1.1 	A bill for an act
1.2 	relating to state government; making changes to health and human services policy 
1.3 	provisions; modifying health insurance provisions; amending family stabilization 
1.4 	services; modifying certain requirements for licensed health professionals; 
1.5 	amending disability services and medical assistance provisions; requiring reports;
1.6 	amending Minnesota Statutes 2010, sections 62J.497, subdivision 2; 145.881, 
1.7 	subdivision 1; 148.10, subdivision 7; 148.211, subdivision 1; 148B.5301, 
1.8 	subdivisions 1, 3, 4; 148B.54, subdivisions 2, 3; 148E.060, subdivisions 1, 2, 
1.9 	3, 5, by adding a subdivision; 148E.120; 149A.50, subdivision 1; 214.09, by 
1.10 	adding a subdivision; 256.0112, by adding a subdivision; 256.962, by adding a 
1.11 	subdivision; 256B.056, subdivision 1c; 256B.0625, subdivision 22; 256B.0644; 
1.12 	256B.0659, subdivision 30; 256B.27, subdivision 3; 256B.69, by adding a 
1.13 	subdivision; 256J.575, subdivisions 1, 2, 5, 6, 8; 256L.04, subdivision 7b; 
1.14 	Minnesota Statutes 2011 Supplement, sections 256B.0625, subdivision 17a; 
1.15 	256B.0911, subdivision 3a; 256B.0915, subdivisions 3e, 3h; Laws 2010, chapter 
1.16 	349, sections 1; 2; Laws 2010, First Special Session chapter 1, article 16, sections 
1.17 	8; 9; 10; proposing coding for new law in Minnesota Statutes, chapter 214.
1.18 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.19 	ARTICLE 1
1.20 	HEALTH CARE

1.21 	Section 1. Minnesota Statutes 2010, section 62J.497, subdivision 2, is amended to read:
1.22 		Subd. 2.Requirements for electronic prescribing. (a) Effective January 1, 2011, 
1.23 	all providers, group purchasers, prescribers, and dispensers must establish, maintain, 
1.24 	and use an electronic prescription drug program. This program must comply with the 
1.25 	applicable standards in this section for transmitting, directly or through an intermediary, 
1.26 	prescriptions and prescription-related information using electronic media.
1.27 	(b) If transactions described in this section are conducted, they must be done 
1.28 	electronically using the standards described in this section. Nothing in this section 
2.1 	requires providers, group purchasers, prescribers, or dispensers to electronically conduct 
2.2 	transactions that are expressly prohibited by other sections or federal law.
2.3 	(c) Providers, group purchasers, prescribers, and dispensers must use either HL7 
2.4 	messages or the NCPDP SCRIPT Standard to transmit prescriptions or prescription-related 
2.5 	information internally when the sender and the recipient are part of the same legal entity. If 
2.6 	an entity sends prescriptions outside the entity, it must use the NCPDP SCRIPT Standard 
2.7 	or other applicable standards required by this section. Any pharmacy within an entity 
2.8 	must be able to receive electronic prescription transmittals from outside the entity using 
2.9 	the adopted NCPDP SCRIPT Standard. This exemption does not supersede any Health 
2.10 	Insurance Portability and Accountability Act (HIPAA) requirement that may require the 
2.11 	use of a HIPAA transaction standard within an organization.
2.12 	(d) Notwithstanding paragraph (a), any clinic with two or fewer practicing 
2.13 	physicians is exempt from this subdivision if the clinic is making a good-faith effort to 
2.14 	meet the electronic health records system requirement under section 62J.495 that includes 
2.15 	an electronic prescribing component. This paragraph expires January 1, 2015.

2.16 	EFFECTIVE DATE. This section is effective retroactively from January 1, 2011.

2.17 	Sec. 2. Minnesota Statutes 2010, section 256.962, is amended by adding a subdivision 
2.18 	to read:
2.19 		Subd. 8.Coverage dates. The commissioner, upon the request of a managed care 
2.20 	or county-based purchasing plan, shall include the end of coverage dates on the monthly 
2.21 	rosters of medical assistance and MinnesotaCare enrollees provided to the plans. The 
2.22 	commissioner may assess plans a fee for the cost of producing the monthly roster of 
2.23 	enrollees with end of coverage dates.

2.24 	Sec. 3. Minnesota Statutes 2010, section 256B.69, is amended by adding a subdivision 
2.25 	to read:
2.26 		Subd. 9d.Limitation on reporting. Except as provided in subdivision 5a, 
2.27 	paragraph (c), relating to the attainment of performance targets, subdivision 9, paragraph 
2.28 	(a), relating to reporting of encounter data, and as expressly required by Code of Federal 
2.29 	Regulations, title 42, part 438, demonstration providers shall not be required to report data 
2.30 	to the commissioner, nor file reports derived from data reported to the commissioner, 
2.31 	unless the commissioner determines that this reporting is necessary for the commissioner 
2.32 	to provide oversight and ensure accountability related to expenditures under this section.

3.1 	ARTICLE 2
3.2 	HUMAN SERVICES

3.3 	Section 1. Minnesota Statutes 2010, section 256.0112, is amended by adding a 
3.4 	subdivision to read:
3.5 		Subd. 9.Contracting for performance. In addition to the agreements in 
3.6 	subdivision 8, a local agency may negotiate a supplemental agreement to a contract 
3.7 	executed between a lead agency and an approved vendor under subdivision 6 for the 
3.8 	purposes of contracting for specific performance. The supplemental agreement may 
3.9 	augment the lead contract requirements and rates for services authorized by that local 
3.10 	agency only. The additional provisions must be negotiated with the vendor and designed 
3.11 	to encourage successful, timely, and cost-effective outcomes for clients, and may establish 
3.12 	incentive payments, penalties, performance-related reporting requirements, and similar 
3.13 	conditions. The per diem rate allowed under this subdivision must not be less than the rate 
3.14 	established in the lead county contract. Nothing in the supplemental agreement between 
3.15 	a local agency and an approved vendor binds the lead agency or other local agencies to 
3.16 	the terms and conditions of the supplemental agreement.

3.17 	Sec. 2. Minnesota Statutes 2010, section 256J.575, subdivision 1, is amended to read:
3.18 		Subdivision 1.Purpose. (a) The Family stabilization services serve families who 
3.19 	are not making significant progress within the regular employment and training services 
3.20 	track of the Minnesota family investment program (MFIP) due to a variety of barriers to 
3.21 	employment.
3.22 	(b) The goal of the services is to stabilize and improve the lives of families at risk 
3.23 	of long-term welfare dependency or family instability due to employment barriers such 
3.24 	as physical disability, mental disability, age, or providing care for a disabled household 
3.25 	member. These services promote and support families to achieve the greatest possible 
3.26 	degree of self-sufficiency.

3.27 	Sec. 3. Minnesota Statutes 2010, section 256J.575, subdivision 2, is amended to read:
3.28 		Subd. 2.Definitions. The terms used in this section have the meanings given them 
3.29 	in paragraphs (a) to (d) and (b).
3.30 	(a) "Case manager" means the county-designated staff person or employment 
3.31 	services counselor.
3.32 	(b) "Case management" "Family stabilization services" means the programs, 
3.33 	activities, and services provided by or through the county agency or through the 
4.1 	employment services agency to participating families, including. Services include, but are 
4.2 	not limited to, assessment as defined in 256J.521, subdivision 1, information, referrals, 
4.3 	and assistance in the preparation and implementation of a family stabilization plan under 
4.4 	subdivision 5.
4.5 	(c) (b) "Family stabilization plan" means a plan developed by a case manager 
4.6 	and with the participant, which identifies the participant's most appropriate path to 
4.7 	unsubsidized employment, family stability, and barrier reduction, taking into account the 
4.8 	family's circumstances.
4.9 	(d) "Family stabilization services" means programs, activities, and services in this 
4.10 	section that provide participants and their family members with assistance regarding, 
4.11 	but not limited to:
4.12 	(1) obtaining and retaining unsubsidized employment;
4.13 	(2) family stability;
4.14 	(3) economic stability; and
4.15 	(4) barrier reduction.
4.16 	The goal of the services is to achieve the greatest degree of economic self-sufficiency 
4.17 	and family well-being possible for the family under the circumstances.

4.18 	Sec. 4. Minnesota Statutes 2010, section 256J.575, subdivision 5, is amended to read:
4.19 		Subd. 5.Case management; Family stabilization plans; coordinated services.
 4.20 	(a) The county agency or employment services provider shall provide family stabilization 
4.21 	services to families through a case management model. A case manager shall be assigned 
4.22 	to each participating family within 30 days after the family is determined to be eligible 
4.23 	for family stabilization services. The case manager, with the full involvement of the 
4.24 	participant, shall recommend, and the county agency shall establish and modify as 
4.25 	necessary, a family stabilization plan for each participating family.  Once a participant 
4.26 	has been determined eligible for family stabilization services, the county agency or 
4.27 	employment services provider must attempt to meet with the participant to develop a 
4.28 	plan within 30 days.
4.29 	(b) If a participant is already assigned to a county case manager or a 
4.30 	county-designated case manager in social services, disability services, or housing services 
4.31 	that case manager already assigned may be the case manager for purposes of these services.
4.32 	(b) The family stabilization plan must include:
4.33 	(1) each participant's plan for long-term self-sufficiency, including an employment 
4.34 	goal where applicable;
5.1 	(2) an assessment of each participant's strengths and barriers, and any special 
5.2 	circumstances of the participant's family that impact, or are likely to impact, the 
5.3 	participant's progress towards the goals in the plan; and
5.4 	(3) an identification of the services, supports, education, training, and 
5.5 	accommodations needed to reduce or overcome any barriers to enable the family to 
5.6 	achieve self-sufficiency and to fulfill each caregiver's personal and family responsibilities.
5.7 	(c) The case manager and the participant shall meet within 30 days of the family's 
5.8 	referral to the case manager. The initial family stabilization plan must be completed within 
5.9 	30 days of the first meeting with the case manager. The case manager shall establish a 
5.10 	schedule for periodic review of the family stabilization plan that includes personal contact 
5.11 	with the participant at least once per month. In addition, the case manager shall review 
5.12 	and, if necessary, modify the plan under the following circumstances:
5.13 	(1) there is a lack of satisfactory progress in achieving the goals of the plan;
5.14 	(2) the participant has lost unsubsidized or subsidized employment;
5.15 	(3) a family member has failed or is unable to comply with a family stabilization 
5.16 	plan requirement;
5.17 	(4) services, supports, or other activities required by the plan are unavailable;
5.18 	(5) changes to the plan are needed to promote the well-being of the children; or
5.19 	(6) the participant and case manager determine that the plan is no longer appropriate 
5.20 	for any other reason.
5.21 	(c) Participants determined eligible for family stabilization services must have 
5.22 	access to employment and training services under sections 256J.515 to 256J.575, to the 
5.23 	extent these services are available to other MFIP participants.

5.24 	Sec. 5. Minnesota Statutes 2010, section 256J.575, subdivision 6, is amended to read:
5.25 		Subd. 6.Cooperation with services requirements. (a) A participant who is eligible 
5.26 	for family stabilization services under this section shall comply with paragraphs (b) to (d).
5.27 	(b) Participants shall engage in family stabilization plan services for the appropriate 
5.28 	number of hours per week that the activities are scheduled and available, based on the 
5.29 	needs of the participant and the participant's family, unless good cause exists for not 
5.30 	doing so, as defined in section 256J.57, subdivision 1. The appropriate number of hours 
5.31 	must be based on the participant's plan.
5.32 	(c) The case manager shall review the participant's progress toward the goals in the 
5.33 	family stabilization plan every six months to determine whether conditions have changed, 
5.34 	including whether revisions to the plan are needed.
6.1 	(d) A participant's requirement to comply with any or all family stabilization plan 
6.2 	requirements under this subdivision is excused when the case management services, 
6.3 	training and educational services, or family support services identified in the participant's 
6.4 	family stabilization plan are unavailable for reasons beyond the control of the participant, 
6.5 	including when money appropriated is not sufficient to provide the services.

6.6 	Sec. 6. Minnesota Statutes 2010, section 256J.575, subdivision 8, is amended to read:
6.7 		Subd. 8.Funding. (a) The commissioner of human services shall treat MFIP 
6.8 	expenditures made to or on behalf of any minor child under this section, who is part of a 
6.9 	household that meets criteria in subdivision 3, as expenditures under a separately funded 
6.10 	state program. These expenditures shall not count toward the state's maintenance of effort 
6.11 	requirements under the federal TANF program.
6.12 	(b) A family is no longer part of a separately funded program under this section if 
6.13 	the caregiver no longer meets the criteria for family stabilization services in subdivision 
6.14 	3, or if it is determined at recertification that a caregiver with a child under the age of six 
6.15 	is working at least 87 hours per month in paid or unpaid employment, or a caregiver 
6.16 	without a child under the age of six is working at least 130 hours per month in paid or 
6.17 	unpaid employment, whichever occurs sooner.

6.18 	Sec. 7. RECIPROCAL AGREEMENT; CHILD SUPPORT ENFORCEMENT.
 6.19 	The commissioner of human services shall initiate procedures no later than October 
6.20 	1, 2012, to enter into a reciprocal agreement with Bermuda for the establishment and 
6.21 	enforcement of child support obligations under United States Code, title 42, section 
6.22 	659a(d).

6.23 	EFFECTIVE DATE. This section is effective upon Bermuda's written acceptance 
6.24 	and agreement to enforce Minnesota child support orders. If Bermuda does not accept and 
6.25 	declines to enforce Minnesota orders, this section expires December 31, 2013.

6.26 	ARTICLE 3
6.27 	HEALTH LICENSING

6.28 	Section 1. Minnesota Statutes 2010, section 145.881, subdivision 1, is amended to read:
6.29 		Subdivision 1.Composition of task force. The commissioner shall establish and 
6.30 	appoint a Maternal and Child Health Advisory Task Force consisting of 15 members 
6.31 	who will provide equal representation from:
6.32 	(1) professionals with expertise in maternal and child health services;
7.1 	(2) representatives of community health boards as defined in section 145A.02, 
7.2 	subdivision 5; and
7.3 	(3) consumer representatives interested in the health of mothers and children.
7.4 	No members shall be employees of the state Department of Health. Section 15.059
7.5 	governs the Maternal and Child Health Advisory Task Force. Notwithstanding section 
7.6 	15.059, the Maternal and Child Health Advisory Task Force expires June 30, 2011 2015.

7.7 	EFFECTIVE DATE. This section is effective retroactively from June 30, 2011.

7.8 	Sec. 2. Minnesota Statutes 2010, section 148.10, subdivision 7, is amended to read:
7.9 		Subd. 7.Conviction of a felony-level criminal sexual conduct offense. (a) Except 
7.10 	as provided in paragraph (e) (f), the board shall not grant or renew a license to practice 
7.11 	chiropractic to any person who has been convicted on or after August 1, 2010, of any 
7.12 	of the provisions of sections 609.342, subdivision 1, 609.343, subdivision 1, 609.344, 
7.13 	subdivision 1, paragraphs (c) to (o), or 609.345, subdivision 1, paragraphs (b) to (o).
7.14 	(b) The board shall not grant or renew a license to practice chiropractic to any 
7.15 	person who has been convicted in any other state or country on or after August 1, 2011, 
7.16 	of an offense where the elements of the offense are substantially similar to any of the 
7.17 	offenses listed in paragraph (a).
7.18 	(b) (c) A license to practice chiropractic is automatically revoked if the licensee is 
7.19 	convicted of an offense listed in paragraph (a) of this section.
7.20 	(c) (d) A license to practice chiropractic that has been denied or revoked under this 
7.21 	subdivision is not subject to chapter 364.
7.22 	(d) (e) For purposes of this subdivision, "conviction" means a plea of guilty, a 
7.23 	verdict of guilty by a jury, or a finding of guilty by the court, unless the court stays 
7.24 	imposition or execution of the sentence and final disposition of the case is accomplished at 
7.25 	a nonfelony level.
7.26 	(e) (f) The board may establish criteria whereby an individual convicted of an offense 
7.27 	listed in paragraph (a) of this subdivision may become licensed provided that the criteria:
7.28 	(1) utilize a rebuttable presumption that the applicant is not suitable for licensing or 
7.29 	credentialing;
7.30 	(2) provide a standard for overcoming the presumption; and
7.31 	(3) require that a minimum of ten years has elapsed since the applicant was released 
7.32 	from any incarceration or supervisory jurisdiction related to the offense.
7.33 	The board shall not consider an application under this paragraph if the board 
7.34 	determines that the victim involved in the offense was a patient or a client of the applicant 
7.35 	at the time of the offense.

8.1 	EFFECTIVE DATE. This section is effective retroactively from August 1, 2011.

8.2 	Sec. 3. Minnesota Statutes 2010, section 148.211, subdivision 1, is amended to read:
8.3 		Subdivision 1.Licensure by examination. (a) An applicant for a license to practice 
8.4 	as a registered nurse or licensed practical nurse shall apply to the board for a license by 
8.5 	examination on forms prescribed by the board and pay a fee in an amount determined by 
8.6 	statute. An applicant applying for reexamination shall pay a fee in an amount determined 
8.7 	by law. In no case may fees be refunded.
8.8 	(b) The applicant must satisfy the following requirements for licensure by 
8.9 	examination:
8.10 	(1) present evidence the applicant has not engaged in conduct warranting disciplinary 
8.11 	action under section 148.261; 
8.12 	(2) present evidence of completion of a nursing education program that was 
8.13 	conducted in English and approved by the board, another United States nursing board, 
8.14 	or a Canadian province, which prepared the applicant for the type of license for which 
8.15 	the application has been submitted; and
8.16 	(3) pass a national nurse licensure written examination. "Written examination" 
8.17 	includes paper and pencil examinations and examinations administered with a computer 
8.18 	and related technology and may include supplemental oral or practical examinations 
8.19 	approved by the board.
8.20 	(c) An applicant who graduated from an approved nursing education program in 
8.21 	Canada and was licensed in Canada or another United States jurisdiction, without passing 
8.22 	the national nurse licensure examination, must also submit a verification of licensure from 
8.23 	the original Canadian licensure authority and from the United States jurisdiction.
8.24 	(d) An applicant who graduated from a nursing program in a country other than the 
8.25 	United States or Canada, excluding Quebec, must also satisfy the following requirements:
8.26 	(1) present verification of graduation from a nursing education program which 
8.27 	prepared the applicant for the type of license for which the application has been submitted 
8.28 	and is determined to be equivalent to the education required in the same type of nursing 
8.29 	education programs in the United States as evaluated by a credentials evaluation service 
8.30 	acceptable to the board. The credentials evaluation service must submit the evaluation and 
8.31 	verification directly to the board;
8.32 	(2) demonstrate successful completion of coursework to resolve identified nursing 
8.33 	education deficiencies; and
8.34 	(3) pass examinations acceptable to the board that test written and spoken English, 
8.35 	unless the applicant graduated from a nursing education program conducted in English 
9.1 	and located in an English-speaking country. The results of the examinations must be 
9.2 	submitted directly to the board from the testing service.
9.3 	(e) An applicant failing to pass the examination may apply for reexamination.
9.4 	(f) When the applicant has met all requirements stated in this subdivision, the board 
9.5 	shall issue a license to the applicant. The board may issue a license with conditions and 
9.6 	limitations if it considers it necessary to protect the public.

9.7 	Sec. 4. Minnesota Statutes 2010, section 148B.5301, subdivision 1, is amended to read:
9.8 		Subdivision 1.General requirements. (a) To be licensed as a licensed professional 
9.9 	clinical counselor (LPCC), an applicant must provide satisfactory evidence to the board 
9.10 	that the applicant:
9.11 	(1) is at least 18 years of age;
9.12 	(2) is of good moral character;
9.13 	(3) has completed a master's or doctoral degree program in counseling or a 
9.14 	related field, as determined by the board based on the criteria in items (i) to (x), that 
9.15 	includes a minimum of 48 semester hours or 72 quarter hours and a supervised field 
9.16 	experience in counseling that is not fewer than 700 hours. The degree must be from 
9.17 	a counseling program recognized by the Council for Accreditation of Counseling and 
9.18 	Related Education Programs (CACREP) or from an institution of higher education that is 
9.19 	accredited by a regional accrediting organization recognized by the Council for Higher 
9.20 	Education Accreditation (CHEA). Specific academic course content and training must 
9.21 	include coursework in each of the following subject areas:
9.22 	(i) helping relationship, including counseling theory and practice;
9.23 	(ii) human growth and development;
9.24 	(iii) lifestyle and career development;
9.25 	(iv) group dynamics, processes, counseling, and consulting;
9.26 	(v) assessment and appraisal;
9.27 	(vi) social and cultural foundations, including multicultural issues;
9.28 	(vii) principles of etiology, treatment planning, and prevention of mental and 
9.29 	emotional disorders and dysfunctional behavior;
9.30 	(viii) family counseling and therapy;
9.31 	(ix) research and evaluation; and
9.32 	(x) professional counseling orientation and ethics;
9.33 	(4) has demonstrated competence in professional counseling by passing the National 
9.34 	Clinical Mental Health Counseling Examination (NCMHCE), administered by the 
9.35 	National Board for Certified Counselors, Inc. (NBCC) and ethical, oral, and situational 
10.1 	examinations as prescribed by the board. In lieu of the NCMHCE, applicants who have 
10.2 	taken and passed the National Counselor Examination (NCE) administered by the NBCC, 
10.3 	or another board-approved examination, need only take and pass the Examination of 
10.4 	Clinical Counseling Practice (ECCP) administered by the NBCC;
10.5 	(5) has earned graduate-level semester credits or quarter-credit equivalents in the 
10.6 	following clinical content areas as follows:
10.7 	(i) six credits in diagnostic assessment for child or adult mental disorders; normative 
10.8 	development; and psychopathology, including developmental psychopathology;
10.9 	(ii) three credits in clinical treatment planning, with measurable goals;
10.10 	(iii) six credits in clinical intervention methods informed by research evidence and 
10.11 	community standards of practice;
10.12 	(iv) three credits in evaluation methodologies regarding the effectiveness of 
10.13 	interventions;
10.14 	(v) three credits in professional ethics applied to clinical practice; and
10.15 	(vi) three credits in cultural diversity; and
10.16 	(6) has demonstrated successful completion of 4,000 hours of supervised, 
10.17 	post-master's degree professional practice in the delivery of clinical services in the 
10.18 	diagnosis and treatment of child and adult mental illnesses and disorders, conducted 
10.19 	according to subdivision 2.
10.20 	(b) If coursework in paragraph (a) was not completed as part of the degree program 
10.21 	required by paragraph (a), clause (3), the coursework must be taken and passed for credit, 
10.22 	and must be earned from a counseling program or institution that meets the requirements 
10.23 	of paragraph (a), clause (3).

10.24 	Sec. 5. Minnesota Statutes 2010, section 148B.5301, subdivision 3, is amended to read:
10.25 		Subd. 3.Conversion from licensed professional counselor to licensed 
10.26 	professional clinical counselor. (a) Until August 1, 2011 2013, an individual currently 
10.27 	licensed in the state of Minnesota as a licensed professional counselor may convert to a 
10.28 	LPCC by providing evidence satisfactory to the board that the applicant has met the 
10.29 	following requirements:
10.30 	(1) is at least 18 years of age;
10.31 	(2) is of good moral character;
10.32 	(3) has a license that is active and in good standing;
10.33 	(4) has no complaints pending, uncompleted disciplinary orders, or corrective 
10.34 	action agreements;
11.1 	(5) has completed a master's or doctoral degree program in counseling or a related 
11.2 	field, as determined by the board, and whose degree was from a counseling program 
11.3 	recognized by CACREP or from an institution of higher education that is accredited by a 
11.4 	regional accrediting organization recognized by CHEA;
11.5 	(6) has earned 24 graduate-level semester credits or quarter-credit equivalents in 
11.6 	clinical coursework which includes content in the following clinical areas:
11.7 	(i) diagnostic assessment for child and adult mental disorders; normative 
11.8 	development; and psychopathology, including developmental psychopathology;
11.9 	(ii) clinical treatment planning, with measurable goals;
11.10 	(iii) clinical intervention methods informed by research evidence and community 
11.11 	standards of practice;
11.12 	(iv) evaluation methodologies regarding the effectiveness of interventions;
11.13 	(v) professional ethics applied to clinical practice; and
11.14 	(vi) cultural diversity;
11.15 	(7) has demonstrated, to the satisfaction of the board, successful completion of 
11.16 	4,000 hours of supervised, post-master's degree professional practice in the delivery of 
11.17 	clinical services in the diagnosis and treatment of child and adult mental illnesses and 
11.18 	disorders; and
11.19 	(8) has paid the LPCC application and licensure fees required in section 148B.53, 
11.20 	subdivision 3.
11.21 	(b) If the coursework in paragraph (a) was not completed as part of the degree 
11.22 	program required by paragraph (a), clause (5), the coursework must be taken and passed 
11.23 	for credit, and must be earned from a counseling program or institution that meets the 
11.24 	requirements in paragraph (a), clause (5).
11.25 	(c) This subdivision expires August 1, 2011 2013.

11.26 	EFFECTIVE DATE. This section is effective retroactively from August 1, 2011.

11.27 	Sec. 6. Minnesota Statutes 2010, section 148B.5301, subdivision 4, is amended to read:
11.28 		Subd. 4.Conversion to licensed professional clinical counselor after August 1, 
11.29 	2011 2013. An individual licensed in the state of Minnesota as a licensed professional 
11.30 	counselor may convert to a LPCC by providing evidence satisfactory to the board that the 
11.31 	applicant has met the requirements of subdivisions 1 and 2, subject to the following:
11.32 	(1) the individual's license must be active and in good standing;
11.33 	(2) the individual must not have any complaints pending, uncompleted disciplinary 
11.34 	orders, or corrective action agreements; and
12.1 	(3) the individual has paid the LPCC application and licensure fees required in 
12.2 	section 148B.53, subdivision 3.

12.3 	Sec. 7. Minnesota Statutes 2010, section 148B.54, subdivision 2, is amended to read:
12.4 		Subd. 2.Continuing education. At the completion of the first four years of 
12.5 	licensure, a licensee must provide evidence satisfactory to the board of completion of 
12.6 	12 additional postgraduate semester credit hours or its equivalent in counseling as 
12.7 	determined by the board, except that no licensee shall be required to show evidence of 
12.8 	greater than 60 semester hours or its equivalent. In addition to completing the requisite 
12.9 	graduate coursework, each licensee shall also complete in the first four years of licensure 
12.10 	a minimum of 40 hours of continuing education activities approved by the board under 
12.11 	Minnesota Rules, part 2150.2540. Graduate credit hours successfully completed in the 
12.12 	first four years of licensure may be applied to both the graduate credit requirement and to 
12.13 	the requirement for 40 hours of continuing education activities. A licensee may receive 15 
12.14 	continuing education hours per semester credit hour or ten continuing education hours 
12.15 	per quarter credit hour. Thereafter, at the time of renewal, each licensee shall provide 
12.16 	evidence satisfactory to the board that the licensee has completed during each two-year 
12.17 	period at least the equivalent of 40 clock hours of professional postdegree continuing 
12.18 	education in programs approved by the board and continues to be qualified to practice 
12.19 	under sections 148B.50 to 148B.593.

12.20 	Sec. 8. Minnesota Statutes 2010, section 148B.54, subdivision 3, is amended to read:
12.21 		Subd. 3.Relicensure following termination. An individual whose license was 
12.22 	terminated prior to August 1, 2010, and who can demonstrate completion of the graduate 
12.23 	credit requirement in subdivision 2, does not need to comply with the continuing education 
12.24 	requirement of Minnesota Rules, part 2150.2520, subpart 4, or with the continuing 
12.25 	education requirements for relicensure following termination in Minnesota Rules, part 
12.26 	2150.0130, subpart 2. This section does not apply to an individual whose license has 
12.27 	been canceled.

12.28 	Sec. 9. Minnesota Statutes 2010, section 148E.060, subdivision 1, is amended to read:
12.29 		Subdivision 1.Students and other persons not currently licensed in another 
12.30 	jurisdiction. (a) The board may issue a temporary license to practice social work to an 
12.31 	applicant who is not licensed or credentialed to practice social work in any jurisdiction 
12.32 	but has:
12.33 	(1) applied for a license under section 148E.055;
13.1 	(2) applied for a temporary license on a form provided by the board;
13.2 	(3) submitted a form provided by the board authorizing the board to complete a 
13.3 	criminal background check;
13.4 	(4) passed the applicable licensure examination provided for in section 148E.055;
13.5 	(5) attested on a form provided by the board that the applicant has completed the 
13.6 	requirements for a baccalaureate or graduate degree in social work from a program 
13.7 	accredited by the Council on Social Work Education, the Canadian Association of Schools 
13.8 	of Social Work, or a similar accreditation accrediting body designated by the board, or a 
13.9 	doctorate in social work from an accredited university; and
13.10 	(6) not engaged in conduct that was or would be in violation of the standards of 
13.11 	practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in 
13.12 	conduct that was or would be in violation of the standards of practice, the board may take 
13.13 	action according to sections 148E.255 to 148E.270.
13.14 	(b) A temporary license issued under this subdivision expires after six months.

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

13.16 	Sec. 10. Minnesota Statutes 2010, section 148E.060, subdivision 2, is amended to read:
13.17 		Subd. 2.Emergency situations and persons currently licensed in another 
13.18 	jurisdiction. (a) The board may issue a temporary license to practice social work to an 
13.19 	applicant who is licensed or credentialed to practice social work in another jurisdiction, 
13.20 	may or may not have applied for a license under section 148E.055, and has:
13.21 	(1) applied for a temporary license on a form provided by the board;
13.22 	(2) submitted a form provided by the board authorizing the board to complete a 
13.23 	criminal background check;
13.24 	(3) submitted evidence satisfactory to the board that the applicant is currently 
13.25 	licensed or credentialed to practice social work in another jurisdiction;
13.26 	(4) attested on a form provided by the board that the applicant has completed the 
13.27 	requirements for a baccalaureate or graduate degree in social work from a program 
13.28 	accredited by the Council on Social Work Education, the Canadian Association of Schools 
13.29 	of Social Work, or a similar accreditation accrediting body designated by the board, or a 
13.30 	doctorate in social work from an accredited university; and
13.31 	(5) not engaged in conduct that was or would be in violation of the standards of 
13.32 	practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in 
13.33 	conduct that was or would be in violation of the standards of practice, the board may take 
13.34 	action according to sections 148E.255 to 148E.270.
13.35 	(b) A temporary license issued under this subdivision expires after six months.

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

14.2 	Sec. 11. Minnesota Statutes 2010, section 148E.060, is amended by adding a 
14.3 	subdivision to read:
14.4 		Subd. 2a.Programs in candidacy status. (a) The board may issue a temporary 
14.5 	license to practice social work to an applicant who has completed the requirements for a 
14.6 	baccalaureate or graduate degree in social work from a program in candidacy status with 
14.7 	the Council on Social Work Education, the Canadian Association of Schools of Social 
14.8 	Work, or a similar accrediting body designated by the board, and has:
14.9 	(1) applied for a license under section 148E.055;
14.10 	(2) applied for a temporary license on a form provided by the board;
14.11 	(3) submitted a form provided by the board authorizing the board to complete a 
14.12 	criminal background check;
14.13 	(4) passed the applicable licensure examination provided for in section 148E.055; 
14.14 	and
14.15 	(5) not engaged in conduct that is in violation of the standards of practice specified 
14.16 	in sections 148E.195 to 148E.240. If the applicant has engaged in conduct that is in 
14.17 	violation of the standards of practice, the board may take action according to sections 
14.18 	148E.255 to 148E.270.
14.19 	(b) A temporary license issued under this subdivision expires after 12 months but 
14.20 	may be extended at the board's discretion upon a showing that the social work program 
14.21 	remains in good standing with the Council on Social Work Education, the Canadian 
14.22 	Association of Schools of Social Work, or a similar accrediting body designated by the 
14.23 	board. If the board receives notice from the Council on Social Work Education, the 
14.24 	Canadian Association of Schools of Social Work, or a similar accrediting body designated 
14.25 	by the board that the social work program is not in good standing, or that the accreditation 
14.26 	will not be granted to the social work program, the temporary license is immediately 
14.27 	revoked.

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

14.29 	Sec. 12. Minnesota Statutes 2010, section 148E.060, subdivision 3, is amended to read:
14.30 		Subd. 3.Teachers. (a) The board may issue a temporary license to practice social 
14.31 	work to an applicant whose permanent residence is outside the United States, who is 
14.32 	teaching social work at an academic institution in Minnesota for a period not to exceed 
14.33 	12 months, who may or may not have applied for a license under section 148E.055, and 
14.34 	who has:
15.1 	(1) applied for a temporary license on a form provided by the board;
15.2 	(2) submitted a form provided by the board authorizing the board to complete a 
15.3 	criminal background check;
15.4 	(3) attested on a form provided by the board that the applicant has completed the 
15.5 	requirements for a baccalaureate or graduate degree in social work; and
15.6 	(4) has not engaged in conduct that was or would be in violation of the standards 
15.7 	of practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in 
15.8 	conduct that was or would be in violation of the standards of practice, the board may take 
15.9 	action according to sections 148E.255 to 148E.270.
15.10 	(b) A temporary license issued under this subdivision expires after 12 months.

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

15.12 	Sec. 13. Minnesota Statutes 2010, section 148E.060, subdivision 5, is amended to read:
15.13 		Subd. 5.Temporary license term. (a) A temporary license is valid until expiration, 
15.14 	or until the board issues or denies the license according to section 148E.055, or until 
15.15 	the board revokes the temporary license, whichever comes first. A temporary license is 
15.16 	nonrenewable.
15.17 	(b) A temporary license issued according to subdivision 1 or 2 expires after six 
15.18 	months.
15.19 	(c) A temporary license issued according to subdivision 3 expires after 12 months.

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

15.21 	Sec. 14. Minnesota Statutes 2010, section 148E.120, is amended to read:
15.22 	148E.120 REQUIREMENTS OF SUPERVISORS.
15.23 		Subdivision 1.Supervisors licensed as social workers. (a) Except as provided in 
15.24 	paragraph (d) subdivision 2, to be eligible to provide supervision under this section, a 
15.25 	social worker must:
15.26 	(1) have completed 30 hours of training in supervision through coursework from 
15.27 	an accredited college or university, or through continuing education in compliance with 
15.28 	sections 148E.130 to 148E.170;
15.29 	(2) be competent in the activities being supervised; and
15.30 	(3) attest, on a form provided by the board, that the social worker has met the 
15.31 	applicable requirements specified in this section and sections 148E.100 to 148E.115. The 
15.32 	board may audit the information provided to determine compliance with the requirements 
15.33 	of this section.
16.1 	(b) A licensed independent clinical social worker providing clinical licensing 
16.2 	supervision to a licensed graduate social worker or a licensed independent social worker 
16.3 	must have at least 2,000 hours of experience in authorized social work practice, including 
16.4 	1,000 hours of experience in clinical practice after obtaining a licensed independent 
16.5 	clinical social worker license.
16.6 	(c) A licensed social worker, licensed graduate social worker, licensed independent 
16.7 	social worker, or licensed independent clinical social worker providing nonclinical 
16.8 	licensing supervision must have completed the supervised practice requirements specified 
16.9 	in section 148E.100, 148E.105, 148E.106, 148E.110, or 148E.115, as applicable.
16.10 	(d) If the board determines that supervision is not obtainable from an individual 
16.11 	meeting the requirements specified in paragraph (a), the board may approve an alternate 
16.12 	supervisor according to subdivision 2.
16.13 		Subd. 2.Alternate supervisors. (a) The board may approve an alternate supervisor 
16.14 	if: as determined in this subdivision. The board shall approve up to 25 percent of the 
16.15 	required supervision hours by a licensed mental health professional who is competent and 
16.16 	qualified to provide supervision according to the mental health professional's respective 
16.17 	licensing board, as established by section 245.462, subdivision 18, clauses (1) to (6), or 
16.18 	245.4871, subdivision 27, clauses (1) to (6).
16.19 	(1) the board determines that supervision is not obtainable according to paragraph 
16.20 	(b);
16.21 	(2) the licensee requests in the supervision plan submitted according to section 
16.22 	148E.125, subdivision 1, that an alternate supervisor conduct the supervision;
16.23 	(3) the licensee describes the proposed supervision and the name and qualifications 
16.24 	of the proposed alternate supervisor; and
16.25 	(4) the requirements of paragraph (d) are met.
16.26 	(b) The board may determine that supervision is not obtainable if:
16.27 	(1) the licensee provides documentation as an attachment to the supervision plan 
16.28 	submitted according to section 148E.125, subdivision 1, that the licensee has conducted a 
16.29 	thorough search for a supervisor meeting the applicable licensure requirements specified 
16.30 	in sections 148E.100 to 148E.115;
16.31 	(2) the licensee demonstrates to the board's satisfaction that the search was 
16.32 	unsuccessful; and
16.33 	(3) the licensee describes the extent of the search and the names and locations of 
16.34 	the persons and organizations contacted.
16.35 	(c) The requirements specified in paragraph (b) do not apply to obtaining licensing 
16.36 	supervision for social work practice if the board determines that there are five or fewer 
17.1 	supervisors meeting the applicable licensure requirements in sections 148E.100 to 
17.2 	148E.115 in the county where the licensee practices social work.
17.3 	(d) An alternate supervisor must:
17.4 	(1) be an unlicensed social worker who is employed in, and provides the supervision 
17.5 	in, a setting exempt from licensure by section 148E.065, and who has qualifications 
17.6 	equivalent to the applicable requirements specified in sections 148E.100 to 148E.115;
17.7 	(2) be a social worker engaged in authorized practice in Iowa, Manitoba, North 
17.8 	Dakota, Ontario, South Dakota, or Wisconsin, and has the qualifications equivalent to the 
17.9 	applicable requirements specified in sections 148E.100 to 148E.115; or
17.10 	(3) be a licensed marriage and family therapist or a mental health professional 
17.11 	as established by section 245.462, subdivision 18, or 245.4871, subdivision 27, or an 
17.12 	equivalent mental health professional, as determined by the board, who is licensed or 
17.13 	credentialed by a state, territorial, provincial, or foreign licensing agency.
17.14 	(e) In order to qualify to provide clinical supervision of a licensed graduate social 
17.15 	worker or licensed independent social worker engaged in clinical practice, the alternate 
17.16 	supervisor must be a mental health professional as established by section 245.462, 
17.17 	subdivision 18, or 245.4871, subdivision 27, or an equivalent mental health professional, 
17.18 	as determined by the board, who is licensed or credentialed by a state, territorial, 
17.19 	provincial, or foreign licensing agency.
17.20 	(b) The board shall approve up to 100 percent of the required supervision hours by 
17.21 	an alternate supervisor if the board determines that:
17.22 	(1) there are five or fewer supervisors in the county where the licensee practices 
17.23 	social work who meet the applicable licensure requirements in subdivision 1;
17.24 	(2) the supervisor is an unlicensed social worker who is employed in, and provides 
17.25 	the supervision in, a setting exempt from licensure by section 148E.065, and who has 
17.26 	qualifications equivalent to the applicable requirements specified in sections 148E.100 to 
17.27 	148E.115;
17.28 	(3) the supervisor is a social worker engaged in authorized social work practice 
17.29 	in Iowa, Manitoba, North Dakota, Ontario, South Dakota, or Wisconsin, and has the 
17.30 	qualifications equivalent to the applicable requirements in sections 148E.100 to 148E.115;
17.31 	(4) the applicant or licensee is engaged in nonclinical authorized social work 
17.32 	practice outside of Minnesota and the supervisor meets the qualifications equivalent to 
17.33 	the applicable requirements in sections 148E.100 to 148E.115, or the supervisor is an 
17.34 	equivalent mental health professional, as determined by the board, who is credentialed by 
17.35 	a state, territorial, provincial, or foreign licensing agency; or
18.1 	(5) the applicant or licensee is engaged in clinical authorized social work practice 
18.2 	outside of Minnesota and the supervisor meets qualifications equivalent to the applicable 
18.3 	requirements in section 148E.115, or the supervisor is an equivalent mental health 
18.4 	professional, as determined by the board, who is credentialed by a state, territorial, 
18.5 	provincial, or foreign licensing agency.
18.6 	(c) In order for the board to consider an alternate supervisor under this section, 
18.7 	the licensee must:
18.8 	(1) request in the supervision plan and verification submitted according to section 
18.9 	148E.125 that an alternate supervisor conduct the supervision; and
18.10 	(2) describe the proposed supervision and the name and qualifications of the 
18.11 	proposed alternate supervisor. The board may audit the information provided to determine 
18.12 	compliance with the requirements of this section.

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

18.14 	Sec. 15. Minnesota Statutes 2010, section 149A.50, subdivision 1, is amended to read:
18.15 		Subdivision 1.License required. (a) Except as provided in section 149A.01, 
18.16 	subdivision 3, no person shall maintain, manage, or operate a place or premise devoted to 
18.17 	or used in the holding, care, or preparation of a dead human body for final disposition, 
18.18 	or any place used as the office or place of business for the provision of funeral services, 
18.19 	without possessing a valid license to operate a funeral establishment issued by the 
18.20 	commissioner of health.
18.21 	(b) Notwithstanding paragraph (a), a license is not required for the direct sale to 
18.22 	consumers of caskets, urns, or other funeral goods.

18.23 	Sec. 16. Minnesota Statutes 2010, section 214.09, is amended by adding a subdivision 
18.24 	to read:
18.25 		Subd. 5.Health-related boards. No current member of a health-related licensing 
18.26 	board may seek a paid employment position with that board.

18.27 	Sec. 17. [214.108] HEALTH-RELATED LICENSING BOARDS; LICENSEE 
18.28 	GUIDANCE.
18.29 	A health-related licensing board may offer guidance to current licensees about the 
18.30 	application of laws and rules the board is empowered to enforce. This guidance shall not 
18.31 	bind any court or other adjudicatory body.

18.32 	Sec. 18. Laws 2010, chapter 349, section 1, the effective date, is amended to read:

19.1 	EFFECTIVE DATE. This section is effective for new licenses issued or renewed 
19.2 	on or after August 1, 2010.

19.3 	Sec. 19. Laws 2010, chapter 349, section 2, the effective date, is amended to read:

19.4 	EFFECTIVE DATE. This section is effective for new licenses issued or renewed
19.5 	on or after August 1, 2010.

19.6 	Sec. 20. REPORT.
 19.7 	(a) The executive directors of the health-related licensing boards shall issue a report 
19.8 	to the legislature with recommendations for use of nondisciplinary cease and desist letters 
19.9 	that can be issued to licensees when the board receives an allegation against a licensee, but 
19.10 	the allegation does not rise to the level of a complaint, does not involve patient harm, and 
19.11 	does not involve fraud. The report shall be issued no later than December 15, 2012.
19.12 	(b) The executive directors of the health-related licensing boards shall issue a report 
19.13 	to the legislature with recommendations for taking administrative action against licensees 
19.14 	whose records do not meet the standards of professional practice, but do not create a risk 
19.15 	of client harm or constitute false or fraudulent information. The report shall be issued 
19.16 	no later than December 15, 2012.

19.17 	Sec. 21. REPORT; BOARD OF BEHAVIORAL HEALTH AND THERAPY.
 19.18 	(a) The Board of Behavioral Health and Therapy shall convene a working group 
19.19 	to evaluate the feasibility of a tiered licensure system for alcohol and drug counselors in 
19.20 	Minnesota. This evaluation shall include proposed scopes of practice for each tier, specific 
19.21 	degree and other education and examination requirements for each tier, the clinical 
19.22 	settings in which each tier of practitioner would be utilized, and any other issues the 
19.23 	board deems necessary.
19.24 	(b) Members of the working group shall include, but not be limited to, members of 
19.25 	the board, licensed alcohol and drug counselors, alcohol and drug counselor temporary 
19.26 	permit holders, faculty members from two- and four-year education programs, professional 
19.27 	organizations, and employers.
19.28 	(c) The board shall present its written report, including any proposed legislation, to 
19.29 	the chairs and ranking minority members of the legislative committees with jurisdiction 
19.30 	over health and human services no later than December 15, 2014.
19.31 	(d) The working group is not subject to the provisions of Minnesota Statutes, 
19.32 	section 15.059.

20.1 	ARTICLE 4
20.2 	DISABILITY SERVICES

20.3 	Section 1. Minnesota Statutes 2011 Supplement, section 256B.0911, subdivision 3a, 
20.4 	is amended to read:
20.5 		Subd. 3a.Assessment and support planning. (a) Persons requesting assessment, 
20.6 	services planning, or other assistance intended to support community-based living, 
20.7 	including persons who need assessment in order to determine waiver or alternative care 
20.8 	program eligibility, must be visited by a long-term care consultation team within 15 
20.9 	calendar days after the date on which an assessment was requested or recommended. After 
20.10 	January 1, 2011, these requirements also apply to personal care assistance services, private 
20.11 	duty nursing, and home health agency services, on timelines established in subdivision 5. 
20.12 	Face-to-face assessments must be conducted according to paragraphs (b) to (i).
20.13 	(b) The county may utilize a team of either the social worker or public health nurse, 
20.14 	or both. After January 1, 2011, lead agencies shall use certified assessors to conduct the 
20.15 	assessment in a face-to-face interview. The consultation team members must confer 
20.16 	regarding the most appropriate care for each individual screened or assessed.
20.17 	(c) The assessment must be comprehensive and include a person-centered 
20.18 	assessment of the health, psychological, functional, environmental, and social needs of 
20.19 	referred individuals and provide information necessary to develop a support plan that 
20.20 	meets the consumers needs, using an assessment form provided by the commissioner.
20.21 	(d) The assessment must be conducted in a face-to-face interview with the person 
20.22 	being assessed and the person's legal representative, as required by legally executed 
20.23 	documents, and other individuals as requested by the person, who can provide information 
20.24 	on the needs, strengths, and preferences of the person necessary to develop a support plan 
20.25 	that ensures the person's health and safety, but who is not a provider of service or has any 
20.26 	financial interest in the provision of services. For persons who are to be assessed for 
20.27 	elderly waiver customized living services under section 256B.0915, with the permission 
20.28 	of the person being assessed or the person's designated or legal representative, the client's 
20.29 	current or proposed provider of services may submit a copy of the provider's nursing 
20.30 	assessment or written report outlining its recommendations regarding the client's care 
20.31 	needs. The person conducting the assessment will notify the provider of the date by which 
20.32 	this information is to be submitted. This information shall be provided to the person 
20.33 	conducting the assessment prior to the assessment.
20.34 	(e) The person, or the person's legal representative, must be provided with written 
20.35 	recommendations for community-based services, including consumer-directed options, 
21.1 	or institutional care that include documentation that the most cost-effective alternatives 
21.2 	available were offered to the individual, and alternatives to residential settings, including, 
21.3 	but not limited to, foster care settings that are not the primary residence of the license 
21.4 	holder. For purposes of this requirement, "cost-effective alternatives" means community 
21.5 	services and living arrangements that cost the same as or less than institutional care.
21.6 	(f) If the person chooses to use community-based services, the person or the person's 
21.7 	legal representative must be provided with a written community support plan, regardless 
21.8 	of whether the individual is eligible for Minnesota health care programs. A person may 
21.9 	request assistance in identifying community supports without participating in a complete 
21.10 	assessment. Upon a request for assistance identifying community support, the person must 
21.11 	be transferred or referred to the services available under sections 256.975, subdivision 7, 
21.12 	and 256.01, subdivision 24, for telephone assistance and follow up.
21.13 	(g) The person has the right to make the final decision between institutional 
21.14 	placement and community placement after the recommendations have been provided, 
21.15 	except as provided in subdivision 4a, paragraph (c).
21.16 	(h) The team must give the person receiving assessment or support planning, or 
21.17 	the person's legal representative, materials, and forms supplied by the commissioner 
21.18 	containing the following information:
21.19 	(1) the need for and purpose of preadmission screening if the person selects nursing 
21.20 	facility placement;
21.21 	(2) the role of the long-term care consultation assessment and support planning in 
21.22 	waiver and alternative care program eligibility determination;
21.23 	(3) information about Minnesota health care programs;
21.24 	(4) the person's freedom to accept or reject the recommendations of the team;
21.25 	(5) the person's right to confidentiality under the Minnesota Government Data 
21.26 	Practices Act, chapter 13;
21.27 	(6) the long-term care consultant's decision regarding the person's need for 
21.28 	institutional level of care as determined under criteria established in section 144.0724, 
21.29 	subdivision 11, or 256B.092; and
21.30 	(7) the person's right to appeal the decision regarding the need for nursing facility 
21.31 	level of care or the county's final decisions regarding public programs eligibility according 
21.32 	to section 256.045, subdivision 3.
21.33 	(i) Face-to-face assessment completed as part of eligibility determination for 
21.34 	the alternative care, elderly waiver, community alternatives for disabled individuals, 
21.35 	community alternative care, and traumatic brain injury waiver programs under sections 
21.36 	256B.0915, 256B.0917, and 256B.49 is valid to establish service eligibility for no more 
22.1 	than 60 calendar days after the date of assessment. The effective eligibility start date 
22.2 	for these programs can never be prior to the date of assessment. If an assessment was 
22.3 	completed more than 60 days before the effective waiver or alternative care program 
22.4 	eligibility start date, assessment and support plan information must be updated in a 
22.5 	face-to-face visit and documented in the department's Medicaid Management Information 
22.6 	System (MMIS). The effective date of program eligibility in this case cannot be prior to 
22.7 	the date the updated assessment is completed.

22.8 	Sec. 2. Minnesota Statutes 2011 Supplement, section 256B.0915, subdivision 3e, 
22.9 	is amended to read:
22.10 		Subd. 3e.Customized living service rate. (a) Payment for customized living 
22.11 	services shall be a monthly rate authorized by the lead agency within the parameters 
22.12 	established by the commissioner. The payment agreement must delineate the amount of 
22.13 	each component service included in the recipient's customized living service plan. The 
22.14 	lead agency, with input from the provider of customized living services, shall ensure that 
22.15 	there is a documented need within the parameters established by the commissioner for all 
22.16 	component customized living services authorized.
22.17 	(b) The payment rate must be based on the amount of component services to be 
22.18 	provided utilizing component rates established by the commissioner. Counties and tribes 
22.19 	shall use tools issued by the commissioner to develop and document customized living 
22.20 	service plans and rates.
22.21 	(c) Component service rates must not exceed payment rates for comparable elderly 
22.22 	waiver or medical assistance services and must reflect economies of scale. Customized 
22.23 	living services must not include rent or raw food costs.
22.24 	(d) With the exception of individuals described in subdivision 3a, paragraph (b), the 
22.25 	individualized monthly authorized payment for the customized living service plan shall 
22.26 	not exceed 50 percent of the greater of either the statewide or any of the geographic 
22.27 	groups' weighted average monthly nursing facility rate of the case mix resident class 
22.28 	to which the elderly waiver eligible client would be assigned under Minnesota Rules, 
22.29 	parts 9549.0050 to 9549.0059, less the maintenance needs allowance as described 
22.30 	in subdivision 1d, paragraph (a), until the July 1 of the state fiscal year in which the 
22.31 	resident assessment system as described in section 256B.438 for nursing home rate 
22.32 	determination is implemented. Effective on July 1 of the state fiscal year in which 
22.33 	the resident assessment system as described in section 256B.438 for nursing home 
22.34 	rate determination is implemented and July 1 of each subsequent state fiscal year, the 
22.35 	individualized monthly authorized payment for the services described in this clause shall 
23.1 	not exceed the limit which was in effect on June 30 of the previous state fiscal year 
23.2 	updated annually based on legislatively adopted changes to all service rate maximums for 
23.3 	home and community-based service providers.
23.4 	(e) Effective July 1, 2011, the individualized monthly payment for the customized 
23.5 	living service plan for individuals described in subdivision 3a, paragraph (b), must be the 
23.6 	monthly authorized payment limit for customized living for individuals classified as case 
23.7 	mix A, reduced by 25 percent. This rate limit must be applied to all new participants 
23.8 	enrolled in the program on or after July 1, 2011, who meet the criteria described in 
23.9 	subdivision 3a, paragraph (b). This monthly limit also applies to all other participants who 
23.10 	meet the criteria described in subdivision 3a, paragraph (b), at reassessment.
23.11 	(f) Customized living services are delivered by a provider licensed by the 
23.12 	Department of Health as a class A or class F home care provider and provided in a 
23.13 	building that is registered as a housing with services establishment under chapter 144D. 
23.14 	Licensed home care providers are subject to section 256B.0651, subdivision 14.
23.15 	(g) A provider may not bill or otherwise charge an elderly waiver participant or their 
23.16 	family for additional units of any allowable component service beyond those available 
23.17 	under the service rate limits described in paragraph (d), nor for additional units of any 
23.18 	allowable component service beyond those approved in the service plan by the lead agency.

23.19 	Sec. 3. Minnesota Statutes 2011 Supplement, section 256B.0915, subdivision 3h, 
23.20 	is amended to read:
23.21 		Subd. 3h.Service rate limits; 24-hour customized living services. (a) The 
23.22 	payment rate for 24-hour customized living services is a monthly rate authorized by the 
23.23 	lead agency within the parameters established by the commissioner of human services. 
23.24 	The payment agreement must delineate the amount of each component service included 
23.25 	in each recipient's customized living service plan. The lead agency, with input from 
23.26 	the provider of customized living services, shall ensure that there is a documented need 
23.27 	within the parameters established by the commissioner for all component customized 
23.28 	living services authorized. The lead agency shall not authorize 24-hour customized living 
23.29 	services unless there is a documented need for 24-hour supervision.
23.30 	(b) For purposes of this section, "24-hour supervision" means that the recipient 
23.31 	requires assistance due to needs related to one or more of the following:
23.32 	(1) intermittent assistance with toileting, positioning, or transferring;
23.33 	(2) cognitive or behavioral issues;
23.34 	(3) a medical condition that requires clinical monitoring; or
24.1 	(4) for all new participants enrolled in the program on or after July 1, 2011, and 
24.2 	all other participants at their first reassessment after July 1, 2011, dependency in at 
24.3 	least three of the following activities of daily living as determined by assessment under 
24.4 	section 256B.0911: bathing; dressing; grooming; walking; or eating when the dependency 
24.5 	score in eating is three or greater; and needs medication management and at least 50 
24.6 	hours of service per month. The lead agency shall ensure that the frequency and mode 
24.7 	of supervision of the recipient and the qualifications of staff providing supervision are 
24.8 	described and meet the needs of the recipient.
24.9 	(c) The payment rate for 24-hour customized living services must be based on the 
24.10 	amount of component services to be provided utilizing component rates established by the 
24.11 	commissioner. Counties and tribes will use tools issued by the commissioner to develop 
24.12 	and document customized living plans and authorize rates.
24.13 	(d) Component service rates must not exceed payment rates for comparable elderly 
24.14 	waiver or medical assistance services and must reflect economies of scale.
24.15 	(e) The individually authorized 24-hour customized living payments, in combination 
24.16 	with the payment for other elderly waiver services, including case management, must not 
24.17 	exceed the recipient's community budget cap specified in subdivision 3a. Customized 
24.18 	living services must not include rent or raw food costs.
24.19 	(f) The individually authorized 24-hour customized living payment rates shall not 
24.20 	exceed the 95 percentile of statewide monthly authorizations for 24-hour customized 
24.21 	living services in effect and in the Medicaid management information systems on March 
24.22 	31, 2009, for each case mix resident class under Minnesota Rules, parts 9549.0050 
24.23 	to 9549.0059, to which elderly waiver service clients are assigned. When there are 
24.24 	fewer than 50 authorizations in effect in the case mix resident class, the commissioner 
24.25 	shall multiply the calculated service payment rate maximum for the A classification by 
24.26 	the standard weight for that classification under Minnesota Rules, parts 9549.0050 to 
24.27 	9549.0059, to determine the applicable payment rate maximum. Service payment rate 
24.28 	maximums shall be updated annually based on legislatively adopted changes to all service 
24.29 	rates for home and community-based service providers.
24.30 	(g) Notwithstanding the requirements of paragraphs (d) and (f), the commissioner 
24.31 	may establish alternative payment rate systems for 24-hour customized living services in 
24.32 	housing with services establishments which are freestanding buildings with a capacity of 
24.33 	16 or fewer, by applying a single hourly rate for covered component services provided 
24.34 	in either:
24.35 	(1) licensed corporate adult foster homes; or
25.1 	(2) specialized dementia care units which meet the requirements of section 144D.065 
25.2 	and in which:
25.3 	(i) each resident is offered the option of having their own apartment; or
25.4 	(ii) the units are licensed as board and lodge establishments with maximum capacity 
25.5 	of eight residents, and which meet the requirements of Minnesota Rules, part 9555.6205, 
25.6 	subparts 1, 2, 3, and 4, item A.
25.7 	(h) A provider may not bill or otherwise charge an elderly waiver participant or their 
25.8 	family for additional units of any allowable component service beyond those available 
25.9 	under the service rate limits described in paragraph (e), nor for additional units of any 
25.10 	allowable component service beyond those approved in the service plan by the lead agency.

25.11 	Sec. 4. STREAMLINE CONSUMER-DIRECTED SERVICES.
 25.12 	(a) The commissioner of human services shall prepare and provide recommendations 
25.13 	for streamlining administrative oversight, financial management, and payment protocols 
25.14 	for consumer-directed services administered through the commissioner, including 
25.15 	consumer-directed community supports, under Minnesota Statutes, sections 256B.49, 
25.16 	subdivision 16, and 256B.0916, subdivision 6a; consumer support grants, under Minnesota 
25.17 	Statutes, section 256.476; family support grants, under Minnesota Statutes, section 252.32; 
25.18 	and any other consumer directed service options identified by the commissioner. The 
25.19 	commissioner shall report to the legislature by January 15, 2013, with recommendations 
25.20 	prepared under this section.
25.21 	(b) Notwithstanding Minnesota Statutes, sections 245A.11, subdivision 2b, and 
25.22 	245A.143, subdivision 1, an adult foster care license holder licensed in Anoka County 
25.23 	under Minnesota Statutes, section 245A.11, subdivision 2a, as of July 1, 2010, may also 
25.24 	provide family adult day care for adults age 18 or over. The license holder must comply 
25.25 	with other applicable licensing requirements.
25.26 	(c) The commissioner shall provide recommendations to the chairs of the legislative 
25.27 	committees and ranking minority members having jurisdiction over human services issues 
25.28 	by January 15, 2013, based on an evaluation of the expansion of the age group for adult 
25.29 	day services provided by adult foster care providers.

25.30 	ARTICLE 5
25.31 	ADDITIONAL HEALTH CARE PROVISIONS

25.32 	Section 1. Minnesota Statutes 2010, section 256B.056, subdivision 1c, is amended to 
25.33 	read:
26.1 		Subd. 1c.Families with children income methodology. (a)(1) [Expired, 1Sp2003 
26.2 	c 14 art 12 s 17]
26.3 	(2) For applications processed within one calendar month prior to July 1, 2003, 
26.4 	eligibility shall be determined by applying the income standards and methodologies in 
26.5 	effect prior to July 1, 2003, for any months in the six-month budget period before July 
26.6 	1, 2003, and the income standards and methodologies in effect on July 1, 2003, for any 
26.7 	months in the six-month budget period on or after that date. The income standards for 
26.8 	each month shall be added together and compared to the applicant's total countable income 
26.9 	for the six-month budget period to determine eligibility.
26.10 	(3) For children ages one through 18 whose eligibility is determined under section 
26.11 	256B.057, subdivision 2, the following deductions shall be applied to income counted 
26.12 	toward the child's eligibility as allowed under the state's AFDC plan in effect as of July 
26.13 	16, 1996: $90 work expense, dependent care, and child support paid under court order. 
26.14 	This clause is effective October 1, 2003.
26.15 	(b) For families with children whose eligibility is determined using the standard 
26.16 	specified in section 256B.056, subdivision 4, paragraph (c), 17 percent of countable 
26.17 	earned income shall be disregarded for up to four months and the following deductions 
26.18 	shall be applied to each individual's income counted toward eligibility as allowed under 
26.19 	the state's AFDC plan in effect as of July 16, 1996: dependent care and child support paid 
26.20 	under court order.
26.21 	(c) If the four-month disregard in paragraph (b) has been applied to the wage 
26.22 	earner's income for four months, the disregard shall not be applied again until the wage 
26.23 	earner's income has not been considered in determining medical assistance eligibility for 
26.24 	12 consecutive months.
26.25 	(d) The commissioner shall adjust the income standards under this section each July 1 
26.26 	by the annual update of the federal poverty guidelines following publication by the United 
26.27 	States Department of Health and Human Services except that the income standards shall 
26.28 	not go below those the income standards in effect on July 1, 2009 of the preceding year.
26.29 	(e) For children age 18 or under, annual gifts of $2,000 or less by a tax-exempt 
26.30 	organization to or for the benefit of the child with a life-threatening illness must be 
26.31 	disregarded from income.

26.32 	Sec. 2. Minnesota Statutes 2011 Supplement, section 256B.0625, subdivision 17a, 
26.33 	is amended to read:
26.34 		Subd. 17a.Payment for ambulance services. (a) Medical assistance covers 
26.35 	ambulance services. Providers shall bill ambulance services according to Medicare criteria
27.1 	using diagnosis codes indicating the condition that was treated by the ambulance crew. 
27.2 	The list of advanced life support and basic life support covered diagnosis codes must 
27.3 	be updated monthly by the commissioner and made available on the department's Web 
27.4 	site. Nonemergency ambulance services shall not be paid as emergencies. Effective for 
27.5 	services rendered on or after July 1, 2001, medical assistance payments for ambulance 
27.6 	services shall be paid at the Medicare reimbursement rate or at the medical assistance 
27.7 	payment rate in effect on July 1, 2000, whichever is greater.
27.8 	(b) Effective for services provided on or after September 1, 2011, ambulance 
27.9 	services payment rates are reduced 4.5 percent. Payments made to managed care plans 
27.10 	and county-based purchasing plans must be reduced for services provided on or after 
27.11 	January 1, 2012, to reflect this reduction.

27.12 	Sec. 3. Minnesota Statutes 2010, section 256B.0625, subdivision 22, is amended to 
27.13 	read:
27.14 		Subd. 22.Hospice care. Medical assistance covers hospice care services under 
27.15 	Public Law 99-272, section 9505 United States Code, title 42, section 1396d(o), to the 
27.16 	extent authorized by rule, except that a recipient age 21 20  or under who elects to receive 
27.17 	hospice services does not waive coverage for services that are related to the treatment of 
27.18 	the condition for which a diagnosis of terminal illness has been made.

27.19 	Sec. 4. Minnesota Statutes 2010, section 256B.0644, is amended to read:
27.20 	256B.0644 REIMBURSEMENT UNDER OTHER STATE HEALTH CARE 
27.21 	PROGRAMS.
27.22 	(a) A vendor of medical care, as defined in section 256B.02, subdivision 7, and a 
27.23 	health maintenance organization, as defined in chapter 62D, must participate as a provider 
27.24 	or contractor in the medical assistance program, general assistance medical care program, 
27.25 	and MinnesotaCare as a condition of participating as a provider in health insurance plans 
27.26 	and programs or contractor for state employees established under section 43A.18, the 
27.27 	public employees insurance program under section 43A.316, for health insurance plans 
27.28 	offered to local statutory or home rule charter city, county, and school district employees, 
27.29 	the workers' compensation system under section 176.135, and insurance plans provided 
27.30 	through the Minnesota Comprehensive Health Association under sections 62E.01 to 
27.31 	62E.19. The limitations on insurance plans offered to local government employees shall 
27.32 	not be applicable in geographic areas where provider participation is limited by managed 
27.33 	care contracts with the Department of Human Services.
28.1 	(b) For providers other than health maintenance organizations, participation in the 
28.2 	medical assistance program means that:
28.3 	 (1) the provider accepts new medical assistance, general assistance medical care, 
28.4 	and MinnesotaCare patients;
28.5 	(2) for providers other than dental service providers, at least 20 percent of the 
28.6 	provider's patients are covered by medical assistance, general assistance medical care, 
28.7 	and MinnesotaCare as their primary source of coverage; or
28.8 	(3) for dental service providers, at least ten percent of the provider's patients are 
28.9 	covered by medical assistance, general assistance medical care, and MinnesotaCare as 
28.10 	their primary source of coverage, or the provider accepts new medical assistance and 
28.11 	MinnesotaCare patients who are children with special health care needs. For purposes 
28.12 	of this section, "children with special health care needs" means children up to age 18 
28.13 	who: (i) require health and related services beyond that required by children generally; 
28.14 	and (ii) have or are at risk for a chronic physical, developmental, behavioral, or emotional 
28.15 	condition, including: bleeding and coagulation disorders; immunodeficiency disorders; 
28.16 	cancer; endocrinopathy; developmental disabilities; epilepsy, cerebral palsy, and other 
28.17 	neurological diseases; visual impairment or deafness; Down syndrome and other genetic 
28.18 	disorders; autism; fetal alcohol syndrome; and other conditions designated by the 
28.19 	commissioner after consultation with representatives of pediatric dental providers and 
28.20 	consumers.
28.21 	(c) Patients seen on a volunteer basis by the provider at a location other than 
28.22 	the provider's usual place of practice may be considered in meeting the participation 
28.23 	requirement in this section. The commissioner shall establish participation requirements 
28.24 	for health maintenance organizations. The commissioner shall provide lists of participating 
28.25 	medical assistance providers on a quarterly basis to the commissioner of management and 
28.26 	budget, the commissioner of labor and industry, and the commissioner of commerce. Each 
28.27 	of the commissioners shall develop and implement procedures to exclude as participating 
28.28 	providers in the program or programs under their jurisdiction those providers who do 
28.29 	not participate in the medical assistance program. The commissioner of management 
28.30 	and budget shall implement this section through contracts with participating health and 
28.31 	dental carriers.
28.32 	(d) For purposes of paragraphs (a) and (b), participation in the general assistance 
28.33 	medical care program applies only to pharmacy providers.
28.34 	(e) Community clinics providing services under section 256B.0625, subdivision 30, 
28.35 	and critical access dental providers providing services under section 256B.76, subdivision 
29.1 	4, paragraph (b), clause (1), cannot limit or restrict patients under paragraph (b), clauses 
29.2 	(2) and (3), and paragraph (c).

29.3 	Sec. 5. Minnesota Statutes 2010, section 256B.0659, subdivision 30, is amended to 
29.4 	read:
29.5 		Subd. 30.Notice of service changes to recipients. The commissioner must provide:
29.6 	(1) by October 31, 2009, information to recipients likely to be affected that (i) 
29.7 	describes the changes to the personal care assistance program that may result in the 
29.8 	loss of access to personal care assistance services, and (ii) includes resources to obtain 
29.9 	further information;
29.10 	(2) notice of changes in medical assistance personal care assistance services to each 
29.11 	affected recipient at least 30 days before the effective date of the change.
29.12 	The notice shall include how to get further information on the changes, how to get help to 
29.13 	obtain other services, a list of community resources, and appeal rights. Notwithstanding 
29.14 	section 256.045, a recipient may request continued services pending appeal within the 
29.15 	time period allowed to request an appeal 30 days after the notice of change in personal 
29.16 	care assistance services, or before the effective date of action, whichever is later. A 
29.17 	managed care enrollee may request continuation of services pending an appeal to the state 
29.18 	within ten days after the written resolution of a managed care organization appeal, or 
29.19 	before the effective date of action, whichever is later; and
29.20 	(3) a service agreement authorizing personal care assistance hours of service at 
29.21 	the previously authorized level, throughout the appeal process period, when a recipient 
29.22 	requests services pending an appeal.

29.23 	Sec. 6. Minnesota Statutes 2010, section 256B.27, subdivision 3, is amended to read:
29.24 		Subd. 3.Access to medical records. The commissioner of human services, with the 
29.25 	written consent of the recipient, on file with the local welfare agency, shall be allowed 
29.26 	access to all personal medical records of medical assistance recipients solely for the 
29.27 	purposes of investigating whether or not: (a) (1) a vendor of medical care has submitted a 
29.28 	claim for reimbursement, a cost report or a rate application which is duplicative, erroneous, 
29.29 	or false in whole or in part, or which results in the vendor obtaining greater compensation 
29.30 	than the vendor is legally entitled to; or (b) (2) the medical care was medically necessary. 
29.31 	The vendor of medical care shall receive notification from the commissioner at least 
29.32 	24 hours before the commissioner gains access to such records. The determination of 
29.33 	provision of services not medically necessary shall be made by the commissioner. The 
29.34 	commissioner may consult with an advisory task force of vendors the commissioner may 
30.1 	appoint, on the recommendation of appropriate professional organizations. The task 
30.2 	force expires as provided in section 15.059, subdivision 6. Notwithstanding any other 
30.3 	law to the contrary, a vendor of medical care shall not be subject to any civil or criminal 
30.4 	liability for providing access to medical records to the commissioner of human services 
30.5 	pursuant to this section. 

30.6 	Sec. 7. Minnesota Statutes 2010, section 256L.04, subdivision 7b, is amended to read:
30.7 		Subd. 7b.Annual income limits adjustment. The commissioner shall adjust the 
30.8 	income limits under this section each July 1 by the annual update of the federal poverty 
30.9 	guidelines following publication by the United States Department of Health and Human 
30.10 	Services except that the income standards shall not go below those the income standards
30.11 	in effect on  the preceding July 1, 2009.

30.12 	Sec. 8. Laws 2010, First Special Session chapter 1, article 16, section 8, the effective 
30.13 	date, is amended to read:

30.14 	EFFECTIVE DATE. This section is effective July 1, 2010, for services provided 
30.15 	through fee-for-service, and January 1, 2011, for services provided through managed care.

30.16 	EFFECTIVE DATE. This section is effective retroactively from January 1, 2011.

30.17 	Sec. 9. Laws 2010, First Special Session chapter 1, article 16, section 9, the effective 
30.18 	date, is amended to read:

30.19 	EFFECTIVE DATE. This section is effective July 1, 2010, for services provided 
30.20 	through fee-for-service, and January 1, 2011, for services provided through managed care.

30.21 	EFFECTIVE DATE. This section is effective retroactively from January 1, 2011.

30.22 	Sec. 10. Laws 2010, First Special Session chapter 1, article 16, section 10, the effective 
30.23 	date, is amended to read:

30.24 	EFFECTIVE DATE. This section is effective July 1, 2010, for services provided 
30.25 	through fee-for-service, and January 1, 2011, for services provided through managed care.

30.26 	EFFECTIVE DATE. This section is effective retroactively from January 1, 2011.

30.27 	Sec. 11. REVISOR'S INSTRUCTION.
 31.1 	The revisor shall change the term "Health Services Policy Committee" to "Health 
31.2 	Services Advisory Council" wherever it appears in statutes.