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S.F. No. 1172 - Health and Human Services Budget Establishment and Provisions Modifications - the First Engrossment
Author: Senator Tony Lourey
Prepared By: Katie Cavanor, Senate Counsel (651/296-3801)
Joan White, Senate Counsel (651/296-3814)
Liam Monahan, Senate Analyst (651/296-1791)
Date: March 10, 2015


 Section 1 (144.4961) establishes the Minnesota Radon Licensing Act.

          Subdivision 1 permits this section to be cited as the Minnesota Radon Licensing Act.

Subdivision 2 defines terms.

Subdivision 3 authorizes the Commissioner of Health to adopt rules relating to licensure and enforcement of laws and rules relating to indoor radon in dwellings and other buildings, with the exception of newly constructed homes.

Subdivision 4 requires all radon mitigation systems installed in Minnesota on or after July 1, 2016, to have a radon mitigation system tag provided by the commissioner.  The tag must be attached by a radon mitigation professional and must be in a visible location.

Subdivision 5 requires that every person, firm, or corporation that sells or performs a service for compensation to detect the presence of radon in the indoor atmosphere, performs laboratory analysis, or performs a service to mitigate radon in the indoor atmosphere be licensed on an annual basis.  Specifies that this does not apply to retail stores that only sell or distribute radon sampling and are not engaged in the manufacture of radon sampling devices.

Subdivision 6 specifies that radon systems installed in newly constructed homes prior to the issuance of a certificate of occupancy are exempt from this section.

Subdivision 7 requires that applications for licensure, system tags, and other reporting requirements be submitted on forms prescribed by the commissioner.

Subdivision 8 establishes radon license fees.

Subdivision 9 states that the commissioner shall enforce this section under Minnesota Statutes, sections 144.989 to 144.993.

Section 2 (144.9508) specifies that the authority to adopt rules consistent with the Toxic Substance Control Act do not expire.

Section 3 (144A.72, Subdivision 1)  adds a requirement that supplemental nursing services agencies retain for five years all records pertaining to their registration, including those records related to an agency’s insurance and bonding and its employees’ education, training, and licensing. Agencies must make these documents immediately available to DHS. Subdivision 1 also adds a requirement that in order to retain their registration, agencies provide services to a health care facility during the year prior to the date of their registration renewal.

Subdivision 2 removes the requirement that an agency must engage in a pattern of failure to comply with the provision of the section before it is subject to revocation or nonrenewal of its registration; a single instance of failure to comply is sufficient.

 Subdivision 4 requires a hearing involving an administrative law judge prior to the revocation or rejection of an agency’s registration or renewal of registration.

Section 4 (245.735, Subdivision 1) requires the Commissioner of Human services to develop and execute projects to reform the mental health system by participating in the federal Excellence in Mental Health demonstration project. 

Subdivision 2 requires the commissioner to submit a proposal to the federal Department of Health and Human Services for the demonstration project.

Subdivision 3 gives the commissioner rulemaking authority to establish standards for reform projects under subdivision 4.

Subdivision 4 requires the commissioner to establish standards for state certification of   certified community behavioral health clinics, and specifies what the certification standards must include. The commissioner is also required to establish standards and methodologies for a prospective payment system for MA payments for mental health services delivered in the clinics. 

Subdivision 5 requires the commissioner to consult with mental health providers, and others in developing the projects under subdivision 4.

Subdivision 6 requires the commissioner and the state chief information officer to provider information systems support to the projects as necessary to comply with federal requirements and deadlines.

Section 5 (256B.0638) creates the opioid prescribing improvement program.

Subdivision 1 requires the Commissioners of Human Services and Health to establish a statewide opioid prescribing program to reduce opioid dependency and substance use due to the prescribing of opioid analgesics by health care providers.

Subdivision 2 defines terms.

Subdivision3 requires the Commissioner of Human Services, in consultation with the Commissioner of Health, to establish an opioid prescribing work group.

Subdivision 4 requires the work group to recommend to the commissioners the components of the statewide opioid prescribing improvement program, including criteria for opioid prescribing protocols; developing sentinel measures; educational resources for opioid prescribers about pain management and the use of opioids to treat pain; opioid quality improvement standard thresholds and opioid disenrollment standards for opioid prescribers and provider groups; and other program issues as determined by the commissioners.

Subdivision 5,  Paragraph (a) requires the Commissioner of Human Services to implement the program and to annually collect and report to opioid prescribers data showing the sentinel measures of their opioid prescribing patterns compared to their anonymized peers.

Paragraph (b) requires the commissioner to notify the prescriber and all provider groups with which the prescriber is employed or affiliated when the prescriber’s prescribing pattern exceeds the opioid quality improvement standards thresholds.  If notified by the commissioner, the prescriber is required to submit to the commissioner a quality improvement plan for review and approval.

Paragraph (c) specifies that if after one year the prescriber’s prescribing practices are not consistent with community standards, the commissioner may take certain steps.

Paragraph (d) requires the commissioner to disenroll from the MA program all prescribers and provider groups whose prescribing practices fall within the applicable opioid disenrollment standards.

 Subdivision 6 classifies the reports and data identifying an opioid prescriber as private data on individuals until the prescriber is subject to disenrollment as a MA provider, then permits the commissioner to share with all the provider groups with which the prescriber is employed or affiliated a report identifying the prescriber.  Specifies that data and reports identifying a provider group are nonpublic data until the provider group is subject to disenrollment.  At that time the data and reports are public, except that any identifying information of enrollees must be redacted by the commissioner.

Subdivision 7 requires the commissioner to annually report to the legislature on the status of the implementation of the program, including data on utilization of opioids in the MA and MinnesotaCare programs.


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