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S.F. No. 872 - Department of Human Services Operations Policy Bill (Third Engrossment)
 
Author: Senator Melisa López Franzen
 
Prepared By: Joan White, Senate Counsel (651/296-3814)
 
Date: March 19, 2013



 

ARTICLE 1 - FAIR HEARINGS

Section 1 (256.045, subd. 1) requires that full-time human services judges be licensed to practice law in Minnesota, and be in active status, an inactive resident, retired, on disabled status, or on retired senior status.  This section is effective July 1, 2013.

Section 2 (256.045, subd. 3) strikes language and moves it to the newly created paragraph (h), related to an individual contesting an action, decision, or final disposition.  New paragraph (h) clarifies time lines, requires the person to apprise the department of changes in the person's address or phone number.   

Section 3 (256.045, subd. 4) allows a human services judge to grant a request for a hearing in person or by interactive video technology.  The judge must hear the case in person if the person asserts that either the person or a witness has a physical or mental condition that impairs their ability to take part in the hearing by interactive video technology.

Section 4 (256.045, subd. 5) clarifies that the person seeking reconsideration has the burden to demonstrate why the matter should be reconsidered.

Section 5 (256.0451, subd. 5) allows a human services judge to issue rulings while an appeal is pending.

Section 6 (256.0451, subd. 13) requires the request to set aside the dismissal of an appeal for failure to appear at the hearing be filed with the department in writing within ten days of the dismissal.

Section 7 (256.0451, subd. 22) clarifies when the 90-day period for issuing final decisions begin to run when there is an appeal of maltreatment decisions and possible licensing actions.

Section 8 (256.0451, subd. 24) reduces from 30 calendar days to ten working days, the period of time available for a request for reconsideration, and adds requirements related to reconsiderations based on additional evidence.

Section 9 is a revisor instruction to change references to “human services judge.”

 

ARTICLE 2 - CULTURAL AND ETHNIC COMMUNITIES LEADERSHIP COUNCIL

Section 1 (256.999, subdivision 1) establishes the council for the Department of Human Services.  The purpose of the council is to advise the commissioner on reducing disparities that affect racial and ethnic groups.

Subdivision 2 provides the general membership of the council.

Subdivision 3 requires the commissioner to direct the development of guidelines defining the membership of the council.

Subdivision 4 requires the commissioner to appoint at least 15 members by September 15, 2013, and convene the first meeting by November 15, 2013.

Subdivision 5 requires the commissioner to appoint a chair.

Subdivision 6 specifies the terms of the first appointees.

Subdivision 7 specifies the terms of all other appointees.

Subdivision 8 provides that members must not receive compensation.  

Subdivision 9 provides the duties of the commissioner, which include, but are not limited to, identifying human services rules and statutes affecting persons from racial, ethnic, cultural, linguistic, and tribal communities that may need to be revised based on recommendations of the council, submitting legislation to reduce disparities, increase access to programs, and promote better outcomes.

Subdivision 10 provides the duties of the council, which include, but are not limited to, identifying issues regarding disparities by engaging diverse populations, raising awareness about human services disparities to the legislature and the media, providing training and outreach to facilitate access to culturally and linguistically appropriate, accessible, and cost-effective human services to prevent disparities, and report annually beginning November 15, 2014, identifying major problems confronting racial and ethnic groups, make recommendations to address the issues and problems, and list objections for the next biennium.

Subdivision 11 provides the duties of the council members, which include, but are not limited to, attending and participating in meetings and collaborating on disparity reduction efforts.

Subdivision 12 provides that the council does not expire unless directed by the commissioner.

 

ARTICLE 3 - INTERNAL AUDITS

Section 1 (256.017, subd. 1) clarifies that the commissioner must administer a compliance system for the programs listed in this section, and new language adds all other programs administered by or on behalf of the commissioner.  This section also allows the commissioner to issue administrative subpoenas as needed to administer the compliance system.

 

ARTICLE 4 - TECHNICAL CHANGES

This article deletes obsolete and outdated language and references.

 
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