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S.F. No. 731 - Health and Human Services Omnibus Policy Bill (The First Engrossment)
 
Author: Senator David Hann
 
Prepared By: Joan White, Senate Counsel (651/296-3814)
 
Date: May 5, 2011



 

Article 1
Health Care

Section 1 (62J.497, subdivision 2) establishes an exemption for smaller clinics with one or two physicians from the January 1, 2011, deadline for establishing an electronic prescription drug program, if the clinic is making a good-faith effort to meet the electronic health records system deadline.

Section 2 establishes the Autism Spectrum Disorder Task Force.

Subdivision 1 states that the task force shall be composed of 20 members and establishes the appointments of the members.

Subdivision 2 requires the task force to develop an autism spectrum disorder statewide strategic plan that focuses on improving awareness, early diagnosis and intervention, and ensuring delivery of treatment and services for individuals diagnosed with an autism spectrum disorder.  The task force is required to coordinate with the existing efforts at the state agencies and at the University of Minnesota.

Subdivision 3 requires the task force to submit the strategic plan to the Legislature by January 15, 2013, and to submit a progress report on the implementation of the plan by January 15, 2014, and January 15, 2015.

Subdivision 4 states that the task force expires June 30, 2015.

Article 2
Human Services

Section 1 (245.50) modifies the section of law that allows Minnesota to contract with facilities in bordering states for mental health and chemical health services that are closer to the homes of the individuals being treated.  This section allows the state or county to contract with a neighboring state for detoxification services. 

Section 2 (245A.04, subdivision 2) is technical; inserts a cross-reference to section 4.

Section 3 (245A.14, subdivision 1) modifies the Department of Human Services Licensing Act, allowing a family day care serving 14 or fewer children to be a permitted single-family residential use for purposes of zoning requirements, only if the license holder owns or rents and resides in the home, and is the primary provider of care.  Paragraph (c) allows a municipality to prohibit property zoned as a permitted single-family residential use from being used for day care when the license holder is not the primary provider of care or does not occupy the property as a primary residence.

Section 4 (245A.14, subdivision 4)  relates to nonresidential child care programs that are at a location other than the license holder’s residence, by striking the requirement that the license holder be the primary provider of care and that the child care program be conducted in a dwelling that is located on a residential lot.  This section also prohibits the commissioner from issuing or reissuing a license to an applicant who does not occupy the property as a primary residence, unless the municipality has provided the commissioner with written approval for this use of the property.  Upon receipt of notice from a municipality that an existing day care is not in conformance with zoning requirements, the commissioner shall provide the license holder with a 60-day notice of closure of the program.

Section 5 (256.0112, subdivision 9) allows the county to negotiate a supplemental agreement to a contract for purposes of contracting for specific performance. The supplemental contract may augment the lead contract requirements and rates for services. The additional provisions must be negotiated with the vendor and designed to encourage successful, timely, and cost-effective outcomes, and may establish incentive payments, penalties, and performance-related reporting requirements.

Section 6 (462.357, subdivision 7) adds language to the zoning chapter of law to mirror the changes in the licensing act under section 3.

Section 7 requires the Commissioner of Human Services to issue a request for information for an integrated service delivery system for health care programs, food support, cash assistance, and child care.  The request for information must require that the system streamline eligibility determinations, enable persons to determine eligibility and apply for programs online, leverage technology, and include Web-based application, worker application processing support, and the opportunity to expansion.

Paragraph (b) requires the commissioner is required to issue a final report, including an implementation plan, to the Legislature no later than April 30, 2012.

Paragraph (c) requires the commissioner to partner with counties, a service delivery authority established under Minnesota Statutes, chapter 402A, the Office of Enterprise Technology, other state agencies, and service partners to develop the integrated service delivery framework.

Paragraph (d) requires the commissioner to report specific implementation progress to the Legislature annually beginning January 15, 2013.

Paragraph (e) requires the commissioner to work with the Minnesota Association of County Social Service Administrators and the Office of Enterprise Technology to develop collaborative task forces to implement the service delivery components under this paragraph.

This section is effective the day following final enactment.

Article 3
Licensing (Health Boards)

Sections 1 to 6 and section 51, paragraph (b), make changes to the Board of Nursing licensure statutes.
 
Section 1 (148.191, subdivision 2) removes obsolete language relating to the adoption of rules. This section also authorizes the Board of Nursing to accept and expend grants and gifts for the purposes consistent with the board’s role and statutory authority.  It also authorizes the Board to accept registration fees for meetings and conferences.
 
Section 2 (148.211, subdivision 1), for purposes of obtaining a license by examination, an applicant must present the Board of Nursing with evidence of completion of a nursing education program that was conducted in English and approved by the Board. This section also requires an applicant who graduated from a nursing program in Quebec to satisfy the requirements that applicants are required to satisfy when the nursing program they graduated from was outside of the United States or Canada (excludes Quebec).
 
Section 3 (148.212, subdivision 1) modifies the requirements for a temporary permit to practice.
 
Section 4 (148.231) makes a number of technical changes. Removes the penalty fee for any application applied to registration renewal received after the required date.
 
Section 5 (148.242) states that the fees paid to the Board of Nursing are nonrefundable and are to be deposited in the state government special revenue fund.
 
Section 6 (148.243) establishes the fees paid to the Board of Nursing in statute.
 
Sections 7 to 51, paragraph (a), create a new chapter of law regulating alcohol and drug counselors. These sections consolidate existing alcohol and drug counselor statutes and rules, and remove obsolete, repetitive, and unnecessary language.  The substantive changes to these sections:
  • simplify the description of the course work in the education requirements for licensure;
  • decrease the number of times a temporary permit holder can renew from five to three;
  • streamline the renewal process and set deadline dates requiring that the application, fee, and continuing education report be submitted on the same date;
  • clarify and update continuing education requirements and specify a requirement for human diversity and professional ethics education;
  • create standards of conduct  for licensed alcohol and drug counselors that are consistent in content and format with those for other health care professionals; and
  • add an exception to licensure for Upper Midwest Indian Council on Addictive Disorders certified counselors to provide services to American Indian people outside of tribal jurisdiction.

 

 KC/JW:rdr

 

 
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