Session Year 2001, Special Session 1

Bill Name: HF0003

hf3 Omnibus health and human services appropriations bill. ARTICLE 1 DEPARTMENT
OF HEALTH Section 1: Repealer. Sec. 2: Health care electronic data interchange
operation agency changed. Sec. 3: Rules variance application fee increased. Sec.
4: Federal agencies exempted from fees. Sec. 5: Well notification fees
increased. Sec. 6: Property owner permit fees increased. Sec. 7: Well disclosure
fees increased. Sec. 8: Well contractor's license application fee increased.
Sec. 9: Well contractor's license fee increased. Sec. 10: Well contractor's
license renewal application fee increased. Sec. 11: License renewal late fee
established. Sec. 12: Well boring contractor's license application fee
increased. Sec. 13: Well boring contractor's license fee increased. Sec. 14:
Renewal well boring contractor's license application fee established. Sec. 15:
License renewal late fee established. Sec. 16: Elevator shaft contractor's
license application fee increased. Sec. 17: Elevator shaft contractor's license
fee increased. Sec. 18: Elevator shaft contractor's license renewal fee
increased. Sec. 19: License renewal late fee established. Sec. 20: Monitoring
well contractor registration application fee increased. Sec. 21: Renewal
application fee for a monitoring well contractor's registration established.
Sec. 22: Late renewal fee established. Sec. 23: Drilling machine registration
fee increased. Sec. 24: Health standards for drinking water and air quality
established. Sec. 25: Agreement dates modified. Sec. 26: Radioactive material
license required, fees established. Sec. 27: Vital records surcharge expiration
date eliminated. Sec. 28: Otter Tail county nonfederal hospital construction
project prohibited. Sec. 29: Water test fees increased and established. Sec. 30:
Home care recipient rights clarified. Sec. 31: Assisted living home care
provider compliance with disclosure provisions required. Sec. 32: Establishment
registration requirements modified. Sec. 33: Elderly housing contract inclusion
of toll free complaint line for office of ombudsman of older Minnesotans
required. Sec. 34: Contents of contracts in permanent files modified. Sec. 35:
Statutory reference modified. Sec. 36: Suicide prevention public health goals
and prevention plan established. Sec. 37: Duties of advisory task force
modified. Sec. 38: Community health board allocation provided. Sec. 39:
Statutory reference changed. Sec. 40: License and establishment fees for food
and beverage establishments modified. Sec. 41: Exemptions for home schools
provided. Sec. 42: Metropolitan access commission allowed to adopt local
regulations. Sec. 43: Disclosure of special care status required. Sec. 44:
Incentives for magnet hospitals provided and recommendations made. Sec. 45:
Study on factors influencing patient care and patient safety initiated. Sec. 46:
Study on impact of workforce shortage on health care costs initiated. Sec. 47:
Study on medications dispensed in schools initiated. Sec. 48: Repealer.ARTICLE 2
HEALTH CARESection 1: Commissioner of human services duties modified to include
federal drug rebate program administration. Sec. 2: Purchasing alliance
stop-loss fund related definitions provided, account created, reimbursement
provided, and details provided. Sec. 3: Retired dentist program detailed. Sec.
4: Dental practice donation program detailed. Sec. 5: Hospital surcharge not
considered allowable cost for rate setting purposes. Sec. 6: American Indian
services contract detailed. Sec. 7: Income verification procedures provided.
Sec. 8: Telemedicine consultation expiration date eliminated. Sec. 9: Medical
assistance drug coverage modified. Sec. 10: Drug utilization review board
reimbursement provided. Sec. 11: Indian Health Services Facilities provisions
established relating to MinnesotaCare payments. Sec. 12-13: Targeted case
management services for vulnerable adults and persons with developmental
disabilities provided and detailed. Sec. 14: Dental access advisory committee
established. Sec. 15: Dental services demonstration project established. Sec.
16: Alternative integrated long-term care services provided for persons with
disabilities. Sec. 17: Hospital outpatient reimbursement payment procedures
modified. Sec. 18: Commissioner's duties modified. Sec. 19: Nonpayment of
premium and subsequent disenrollment time period modified. Sec. 20: Indian
Health Service Facility coverage detailed. Sec. 21: Deadline extended. Sec. 22:
Regulatory simplification for state health care program providers
provided.ARTICLE 3 CONTINUING CARESection 1: Statutory reference changed. Sec.
2: Residential program payment rate adjustment modified and cost recovery
detailed. Sec. 3: Restrictions on county eligibility for a guaranteed floor
removed. Sec. 4: Chemical dependency service rates for American Indians
improved. Sec. 5: Case management service grants to people with HIV or AIDS
provided. Sec. 6: Consumer support grant program purpose and goals clarified.
Sec. 7: Definitions of "supports" and "local agency" modified. Sec. 8: Grant
application eligibility criteria clarified. Sec. 9: "Alternative care program"
eliminated from support grant descriptions and nonparticipating county
regulations established. Sec. 10: "Alternative care" removed from reimbursement
descriptions, unexpended grant funds directed, and reimbursement procedures
detailed. Sec. 11: Commissioner no longer allowed to apply for federal waivers.
Sec. 12: Commissioner consumer support grant allocation duties detailed. Sec.
13: Private duty nursing regulations clarified. Sec. 14: Personal care services
changed to "personal care assistant services." Sec. 15: Personal care
"assistant" specified. Sec. 16: Mental health case management service payment
eligible residency time periods increased. Sec. 17: Terms relating to targeted
case management defined. Sec. 18: Relocation targeted case management
eligibility requirements provided. Sec. 19: Relocation targeted case management
provider qualifications provided. Sec. 20: Home care targeted case management
provider qualifications established. Sec. 21: Services eligible for medical
assistance reimbursement provided. Sec. 22: Case manager time line regulations
established. Sec. 23: Targeted case management delivery evaluation initiated.
Sec. 24: Face-to-face and contact information documented. Sec. 25: Targeted case
management payment rate regulations and provisions established. Sec. 26:
"Activities of daily living" defined. Term "toileting" established. Various
related terms defined and or clarified. Term "telehomecare" established. Sec.
27: Personal care changed to personal care "assistant." Sec. 28: Personal care
assistant services eligible for payment provided. Sec. 29: Payment limitations
for nurse visits modified. Sec. 30: Hospice eliminated from list of ineligible
services. Sec. 31: Shared personal care assistant services regulations
clarified. Sec. 32: Fiscal agent option renamed the fiscal intermediary option
and language revised. Sec. 33: "Nonwaivered" changed to "regular." Sec. 34:
Consumer directed home care demonstration project created and detailed. Sec. 35:
Telehomecare regulations established. Sec. 36: Occupational and physical therapy
coverage regulations established. Sec. 37: Private duty nursing hardship
criteria provided. Sec. 38: Personal care assistant service quality assurance
plan created. Sec. 39: Preadmission screening of individuals under 65 required.
Sec. 40: Consumer-directed community support services availability increased.
Sec. 41: Annual commissioner report date modified. Sec. 42: Legal representative
participation exception modified. Sec. 43: Federal waivers for persons with
mental retardation and related conditions ensured. Sec. 44: Traumatic brain
injury program duties no longer include approving waiver eligibility. Sec. 45:
Commissioner duties established. Sec. 46: Informed choice regulations
established. Sec. 47: Case management regulations for waiver recipients created.
Sec. 48: Recipient assessment procedures provided. Sec. 49: Individualized
service plan requirements established. Sec. 50: Services and supports for
community-based waivers provided. Sec. 51: Approved vendor reimbursement
provided. Sec. 52: Health and welfare protected. Sec. 53: "Institution" defined.
Sec. 54: "Shelter costs" defined. Sec. 55: "Shelter needy" defined, standards of
assistance expanded. Sec. 56: Day training and habilitation task force
membership expanded to include commissioner of human services. Sec. 57:
Semi-independent living services study initiated. Sec. 58: Spousal income waiver
request authorized. Sec. 59: Federal waiver requests initiated.ARTICLE 4
CONSUMER INFORMATIONSection 1: Long-term care consultation services purpose and
goal provided. Sec. 2: "Long term care consultation services" and "Minnesota
health care programs" defined. Sec. 3: Long-term care consultation team
established. Sec. 4: Community-based living assessment and support planning
procedures established. Sec. 5: Transition assistance provided to persons in a
nursing facility. Sec. 6: Preadmission screening activities related to nursing
facility admissions required. Sec. 7: Federal screening requirement exemptions
and emergency admissions detailed. Sec. 8: Screening requirements provided. Sec.
9: Language updated. Sec. 10: Long term care consultation service payment
procedures and regulations provided. Sec. 11: Certified nursing facility
reimbursements provided and regulations modified. Sec. 12: Alternative care
program purpose clarified. Sec. 13: Service eligibility requirements modified
and language updated. Sec. 14: Nonmedical assistance recipient criteria
modified. Sec. 15: Alternative care covered services list expanded, language
setting maximum payment rates for foster care services, assisted living
services, and residential care services modified, and governing procedures for
cash payments under the alternative care program placed in the subdivision
language. Sec. 16: Alternative care program lead agency contracting with
American Indian tribes authorized. Sec. 17: Language relating to ensuring health
and safety of individual clients in alternative care clarified. Sec. 18:
Documentation verifying alternative care availability not required. Sec. 19:
Certain contracting provisions for providers eliminated. Sec. 20: Alternative
care allocation formula modified. Sec. 21: Deadlines for targeted funding
extended and determination criteria modified. Sec. 22: Technical changes
provided relating to county biennial plan. Sec. 23: Reimbursement adjustments
changed to "payment" adjustments, statewide maximum service limits provided.
Sec. 24: Commissioner's duties relating to elderly waiver modified. Sec. 25:
Case, rate, payment, and forecasting limits provided. Sec. 26-27: Language
updated. Sec. 28: Respite care report initiated. Sec. 29: Repealer.ARTICLE 5
LONG-TERM CARE SYSTEM REFORM AND REIMBURSEMENTSection 1: Appropriateness and
quality care and services review time limit established. Sec. 2: Resident
reimbursement classifications established, terms defined, and details provided.
Sec. 3: Moratorium on licensure of new nursing home projects that exceed
,000,000 dollars enacted. Sec. 4: "Technology" defined. Sec. 5: Language updated
to reflect changes made in Section 2. Sec. 6: Submitted proposal review criteria
modified. Sec. 7: Conforming use consideration provided for reuse of nursing
home facilities. Sec. 8: Facility reimbursement payment rate regulations during
first 90 days provided. Sec. 9: Raw food cost adjustment excluded. Sec. 10:
Nursing facilities located in counties participating in prepaid medical
assistance program no longer exempt from separate therapy billing. Sec. 11: Case
mix system for nursing facilities implemented. Sec. 12: Data report summary
required and format provided. Sec. 13: Expiration date extended. Sec. 14:
Language relating to moratorium exception process clarified and dates extended.
Sec. 15: Minimum staffing standards report required. Sec. 16: Regulatory
flexibility requirements established. Sec. 17: Report on facility closures
required. Sec. 18: Revisor instruction provided. Sec. 19: Repealer.ARTICLE 6
WORKFORCE RECRUITMENT AND RETENTIONSection 1: "Qualifying consortium" definition
modified. Sec. 2: Training and retention program grants provided. Sec. 3: Local
match requirements modified. Sec. 4: Marketing and recruitment strategies
expanded and clarified. Sec. 5: Expedited grant process initiated. Sec. 6:
Repealer.ARTICLE 7 REGULATION OF SUPPLEMENTAL NURSING SERVICES AGENCIESSection
1: Terms relating to supplemental nursing services agencies defined and scope
provided. Sec. 2: Supplemental nursing services agency registration required.
Sec. 3: Nursing services registration requirements provided. Sec. 4: Complaint
system established. Sec. 5: Maximum charge regulations established. Sec. 6:
Supplemental nursing services agency use report required.ARTICLE 8 LONG-TERM
CARE INSURANCESection 1: Application provision relating to policies issued after
January established. Sec. 2: Premium and premium increase regulations provided.
Sec. 3: Nonforfeiture benefits established. Sec. 4: "Exceptional increase"
defined. Sec. 5: "Incidental" defined. Sec. 6: "Qualified actuary" defined. Sec.
7: "Similar policy forms" defined. Sec. 8: Certain information required to be
submitted to the commissioner. Sec. 9: Rating practice disclosure required. Sec.
10: Minimum loss ratio applicability standards modified. Sec. 11: Premium rate
schedule increases regulated. Sec. 12: Nonforfeiture benefit requirements
established. Sec. 13: Long-term care insurance promoted.ARTICLE 9 MENTAL HEALTH
AND CIVIL COMMITMENTSection 1: Exclusion or reduction of health care coverage on
the basis that the need for health care arose out of a suicide attempt or a
suicide by the enrollee prohibited. Sec. 2: Nonformulary drugs for mental
illness and emotional disturbance coverage provided. Sec. 3: Court-ordered
mental health services coverage provided. Sec. 4: Definition of "day treatment
services" modified. Sec. 5: "Mental health crisis services" defined. Sec. 6:
Definition of "mental health professional in psychology" clarified. Sec. 7:
"Significant impairment in functioning" defined. Sec. 9: Definition of "day
treatment services" modified. Sec. 10: "Mental health crisis services" defined.
Sec. 11 "Mental health professional" defined. Sec. 12: Statutory references
updated. Sec. 13: Appropriate setting to receive mental health services
established. Sec. 14: Treatment screening procedures and restrictions provided.
Sec. 15: Eligibility criteria for individuals to receive help for severe
emotional disturbances modified. Sec. 16: Crisis housing assistance program
purpose clarified. Sec. 17: "Interested person" definition modified. Sec. 18:
Periodic mental health assessment right established. Sec. 19: Rights
notification to people admitted or committed to a mental health treatment
facility required. Sec. 20: Authorized health care proxy allowed to exercise
patient's rights. Sec. 21: Voluntary admission and treatment regulations
modified. Sec. 22: Substitute decision maker allowed for voluntary admission.
Sec. 23: Substitute decision maker court appointment provided. Sec. 24: "Mental
health services" defined and coverage outlined. Sec. 25: Language clarified,
examiner requirements established relating to patients rights. Sec. 26: Early
intervention criteria established. Sec. 27: Treatment alternatives
hospitalization maximum stay lengthened. Sec. 28: Screening team member
designated and investigation format provided.. Sec. 29: Petition format modified
relating to use of neuroleptic medications. Sec. 30: Language clarified. Sec.
31: Standard of proof language clarified. Sec. 32: Private treatment regulations
established. Sec. 33: Case management regulations concerning tribal agencies
established. Sec. 34: Mental health provider travel time coverage provided. Sec.
35: Mental health provider appeal process detailed. Sec. 36: Prepaid plans and
mental health rehabilitative services established. Sec. 37: Maintenance of
effort for certain mental health services established. Sec. 38: Dispositions
clarified. Sec. 39: Payment system for adult residential services grants
developed. Sec. 40: Notification regarding establishment of continuing care
benefit program required. Sec. 41: Data regarding county commitment costs
presented.ARTICLE 10 ASSISTANCE PROGRAMSSection 1: Program disqualification
standards clarified. Sec. 2: "MFIP standard of need" definition modified. Sec.
3: "Person trained in domestic violence" defined. Sec. 4: Application locations
for assistance language clarified. Sec. 5: County agency responsibilities
expanded. Sec. 6: Application form submission procedure modified. Sec. 7:
Applicant screening required and procedure provided. Sec. 8: Interview to
determine MFIP referrals and services required and procedure provided. Sec. 9:
Caregivers required for minors to be included in assistance units. Sec. 10:
Language modified. Sec. 11: MFIP exit level regulations modified. Sec. 12:
Required written notification of adverse actions format clarified. Sec. 13:
Director's designee added to language concerning protective and vendor payments.
Sec. 14: Language clarified. Sec. 15: "Indian country" replaces "Indian
reservation." Sec. 16: Face-to-face orientation required for MFIP. Sec. 17:
Emergency application processing provided. Sec. 18: "Alternative employment
plan" defined. Sec. 19: "Family" violence replaces "domestic" violence and
procedures for filing related claims provided. Sec. 20: "Work activity"
definition modified. Sec. 21: Access to persons trained in domestic violence
provided. Sec. 22: Notice of intent to sanction legibility regulations
established. Sec. 23: Caseload-based funds allocation for MFIP money modified.
Sec. 24: MPIP-S changed to MFIP and language updated. Sec. 25: Commissioner of
economic security powers modified. Sec. 26: Revisor instruction provided.ARTICLE
11 CHILD WELFARE AND FOSTER CARESection 1: Annual report on child maltreatment
required. Sec. 2: Language clarified, statutory reference added. Sec. 3:
"Maltreatment of a child in the facility" added to related language of child
neglect or abuse. Sec. 4: Duties of facility operators clarified. Sec. 5: Joint
training methods for interviewing alleged victims of child abuse established.
Sec. 6: Child welfare cost consolidation report required. Sec. 7: Study of
outcomes for children in the child protection system required.ARTICLE 12 CHILD
SUPPORTSection 1: Financial institution fees for providing account information
to public authorities authorized. Sec. 2: "Direct support" defined. Sec. 3:
Child support enforcement cooperation regulations modified. Sec. 4: Direct
support retained by a caregiver not required to be counted as unearned income.
Sec. 5-6: "Cases" now referred to as "children." Sec. 7: Administrative
penalties established. Sec. 8: Employer or payor sanction of funds authorized.
Sec. 9: "Shall" replaced with "may." Sec. 10: "Unclaimed support funds" defined.
Sec. 11: Unclaimed support fund regulations established. Sec. 12: Payor of funds
responsibilities modified to include intentional noncompliance. Sec. 13:
Collection and arrearage guidelines modified. Sec. 14: Retroactive modification
arrangements in instances of institutionalization or incarceration provided.
Sec. 15: Language clarified. Sec. 16: Cost-of-living notification requirements
simplified. Sec. 17: Procedures for contesting cost-of-living adjustment
established. Sec. 18: Child support magistrate added to language. Sec. 19:
Changes made to reflect those in section 14. Sec. 20: Repealer.ARTICLE 13
MISCELLANEOUSSection 1: Penalties for breach of contract expanded. Sec. 2:
Temporary permit eligibility criteria clarified. Sec. 3: Certification of
advanced practice registered nurses standards modified. Sec. 4-5: Background
check fee deposit guidelines established. Sec. 6: Health related licensing board
refusal to grant a license regulations established. Sec. 7: "Guardianship
service providers" defined. Sec. 8: "Comprehensive evaluation" definition
modified. Sec. 9: "Case manager" definition modified. Sec. 10: Commissioner
special duties restricted. Sec. 11: Annual review required. Sec. 12: Statutory
reference clarified. Sec. 13: Witness and attorney fee coverage provided for
employees of the mental health mental retardation board. Sec. 14: Suicide
statistics no longer defined as a "crime" statistic. Sec. 15: Deaf blind
services study initiated. Sec. 16: Public guardianship alternatives established.
Sec. 17: Repealer. ARTICLE 14 DHS LICENSING AND LICENSING BACKGROUND
STUDIESSection 1: Informing license holder of maltreatment problems authorized
and related notification procedures established. Sec. 2: Supplemental nursing
service personnel added to background study regulations. Sec. 3:
Disqualification procedures and provisions removed from maltreatment language
and new procedures detailed. Sec. 4: Statutory reference added. Sec. 5:
"Certification" defined. Sec. 6: "License holder" definition modified. Sec. 7-8:
Exceptions clarified. Sec. 9: Right for residential programs to seek
certification provided. Sec. 10: Statutory reference added. Sec. 11: Background
study format modified, related terms defined. Sec. 12: Subject and license
holder study results notification procedure clarified and dates modified. Sec.
13: Individuals determined to have maltreated a child authorized to request
reconsideration and subsequent procedures detailed. Sec. 14: Scope of contested
maltreatment cases summarized. Sec. 15: Disqualification criteria for
individuals charged with maltreatment provided and consequences detailed. Sec.
16: Limited time variance for a disqualified person provided. Sec. 17: Language
clarified. Sec. 18: Additional requirements to education program established.
Sec. 19: Application denial criteria clarified. Sec. 20: Fines removed from
regulations relating to correction orders; conditional licenses provided. Sec.
21: Sanction regulations, license suspension, license revocations, and related
situations detailed. Sec. 22: Appeal hearing conduct and procedures clarified.
Sec. 23: Sudden infant death syndrome risk reduction in child care programs
project initiated. Sec. 24: Authority delegation to agencies provided. Sec. 25:
Sanction possibilities clarified. Sec. 26: Statutory references updated. Sec.
27: Standards of evidence for maltreatment and disqualification hearings
established. Sec. 28: Statutory references updated. Sec. 29: Immediate report of
maltreatment required. Sec. 30: Administrative reconsideration of final
disposition of maltreatment and disqualification based on serious or recurring
maltreatment provided. Sec. 31: "Neglect" defined. Sec. 32: Federal law change
request or waiver provided. Sec. 33: Waiver from federal rules and regulations
provided. Sec. 34: Revisor instruction. Sec. 35: Repealer.ARTICLE 15 VITAL
STATISTICSSection 1: "Delayed registration" definition modified. Sec. 2: "File"
definition modified. Sec. 3: "Registration" definition modified. Sec. 4: "System
of vital statistics" definition modified. Sec. 5: "Vital record" definition
modified. Sec. 6: "Vital statistics" definition modified. Sec. 7: "Consent to
disclosure" definition modified. Sec. 8: Registration district language
clarified. Sec. 9: Local registrar duties simplified. Sec. 10: Language
modified. Sec. 11: Certificate of birth replaced with "record" of birth. Sec.
12-19: "Certificate" replaced by "record," "office of vital statistics" replaced
with "office of state registrar." Order filing requirements simplified. Sec. 20:
Sudden infant death reporting time frame specified. Sec. 21: Marriage reporting
procedure modified. Sec. 22: Statutory reference added. Sec. 23: Birth data
language clarified. Sec. 24: Health data relating to birth registration
requirements specified. Sec. 25: "Vital records" replaces "certificates." Sec.
26: Certified death record issuance required. Sec. 27: Access regulations to
original birth record after adoption provided. Sec. 28: Services requiring a fee
specified and language updated. Sec. 29: Certificate replaced with the word
"record." Sec. 30: Language updated. Sec. 31: Statutory reference added. Sec.
32: Revisor instructions. Sec. 33: Repealer. ARTICLE 16 APPROPRIATIONSSection 1:
Health and human services appropriations provided. Sec. 2: Appropriations to
commissioner of human services summarized by fund. Sec. 3: Appropriations to
commissioner of health summarized by fund. Sec. 4: Appropriations to Veterans
nursing home board summarized by fund. Sec. 5: Appropriations to health-related
boards summarized by fund. Sec. 6: Appropriations to emergency medical services
board summarized by fund. Sec. 7: Council on disability money appropriated. Sec.
8: Ombudsman for mental health and mental retardation provided. Sec. 9:
Ombudsman for families provided.ARTICLE 17 APPROPRIATIONSSection 1: Criminal
justice appropriations provided. Sec. 2: Board of public defense money
appropriated. Sec. 3: Corrections department money appropriated. Sec. 4:
Sentencing guidelines commission money appropriated.AE