1.1.................... moves to amend H.F. No. 1233, the first engrossment, as follows:
1.2Page 19, delete section 26 and insert:

1.3    "Sec. 26. Minnesota Statutes 2012, section 256L.01, is amended by adding a
1.4subdivision to read:
1.5    Subd. 1b. Affordable Care Act. "Affordable Care Act" means the federal Patient
1.6Protection and Affordable Care Act, Public Law 111-148, as amended, including the
1.7federal Health Care and Education Reconciliation Act of 2010, Public Law 111-152, and
1.8any amendments to, and any federal guidance or regulations issued under, these acts."
1.9Page 176, line 22, after "clinic" insert "that is part of a dental group"
1.10Page 176, line 23, after "10,000" insert "dental group"
1.11Page 176, line 25, after "the" insert "individual"
1.12Page 179, line 14, delete "..." and insert "one"
1.13Page 179, line 15, delete "$500,000" and insert "$450,000"
1.14Page 181, delete section 1
1.15Page 186, line 6, delete "$3,717" and insert "$3,679"
1.16Page 200, after line 18, insert:
1.17    "(c) Effective July 1, 2013, or later, any boarding care facility in Hennepin
1.18County licensed for 100 beds shall be allowed to receive a property rate adjustment
1.19for a construction project that takes action to come into compliance with Minnesota
1.20Department of Labor and Industry elevator upgrade requirements, with costs below the
1.21minimum threshold under subdivision 16. Only costs related to the construction project
1.22that brings the facility into compliance with the elevator requirements shall be allowed.
1.23Notwithstanding any other law to the contrary, money available under section 144A.073,
1.24subdivision 11, after the completion of the moratorium exception approval process in
1.252013 under section 144A.073, subdivision 3, shall be used to reduce the fiscal impact to
1.26the medical assistance program."
1.27Page 200, line 19, delete "This section" and insert "Paragraph (b)"
2.1Page 221, line 14, delete "home" and insert "facility" and delete "implementation"
2.2and insert "to be implemented January 1, 2014,"
2.3Page 221, line 15, delete everything after "who" and insert "lose eligibility for home
2.4and community-based services waivers under Minnesota Statutes, sections 256B.0915,
2.5and 256B.49, and alternative care under Minnesota Statutes, section 256B.0913;"
2.6Page 221, delete lines 16 to 23, and insert:
2.7    "(2) the number of individuals who lose eligibility for medical assistance; and
2.8    (3) for individuals reported under clauses (1) and (2), and to the extent possible:
2.9    (i) their living situation before and after nursing facility level of care implementation;
2.10and
2.11    (ii) the programs or services they received before and after nursing facility level of
2.12care implementation, including, but not limited to, personal care assistant services and
2.13essential community supports."
2.14Page 221, line 26, after "(a)" insert ". A preliminary report shall be submitted" and
2.15delete "annually thereafter" and insert "a final report shall be submitted February 15, 2015"
2.16Page 221, after line 26, insert:

2.17    "Sec. .... HOME AND COMMUNITY-BASED SERVICES REPORT CARD.
2.18    (a) The commissioner of human services shall work with existing advisory groups
2.19to develop recommendations for a home and community-based services report card.
2.20The advisory committee shall consider the requirements from the Minnesota Consumer
2.21Information Guide under Minnesota Statutes, section 144G.06, as a base for development
2.22of a home and community-based services report card to compare the housing options
2.23available to consumers. Other items to be considered by the advisory committee in
2.24developing recommendations include:
2.25    (1) defining the goal of the report card;
2.26    (2) measuring outcomes, consumer information, and options for pay for performance;
2.27    (3) developing separate measures for programs for the elderly population and for
2.28persons with disabilities;
2.29    (4) identifying sources of information that are standardized and contain sufficient
2.30data;
2.31    (5) identifying the financial support needed to create and publicize the housing
2.32information guide, and ongoing funding for data collection and staffing to monitor,
2.33report, and analyze data;
2.34    (6) recognizing that home and community-based services settings exist with
2.35significant variations as to size, settings, and services available;
3.1    (7) ensuring that consumer choice and consumer information is retained and valued;
3.2and
3.3    (8) considering the applicability of these measures on providers based on payer
3.4source, size, and population served.
3.5    (b) The workgroup shall discuss whether there are additional funding, resources,
3.6or research needed. The workgroup shall report recommendations to the legislative
3.7committees with jurisdiction over health and human services policy and finance by August
3.81, 2014. The report card shall be available on July 1, 2015."
3.9Page 337, after line 8, insert:

3.10    "Section 1. Minnesota Statutes 2012, section 13.46, subdivision 4, is amended to read:
3.11    Subd. 4. Licensing data. (a) As used in this subdivision:
3.12    (1) "licensing data" are all data collected, maintained, used, or disseminated by the
3.13welfare system pertaining to persons licensed or registered or who apply for licensure
3.14or registration or who formerly were licensed or registered under the authority of the
3.15commissioner of human services;
3.16    (2) "client" means a person who is receiving services from a licensee or from an
3.17applicant for licensure; and
3.18    (3) "personal and personal financial data" are Social Security numbers, identity
3.19of and letters of reference, insurance information, reports from the Bureau of Criminal
3.20Apprehension, health examination reports, and social/home studies.
3.21    (b)(1)(i) Except as provided in paragraph (c), the following data on applicants,
3.22license holders, and former licensees are public: name, address, telephone number of
3.23licensees, date of receipt of a completed application, dates of licensure, licensed capacity,
3.24type of client preferred, variances granted, record of training and education in child care
3.25and child development, type of dwelling, name and relationship of other family members,
3.26previous license history, class of license, the existence and status of complaints, and the
3.27number of serious injuries to or deaths of individuals in the licensed program as reported
3.28to the commissioner of human services, the local social services agency, or any other
3.29county welfare agency. For purposes of this clause, a serious injury is one that is treated
3.30by a physician.
3.31    (ii) When a correction order, an order to forfeit a fine, an order of license suspension,
3.32an order of temporary immediate suspension, an order of license revocation, an order
3.33of license denial, or an order of conditional license has been issued, or a complaint is
3.34resolved, the following data on current and former licensees and applicants are public: the
3.35substance and investigative findings of the licensing or maltreatment complaint, licensing
3.36violation, or substantiated maltreatment; the record of informal resolution of a licensing
4.1violation; orders of hearing; findings of fact; conclusions of law; specifications of the final
4.2correction order, fine, suspension, temporary immediate suspension, revocation, denial, or
4.3conditional license contained in the record of licensing action; whether a fine has been
4.4paid; and the status of any appeal of these actions.
4.5    (iii) When a license denial under section 245A.05 or a sanction under section
4.6245A.07 is based on a determination that the license holder or applicant is responsible for
4.7maltreatment under section 626.556 or 626.557, the identity of the applicant or license
4.8holder as the individual responsible for maltreatment is public data at the time of the
4.9issuance of the license denial or sanction.
4.10    (iv) When a license denial under section 245A.05 or a sanction under section
4.11245A.07 is based on a determination that the license holder or applicant is disqualified
4.12under chapter 245C, the identity of the license holder or applicant as the disqualified
4.13individual and the reason for the disqualification are public data at the time of the
4.14issuance of the licensing sanction or denial. If the applicant or license holder requests
4.15reconsideration of the disqualification and the disqualification is affirmed, the reason for
4.16the disqualification and the reason to not set aside the disqualification are public data.
4.17    (2) Notwithstanding sections 626.556, subdivision 11, and 626.557, subdivision 12b,
4.18when any person subject to disqualification under section 245C.14 in connection with a
4.19license to provide family day care for children, child care center services, foster care for
4.20children in the provider's home, or foster care or day care services for adults in the provider's
4.21home is a substantiated perpetrator of maltreatment, and the substantiated maltreatment is
4.22a reason for a licensing action, the identity of the substantiated perpetrator of maltreatment
4.23is public data. For purposes of this clause, a person is a substantiated perpetrator if the
4.24maltreatment determination has been upheld under section 256.045; 626.556, subdivision
4.2510i ; 626.557, subdivision 9d; or chapter 14, or if an individual or facility has not timely
4.26exercised appeal rights under these sections, except as provided under clause (1).
4.27    (3) For applicants who withdraw their application prior to licensure or denial of a
4.28license, the following data are public: the name of the applicant, the city and county in
4.29which the applicant was seeking licensure, the dates of the commissioner's receipt of the
4.30initial application and completed application, the type of license sought, and the date
4.31of withdrawal of the application.
4.32    (4) For applicants who are denied a license, the following data are public: the name
4.33and address of the applicant, the city and county in which the applicant was seeking
4.34licensure, the dates of the commissioner's receipt of the initial application and completed
4.35application, the type of license sought, the date of denial of the application, the nature of
4.36the basis for the denial, the record of informal resolution of a denial, orders of hearings,
5.1findings of fact, conclusions of law, specifications of the final order of denial, and the
5.2status of any appeal of the denial.
5.3    (5) Except as provided in paragraph (l), the following data on persons subject to
5.4disqualification under section 245C.14 in connection with a license to provide family day
5.5care for children, child care center services, foster care for children in the provider's home,
5.6or foster care or day care services for adults in the provider's home, are public: the nature
5.7of any disqualification set aside under section 245C.22, subdivisions 2 and 4, and the
5.8reasons for setting aside the disqualification; the nature of any disqualification for which
5.9a variance was granted under sections 245A.04, subdivision 9; and 245C.30, and the
5.10reasons for granting any variance under section 245A.04, subdivision 9; and, if applicable,
5.11the disclosure that any person subject to a background study under section 245C.03,
5.12subdivision 1 , has successfully passed a background study. If a licensing sanction under
5.13section 245A.07, or a license denial under section 245A.05, is based on a determination
5.14that an individual subject to disqualification under chapter 245C is disqualified, the
5.15disqualification as a basis for the licensing sanction or denial is public data. As specified
5.16in clause (1), item (iv), if the disqualified individual is the license holder or applicant,
5.17the identity of the license holder or applicant and the reason for the disqualification
5.18are public data; and, if the license holder or applicant requested reconsideration of the
5.19disqualification and the disqualification is affirmed, the reason for the disqualification and
5.20the reason to not set aside the disqualification are public data. If the disqualified individual
5.21is an individual other than the license holder or applicant, the identity of the disqualified
5.22individual shall remain private data.
5.23    (6) When maltreatment is substantiated under section 626.556 or 626.557 and the
5.24victim and the substantiated perpetrator are affiliated with a program licensed under
5.25chapter 245A, the commissioner of human services, local social services agency, or
5.26county welfare agency may inform the license holder where the maltreatment occurred of
5.27the identity of the substantiated perpetrator and the victim.
5.28    (7) Notwithstanding clause (1), for child foster care, only the name of the license
5.29holder and the status of the license are public if the county attorney has requested that data
5.30otherwise classified as public data under clause (1) be considered private data based on the
5.31best interests of a child in placement in a licensed program.
5.32    (c) The following are private data on individuals under section 13.02, subdivision
5.3312 , or nonpublic data under section 13.02, subdivision 9: personal and personal financial
5.34data on family day care program and family foster care program applicants and licensees
5.35and their family members who provide services under the license.
6.1    (d) The following are private data on individuals: the identity of persons who have
6.2made reports concerning licensees or applicants that appear in inactive investigative data,
6.3and the records of clients or employees of the licensee or applicant for licensure whose
6.4records are received by the licensing agency for purposes of review or in anticipation of a
6.5contested matter. The names of reporters of complaints or alleged violations of licensing
6.6standards under chapters 245A, 245B, 245C, and applicable rules and alleged maltreatment
6.7under sections 626.556 and 626.557, are confidential data and may be disclosed only as
6.8provided in section 626.556, subdivision 11, or 626.557, subdivision 12b.
6.9    (e) Data classified as private, confidential, nonpublic, or protected nonpublic under
6.10this subdivision become public data if submitted to a court or administrative law judge as
6.11part of a disciplinary proceeding in which there is a public hearing concerning a license
6.12which has been suspended, immediately suspended, revoked, or denied.
6.13    (f) Data generated in the course of licensing investigations that relate to an alleged
6.14violation of law are investigative data under subdivision 3.
6.15    (g) Data that are not public data collected, maintained, used, or disseminated under
6.16this subdivision that relate to or are derived from a report as defined in section 626.556,
6.17subdivision 2 , or 626.5572, subdivision 18, are subject to the destruction provisions of
6.18sections 626.556, subdivision 11c, and 626.557, subdivision 12b.
6.19    (h) Upon request, not public data collected, maintained, used, or disseminated under
6.20this subdivision that relate to or are derived from a report of substantiated maltreatment as
6.21defined in section 626.556 or 626.557 may be exchanged with the Department of Health
6.22for purposes of completing background studies pursuant to section 144.057 and with
6.23the Department of Corrections for purposes of completing background studies pursuant
6.24to section 241.021.
6.25    (i) Data on individuals collected according to licensing activities under chapters
6.26245A and 245C, data on individuals collected by the commissioner of human services
6.27according to investigations under chapters 245A, 245B, and 245C, and sections 626.556
6.28and 626.557 may be shared with the Department of Human Rights, the Department
6.29of Health, the Department of Corrections, the ombudsman for mental health and
6.30developmental disabilities, and the individual's professional regulatory board when there
6.31is reason to believe that laws or standards under the jurisdiction of those agencies may
6.32have been violated or the information may otherwise be relevant to the board's regulatory
6.33jurisdiction. Background study data on an individual who is the subject of a background
6.34study under chapter 245C for a licensed service for which the commissioner of human
6.35services is the license holder may be shared with the commissioner and the commissioner's
7.1delegate by the licensing division. Unless otherwise specified in this chapter, the identity
7.2of a reporter of alleged maltreatment or licensing violations may not be disclosed.
7.3    (j) In addition to the notice of determinations required under section 626.556,
7.4subdivision 10f , if the commissioner or the local social services agency has determined
7.5that an individual is a substantiated perpetrator of maltreatment of a child based on sexual
7.6abuse, as defined in section 626.556, subdivision 2, and the commissioner or local social
7.7services agency knows that the individual is a person responsible for a child's care in
7.8another facility, the commissioner or local social services agency shall notify the head
7.9of that facility of this determination. The notification must include an explanation of the
7.10individual's available appeal rights and the status of any appeal. If a notice is given under
7.11this paragraph, the government entity making the notification shall provide a copy of the
7.12notice to the individual who is the subject of the notice.
7.13    (k) All not public data collected, maintained, used, or disseminated under this
7.14subdivision and subdivision 3 may be exchanged between the Department of Human
7.15Services, Licensing Division, and the Department of Corrections for purposes of
7.16regulating services for which the Department of Human Services and the Department
7.17of Corrections have regulatory authority.
7.18    (l) For individuals whose disqualification under chapter 245C was based only on
7.19juvenile court records, and for which it was determined there have been no offenses in the
7.20previous five or more years, the disqualification, the reason for the disqualification, and any
7.21information about a set-aside shall be private data on the individual, and disclosed to the
7.22program or entity that initiated the background study only as provided under chapter 245C.

7.23    Sec. 2. Minnesota Statutes 2012, section 62A.65, subdivision 2, is amended to read:
7.24    Subd. 2. Guaranteed renewal. (a) No individual health plan may be offered, sold,
7.25issued, or renewed to a Minnesota resident unless the health plan provides that the plan
7.26is guaranteed renewable at a premium rate that does not take into account the claims
7.27experience or any change in the health status of any covered person that occurred after
7.28the initial issuance of the health plan to the person. The premium rate upon renewal
7.29must also otherwise comply with this section. A health carrier must not refuse to renew
7.30an individual health plan, except for nonpayment of premiums, fraud, or intentional
7.31 misrepresentation of a material fact.
7.32    (b) A health carrier may elect to discontinue health plan coverage of an individual in
7.33the individual market only, excluding a grandfathered plan as defined in section 62A.011,
7.34subdivision 1c, in one or more of the following situations:
8.1    (1) the health carrier is ceasing to offer individual health plan coverage in the
8.2individual market in accordance with sections 62A.65, subdivision 8, 62E.11, subdivision
8.39, and federal law;
8.4    (2) for network plans, the individual no longer resides, lives, or works in the
8.5service area of the health carrier, or the area for which the health carrier is authorized to
8.6do business, but only if coverage is terminated uniformly without regard to any health
8.7status-related factor of covered individuals; or
8.8    (3) a decision by the health carrier to discontinue offering a particular type of
8.9individual health plan if it meets the following requirements:
8.10    (i) provides notice in writing to each individual provided coverage of that type of
8.11health plan at least 90 days before the date coverage will be discontinued;
8.12    (ii) provides notice to the commissioner of commerce at least 30 business days
8.13before the issuer or health carrier gives notice to the individuals;
8.14    (iii) offers to each covered individual information about products currently offered
8.15that are closest in actuarial equivalence;
8.16    (iv) offers to each covered individual, on a guaranteed issue basis, the option to
8.17purchase any other individual health plan currently being offered by the health carrier or
8.18related health carrier for individuals in the market; and
8.19    (v) acts uniformly without regard to any health status-related factor of covered
8.20individuals or dependents of covered individuals who may become eligible for coverage.

8.21    Sec. 3. Minnesota Statutes 2012, section 62A.65, is amended by adding a subdivision
8.22to read:
8.23    Subd. 2a. Modification of plan. At the time of coverage renewal, an issuer or
8.24health carrier may modify the health plan, excluding a grandfathered plan as defined under
8.25section 62A.011, subdivision 1c, providing individual health plan coverage offered to
8.26individuals in the individual market, so long as the modification is consistent with state
8.27law and is effective on a uniform basis for individuals with that coverage."
8.28Page 341, after line 20, insert:

8.29    "Sec. 5. Minnesota Statutes 2012, section 245C.04, is amended by adding a subdivision
8.30to read:
8.31    Subd. 7. Initiation of background study by an individual. The commissioner shall
8.32modify the online NETStudy system to allow an individual to initiate a background study
8.33on himself or herself when the individual has only juvenile court records, and no adult
8.34criminal history information on file with the courts or Bureau of Criminal Apprehension,
8.35so that if disqualified, the individual may request a set-aside of the disqualification under
9.1section 245C.22 before applying for employment with a program or agency required to
9.2initiate a background study under this chapter. If the individual receives a set-aside of
9.3the disqualification under section 245C.22, the provisions of section 245C.22 shall apply
9.4to future background studies initiated by a program or entity under this chapter. The
9.5commissioner shall collect a fee from the individual initiating the background study under
9.6this subdivision according to the fee requirements for human services licensed programs
9.7under section 245C.10, subdivision 9.

9.8    Sec. 6. Minnesota Statutes 2012, section 245C.17, subdivision 2, is amended to read:
9.9    Subd. 2. Disqualification notice sent to subject. (a) If the information in the study
9.10indicates the individual is disqualified from direct contact with, or from access to, persons
9.11served by the program, the commissioner shall disclose commissioner's notice to the
9.12individual studied shall include:
9.13    (1) the information causing disqualification;
9.14    (2) instructions on how to request a reconsideration of the disqualification;
9.15    (3) an explanation of any restrictions on the commissioner's discretion to set aside
9.16the disqualification under section 245C.24, when applicable to the individual;
9.17    (4) except as provided under paragraph (d), the commissioner's notice to the
9.18individual will include a statement that, if the individual's disqualification is set aside
9.19under section 245C.22, the applicant, license holder, or other entity that initiated the
9.20background study will be provided with the reason for the individual's disqualification
9.21and an explanation that the factors under section 245C.22, subdivision 4, which were the
9.22basis of the decision to set aside the disqualification shall be made available to the license
9.23holder upon request without the consent of the subject of the background study;
9.24    (5) except as provided under paragraph (d), the commissioner's notice to the
9.25individual will include a statement indicating that if the individual's disqualification is set
9.26aside or the facility is granted a variance under section 245C.30, the individual's identity
9.27and the reason for the individual's disqualification will become public data under section
9.28245C.22, subdivision 7 , when applicable to the individual;
9.29    (6) except as provided under paragraph (d), the commissioner's notice to the
9.30individual will include a statement that when a subsequent background study is initiated
9.31on the individual following a set-aside of the individual's disqualification, and the
9.32commissioner makes a determination under section 245C.22, subdivision 5, paragraph
9.33(b), that the previous set-aside applies to the subsequent background study, the applicant,
9.34license holder, or other entity that initiated the background study will be informed in the
9.35notice under section 245C.22, subdivision 5, paragraph (c):
10.1    (i) of the reason for the individual's disqualification;
10.2    (ii) that the individual's disqualification is set aside for that program or agency; and
10.3    (iii) that information about the factors under section 245C.22, subdivision 4, that
10.4were the basis of the decision to set aside the disqualification are available to the license
10.5holder upon request without the consent of the background study subject; and
10.6    (7) the commissioner's determination of the individual's immediate risk of harm
10.7under section 245C.16.
10.8    (b) If the commissioner determines under section 245C.16 that an individual poses
10.9an imminent risk of harm to persons served by the program where the individual will have
10.10direct contact with, or access to, people receiving services, the commissioner's notice must
10.11include an explanation of the basis of this determination.
10.12    (c) If the commissioner determines under section 245C.16 that an individual studied
10.13does not pose a risk of harm that requires immediate removal, the individual shall be
10.14informed of the conditions under which the agency that initiated the background study
10.15may allow the individual to have direct contact with, or access to, people receiving
10.16services, as provided under subdivision 3.
10.17    (d) For a disqualification based only on juvenile court records, and for which there
10.18have been no offenses in the previous five or more years, and unless the commissioner
10.19determines that the individual must be immediately removed or provided continuous
10.20supervision under subdivision 3, the notice of disqualification sent to the individual
10.21shall explain that:
10.22    (1) the notice to the program or agency that initiated the background study stated
10.23only that more time is needed to complete the background study;
10.24    (2) if the disqualified individual submits a timely request for reconsideration and the
10.25result is a rescission of the disqualification or a set-aside of the disqualification, the fact that
10.26the individual was disqualified will not be made public or provided to the employer; and
10.27    (3) if the disqualification is rescinded or set aside, the commissioner shall send
10.28the program or agency the same notification received by the program or agency for a
10.29background study in which the individual studied has not been disqualified.

10.30    Sec. 7. Minnesota Statutes 2012, section 245C.17, subdivision 3, is amended to read:
10.31    Subd. 3. Disqualification notification to the applicant, license holder, or other
10.32entity. (a) The commissioner shall notify an applicant, license holder, or other entity as
10.33provided in this chapter who is not the subject of the study:
11.1    (1) that the commissioner has found information that disqualifies the individual
11.2studied from being in a position allowing direct contact with, or access to, people served
11.3by the program; and
11.4    (2) the commissioner's determination of the individual's risk of harm under section
11.5245C.16 .
11.6    (b) If the commissioner determines under section 245C.16 that an individual studied
11.7poses an imminent risk of harm to persons served by the program where the individual
11.8studied will have direct contact with, or access to, people served by the program, the
11.9commissioner shall order the license holder to immediately remove the individual studied
11.10from any position allowing direct contact with, or access to, people served by the program.
11.11    (c) If the commissioner determines under section 245C.16 that an individual studied
11.12poses a risk of harm that requires continuous, direct supervision, the commissioner shall
11.13order the applicant, license holder, or other entities as provided in this chapter to:
11.14    (1) immediately remove the individual studied from any position allowing direct
11.15contact with, or access to, people receiving services; or
11.16    (2) before allowing the disqualified individual to be in a position allowing direct
11.17contact with, or access to, people receiving services, the applicant, license holder, or other
11.18entity, as provided in this chapter, must:
11.19    (i) obtain from the disqualified individual a copy of the individual's notice of
11.20disqualification from the commissioner that explains the reason for disqualification;
11.21    (ii) ensure that the individual studied is under continuous, direct supervision when
11.22in a position allowing direct contact with, or access to, people receiving services during
11.23the period in which the individual may request a reconsideration of the disqualification
11.24under section 245C.21; and
11.25    (iii) ensure that the disqualified individual requests reconsideration within 30 days of
11.26receipt of the notice of disqualification; or
11.27    (3) for a disqualification based only on juvenile court records, and there have been
11.28no offenses in the previous five or more years, the notice under this paragraph shall not
11.29require the program or entity to obtain from the individual a copy of the individual's notice
11.30of disqualification under clause (2), item (i).
11.31    (d) Except as provided under paragraph (f), if the commissioner determines under
11.32section 245C.16 that an individual studied does not pose a risk of harm that requires
11.33continuous, direct supervision, the commissioner shall order the applicant, license holder,
11.34or other entities as provided in this chapter to:
11.35    (1) immediately remove the individual studied from any position allowing direct
11.36contact with, or access to, people receiving services; or
12.1    (2) before allowing the disqualified individual to be in any position allowing direct
12.2contact with, or access to, people receiving services, the applicant, license holder, or
12.3other entity as provided in this chapter must:
12.4    (i) obtain from the disqualified individual a copy of the individual's notice of
12.5disqualification from the commissioner that explains the reason for disqualification; and
12.6    (ii) ensure that the disqualified individual requests reconsideration within 15 days
12.7of receipt of the notice of disqualification.
12.8    (e) The commissioner shall not notify the applicant, license holder, or other entity
12.9as provided in this chapter of the information contained in the subject's background
12.10study unless:
12.11    (1) the basis for the disqualification is failure to cooperate with the background study
12.12or substantiated maltreatment under section 626.556 or 626.557;
12.13    (2) the Data Practices Act under chapter 13 provides for release of the information; or
12.14    (3) the individual studied authorizes the release of the information.
12.15    (f) When an individual's disqualification is based only on juvenile court records, and
12.16there have been no offenses in the previous five or more years, and the commissioner does
12.17not determine that the individual must be immediately removed according to paragraph (b)
12.18or continuously supervised according to paragraph (c), the notice to the program or entity
12.19shall not identify that the individual is disqualified, but state only that the commissioner
12.20needs more time to complete the background study.

12.21    Sec. 8. Minnesota Statutes 2012, section 245C.22, subdivision 5, is amended to read:
12.22    Subd. 5. Scope of set-aside. (a) If the commissioner sets aside a disqualification
12.23under this section, the disqualified individual remains disqualified, but may hold a license
12.24and have direct contact with or access to persons receiving services. Except as provided in
12.25paragraph (b) or (c), the commissioner's set-aside of a disqualification is limited solely to
12.26the licensed program, applicant, or agency specified in the set aside notice under section
12.27245C.23 . For personal care provider organizations, the commissioner's set-aside may
12.28further be limited to a specific individual who is receiving services. For new background
12.29studies required under section 245C.04, subdivision 1, paragraph (i), if an individual's
12.30disqualification was previously set aside for the license holder's program and the new
12.31background study results in no new information that indicates the individual may pose a
12.32risk of harm to persons receiving services from the license holder, the previous set-aside
12.33shall remain in effect.
12.34    (b) If the commissioner has previously set aside an individual's disqualification
12.35for one or more programs or agencies, and the individual is the subject of a subsequent
13.1background study for a different program or agency, the commissioner shall determine
13.2whether the disqualification is set aside for the program or agency that initiated the
13.3subsequent background study. A notice of a set-aside under paragraph (c) shall be issued
13.4within 15 working days if all of the following criteria are met:
13.5    (1) the subsequent background study was initiated in connection with a program
13.6licensed or regulated under the same provisions of law and rule for at least one program
13.7for which the individual's disqualification was previously set aside by the commissioner;
13.8    (2) the individual is not disqualified for an offense specified in section 245C.15,
13.9subdivision 1 or 2;
13.10    (3) the commissioner has received no new information to indicate that the individual
13.11may pose a risk of harm to any person served by the program; and
13.12    (4) the previous set-aside was not limited to a specific person receiving services.
13.13    (c) Except as provided in paragraph (d), when a disqualification is set aside under
13.14paragraph (b), the notice of background study results issued under section 245C.17, in
13.15addition to the requirements under section 245C.17, shall state that the disqualification is
13.16set aside for the program or agency that initiated the subsequent background study. The
13.17notice must inform the individual that the individual may request reconsideration of the
13.18disqualification under section 245C.21 on the basis that the information used to disqualify
13.19the individual is incorrect.
13.20    (d) When a disqualification is set aside under paragraph (b) for a disqualification
13.21based only on juvenile court records, the notice of background study results issued to
13.22the program or agency by the commissioner under section 245C.17 shall be the same
13.23notification received by the program or agency for a background study in which the
13.24individual studied has no disqualifying characteristic."
13.25Page 350, line 25, strike "prostitution" and insert "sexual exploitation"
13.26Page 351, line 28, strike "prostitution" and insert "sexual exploitation"
13.27Page 352, line 5, after the period, insert "Programs funded under this section must
13.28submit demographic and outcome information to the commissioner. The commissioner
13.29must submit a report regarding program demographic and outcome information to the
13.30legislature upon request."
13.31Page 356, after line 6, insert:

13.32    "Sec. 17. Laws 2011, First Special Session chapter 9, article 1, section 3, the effective
13.33date, is amended to read:
13.34EFFECTIVE DATE.This section is effective January 1, 2013 July 1, 2014.
13.35EFFECTIVE DATE.This section is effective retroactively from January 1, 2013."
14.1Page 356, line 31, before the comma insert "under Minnesota Statutes chapter 256B
14.2and MinnesotaCare under chapter 256L"
14.3Page 357, line 1, after "income" insert a comma
14.4Page 357, line 7, delete everything after the period
14.5Page 357, after line 7, insert:
14.6    "(d) For the purposes of this section:"
14.7Page 357, line 13, delete "goal setting" and insert "goal-setting"
14.8Page 430, after line 10, insert:

14.9    "Sec. .... Minnesota Statutes 2012, section 144.0724, subdivision 6, is amended to read:
14.10    Subd. 6. Penalties for late or nonsubmission. A facility that fails to complete or
14.11submit an assessment for a RUG-III or RUG-IV classification within seven days of the
14.12time requirements in subdivisions 4 and 5 is subject to a reduced rate for that resident.
14.13The reduced rate shall be the lowest rate for that facility. The reduced rate is effective on
14.14the day of admission for new admission assessments or on the day that the assessment
14.15was due for all other assessments and continues in effect until the first day of the month
14.16following the date of submission of the resident's assessment. If loss of revenue due to
14.17penalties incurred by a facility for any period of 92 days are equal to or greater than 1.0
14.18percent of the total operating costs on the facility's most recent annual statistical and cost
14.19report, a facility may apply to the commissioner of human services for a reduction in
14.20the total penalty amount. The commissioner of human services in consultation with the
14.21commissioner of health may, at the sole discretion of the commissioner of human services,
14.22limit the penalty for residents covered by medical assistance to fifteen days."
14.23Page 443, line 20, after "illness" insert ", preventable health costs,"
14.24Page 443, line 26, strike "2009" and insert "2013"
14.25Page 443, line 27, strike "competitive" and after "to" insert "all"
14.26Page 444, delete lines 26 to 30
14.27Page 445, delete lines 8 to 19 and insert:
14.28    "(b) in carrying out its responsibilities for administration, technical assistance, and
14.29oversight, the commissioner may contract out its responsibilities within the limits of the
14.30administrative budget given for those purposes."
14.31Page 445, delete lines 28 to 36
14.32Page 478, line 24, delete "5,644,039,000" and insert "5,643,757,000" and delete
14.33"5,876,951,000" and insert "5,877,152,000" and delete "11,520,990,000" and insert
14.34"11,520,909,000"
15.1Page 478, line 27, delete "664,161,000" and insert "664,087,000" and delete
15.2"427,466,000" and insert "432,345,000" and delete "1,091,628,000" and insert
15.3"1,096,433,000"
15.4Page 478, line 30, delete "6,649,113,000" and insert "6,648,757,000" and delete
15.5"6,646,747,000" and insert "6,651,827,000" and delete "13,295,860,000" and insert
15.6"13,300,584,000"
15.7Page 479, line 17, delete "5,558,517,000" and insert "5,558,235,000" and delete
15.8"5,796,553,000" and insert "5,796,754,000"
15.9Page 479, line 20, delete "631,881,000" and insert "631,807,000" and delete
15.10"395,749,000" and insert "395,628,000"
15.11Page 489, line 28, delete "296,272,000" and insert "296,282,000" and delete
15.12"226,606,000" and insert "226,619,000"
15.13Page 489, line 31, delete "4,368,215,000" and insert "4,367,908,000" and delete
15.14"4,592,196,000" and insert "4,592,372,000"
15.15Page 489, line 32, delete "292,771,000" and insert "292,697,000" and delete
15.16"123,507,000" and insert "123,386,000"
15.17Page 490, line 4, delete "$239,934,000" and insert "$240,426,000"
15.18Page 490, line 5, delete "$218,047,000" and insert "$218,557,000"
15.19Page 491, delete lines 15 to 33
15.20Page 492, delete lines 1 to 16
15.21Page 493, line 26, delete "16,572,000" and insert "16,597,000" and delete
15.22"16,573,000" and insert "16,598,000"
15.23Page 494, after line 4, insert:
15.24"Food Shelf Programs. $25,000 each
15.25year from the general fund is for food shelf
15.26programs under Minnesota Statutes, section
15.27256E.34. This appropriation is onetime.
15.28Notwithstanding Minnesota Statutes, section
15.29256E.34, subdivision 4, no portion of this
15.30appropriation may be used by Hunger
15.31Solutions for its administrative expenses,
15.32including but not limited to rent and salaries."
15.33Page 494, line 9, delete everything after the period and insert "If funds are
15.34appropriated in fiscal years 2014 or 2015"
15.35Page 494, delete line 10
15.36Page 494, line 11, delete "and fiscal year 2015"
16.1Page 494, line 17, delete ". The" and insert ", then the"
16.2Page 497, line 21, delete "168,946,000" and insert "173,946,000"
16.3Page 497, line 27, delete "31,717,000" and insert "36,717,000"
16.4Page 498, line 5, delete "21,731,000" and insert "26,731,000"
16.5Page 498, delete lines 16 to 21 and insert:
16.6"(a) $20,000,000 in fiscal year 2014 and
16.7$25,000,000 in fiscal year 2015 is from the
16.8Health Care Access fund for the Statewide
16.9Health Improvement Program (SHIP) for
16.10grants to all local community health boards
16.11and tribal governments. Funds appropriated
16.12under this paragraph are available until
16.13expended. Public health agencies in their
16.14third cycle of SHIP funding shall incorporate
16.15activities targeted to addressing populations
16.16with health disparities or persons with
16.17disabilities.
16.18(b) Of the appropriated amount, $500,000
16.19in fiscal year 2015 shall be distributed as
16.20two-year pilot grants focused on improving
16.21health and reducing health care costs in
16.22populations over age 60. Grants shall be
16.23awarded by February 1, 2014, to five county
16.24public health agencies, multicounty public
16.25health agency partnerships, or county/city
16.26public health agency partnerships to initiate
16.27evidence-based strategies for improving
16.28the physical activity levels of citizens over
16.29age 60 with a goal of improving health and
16.30reducing health care costs. Partnerships with
16.31community education, health providers, or
16.32other local institutions shall be encouraged
16.33to establish ongoing outreach and sustainable
16.34programming.
17.1(c) Pilot project funds shall be distributed
17.2based on a $30,000 base with a per senior
17.3add-on based on the population to be served
17.4and shall include urban, suburban, regional
17.5center, and rural counties. Each grant shall
17.6serve an area with a minimum population
17.7base of persons over age 60 and shall target
17.8those seniors most at risk of high health costs
17.9due to a sedentary lifestyle, chronic disease,
17.10or other risk factors. Up to 8 percent of the
17.11above appropriation is available for creating
17.12a library of evidence-based programs that
17.13improve health and reduce health care costs,
17.14outcome-based reporting, and administration.
17.15The planning for the pilots shall engage
17.16local public health officials, other health
17.17promotion organizations and Board of Aging
17.18staff, and explore the potential future use of
17.19Title III Older American Act funds and other
17.20nonstate funding.
17.21(d) No more than 16 percent of the SHIP
17.22budget may be used for administration,
17.23technical assistance, and state-level
17.24evaluation costs."
17.25Reletter the paragraphs in sequence
17.26Renumber the sections in sequence and correct the internal references
17.27Amend the title accordingly