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S.F. No. 2397 - Department of Human Services "Unsession" Bill (First Engrossment)
 
Author: Senator John A. Hoffman
 
Prepared By: Joan White, Senate Counsel (651/296-3814)
 
Date: March 17, 2014



 

Article 1:  Children and Family Services

Sections 1 to 5 (256D.02, subd. 11; 256D.02, subd. 12a; 256D.04; 256D.045; 256D.07) strike obsolete references to general assistance medical care.

Section 6 (256I.04, subd. 3) modifies the group residential housing (GRH) section of law by striking two clauses; there are not any rates based on the language in the first paragraph, and the rate in the second paragraph was tested by the Department of Human Service (DHS) and deemed unsuccessful.

Section 7 (256I.05, subd. 1c) also modifies the GRH statute, by striking a paragraph that established a rate for a GRH facility that closed.

Section 8 (256J.425, subd. 4) modifies MFIP by removing the two per year limit on the exemption from the hourly employment requirement due to involuntary job loss.

Section 9 (518A.65) strikes a requirement that the commissioner submit a report every two years, beginning in 1997, to the Legislature regarding child support obligors who drivers’ licenses have been suspended due to nonpayment of child support.

Section 10 corrects a cross-reference.

Sections 11 and 12 repeal Minnesota Statutes, sections:

  • 119A.04, subd. 1 (outdated language directing the transfer of program from education to human services in 2003);
  • 119B.035 (the At-home infant care program);
  • 119B.09, subd. 2 (duplicative language related to the requirement that child care services be available to families on a sliding fee basis. Duplicates language in section 119B.09, subd. 12);
  • 119B.23 (the section of law that authorizes county boards to provide child care services or make grants to improve child care facilities.  Has not been funded since FY 2006);
  • 119B.231 (the school readiness service agreements section of law, which allowed the commissioner to enter into service agreements with up to 50 child care providers who are deemed to perform services that support school readiness for children and economic stability for children. This provision has not been funded since FY 2011 and has been replaced with other tools, the provider rate differential (15% & 20%) and weekly maximum rate payments under certain conditions (see section 119B.13, subd. 3b and subd. 3c);    
  • 119B.232 (the Family, Friend, and Neighbor Grant Program  (FFN).  FFN grant program was funded with State GF in SFY08-09 and then with federal ARRA funds in SFY10-11 ($375 K per year));
  • 256.01, subd. 3 (transfer of power from executive council to Commissioner of Human Services); 
  • 256.01, subd. 14 (the child welfare reform pilots no longer needed because changes were incorporated into family assessment changes in section 626.556);
  • 256.01, subd. 14a (the single benefit demonstration no longer needed because demo resulted in new law, 256M):
  • 256.9792 (the Arrearage Collection Project, which allowed the Commissioner of the Department of Human Services to contract with the Department of Revenue, private collection agencies, or other collection entities for assistance in arrears collection.  The department has not had a contract in place for these services for several years); 
  • 256D.02, subd. 19 (the definition of the term “cost-effective,” which was related to GAMC);
  • 256D.05, subd. 4 (a provision related to GAMC eligibility);
  • 256D.46 (Emergency Supplemental Aid no longer exists; in the 2011 Legislative Session it was rolled into Emergency General Assistance);
  • 256I.05, subd. 1b (a GRH rate for an unnamed Boarding Care home in SE MN that has since converted to a board and lodge);
  • 256I.05, subd. 5 (the adult foster care rates subdivision, because section 256I.05, subd. 1c, (b) sets the Difficulty of Care rate at the maximum GRH supplemental service rate);
  • 256I.07 (the Respite Care Pilot Program; Family Adult Foster Care section of law, which was passed in 2001, implemented as a two year pilot and not renewed);
  • 256K.35 (the At-Risk Youth Out-Of-Wedlock Pregnancy Prevention Program, which is a statewide grant program to prevent pregnancies among homeless youth.  The program has not been funded for many years);
  • 259.85, subds. 1, 2, 3, 4, 5 (Post Adoption Service Grants Program, which provided financial assistance to parents who adopt children with special needs.  Funds are available through adoption assistance under to Minnesota Statutes, Chapter 259A);
  • 518A.53, subd. 7 (the provision that applies to child support orders that do not contain income withholding); 
  • 518A.74 (the Publication of Names of Delinquent Child Support Obligors section of law);  This statute allows the Commissioner of Human Services to publish the names of delinquent child support obligors, and Minnesota has not published the names of delinquent child support obligors in many years);
  • 626.5593 (a provision in the vulnerable adult act that imposed requirements that were due in 1995); and
  • 256J.24, subd. 10 (the MFIP exit level effective October 1, 2014, which avoids a conflict when the MFIP 50% disregard becomes effective on October 1, 2014).

 Article 2:  Health Care

Section 1 (256.963, subd. 2) removes an outdated provision requiring DHS and the Minnesota Hospital Association to evaluate the emergency room diversion pilot project and submit a report to the Legislature by January 15, 2009.

Section 2 (256.969, subd. 9) removes a provision effective for hospital admissions between October 1992 through December 1992 requiring a MA disproportionate population adjustment.

Section 3 (256B.69, subd. 2) strikes obsolete language stating that Itasca County may participate in PMAP as a demonstration provider until July 1, 2004.

Section 4 (256B.69, subd. 4b) strikes an effective date reference from 1999.

Section 5 (256B.69, subd. 5) strikes language requiring a report by January 15, 1996.

Section 6 (256B.69, subd. 5a) strikes old effective dates and references to withholds that occurred for a specific period of time and that time has passed.

Section 7 (256B.69, subd. 5b) strikes an effective date reference from 2003.

Section 8 (256B.69, subd. 5c) strikes language that was in effect until January 1, 2002.

Section 9 (256B.69, subd. 6b) strikes an effective date reference of July 1, 2006.

Section 10 (256B.69, subd. 6d) strikes an effective date reference of January 1, 2004.

Section 11 (256B.69, subd. 17) strikes an effective date reference of June 30, 1990.

Section 12 (256B.69, subd. 26) strikes an effective date reference of January 1, 1999.

Section 13 (256B.69, subd. 28) strikes language requiring a report that was due February 1, 2007.

Section 14 (256B.69, subd. 29) strikes an effective date of January 1, 2011.

Section 15 (256B.69, subd. 30) strikes language requiring the commissioner to seek federal waivers within 90 days of the effective date.

Section 16 (256B.692, subd. 2) strikes a per enrollee fee that was in place for fiscal year 2009 only.

Section 17 (256B.692, subd. 5) strikes language referencing a date in which a county is required to submit to the commissioner a final proposal and references to the commissioner terminating PMAP contracts until two years have elapsed since the initial implementation of PMAP.

Section 18 (256B.76, subd. 4) strikes a provision in the designated  critical access dental provider section that gave the higher reimbursement rate to a designated critical access clinic for dental  services that were provided off site at a private dental office if certain requirements were met.  Federal approval was required for this section to become effective and federal approval was denied.

Section 19 repeals Minnesota Statutes, sections:

  • 256.959 (dental practice donation program);
  • 256.964 (dental care pilot project);
  • 256.9691 (technology assistance review panel);
  • 256B.043 (cost containment efforts);
  • 256B.075, subd. 4 (disease management program report);
  • 256B.0757, subd. 7 (coordinated care state plan amendment);
  • 256B.19, subd.3 (division of cost report);
  • 256B.53 (dental access grants);
  • 256B.69 subds. 5e, 6c and 24a (prepaid health plans); and
  • 256B.692, subd.10 (county-based purchasing plan report).

 Article 3:   Chemical and Mental Health Services

Section 1 (245.4871, subd. 3) strikes from the definition of case management services, developing a functional assessment for an individual, if needed.

Section 2 (245.4871, subd. 6) strikes the definition of “child with severe emotional disturbance.”

Section 3 (245.4871, subd. 27) updates outdated terminology and strikes one category of mental health professional.

Section 4 (245.4873, subd. 2) strikes unnecessary language related to the children’s cabinet.

Section 5 (245.4874, subd. 1) strikes from the duties of the county board to provide the community with information about predictors and symptoms of emotional disturbances and how to access children’s mental health services.

Sections 6 and 7 (245.4881, subd. 3; 245.4481, subd. 4) strike the requirement that a case manager complete a written functional assessment.

Section 8 (245.4882, subd. 1) strikes language that restricts placement of a child in a residential setting that are more intensive, costly, or restrictive. 

Section 9 (246.325) updates statute establishing the garden of remembrance at the Cambridge State Hospital.

Section 10 (254B.05, subd. 2) strikes language that allows the commissioner to reduce a fee imposed on local agencies.

Section 11 (256.01, subd. 14b) corrects a cross-reference.

Sections 12 to 16 amend the children’s therapeutic services and supports (CTSS) statute.

Section 12 (256B.0943, subd. 2) strikes “clinical care consultation,” “family psychoeducation,” and “family peer specialists” from the services components of CTSS, and adds “patient or family psychotherapy for crisis.”

Section 13 (256B.0943, subd. 7) clarifies qualifications for mental health providers and strikes a paragraph related to the composition of a preschool multidisciplinary team.

Section 14 (256B.0943, subd. 8) repeals an obsolete training requirement rule reference for mental health behavioral aides.

Section 15 (256B.0943, subd. 10) updates CTSS authorization consistent with the medical assistance statute.

Section 16 (256B.0943, subd. 12) strikes from CTSS “adjunctive activities” consultation with other providers about the progress of a client and activities that are not direct service time.

Section 17 repeals Minnesota Statutes, sections:
The following repeal provisions in Chapter 145 Department of Human Services chapter
245.0311
obsolete law from 1971 regarding commissioner authority to transfer positions
245.0312 DESIGNATING SPECIAL CARE UNITS obsolete law authorizing comm to designate SOS as special care units
245.4861 PUBLIC/ACADEMIC LIAISON INITIATIVE 1989 statute to partner with postsecondary institutions on brain research, with annual report to the Legislature

The following sections through 245.4875 modify the Children’s Mental Health Act:

245.487, subd. 4 a provision that was required to be implemented by 1994, subd. 5 repeals the roll out of continuation of services in 1989.

245.4871 repeals the following definitions:

Subd. 7. Clinical supervision.

Subd. 11. Diagnostic assessment

Subd. 18. Functional assessment

Subd. 25. Mental health funds.

245.4872 PLANNING FOR A CHILDREN'S MENTAL HEALTH SYSTEM

245.4873 COORDINATION OF CHILDREN'S MENTAL HEALTH SYSTEM

Subd. 3. Local level coordination.

Subd. 6. Priorities, obsolete; the requirement was due by January 1, 1992.

245.4875 Local Service Delivery System

Subd. 3. Local contracts

Subd. 6. Local system of care

Subd. 7. Other local authority

245.4883 ACUTE CARE HOSPITAL INPATIENT SERVICES.

Subdivision 1. Availability of acute care hospital inpatient services

245.490 REGIONAL TREATMENT CENTERS: MISSION STATEMENT

The following sections through 245.494 modify the CHILDREN'S MENTAL HEALTH INTEGRATED FUND

245.492 DEFINITIONS.

Subd. 6. Operational target population

Subd. 8. Integrated fund task force

Subd. 13. Local coordinating council

Subd. 19. Start-up funds

245.4932 REVENUE ENHANCEMENT; AUTHORITY AND RESPONSIBILITIES

Subd. 2. Commissioner's responsibilities

Subd. 3. Payments

Subd. 4. Centralized disbursement of medical assistance payments

245.4933 MEDICAL ASSISTANCE PROVIDER STATUS

245.494 STATE LEVEL COORDINATION.

Subdivision 1. Children's Cabinet

245.63 ASSISTANCE OR GRANT FOR A MENTAL HEALTH SERVICES PROGRAM. Outdated statute

245.652 REGIONAL TREATMENT CENTERS. Outdated statute

245.69 ADDITIONAL DUTIES OF COMMISSIONER.

Subdivision 1. Duties

245.714 MAINTENANCE OF EFFORT passed in 1982

245.715 QUALIFICATIONS AS A COMMUNITY MENTAL HEALTH CENTER. From 1982

245.717 WITHHOLDING OF FUNDS from 1982

245.718 APPEAL from 1982

245.721 MENTAL ILLNESS INFORMATION MANAGEMENT SYSTEM. Requirement was due 1/1/90

245.77 LEGAL DECISION ON RESIDENCY; RECEIPT OF FEDERAL FUNDS. Is obsolete

245.821 TREATMENT FACILITIES FOR DISABLED PERSONS

245.827 COMMUNITY INITIATIVES FOR CHILDREN is a demonstration project from 1988

245.981 COMPULSIVE GAMBLING ANNUAL REPORT statute passed in 2012, requiring a report annually beginning February 2014.

Chapter 246.  State-Operated Services

246.012 MEASURE OF SERVICE

246.0135, 246.016, 245.023 are obsolete because they relate to RTCs

246.16 UNCLAIMED MONEY OR PERSONAL PROPERTY. Regarding personal property at SOS.

246.28 DIAGNOSTIC TESTS AND X-RAY EXAMINATIONS; REPORT. Originally passed in 1941 regarding tuberculosis

BLOOD-BORNE PATHOGENS; SECURE TREATMENT FACILITY EMPLOYEES  (all sections under this heading are obsolete and repealed):

246.71; 246.711; 246.712; 246.713; 246.714; 246.715; 246.716; 246.717; 246.718; 246.719; 246.72; 246.721; 246.722

251.045 PERSONS NOW RECEIVING BENEFIT

The following provisions are repealed from Chapter 252; Services for Persons with Developmental Disabilities:

252.05 ABDUCTION OR ENTICING AWAY PROHIBITED; PENALTY.

252.07 SHERIFF, EXPENSES.

252.09 COURSES OF INSTRUCTION FOR TEACHERS. Obsolete; relates to teachers at Faribault Hospital, which is closed.

Chapter 254. Commitment of Certain Drug Users: Provisions repealed under this chapter are obsolete because they related to RTCs.

Chapter 254A. Treatment for Alcohol and Drug Abuse: Provisions repealed under this chapter are outdated provisions.

Chapter 254B. Chemical Dependency Treatment

254B.01 DEFINITIONS.

Subdivision 1. Applicability.

254B.04 ELIGIBILITY FOR CHEMICAL DEPENDENCY FUND SERVICES.

Subd. 3. Amount of contribution required commissioner to adopt rules for

CD  sliding fee scale

(b)       Repealers from 2013 supplement:

246.0251 HOSPITAL ADMINISTRATOR obsolete statute

254.05 DESIGNATION OF STATE HOSPITALS obsolete statute

254B.13 PILOT PROJECTS; CHEMICAL HEALTH CARE.

Subd. 3. Program evaluation.  Report was due January 15, 2014.

 Article 4:  Continuing Care

Section 1 (256B.0913, subd. 5a) removes outdated language related to lead agencies contracting with providers under the Alternative Care (AC) program.

Section 2 (256B.0913, subd. 14) removes outdated language related to lead agencies contracting with providers under the AC program, and specifies that service rates are set according to the provisions of the Elderly Waiver (EW) program.

Section 3 (256B.0915, subd. 3c) removes outdated language related to lead agencies contracting with providers under the EW program.

Section 4 (256B.0915, subd. 3d) removes outdated language related to lead agencies contracting with providers under the EW program.

Section 5 (256B.0915, subd. 3f) removes outdated language related to lead agencies contracting with providers under the EW program, and specifies the payments for services authorized by lead agencies.

Section 6 (256B.0915, subd. 3g) specifies EW rate limits are statewide, and excludes 24-hour customized living services from these service rate limits.

Section 7 (517.04) strikes from the statute specifying persons authorized to perform civil marriages an outdated reference to the Minnesota State Academy for the Deaf and the Minnesota State Academy for the Blind.

Section 8 (595.06) updates terminology in the statute related to the capacity of a witness.

Section 9 repeals:

  1. Minnesota Statutes, sections:  245.072 (DHS’s Division for Persons with Developmental Disabilities);

256.971 (services for people who are deaf or hard of hearing register);

256.975, subdivision 3 (Board on Aging policy statement);

256.9753, subdivision 4 (report due to the Legislature in 1981);

256B.04, subdivision 16 (language directing MDH and DHS to license personal care assistance services);

256B.0656 (consumer-directed home care demonstration project);

256B.0657 (self-directed community supports demonstration project);

256B.0913, subdivision 9 (lead agency contract language);

256B.0916, subdivisions 6 and 6a (outdated federal waiver request instructions); 256B.0928 (statewide caregiver support and respite care project);

256B.31 (continued care for long-term polio patient)

256B.431, subdivisions 28, 31, 33, 34, 37, 38, 39, 40, 41, and 43 (outdated nursing facility rate increase subdivisions);

256B.434, subdivision 19 (outdated nursing facility rate increase subdivision);

256B.440 (outdated nursing facility reimbursement recommendation requirements); 256B.441, subdivisions 46 and 46a (outdated nursing facility quality add-on provisions); 256B.491 (outdated waiver services study and salary adjustment provisions);

256B.501, subdivisions 3a, 3b, 3h, 3j, 3k, 3l, and 5e (outdated ICF/DD subdivisions); 256B.5016 (outdated ICF/DD pilot program);

256B.503 (expired requirement for DHS to create rules); and

626.557, subdivision 16 (repeals duties imposed on the commissioner that were due in 1995).

  1. Minnesota Statutes, sections:  256B.501, subdivision 5b (outdated ICF/DD subdivisions), 256C.05 (Criminal Penalty); and

256C.29 (communication devices at bus terminals).

(Obsolete nursing facility rules or nursing facility provisions also in statute)

  1. Minnesota Rules, parts 9549.0020, subparts 2, 12, 13, 20, 23, 24, 25, 26, 27, 30, 31, 32, 33, 34, 35, 36, 38, 41, 42, 43, 44, 46, and 47; 9549.0030; 9549.0035, subparts 4, 5, and 6; 9549.0036; 9549.0040; 9549.0041, subparts 1, 2, 3, 4, 5, 7, 8, 9, 10, 11, 12, 13, 14, and 15; 9549.0050; 9549.0051, subparts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 14; 9549.0053; 9549.0054; 9549.0055, subpart 4; 9549.0056; 9549.0060, subparts 1, 2, 3, 8, 9, 12, and 13; 9549.0061; and 9549.0070, subparts 1 and 4.

Article 5:  Operations

Section 1 (13.46, subd. 4) amends the Data Practices Act by striking two clauses that have been replaced, over time, with newer language for which the department relies, making these clauses obsolete.

Section 2 (245A.03, subd. 7) strikes an expired clause in the GRH statute.

Section 3 (245A.40, subd. 5) strikes a paragraph relating to child care training passed in 2007.  The additional training requirements passed in the past couple sessions conflict with this provision.

Section 4 (245A.40, subd. 8) strikes requirements imposed on the commissioner related to curriculum for cultural dynamics and disability training.

Section 5 (245A.50, subd. 3) strikes a paragraph that conflicts with training requirements in another subdivision within this statute.

Sections 6 and 7 (245C.04, subd. 1; 245C.05, subd. 5) strike language that is obsolete due to the 245D chapter passed last session, and strikes a paragraph that expired in 2009, and another that expired in 2012, and section 7 is a conforming change. 

Section 8 (626.556, subd. 3c) strikes a paragraph requiring a report in 2007.

Section 9 is a revisor instruction to make necessary technical cross-reference corrections.

Section 10 repeals Minnesota Statutes, sections:

  • 245A.02, subdivision 7b (obsolete definition of interpretive guidelines);
  • 245A.09, subdivision 12 (provision related to interpretive guidelines DHS does not use or issue interpretive guidelines);
  • 245A.11, subdivision 5 (expired subdivision that sunset in 1990, related to overconcentration of residential programs); and
  • 245A.655 (provision that required the commissioner to seek federal funding for the vulnerable adult common entry point (CEP), and described the parameters of the CEP).

JW/KC/DL:rer/gc

 
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