Legislative Session number- 87

Bill Name: SF0760

4E Relating to the organization, operation and financing of state government;
establishing the health and human services budget; redesigning delivery;
modifying certain provisions relating to health care, human services and health
licensing boards

ARTICLE 1 - CHILDREN AND FAMILY SERVICES

Allowing a
defined adult family member absence; reducing the at-home infant child care
program assistance amount rate; defining qualifying child for child care
assistance; prohibiting payment of child care funds for children and child care
providers sharing the same residence; specifying conditions for child care
assistance in the child's home; requiring legal nonlicensed family child care
provider first aid and CPR training and verification; decreasing child care
assistance county subsidies and placing maximum payment restrictions; reducing
absent days for reimbursement; regulating electronic benefit transfer (EBT) card
use; modifying residency and eligibility requirements for Minnesota family
investment program (MFIP) and general assistance (GA); specifying a minimum
county general assistance GA amount; eliminating certain general assistance GA
county monthly allowance payments; modifying community social services; defining
supplementary services to group residential housing residents; modifying group
residential individual eligibility requirements and regulating county
agreements; increasing the Minnesota family investment program (MFIP) residency
requirement and modifying property limitations, treatment of supplemental
security income, the work activity definition, and postsecondary education or
training approval; creating and providing for the adult assistance grant program
as a capped allocation to counties for adult assistance, requiring residency;
modifying juvenile treatment screening provisions; requiring screenings to be
conducted within a certain number of days and requiring the team to have a
parent or guardian member, clarifying conduct of and case plan preparation
oversight; requiring county quarterly distribution of remaining nonfederal share
of fees for the child support enforcement program; requiring liquor and tobacco
stores, gambling establishments, and tattoo parlors to negotiate to block
electronic benefit transaction (EBT) card cash transactions; establishing the
Minnesota EBT business task force; requiring a streamlining alternative to
current reporting for the children and community services act; repealing various
human services relating to child and medical support and general assistance
GA

ARTICLE 2 - DEPARTMENT OF HEALTH

Requiring health maintenance
organizations (HMO) annual report administrative expenses definition to be
consistent with the national association of insurance commissioners (NAIC);
modifying health care cost containment duties, expenditure reporting, clinical
medical training application process and funding amounts and funds distribution;
requiring Alzheimer's disease prevalence and screening measures; modifying the
dental designated rural area; qualifying statewide tobacco prevention and local
tobacco prevention grants awards availability; modifying certification of
environmental laboratories requirements by creating exemptions for national
standards for quality control and personnel and for proficiency testing
frequency; requiring the commissioner to apply for waivers from federal rules
and regulations for nursing homes and home care; requiring certain electronic
data transmissions; requiring the emergency medical services regulatory board to
convene a working group to redesign certain policies; prohibiting the practice
of cloning of human beings; qualifying family planning grants and eliminating
health disparities grants availability; prohibiting state grants from the
commissioner to organizations performing or making patient referrals for
abortions; requiring the White Earth band of Ojibwe Indians to establish and
operate an urban clinic to serve the White Earth tribe; providing for community
mental health center grants and grants to expand community health centers;
defining family service providers and requiring permission for certain sharing
certain information for family services; defining a limited food establishment;
regulating variance applications from state agency rules for food inspection
frequency and risk categories; requiring the commissioner of health in
consultation with the commissioner of human services to evaluate and recommend
options for reorganizing health and human services regulatory responsibilities;
requiring the commissioner of health to contract for a study of for-profit
health maintenance organizations (HMO); establishing the Minnesota task force on
prematurity; requiring commissioner nursing home regulatory efficiency with
regard to unnecessary reporting; repealing certain provisions relating to health
care cost containment expenditure, data collection and processing procedures,
prescription drug price disclosure, data from providers, summer health care
interns, the rural hospital planning and transition grant program, and promotion
of health care and long-term care careers

ARTICLE 3 -
MISCELLANEOUS

Expanding licensing classification requirements for special
family day care homes; requiring the commissioner of human services to conduct
background studies when initiated by a children's therapeutic services and
supports provider and requiring costs recovery; controlling the cost for
performing a level of need determination for nonemergency medical
transportation, exemption; specifying medical transportation mileage
determination; allowing backgrounds studies requirements to be met by children's
therapeutic services and supports services; specifying spousal contribution for
medical assistance (MA) for long-term care services; modifying the timeline for
compliance with elevator code changes affecting existing elevators and related
devices; requiring the commissioner to develop a proposal to create a single
administrative structure for providing nonemergency medical transportation
services

ARTICLE 4 - HEALTH RELATED LICENSING

Requiring Minnesota
management and budget (MMB) to set chiropractic board and board of behavioral
health and therapy license renewal fees; imposing an animal chiropractic
registration fee; authorizing the board of nursing to accept and expend grants
or gifts and accept registration fees for meetings; modifying permit procedure;
establishing nurse professional fees; enacting "The Nurse Licensure Compact"
defining terms, specifying application of compact to existing law and compact
withdrawal, and establishing a nurse licensure compact advisory committee;
specifying fees for the board of marriage and family therapy; specifying certain
dentistry professional fees and pharmacy professional fees; establishing
administrative services for health-related licensing boards to perform certain
administrative, financial, and management functions

ARTICLE 5 - HEALTH
CARE

"Freedom of Choice in Health Care Act"; providing a statement of public
policy declaring every resident of Minnesota has freedom of choice in health
care, prohibiting penalties and requiring attorney general injunctive relief;
requiring the Minnesota comprehensive health association (MCHA) to offer a
high-deductible, basic plan meeting certain requirements, specifying deductible,
out-of-pocket maximums, and coverage, permitting enrollment with a waiver of the
preexisting condition limitation under certain conditions; modifying state
growth limits methodology review, prohibiting billing for procedures to correct
medical errors, providing legislative oversight, directing contingency contract
fees allowable use, regulating rates rebasing; requiring medical assistance (MA)
application modification to reflect military service; removing an MA asset
limitation exemption; modifying nonresident MA eligibility; requiring the
commissioner to implement a program to reduce the number of elective childbirth
inductions of labor; limiting specialized maintenance therapy; increasing
chiropractic services under MA; allowing MA coverage for acupuncture; modifying
MA payment rate determination for pharmaceuticals, medication therapy management
services, transportation costs, ambulance services payment, augmentative and
alternative communication systems, and co-payments (cost-sharing); specifying MA
conditions for third-party liability authorization, payment for noncovered
services, medical service coordination, payment for part B Medicare crossover
claims, early and periodic screening, services provided by advanced dental
therapists and cost-sharing, deductibles; permitting providers to limit new MA,
general assistance medical care (GAMC), and MinnesotaCare patient eligibility
for rehabilitative services; requiring waiver of health care home certification
requirements and county local services coordination; requiring hospitalization
rates reduction as part of the performance targets; modifying the medical
education and research fund; requiring the commissioner to enroll persons with
disabilities in managed care under prepaid health plans and providing for opt
out; establishing a method for determining provider payment rates for providers
serving MA and MinnesotaCare patients; requiring the commissioner to require
managed care and county-based purchasing plans to provide health education,
wellness training, and preventive services benefits; establishing the
complementary and alternative medicine demonstration project; requiring the
commissioner to apply for a waiver and state plan amendments from federal law to
be known as the Minnesota Consumer Health Opportunities and Innovative Care
Excellence (CHOICE) waiver and requiring the governor to establish a joint
commission on CHOICE waiver implementation; establishing principles and goals
for MA reform; specifying CHOICE waiver application requirements; modifying GA
program dates, eligibility requirements, coordinated care delivery systems, and
coordinated care delivery rate setting and payments; modifying the MinnesotaCare
gross individual or gross family income period of eligibility and adding a
family deductible and certain co-payments; establishing the healthy Minnesota
contribution program for MinnesotaCare enrollees; changing income qualifications
for MinnesotaCare and requiring citizenship status; requiring earned and
unearned income verification, more frequent eligibility renewal, veteran
referral to county veterans service officers, commissioner coordinated care for
children with high-cost mental health conditions, MMB regulatory simplification
and report reduction work group convention, specialized maintenance therapy,
benefit set options, reduced hospitalization rates, Medicaid fraud prevention
and detection, and new strategies for wound care treatment; prohibiting state
funds set use to implement the Patient Protection and Affordable Care Act;
requiring the commissioner to suspend implementation and administration of the
early MA expansion; reviving the general assistance medical care (GAMC) program;
repealing the legislative oversight commission and the MinnesotaCare eligibility
exception for children; repealing certain health care provisions related to
children, income, and grace month in MinnesotaCare; repealing MA adults without
children coverage and the Hennepin and Ramsey counties pilot program

ARTICLE
6 - CONTINUING CARE

Authorizing designation of state agency programs as
performance-based organizations to provide the best services in the cost
effective manner to people with disabilities; requiring implementation of a
performance-based agreement; modifying the parental contribution amount for
children with disabilities services and the disability linkage line purpose;
requiring certain amounts from the money follow the person rebalancing
demonstration project to be transferred from medical assistance (MA) in the
general fund to the special revenue fund; requiring local agencies to act on MA
applications within a certain time period; modifying MA requirements for
employed persons with disabilities; allowing personal care assistant payments
for relative caregivers and specifying payment and fine amounts; modifying the
long-term care consultation services definition, long-term care consultation
team assessment and support planning requirements, and the Medicaid waiver for
elderly services; changing consumer-directed community support services to
self-directed support services for elderly and disabled waivered programs;
modifying services for persons with developmental disabilities; enacting a state
quality assurance, quality improvement, and licensing system for Minnesotans
receiving disability services, requiring a state quality council and regional
quality councils; modifying residential facility payment restrictions, alternate
rates, nursing facility planned closure rate adjustment, and proximity
adjustments; establishing a rate increase for low-rate nursing facilities;
expanding nursing facility prohibited practices; modifying home and
community-based service waivers for the disabled; increasing the daily rate for
an intermediate care facility for the developmentally disabled (ICF/MR) in
Clearwater county; allowing an ICF/MR rate adjustment; removing certain previous
appropriations for alternative to personal care assistance services; requiring
the establishment of rates for shared home and community-based waiver services,
the establishment of rate for case management services, and recommendations for
further case management redesign; establishing the my life, my choices task
force for people with disabilities; requiring the ombudsman for long-term care
to develop a work group to address certain issues; requiring counties to inform
individuals receiving service reductions of right to request informal review
conferences; requiring a report on nursing facility pilot project
development

ARTICLE 7 - CHEMICAL AND MENTAL HEALTH

Modifying the sex
offender program reimbursement; regulating lay-offs for staff working with
persons with developmental disabilities; authorizing the commissioner to
contract with the federal Indian health service for care and treatment of
committed White Earth band Ojibwe Indians; increasing the local share of the
division of costs for chemical dependency treatment; limiting the number of
residential chemical dependency treatments; specifying scoring for residential
setting treatment eligibility; modifying commissioner federal financial
participation collections allocation; extending medical assistance (MA) coverage
for residential services for children with severe emotional disturbance to
rehabilitative services provided by American Indian tribes; requiring the
commissioner to issue a legislative report on how community behavioral health
hospital facilities will be utilized to meet regional mental health needs;
requiring the commissioner to require individuals performing chemical dependency
assessments or mental health diagnostic assessment to screen for integrated dual
diagnosis treatment; requiring the commissioner to make a legislative report on
Anoka-Metro regional treatment center and the Minnesota security hospital at St.
Peter management adequacy; requiring the commissioner to develop criteria for
residential chemical dependency treatment; repealing the requirement for
Anoka-Metro regional treatment center mental health services
development

ARTICLE 8 - REDESIGNING SERVICE DELIVERY

Requiring the
commissioner to develop a plan to transfer legal responsibility for providing
child protection to White Earth band children residing in Hennepin county to the
White Earth band; allowing alternative formats for prepaid health plan
documents; specifying general assistance (GA), Minnesota family investment
program (MFIP) and food stamp overpayment time limits; including Indian tribes
in service delivery authorities; requiring the steering committee on performance
and outcome reforms to identify and incorporate federal performance measures in
recommendations for programs with contingent federal funding; allowing the
commissioner to adjust state and federal program allocations for
underperformance and assigning county financial responsibility; modifying
state-county results, accountability and service delivery redesign council
duties; authorizing and providing for counties, tribes, or consortia service
delivery authority establishment and classifying employers and employees as
public and providing a transition to a new bargaining unit structure; providing
county electronic verification procedures, alignment of program policy and
procedures, alternative strategies for certain redeterminations, and
simplification of eligibility and enrollment process; requiring the commissioner
to transfer legal responsibility for providing human services to the White Earth
band of the Ojibwe tribe; repealing designation of service delivery authority
and essential services outside jurisdiction of service delivery
authority

ARTICLE 9 - HUMAN SERVICES FORECAST ADJUSTMENTS

Providing a
summary of department of human services forecast adjustment
appropriations

ARTICLE 10 - HEALTH AND HUMAN SERVICES
APPROPRIATIONS

Providing a summary of appropriations; providing terms and
conditions for systems project receipts, nonfederal share transfers, temporary
assistance for needy families (TANF) maintenance of effort (MOE), working family
credit expenditures, federal child care and development fund, food stamps
employment and training funds, American recovery and reinvestment act (ARRA)
food support benefit increases, supplemental security interim assistance
reimbursement funds, and fund transfer requirements; appropriating money to the
commissioner of human services for central office operations, cost settlements,
children and families, health care, continuing care, chemical and mental health,
Minnesota family investment program/diversionary work program (MFIP/DWP), child
care assistance, general assistance (GA) and adult assistance, Minnesota
supplemental aid funds, group residential housing, MinnesotaCare grants, GAMC,
medical assistance (MA), alternative care, chemical dependency entitlement,
support services, basic sliding fee child care assistance, child care and
development, child support enforcement, children's services, children and
community services, children and economic support, aging and adult services,
deaf and hard-of-hearing, disabilities, adult mental health, children's mental
health, and chemical dependency nonentitlement grants, and for state-operated
services and the sex offender program, providing terms and conditions for
managed care incentive payments, capitation payment delay, certain reductions,
programs growth management and limits, reductions, and personal care assistance
relative care; appropriating money to the commissioner of health for community
and family health promotion, policy quality and compliance, health protection,
and administrative support services; appropriating money to the council on
disability, the ombudsman for mental health and developmental disabilities, the
ombudsperson for families, the health-related boards, and to the emergency
medical services regulatory board; dedicating the federal administrative
reimbursement to decrease unnecessary pharmaceutical costs in MA; reducing
previous community service/service development grants; eliminating the
developmental disability waiver acuity factor; reducing other continuing care
grants; appropriating money for deaf and hard-of-hearing grants and requiring a
onetime adjustment; authorizing the commissioner of human services to transfer
unencumbered appropriation balances among public assistance programs; allowing
the departments of health and human services to transfer positions, salary
money, and nonsalary administrative money within the departments; prohibiting
indirect cost allocations use to pay for program operational costs
(rt)