107.25 107.24 Subd.5. 107.26 107.23 107.27 …...Article6Miscellaneous April07,201208:33AM HouseLanguageH2294-3 SenateLanguageUEH2294-1 132.1 ARTICLE6 132.2 MISCELLANEOUS 107.20 5

Article 6 Miscellaneous April 07, 2012 08:33 AM

House Language H2294-3 Senate Language UEH2294-1

132.1 ARTICLE 6132.2 MISCELLANEOUS

107.20 ARTICLE 5107.21 MISCELLANEOUS

107.22 Section 1. Minnesota Statutes 2010, section 43A.316, subdivision 5, is amended to107.23 read:

107.24 Subd. 5. Public employee participation. (a) Participation in the program is subject107.25 to the conditions in this subdivision.

107.26 (b) Each exclusive representative for an eligible employer determines whether the107.27 employees it represents will participate in the program. The exclusive representative shall107.28 give the employer notice of intent to participate at least 30 days before the expiration date107.29 of the collective bargaining agreement preceding the collective bargaining agreement that107.30 covers the date of entry into the program. The exclusive representative and the eligible107.31 employer shall give notice to the commissioner of the determination to participate in the107.32 program at least 30 days before entry into the program. Entry into the program is governed107.33 by a schedule established by the commissioner. Employees of an eligible employer that is108.1 not participating in the program as of the date of enactment shall not be allowed to enter108.2 the program until January 1, 2015, except that a city that has received a formal written bid108.3 from the program as of the date of enactment shall be allowed to enter the program based108.4 on the bid if the city so chooses.

108.5 (c) Employees not represented by exclusive representatives may become members of108.6 the program upon a determination of an eligible employer to include these employees in the108.7 program. Either all or none of the employer's unrepresented employees must participate.108.8 The eligible employer shall give at least 30 days' notice to the commissioner before108.9 entering the program. Entry into the program is governed by a schedule established by the108.10 commissioner. Employees of an eligible employer that is not participating in the program108.11 as of the date of enactment shall not be allowed to enter the program until January 1, 2015,108.12 except that a city that has received a formal written bid from the program as of the date of108.13 enactment shall be allowed to enter the program based on the bid if the city so chooses.

108.14 (d) Participation in the program is for a two-year term. Participation is automatically108.15 renewed for an additional two-year term unless the exclusive representative, or the108.16 employer for unrepresented employees, gives the commissioner notice of withdrawal108.17 at least 30 days before expiration of the participation period. A group that withdraws108.18 must wait two years before rejoining. An exclusive representative, or employer for108.19 unrepresented employees, may also withdraw if premiums increase 50 percent or more108.20 from one insurance year to the next.

108.21 (e) The exclusive representative shall give the employer notice of intent to withdraw108.22 to the commissioner at least 30 days before the expiration date of a collective bargaining108.23 agreement that includes the date on which the term of participation expires.

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108.24 (f) Each participating eligible employer shall notify the commissioner of names of108.25 individuals who will be participating within two weeks of the commissioner receiving108.26 notice of the parties' intent to participate. The employer shall also submit other information108.27 as required by the commissioner for administration of the program.

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

108.29 Sec. 2. Minnesota Statutes 2010, section 62A.047, is amended to read:108.30 62A.047 CHILDREN'S HEALTH SUPERVISION SERVICES AND108.31 PRENATAL CARE SERVICES.

108.32 A policy of individual or group health and accident insurance regulated under this108.33 chapter, or individual or group subscriber contract regulated under chapter 62C, health108.34 maintenance contract regulated under chapter 62D, or health benefit certificate regulated109.1 under chapter 64B, issued, renewed, or continued to provide coverage to a Minnesota109.2 resident, must provide coverage for child health supervision services and prenatal care109.3 services. The policy, contract, or certificate must specifically exempt reasonable and109.4 customary charges for child health supervision services and prenatal care services from a109.5 deductible, co-payment, or other coinsurance or dollar limitation requirement. Nothing109.6 in this section prohibits a health plan company that has a network of providers from109.7 imposing a deductible, co-payment, or other coinsurance or dollar limitation requirement109.8 for child health supervision services and prenatal care services that are delivered by an109.9 out-of-network provider. This section does not prohibit the use of policy waiting periods109.10 or preexisting condition limitations for these services. Minimum benefits may be limited109.11 to one visit payable to one provider for all of the services provided at each visit cited in109.12 this section subject to the schedule set forth in this section. N–o–t–h–i–n–g–––i–n–––t–h–i–s–––s–e–c–t–i–o–n–––a–p–p–l–i–e–s–109.13 t–o–––a–––c–o–m–m–e–r–c–i–a–l–––h–e–a–l–t–h–––i–n–s–u–r–a–n–c–e–––p–o–l–i–c–y–––i–s–s–u–e–d–––a–s–––a–––c–o–m–p–a–n–i–o–n–––t–o–––a–––h–e–a–l–t–h–––m–a–i–n–t–e–n–a–n–c–e–109.14 o–r–g–a–n–i–z–a–t–i–o–n–––c–o–n–t–r–a–c–t–,–––a–––p–o–l–i–c–y–––d–e–s–i–g–n–e–d–––p–r–i–m–a–r–i–l–y–––t–o–––p–r–o–v–i–d–e–––c–o–v–e–r–a–g–e–––p–a–y–a–b–l–e–––o–n–––a–––p–e–r–109.15 d–i–e–m– ,–––fi–x–e–d–––i–n–d–e–m–n–i–t–y–,–––o–r–––n–o–n–e–x–p–e–n–s–e–––i–n–c–u–r–r–e–d–––b–a–s–i–s–,–––o–r–––a–––p–o–l–i–c–y–––t–h–a–t–––p–r–o–v–i–d–e–s–––o–n–l–y–109.16 a–c–c–i–d–e–n–t–––c–o–v–e–r–a–g–e– Nothing in this section applies to a policy designed primarily to provide109.17 coverage payable on a per diem, fixed indemnity, or non-expense-incurred basis, or a109.18 policy that provides only accident coverage. Nothing in this section prevents a health109.19 plan company from using reasonable medical management techniques to determine the109.20 frequency, method, treatment, or setting for child health supervision services and prenatal109.21 care services.

109.22 "Child health supervision services" means pediatric preventive services, appropriate109.23 immunizations, developmental assessments, and laboratory services appropriate to the age109.24 of a child from birth to age six, and appropriate immunizations from ages six to 18, as109.25 defined by Standards of Child Health Care issued by the American Academy of Pediatrics.109.26 Reimbursement must be made for at least five child health supervision visits from birth109.27 to 12 months, three child health supervision visits from 12 months to 24 months, once a109.28 year from 24 months to 72 months.




109.29 "Prenatal care services" means the comprehensive package of medical and109.30 psychosocial support provided throughout the pregnancy, including risk assessment,109.31 serial surveillance, prenatal education, and use of specialized skills and technology,109.32 when needed, as defined by Standards for Obstetric-Gynecologic Services issued by the109.33 American College of Obstetricians and Gynecologists.

109.34 EFFECTIVE DATE. This section is effective August 1, 2012.

109.35 Sec. 3. Minnesota Statutes 2010, section 62A.21, subdivision 2a, is amended to read:

110.1 Subd. 2a. Continuation privilege. Every policy described in subdivision 1 shall110.2 contain a provision which permits continuation of coverage under the policy for the110.3 insured's former spouse and dependent children upon entry of a valid decree of dissolution110.4 of marriage. The coverage shall be continued until the earlier of the following dates:

110.5 (a) the date the insured's former spouse becomes covered under any other group110.6 health plan; or

110.7 (b) the date coverage would otherwise terminate under the policy.

110.8 If the coverage is provided under a group policy, any required premium contributions110.9 for the coverage shall be paid by the insured on a monthly basis to the group policyholder110.10 for remittance to the insurer. The policy must require the group policyholder to, upon110.11 request, provide the insured with written verification from the insurer of the cost of this110.12 coverage promptly at the time of eligibility for this coverage and at any time during110.13 the continuation period. I–n–––n–o–––e–v–e–n–t–––s–h–a–l–l–––t–h–e–––a–m–o–u–n–t–––o–f–––p–r–e–m– i–u–m–––c–h–a–r–g–e–d–––e–x–c–e–e–d–––1–0–2–110.14 p–e–r–c–e–n–t–––o–f–––t–h–e–––c–o–s–t–––t–o–––t–h–e–––p–l–a–n–––f–o–r–––s–u–c–h–––p–e–r–i–o–d–––o–f–––c–o–v–e–r–a–g–e–––f–o–r–––o–t–h–e–r–––s–i–m– i–l–a–r–l–y–––s–i–t–u–a–t–e–d–110.15 s–p–o–u–s–e–s–––a–n–d–––d–e–p–e–n–d–e–n–t–––c–h–i–l–d–r–e–n–––w–i–t–h–––r–e–s–p–e–c–t–––t–o–––w–h–o–m–––t–h–e–––m–a–r–i–t–a–l–––r–e–l–a–t–i–o–n–s–h–i–p–––h–a–s–––n–o–t–110.16 d–i–s–s–o–l–v–e–d–,–––w–i–t–h–o–u–t–––r–e–g–a–r–d–––t–o–––w–h–e–t–h–e–r–––s–u–c–h–––c–o–s–t–––i–s–––p–a–i–d–––b–y–––t–h–e–––e–m–p–l–o–y–e–r–––o–r–––e–m–p–l–o–y–e–e– The110.17 required premium amount for continuation of the coverage shall be calculated in the same110.18 manner as provided under section 4980B of the Internal Revenue Code, its implementing110.19 regulations and Internal Revenue Service rulings on section 4980B.

110.20 Upon request by the insured's former spouse or dependent child, a health carrier110.21 must provide the instructions necessary to enable the child or former spouse to elect110.22 continuation of coverage.


110.24 Sec. 4. Minnesota Statutes 2010, section 62D.101, subdivision 2a, is amended to read:




110.25 Subd. 2a. Continuation privilege. Every health maintenance contract as described110.26 in subdivision 1 shall contain a provision which permits continuation of coverage under110.27 the contract for the enrollee's former spouse and children upon entry of a valid decree of110.28 dissolution of marriage. The coverage shall be continued until the earlier of the following110.29 dates:

110.30 (a) the date the enrollee's former spouse becomes covered under another group110.31 plan or Medicare; or

110.32 (b) the date coverage would otherwise terminate under the health maintenance110.33 contract.

110.34 If coverage is provided under a group policy, any required premium contributions110.35 for the coverage shall be paid by the enrollee on a monthly basis to the group contract111.1 holder to be paid to the health maintenance organization. The contract must require the111.2 group contract holder to, upon request, provide the enrollee with written verification from111.3 the insurer of the cost of this coverage promptly at the time of eligibility for this coverage111.4 and at any time during the continuation period. I–n–––n–o–––e–v–e–n–t–––s–h–a–l–l–––t–h–e–––f–e–e–––c–h–a–r–g–e–d–––e–x–c–e–e–d–111.5 1–0–2–––p–e–r–c–e–n–t–––o–f–––t–h–e–––c–o–s–t–––t–o–––t–h–e–––p–l–a–n–––f–o–r–––t–h–e–––p–e–r–i–o–d–––o–f–––c–o–v–e–r–a–g–e–––f–o–r–––o–t–h–e–r–––s–i–m– i–l–a–r–l–y–––s–i–t–u–a–t–e–d–111.6 s–p–o–u–s–e–s–––a–n–d–––d–e–p–e–n–d–e–n–t–––c–h–i–l–d–r–e–n–––w–h–e–n–––t–h–e–––m–a–r–i–t–a–l–––r–e–l–a–t–i–o–n–s–h–i–p–––h–a–s–––n–o–t–––d–i–s–s–o–l–v–e–d–,–––r–e–g–a–r–d–l–e–s–s–111.7 o–f–––w–h–e–t–h–e–r–––t–h–e–––c–o–s–t–––i–s–––p–a–i–d–––b–y–––t–h–e–––e–m–p–l–o–y–e–r–––o–r–––e–m–p–l–o–y–e–e– The required premium amount111.8 for continuation of the coverage shall be calculated in the same manner as provided under111.9 section 4980B in the Internal Revenue Code, its implementing regulations and Internal111.10 Revenue Service rulings on section 4980B.


111.12 Sec. 5. Minnesota Statutes 2010, section 62J.26, subdivision 3, is amended to read:

111.13 Subd. 3. Requests for evaluation. (a) Whenever a legislative measure containing111.14 a mandated health benefit proposal is introduced as a bill or offered as an amendment111.15 to a bill, o–r–––i–s–––l–i–k–e–l–y–––t–o–––b–e–––i–n–t–r–o–d–u–c–e–d–––a–s–––a–––b–i–l–l–––o–r–––o–f–f–e–r–e–d–––a–s–––a–n–––a–m–e–n–d–m–e–n–t–,–––a– the chair111.16 of a–n–y–––s–t–a–n–d–i–n–g– the legislative committee that has jurisdiction over the subject matter111.17 of the proposal m–a–y– must request that the commissioner complete an evaluation of the111.18 proposal under this section,–––t–o–––i–n–f–o–r–m–––a–n–y–––c–o–m–m– i–t–t–e–e–––o–f–––fl–o–o–r–––a–c–t–i–o–n–––b–y–––e–i–t–h–e–r–––h–o–u–s–e–––o–f–111.19 t–h–e–––l–e–g–i–s–l–a–t–u–r–e–.

111.20 (b) The commissioner must conduct an evaluation described in subdivision 2 of each111.21 mandated health benefit proposal f–o–r–––w–h–i–c–h–––a–n–––e–v–a–l–u–a–t–i–o–n–––i–s–––r–e–q–u–e–s–t–e–d–––u–n–d–e–r–––p–a–r–a–g–r–a–p–h–––(–a–)–,–111.22 u–n–l–e–s–s–––t–h–e–––c–o–m–m– i–s–s–i–o–n–e–r–––d–e–t–e–r–m– i–n–e–s–––u–n–d–e–r–––p–a–r–a–g–r–a–p–h–––(–c–)–––o–r–––s–u–b–d–i–v–i–s–i–o–n–––4–––t–h–a–t–––p–r–i–o–r–i–t–i–e–s–111.23 a–n–d–––r–e–s–o–u–r–c–e–s–––d–o–––n–o–t–––p–e–r–m– i–t–––i–t–s–––e–v–a–l–u–a–t–i–o–n– introduced as a bill or offered as an amendment111.24 to a bill as requested under paragraph (a).




111.25 (–c–)–––I–f–––r–e–q–u–e–s–t–s–––f–o–r–––e–v–a–l–u–a–t–i–o–n–––o–f–––m–u–l–t–i–p–l–e–––p–r–o–p–o–s–a–l–s–––a–r–e–––r–e–c–e–i–v–e–d–,–––t–h–e–––c–o–m–m– i–s–s–i–o–n–e–r–111.26 m–u–s–t–––c–o–n–s–u–l–t–––w–i–t–h–––t–h–e–––c–h–a–i–r–s–––o–f–––t–h–e–––s–t–a–n–d–i–n–g–––l–e–g–i–s–l–a–t–i–v–e–––c–o–m–m– i–t–t–e–e–s–––h–a–v–i–n–g–––j–u–r–i–s–d–i–c–t–i–o–n–111.27 o–v–e–r–––t–h–e–––s–u–b–j–e–c–t–––m–a–t–t–e–r–––o–f–––t–h–e–––m–a–n–d–a–t–e–d–––h–e–a–l–t–h–––b–e–n–e–fi–t–––p–r–o–p–o–s–a–l–s–––t–o–––p–r–i–o–r–i–t–i–z–e–––t–h–e–––r–e–q–u–e–s–t–s–111.28 a–n–d–––e–s–t–a–b–l–i–s–h–––a–––r–e–p–o–r–t–i–n–g–––d–a–t–e–––f–o–r–––e–a–c–h–––p–r–o–p–o–s–a–l–––t–o–––b–e–––e–v–a–l–u–a–t–e–d–.–––T–h–e–––c–o–m–m– i–s–s–i–o–n–e–r–111.29 i–s–––n–o–t–––r–e–q–u–i–r–e–d–––t–o–––d–i–r–e–c–t–––a–n–––u–n–r–e–a–s–o–n–a–b–l–e–––q–u–a–n–t–i–t–y–––o–f–––t–h–e–––c–o–m–m– i–s–s–i–o–n–e–r–'–s–––r–e–s–o–u–r–c–e–s–––t–o–111.30 t–h–e–s–e–––e–v–a–l–u–a–t–i–o–n–s–.–

111.31 Sec. 6. Minnesota Statutes 2010, section 62J.26, subdivision 5, is amended to read:

111.32 Subd. 5. Report to legislature. The commissioner must submit a written report on111.33 the evaluation to the legislature no later than 1–8–0– 30 days after the request. The report111.34 must be submitted in compliance with sections 3.195 and 3.197.

112.1 Sec. 7. Minnesota Statutes 2010, section 62J.26, is amended by adding a subdivision to112.2 read:

112.3 S_u_b_d_.___6_._ Evaluation of mandated health benefits. (a) The commissioner of112.4 commerce, in consultation with the commissioners of health and management and budget,112.5 shall evaluate each mandated health benefit currently required in Minnesota Statutes or112.6 Rules in accordance with the evaluation process described in subdivision 2.

112.7 (b) For purposes of this subdivision, a "mandated health benefit" means a statutory112.8 or administrative requirement that a health plan do the following:

112.9 (1) provide coverage or increase the amount of coverage for the treatment of a112.10 particular disease, condition, or other health care need;

112.11 (2) provide coverage or increase the amount of coverage of a particular type of112.12 health care treatment or service, or of equipment, supplies, or drugs used in connection112.13 with a health care treatment or service; or

112.14 (3) provide coverage for care delivered by a specific type of provider.

112.15 (c) The commissioner must submit a written report on the evaluation of existing state112.16 mandated health benefits to the legislature by December 31, 2015.

112.17 EFFECTIVE DATE. This section is effective July 1, 2013.

112.18 Sec. 8. [62Q.026] CERTAIN FEDERALLY NONQUALIFIED HEALTH PLANS;112.19 SALE PERMITTED.

112.20 S_u_b_d_i_v_i_s_i_o_n___1_._ Definitions. (a) For purposes of this section, the terms defined112.21 in this section have the meanings given.

112.22 (b) "Commissioner" means the commissioner of commerce.

112.23 (c) "Health plan" has the meaning given in section 62Q.01, subdivision 3.




112.24 (d) "Health plan company" has the meaning given in section 62Q.01, subdivision 4.

112.25 (e) "Nonqualified health plan" means any health plan not certified by the federal112.26 Secretary of Health and Human Services in accordance with the Patient Protection and112.27 Affordable Care Act of 2010, as amended.

112.28 (f) "Qualified health plan" means a health plan certified by the federal Secretary of112.29 Health and Human Services for eligibility to be sold inside health benefit exchanges in112.30 accordance with the Patient Protection and Affordable Care Act of 2010, as amended.

112.31 S_u_b_d_.___2_._ Sale of nonqualified health plan permitted. A health plan company112.32 authorized under Minnesota law to offer, issue, sell, or renew a health plan in Minnesota112.33 may do so regardless of whether the health plan is a qualified or nonqualified health plan112.34 under the federal Patient Protection and Affordable Care Act of 2010, as amended. No112.35 statute or rule of this state shall be interpreted as providing to the contrary.

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

113.2 Sec. 9. [148.2855] NURSE LICENSURE COMPACT.

113.3 The Nurse Licensure Compact is enacted into law and entered into with all other113.4 jurisdictions legally joining in it, in the form substantially as follows:

113.5 ARTICLE 1

113.6 DEFINITIONS

113.7 As used in this compact:

113.8 (a) "Adverse action" means a home or remote state action.

113.9 (b) "Alternative program" means a voluntary, nondisciplinary monitoring program113.10 approved by a nurse licensing board.

113.11 (c) "Coordinated licensure information system" means an integrated process for113.12 collecting, storing, and sharing information on nurse licensure and enforcement activities113.13 related to nurse licensure laws, which is administered by a nonprofit organization113.14 composed of and controlled by state nurse licensing boards.

113.15 (d) "Current significant investigative information" means:

113.16 (1) investigative information that a licensing board, after a preliminary inquiry that113.17 includes notification and an opportunity for the nurse to respond if required by state law,113.18 has reason to believe is not groundless and, if proved true, would indicate more than a113.19 minor infraction; or




113.20 (2) investigative information that indicates that the nurse represents an immediate113.21 threat to public health and safety regardless of whether the nurse has been notified and113.22 had an opportunity to respond.

113.23 (e) "Home state" means the party state which is the nurse's primary state of residence.

113.24 (f) "Home state action" means any administrative, civil, equitable, or criminal113.25 action permitted by the home state's laws which are imposed on a nurse by the home113.26 state's licensing board or other authority including actions against an individual's license113.27 such as revocation, suspension, probation, or any other action which affects a nurse's113.28 authorization to practice.

113.29 (g) "Licensing board" means a party state's regulatory body responsible for issuing113.30 nurse licenses.

113.31 (h) "Multistate licensure privilege" means current, official authority from a113.32 remote state permitting the practice of nursing as either a registered nurse or a licensed113.33 practical/vocational nurse in the party state. All party states have the authority, according113.34 to existing state due process law, to take actions against the nurse's privilege such as114.1 revocation, suspension, probation, or any other action which affects a nurse's authorization114.2 to practice.

114.3 (i) "Nurse" means a registered nurse or licensed practical/vocational nurse as those114.4 terms are defined by each party state's practice laws.

114.5 (j) "Party state" means any state that has adopted this compact.

114.6 (k) "Remote state" means a party state other than the home state:

114.7 (1) where the patient is located at the time nursing care is provided; or

114.8 (2) in the case of the practice of nursing not involving a patient, in the party state114.9 where the recipient of nursing practice is located.

114.10 (l) "Remote state action" means:

114.11 (1) any administrative, civil, equitable, or criminal action permitted by a remote114.12 state's laws which are imposed on a nurse by the remote state's licensing board or other114.13 authority including actions against an individual's multistate licensure privilege to practice114.14 in the remote state; and

114.15 (2) cease and desist and other injunctive or equitable orders issued by remote states114.16 or the licensing boards of those states.

114.17 (m) "State" means a state, territory, or possession of the United States, the District of114.18 Columbia, or the Commonwealth of Puerto Rico.




114.19 (n) "State practice laws" means individual party state laws and regulations that114.20 govern the practice of nursing, define the scope of nursing practice, and create the114.21 methods and grounds for imposing discipline. State practice laws does not include the114.22 initial qualifications for licensure or requirements necessary to obtain and retain a license,114.23 except for qualifications or requirements of the home state.

114.24 ARTICLE 2

114.25 GENERAL PROVISIONS AND JURISDICTION

114.26 (a) A license to practice registered nursing issued by a home state to a resident in114.27 that state will be recognized by each party state as authorizing a multistate licensure114.28 privilege to practice as a registered nurse in the party state. A license to practice licensed114.29 practical/vocational nursing issued by a home state to a resident in that state will be114.30 recognized by each party state as authorizing a multistate licensure privilege to practice114.31 as a licensed practical/vocational nurse in the party state. In order to obtain or retain a114.32 license, an applicant must meet the home state's qualifications for licensure and license114.33 renewal as well as all other applicable state laws.

114.34 (b) Party states may, according to state due process laws, limit or revoke the114.35 multistate licensure privilege of any nurse to practice in their state and may take any other114.36 actions under their applicable state laws necessary to protect the health and safety of115.1 their citizens. If a party state takes such action, it shall promptly notify the administrator115.2 of the coordinated licensure information system. The administrator of the coordinated115.3 licensure information system shall promptly notify the home state of any such actions by115.4 remote states.

115.5 (c) Every nurse practicing in a party state must comply with the state practice laws of115.6 the state in which the patient is located at the time care is rendered. In addition, the practice115.7 of nursing is not limited to patient care, but shall include all nursing practice as defined by115.8 the state practice laws of the party state. The practice of nursing will subject a nurse to the115.9 jurisdiction of the nurse licensing board, the courts, and the laws in the party state.

115.10 (d) This compact does not affect additional requirements imposed by states for115.11 advanced practice registered nursing. However, a multistate licensure privilege to practice115.12 registered nursing granted by a party state shall be recognized by other party states as a115.13 license to practice registered nursing if one is required by state law as a precondition for115.14 qualifying for advanced practice registered nurse authorization.

115.15 (e) Individuals not residing in a party state shall continue to be able to apply for115.16 nurse licensure as provided for under the laws of each party state. However, the license115.17 granted to these individuals will not be recognized as granting the privilege to practice115.18 nursing in any other party state unless explicitly agreed to by that party state.

115.19 ARTICLE 3

115.20 APPLICATIONS FOR LICENSURE IN A PARTY STATE




115.21 (a) Upon application for a license, the licensing board in a party state shall ascertain,115.22 through the coordinated licensure information system, whether the applicant has ever held115.23 or is the holder of a license issued by any other state, whether there are any restrictions115.24 on the multistate licensure privilege, and whether any other adverse action by a state115.25 has been taken against the license.

115.26 (b) A nurse in a party state shall hold licensure in only one party state at a time,115.27 issued by the home state.

115.28 (c) A nurse who intends to change primary state of residence may apply for licensure115.29 in the new home state in advance of the change. However, new licenses will not be115.30 issued by a party state until after a nurse provides evidence of change in primary state of115.31 residence satisfactory to the new home state's licensing board.

115.32 (d) When a nurse changes primary state of residence by:

115.33 (1) moving between two party states, and obtains a license from the new home state,115.34 the license from the former home state is no longer valid;

116.1 (2) moving from a nonparty state to a party state, and obtains a license from the new116.2 home state, the individual state license issued by the nonparty state is not affected and will116.3 remain in full force if so provided by the laws of the nonparty state; or

116.4 (3) moving from a party state to a nonparty state, the license issued by the prior116.5 home state converts to an individual state license, valid only in the former home state,116.6 without the multistate licensure privilege to practice in other party states.

116.7 ARTICLE 4

116.8 ADVERSE ACTIONS

116.9 In addition to the general provisions described in article 2, the provisions in this116.10 article apply.

116.11 (a) The licensing board of a remote state shall promptly report to the administrator116.12 of the coordinated licensure information system any remote state actions including the116.13 factual and legal basis for the action, if known. The licensing board of a remote state shall116.14 also promptly report any significant current investigative information yet to result in a116.15 remote state action. The administrator of the coordinated licensure information system116.16 shall promptly notify the home state of any reports.

116.17 (b) The licensing board of a party state shall have the authority to complete any116.18 pending investigation for a nurse who changes primary state of residence during the116.19 course of the investigation. The board shall also have the authority to take appropriate116.20 action, and shall promptly report the conclusion of the investigation to the administrator116.21 of the coordinated licensure information system. The administrator of the coordinated116.22 licensure information system shall promptly notify the new home state of any action.




116.23 (c) A remote state may take adverse action affecting the multistate licensure116.24 privilege to practice within that party state. However, only the home state shall have the116.25 power to impose adverse action against the license issued by the home state.

116.26 (d) For purposes of imposing adverse actions, the licensing board of the home state116.27 shall give the same priority and effect to reported conduct received from a remote state as116.28 it would if the conduct had occurred within the home state. In so doing, it shall apply its116.29 own state laws to determine appropriate action.

116.30 (e) The home state may take adverse action based on the factual findings of the116.31 remote state, provided each state follows its own procedures for imposing the adverse116.32 action.

116.33 (f) Nothing in this compact shall override a party state's decision that participation116.34 in an alternative program may be used in lieu of licensure action and that participation116.35 shall remain nonpublic if required by the party state's laws.

117.1 Party states must require nurses who enter any alternative programs to agree not to117.2 practice in any other party state during the term of the alternative program without prior117.3 authorization from the other party state.

117.4 ARTICLE 5

117.5 ADDITIONAL AUTHORITIES INVESTED IN

117.6 PARTY STATE NURSE LICENSING BOARDS

117.7 Notwithstanding any other laws, party state nurse licensing boards shall have the117.8 authority to:

117.9 (1) if otherwise permitted by state law, recover from the affected nurse the costs of117.10 investigation and disposition of cases resulting from any adverse action taken against117.11 that nurse;

117.12 (2) issue subpoenas for both hearings and investigations which require the attendance117.13 and testimony of witnesses, and the production of evidence. Subpoenas issued by a nurse117.14 licensing board in a party state for the attendance and testimony of witnesses, and the117.15 production of evidence from another party state, shall be enforced in the latter state by117.16 any court of competent jurisdiction according to the practice and procedure of that court117.17 applicable to subpoenas issued in proceedings pending before it. The issuing authority117.18 shall pay any witness fees, travel expenses, mileage, and other fees required by the service117.19 statutes of the state where the witnesses and evidence are located;

117.20 (3) issue cease and desist orders to limit or revoke a nurse's authority to practice117.21 in the nurse's state; and

117.22 (4) adopt uniform rules and regulations as provided for in article 7, paragraph (c).

117.23 ARTICLE 6




117.24 COORDINATED LICENSURE INFORMATION SYSTEM

117.25 (a) All party states shall participate in a cooperative effort to create a coordinated117.26 database of all licensed registered nurses and licensed practical/vocational nurses. This117.27 system shall include information on the licensure and disciplinary history of each117.28 nurse, as contributed by party states, to assist in the coordination of nurse licensure and117.29 enforcement efforts.

117.30 (b) Notwithstanding any other provision of law, all party states' licensing boards shall117.31 promptly report adverse actions, actions against multistate licensure privileges, any current117.32 significant investigative information yet to result in adverse action, denials of applications,117.33 and the reasons for the denials to the coordinated licensure information system.

117.34 (c) Current significant investigative information shall be transmitted through the117.35 coordinated licensure information system only to party state licensing boards.

118.1 (d) Notwithstanding any other provision of law, all party states' licensing boards118.2 contributing information to the coordinated licensure information system may designate118.3 information that may not be shared with nonparty states or disclosed to other entities or118.4 individuals without the express permission of the contributing state.

118.5 (e) Any personally identifiable information obtained by a party state's licensing118.6 board from the coordinated licensure information system may not be shared with nonparty118.7 states or disclosed to other entities or individuals except to the extent permitted by the118.8 laws of the party state contributing the information.

118.9 (f) Any information contributed to the coordinated licensure information system that118.10 is subsequently required to be expunged by the laws of the party state contributing that118.11 information shall also be expunged from the coordinated licensure information system.

118.12 (g) The compact administrators, acting jointly with each other and in consultation118.13 with the administrator of the coordinated licensure information system, shall formulate118.14 necessary and proper procedures for the identification, collection, and exchange of118.15 information under this compact.

118.16 ARTICLE 7

118.17 COMPACT ADMINISTRATION AND

118.18 INTERCHANGE OF INFORMATION

118.19 (a) The head or designee of the nurse licensing board of each party state shall be the118.20 administrator of this compact for that state.




118.21 (b) The compact administrator of each party state shall furnish to the compact118.22 administrator of each other party state any information and documents including, but not118.23 limited to, a uniform data set of investigations, identifying information, licensure data, and118.24 disclosable alternative program participation information to facilitate the administration of118.25 this compact.

118.26 (c) Compact administrators shall have the authority to develop uniform rules to118.27 facilitate and coordinate implementation of this compact. These uniform rules shall be118.28 adopted by party states under the authority in article 5, clause (4).

118.29 ARTICLE 8

118.30 IMMUNITY

118.31 A party state or the officers, employees, or agents of a party state's nurse licensing118.32 board who acts in good faith according to the provisions of this compact shall not be118.33 liable for any act or omission while engaged in the performance of their duties under118.34 this compact. Good faith shall not include willful misconduct, gross negligence, or118.35 recklessness.

118.36 ARTICLE 9

119.1 ENACTMENT, WITHDRAWAL, AND AMENDMENT

119.2 (a) This compact shall become effective for each state when it has been enacted by119.3 that state. Any party state may withdraw from this compact by repealing the nurse licensure119.4 compact, but no withdrawal shall take effect until six months after the withdrawing state119.5 has given notice of the withdrawal to the executive heads of all other party states.

119.6 (b) No withdrawal shall affect the validity or applicability by the licensing boards119.7 of states remaining party to the compact of any report of adverse action occurring prior119.8 to the withdrawal.

119.9 (c) Nothing contained in this compact shall be construed to invalidate or prevent any119.10 nurse licensure agreement or other cooperative arrangement between a party state and a119.11 nonparty state that is made according to the other provisions of this compact.

119.12 (d) This compact may be amended by the party states. No amendment to this119.13 compact shall become effective and binding upon the party states until it is enacted into119.14 the laws of all party states.

119.15 ARTICLE 10

119.16 CONSTRUCTION AND SEVERABILITY




119.17 (a) This compact shall be liberally construed to effectuate the purposes of the119.18 compact. The provisions of this compact shall be severable and if any phrase, clause,119.19 sentence, or provision of this compact is declared to be contrary to the constitution of any119.20 party state or of the United States or the applicability thereof to any government, agency,119.21 person, or circumstance is held invalid, the validity of the remainder of this compact and119.22 the applicability of it to any government, agency, person, or circumstance shall not be119.23 affected by it. If this compact is held contrary to the constitution of any party state, the119.24 compact shall remain in full force and effect for the remaining party states and in full force119.25 and effect for the party state affected as to all severable matters.

119.26 (b) In the event party states find a need for settling disputes arising under this119.27 compact:

119.28 (1) the party states may submit the issues in dispute to an arbitration panel which119.29 shall be comprised of an individual appointed by the compact administrator in the home119.30 state, an individual appointed by the compact administrator in the remote states involved,119.31 and an individual mutually agreed upon by the compact administrators of the party states119.32 involved in the dispute; and

119.33 (2) the decision of a majority of the arbitrators shall be final and binding.

119.34 EFFECTIVE DATE. This section is effective upon implementation of the119.35 coordinated licensure information system defined in section 148.2855, but no sooner119.36 than July 1, 2013.

120.1 Sec. 10. [148.2856] APPLICATION OF NURSE LICENSURE COMPACT TO120.2 EXISTING LAWS.

120.3 (a) A nurse practicing professional or practical nursing in Minnesota under the120.4 authority of section 148.2855 shall have the same obligations, privileges, and rights as if120.5 the nurse was licensed in Minnesota. Notwithstanding any contrary provisions in section120.6 148.2855, the Board of Nursing shall comply with and follow all laws and rules with120.7 respect to registered and licensed practical nurses practicing professional or practical120.8 nursing in Minnesota under the authority of section 148.2855, and all such individuals120.9 shall be governed and regulated as if they were licensed by the board.

120.10 (b) Section 148.2855 does not relieve employers of nurses from complying with120.11 statutorily imposed obligations.

120.12 (c) Section 148.2855 does not supersede existing state labor laws.

120.13 (d) For purposes of the Minnesota Government Data Practices Act, chapter 13,120.14 an individual not licensed as a nurse under sections 148.171 to 148.285 who practices120.15 professional or practical nursing in Minnesota under the authority of section 148.2855 is120.16 considered to be a licensee of the board.




120.17 (e) Uniform rules developed by the compact administrators shall not be subject120.18 to the provisions of sections 14.05 to 14.389, except for sections 14.07, 14.08, 14.101,120.19 14.131, 14.18, 14.22, 14.23, 14.27, 14.28, 14.365, 14.366, 14.37, and 14.38.

120.20 (f) Proceedings brought against an individual's multistate privilege shall be120.21 adjudicated following the procedures listed in sections 14.50 to 14.62 and shall be subject120.22 to judicial review as provided for in sections 14.63 to 14.69.

120.23 (g) For purposes of sections 62M.09, subdivision 2; 121A.22, subdivision 4;120.24 144.051; 144.052; 145A.02, subdivision 18; 148.975; 151.37; 152.12; 154.04; 256B.0917,120.25 subdivision 8; 595.02, subdivision 1, paragraph (g); 604.20, subdivision 5; and 631.40,120.26 subdivision 2; and chapters 319B and 364, holders of a multistate privilege who are120.27 licensed as registered or licensed practical nurses in the home state shall be considered120.28 to be licensees in Minnesota. If any of the statutes listed in this paragraph are limited to120.29 registered nurses or the practice of professional nursing, then only holders of a multistate120.30 privilege who are licensed as registered nurses in the home state shall be considered120.31 licensees.

120.32 (h) The reporting requirements of sections 144.4175, 148.263, 626.52, and 626.557120.33 apply to individuals not licensed as registered or licensed practical nurses under sections120.34 148.171 to 148.285 who practice professional or practical nursing in Minnesota under120.35 the authority of section 148.2855.

121.1 (i) The board may take action against an individual's multistate privilege based on121.2 the grounds listed in section 148.261, subdivision 1, and any other statute authorizing or121.3 requiring the board to take corrective or disciplinary action.

121.4 (j) The board may take all forms of disciplinary action provided for in section121.5 148.262, subdivision 1, and corrective action provided for in section 214.103, subdivision121.6 6, against an individual's multistate privilege.

121.7 (k) The immunity provisions of section 148.264, subdivision 1, apply to individuals121.8 who practice professional or practical nursing in Minnesota under the authority of section121.9 148.2855.

121.10 (l) The cooperation requirements of section 148.265 apply to individuals who121.11 practice professional or practical nursing in Minnesota under the authority of section121.12 148.2855.

121.13 (m) The provisions of section 148.283 shall not apply to individuals who practice121.14 professional or practical nursing in Minnesota under the authority of section 148.2855.

121.15 (n) Complaints against individuals who practice professional or practical nursing121.16 in Minnesota under the authority of section 148.2855 shall be handled as provided in121.17 sections 214.10 and 214.103.

121.18 (o) All provisions of section 148.2855 authorizing or requiring the board to provide121.19 data to party states are authorized by section 214.10, subdivision 8, paragraph (d).




121.20 (p) Except as provided in section 13.41, subdivision 6, the board shall not report to a121.21 remote state any active investigative data regarding a complaint investigation against a121.22 nurse licensed under sections 148.171 to 148.285, unless the board obtains reasonable121.23 assurances from the remote state that the data will be maintained with the same protections121.24 as provided in Minnesota law.

121.25 (q) The provisions of sections 214.17 to 214.25 apply to individuals who practice121.26 professional or practical nursing in Minnesota under the authority of section 148.2855121.27 when the practice involves direct physical contact between the nurse and a patient.

121.28 (r) A nurse practicing professional or practical nursing in Minnesota under the121.29 authority of section 148.2855 must comply with any criminal background check required121.30 under Minnesota law.


121.34 Sec. 11. [148.2857] WITHDRAWAL FROM COMPACT.

122.1 The governor may withdraw the state from the compact in section 148.2855 if122.2 the Board of Nursing notifies the governor that a party state to the compact changed122.3 the party state's requirements for nurse licensure after July 1, 2012, and that the party122.4 state's requirements, as changed, are substantially lower than the requirements for nurse122.5 licensure in this state.


122.9 Sec. 12. [148.2858] MISCELLANEOUS PROVISIONS.

122.10 (a) For the purposes of section 148.2855, "head of the Nurse Licensing Board"122.11 means the executive director of the board.

122.12 (b) The Board of Nursing shall have the authority to recover from a nurse practicing122.13 professional or practical nursing in Minnesota under the authority of section 148.2855122.14 the costs of investigation and disposition of cases resulting from any adverse action122.15 taken against the nurse.

122.16 (c) The board may implement a system of identifying individuals who practice122.17 professional or practical nursing in Minnesota under the authority of section 148.2855.





122.21 Sec. 13. [148.2859] NURSE LICENSURE COMPACT ADVISORY122.22 COMMITTEE.

122.23 S_u_b_d_i_v_i_s_i_o_n___1_._ Establishment; membership. A Nurse Licensure Compact Advisory122.24 Committee is established to advise the compact administrator in the implementation of122.25 section 148.2855. Members of the advisory committee shall be appointed by the board122.26 and shall be composed of representatives of Minnesota nursing organizations, Minnesota122.27 licensed nurses who practice in nursing facilities or hospitals, Minnesota licensed nurses122.28 who provide home care, Minnesota licensed advanced practice registered nurses, and122.29 public members as defined in section 214.02.

122.30 S_u_b_d_.___2_._ Duties. The advisory committee shall advise the compact administrator in122.31 the implementation of section 148.2855.

122.32 S_u_b_d_.___3_._ Organization. The advisory committee shall be organized and122.33 administered under section 15.059.


132.3 Section 1. Minnesota Statutes 2010, section 245.697, subdivision 1, is amended to read:

132.4 Subdivision 1. Creation. (a) A State Advisory Council on Mental Health is created.132.5 The council must have 3–0– 31 members appointed by the governor in accordance with132.6 federal requirements. In making the appointments, the governor shall consider appropriate132.7 representation of communities of color. The council must be composed of:

132.8 (1) the assistant commissioner of mental health for the department of human services;

132.9 (2) a representative of the Department of Human Services responsible for the132.10 medical assistance program;

132.11 (3) one member of each of the f–o–u–r– five core mental health professional disciplines132.12 (psychiatry, psychology, social work, nursing, and marriage and family therapy);

132.13 (4) one representative from each of the following advocacy groups: Mental Health132.14 Association of Minnesota, NAMI-MN, Mental Health Consumer/Survivor Network of132.15 Minnesota, and Minnesota Disability Law Center;

132.16 (5) providers of mental health services;




132.17 (6) consumers of mental health services;

132.18 (7) family members of persons with mental illnesses;

132.19 (8) legislators;

132.20 (9) social service agency directors;

132.21 (10) county commissioners; and

132.22 (11) other members reflecting a broad range of community interests, including132.23 family physicians, or members as the United States Secretary of Health and Human132.24 Services may prescribe by regulation or as may be selected by the governor.

132.25 (b) The council shall select a chair. Terms, compensation, and removal of members132.26 and filling of vacancies are governed by section 15.059. Notwithstanding provisions132.27 of section 15.059, the council and its subcommittee on children's mental health do not132.28 expire. The commissioner of human services shall provide staff support and supplies132.29 to the council.

132.30 Sec. 2. Minnesota Statutes 2010, section 254A.19, is amended by adding a subdivision132.31 to read:

132.32 S_u_b_d_.___4_._ Civil commitments. A Rule 25 assessment, under Minnesota Rules,132.33 part 9530.6615, does not need to be completed for an individual being committed as a132.34 chemically dependent person, as defined in section 253B.02, and for the duration of a civil133.1 commitment under section 253B.065, 253B.09, or 253B.095 in order for a county to133.2 access consolidated chemical dependency treatment funds under section 254B.04. The133.3 county must determine if the individual meets the financial eligibility requirements for133.4 the consolidated chemical dependency treatment funds under section 254B.04. Nothing133.5 in this subdivision shall prohibit placement in a treatment facility or treatment program133.6 governed under this chapter or Minnesota Rules, parts 9530.6600 to 9530.6655.

133.7 Sec. 3. Minnesota Statutes 2010, section 256B.0943, subdivision 9, is amended to read: 123.4 Sec. 14. Minnesota Statutes 2010, section 256B.0943, subdivision 9, is amended to123.5 read:

133.8 Subd. 9. Service delivery criteria. (a) In delivering services under this section, a133.9 certified provider entity must ensure that:

123.6 Subd. 9. Service delivery criteria. (a) In delivering services under this section, a123.7 certified provider entity must ensure that:

133.10 (1) each individual provider's caseload size permits the provider to deliver services133.11 to both clients with severe, complex needs and clients with less intensive needs. The133.12 provider's caseload size should reasonably enable the provider to play an active role in133.13 service planning, monitoring, and delivering services to meet the client's and client's133.14 family's needs, as specified in each client's individual treatment plan;

123.8 (1) each individual provider's caseload size permits the provider to deliver services123.9 to both clients with severe, complex needs and clients with less intensive needs. The123.10 provider's caseload size should reasonably enable the provider to play an active role in123.11 service planning, monitoring, and delivering services to meet the client's and client's123.12 family's needs, as specified in each client's individual treatment plan;

133.15 (2) site-based programs, including day treatment and preschool programs, provide133.16 staffing and facilities to ensure the client's health, safety, and protection of rights, and that133.17 the programs are able to implement each client's individual treatment plan;

123.13 (2) site-based programs, including day treatment and preschool programs, provide123.14 staffing and facilities to ensure the client's health, safety, and protection of rights, and that123.15 the programs are able to implement each client's individual treatment plan;




133.18 (3) a day treatment program is provided to a group of clients by a multidisciplinary133.19 team under the clinical supervision of a mental health professional. The day treatment133.20 program must be provided in and by: (i) an outpatient hospital accredited by the Joint133.21 Commission on Accreditation of Health Organizations and licensed under sections 144.50133.22 to 144.55; (ii) a community mental health center under section 245.62; or (iii) an entity133.23 that is u–n–d–e–r–––c–o–n–t–r–a–c–t–––w–i–t–h–––t–h–e–––c–o–u–n–t–y–––b–o–a–r–d– certified under subdivision 4 to operate a133.24 program that meets the requirements of s–e–c–t–i–o–n–––2–4–5–.–4–7–1–2–,–––s–u–b–d–i–v–i–s–i–o–n–––2–,–––o–r–––2–4–5–.–4–8–8–4–,–133.25 s–u–b–d–i–v–i–s–i–o–n–––2–,–––a–n–d– Minnesota Rules, parts 9505.0170 to 9505.0475. The day treatment133.26 program must stabilize the client's mental health status while developing and improving133.27 the client's independent living and socialization skills. The goal of the day treatment133.28 program must be to reduce or relieve the effects of mental illness and provide training to133.29 enable the client to live in the community. The program must be available at least one day133.30 a week for a two-hour time block. The two-hour time block must include at least one hour133.31 of individual or group psychotherapy. The remainder of the structured treatment program133.32 may include individual or group psychotherapy, and individual or group skills training, if133.33 included in the client's individual treatment plan. Day treatment programs are not part of133.34 inpatient or residential treatment services. A day treatment program may provide fewer134.1 than the minimally required hours for a particular child during a billing period in which134.2 the child is transitioning into, or out of, the program; and

123.16 (3) a day treatment program is provided to a group of clients by a multidisciplinary123.17 team under the clinical supervision of a mental health professional. The day treatment123.18 program must be provided in and by: (i) an outpatient hospital accredited by the Joint123.19 Commission on Accreditation of Health Organizations and licensed under sections 144.50123.20 to 144.55; (ii) a community mental health center under section 245.62; or (iii) an entity123.21 that is u–n–d–e–r–––c–o–n–t–r–a–c–t–––w–i–t–h–––t–h–e–––c–o–u–n–t–y–––b–o–a–r–d– certified under subdivision 4 to operate a123.22 program that meets the requirements of section 2–4–5–.–4–7–1–2–,–––s–u–b–d–i–v–i–s–i–o–n–––2–,–––o–r– 245.4884,123.23 subdivision 2, and Minnesota Rules, parts 9505.0170 to 9505.0475. The day treatment123.24 program must stabilize the client's mental health status while developing and improving123.25 the client's independent living and socialization skills. The goal of the day treatment123.26 program must be to reduce or relieve the effects of mental illness and provide training to123.27 enable the client to live in the community. The program must be available at least one day123.28 a week for a two-hour time block. The two-hour time block must include at least one hour123.29 of individual or group psychotherapy. The remainder of the structured treatment program123.30 may include individual or group psychotherapy, and individual or group skills training, if123.31 included in the client's individual treatment plan. Day treatment programs are not part of123.32 inpatient or residential treatment services. A day treatment program may provide fewer123.33 than the minimally required hours for a particular child during a billing period in which123.34 the child is transitioning into, or out of, the program; and

134.3 (4) a therapeutic preschool program is a structured treatment program offered134.4 to a child who is at least 33 months old, but who has not yet reached the first day of134.5 kindergarten, by a preschool multidisciplinary team in a day program licensed under134.6 Minnesota Rules, parts 9503.0005 to 9503.0175. The program must be available two134.7 hours per day, five days per week, and 12 months of each calendar year. The structured134.8 treatment program may include individual or group psychotherapy and individual or134.9 group skills training, if included in the client's individual treatment plan. A therapeutic134.10 preschool program may provide fewer than the minimally required hours for a particular134.11 child during a billing period in which the child is transitioning into, or out of, the program.

124.1 (4) a therapeutic preschool program is a structured treatment program offered124.2 to a child who is at least 33 months old, but who has not yet reached the first day of124.3 kindergarten, by a preschool multidisciplinary team in a day program licensed under124.4 Minnesota Rules, parts 9503.0005 to 9503.0175. The program must be available two124.5 hours per day, five days per week, and 12 months of each calendar year. The structured124.6 treatment program may include individual or group psychotherapy and individual or124.7 group skills training, if included in the client's individual treatment plan. A therapeutic124.8 preschool program may provide fewer than the minimally required hours for a particular124.9 child during a billing period in which the child is transitioning into, or out of, the program.

134.12 (b) A provider entity must deliver the service components of children's therapeutic134.13 services and supports in compliance with the following requirements:

124.10 (b) A provider entity must deliver the service components of children's therapeutic124.11 services and supports in compliance with the following requirements:

134.14 (1) individual, family, and group psychotherapy must be delivered as specified in134.15 Minnesota Rules, part 9505.0323;

124.12 (1) individual, family, and group psychotherapy must be delivered as specified in124.13 Minnesota Rules, part 9505.0323;

134.16 (2) individual, family, or group skills training must be provided by a mental health134.17 professional or a mental health practitioner who has a consulting relationship with a134.18 mental health professional who accepts full professional responsibility for the training;

124.14 (2) individual, family, or group skills training must be provided by a mental health124.15 professional or a mental health practitioner who has a consulting relationship with a124.16 mental health professional who accepts full professional responsibility for the training;




134.19 (3) crisis assistance must be time-limited and designed to resolve or stabilize crisis134.20 through arrangements for direct intervention and support services to the child and the134.21 child's family. Crisis assistance must utilize resources designed to address abrupt or134.22 substantial changes in the functioning of the child or the child's family as evidenced by134.23 a sudden change in behavior with negative consequences for well being, a loss of usual134.24 coping mechanisms, or the presentation of danger to self or others;

124.17 (3) crisis assistance must be time-limited and designed to resolve or stabilize crisis124.18 through arrangements for direct intervention and support services to the child and the124.19 child's family. Crisis assistance must utilize resources designed to address abrupt or124.20 substantial changes in the functioning of the child or the child's family as evidenced by124.21 a sudden change in behavior with negative consequences for well being, a loss of usual124.22 coping mechanisms, or the presentation of danger to self or others;

134.25 (4) mental health behavioral aide services must be medically necessary treatment134.26 services, identified in the child's individual treatment plan and individual behavior plan,134.27 which are performed minimally by a paraprofessional qualified according to subdivision134.28 7, paragraph (b), clause (3), and which are designed to improve the functioning of the134.29 child in the progressive use of developmentally appropriate psychosocial skills. Activities134.30 involve working directly with the child, child-peer groupings, or child-family groupings134.31 to practice, repeat, reintroduce, and master the skills defined in subdivision 1, paragraph134.32 (p), as previously taught by a mental health professional or mental health practitioner134.33 including:

124.23 (4) mental health behavioral aide services must be medically necessary treatment124.24 services, identified in the child's individual treatment plan and individual behavior plan,124.25 which are performed minimally by a paraprofessional qualified according to subdivision124.26 7, paragraph (b), clause (3), and which are designed to improve the functioning of the124.27 child in the progressive use of developmentally appropriate psychosocial skills. Activities124.28 involve working directly with the child, child-peer groupings, or child-family groupings124.29 to practice, repeat, reintroduce, and master the skills defined in subdivision 1, paragraph124.30 (p), as previously taught by a mental health professional or mental health practitioner124.31 including:

134.34 (i) providing cues or prompts in skill-building peer-to-peer or parent-child134.35 interactions so that the child progressively recognizes and responds to the cues134.36 independently;

124.32 (i) providing cues or prompts in skill-building peer-to-peer or parent-child124.33 interactions so that the child progressively recognizes and responds to the cues124.34 independently;

135.1 (ii) performing as a practice partner or role-play partner; 124.35 (ii) performing as a practice partner or role-play partner;

135.2 (iii) reinforcing the child's accomplishments; 124.36 (iii) reinforcing the child's accomplishments;

135.3 (iv) generalizing skill-building activities in the child's multiple natural settings; 125.1 (iv) generalizing skill-building activities in the child's multiple natural settings;

135.4 (v) assigning further practice activities; and 125.2 (v) assigning further practice activities; and

135.5 (vi) intervening as necessary to redirect the child's target behavior and to de-escalate135.6 behavior that puts the child or other person at risk of injury.

125.3 (vi) intervening as necessary to redirect the child's target behavior and to de-escalate125.4 behavior that puts the child or other person at risk of injury.

135.7 A mental health behavioral aide must document the delivery of services in written135.8 progress notes. The mental health behavioral aide must implement treatment strategies135.9 in the individual treatment plan and the individual behavior plan. The mental health135.10 behavioral aide must document the delivery of services in written progress notes. Progress135.11 notes must reflect implementation of the treatment strategies, as performed by the mental135.12 health behavioral aide and the child's responses to the treatment strategies; and

125.5 A mental health behavioral aide must document the delivery of services in written125.6 progress notes. The mental health behavioral aide must implement treatment strategies125.7 in the individual treatment plan and the individual behavior plan. The mental health125.8 behavioral aide must document the delivery of services in written progress notes. Progress125.9 notes must reflect implementation of the treatment strategies, as performed by the mental125.10 health behavioral aide and the child's responses to the treatment strategies; and

135.13 (5) direction of a mental health behavioral aide must include the following: 125.11 (5) direction of a mental health behavioral aide must include the following:

135.14 (i) a clinical supervision plan approved by the responsible mental health professional; 125.12 (i) a clinical supervision plan approved by the responsible mental health professional;

135.15 (ii) ongoing on-site observation by a mental health professional or mental health135.16 practitioner for at least a total of one hour during every 40 hours of service provided135.17 to a child; and

125.13 (ii) ongoing on-site observation by a mental health professional or mental health125.14 practitioner for at least a total of one hour during every 40 hours of service provided125.15 to a child; and




135.18 (iii) immediate accessibility of the mental health professional or mental health135.19 practitioner to the mental health behavioral aide during service provision.

125.16 (iii) immediate accessibility of the mental health professional or mental health125.17 practitioner to the mental health behavioral aide during service provision.

135.20 Sec. 4. Minnesota Statutes 2011 Supplement, section 256M.40, subdivision 1, is135.21 amended to read:

135.22 Subdivision 1. Formula. The commissioner shall allocate state funds appropriated135.23 under this chapter to each county board on a calendar year basis in an amount determined135.24 according to the formula in paragraphs (a) to (–e–)– (f).

135.25 (a) For calendar years 2011 a–n–d–, 2012, and 2013, the commissioner shall allocate135.26 available funds to each county in proportion to that county's share in calendar year 2010.

135.27 (b) For calendar year 2–0–1–3– 2014, the commissioner shall allocate available funds to135.28 each county as follows:

135.29 (1) 7–5– 80 percent must be distributed on the basis of the county share in calendar135.30 year 2–0–1–2– 2013;

135.31 (–2–)–––fi–v–e–––p–e–r–c–e–n–t–––m–u–s–t–––b–e–––d–i–s–t–r–i–b–u–t–e–d–––o–n–––t–h–e–––b–a–s–i–s–––o–f–––t–h–e–––n–u–m–b–e–r–––o–f–––p–e–r–s–o–n–s–––r–e–s–i–d–i–n–g–––i–n–135.32 t–h–e–––c–o–u–n–t–y–––a–s–––d–e–t–e–r–m– i–n–e–d–––b–y–––t–h–e–––m–o–s–t–––r–e–c–e–n–t–––d–a–t–a–––o–f–––t–h–e–––s–t–a–t–e–––d–e–m–o–g–r–a–p–h–e–r–;–

135.33 (–3–)–––t–e–n–––p–e–r–c–e–n–t–––m–u–s–t–––b–e–––d–i–s–t–r–i–b–u–t–e–d–––o–n–––t–h–e–––b–a–s–i–s–––o–f–––t–h–e–––n–u–m–b–e–r–––o–f–––v–u–l–n–e–r–a–b–l–e–––c–h–i–l–d–r–e–n–135.34 t–h–a–t–––a–r–e–––s–u–b–j–e–c–t–s–––o–f–––r–e–p–o–r–t–s–––u–n–d–e–r–––c–h–a–p–t–e–r–––2–6–0–C–––a–n–d–––s–e–c–t–i–o–n–s–––6–2–6–.–5–5–6–––a–n–d–––6–2–6–.–5–5–6–1–,–––a–n–d–––i–n–135.35 t–h–e–––c–o–u–n–t–y–––a–s–––d–e–t–e–r–m– i–n–e–d–––b–y–––t–h–e–––m–o–s–t–––r–e–c–e–n–t–––d–a–t–a–––o–f–––t–h–e–––c–o–m–m– i–s–s–i–o–n–e–r–;–––a–n–d–

136.1 (–4–)–––t–e–n–––p–e–r–c–e–n–t–––m–u–s–t–––b–e–––d–i–s–t–r–i–b–u–t–e–d–––o–n–––t–h–e–––b–a–s–i–s–––o–f–––t–h–e–––n–u–m–b–e–r–––o–f–––v–u–l–n–e–r–a–b–l–e–––a–d–u–l–t–s–136.2 t–h–a–t–––a–r–e–––s–u–b–j–e–c–t–s–––o–f–––r–e–p–o–r–t–s–––u–n–d–e–r–––s–e–c–t–i–o–n–––6–2–6–.–5–5–7–––i–n–––t–h–e–––c–o–u–n–t–y–––a–s–––d–e–t–e–r–m– i–n–e–d–––b–y–––t–h–e–––m–o–s–t–136.3 r–e–c–e–n–t–––d–a–t–a–––o–f–––t–h–e–––c–o–m–m– i–s–s–i–o–n–e–r–.–

136.4 (2) 20 percent must be distributed as follows:

136.5 (i) 25 percent must be allocated to cover infrastructure costs for grant implementation136.6 which includes a guaranteed floor and an amount based on the county's population size136.7 as determined by the commissioner; and

136.8 (ii) 75 percent must be allocated based on the need for vulnerable children and136.9 adult services as follows:

136.10 (A) 70 percent shall be allocated to counties based on the county's average three-year136.11 count of vulnerable children who are subjects of family assessments or subjects of136.12 accepted reports under sections 626.556 and 626.5561 per 1,000 county child population136.13 as determined by the most recent data of the commissioner; and

136.14 (B) 30 percent shall be allocated to counties based on the county's average three-year136.15 count of vulnerable adults who are subjects of reports accepted for county investigation or136.16 emergency protective services under section 626.557 per 1,000 county adult population136.17 determined by the most recent data of the commissioner.




136.18 (c) For calendar year 2–0–1–4– 2015, the commissioner shall allocate available funds to136.19 each county as follows:

136.20 (1) 5–0– 60 percent must be distributed on the basis of the county share in calendar136.21 year 2–0–1–2– 2013; and

136.22 (–2–)–––T–e–n–––p–e–r–c–e–n–t–––m–u–s–t–––b–e–––d–i–s–t–r–i–b–u–t–e–d–––o–n–––t–h–e–––b–a–s–i–s–––o–f–––t–h–e–––n–u–m–b–e–r–––o–f–––p–e–r–s–o–n–s–––r–e–s–i–d–i–n–g–––i–n–136.23 t–h–e–––c–o–u–n–t–y–––a–s–––d–e–t–e–r–m– i–n–e–d–––b–y–––t–h–e–––m–o–s–t–––r–e–c–e–n–t–––d–a–t–a–––o–f–––t–h–e–––s–t–a–t–e–––d–e–m–o–g–r–a–p–h–e–r–;–

136.24 (–3–)–––2–0–––p–e–r–c–e–n–t–––m–u–s–t–––b–e–––d–i–s–t–r–i–b–u–t–e–d–––o–n–––t–h–e–––b–a–s–i–s–––o–f–––t–h–e–––n–u–m–b–e–r–––o–f–––v–u–l–n–e–r–a–b–l–e–––c–h–i–l–d–r–e–n–136.25 t–h–a–t–––a–r–e–––s–u–b–j–e–c–t–s–––o–f–––r–e–p–o–r–t–s–––u–n–d–e–r–––c–h–a–p–t–e–r–––2–6–0–C–––a–n–d–––s–e–c–t–i–o–n–s–––6–2–6–.–5–5–6–––a–n–d–––6–2–6–.–5–5–6–1–,–––i–n–––t–h–e–136.26 c–o–u–n–t–y–––a–s–––d–e–t–e–r–m– i–n–e–d–––b–y–––t–h–e–––m–o–s–t–––r–e–c–e–n–t–––d–a–t–a–––o–f–––t–h–e–––c–o–m–m– i–s–s–i–o–n–e–r–;–––a–n–d–

136.27 (–4–)–––2–0–––p–e–r–c–e–n–t–––m–u–s–t–––b–e–––d–i–s–t–r–i–b–u–t–e–d–––o–n–––t–h–e–––b–a–s–i–s–––o–f–––t–h–e–––n–u–m–b–e–r–––o–f–––v–u–l–n–e–r–a–b–l–e–––a–d–u–l–t–s–136.28 t–h–a–t–––a–r–e–––s–u–b–j–e–c–t–s–––o–f–––r–e–p–o–r–t–s–––u–n–d–e–r–––s–e–c–t–i–o–n–––6–2–6–.–5–5–7–––i–n–––t–h–e–––c–o–u–n–t–y–––a–s–––d–e–t–e–r–m– i–n–e–d–––b–y–––t–h–e–––m–o–s–t–136.29 r–e–c–e–n–t–––d–a–t–a–––o–f–––t–h–e–––c–o–m–m– i–s–s–i–o–n–e–r–.–






137.9 (d) For calendar year 2–0–1–5– 2016, the commissioner shall allocate available funds to137.10 each county as follows:

137.11 (1) 2–5– 40 percent must be distributed on the basis of the county share in calendar137.12 year 2–0–1–2– 2013; and

137.13 (–2–)–––1–5–––p–e–r–c–e–n–t–––m–u–s–t–––b–e–––d–i–s–t–r–i–b–u–t–e–d–––o–n–––t–h–e–––b–a–s–i–s–––o–f–––t–h–e–––n–u–m–b–e–r–––o–f–––p–e–r–s–o–n–s–––r–e–s–i–d–i–n–g–––i–n–137.14 t–h–e–––c–o–u–n–t–y–––a–s–––d–e–t–e–r–m– i–n–e–d–––b–y–––t–h–e–––m–o–s–t–––r–e–c–e–n–t–––d–a–t–a–––o–f–––t–h–e–––s–t–a–t–e–––d–e–m–o–g–r–a–p–h–e–r–;–











137.35 (e) For calendar year 2–0–1–6–––a–n–d–––e–a–c–h–––c–a–l–e–n–d–a–r–––y–e–a–r–––t–h–e–r–e–a–f–t–e–r– 2017, the commissioner137.36 shall allocate available funds to each county as follows:

138.1 (1) 20 percent must be distributed on the basis of the n–u–m–b–e–r–––o–f–––p–e–r–s–o–n–s–––r–e–s–i–d–i–n–g–138.2 i–n–––t–h–e–––c–o–u–n–t–y–––a–s–––d–e–t–e–r–m– i–n–e–d–––b–y–––t–h–e–––m–o–s–t–––r–e–c–e–n–t–––d–a–t–a–––o–f–––t–h–e–––s–t–a–t–e–––d–e–m–o–g–r–a–p–h–e–r– county138.3 share in calendar year 2013; and











138.24 (f) For calendar year 2018 and each calendar year thereafter, the commissioner shall138.25 allocate available funds to each county as follows:

138.26 (1) 25 percent must be allocated to cover infrastructure costs for grant138.27 implementation which includes a guaranteed floor and an amount based on the county's138.28 population size as determined by the commissioner; and

138.29 (2) 75 percent must be allocated based on the need for vulnerable children and138.30 adult services as follows:

138.31 (i) 70 percent shall be allocated to counties based on the county's average three-year138.32 count of vulnerable children that are subject of family assessments or subjects of accepted138.33 reports under sections 626.556 and 626.5561 per 1,000 county child population as138.34 determined by the most recent data of the commissioner; and

138.35 (ii) 30 percent shall be allocated to counties based on the county's average three-year138.36 count of vulnerable adults that are subjects of reports accepted for county investigation or139.1 emergency protective services under section 626.557 per 1,000 county adult population139.2 determined by the most recent data of the commissioner.

139.3 Sec. 5. Minnesota Statutes 2010, section 462A.29, is amended to read:139.4 462A.29 INTERAGENCY COORDINATION ON HOMELESSNESS.

139.5 (a) The agency shall coordinate services and activities of all state agencies relating139.6 to homelessness. The agency shall coordinate an investigation and review of the current139.7 system of service delivery to the homeless. The agency may request assistance from other139.8 agencies of state government as needed for the execution of the responsibilities under this139.9 section and the other agencies shall furnish the assistance upon request.

139.10 (b) The Interagency Council on Homelessness established to assist with the139.11 execution of the duties of this section shall give priority to improving the coordination139.12 of services and activities that reduce the number of children and military veterans who139.13 experience homelessness and improve the economic, health, social, and education139.14 outcomes for children and military veterans who experience homelessness.

139.15 Sec. 6. Minnesota Statutes 2010, section 514.981, subdivision 5, is amended to read:




139.16 Subd. 5. Release. (a) An agency that files a medical assistance lien notice shall139.17 release and discharge the lien in full if:

139.18 (1) the medical assistance recipient is discharged from the medical institution and139.19 returns home;

139.20 (2) the medical assistance lien is satisfied;

139.21 (3) the agency has received reimbursement for the amount secured by the lien or139.22 a legally enforceable agreement has been executed providing for reimbursement of the139.23 agency for that amount; or

139.24 (4) the medical assistance recipient, if single, or the recipient's surviving spouse,139.25 has died, and a claim may not be filed against the estate of the decedent under section139.26 256B.15, subdivision 3.

139.27 (b) Upon request, the agency that files a medical assistance lien notice shall release a139.28 specific parcel of real property from the lien if:

139.29 (1) the property is or was the homestead of the recipient's spouse during the time of139.30 the medical assistance recipient's institutionalization, or the property is or was attributed139.31 to the spouse under section 256B.059, subdivision 3 or 4, and the spouse is not receiving139.32 medical assistance benefits;

139.33 (2) the property would be exempt from a claim against the estate under section139.34 256B.15, subdivision 4;

140.1 (3) the agency receives reimbursement, or other collateral sufficient to secure140.2 payment of reimbursement, in an amount equal to the lesser of the amount secured by the140.3 lien, or the amount the agency would be allowed to recover upon enforcement of the lien140.4 against the specific parcel of property if the agency attempted to enforce the lien on the140.5 date of the request to release the lien; or

140.6 (4) the medical assistance lien cannot lawfully be enforced against the property140.7 because of an error, omission, or other material defect in procedure, description, identity,140.8 timing, or other prerequisite to enforcement.

140.9 (c) The agency that files a medical assistance lien notice may release the lien if140.10 the attachment or enforcement of the lien is determined by the agency to be contrary to140.11 the public interest.

140.12 (d) The agency that files a medical assistance lien notice shall execute the release of140.13 the lien and file the release as provided in section 514.982, subdivision 2.

140.14 (e) The agency that files a medical assistance lien may release the lien if a good140.15 faith purchaser, without knowledge of the medical assistance lien, purchases the property140.16 and satisfaction of the lien would present an undue hardship or would be contrary to140.17 the public interest.




140.18 Sec. 7. Minnesota Statutes 2010, section 518A.40, subdivision 4, is amended to read:

140.19 Subd. 4. Change in child care. (a) When a court order provides for child care140.20 expenses, and child care support is not assigned under section 256.741, the public140.21 authority, if the public authority provides child support enforcement services, m–u–s–t–may140.22 suspend collecting the amount allocated for child care expenses when:–

140.23 (–1–)– either party informs the public authority that no child care costs are being140.24 incurred;– and:

140.25 (–2–)– (1) the public authority verifies the accuracy of the information with the obligee.–;140.26 or

140.27 (2) the obligee fails to respond within 30 days of the date of a written request140.28 from the public authority for information regarding child care costs. A written or oral140.29 response from the obligee that child care costs are being incurred is sufficient for the140.30 public authority to continue collecting child care expenses.

140.31 The suspension is effective as of the first day of the month following the date that the140.32 public authority r–e–c–e–i–v–e–d–––t–h–e–––v–e–r–i–fi–c–a–t–i–o–n– either verified the information with the obligee140.33 or the obligee failed to respond. The public authority will resume collecting child care140.34 expenses when either party provides information that child care costs h–a–v–e–––r–e–s–u–m–e–d– are140.35 incurred, or when a child care support assignment takes effect under section 256.741,141.1 subdivision 4. The resumption is effective as of the first day of the month after the date141.2 that the public authority received the information.

141.3 (b) If the parties provide conflicting information to the public authority regarding141.4 whether child care expenses are being incurred, o–r–––i–f–––t–h–e–––p–u–b–l–i–c–––a–u–t–h–o–r–i–t–y–––i–s–––u–n–a–b–l–e–––t–o–141.5 v–e–r–i–f–y–––w–i–t–h–––t–h–e–––o–b–l–i–g–e–e–––t–h–a–t–––n–o–––c–h–i–l–d–––c–a–r–e–––c–o–s–t–s–––a–r–e–––b–e–i–n–g–––i–n–c–u–r–r–e–d–,– the public authority will141.6 continue or resume collecting child care expenses. Either party, by motion to the court,141.7 may challenge the suspension, continuation, or resumption of the collection of child care141.8 expenses under this subdivision. If the public authority suspends collection activities141.9 for the amount allocated for child care expenses, all other provisions of the court order141.10 remain in effect.

141.11 (c) In cases where there is a substantial increase or decrease in child care expenses,141.12 the parties may modify the order under section 518A.39.

141.13 Sec. 8. Laws 2011, First Special Session chapter 9, article 9, section 18, is amended to141.14 read:141.15 Sec. 18. WHITE EARTH BAND OF OJIBWE HUMAN SERVICES141.16 PROJECT.

141.17 (a) The commissioner of human services, in consultation with the White Earth Band141.18 of Ojibwe, shall transfer legal responsibility to the tribe for providing human services to141.19 tribal members and their families who reside on or off the reservation in Mahnomen141.20 County. The transfer shall include:




141.21 (1) financing, including federal and state funds, grants, and foundation funds; and

141.22 (2) services to eligible tribal members and families defined as it applies to state141.23 programs being transferred to the tribe.

141.24 (b) The determination as to which programs will be transferred to the tribe and141.25 the timing of the transfer of the programs shall be made by a consensus decision of the141.26 governing body of the tribe and the commissioner. The commissioner shall waive existing141.27 rules and seek all federal approvals and waivers as needed to carry out the transfer.

141.28 (c) When the commissioner approves transfer of programs and the tribe assumes141.29 responsibility under this section, Mahnomen County is relieved of responsibility for141.30 providing program services to tribal members and their families who live on or off the141.31 reservation while the tribal project is in effect and funded, except that a family member141.32 who is not a White Earth member may choose to receive services through the tribe or the141.33 county. The commissioner shall have authority to redirect funds provided to Mahnomen141.34 County for these services, including administrative expenses, to the White Earth Band141.35 of Ojibwe Indians.

142.1 (d) Upon the successful transfer of legal responsibility for providing human services142.2 for tribal members and their families who reside on and off the reservation in Mahnomen142.3 County, the commissioner and the White Earth Band of Ojibwe shall develop a plan to142.4 transfer legal responsibility for providing human services for tribal members and their142.5 families who reside on or off reservation in Clearwater and Becker Counties.

142.6 (e) No later than January 15, 2012, the commissioner shall submit a written142.7 report detailing the transfer progress to the chairs and ranking minority members of the142.8 legislative committees with jurisdiction over health and human services. If legislation is142.9 needed to fully complete the transfer of legal responsibility for providing human services,142.10 the commissioner shall submit proposed legislation along with the written report.

142.11 (f) Upon receipt of 100 percent match for health care costs from the Indian Health142.12 Service, the first $500,000 of savings to the state in tribal health care costs shall be142.13 distributed to the White Earth Band of Ojibwe to offset the band's cost of implementing142.14 the human services project. The remainder of the state savings shall be distributed to the142.15 White Earth Band of Ojibwe to supplement services to off-reservation tribal members.

142.16 Sec. 9. FOSTER CARE FOR INDIVIDUALS WITH AUTISM.




142.17 The commissioner of human services shall identify and coordinate with one or more142.18 counties that agree to issue a foster care license and authorize funding for people with142.19 autism who are currently receiving home and community-based services under Minnesota142.20 Statutes, section 256B.092 or 256B.49. Children eligible under this section must be in an142.21 out-of-home placement approved by the lead agency that has legal responsibility for the142.22 placement. Nothing in this section must be construed as restricting an individual's choice142.23 of provider. The commissioner will assist the interested county or counties with obtaining142.24 necessary capacity within the moratorium under Minnesota Statutes, section 245A.03,142.25 subdivision 7. The commissioner shall coordinate with the interested counties and issue a142.26 request for information to identify providers who have the training and skills to meet the142.27 needs of the individuals identified in this section.

142.28 Sec. 10. DIRECTION TO COMMISSIONER.

142.29 The commissioner shall develop an optional certification for providers of home142.30 and community-based services waivers under Minnesota Statutes, section 256B.092142.31 or 256B.49, that demonstrates competency in working with individuals with autism.142.32 Recommended language and an implementation plan will be provided to the chairs and142.33 ranking minority members of the legislative committees with jurisdiction over health and143.1 human services policy and finance by February 15, 2013, as part of the Quality Outcome143.2 Standards required under Laws 2010, chapter 352, article 1, section 24.

143.3 Sec. 11. CHEMICAL HEALTH NAVIGATOR PROGRAM.

143.4 (a) The commissioner of human services, in partnership with the counties, tribes,143.5 and stakeholders, shall develop a community-based integrated model of care to improve143.6 the effectiveness and efficiency of the service continuum for chemically dependent143.7 individuals. The plan shall identify methods to reduce duplication of efforts, promote143.8 scientifically supported practices, and improve efficiency. This plan shall consider the143.9 potential for geographically or demographically disparate impact on individuals who need143.10 chemical dependency services.

143.11 (b) The commissioner shall provide the chairs and ranking minority members of the143.12 legislative committees with jurisdiction over health and human services a report detailing143.13 necessary statutory and rule changes and a proposed pilot project to implement the plan no143.14 later than March 15, 2013.

125.18 Sec. 15. Laws 2011, First Special Session chapter 9, article 10, section 8, subdivision125.19 8, is amended to read:

125.20125.21

Subd. 8. Board of Nursing HomeAdministrators 2,153,000 2,145,000




125.22 Rulemaking. Of this appropriation, $44,000125.23 in fiscal year 2012 is for rulemaking. This is125.24 a onetime appropriation.

125.25 Electronic Licensing System Adaptors.125.26 Of this appropriation, $761,000 in fiscal125.27 year 2013 from the state government special125.28 revenue fund is to the administrative services125.29 unit to cover the costs to connect to the125.30 e-licensing system. Minnesota Statutes,125.31 section 16E.22. Base level funding for this125.32 activity in fiscal year 2014 shall be $100,000.125.33 Base level funding for this activity in fiscal125.34 year 2015 shall be $50,000.

126.1 Development and Implementation of a126.2 Disciplinary, Regulatory, Licensing and126.3 Information Management System. Of this126.4 appropriation, $800,000 in fiscal year 2012126.5 and $300,000 in fiscal year 2013 are for the126.6 development of a shared system. Base level126.7 funding for this activity in fiscal year 2014126.8 shall be $50,000.

126.9 Administrative Services Unit - Operating126.10 Costs. Of this appropriation, $526,000126.11 in fiscal year 2012 and $526,000 in126.12 fiscal year 2013 are for operating costs126.13 of the administrative services unit. The126.14 administrative services unit may receive126.15 and expend reimbursements for services126.16 performed by other agencies.

126.17 Administrative Services Unit - Retirement126.18 Costs. Of this appropriation in fiscal year126.19 2012, $225,000 is for onetime retirement126.20 costs in the health-related boards. This126.21 funding may be transferred to the health126.22 boards incurring those costs for their126.23 payment. These funds are available either126.24 year of the biennium.




126.25 Administrative Services Unit - Volunteer126.26 Health Care Provider Program. Of this126.27 appropriation, $150,000 in fiscal year 2012126.28 and $150,000 in fiscal year 2013 are to pay126.29 for medical professional liability coverage126.30 required under Minnesota Statutes, section126.31 214.40.

126.32 Administrative Services Unit - Contested126.33 Cases and Other Legal Proceedings. Of126.34 this appropriation, $200,000 in fiscal year126.35 2012 and $200,000 in fiscal year 2013 are127.1 for costs of contested case hearings and other127.2 unanticipated costs of legal proceedings127.3 involving health-related boards funded127.4 under this section. Upon certification of a127.5 health-related board to the administrative127.6 services unit that the costs will be incurred127.7 and that there is insufficient money available127.8 to pay for the costs out of money currently127.9 available to that board, the administrative127.10 services unit is authorized to transfer money127.11 from this appropriation to the board for127.12 payment of those costs with the approval127.13 of the commissioner of management and127.14 budget. This appropriation does not cancel.127.15 Any unencumbered and unspent balances127.16 remain available for these expenditures in127.17 subsequent fiscal years.

127.18 Base Adjustment. The State Government127.19 Special Revenue Fund base is decreased by127.20 $911,000 in fiscal year 2014 and $–1–,–0–1–1–,–0–0–0–127.21 $961,000 in fiscal year 2015.

143.15 Sec. 12. BIENNIAL BUDGET REQUEST; UNIVERSITY OF MINNESOTA. 127.22 Sec. 16. BIENNIAL BUDGET REQUEST; UNIVERSITY OF MINNESOTA.




143.16 Beginning in 2013, as part of the biennial budget request submitted to the Office143.17 of Management and Budget, the Board of Regents of the University of Minnesota must143.18 include a request for funding for an investment in rural primary care training to be143.19 delivered by family practice residence programs to prepare doctors for the practice of143.20 primary care medicine in rural areas of the state. The funding request must provide for143.21 ongoing support of rural primary care training through the University of Minnesota's143.22 general operation and maintenance funding or through dedicated health science funding.

127.23 Beginning in 2013, as part of the biennial budget request submitted to the127.24 Department of Management and Budget, and the legislature, the Board of Regents of the127.25 University of Minnesota is encouraged to include a request for funding for rural primary127.26 care training by family practice residence programs to prepare doctors for the practice127.27 of primary care medicine in rural areas of the state. The funding request should provide127.28 for ongoing support of rural primary care training through the University of Minnesota's127.29 general operation and maintenance funding or through dedicated health science funding.

143.23 Sec. 13. RELEASE OF MEDICAL ASSISTANCE LIEN.

143.24 Notwithstanding Minnesota Statutes, section 514.981, the commissioner of human143.25 services shall release and discharge the medical assistance lien in full, pursuant to143.26 Minnesota Statutes, section 514.981, subdivision 5, for any person who:

143.27 (1) purchased a home in St. Louis County that was subject to a medical assistance143.28 lien;

143.29 (2) hired Scenic Title and Abstract, Inc. in Duluth to handle the closing on the home;

143.30 (3) satisfied the purchase price of the home by securing a mortgage; and

143.31 (4) obtained a warranty deed for the home that was signed and notarized on143.32 December 3, 2007, and recorded in St. Louis County on December 28, 2007.


Documents

107.25 107.24 Subd.5. 107.26 107.23 107.27 …...Article6Miscellaneous April07,201208:33AM HouseLanguageH2294-3 SenateLanguageUEH2294-1 132.1 ARTICLE6 132.2 MISCELLANEOUS 107.20 5