Article 1:  Data Practices

This article is under the jurisdiction of Judiciary and Public Safety Committee.

Section 1 (13.46, subd. 2) adds language to allow private data to be disclosed to an investigator acting on behalf of a county, the state, or the federal government in the investigation of an administrative proceeding related to the administration of a program.

Section 2 (13.46, subd. 3) adds a new paragraph providing that, not withstanding paragraph (a) of this section of law, the existence and status of an investigation by the Commissioner of Human Services of possible overpayments of public funds to a services provider are public data during the investigation.

Section 3 (13.46, subd. 4) modifies licensing data provisions.  Paragraph (b), items (iii) and (iv), clarify that when a licensing sanction is based on a determination of maltreatment by a license holder or a license holder’s disqualification, the identity of the license holder or applicant as the individual responsible for maltreatment and/or as the disqualified individual is public data at the time of issuance of the sanction, as are the reasons for the disqualification and the reasons the disqualification was not set aside.  The modifications to paragraph (i) clarify that licensing data collected pursuant to investigations conducted under chapters 245A, 245B, and 245C, and sections 626.556 and 626.557, may be shared with regulatory boards when this information may be relevant to the board’s regulatory jurisdictions.  This provision also allows the licensing division to share background study data with the commissioner and their delegate for programs operated by the commissioner.

Section 4 (13.82, subd. 1)  is technical; modifies the subdivision related to comprehensive law enforcement data, to change phrases to reflect the reorganization of fraud investigation at the county level. 

Article 2:  Licensing

Section 1 (245A.04, subd. 1) modifies the license application requirements, which include: (1) providing a notice to applicants who provide incomplete or substantially deficient information informing the applicant to resubmit the application within 45 days; (2) requiring that all controlling individuals be specified, instead of just one or more; (3) requiring the applicant to demonstrate competent knowledge of licensing requirements; (4) provide the applicant’s Social Security number; and (5) when the applicant is a nonindividual, the applicant must provide the Minnesota tax identification number and other information.

Section 2 (245A.04, subd. 7) prohibits the commissioner from issuing a license if the applicant has failed to submit required information under section 1.

Section 3 (245A.04, subd. 11) aligns the Department of Health (DHS) licensing statute regarding education programs that are licensed by DHS to related education statute, and prohibits the Commissioner of Human Services from granting a license for a children’s residential facility until documentation of approval has been received from the Commissioner of Education.  This section also allows a residential program for children to serve persons under age 21, if the facility develops and implements measures to minimize risks to other residents.

Section 4 (245A.04, subd. 16) requires licensed programs to have a written policy for reporting a death of an individual served by the program to the Commissioner of Human Services within 24 hours, unless reporting is already required under statute or rule.

Sections 5 and 6 (245A.05; 245A.07, subd. 3) conforming amendments related to changes made in section 4, allowing the commissioner to deny, revoke, or suspend a license under certain circumstances.  Section 6 also adds a provision to waive the fine if the license holder self-corrects a background study violation before the commissioner discovers the violation.

Section 7 (245A.08, subd. 2a) provides that when a license holder is operating after an appeal of a sanction and has subsequent violations, the additional violations automatically are included in the scope of the contested hearing.

Section 8 (245A.14, subd. 11) amends the licensing statute related to swimming pools in day care settings, requiring compliance with the Abigail Taylor Pool Safety Act.

Sections 9 and 10 (245A.146, subdivisions 2 and3) modify crib safety provisions to conform with federal law, which requires licensed programs to maintain documentation to show that every crib, effective December 28, 2012.  Section 10 specifies that license holder crib documentation be provided to guardians, as well as parents.

Section 11 (245A.18, subd. 1) modifies the child passenger restraint statute to be consistent with changes to the Department of Public Safety laws under Minnesota Statues, section 169.685.

Section 12 (245A.191) provides that chemical dependency licensed providers eligible for enhanced funding from the chemical dependency consolidated treatment fund must meet applicable licensing requirements, and may be monitored for compliance.

Section 13 (245A.22, subd. 2) allows the commissioner to grant a variance related to the admission criteria for independent living assistance programs.

Sections 14 and 15 (245A.66, subdivision 2 and 3) modify the child care center risk reduction plan.  Section 14 requires that the plan include a detailed supervision plan to ensure children are supervised at all times.  Section 15 requires the license holder to document the orientation to the risk reduction plan in the mandated reporter’s personnel records.

Section 16 (245C.03, subd. 1) clarifies background studies are not conducted on the individual who is receiving services from a licensed program.

Section 17 (245C.04, subd. 1) provides that a license holder must initiate a new background study when an individual returns to a position after 90, instead of 45 consecutive days. If the individual’s disqualification was previously set aside and the new study results is not additional information that the person may pose a risk of harm, the previous set aside remains in effect.

Section 18 (245C.05, subd. 2) requires the license holder to verify that the background study information collected is correct.

Section 19 (245C.05, subd. 2c) adds a new subdivision specifying the privacy notice the commissioner must provide to the background study.

Section 20 (245C.05, subd. 4) requires background studies to be electronically transmitted unless the license holder has been granted a variance.

Section 21 (245C.05, subd. 7) requires a probation officer or corrections agent to notify the commissioner of an individual’s conviction if the individual has been affiliated with a licensed program or has been convicted of a crime constituting a disqualification.

Section 22 (245C.07) clarifies when previous background studies are transferable across programs.

Section 23 (245C.16, subd. 1) amends the statute related to determining the immediate risk or harm to individuals served in the program, by clarifying that this section does not apply to background studies that are subject to the requirements specified in statute for personal care assistants.

Section 24 (245C.17, subd. 2) modifies the contents of the disqualification notice sent to the background study subject.  The notice must include a statement that the reason for the disqualification resulting in a set aside will be provided to the applicant, license holder, or entity that initiated the background study.

Section 25 (245C.22, subd. 5) amends the scope of the set aside to conform with other amendments in the bill related to new background studies and previous set asides.

Section 26 (245C.24, subd. 2) adds new paragraphs (d) and (e) related to variances for child foster care.  Paragraph (d) allows the commissioner to grant a variance to an individual with disqualification, if the individual is applying for a child foster care license for a specific child who is related to the applicant.  Paragraph (e) allows the commissioner to grant a variance related to a former foster care recipient because the former recipient returns to a home for occasional visits or temporarily resides with the former foster parents.

Section 27 is a revisor’s instruction to renumber a subdivision in the licensing act.

Section 28 repeals a rule related to seat belt and child passenger restraint systems, superseded by sections in this article.

                                                                       Article 3: Program Integrity

Section 1 (245A.04, subd. 1) requires an applicant or license holder to acknowledge if the applicant or license holder elects to receive public funding reimbursement.

Section 2 (245A.14, subd. 14) requires attendance records for publicly funded child care services.

Section 3 (245A.167) requires an applicant or license holder that is receiving public funding reimbursement to comply with registration or enrollment requirements.

Section 4 (256B.04, subd. 21) amends agency duties under the medical assistance program, specifically related to provider enrollment, by mandating that provider entities  have designated compliance officer, who must perform the duties on this section.

JW:rer