1.1 	A bill for an act
1.2 	relating to children's environmental health; modifying the lead abatement 
1.3 	program; requiring medical assistance coverage to cover environmental 
1.4 	investigations for children with elevated blood lead levels;amending Minnesota 
1.5 	Statutes 2006, sections 144.9507, by adding a subdivision; 144.9512, 
1.6 	subdivisions 1, 2, 3, 10; 256B.0625, by adding a subdivision; repealing 
1.7 	Minnesota Statutes 2006, section 144.9512, subdivisions 4, 6, 7, 8.
1.8 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.9 	Section 1. Minnesota Statutes 2006, section 144.9507, is amended by adding a 
1.10 	subdivision to read:
1.11 		Subd. 6.Medical assistance. Medical assistance reimbursement for lead risk 
1.12 	assessment services under section 256B.0625, subdivision 49, shall not be used to replace 
1.13 	or decrease existing state or local funding for lead services and lead-related activities.

1.14 	Sec. 2. Minnesota Statutes 2006, section 144.9512, subdivision 1, is amended to read:
1.15 		Subdivision 1.Definitions. (a) The definitions in section 144.9501 and in this 
1.16 	subdivision apply to this section.
1.17 	(b) "Eligible organization" means a lead contractor, city, board of health, community 
1.18 	health department, community action agency as defined in section 256E.30, or community 
1.19 	development corporation, or nonprofit organization.
1.20 	(c) "Commissioner" means the commissioner of health, or the commissioner of the 
1.21 	Minnesota Housing Finance Agency as authorized by section 462A.05, subdivision 15c.

1.22 	Sec. 3. Minnesota Statutes 2006, section 144.9512, subdivision 2, is amended to read:
2.1 		Subd. 2.Grants; administration. Within the limits of the available appropriation, 
2.2 	the commissioner must develop a swab team services program which may make 
2.3 	demonstration and training grants to eligible organizations to train workers to provide 
2.4 	swab team services and swab team services for residential property. Grants may be 
2.5 	awarded to nonprofit organizations to provide technical assistance and training to ensure 
2.6 	quality and consistency within the statewide program. Grants must be awarded to help 
2.7 	ensure full-time employment to workers providing swab team services and must be 
2.8 	awarded for a two-year period.
2.9 	Grants awarded under this section must be made in consultation with the 
2.10 	commissioner of the Housing Finance Agency and representatives of neighborhood 
2.11 	groups from areas at high risk for toxic lead exposure, a labor organization, the lead 
2.12 	coalition, community action agencies, and the legal aid society. The consulting team must 
2.13 	review grant applications and recommend awards to eligible organizations that meet 
2.14 	requirements for receiving a grant under this section.

2.15 	Sec. 4. Minnesota Statutes 2006, section 144.9512, subdivision 3, is amended to read:
2.16 		Subd. 3.Applicants. (a) Interested eligible organizations may apply to the 
2.17 	commissioner for grants under this section. Two or more eligible organizations may 
2.18 	jointly apply for a grant. Priority shall be given to community action agencies in greater 
2.19 	Minnesota and to either community action agencies or neighborhood based nonprofit 
2.20 	organizations in cities of the first class. Of the total annual appropriation, 12.5 percent may 
2.21 	be used for administrative purposes. The commissioner may deviate from this percentage 
2.22 	if a grantee can justify the need for a larger administrative allowance. Of this amount, 
2.23 	up to five percent may be used by the commissioner for state administrative purposes. 
2.24 	Applications must provide information requested by the commissioner, including at least 
2.25 	the information required to assess the factors listed in paragraph (d).
2.26 	(b) The commissioner must consult with boards of health to provide swab team 
2.27 	services for purposes of secondary prevention. The priority for swab teams created 
2.28 	by grants to eligible organizations under this section must be work assigned by the 
2.29 	commissioner of health, or by a board of health if so designated by the commissioner of 
2.30 	health, to provide secondary prevention swab team services to fulfill the requirements 
2.31 	of section 144.9504, subdivision 6, in response to a lead order. Swab teams assigned 
2.32 	work under this section by the commissioner, that are not engaged daily in fulfilling the 
2.33 	requirements of section 144.9504, subdivision 6, must deliver swab team services in 
2.34 	response to elevated blood lead levels as defined in section 144.9501, subdivision 9, 
2.35 	where lead orders were not issued, and for purposes of primary prevention in census 
3.1 	tracts known to be in areas at high risk for toxic lead exposure as described in section 
3.2 	144.9503, subdivision 2.
3.3 	(c) Any additional money must be used for grants to establish swab teams for 
3.4 	primary prevention under section 144.9503, in census tracts in areas at high risk for toxic 
3.5 	lead exposure as determined under section 144.9503, subdivision 2.
3.6 	(d) In evaluating grant applications, the commissioner must consider the following 
3.7 	criteria:
3.8 	(1) the use of lead contractors and lead workers for residential swab team services;
3.9 	(2) the participation of neighborhood groups and individuals, as swab team workers, 
3.10 	in areas at high risk for toxic lead exposure;
3.11 	(3) plans for the provision of swab team services for primary and secondary 
3.12 	prevention as required under subdivision 4;
3.13 	(4) plans for supervision, training, career development, and postprogram placement 
3.14 	of swab team members; and
3.15 	(5) plans for resident and property owner education on lead safety;
3.16 	(6) plans for distributing cleaning supplies to area residents and educating residents 
3.17 	and property owners on cleaning techniques;
3.18 	(7) sources of other funding and cost estimates for training, lead inspections, swab 
3.19 	team services, equipment, monitoring, testing, and administration;
3.20 	(8) measures of program effectiveness;
3.21 	(9) coordination of program activities with other federal, state, and local public 
3.22 	health, job training, apprenticeship, and housing renovation programs including programs 
3.23 	under sections 116L.86 to 116L.881; and
3.24 	(10) prior experience in providing swab team services.

3.25 	Sec. 5. Minnesota Statutes 2006, section 144.9512, subdivision 10, is amended to read:
3.26 		Subd. 10.Requirements of organizations receiving grants. An eligible 
3.27 	organization that is awarded a training and demonstration grant under this section must 
3.28 	prepare and submit a quarterly progress report to the commissioner beginning three 
3.29 	months after receipt of the grant.

3.30 	Sec. 6. Minnesota Statutes 2006, section 256B.0625, is amended by adding a 
3.31 	subdivision to read:
3.32 		Subd. 49.Lead risk assessments. (a) Effective October 1, 2007, or six months after 
3.33 	federal approval, whichever is later, medical assistance covers lead risk assessments 
3.34 	provided by a lead risk assessor who is licensed by the commissioner of health under 
4.1 	section 144.9505 and employed by an assessing agency as defined in section 144.9501. 
4.2 	Medical assistance covers a onetime on-site investigation of a recipient's home or primary 
4.3 	residence to determine the existence of lead so long as the recipient is under the age 
4.4 	of 21 and has a venous blood lead level specified in section 144.9504, subdivision 2, 
4.5 	paragraph (a).
4.6 	(b) Medical assistance reimbursement covers the lead risk assessor's time to 
4.7 	complete the following activities:
4.8 	(1) gathering samples;
4.9 	(2) interviewing family members;
4.10 	(3) gathering data, including meter readings; and
4.11 	(4) providing a report with the results of the investigation and options for reducing 
4.12 	lead-based paint hazards.
4.13 	Medical assistance coverage of lead risk assessment does not include testing of 
4.14 	environmental substances such as water, paint, or soil or any other laboratory services. 
4.15 	Medical assistance coverage of lead risk assessments is not included in the capitated 
4.16 	services for children enrolled in health plans through the prepaid medical assistance 
4.17 	program and the MinnesotaCare program.
4.18 	(c) Payment for lead risk assessment must be cost-based and must meet the 
4.19 	criteria for federal financial participation under the Medicaid program. The rate must 
4.20 	be based on allowable expenditures from  cost information gathered. Under section 
4.21 	144.9507, subdivision 5, federal medical assistance funds may not replace existing 
4.22 	funding for lead-related activities. The nonfederal share of costs for services provided 
4.23 	under this subdivision must be from state or local funds and is the responsibility of the 
4.24 	agency providing the risk assessment. When the risk assessment is conducted by the 
4.25 	commissioner of health, the state share must be from appropriations to the commissioner 
4.26 	of health for lead programs under sections 144.9502 and 144.9508. Eligible expenditures 
4.27 	for the nonfederal share of costs may not be made from federal funds or funds used to 
4.28 	match other federal funds. Any federal disallowances are the responsibility of the agency 
4.29 	providing risk assessment services.

4.30 	Sec. 7. STUDY OF BLOOD LEAD TESTING METHODS.
 4.31 	(a) The commissioner of health, in consultation with the commissioner of human 
4.32 	services, cities of the first class, health care providers, and other interested parties, shall 
4.33 	conduct a study to evaluate blood lead testing methods used to confirm elevated blood 
4.34 	lead status. The study shall examine:
5.1 	(1) the false positive rate of capillary tests for children who are younger than 72 
5.2 	months old;
5.3 	(2) current protocols for conducting capillary testing, including filter paper 
5.4 	methodology; and 
5.5 	(3) existing guidelines and regulations from other states and federal agencies 
5.6 	regarding lead testing.
5.7 	(b) The commissioner shall make recommendations on:
5.8 	(1) the use of capillary tests to initiate environmental investigations and case 
5.9 	management, including number and timing of tests and fiscal implications for state and 
5.10 	local lead programs; and
5.11 	(2) reducing the state mandatory intervention to ten micrograms of lead per deciliter 
5.12 	of whole blood.
5.13 	(c) The commissioner shall submit the results of the study and recommendations, 
5.14 	including any necessary legislative changes, to the legislature by January 15, 2008.

5.15 	Sec. 8.  REPEALER.
 5.16 	Minnesota Statutes 2006, section 144.9512, subdivisions 4, 6, 7, and 8, are repealed.