1.1.................... moves to amend H.F. No. 3216 as follows:
1.2Page 32, lines 31 to 33, reinstate the stricken language
1.3Page 48, line 8, strike "under the"
1.4Page 48, line 9, strike "agency-provider model"
1.5Page 48, line 10, before "approved" insert "as"
1.6Page 50, line 23, delete the new language, and insert "employer"
1.7Page 55, line 20, after "and" insert "enrolled as a Minnesota health care program
1.8provider as"
1.9Page 55, line 24, delete "that may be"
1.10Page 57, line 20, delete "a multiplier established by the commissioner" and insert
1.11"an adjustment needed"
1.12Page 58, line 17, after "equipment" insert "listed as a covered benefit under medical
1.13assistance"
1.14Page 58, line 27, strike "physical" and insert " health" and strike "physical" and
1.15insert " health"
1.16Page 58, line 29, strike everything before the semicolon and insert "Minnesota
1.17health care program enrolled physician"
1.18Page 60, line 19, delete everything after "and"
1.19Page 60, line 20, delete "services" and insert "FMS"
1.20Page 71, line 22, delete "years'" and insert "years"
1.21Page 72, delete section 20
1.22Page 74, line 19, delete everything before the semicolon and insert "staff who will
1.23have direct contact with the participant to provide worker training and development"
1.24Page 79, line 7, delete "aversive and deprivation procedures" and insert "restrictive
1.25interventions"
1.26Page 79, line 10, delete "aversive and deprivation"
2.1Page 79, line 11, delete "procedures" and insert "restrictive interventions" and before
2.2"and" insert a comma
2.3Page 79, line 33, delete "the rules after adoption of the rules" and insert
2.4"implementation of the rules and make recommendations to the commissioner about any
2.5needed policy changes after adoption of the rules"
2.6Page 80, line 9, delete "aversive or deprivation procedures" and insert "restrictive
2.7interventions"
2.8Page 80, line 11, delete everything after "Disabilities"
2.9Page 80, line 12, delete "Disabilities"
2.10Page 80, line 17, after "Health;" insert "and"
2.11Page 80, delete lines 18 and 19
2.12Page 80, line 20, delete "(6)" and insert "(5)"
2.13Page 81, line 35, after "written" insert "or electronic"
2.14Page 82, after line 6, insert:

2.15    "Sec. 3. Minnesota Statutes 2013 Supplement, section 245A.16, subdivision 1, is
2.16amended to read:
2.17    Subdivision 1. Delegation of authority to agencies. (a) County agencies and
2.18private agencies that have been designated or licensed by the commissioner to perform
2.19licensing functions and activities under section 245A.04 and background studies for family
2.20child care under chapter 245C; to recommend denial of applicants under section 245A.05;
2.21to issue correction orders, to issue variances, and recommend a conditional license under
2.22section 245A.06, or to recommend suspending or revoking a license or issuing a fine under
2.23section 245A.07, shall comply with rules and directives of the commissioner governing
2.24those functions and with this section. The following variances are excluded from the
2.25delegation of variance authority and may be issued only by the commissioner:
2.26    (1) dual licensure of family child care and child foster care, dual licensure of child
2.27and adult foster care, and adult foster care and family child care;
2.28    (2) adult foster care maximum capacity;
2.29    (3) adult foster care minimum age requirement;
2.30    (4) child foster care maximum age requirement;
2.31    (5) variances regarding disqualified individuals except that county agencies may
2.32issue variances under section 245C.30 regarding disqualified individuals when the county
2.33is responsible for conducting a consolidated reconsideration according to sections 245C.25
2.34and 245C.27, subdivision 2, clauses (a) and (b), of a county maltreatment determination
2.35and a disqualification based on serious or recurring maltreatment;
3.1    (6) the required presence of a caregiver in the adult foster care residence during
3.2normal sleeping hours; and
3.3    (7) variances for community residential setting licenses under chapter 245D.
3.4Except as provided in section 245A.14, subdivision 4, paragraph (e), a county agency
3.5must not grant a license holder a variance to exceed the maximum allowable family child
3.6care license capacity of 14 children.
3.7    (b) County agencies must report information about disqualification reconsiderations
3.8under sections 245C.25 and 245C.27, subdivision 2, paragraphs (a) and (b), and variances
3.9granted under paragraph (a), clause (5), to the commissioner at least monthly in a format
3.10prescribed by the commissioner.
3.11    (c) For family day care programs, the commissioner may authorize licensing reviews
3.12every two years after a licensee has had at least one annual review.
3.13    (d) For family adult day services programs, the commissioner may authorize
3.14licensing reviews every two years after a licensee has had at least one annual review.
3.15    (e) A license issued under this section may be issued for up to two years.
3.16(f) During implementation of chapter 245D, the commissioner shall consider:
3.17(1) the role of counties in quality assurance;
3.18(2) the duties of county licensing staff; and
3.19(3) the possible use of joint powers agreements, according to section 471.59, with
3.20counties through which some licensing duties under chapter 245D may be delegated by
3.21the commissioner to the counties.
3.22Any consideration related to this paragraph must meet all of the requirements of the
3.23corrective action plan ordered by the federal Centers for Medicare and Medicaid Services.
3.24(g) Licensing authority specific to section 245D.06, subdivisions 5, 6, 7, and 8, or
3.25successor provisions; and section 245D.061 or successor provisions, for family child
3.26foster care programs providing out-of-home respite, as identified in section 245D.03,
3.27subdivision 1, paragraph (b), clause (1), is excluded from the delegation of authority
3.28to county and private agencies."
3.29Page 83, line 25, before the semicolon, insert "or successor provisions"
3.30Page 85, line 25, before the semicolon, insert ", excluding out-of-home respite care
3.31provided to children in a family child foster care home licensed under Minnesota Rules,
3.32parts 2960.3000 to 2960.3100, when the child foster care license holder complies with the
3.33requirements under section 245D.06, subdivisions 5, 6, 7, and 8, or successor provisions;
3.34and section 245D.061 or successor provisions, which must be stipulated in the statement
3.35of intended use required under Minnesota Rules, part 2960.3000, subpart 4"
3.36Page 88, line 17, after "subdivision 6" insert ", or successor provisions"
4.1Page 88, line 28, delete "or any aversive, deprivation" and insert "restrictive
4.2intervention"
4.3Page 88, line 29, after "subdivision 5," insert "or successor provisions"
4.4Page 88, line 31, after "245D.061" insert "or successor provisions"
4.5Page 88, line 33, after "subdivision 8" insert ", or successor provisions"
4.6Page 96, after line 4, insert:

4.7    "Sec. 25. Minnesota Statutes 2013 Supplement, section 245D.06, subdivision 1,
4.8is amended to read:
4.9    Subdivision 1. Incident response and reporting. (a) The license holder must
4.10respond to incidents under section 245D.02, subdivision 11, that occur while providing
4.11services to protect the health and safety of and minimize risk of harm to the person.
4.12(b) The license holder must maintain information about and report incidents to the
4.13person's legal representative or designated emergency contact and case manager within
4.1424 hours of an incident occurring while services are being provided, within 24 hours of
4.15discovery or receipt of information that an incident occurred, unless the license holder
4.16has reason to know that the incident has already been reported, or as otherwise directed
4.17in a person's coordinated service and support plan or coordinated service and support
4.18plan addendum. An incident of suspected or alleged maltreatment must be reported as
4.19required under paragraph (d), and an incident of serious injury or death must be reported
4.20as required under paragraph (e).
4.21(c) When the incident involves more than one person, the license holder must not
4.22disclose personally identifiable information about any other person when making the report
4.23to each person and case manager unless the license holder has the consent of the person.
4.24(d) Within 24 hours of reporting maltreatment as required under section 626.556
4.25or 626.557, the license holder must inform the case manager of the report unless there is
4.26reason to believe that the case manager is involved in the suspected maltreatment. The
4.27license holder must disclose the nature of the activity or occurrence reported and the
4.28agency that received the report.
4.29(e) The license holder must report the death or serious injury of the person as
4.30required in paragraph (b) and to the Department of Human Services Licensing Division,
4.31and the Office of Ombudsman for Mental Health and Developmental Disabilities as
4.32required under section 245.94, subdivision 2a, within 24 hours of the death, or receipt of
4.33information that the death occurred, unless the license holder has reason to know that the
4.34death has already been reported.
4.35(f) When a death or serious injury occurs in a facility certified as an intermediate
4.36care facility for persons with developmental disabilities, the death or serious injury must
5.1be reported to the Department of Health, Office of Health Facility Complaints, and the
5.2Office of Ombudsman for Mental Health and Developmental Disabilities, as required
5.3under sections 245.91 and 245.94, subdivision 2a, unless the license holder has reason to
5.4know that the death has already been reported.
5.5(g) The license holder must conduct an internal review of incident reports of deaths
5.6and serious injuries that occurred while services were being provided and that were not
5.7reported by the program as alleged or suspected maltreatment, for identification of incident
5.8patterns, and implementation of corrective action as necessary to reduce occurrences.
5.9The review must include an evaluation of whether related policies and procedures were
5.10followed, whether the policies and procedures were adequate, whether there is a need for
5.11additional staff training, whether the reported event is similar to past events with the
5.12persons or the services involved, and whether there is a need for corrective action by the
5.13license holder to protect the health and safety of persons receiving services. Based on
5.14the results of this review, the license holder must develop, document, and implement a
5.15corrective action plan designed to correct current lapses and prevent future lapses in
5.16performance by staff or the license holder, if any.
5.17(h) The license holder must verbally report the emergency use of manual restraint
5.18of a person as required in paragraph (b) within 24 hours of the occurrence. The license
5.19holder must ensure the written report and internal review of all incident reports of the
5.20emergency use of manual restraints are completed according to the requirements in section
5.21245D.061 or successor provisions ."
5.22Page 97, line 10, after "property" insert "; legal representative restrictions"
5.23Page 100, line 22, strike "aversive or deprivation procedures" and insert "restrictive
5.24interventions"
5.25Page 108, line 23, after "subdivision 5," insert "or successor provisions"
5.26Page 108, line 25, before the period, insert "or successor provisions"
5.27Page 112, after line 18, insert:

5.28    "Sec. 41. Minnesota Statutes 2013 Supplement, section 245D.10, subdivision 4,
5.29is amended to read:
5.30    Subd. 4. Availability of current written policies and procedures. (a) The license
5.31holder must review and update, as needed, the written policies and procedures required
5.32under this chapter.
5.33(b) (1) The license holder must inform the person and case manager of the policies
5.34and procedures affecting a person's rights under section 245D.04, and provide copies of
5.35those policies and procedures, within five working days of service initiation.
5.36(2) If a license holder only provides basic services and supports, this includes the:
6.1(i) grievance policy and procedure required under subdivision 2; and
6.2(ii) service suspension and termination policy and procedure required under
6.3subdivision 3.
6.4(3) For all other license holders this includes the:
6.5(i) policies and procedures in clause (2);
6.6(ii) emergency use of manual restraints policy and procedure required under section
6.7245D.061, subdivision 10, or successor provisions ; and
6.8(iii) data privacy requirements under section 245D.11, subdivision 3.
6.9(c) The license holder must provide a written notice to all persons or their legal
6.10representatives and case managers at least 30 days before implementing any procedural
6.11revisions to policies affecting a person's service-related or protection-related rights under
6.12section 245D.04 and maltreatment reporting policies and procedures. The notice must
6.13explain the revision that was made and include a copy of the revised policy and procedure.
6.14The license holder must document the reasonable cause for not providing the notice at
6.15least 30 days before implementing the revisions.
6.16(d) Before implementing revisions to required policies and procedures, the license
6.17holder must inform all employees of the revisions and provide training on implementation
6.18of the revised policies and procedures.
6.19(e) The license holder must annually notify all persons, or their legal representatives,
6.20and case managers of any procedural revisions to policies required under this chapter,
6.21other than those in paragraph (c). Upon request, the license holder must provide the
6.22person, or the person's legal representative, and case manager with copies of the revised
6.23policies and procedures."
6.24Page 131, line 25, after "repealed" insert " upon the effective date of rules adopted
6.25according to Minnesota Statutes, section 245.8251, or, if sequential effective dates are
6.26used, the first effective date. The commissioner of human services shall notify the revisor
6.27of statutes when this occurs"
6.28Page 131, line 27, after "245.8251" insert ", or, if sequential effective dates are
6.29used, the first effective date"
6.30Page 131, line 30, delete everything before "23b" and insert "5a, and" and delete
6.31", 28, 29, and 34a"
6.32Page 131, line 32, after "245.8251" insert ", or, if sequential effective dates are
6.33used, the first effective date"
6.34Page 131, line 35, after "245.8251" insert ", or, if sequential effective dates are
6.35used, the first effective date"
6.36Renumber the sections in sequence and correct the internal references
7.1Amend the title accordingly