3rd Engrossment - 94th Legislature (2025 - 2026) Posted on 05/22/2025 08:41am
A bill for an act
relating to state government; modifying provisions relating to health finance and
policy, certain health licensing boards, pharmacy benefits, health care finance, the
Office of Emergency Medical Services, opioids, mental health warning labels,
economic assistance, child protection and welfare, early care and learning, and
licensing and certification; establishing licensure for certified midwives; requiring
reports; providing for civil and criminal penalties; appropriating money; amending
Minnesota Statutes 2024, sections 62A.673, subdivision 2; 62J.51, subdivision
19a; 62J.581; 142A.03, subdivision 2, by adding a subdivision; 142A.42; 142B.01,
subdivision 15, by adding a subdivision; 142B.05, subdivision 3; 142B.10,
subdivisions 14, 16; 142B.16, subdivisions 2, 5; 142B.171, subdivision 2; 142B.18,
subdivisions 4, 6; 142B.30, subdivision 1; 142B.41, by adding a subdivision;
142B.47; 142B.51, subdivision 2; 142B.65, subdivisions 8, 9; 142B.66, subdivision
3; 142B.70, subdivisions 7, 8; 142B.77; 142B.80; 142C.06, by adding a subdivision;
142C.11, subdivision 8; 142C.12, subdivisions 1, 6; 142D.21, subdivisions 6, 10,
by adding a subdivision; 142D.23, subdivision 3; 142D.31, subdivision 2; 142E.03,
subdivision 3; 142E.11, subdivisions 1, 2; 142E.13, subdivision 2; 142E.15,
subdivision 1; 142E.16, subdivisions 3, 7; 142E.17, subdivision 9; 142F.14;
144.0758, subdivision 3; 144.1222, subdivision 2d; 144.125, subdivisions 1, 2;
144.50, by adding a subdivision; 144.555, subdivisions 1a, 1b; 144.562,
subdivisions 2, 3; 144.563; 144.608, subdivision 2; 144.966, subdivision 2; 144.99,
subdivision 1; 145.8811; 145C.01, by adding subdivisions; 145C.17; 147.01,
subdivision 7; 147.037, by adding a subdivision; 149A.02, by adding a subdivision;
151.37, subdivision 12; 151.555, subdivisions 6, 10; 174.30, subdivision 3;
245.0962, subdivision 1; 245A.18, subdivision 1; 245C.02, by adding a subdivision;
256.045, subdivision 7; 256.9657, subdivision 2, by adding a subdivision; 256.969,
subdivision 2f; 256B.0371, subdivision 3; 256B.04, subdivisions 12, 14; 256B.0625,
subdivisions 2, 3b, 13c, 13e, 17, 17a, 30, by adding subdivisions; 256B.064,
subdivision 1a; 256B.1973, subdivision 5, by adding a subdivision; 256B.69,
subdivisions 3a, 6d; 256R.01, by adding a subdivision; 260.65; 260.66, subdivision
1; 260.691, subdivision 1; 260.692; 260.810, subdivisions 1, 2; 260.821, subdivision
2; 260C.001, subdivision 2; 260C.007, subdivision 19; 260C.141, subdivision 1;
260C.150, subdivision 3; 260C.178, subdivisions 1, 7; 260C.201, subdivisions 1,
2; 260C.202, subdivision 2, by adding subdivisions; 260C.204; 260C.212,
subdivisions 1, 1a; 260C.221, subdivision 2; 260C.223, subdivisions 1, 2; 260C.329,
subdivisions 3, 8; 260C.451, subdivision 9; 260C.452, subdivision 4; 260E.03,
subdivision 15; 260E.09; 260E.14, subdivisions 2, 3; 260E.20, subdivisions 1, 3;
260E.24, subdivisions 1, 2; 325M.34; 518.68, subdivision 2; 518A.34; 518A.46,
subdivision 7; 518A.75, subdivision 1; Laws 2023, chapter 70, article 20, section
8; Laws 2024, chapter 127, article 67, section 4; proposing coding for new law in
Minnesota Statutes, chapters 135A; 142B; 144; 144E; 145C; 256B; 260E; 306;
307; 325M; repealing Minnesota Statutes 2024, sections 145.361; 256B.0625,
subdivisions 18b, 18e, 18h; Laws 2023, chapter 70, article 16, section 22; Minnesota
Rules, part 9503.0030, subpart 1, item B.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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The commissioner of health shall establish the dementia services program to:
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(1) facilitate the coordination and support of:
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(i) state-funded policies and programs that relate to Alzheimer's disease or related forms
of dementia;
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(ii) outreach programs and services between state agencies, local public health
departments, Tribal Nations, educational institutions, and community groups for the purpose
of fostering public awareness and education regarding Alzheimer's disease and related forms
of dementia; and
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(iii) services and activities between groups that are interested in dementia research,
programs, and services, including area agencies on aging, service providers, advocacy
groups, legal services, emergency personnel, law enforcement, local public health
departments, Tribal Nations, and state colleges and universities;
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(2) facilitate the coordination, review, publication, and implementation of and updates
to the Alzheimer's Disease State Plan;
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(3) collect and analyze data related to the impact of Alzheimer's disease in Minnesota;
and
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(4) incorporate early detection and risk reduction strategies into existing department-led
public health programs.
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Minnesota Statutes 2024, section 144.0758, subdivision 3, is amended to read:
new text begin (a) new text end Organizations eligible to receive grant funding under
this section are Minnesota's Tribal Nationsnew text begin in accordance with paragraph (b)new text end and urban
American Indian community-based organizationsnew text begin in accordance with paragraph (c)new text end .
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(b) Minnesota's Tribal Nations may choose to receive funding under this section according
to a noncompetitive funding formula specified by the commissioner.
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(c) Urban American Indian community-based organizations are eligible to apply for
funding under this section by submitting a proposal for consideration by the commissioner.
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Minnesota Statutes 2024, section 144.1222, subdivision 2d, is amended to read:
(a) new text begin For purposes of this
subdivision, "spa pool" has the meaning given in Minnesota Rules, part 4717.0250, subpart
9.
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new text begin (b) Except as provided in paragraph (c), new text end a deleted text begin hot waterdeleted text end new text begin spanew text end pool intended for seated
recreational use, including a hot tub or whirlpool, that is located on deleted text begin a houseboat that is rented
to the publicdeleted text end new text begin the property of a stand-alone, single-unit rental property, offered for rent by
the property owner or through a resort, and that is only intended to be used by the occupants
of the rental property:
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new text begin (1)new text end is not a public pool deleted text begin anddeleted text end new text begin ;
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new text begin (2)new text end is exempt from the requirements for public pools under new text begin subdivisions 1 to 2c, 4, and
5 and new text end Minnesota Rules, chapter 4717new text begin , except as otherwise provided in this paragraph; and
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(3) may be used by renters so long as:
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(i) the water temperature in the spa pool does not exceed 106 degrees Fahrenheit;
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(ii) prior to check-in by each new rental party, the resort or property owner tests the
water in the spa pool for the concentration of chlorine or bromine, pH, and alkalinity and
the water in the spa pool meets the requirements for disinfection residual, pH, and alkalinity
in Minnesota Rules, part 4717.1750, subparts 4 to 6; and
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new text begin (iii) at check-in, the resort or property owner provides each rental party with a notice
that there is a spa pool on the property and that the spa pool is not subject to all of the
requirements in state law and rules for public poolsnew text end .
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(b)
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(c) A spa pool intended for seated recreational use, including a hot tub or whirlpool,
that is located on a houseboat that is rented to the public:
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(1) is not a public pool;
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(2) is exempt from the requirements for public pools under subdivisions 1 to 2c, 4, and
5 and Minnesota Rules, chapter 4717; and
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(3) is exempt from the requirements under paragraph (b), clause (3).
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(d) A political subdivision must not adopt a local law, rule, or ordinance that prohibits
the operation of, or establishes additional requirements for, a spa pool that meets the criteria
in paragraph (b) or (c).
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new text begin (e)new text end A deleted text begin hot waterdeleted text end new text begin spanew text end pool under this subdivision must be conspicuously posted with the
following notice to renters:
"NOTICE
This spa is exempt from new text begin certain new text end state and local sanitary requirements that prevent disease
transmission.
USE AT YOUR OWN RISK
This notice is required under Minnesota Statutes, section 144.1222, subdivision 2d."
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Family practice physicians,
pediatricians, and other pediatric primary care providers must provide parents and primary
caregivers of infants up to six months of age with materials on how to recognize the signs
of physical abuse in infants and how to report suspected physical abuse of infants. These
materials must be identified and approved by the commissioner of health according to
subdivision 2 and must be provided to an infant's parents or primary caregivers at the infant's
first well-baby visit after birth.
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The commissioner of health, in consultation with the commissioner
of children, youth, and families, must identify, approve, and make available to pediatric
primary care providers materials for pediatric primary care providers to use at well-baby
visits to educate parents and primary caregivers of infants up to six months of age on
recognizing the signs of physical abuse in infants and how to report suspected physical
abuse of infants. The commissioner must make these materials available on the Department
of Health website.
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Minnesota Statutes 2024, section 144.125, subdivision 1, is amended to read:
(a) It is the duty of (1) the administrative officer
or other person in charge of each institution caring for infants 28 days or less of age, (2) the
person required in pursuance of the provisions of section 144.215, to register the birth of a
child, or (3) the nurse midwife or midwife in attendance at the birth, to arrange to have
administered to every infant or child in its care tests for heritable and congenital disorders
according to subdivision 2 and rules prescribed by the state commissioner of health.
(b) Testing, recording of test results, reporting of test results, and follow-up of infants
with heritable congenital disorders, including hearing loss detected through the early hearing
detection and intervention program in section 144.966, shall be performed at the times and
in the manner prescribed by the commissioner of health.
(c) The fee to support the newborn screening program, including tests administered
under this section and section 144.966, shall be deleted text begin $177deleted text end new text begin $184new text end per specimen. This fee amount
shall be deposited in the state treasury and credited to the state government special revenue
fund.
(d) The fee to offset the cost of the support services provided under section 144.966,
subdivision 3a, shall be $15 per specimen. This fee shall be deposited in the state treasury
and credited to the general fund.
Minnesota Statutes 2024, section 144.125, subdivision 2, is amended to read:
new text begin (a) new text end The commissioner shall
periodically revise the list of tests to be administered for determining the presence of a
heritable or congenital disorder. Revisions to the list shall reflect advances in medical
science, new and improved testing methods, or other factors that will improve the public
health. In determining whether a test must be administered, the commissioner shall take
into consideration the adequacy of analytical methods to detect the heritable or congenital
disorder, the ability to treat or prevent medical conditions caused by the heritable or
congenital disorder, and the severity of the medical conditions caused by the heritable or
congenital disorder. The list of tests to be performed may be revised if the changes are
recommended by the advisory committee established under section 144.1255, approved by
the commissioner, and published in the State Register. The revision is exempt from the
rulemaking requirements in chapter 14, and sections 14.385 and 14.386 do not apply.
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(b) The commissioner shall revise the list of tests to be administered for determining
the presence of a heritable or congenital disorder to include metachromatic leukodystrophy
(MLD).
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Minnesota Statutes 2024, section 144.562, subdivision 2, is amended to read:
(a) A hospital is not eligible to receive a
license condition for swing beds unless (1) it either has a licensed bed capacity of less than
50 beds defined in the federal Medicare regulations, Code of Federal Regulations, title 42,
section 482.66, or it has a licensed bed capacity of 50 beds or more and has swing beds that
were approved for Medicare reimbursement before May 1, 1985, or it has a licensed bed
capacity of less than 65 beds and the available nursing homes within 50 miles have had, in
the aggregate, an average occupancy rate of 96 percent or higher in the most recent two
years as documented on the statistical reports to the Department of Health; and (2) it is
located in a rural area as defined in the federal Medicare regulations, Code of Federal
Regulations, title 42, section 482.66.
(b) Except for those critical access hospitals established under section 144.1483, clause
(9), and section 1820 of the federal Social Security Act, United States Code, title 42, section
1395i-4, that have an attached nursing home or that owned a nursing home located in the
same municipality as of May 1, 2005, eligible hospitals are allowed a total number of days
of swing bed use per year as provided in paragraph (c). Critical access hospitals that have
an attached nursing home or that owned a nursing home located in the same municipality
as of May 1, 2005, are allowed swing bed use as provided in federal law.new text begin A critical access
hospital described in section 144.5621 is allowed an unlimited number of days of swing
bed use per year.
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(c) An eligible hospital is allowed a total of 3,000 days of swing bed use in calendar
year 2020. Beginning in calendar year 2021, and for each subsequent calendar year until
calendar year 2027, the total number of days of swing bed use per year is increased by 200
swing bed use days. Beginning in calendar year 2028, an eligible hospital is allowed a total
of 4,500 days of swing bed use per year.
(d) Days of swing bed use for medical care that an eligible hospital has determined are
charity care shall not count toward the applicable limit in paragraph (b) or (c). For purposes
of this paragraph, "charity care" means care that an eligible hospital provided for free or at
a discount to persons who cannot afford to pay and for which the eligible hospital did not
expect payment.
(e) Days of swing bed use for care of a person who has been denied admission to every
Medicare-certified skilled nursing facility within 25 miles of the eligible hospital shall not
count toward the applicable limit in paragraphs (b) and (c). Eligible hospitals must maintain
documentation that they have contacted each skilled nursing facility within 25 miles to
determine if any skilled nursing facility beds are available and if the skilled nursing facilities
are willing to admit the patient. Skilled nursing facilities that are contacted must admit the
patient or deny admission within 24 hours of being contacted by the eligible hospital. Failure
to respond within 24 hours is deemed a denial of admission.
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(f) Except for critical access hospitals that have an attached nursing home or that owned
a nursing home located in the same municipality as of May 1, 2005, the commissioner of
health may approve swing bed use beyond 2,000 days as long as there are no Medicare
certified skilled nursing facility beds available within 25 miles of that hospital that are
willing to admit the patient and the patient agrees to the referral being sent to the skilled
nursing facility. Critical access hospitals exceeding 2,000 swing bed days must maintain
documentation that they have contacted skilled nursing facilities within 25 miles to determine
if any skilled nursing facility beds are available that are willing to admit the patient and the
patient agrees to the referral being sent to the skilled nursing facility. This paragraph expires
January 1, 2020.
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(g) After reaching 2,000 days of swing bed use in a year, an eligible hospital to which
this limit applies may admit six additional patients to swing beds each year without seeking
approval from the commissioner or being in violation of this subdivision. These six swing
bed admissions are exempt from the limit of 2,000 annual swing bed days for hospitals
subject to this limit. This paragraph expires January 1, 2020.
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(h) A health care system that is in full compliance with this subdivision may allocate its
total limit of swing bed days among the hospitals within the system, provided that no hospital
in the system without an attached nursing home may exceed 2,000 swing bed days per year.
This paragraph expires January 1, 2020.
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This section is effective January 1, 2026, or upon federal approval,
whichever is later. The commissioners of health and human services shall inform the revisor
of statutes when federal approval is obtained.
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Minnesota Statutes 2024, section 144.562, subdivision 3, is amended to read:
(a) The commissioner of health shall approve
a license condition for swing beds if the hospital meets all of the criteria of this subdivision.
(b) The hospital must meet the eligibility criteria in subdivision 2.
(c) The hospital must be in compliance with the Medicare conditions of participation
for swing beds under Code of Federal Regulations, title 42, section 482.66.
(d)new text begin Except as provided in section 144.5621,new text end the hospital must agree, in writing, to limit
the length of stay of a patient receiving services in a swing bed to not more than 40 days,
or the duration of Medicare eligibility, unless the commissioner of health approves a greater
length of stay in an emergency situation. To determine whether an emergency situation
exists, the commissioner shall require the hospital to provide documentation that continued
services in the swing bed are required by the patient; that no skilled nursing facility beds
are available within 25 miles from the patient's home, or in some more remote facility of
the resident's choice, that can provide the appropriate level of services required by the
patient; and that other alternative services are not available to meet the needs of the patient.
If the commissioner approves a greater length of stay, the hospital shall develop a plan
providing for the discharge of the patient upon the availability of a nursing home bed or
other services that meet the needs of the patient. Permission to extend a patient's length of
stay must be requested by the hospital at least ten days prior to the end of the maximum
length of stay.
(e)new text begin Except as provided in section 144.5621,new text end the hospital must agree, in writing, to limit
admission to a swing bed only to (1) patients who have been hospitalized and not yet
discharged from the facility, or (2) patients who are transferred directly from an acute care
hospital.
(f) The hospital must agree, in writing, to report to the commissioner of health by
December 1, 1985, and annually thereafter, in a manner required by the commissioner (1)
the number of patients readmitted to a swing bed within 60 days of a patient's discharge
from the facility, (2) the hospital's charges for care in a swing bed during the reporting
period with a description of the care provided for the rate charged, and (3) the number of
beds used by the hospital for transitional care and similar subacute inpatient care.
(g) The hospital must agree, in writing, to report statistical data on the utilization of the
swing beds on forms supplied by the commissioner. The data must include the number of
swing beds, the number of admissions to and discharges from swing beds, Medicare
reimbursed patient days, total patient days, and other information required by the
commissioner to assess the utilization of swing beds.
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This section is effective January 1, 2026, or upon federal approval,
whichever is later. The commissioners of health and human services shall inform the revisor
of statutes when federal approval is obtained.
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(a) The conditions and limitations in section
144.562, paragraphs (d) and (e), do not apply to any hospital located in Cook County that:
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(1) is designated as a critical access hospital under section 144.1483, clause (9), and
United States Code, title 42, section 1395i-4; and
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(2) has an attached nursing home.
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(b) Any swing bed located in a hospital described in this section may be used to provide
nursing care without requiring a prior hospital stay.
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(c) The nursing care provided to a patient in a swing bed is a covered medical assistance
service under section 256B.0625, subdivision 2b.
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A patient in a swing bed located
in a hospital described in this section is a resident of a nursing home for the purposes of
section 144.651.
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A patient in a swing bed located in a
hospital described in this section is a resident of a nursing home for the purposes of Minnesota
Rules, part 4658.0400.
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This section is effective January 1, 2026, or upon federal approval,
whichever is later. The commissioners of health and human services shall inform the revisor
of statutes when federal approval is obtained.
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Minnesota Statutes 2024, section 144.563, is amended to read:
A hospital that has been granted a license condition under section 144.562 new text begin or 144.5621
new text end must not provide to patients not reimbursed by Medicare or medical assistance the types of
services that would be usually and customarily provided and reimbursed under medical
assistance or Medicare as services of a skilled nursing facility or intermediate care facility
for more than 42 days and only for patients who have been hospitalized and no longer require
an acute level of care. Permission to extend a patient's length of stay may be granted by the
commissioner if requested by the physician at least ten days prior to the end of the maximum
length of stay.
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This section is effective January 1, 2026, or upon federal approval,
whichever is later. The commissioners of health and human services shall inform the revisor
of statutes when federal approval is obtained.
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Minnesota Statutes 2024, section 144.608, subdivision 2, is amended to read:
(a) The council must meet at least twice a year but
may meet more frequently at the call of the chair, a majority of the council members, or the
commissioner.
(b) The terms, compensation, and removal of members of the council are governed by
section 15.059. The council expires June 30, deleted text begin 2025deleted text end new text begin 2035new text end .
(c) The council may appoint subcommittees and work groups. Subcommittees shall
consist of council members. Work groups may include noncouncil members. Noncouncil
members shall be compensated for work group activities under section 15.059, subdivision
3, but shall receive expenses only.
Minnesota Statutes 2024, section 144.966, subdivision 2, is amended to read:
(a) The commissioner
of health shall establish a Newborn Hearing Screening Advisory Committee to advise and
assist the Department of Health; Department of Children, Youth, and Families; and the
Department of Education in:
(1) developing protocols and timelines for screening, rescreening, and diagnostic
audiological assessment and early medical, audiological, and educational intervention
services for children who are deaf or hard-of-hearing;
(2) designing protocols for tracking children from birth through age three that may have
passed newborn screening but are at risk for delayed or late onset of permanent hearing
loss;
(3) designing a technical assistance program to support facilities implementing the
screening program and facilities conducting rescreening and diagnostic audiological
assessment;
(4) designing implementation and evaluation of a system of follow-up and tracking; and
(5) evaluating program outcomes to increase effectiveness and efficiency and ensure
culturally appropriate services for children with a confirmed hearing loss and their families.
(b) The commissioner of health shall appoint at least one member from each of the
following groups with no less than two of the members being deaf or hard-of-hearing:
(1) a representative from a consumer organization representing culturally deaf persons;
(2) a parent with a child with hearing loss representing a parent organization;
(3) a consumer from an organization representing oral communication options;
(4) a consumer from an organization representing cued speech communication options;
(5) an audiologist who has experience in evaluation and intervention of infants and
young children;
(6) a speech-language pathologist who has experience in evaluation and intervention of
infants and young children;
(7) two primary care providers who have experience in the care of infants and young
children, one of which shall be a pediatrician;
(8) a representative from the early hearing detection intervention teams;
(9) a representative from the Department of Education resource center for the deaf and
hard-of-hearing or the representative's designee;
(10) a representative of the Commission of the Deaf, DeafBlind and Hard of Hearing;
(11) a representative from the Department of Human Services Deaf and Hard-of-Hearing
Services Division;
(12) one or more of the Part C coordinators from the Department of Education; the
Department of Health; the Department of Children, Youth, and Families; or the Department
of Human Services or the department's designees;
(13) the Department of Health early hearing detection and intervention coordinators;
(14) two birth hospital representatives from one rural and one urban hospital;
(15) a pediatric geneticist;
(16) an otolaryngologist;
(17) a representative from the Newborn Screening Advisory Committee under this
subdivision;
(18) a representative of the Department of Education regional low-incidence facilitators;
(19) a representative from the deaf mentor program; and
(20) a representative of the Minnesota State Academy for the Deaf from the Minnesota
State Academies staff.
The commissioner must complete the initial appointments required under this subdivision
by September 1, 2007, and the initial appointments under clauses (19) and (20) by September
1, 2019.
(c) The Department of Health member shall chair the first meeting of the committee. At
the first meeting, the committee shall elect a chair from its membership. The committee
shall meet at the call of the chair, at least four times a year. The committee shall adopt
written bylaws to govern its activities. The Department of Health shall provide technical
and administrative support services as required by the committee. These services shall
include technical support from individuals qualified to administer infant hearing screening,
rescreening, and diagnostic audiological assessments.
Members of the committee shall receive no compensation for their service, but shall be
reimbursed as provided in section 15.059 for expenses incurred as a result of their duties
as members of the committee.
(d) By February 15, 2015, and by February 15 of the odd-numbered years after that date,
the commissioner shall report to the chairs and ranking minority members of the legislative
committees with jurisdiction over health and data privacy on the activities of the committee
that have occurred during the past two years.
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(e) This subdivision expires June 30, 2025.
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This section is effective the day following final enactment or
June 30, 2025, whichever is earlier.
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Minnesota Statutes 2024, section 145.8811, is amended to read:
The commissioner shall establish
and appoint a Maternal and Child Health Advisory deleted text begin Task Forcedeleted text end new text begin Committeenew text end consisting of 15
members who will provide equal representation from:
(1) professionals with expertise in maternal and child health services;
(2) representatives of community health boards as defined in section 145A.02, subdivision
5; and
(3) consumer representatives interested in the health of mothers and children.
No members shall be employees of the Minnesota Department of Health. Section 15.059
governs the Maternal and Child Health Advisory deleted text begin Task Forcedeleted text end new text begin Committeenew text end . Notwithstanding
section 15.059, the Maternal and Child Health Advisory deleted text begin Task Forcedeleted text end new text begin Committeenew text end does not
expire.
The advisory deleted text begin task forcedeleted text end new text begin committeenew text end shall meet on a regular basis to
perform the following duties:
(1) review and report on the health care needs of mothers and children throughout the
state of Minnesota;
(2) review and report on the type, frequency, and impact of maternal and child health
care services provided to mothers and children under existing maternal and child health
care programs, including programs administered by the commissioner of health;
(3) establish, review, and report to the commissioner a list of program guidelines and
criteria which the advisory deleted text begin task forcedeleted text end new text begin committeenew text end considers essential to providing an effective
maternal and child health care program to low-income populations and high-risk persons
and fulfilling the purposes defined in section 145.88;
(4) make recommendations to the commissioner for the use of other federal and state
funds available to meet maternal and child health needs;
(5) make recommendations to the commissioner of health on priorities for funding the
following maternal and child health services:
(i) prenatal, delivery, and postpartum care;
(ii) comprehensive health care for children, especially from birth through five years of
age;
(iii) adolescent health services;
(iv) family planning services;
(v) preventive dental care;
(vi) special services for chronically ill and disabled children; and
(vii) any other services that promote the health of mothers and children; and
(6) establish in consultation with the commissioner statewide outcomes that will improve
the health status of mothers and children.
Minnesota Statutes 2024, section 256B.0625, subdivision 2, is amended to read:
deleted text begin (a)deleted text end Medical assistance covers skilled
nursing home services and services of intermediate care facilities, including training and
habilitation services, as defined in section 252.41, subdivision 3, for persons with
developmental disabilities who are residing in intermediate care facilities for persons with
developmental disabilities. deleted text begin Medical assistance must not be used to pay the costs of nursing
care provided to a patient in a swing bed as defined in section 144.562, unless (1) the facility
in which the swing bed is located is eligible as a sole community provider, as defined in
Code of Federal Regulations, title 42, section 412.92, or the facility is a public hospital
owned by a governmental entity with 15 or fewer licensed acute care beds; (2) the Centers
for Medicare and Medicaid Services approves the necessary state plan amendments; (3) the
patient was screened as provided by law; (4) the patient no longer requires acute care
services; and (5) no nursing home beds are available within 25 miles of the facility. The
commissioner shall exempt a facility from compliance with the sole community provider
requirement in clause (1) if, as of January 1, 2004, the facility had an agreement with the
commissioner to provide medical assistance swing bed services.
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(b) Medical assistance also covers up to ten days of nursing care provided to a patient
in a swing bed if: (1) the patient's physician, advanced practice registered nurse, or physician
assistant certifies that the patient has a terminal illness or condition that is likely to result
in death within 30 days and that moving the patient would not be in the best interests of the
patient and patient's family; (2) no open nursing home beds are available within 25 miles
of the facility; and (3) no open beds are available in any Medicare hospice program within
50 miles of the facility. The daily medical assistance payment for nursing care for the patient
in the swing bed is the statewide average medical assistance skilled nursing care per diem
as computed annually by the commissioner on July 1 of each year.
deleted text end
new text begin
This section is effective January 1, 2026, or upon federal approval,
whichever is later. The commissioners of health and human services shall inform the revisor
of statutes when federal approval is obtained.
new text end
Minnesota Statutes 2024, section 256B.0625, is amended by adding a subdivision
to read:
new text begin
(a) Medical assistance
must not be used to pay the costs of nursing care provided to a patient in a swing bed as
defined in section 144.562, unless:
new text end
new text begin
(1) the facility in which the swing bed is located is eligible as a sole community provider,
as defined in Code of Federal Regulations, title 42, section 412.92, or the facility is a public
hospital owned by a governmental entity with 25 or fewer licensed acute care beds;
new text end
new text begin
(2) the Centers for Medicare and Medicaid Services approves the necessary state plan
amendments;
new text end
new text begin
(3) the patient was screened as provided by law;
new text end
new text begin
(4) the patient no longer requires acute care services; and
new text end
new text begin
(5) no nursing home beds are available within 25 miles of the facility.
new text end
new text begin
(b) The commissioner shall exempt a facility from compliance with the sole community
provider requirement in paragraph (a), clause (1), if, as of January 1, 2004, the facility had
an agreement with the commissioner to provide medical assistance swing bed services.
new text end
new text begin
(c) Medical assistance also covers up to ten days of nursing care provided to a patient
in a swing bed if:
new text end
new text begin
(1) the patient's physician, advanced practice registered nurse, or physician assistant
certifies that the patient has a terminal illness or condition that is likely to result in death
within 30 days and that moving the patient would not be in the best interests of the patient
and patient's family;
new text end
new text begin
(2) no open nursing home beds are available within 25 miles of the facility; and
new text end
new text begin
(3) no open beds are available in any Medicare hospice program within 50 miles of the
facility.
new text end
new text begin
(d) The commissioner shall exempt any facility described under section 144.5621 from
compliance with the requirements of paragraph (a), clauses (3) and (5), and paragraph (c),
and medical assistance covers an unlimited number of days of nursing care provided to a
patient in a swing bed at a facility described under section 144.5621.
new text end
new text begin
(e) The daily medical assistance payment for nursing care for the patient in the swing
bed is the statewide average medical assistance skilled nursing care per diem as computed
annually by the commissioner on July 1 of each year.
new text end
new text begin
This section is effective January 1, 2026, or upon federal approval,
whichever is later. The commissioners of health and human services shall inform the revisor
of statutes when federal approval is obtained.
new text end
Minnesota Statutes 2024, section 256R.01, is amended by adding a subdivision
to read:
new text begin
Payment rates paid to any hospital for nursing care provided to a patient in a swing
bed must be those rates established pursuant section 256B.0625, subdivision 2b.
new text end
new text begin
This section is effective January 1, 2026, or upon federal approval,
whichever is later. The commissioners of health and human services shall inform the revisor
of statutes when federal approval is obtained.
new text end
new text begin
(a) For purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Commissioner" means the commissioner of health.
new text end
new text begin
(c) "Common languages" means the 15 most common languages without regard to dialect
in Minnesota.
new text end
new text begin
(d) "Registered interpreter" means a spoken language interpreter who is listed on the
Department of Health's spoken language health care interpreter roster.
new text end
new text begin
(e) "Work group" means the spoken language health care interpreter work group
established in this section.
new text end
new text begin
The commissioner, after receiving work group candidate
applications, must appoint 15 members to the work group consisting of the following
members:
new text end
new text begin
(1) three members who are interpreters listed on the Department of Health's spoken
language health care interpreter roster and who are Minnesota residents. Of these members:
new text end
new text begin
(i) each must be an interpreter for a different language;
new text end
new text begin
(ii) at least one must have a national certification credential; and
new text end
new text begin
(iii) at least one must have been listed on the roster as an interpreter in a language other
than the common languages and must have completed a nationally recognized training
program for health care interpreters that is, at a minimum, 40 hours in length;
new text end
new text begin
(2) three members representing limited English proficiency (LEP) individuals. Of these
members, two must represent LEP individuals who are proficient in a common language
other than English and one must represent LEP individuals who are proficient in a language
that is not one of the common languages;
new text end
new text begin
(3) one member representing a health plan company;
new text end
new text begin
(4) one member who is not an interpreter and who is representing a Minnesota health
system;
new text end
new text begin
(5) two members representing interpreter agencies, including one member representing
agencies whose main office is located outside the seven-county metropolitan area and one
member representing agencies whose main office is located within the seven-county
metropolitan area;
new text end
new text begin
(6) one member representing the Department of Health;
new text end
new text begin
(7) one member representing the Department of Human Services;
new text end
new text begin
(8) one member representing an interpreter training program or postsecondary educational
institution program providing interpreter courses or skills assessment;
new text end
new text begin
(9) one member who is affiliated with a Minnesota-based or Minnesota chapter of a
national or international organization representing interpreters; and
new text end
new text begin
(10) one member who is a licensed health care provider.
new text end
new text begin
The work group must compile a list of recommendations to support
and improve access to the critical health care interpreting services provided across the state,
including but not limited to:
new text end
new text begin
(1) changing requirements for registered and certified interpreters to reflect changing
needs of the Minnesota health care community and emerging national standards of training,
competency, and testing;
new text end
new text begin
(2) addressing barriers for interpreters to gain access to the roster, including barriers for
interpreters of languages other than common languages and interpreters in rural areas;
new text end
new text begin
(3) reimbursing spoken language health care interpreting;
new text end
new text begin
(4) identifying gaps in interpreter services in rural areas and recommending ways to
address interpreter training and funding needs;
new text end
new text begin
(5) training, certification, and continuing education programs;
new text end
new text begin
(6) convening a meeting of public and private sector representatives of the spoken
language health care interpreter community to identify ongoing sources of financial assistance
to aid individual interpreters in meeting interpreter training and testing requirements;
new text end
new text begin
(7) conducting surveys of people receiving and providing interpreter services to
understand changing needs and consumer quality of care; and
new text end
new text begin
(8) suggesting changes in requirements and qualifications on telehealth or remote
interpreting.
new text end
new text begin
Compensation shall be offered to
work group members not being compensated for their participation in work group activities
as part of their existing job duties. Work group members shall be compensated and
reimbursed for expenses for work group activities under Minnesota Statutes, section 15.059,
subdivision 3.
new text end
new text begin
The
commissioner must provide meeting space and administrative support for the work group.
The commissioner may contract with a neutral independent consultant to provide this
administrative support and to facilitate and lead the meetings of the work group.
new text end
new text begin
The commissioner must appoint members to the
work group by August 15, 2025.
new text end
new text begin
The work group and this section expire on November 2, 2026, or
upon submission of the report required under subdivision 9, whichever is earlier.
new text end
new text begin
The commissioner must convene the first meeting
of the work group by October 1, 2025. Prior to the first meeting, work group members must
receive survey results and evidence-based research on interpreter services in Minnesota.
During the first meetings, work group members must receive survey results and consult
with subject matter experts, including but not limited to signed language interpreting experts,
academic experts with knowledge of interpreting research, and academic health experts to
address specific gaps in spoken language health care interpreting. The work group must
provide a minimum of two opportunities for public comment. These opportunities shall be
announced with at least four weeks' notice, with publicity in the five most common languages
in Minnesota. Interpreters for those same languages shall be provided during the public
comment opportunities.
new text end
new text begin
By November 1, 2026, the commissioner must provide the chairs and
ranking minority members of the legislative committees with jurisdiction over health care
interpreter services with recommendations, including draft legislation and any statutory
changes needed to implement the recommendations, to improve and support access to health
care interpreting services statewide.
new text end
new text begin
The amendments to Minnesota Statutes, section 144.1222, subdivision 2d, in this act
may be cited as the "Free the Hot Tub Act."
new text end
new text begin
Minnesota Statutes 2024, section 145.361,
new text end
new text begin
is repealed.
new text end
Minnesota Statutes 2024, section 62J.51, subdivision 19a, is amended to read:
"Uniform explanation of
benefits deleted text begin documentdeleted text end " means new text begin either new text end the document associated with and explaining the details
of a group purchaser's claim adjudication for services renderednew text begin or its electronic equivalent
under section 62J.581new text end , which is sent to a patient.
Minnesota Statutes 2024, section 62J.581, is amended to read:
All group purchasers shall
provide a uniform claim payment/advice transaction to health care providers when a claim
is adjudicated. The uniform claim payment/advice transaction shall comply with section
62J.536, subdivision 1, paragraph (b), and rules adopted under section 62J.536, subdivision
2.
(a) All group
purchasers shall provide a uniform explanation of benefits deleted text begin documentdeleted text end to health care patients
when an explanation of benefits deleted text begin documentdeleted text end is provided as otherwise required or permitted
by law. The uniform explanation of benefits deleted text begin documentdeleted text end shall comply with the standards
prescribed in this section.
(b) Notwithstanding paragraph (a), this section does not apply to group purchasers not
included as covered entities under United States Code, title 42, sections 1320d to 1320d-8,
as amended from time to time, and the regulations promulgated under those sections.
For purposes of sections 62J.50 to 62J.61, the deleted text begin uniform claim
payment/advice transaction anddeleted text end uniform explanation of benefits deleted text begin documentdeleted text end format specified
in subdivision 4 shall apply to all health care services delivered by a health care provider
or health care provider organization in Minnesota, regardless of the location of the payer.
Health care services not paid on an individual claims basis, such as capitated payments, are
not included in this section. A health plan company is excluded from the requirements in
deleted text begin subdivisions 1 anddeleted text end new text begin subdivisionnew text end 2 if they comply with section 62A.01, subdivisions 2 and
3.
new text begin (a) new text end The uniform explanation of benefits deleted text begin documentdeleted text end shall be
provided by use of a paper document conforming to the specifications in this sectionnew text begin or its
electronic equivalent under paragraph (b)new text end .
new text begin
(b) Group purchasers may make the uniform explanation of benefits available in a version
that can be accessed by health care patients electronically if:
new text end
new text begin
(1) the group purchaser making the uniform explanation of benefits available
electronically provides health care patients the ability to choose whether to receive paper,
electronic, or both paper and electronic versions of their uniform explanation of benefits;
new text end
new text begin
(2) the group purchaser provides clear, readily accessible information and instructions
for the patient to communicate their choice; and
new text end
new text begin
(3) health care patients not responding to the opportunity to make a choice will receive
at a minimum a paper uniform explanation of benefits.
new text end
new text begin (c) new text end The commissioner, after consulting with the Administrative Uniformity Committee,
shall specify the data elements and definitions for the new text begin paper new text end uniform explanation of benefits
deleted text begin documentdeleted text end . deleted text begin The commissioner and the Administrative Uniformity Committee must consult
with the Minnesota Dental Association and Delta Dental Plan of Minnesota before requiring
under this section the use of a paper document for the uniform explanation of benefits
document or the uniform claim payment/advice transaction for dental care services.deleted text end new text begin Any
electronic version of the uniform explanation of benefits must use the same data elements
and definitions as the paper uniform explanation of benefits.
new text end
deleted text begin
The requirements in subdivisions 1 and 2 are effective June 30,
2007. The requirements in subdivisions 1 and 2 apply regardless of when the health care
service was provided to the patient.
deleted text end
Minnesota Statutes 2024, section 144.50, is amended by adding a subdivision to
read:
new text begin
(a) "Controlling person" includes the following individuals,
if applicable, as deemed appropriate by the hospital:
new text end
new text begin
(1) any officer of the organization;
new text end
new text begin
(2) any hospital administrator; and
new text end
new text begin
(3) any managerial official.
new text end
new text begin
(b) Controlling person does not include:
new text end
new text begin
(1) a bank, savings bank, trust company, savings association, credit union, industrial
loan and thrift company, investment banking firm, or insurance company, unless the entity
directly or through a subsidiary operates a hospital;
new text end
new text begin
(2) government and government-sponsored entities such as the United States Department
of Housing and Urban Development, Ginnie Mae, Fannie Mae, Freddie Mac, and the
Minnesota Housing Finance Agency which provide loans, financing, and insurance products
for housing sites;
new text end
new text begin
(3) an individual who is a state or federal official, a state or federal employee, or a
member or employee of the governing body of a political subdivision of the state or federal
government that operates one or more hospitals, unless the individual is also an officer,
owner, or managerial official of the hospital; receives any remuneration from a hospital; or
is a controlling person not otherwise excluded in this subdivision;
new text end
new text begin
(4) a natural person who is a member of a tax-exempt organization under section 290.05,
subdivision 2, unless the individual is also a controlling person not otherwise excluded in
this subdivision; and
new text end
new text begin
(5) a natural person who owns less than five percent of the outstanding common shares
of a corporation:
new text end
new text begin
(i) whose securities are exempt by virtue of section 80A.45, clause (6); or
new text end
new text begin
(ii) whose transactions are exempt by virtue of section 80A.46, clause (7).
new text end
Minnesota Statutes 2024, section 144.555, subdivision 1a, is amended to read:
(a) The controlling persons of a hospital licensed under
sections 144.50 to 144.56 or a hospital campus must notify the commissioner of health, the
public, and others at least 182 days before the hospital or hospital campus voluntarily plans
to implement one of the scheduled actions listed in paragraph (b), unless the controlling
persons can demonstrate to the commissioner that meeting the advanced notice requirement
is not feasible and the commissioner approves a shorter advanced notice.
(b) The following scheduled actions require advanced notice under paragraph (a):
(1) ceasing operations;
(2) curtailing operations to the extent that new text begin emergency department services ornew text end patientsnew text begin
receiving inpatient health servicesnew text end must be relocated;
(3) relocating the provision of new text begin inpatient new text end health services new text begin or emergency department services
new text end to another hospital or deleted text begin anotherdeleted text end hospital campus; or
(4) ceasing to offer new text begin inpatient new text end maternity care and new text begin inpatient new text end newborn care services, new text begin inpatient
new text end intensive care unit services, inpatient mental health services, or inpatient substance use
disorder treatment services.
(c) A notice required under this subdivision must comply with the requirements in
subdivision 1d.
(d) The commissioner shall cooperate with the controlling persons and advise them
about relocating the patients.
new text begin
(e) For purposes of this subdivision, "inpatient" means services that are provided to a
person who has been admitted to a hospital for bed occupancy.
new text end
Minnesota Statutes 2024, section 144.555, subdivision 1b, is amended to read:
Within 30 days after receiving notice under subdivision 1a,
the commissioner shall conduct a public hearing on the scheduled cessation of operations,
curtailment of operations, relocation of health services, or cessation in offering health
services. The commissioner must provide adequate public notice of the hearing in a time
and manner determined by the commissioner. new text begin The commissioner must ensure that video
conferencing technology is used at the public hearing to allow members of the public to
view and participate in the hearing. new text end The controlling persons of the hospital or hospital
campus must participate in the public hearing. The public hearing must be held at a location
that is within ten miles of the hospital or hospital campus or with the commissioner's approval
as close as is practicable, new text begin that can accommodate the hearing's anticipated public attendance,
new text end and that is provided or arranged by the hospital or hospital campus. deleted text begin Video conferencing
technology must be used to allow members of the public to view and participate in the
hearing.deleted text end The public hearing must include:
(1) an explanation by the controlling persons of the reasons for ceasing or curtailing
operations, relocating health services, or ceasing to offer any of the listed health services;
(2) a description of the actions that controlling persons will take to ensure that residents
in the hospital's or campus's service area have continued access to the health services being
eliminated, curtailed, or relocated;
(3) an opportunity for new text begin at least one hour of new text end public testimony on the scheduled cessation
or curtailment of operations, relocation of health services, or cessation in offering any of
the listed health services, and on the hospital's or campus's plan to ensure continued access
to those health services being eliminated, curtailed, or relocated; and
(4) an opportunity for the controlling persons to respond to questions from interested
persons.
new text begin
For purposes of this section, "sensitive examination" means
a pelvic, breast, urogenital, or rectal examination.
new text end
new text begin
A health professional, or a student
or resident participating in a course of instruction, clinical training, or a residency program
for a health profession, must not perform a sensitive examination on an anesthetized or
unconscious patient unless:
new text end
new text begin
(1) the patient or the patient's legally authorized representative provided prior written,
informed consent to the sensitive examination for preventive, diagnostic, or treatment
purposes;
new text end
new text begin
(2) the patient or the patient's legally authorized representative provided prior written,
informed consent to the sensitive examination being performed solely for educational or
training purposes;
new text end
new text begin
(3) the patient or the patient's legally authorized representative provided prior written,
informed consent to a surgical procedure or diagnostic examination and the sensitive
examination is related to that surgical procedure or diagnostic examination and is medically
necessary;
new text end
new text begin
(4) the patient is unconscious and incapable of providing informed consent and the
sensitive examination is medically necessary for diagnostic or treatment purposes; or
new text end
new text begin
(5) the sensitive examination is performed by a health professional qualified to perform
the examination and is performed for purposes of collecting evidence or documenting
injuries.
new text end
new text begin
A violation of this section is a ground for
disciplinary action by the health-related licensing board regulating the individual who
violated this section.
new text end
Minnesota Statutes 2024, section 144.99, subdivision 1, is amended to read:
The provisions of chapters 103I and 157 and sections
115.71 to 115.77; 144.12, subdivision 1, paragraphs (1), (2), (5), (6), (10), (12), (13), (14),
and (15); 144.1201 to 144.1204; 144.121; 144.1215; 144.1222; 144.35; 144.381 to 144.385;
144.411 to 144.417; 144.495; 144.71 to 144.74; 144.9501 to 144.9512; 144.97 to 144.98;
144.992; new text begin 147.037, subdivision 1b, paragraph (d); new text end 326.70 to 326.785; 327.10 to 327.131;
and 327.14 to 327.28 and all rules, orders, stipulation agreements, settlements, compliance
agreements, licenses, registrations, certificates, and permits adopted or issued by the
department or under any other law now in force or later enacted for the preservation of
public health may, in addition to provisions in other statutes, be enforced under this section.
new text begin
This section is effective January 1, 2026.
new text end
Minnesota Statutes 2024, section 147.01, subdivision 7, is amended to read:
(a) The board may charge the following
nonrefundable application and license fees processed pursuant to sections 147.02, 147.03,
147.037, 147.0375, and 147.38:
(1) physician application fee, $200;
(2) physician annual registration renewal fee, $192;
(3) physician endorsement to other states, $40;
(4) physician emeritus license, $50;
(5) physician late fee, $60;
new text begin
(6) nonrenewable 24-month limited license, $392;
new text end
new text begin
(7) initial physician license for limited license holder, $192;
new text end
deleted text begin (6)deleted text end new text begin (8)new text end duplicate license fee, $20;
deleted text begin (7)deleted text end new text begin (9)new text end certification letter fee, $25;
deleted text begin (8)deleted text end new text begin (10)new text end education or training program approval fee, $100;
deleted text begin (9)deleted text end new text begin (11)new text end report creation and generation fee, $60 per hour;
deleted text begin (10)deleted text end new text begin (12)new text end examination administration fee (half day), $50;
deleted text begin (11)deleted text end new text begin (13)new text end examination administration fee (full day), $80;
deleted text begin (12)deleted text end new text begin (14)new text end fees developed by the Interstate Commission for determining physician
qualification to register and participate in the interstate medical licensure compact, as
established in rules authorized in and pursuant to section 147.38, not to exceed $1,000; and
deleted text begin (13)deleted text end new text begin (15)new text end verification fee, $25.
(b) The board may prorate the initial annual license fee. All licensees are required to
pay the full fee upon license renewal. The revenue generated from the fee must be deposited
in an account in the state government special revenue fund.
Minnesota Statutes 2024, section 147.037, is amended by adding a subdivision to
read:
new text begin
(a) A limited license under this subdivision is valid for one
24-month period and is not renewable or eligible for reapplication. The board may issue a
limited license, valid for 24 months, to any person who satisfies the requirements of
subdivision 1, paragraphs (a) to (c) and (e) to (g), and who:
new text end
new text begin
(1) pursuant to a license or other authorization to practice, has practiced medicine, as
defined in section 147.081, subdivision 3, clauses (2) to (4), for at least 60 months in the
previous 12 years outside of the United States;
new text end
new text begin
(2) submits sufficient evidence of an offer to practice within the context of a collaborative
agreement within a hospital or clinical setting where the limited license holder and physicians
work together to provide patient care;
new text end
new text begin
(3) provides services in a designated rural area or underserved urban community as
defined in section 144.1501; and
new text end
new text begin
(4) submits two letters of recommendation in support of a limited license, which must
include one letter from a physician with whom the applicant previously worked and one
letter from an administrator of the hospital or clinical setting in which the applicant previously
worked. The letters of recommendation must attest to the applicant's good medical standing.
The board may accept alternative forms of proof that demonstrate good medical standing
where there are extenuating circumstances that prevent an applicant from providing letters.
new text end
new text begin
(b) For purposes of this subdivision, a person has satisfied the requirements of subdivision
1, paragraph (e), if the person has passed steps or levels one and two of the USMLE or the
COMLEX-USA with passing scores as recommended by the USMLE program or National
Board of Osteopathic Medical Examiners within three attempts.
new text end
new text begin
(c) A person issued a limited license under this subdivision must not be required to
present evidence satisfactory to the board of the completion of one year of graduate clinical
medical training in a program accredited by a national accrediting organization approved
by the board.
new text end
new text begin
(d) An employer of a limited license holder must pay the limited license holder at least
an amount equivalent to a medical resident in a comparable field. The employer must carry
medical malpractice insurance covering a limited license holder for the duration of the
employment. The commissioner of health may issue a correction order under section 144.99,
subdivision 3, requiring an employer to comply with this paragraph. An employer must not
retaliate against or discipline an employee for raising a complaint or pursuing enforcement
relating to this paragraph.
new text end
new text begin
(e) The board may issue a full and unrestricted license to practice medicine to a person
who holds a limited license issued pursuant to paragraph (a) and who has:
new text end
new text begin
(1) held the limited license for two years and is in good standing to practice medicine
in this state;
new text end
new text begin
(2) practiced for a minimum of 1,692 hours per year for each of the previous two years;
new text end
new text begin
(3) submitted a letter of recommendation in support of a full and unrestricted license
containing all attestations required under paragraph (i) from any physician who participated
in the collaborative agreement;
new text end
new text begin
(4) passed steps or levels one, two, and three of the USMLE or COMLEX-USA with
passing scores as recommended by the USMLE program or National Board of Osteopathic
Medical Examiners within three attempts; and
new text end
new text begin
(5) completed 20 hours of continuing medical education.
new text end
new text begin
(f) A limited license holder must submit to the board, every six months or upon request,
a statement certifying whether the person is still employed as a physician in this state and
whether the person has been subjected to professional discipline as a result of the person's
practice. The board may suspend or revoke a limited license if a majority of the board
determines that the limited license holder is no longer employed as a physician in this state
by an employer. The limited license holder must be granted an opportunity to be heard prior
to the board's determination. Upon request by the limited license holder, the limited license
holder may have 90 days to regain employment. A limited license holder may change
employers during the duration of the limited license if the limited license holder has another
offer of employment. In the event that a change of employment occurs, the limited license
holder must still work the number of hours required under paragraph (e), clause (2), to be
eligible for a full and unrestricted license to practice medicine.
new text end
new text begin
(g) In addition to any other remedy provided by law, the board may, without a hearing,
temporarily suspend the license of a limited license holder if the board finds that the limited
license holder has violated a statute or rule that the board is empowered to enforce and
continued practice by the limited license holder would create a serious risk of harm to the
public. The suspension takes effect upon written notice to the limited license holder,
specifying the statute or rule violated. The suspension remains in effect until the board
issues a final order in the matter after a hearing. At the time it issues the suspension notice,
the board shall schedule a disciplinary hearing to be held pursuant to the Administrative
Procedure Act. The limited license holder shall be provided with at least 20 days' notice of
any hearing held pursuant to this subdivision. The hearing shall be scheduled to begin no
later than 30 days after the issuance of the suspension order.
new text end
new text begin
(h) For purposes of this subdivision, "collaborative agreement" means a mutually agreed
upon plan for the overall working relationship and collaborative arrangement between a
holder of a limited license and one or more physicians licensed under this chapter that
designates the scope of services that can be provided to manage the care of patients. The
limited license holder and one of the collaborating physicians must have experience in
providing care to patients with the same or similar medical conditions. Under the
collaborative agreement, the limited license holder must shadow the collaborating physician
for four weeks, after which time the limited license holder must staff all patient encounters
with the collaborating physician for an additional four weeks. After eight weeks, the
collaborating physician has discretion to allow the limited license holder to see patients
independently and may, at the discretion of the collaborating physician, require the limited
license holder to present patients. However, the limited license holder must be supervised
by the collaborating physician for a minimum of two hours per week. A limited license
holder may practice medicine without a collaborating physician physically present, but the
limited license holder and collaborating physicians must be able to easily contact each other
by radio, telephone, or other telecommunication device while the limited license holder
practices medicine. The limited license holder must have one-on-one practice reviews with
each collaborating physician, provided in person or through eye-to-eye electronic media
while maintaining visual contact, for at least two hours per week.
new text end
new text begin
(i) At least one collaborating physician must submit a letter to the board, after the limited
license holder has practiced under the license for 12 months, attesting to the following:
new text end
new text begin
(1) the limited license holder has a basic understanding of federal and state laws regarding
the provision of health care, including but not limited to:
new text end
new text begin
(i) medical licensing obligations and standards; and
new text end
new text begin
(ii) the Health Insurance Portability and Accountability Act, Public Law 104-191;
new text end
new text begin
(2) the limited license holder has a basic understanding of documentation standards;
new text end
new text begin
(3) the limited license holder has a thorough understanding of which medications are
available and unavailable in the United States;
new text end
new text begin
(4) the limited license holder has a thorough understanding of American medical standards
of care;
new text end
new text begin
(5) the limited license holder has demonstrated mastery of each of the following:
new text end
new text begin
(i) gathering a history and performing a physical exam;
new text end
new text begin
(ii) developing and prioritizing a differential diagnosis following a clinical encounter
and selecting a working diagnosis;
new text end
new text begin
(iii) recommending and interpreting common diagnostic and screening tests;
new text end
new text begin
(iv) entering and discussing orders and prescriptions;
new text end
new text begin
(v) providing an oral presentation of a clinical encounter;
new text end
new text begin
(vi) giving a patient handover to transition care responsibly;
new text end
new text begin
(vii) recognizing a patient requiring urgent care and initiating an evaluation; and
new text end
new text begin
(viii) obtaining informed consent for tests, procedures, and treatments; and
new text end
new text begin
(6) the limited license holder is providing appropriate medical care.
new text end
new text begin
(j) The board must not grant a license under this section unless the applicant possesses
federal immigration status that allows the applicant to practice as a physician in the United
States.
new text end
new text begin
This section is effective January 1, 2026.
new text end
Minnesota Statutes 2024, section 151.555, subdivision 6, is amended to read:
(a) Notwithstanding any other law or
rule, a donor may donate drugs or medical supplies to the central repository or a local
repository if the drug or supply meets the requirements of this section as determined by a
pharmacist or practitioner who is employed by or under contract with the central repository
or a local repository.
(b) A drug is eligible for donation under the medication repository program if the
following requirements are met:
(1) the drug's expiration date is at least six months after the date the drug was donated.
If a donated drug bears an expiration date that is less than six months from the donation
date, the drug may be accepted and distributed if the drug is in high demand and can be
dispensed for use by a patient before the drug's expiration date;
(2) the drug is in its original, sealed, unopened, tamper-evident packaging that includes
the expiration date. Single-unit-dose drugs may be accepted if the single-unit-dose packaging
is unopened;
(3) the drug or the packaging does not have any physical signs of tampering, misbranding,
deterioration, compromised integrity, or adulteration;
(4) the drug does not require storage temperatures other than normal room temperature
as specified by the manufacturer or United States Pharmacopoeia, unless the drug is being
donated directly by its manufacturer, a wholesale drug distributor, or a pharmacy located
in Minnesota; and
(5) the drug is not a controlled substance.
(c) A medical supply is eligible for donation under the medication repository program
if the following requirements are met:
(1) the supply has no physical signs of tampering, misbranding, or alteration and there
is no reason to believe it has been adulterated, tampered with, or misbranded;
(2) the supply is in its original, unopened, sealed packaging; and
(3) if the supply bears an expiration date, the date is at least six months later than the
date the supply was donated. If the donated supply bears an expiration date that is less than
six months from the date the supply was donated, the supply may be accepted and distributed
if the supply is in high demand and can be dispensed for use by a patient before the supply's
expiration date.
(d) The board shall develop the medication repository donor form and make it available
on the board's website. Prior to the first donation from a new donor, a central repository or
local repository shall verify and record the following information on the donor form:
(1) the donor's name, address, phone number, and license number, if applicable;
(2) that the donor will only make donations in accordance with the program;
(3) to the best of the donor's knowledge, only drugs or supplies that have been properly
stored under appropriate temperature and humidity conditions will be donated; and
(4) to the best of the donor's knowledge, only drugs or supplies that have never been
opened, used, tampered with, adulterated, or misbranded will be donated.
(e) Notwithstanding any other law or rule, a central repository or a local repository may
receive donated drugs from donors. Donated drugs and supplies may be shipped or delivered
to the premises of the central repository or a local repository, and shall be inspected by a
pharmacist or an authorized practitioner who is employed by or under contract with the
repository and who has been designated by the repository prior to dispensing. A drop box
must not be used to deliver or accept donations.
(f) The central repository and local repository shall maintain a written or electronic
inventory of all drugs and supplies donated to the repository upon acceptance of each drug
or supply. For each drug, the inventory must include the drug's name, strength, quantity,
manufacturer, expiration date, and the date the drug was donated. For each medical supply,
the inventory must include a description of the supply, its manufacturer, the date the supply
was donated, and, if applicable, the supply's brand name and expiration date. The board
may waive the requirement under this paragraph if an entity is under common ownership
or control with a central repository or local repository and either the entity or the repository
maintains an inventory containing all the information required under this paragraph.
new text begin
(g) The central repository may purchase a drug from a wholesaler licensed by the board
to fill prescriptions for eligible patients when the repository does not have a sufficient supply
of donated drugs to fill the prescription. The central repository may use any purchased drugs
remaining after filling the prescriptions for which the drugs were initially purchased to fill
other prescriptions. Whenever possible, the repository must use donated drugs to fill
prescriptions.
new text end
Minnesota Statutes 2024, section 151.555, subdivision 10, is amended to read:
(a) The central repository and
local repositories may distribute drugs and supplies donated under the medication repository
program to other participating repositories for use pursuant to this program.
(b) A local repository that elects not to dispense donated drugs or supplies new text begin that are
suitable for donation and dispensing new text end must transfer deleted text begin alldeleted text end new text begin thosenew text end donated drugs and supplies to
the central repository. A copy of the donor form that was completed by the original donor
under subdivision 6 must be provided to the central repository at the time of transfer.new text begin A
local repository must dispose of drugs and supplies in its possession that are not suitable
for donation or dispensing pursuant to subdivision 7.
new text end
Minnesota Statutes 2024, section 256B.0625, subdivision 13c, is amended to
read:
The commissioner, after receiving recommendations
from professional medical associations and professional pharmacy associations, and consumer
groups shall designate a Formulary Committee to carry out duties as described in subdivisions
13 to 13g. The Formulary Committee shall be comprised of at least five licensed physicians
actively engaged in the practice of medicine in Minnesota, one of whom is an actively
practicing psychiatrist, one of whom specializes in the diagnosis and treatment of rare
diseases, one of whom specializes in pediatrics, and one of whom actively treats persons
with disabilities; at least three licensed pharmacists actively engaged in the practice of
pharmacy in Minnesota, one of whom practices outside the metropolitan counties listed in
section 473.121, subdivision 4, one of whom practices in the metropolitan counties listed
in section 473.121, subdivision 4, and one of whom is a practicing hospital pharmacist; at
least two consumer representatives, all of whom must have a personal or professional
connection to medical assistance; and one representative designated by the Minnesota Rare
Disease Advisory Council established under section 256.4835; the remainder to be made
up of health care professionals who are licensed in their field and have recognized knowledge
in the clinically appropriate prescribing, dispensing, and monitoring of covered outpatient
drugs. Members of the Formulary Committee shall not be employed by the Department of
Human Services or have a personal interest in a pharmaceutical company, pharmacy benefits
manager, health plan company, or their affiliate organizations, but the committee shall be
staffed by an employee of the department who shall serve as an ex officio, nonvoting member
of the committee. For the purposes of this subdivision, "personal interest" means that a
person owns at least five percent of the voting interest or equity interest in the entity, the
equity interest owned by a person represents at least five percent of that person's net worth,
or more than five percent of a person's gross income for the preceding year was derived
from the entity. A committee member must notify the committee of any potential conflict
of interest and recuse themselves from any communications, discussion, or vote on any
matter where a conflict of interest exists. A conflict of interest alone, without a personal
interest, does not preclude an applicant from serving as a member of the Formulary
Committee. Members may be removed from the committee for cause after a recommendation
for removal by a majority of the committee membership. For the purposes of this subdivision,
"cause" does not include offering a differing or dissenting clinical opinion on a drug or drug
class. The department's medical director shall also serve as an ex officio, nonvoting member
for the committee. Committee members shall serve three-year terms and may be reappointed
twice by the commissioner. The committee members shall vote on a chair and vice chair
from among their membership. The chair shall preside over all committee meetings, and
the vice chair shall preside over the meetings if the chair is not present. The Formulary
Committee shall meet at least three times per year. The commissioner may require more
frequent Formulary Committee meetings as needed. An honorarium of $100 per meeting
and reimbursement for mileage shall be paid to each committee member in attendance. The
Formulary Committee expires June 30, deleted text begin 2027deleted text end new text begin 2029new text end . The Formulary Committee is subject to
the Open Meeting Law under chapter 13D. For purposes of establishing a quorum to transact
business, vacant committee member positions do not count in the calculation as long as at
least 60 percent of the committee member positions are filled.
Minnesota Statutes 2024, section 256B.0625, subdivision 13e, is amended to read:
(a) The basis for determining the amount of payment shall
be the lower of the ingredient costs of the drugs plus the professional dispensing fee; or the
usual and customary price charged to the public. The usual and customary price means the
lowest price charged by the provider to a patient who pays for the prescription by cash,
check, or charge account and includes prices the pharmacy charges to a patient enrolled in
a prescription savings club or prescription discount club administered by the pharmacy or
pharmacy chain, unless the prescription savings club or prescription discount club is one
in which an individual pays a recurring monthly access fee for unlimited access to a defined
list of drugs for which the pharmacy does not bill the member or a payer on a
per-standard-transaction basis. The amount of payment basis must be reduced to reflect all
discount amounts applied to the charge by any third-party provider/insurer agreement or
contract for submitted charges to medical assistance programs. The net submitted charge
may not be greater than the patient liability for the service. The professional dispensing fee
shall be $11.55 for prescriptions filled with legend drugs meeting the definition of "covered
outpatient drugs" according to United States Code, title 42, section 1396r-8(k)(2). The
dispensing fee for intravenous solutions that must be compounded by the pharmacist shall
be $11.55 per claim. The professional dispensing fee for prescriptions filled with
over-the-counter drugs meeting the definition of covered outpatient drugs shall be $11.55
for dispensed quantities equal to or greater than the number of units contained in the
manufacturer's original package. The professional dispensing fee shall be prorated based
on the percentage of the package dispensed when the pharmacy dispenses a quantity less
than the number of units contained in the manufacturer's original package. The pharmacy
dispensing fee for prescribed over-the-counter drugs not meeting the definition of covered
outpatient drugs shall be $3.65 for quantities equal to or greater than the number of units
contained in the manufacturer's original package and shall be prorated based on the
percentage of the package dispensed when the pharmacy dispenses a quantity less than the
number of units contained in the manufacturer's original package. The new text begin ingredient cost for
a drug is the lowest of the new text end National Average Drug Acquisition Cost (NADAC) deleted text begin shall be used
to determine the ingredient cost of a drugdeleted text end new text begin ; the Minnesota actual acquisition cost (MNAAC),
as defined in paragraph (i); or the maximum allowable costnew text end . For drugs for which a NADACnew text begin ,
MNAAC, or maximum allowable costnew text end is not reported, the commissioner shall estimate the
ingredient cost at the wholesale acquisition cost minus two percent. The ingredient cost of
a drug for a provider participating in the federal 340B Drug Pricing Program shall be deleted text begin eitherdeleted text end
the 340B Drug Pricing Program ceiling price established by the Health Resources and
Services Administration deleted text begin ordeleted text end new text begin , thenew text end NADAC,new text begin the MNAAC, or the maximum allowable cost,new text end
whichever is deleted text begin lowerdeleted text end new text begin lowestnew text end . Wholesale acquisition cost is defined as the manufacturer's list
price for a drug or biological to wholesalers or direct purchasers in the United States, not
including prompt pay or other discounts, rebates, or reductions in price, for the most recent
month for which information is available, as reported in wholesale price guides or other
publications of drug or biological pricing data. The maximum allowable cost of a deleted text begin multisourcedeleted text end
drug may be set by the commissioner and it shall be comparable to the actual acquisition
cost of the drug product and no higher than the NADAC of the generic product. Establishment
of the amount of payment for drugs shall not be subject to the requirements of the
Administrative Procedure Act.
(b) Pharmacies dispensing prescriptions to residents of long-term care facilities using
an automated drug distribution system meeting the requirements of section 151.58, or a
packaging system meeting the packaging standards set forth in Minnesota Rules, part
6800.2700, that govern the return of unused drugs to the pharmacy for reuse, may employ
retrospective billing for prescription drugs dispensed to long-term care facility residents. A
retrospectively billing pharmacy must submit a claim only for the quantity of medication
used by the enrolled recipient during the defined billing period. A retrospectively billing
pharmacy must use a billing period not less than one calendar month or 30 days.
(c) A pharmacy provider using packaging that meets the standards set forth in Minnesota
Rules, part 6800.2700, is required to credit the department for the actual acquisition cost
of all unused drugs that are eligible for reuse, unless the pharmacy is using retrospective
billing. The commissioner may permit the drug clozapine to be dispensed in a quantity that
is less than a 30-day supply.
(d) If a pharmacy dispenses a multisource drug, the ingredient cost shall be thenew text begin lesser
of thenew text end NADAC of the generic productnew text begin , the MNAAC of the generic product,new text end or the maximum
allowable costnew text begin of the generic productnew text end established by the commissioner unless prior
authorization for the brand name product has been granted according to the criteria
established by the Drug Formulary Committee as required by subdivision 13f, paragraph
(a), and the prescriber has indicated "dispense as written" on the prescription in a manner
consistent with section 151.21, subdivision 2.new text begin If prior authorization is granted, the ingredient
cost shall be the lesser of the NADAC of the brand name product, the MNAAC of the brand
name product, or the maximum allowable cost of the brand name product. A generic product
includes a generic drug, an authorized generic drug, and a biosimilar biological product as
defined in Code of Federal Regulations, title 42, section 423.4. A brand name product
includes a brand name drug, a brand name biological product, and an unbranded biological
product as defined in Code of Federal Regulations, title 42, section 423.4.
new text end
(e) The basis for determining the amount of payment for drugs administered in an
outpatient setting shall be the lower of the usual and customary cost submitted by the
provider, 106 percent of the average sales price as determined by the United States
Department of Health and Human Services pursuant to title XVIII, section 1847a of the
federal Social Security Act, the deleted text begin specialty pharmacy ratedeleted text end new text begin MNAACnew text end , or the maximum allowable
cost set by the commissioner. If average sales price deleted text begin isdeleted text end new text begin , MNAAC, and the maximum allowable
cost arenew text end unavailable, the amount of payment must be lower of the usual and customary cost
submitted by the providerdeleted text begin ,deleted text end new text begin ornew text end the wholesale acquisition costdeleted text begin , the specialty pharmacy rate,
or the maximum allowable cost set by the commissionerdeleted text end . The commissioner shall discount
the payment rate for drugs obtained through the federal 340B Drug Pricing Program by
28.6 percent. The payment for drugs administered in an outpatient setting shall be made to
the administering facility or practitioner. A retail or specialty pharmacy dispensing a drug
for administration in an outpatient setting is not eligible for direct reimbursement.
deleted text begin
(f) The commissioner may establish maximum allowable cost rates for specialty pharmacy
products that are lower than the ingredient cost formulas specified in paragraph (a). The
commissioner may require individuals enrolled in the health care programs administered
by the department to obtain specialty pharmacy products from providers with whom the
commissioner has negotiated lower reimbursement rates. Specialty pharmacy products are
defined as those used by a small number of recipients or recipients with complex and chronic
diseases that require expensive and challenging drug regimens. Examples of these conditions
include, but are not limited to: multiple sclerosis, HIV/AIDS, transplantation, hepatitis C,
growth hormone deficiency, Crohn's Disease, rheumatoid arthritis, and certain forms of
cancer. Specialty pharmaceutical products include injectable and infusion therapies,
biotechnology drugs, antihemophilic factor products, high-cost therapies, and therapies that
require complex care. The commissioner shall consult with the Formulary Committee to
develop a list of specialty pharmacy products subject to maximum allowable cost
reimbursement. In consulting with the Formulary Committee in developing this list, the
commissioner shall take into consideration the population served by specialty pharmacy
products, the current delivery system and standard of care in the state, and access to care
issues. The commissioner shall have the discretion to adjust the maximum allowable cost
to prevent access to care issues.
deleted text end
deleted text begin (g)deleted text end new text begin (f)new text end Home infusion therapy services provided by home infusion therapy pharmacies
must be paid at rates according to subdivision 8d.
deleted text begin (h)deleted text end new text begin (g)new text end The commissioner shall contract with a vendor to conduct a cost of dispensing
survey for all pharmacies that are physically located in the state of Minnesota that dispense
outpatient drugs under medical assistance. The commissioner shall ensure that the vendor
has prior experience in conducting cost of dispensing surveys. Each pharmacy enrolled with
the department to dispense outpatient prescription drugs to fee-for-service members must
respond to the cost of dispensing survey. The commissioner may sanction a pharmacy under
section 256B.064 for failure to respond. The commissioner shall require the vendor to
measure a single statewide cost of dispensing for specialty prescription drugs and a single
statewide cost of dispensing for nonspecialty prescription drugs for all responding pharmacies
to measure the mean, mean weighted by total prescription volume, mean weighted by
medical assistance prescription volume, median, median weighted by total prescription
volume, and median weighted by total medical assistance prescription volume. The
commissioner shall post a copy of the final cost of dispensing survey report on the
department's website. The initial survey must be completed no later than January 1, 2021,
and repeated every three years. The commissioner shall provide a summary of the results
of each cost of dispensing survey and provide recommendations for any changes to the
dispensing fee to the chairs and ranking minority members of the legislative committees
with jurisdiction over medical assistance pharmacy reimbursement. Notwithstanding section
256.01, subdivision 42, this paragraph does not expire.
deleted text begin (i)deleted text end new text begin (h)new text end The commissioner shall increase the ingredient cost reimbursement calculated in
paragraphs (a) and deleted text begin (f)deleted text end new text begin (e)new text end by deleted text begin 1.8 percentdeleted text end new text begin the amount of the wholesale drug distributor taxnew text end
for prescription and nonprescription drugs subject to the wholesale drug distributor tax
under section 295.52.
new text begin
(i) The commissioner shall contract with a vendor to create the MNAAC through a
periodic survey of enrolled pharmacy providers. Each pharmacy enrolled with the department
to dispense outpatient prescription drugs must respond to the periodic surveys. The
commissioner may sanction a pharmacy under section 256B.064 for failure to respond. The
current MNAAC rates must be publicly available on the department's or vendor's website.
The commissioner must require that the MNAAC is measured and calculated at least
quarterly, but the MNAAC can be measured and calculated more frequently. The
commissioner must ensure that the vendor has an appeal process available to providers for
the time between the measurement and calculation of the periodically updated MNAAC
rates if price fluctuations result in a MNAAC that is lower than what enrolled providers can
purchase a drug for. Establishment of the MNAAC and survey reporting requirements are
not subject to the requirements of the Administrative Procedure Act. Data provided by
pharmacies for the measurement and calculation of the MNAAC is nonpublic data as defined
under section 13.02, subdivision 9.
new text end
new text begin
This section is effective January 1, 2027, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Minnesota Statutes 2024, section 256B.064, subdivision 1a, is amended to read:
(a) The commissioner may impose sanctions against
any individual or entity that receives payments from medical assistance or provides goods
or services for which payment is made from medical assistance for any of the following:
(1) fraud, theft, or abuse in connection with the provision of goods and services to recipients
of public assistance for which payment is made from medical assistance; (2) a pattern of
presentment of false or duplicate claims or claims for services not medically necessary; (3)
a pattern of making false statements of material facts for the purpose of obtaining greater
compensation than that to which the individual or entity is legally entitled; (4) suspension
or termination as a Medicare vendor; (5) refusal to grant the state agency access during
regular business hours to examine all records necessary to disclose the extent of services
provided to program recipients and appropriateness of claims for payment; (6) failure to
repay an overpayment or a fine finally established under this section; (7) failure to correct
errors in the maintenance of health service or financial records for which a fine was imposed
or after issuance of a warning by the commissioner; and (8) any reason for which an
individual or entity could be excluded from participation in the Medicare program under
section 1128, 1128A, or 1866(b)(2) of the Social Security Act. For the purposes of this
section, goods or services for which payment is made from medical assistance includes but
is not limited to care and services identified in section 256B.0625 or provided pursuant to
any federally approved waiver.
(b) The commissioner may impose sanctions against a pharmacy provider for failure to
respond to a cost of dispensing survey under section 256B.0625, subdivision 13e, paragraph
(h).
new text begin
(c) The commissioner may impose sanctions against a pharmacy provider for failure to
respond to a Minnesota drug acquisition cost survey under section 256B.0625, subdivision
13e, paragraph (i).
new text end
new text begin
This section is effective January 1, 2027, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Minnesota Statutes 2024, section 256B.69, subdivision 6d, is amended to read:
new text begin (a)new text end The commissioner may exclude or modify coverage
for prescription drugs from the prepaid managed care contracts entered into under this
section in order to increase savings to the state by collecting additional prescription drug
rebates.
new text begin (b) new text end The contracts must maintain incentives for the managed care plan to manage drug
costs and utilization and may require that the managed care plans maintain an open drug
formulary. In order to manage drug costs and utilization, the contracts may authorize the
managed care plans to use preferred drug lists and prior authorization. new text begin The contracts must
require that the managed care plans enter into contracts with the state pharmacy benefit
manager under section 256B.696 to administer the pharmacy benefit.
new text end
new text begin (c) new text end This subdivision is contingent on federal approval of the managed care contract
changes and the collection of additional prescription drug rebates.
new text begin
(a) For the purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Managed care enrollees" means medical assistance and MinnesotaCare enrollees
receiving coverage from managed care plans.
new text end
new text begin
(c) "Managed care plans" means health plans and county-based purchasing organizations
providing coverage to medical assistance and MinnesotaCare enrollees under the managed
care delivery system.
new text end
new text begin
(d) "State pharmacy benefit manager" means the pharmacy benefit manager that is a
prepaid ambulatory plan as defined in Code of Federal Regulations, title 42, section 438.2,
selected pursuant to the procurement process in subdivision 2.
new text end
new text begin
(a) The commissioner must, through a competitive
procurement process in compliance with paragraph (b), select a single pharmacy benefit
manager to comply with the requirements set forth in subdivision 3.
new text end
new text begin
(b) The commissioner must, when selecting the single pharmacy benefit manager, do
the following:
new text end
new text begin
(1) accept applications for entities seeking to become the single pharmacy benefit
manager;
new text end
new text begin
(2) establish eligibility criteria an entity must meet in order to become the single pharmacy
benefit manager; and
new text end
new text begin
(3) enter into a master contract with a single pharmacy benefit manager.
new text end
new text begin
(c) The contract required under paragraph (b), clause (3), must include a prohibition on:
new text end
new text begin
(1) the single pharmacy benefit manager requiring an enrollee to obtain a drug from a
pharmacy owned or otherwise affiliated with the single pharmacy benefit manager; and
new text end
new text begin
(2) paying or reimbursing a pharmacy or pharmacist for the ingredient drug product
component of pharmacist services, including a prescription drug, less than the lesser of the
national average drug acquisition cost; the Minnesota actual acquisition cost (MNAAC)
under section 256B.0625, subdivision 13e, paragraph (i); or the maximum allowable cost
as defined in section 62W.08, of that pharmacy service or prescription drug, or, if the national
average drug acquisition cost is unavailable, the wholesale acquisition cost minus two
percent at the time the drug is administered or dispensed, plus a professional dispensing fee
equal to the amount of the dispensing fee if it were determined pursuant to section 256B.0625,
subdivision 13e.
new text end
new text begin
(d) Applicants for the single pharmacy benefit manager must disclose to the commissioner
the following during the procurement process:
new text end
new text begin
(1) any activity, policy, practice, contract, or arrangement of the single pharmacy benefit
manager that may directly or indirectly present any conflict of interest with the pharmacy
benefit manager's relationship with or obligation to the Department of Human Services, a
health plan company, or county-based purchasing organization;
new text end
new text begin
(2) all common ownership, members of a board of directors, managers, or other control
of the pharmacy benefit manager or any of the pharmacy benefit manager's affiliated
companies with:
new text end
new text begin
(i) a health plan company administering the medical assistance or MinnesotaCare benefits
or an affiliate of the health plan company;
new text end
new text begin
(ii) a county-based purchasing organization;
new text end
new text begin
(iii) an entity that contracts on behalf of a pharmacy or any pharmacy services
administration organization and its affiliates;
new text end
new text begin
(iv) a drug wholesaler or distributor and its affiliates;
new text end
new text begin
(v) a third-party payer and its affiliates; or
new text end
new text begin
(vi) a pharmacy and its affiliates that are enrolled to provide medical assistance or
MinnesotaCare;
new text end
new text begin
(3) any direct or indirect fees, charges, or any kind of assessments imposed by the
pharmacy benefit manager on pharmacies licensed in this state with which the pharmacy
benefit manager shares common ownership, management, or control, or that are owned,
managed, or controlled by any of the pharmacy benefit manager's affiliated companies;
new text end
new text begin
(4) any direct or indirect fees, charges, or any kind of assessments imposed by the
pharmacy benefit manager on pharmacies licensed in this state; and
new text end
new text begin
(5) any financial terms and arrangements between the pharmacy benefit manager and a
prescription drug manufacturer or labeler, including formulary management, drug substitution
programs, educational support claims processing, or data sales fees.
new text end
new text begin
(a) The commissioner may require the pharmacy benefit
manager to modify utilization review limitations, requirements, and strategies imposed by
managed care plans on prescription drug coverage.
new text end
new text begin
(b) The state pharmacy benefit manager is responsible for processing all point of sale
outpatient pharmacy claims under the managed care delivery system. Managed care plans
must use the state pharmacy benefit manager pursuant to the terms of the master contract
required under subdivision 2, paragraph (b), clause (3). The pharmacy benefit manager
selected is the exclusive pharmacy benefit manager used by health plan companies and
county-based purchasing organizations when providing coverage to enrollees. The
commissioner may require the managed care plans and pharmacy benefit manager to directly
exchange data and files for members enrolled with managed care plans.
new text end
new text begin
(c) All payment arrangements between the Department of Human Services, managed
care plans, and the state pharmacy benefit manager must comply with state and federal
statutes, regulations adopted by the Centers for Medicare and Medicaid Services, and any
other agreement between the department and the Centers for Medicare and Medicaid Services.
The commissioner may change a payment arrangement to comply with this paragraph.
new text end
new text begin
(d) The commissioner must administer and oversee this section to:
new text end
new text begin
(1) ensure proper administration of prescription drug benefits for managed care enrollees;
and
new text end
new text begin
(2) increase the transparency of prescription drug prices and other information for the
benefit of pharmacies.
new text end
new text begin
(a) The state pharmacy benefit manager must,
on request from the commissioner, disclose to the commissioner all sources of payment the
state pharmacy benefit manager receives for prescribed drugs, including any financial
benefits, drug rebates, discounts, credits, clawbacks, fees, grants, chargebacks,
reimbursements, or other payments related to services provided for a managed care plan.
new text end
new text begin
(b) Each managed care plan must disclose to the commissioner, in the format specified
by the commissioner, the entity's administrative costs associated with providing pharmacy
services under the managed care delivery system.
new text end
new text begin
(c) The state pharmacy benefit manager must provide a written quarterly report to the
commissioner containing the following information from the immediately preceding quarter:
new text end
new text begin
(1) the prices the state pharmacy benefit manager negotiated for prescribed drugs under
the managed care delivery system. The price must include any rebates the state pharmacy
benefit manager received from the drug manufacturer;
new text end
new text begin
(2) any rebate amounts the state pharmacy benefit manager passed on to individual
pharmacies;
new text end
new text begin
(3) any changes to the information previously disclosed under subdivision 2, paragraph
(d); and
new text end
new text begin
(4) any other information required by the commissioner, including unredacted copies
of contracts between the pharmacy benefit manager and enrolled pharmacies.
new text end
new text begin
(d) The commissioner may request and collect additional information and clinical data
from the state pharmacy benefit manager.
new text end
new text begin
(e) At the time of contract execution, renewal, or modification, the commissioner must
modify the reporting requirements under its managed care contracts as necessary to meet
the requirements of this subdivision.
new text end
new text begin
(a) To accomplish the requirements of subdivision 3, the
commissioner, in consultation with the Formulary Committee established under section
256B.0625, subdivision 13c, has the authority to:
new text end
new text begin
(1) adopt or develop a preferred drug list for managed care plans;
new text end
new text begin
(2) at the commissioner's discretion, engage in price negotiations with prescription drug
manufacturers, wholesalers, or group purchasing organizations in place of the state pharmacy
benefit manager to obtain price discounts and rebates for prescription drugs for managed
care enrollees; and
new text end
new text begin
(3) develop and manage a drug formulary for managed care plans.
new text end
new text begin
(b) The commissioner may contract with one or more entities to perform any of the
functions described in paragraph (a).
new text end
new text begin
The commissioner may review contracts between the state
pharmacy benefit manager and pharmacies for compliance with this section and the master
contract required under subdivision 2, paragraph (b), clause (3). The commissioner may
amend any term or condition of a contract that does not comply with this section or the
master contract.
new text end
new text begin
The commissioner must seek any necessary federal approvals
to implement this section.
new text end
new text begin
Subdivisions 1 to 6 are effective January 1, 2027, or upon federal
approval, whichever is later. The commissioner of human services shall notify the revisor
of statutes when federal approval is obtained. Subdivision 7 is effective the day following
final enactment.
new text end
new text begin
(a) For plan year 2026, the commissioner shall provide a directed pharmacy dispensing
payment of $1.84 per filled prescription under the medical assistance program to eligible
outpatient retail pharmacies in Minnesota to improve and maintain access to pharmaceutical
services in rural and underserved areas of the state. Managed care and county-based
purchasing plans delivering services under Minnesota Statutes, section 256B.69 or 256B.692,
and any pharmacy benefit managers under contract with these entities, must pay the directed
pharmacy dispensing payment to eligible outpatient retail pharmacies for drugs dispensed
to medical assistance enrollees. The directed pharmacy dispensing payment is in addition
to, and must not supplant or reduce, any other dispensing fee paid by these entities to the
pharmacy. Entities paying the directed pharmacy dispensing payment must not reduce other
payments to the pharmacy as a result of payment of the directed pharmacy dispensing
payment.
new text end
new text begin
(b) For purposes of this section, "eligible outpatient retail pharmacy" means an outpatient
retail pharmacy licensed under chapter 151 that is not owned, either directly or indirectly
or through an affiliate or subsidiary, by a pharmacy benefit manager licensed under chapter
62W or a health carrier, as defined in Minnesota Statutes, section 62A.011, subdivision 2,
and that:
new text end
new text begin
(1) is located in a medically underserved area or primarily serves a medically underserved
population, as defined by the United States Department of Health and Human Services
Health Resources and Services Administration under United States Code, title 42, section
254; or
new text end
new text begin
(2) shares common ownership with 13 or fewer Minnesota pharmacies.
new text end
new text begin
(c) In order to receive the directed pharmacy dispensing payment, a pharmacy must
submit to the commissioner a form, developed by the commissioner, attesting that the
pharmacy meets the requirements of paragraph (b).
new text end
new text begin
(d) The commissioner shall set and adjust the amount of the directed pharmacy dispensing
payment to reflect the available state and federal funding.
new text end
new text begin
(e) Managed care and county-based purchasing plans, and any pharmacy benefit managers
under contract with these entities, shall pay the directed pharmacy dispensing payment to
eligible outpatient retail pharmacies. The commissioner shall monitor the effect of this
requirement on access to pharmaceutical services in rural and underserved areas of the state.
If, for any contract year, federal approval is not received for this section, the commissioner
must adjust the capitation rates paid to managed care plans and county-based purchasing
plans for that contract year to reflect removal of this section. Contracts between managed
care plans and county-based purchasing plans, and any pharmacy benefit managers under
contract with these entities, and providers to whom this section applies, must allow recovery
of payments from those providers if capitation rates are adjusted in accordance with this
paragraph. Payment recoveries must not exceed the amount equal to any increase in rates
that results from this section. This section expires if federal approval is not received for this
section at any time.
new text end
new text begin
This section is effective January 1, 2026, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Minnesota Statutes 2024, section 62A.673, subdivision 2, is amended to read:
(a) For purposes of this section, the terms defined in this subdivision
have the meanings given.
(b) "Distant site" means a site at which a health care provider is located while providing
health care services or consultations by means of telehealth.
(c) "Health care provider" means a health care professional who is licensed or registered
by the state to perform health care services within the provider's scope of practice and in
accordance with state law. A health care provider includes a mental health professional
under section 245I.04, subdivision 2; a mental health practitioner under section 245I.04,
subdivision 4; a clinical trainee under section 245I.04, subdivision 6; a treatment coordinator
under section 245G.11, subdivision 7; an alcohol and drug counselor under section 245G.11,
subdivision 5; and a recovery peer under section 245G.11, subdivision 8.
(d) "Health carrier" has the meaning given in section 62A.011, subdivision 2.
(e) "Health plan" has the meaning given in section 62A.011, subdivision 3. Health plan
includes dental plans as defined in section 62Q.76, subdivision 3, but does not include dental
plans that provide indemnity-based benefits, regardless of expenses incurred, and are designed
to pay benefits directly to the policy holder.
(f) "Originating site" means a site at which a patient is located at the time health care
services are provided to the patient by means of telehealth. For purposes of store-and-forward
technology, the originating site also means the location at which a health care provider
transfers or transmits information to the distant site.
(g) "Store-and-forward technology" means the asynchronous electronic transfer or
transmission of a patient's medical information or data from an originating site to a distant
site for the purposes of diagnostic and therapeutic assistance in the care of a patient.
(h) "Telehealth" means the delivery of health care services or consultations through the
use of real time two-way interactive audio and visual communications to provide or support
health care delivery and facilitate the assessment, diagnosis, consultation, treatment,
education, and care management of a patient's health care. Telehealth includes the application
of secure video conferencing, store-and-forward technology, and synchronous interactions
between a patient located at an originating site and a health care provider located at a distant
site. Until July 1, deleted text begin 2025deleted text end new text begin 2028new text end , telehealth also includes audio-only communication between
a health care provider and a patient deleted text begin in accordance with subdivision 6, paragraph (b)deleted text end new text begin if the
communication is a scheduled appointment and the standard of care for that particular
service can be met through the use of audio-only communication or if, for substance use
disorder treatment services and mental health care services delivered through telehealth by
means of audio-only communication, the communication was initiated by the enrollee while
in an emergency or crisis situation and a scheduled appointment was not possible due to
the need of an immediate responsenew text end . Telehealth does not include communication between
health care providers that consists solely of a telephone conversation, email, or facsimile
transmission. Telehealth does not include communication between a health care provider
and a patient that consists solely of an email or facsimile transmission. Telehealth does not
include telemonitoring services as defined in paragraph (i).
(i) "Telemonitoring services" means the remote monitoring of clinical data related to
the enrollee's vital signs or biometric data by a monitoring device or equipment that transmits
the data electronically to a health care provider for analysis. Telemonitoring is intended to
collect an enrollee's health-related data for the purpose of assisting a health care provider
in assessing and monitoring the enrollee's medical condition or status.
new text begin
This section is effective July 1, 2025.
new text end
Minnesota Statutes 2024, section 174.30, subdivision 3, is amended to read:
(a) A special
transportation service that transports individuals occupying wheelchairs is subject to the
provisions of sections 299A.11 to 299A.17 concerning wheelchair securement devices. The
commissioners of transportation and public safety shall cooperate in the enforcement of
this section and sections 299A.11 to 299A.17 so that a single inspection is sufficient to
ascertain compliance with sections 299A.11 to 299A.17 and with the standards adopted
under this section. Representatives of the Department of Transportation may inspect
wheelchair securement devices in vehicles operated by special transportation service
providers to determine compliance with sections 299A.11 to 299A.17 and to issue certificates
under section 299A.14, subdivision 4.
(b) In place of a certificate issued under section 299A.14, the commissioner may issue
a decal under subdivision 4 for a vehicle equipped with a wheelchair securement device if
the device complies with sections 299A.11 to 299A.17 and the decal displays the information
in section 299A.14, subdivision 4.
(c) For vehicles designated as protected transport under section 256B.0625, subdivision
17, paragraph deleted text begin (l)deleted text end new text begin (n)new text end , the commissioner of transportation, during the commissioner's
inspection, shall check to ensure the safety provisions contained in that paragraph are in
working order.
Minnesota Statutes 2024, section 256.9657, subdivision 2, is amended to read:
(a) Effective October 1, 1992, each Minnesota hospital
except facilities of the federal Indian Health Service and regional treatment centers shall
pay to the deleted text begin medical assistance accountdeleted text end new text begin health care access fundnew text end a surcharge equal to 1.4 percent
of net patient revenues excluding net Medicare revenues reported by that provider to the
health care cost information system according to the schedule in subdivision 4.
(b) Effective July 1, 1994, the surcharge under paragraph (a) is increased to 1.56 percent.
(c) Notwithstanding the Medicare cost finding and allowable cost principles, the hospital
surcharge is not an allowable cost for purposes of rate setting under sections 256.9685 to
256.9695.
Minnesota Statutes 2024, section 256.9657, is amended by adding a subdivision
to read:
new text begin
(a) For purposes of this subdivision, the following terms
have the meanings given:
new text end
new text begin
(1) "eligible hospital" means a hospital:
new text end
new text begin
(i) licensed under section 144.50;
new text end
new text begin
(ii) located in Minnesota; and
new text end
new text begin
(iii) with a Medicare cost report filed and showing in the Healthcare Cost Report
Information System (HCRIS);
new text end
new text begin
(2) "net outpatient revenue" means the value to reflect total outpatient revenue less
Medicare revenue as calculated from Worksheet G of the hospital's Medicare cost report;
and
new text end
new text begin
(3) "total patient days" means the value to reflect total hospital inpatient days as reported
on Worksheet S-3 of the hospital's Medicare cost report.
new text end
new text begin
(b) Subject to paragraphs (k) to (n), each eligible hospital must pay assessments to the
hospital directed payment program account, with an aggregate annual assessment amount
equal to the sum of the following:
new text end
new text begin
(1) $120.22 multiplied by total patient days; and
new text end
new text begin
(2) 5.96 percent of the hospital's net outpatient revenue.
new text end
new text begin
(c) The assessment amount for calendar years 2026 and 2027 must be based on the total
patient days and net outpatient revenue reflected on an eligible hospital's Medicare cost
report as follows:
new text end
new text begin
(1) an eligible hospital with a fiscal year ending on March 31 or June 30 must use data
from a cost report from hospital fiscal year 2022; and
new text end
new text begin
(2) an eligible hospital with a fiscal year ending on September 30 or December 31 must
use data from a cost report from hospital fiscal year 2021.
new text end
new text begin
The annual assessment amount for calendar years after 2027 must be set for a two-year
period and must be based on the total patient days and net outpatient revenue reflected on
an eligible hospital's most recent Medicare cost report filed and showing in HCRIS as of
August 1 of the year prior to the subsequent two-year period.
new text end
new text begin
(d) The commissioner may, after consultation with the Minnesota Hospital Association,
modify the rates of assessment in paragraph (b) as necessary to comply with federal law,
obtain or maintain a waiver under Code of Federal Regulations, title 42, section 433.72, or
otherwise maximize under this section federal financial participation for medical assistance.
new text end
new text begin
(e) Eligible hospitals must pay the annual assessment amount under paragraph (b) to the
commissioner by paying four equal, quarterly assessments. Eligible hospitals must pay the
quarterly assessments by January 1, April 1, July 1, and October 1 each year. Assessments
must be paid in the form and manner specified by the commissioner. An eligible hospital
is prohibited from paying a quarterly assessment until the eligible hospital has received the
applicable invoice under paragraph (f).
new text end
new text begin
(f) The commissioner must provide eligible hospitals with an invoice by December 1
for the assessment due January 1, March 1 for the assessment due April 1, June 1 for the
assessment due July 1, and September 1 for the assessment due October 1 each year.
new text end
new text begin
(g) The commissioner must notify each eligible hospital of its estimated annual assessment
amount for the subsequent calendar year by October 15 each year.
new text end
new text begin
(h) If any of the dates for assessments or invoices in paragraphs (d) to (f) fall on a holiday,
the applicable date is the next business day.
new text end
new text begin
(i) A hospital that has merged with another hospital must have the hospital's assessment
revised at the start of the first full fiscal year after the merger is complete. A closed hospital
is retroactively responsible for assessments owed for services provided through the final
date of operations.
new text end
new text begin
(j) If the commissioner determines that a hospital has underpaid or overpaid an
assessment, the commissioner must notify the hospital of the unpaid assessment or of any
refund due.
new text end
new text begin
(k) Revenue from an assessment under this subdivision must only be used by the
commissioner to pay the nonfederal share of the directed payment program under section
256B.1974.
new text end
new text begin
(l) The commissioner is prohibited from collecting any assessment under this subdivision
during any period of time when:
new text end
new text begin
(1) federal financial participation is unavailable or disallowed, or if the approved federal
financial participation for the directed payment under section 256B.1974 is less than 51
percent; or
new text end
new text begin
(2) a directed payment under section 256B.1974 is not approved by the Centers for
Medicare and Medicaid Services.
new text end
new text begin
(m) The commissioner must make the following discounts from the inpatient portion of
the assessment under paragraph (b), clause (1), in the stated amount or as necessary to
achieve federal approval of the assessment in this section:
new text end
new text begin
(1) Hennepin Healthcare, with a discount of 25 percent off the inpatient portion of the
assessment rate;
new text end
new text begin
(2) Mayo Rochester, with a discount of ten percent off the inpatient portion of the
assessment rate;
new text end
new text begin
(3) Gillette Children's Hospital, with a discount of 90 percent off the inpatient portion
of the assessment rate;
new text end
new text begin
(4) each hospital not included in another discount category, and with greater than
$200,000,000 in total medical assistance inpatient and outpatient revenue in fee-for-service
and managed care, as reported in the state fiscal year 2022 Medicare cost report, with a
discount of five percent off the inpatient portion of the assessment rate; and
new text end
new text begin
(5) a discount off the inpatient portion of the assessment rate, as is necessary, in order
to ensure that no single hospital is responsible for greater than 12 percent of the total
assessment annually collected statewide.
new text end
new text begin
(n) The commissioner must make the following discounts from the outpatient portion
of the assessment under paragraph (b), clause (2), in the stated amount or as necessary to
achieve federal approval of the assessment in this section:
new text end
new text begin
(1) each critical access hospital or independent hospital located outside a city of the first
class and paid under the Medicare prospective payment system, with a discount of 40 percent
off the outpatient portion of the assessment rate;
new text end
new text begin
(2) Gillette Children's Hospital, with a discount of 90 percent off the outpatient portion
of the assessment rate;
new text end
new text begin
(3) Hennepin Healthcare, with a discount of 60 percent off the outpatient portion of the
assessment rate;
new text end
new text begin
(4) Mayo Rochester, with a discount of 20 percent off the outpatient portion of the
assessment rate; and
new text end
new text begin
(5) each hospital not included in another discount category, and with greater than
$200,000,000 in total medical assistance inpatient and outpatient revenue in fee-for-service
and managed care, as reported in the state fiscal year 2022 Medicare cost report, with a
discount of ten percent off the outpatient portion of the assessment rate.
new text end
new text begin
(o) The commissioner must fully exempt the following from the assessment in this
section:
new text end
new text begin
(1) federal Indian Health Service facilities;
new text end
new text begin
(2) state-owned or state-operated regional treatment centers and all state-operated services;
new text end
new text begin
(3) federal Veterans Administration Medical Centers; and
new text end
new text begin
(4) long-term acute care hospitals.
new text end
new text begin
(p) If the federal share of the hospital directed payment program under section 256B.1974
is increased as the result of an increase to the federal medical assistance percentage, the
commissioner must reduce the assessment on a uniform percentage basis across eligible
hospitals on which the assessment is imposed, such that the aggregate amount collected
from hospitals under this subdivision does not exceed the total amount needed to maintain
the same aggregate state and federal funding level for the directed payments authorized by
section 256B.1974.
new text end
new text begin
(q) Hospitals subject to the assessment under this subdivision must submit to the
commissioner on an annual basis, in the form and manner specified by the commissioner
in consultation with the Minnesota Hospital Association, all documentation necessary to
determine the assessment amounts under this subdivision.
new text end
new text begin
(a) This section is effective the later of January 1, 2026, or federal
approval of all of the following:
new text end
new text begin
(1) the waiver for the assessment required under this section; and
new text end
new text begin
(2) the amendments in this act to Minnesota Statutes, sections 256B.1973 and 256B.1974.
new text end
new text begin
(b) The commissioner of human services shall notify the revisor of statutes when federal
approval for all amendments set forth in paragraph (a) is obtained.
new text end
Minnesota Statutes 2024, section 256.969, subdivision 2f, is amended to read:
new text begin (a) new text end Effective January 1, 2022, for a hospital
eligible to receive disproportionate share hospital payments under subdivision 9, paragraph
(d), clause (6), the commissioner shall reduce the amount calculated under subdivision 9,
paragraph (d), clause (6), by 99 percent and compute an alternate inpatient payment rate.
The alternate payment rate shall be structured to target a total aggregate reimbursement
amount equal to what the hospital would have received for providing fee-for-service inpatient
services under this section to patients enrolled in medical assistance had the hospital received
the entire amount calculated under subdivision 9, paragraph (d), clause (6).new text begin This paragraph
expires when paragraph (b) becomes effective.
new text end
new text begin
(b) For hospitals eligible to receive payment under section 256B.1973 or 256B.1974
and meeting the criteria in subdivision 9, paragraph (d), the commissioner shall reduce the
amount calculated under subdivision 9, paragraph (d), by one percent and compute an
alternate inpatient payment rate. The alternate payment rate shall be structured to target a
total aggregate reimbursement amount equal to what the hospital would have received for
providing fee-for-service inpatient services under this section to patients enrolled in medical
assistance had the hospital received 99 percent of the entire amount calculated under
subdivision 9, paragraph (d). Hospitals that do not meet federal requirements for Medicaid
disproportionate share hospitals are not eligible for this alternate payment.
new text end
new text begin
(a) Paragraph (b) of this section is effective the later of January
1, 2026, or federal approval of all of the following:
new text end
new text begin
(1) this section; and
new text end
new text begin
(2) the amendments in this act to Minnesota Statutes, sections 256B.1973 and 256B.1974.
new text end
new text begin
(b) The commissioner of human services shall notify the revisor of statutes when federal
approval for all amendments set forth in paragraph (a) is obtained.
new text end
Minnesota Statutes 2024, section 256B.0371, subdivision 3, is amended to read:
(a) The commissioner shall
determine the extent to which managed care deleted text begin and county-based purchasingdeleted text end plans in the
aggregate meet the performance benchmark specified in subdivision 1 for coverage year
2024. If managed care deleted text begin and county-based purchasingdeleted text end plans in the aggregate fail to meet the
performance benchmark, the commissioner, after issuing a request for information followed
by a request for proposals, shall contract with a dental administrator to administer dental
services beginning January 1, deleted text begin 2026deleted text end new text begin 2028new text end , for deleted text begin alldeleted text end recipients of medical assistance and
MinnesotaCaredeleted text begin , including personsdeleted text end new text begin who arenew text end served under fee-for-service and persons receiving
services through managed care deleted text begin and county-based purchasingdeleted text end plans.
(b) The dental administrator must provide administrative services, including but not
limited to:
(1) provider recruitment, contracting, and assistance;
(2) recipient outreach and assistance;
(3) utilization management and reviews of medical necessity for dental services;
(4) dental claims processing;
(5) coordination of dental care with other services;
(6) management of fraud and abuse;
(7) monitoring access to dental servicesnew text begin statewidenew text end ;
(8) performance measurement;
(9) quality improvement and evaluation; deleted text begin and
deleted text end
(10) management of third-party liability requirementsdeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(11) establishment of grievance and appeals processes for providers and enrollees that
the commissioner can monitor.
new text end
(c) Dental administrator payments to contracted dental providers must be deleted text begin at thedeleted text end new text begin based
onnew text end rates deleted text begin established under sections 256B.76 and 256L.11deleted text end new text begin recommended by the dental access
working group. If the recommended rates are not established in law prior to July 1, 2027,
then dental administrator payments to contracted dental providers must be at the rates
established under sections 256B.76 and 256L.11new text end .
(d) Recipients must be given a choice of dental provider, including any provider who
agrees to provider participation requirements and payment rates established by the
commissioner and dental administrator. The dental administrator must comply with the
network adequacy and geographic access requirements that apply to managed care deleted text begin and
county-based purchasingdeleted text end plans for dental services under section 62K.14.
(e) The contract with the dental administrator must include deleted text begin a provision that states that
if the dental administrator fails to meet, by calendar year 2029, a performance benchmark
under which at least 55 percent of children and adults who were continuously enrolled for
at least 11 months in either medical assistance or MinnesotaCare received at least one dental
visit during the calendar year, the contract must be terminated and the commissioner must
enter into a contract with a new dental administrator as soon as practicabledeleted text end new text begin performance
benchmarks, accountability measures, and progress rewards based on the recommendations
from the dental access working groupnew text end .
deleted text begin
(f) The commissioner shall implement this subdivision in consultation with representatives
of providers who provide dental services to patients enrolled in medical assistance or
MinnesotaCare, including but not limited to providers serving primarily low-income and
socioeconomically complex populations, and with representatives of managed care plans
and county-based purchasing plans.
deleted text end
Minnesota Statutes 2024, section 256B.04, subdivision 12, is amended to read:
(a) new text begin The commissioner shall new text end place limits on the types
of services covered by medical assistance, the frequency with which the same or similar
services may be covered by medical assistance for an individual recipient, and the amount
paid for each covered service. The state agency shall promulgate rules establishing maximum
reimbursement rates for emergency and nonemergency transportation.
The rules shall provide:
(1) an opportunity for all recognized transportation providers to be reimbursed for
nonemergency transportation consistent with the maximum rates established by the agency;
and
(2) reimbursement of public and private nonprofit providers serving the population with
a disability generally at reasonable maximum rates that reflect the cost of providing the
service regardless of the fare that might be charged by the provider for similar services to
individuals other than those receiving medical assistance or medical care under this chapter.new text begin
This paragraph expires July 1, 2026, for medical assistance fee-for-service and January 1,
2027, for prepaid medical assistance.
new text end
(b) The commissioner shall encourage providers reimbursed under this chapter to
coordinate their operation with similar services that are operating in the same community.
To the extent practicable, the commissioner shall encourage eligible individuals to utilize
less expensive providers capable of serving their needs.new text begin This paragraph expires July 1, 2026,
for medical assistance fee-for-service and January 1, 2027, for prepaid medical assistance.
new text end
(c) For the purpose of this subdivision and section 256B.02, subdivision 8, and effective
on January 1, 1981, "recognized provider of transportation services" means an operator of
special transportation service as defined in section 174.29 that has been issued a current
certificate of compliance with operating standards of the commissioner of transportation
or, if those standards do not apply to the operator, that the agency finds is able to provide
the required transportation in a safe and reliable manner. Until January 1, 1981, "recognized
transportation provider" includes an operator of special transportation service that the agency
finds is able to provide the required transportation in a safe and reliable manner.new text begin This
paragraph expires July 1, 2026, for medical assistance fee-for-service and January 1, 2027,
for prepaid medical assistance.
new text end
new text begin
(d) Effective July 1, 2026, for medical assistance fee-for-service and January 1, 2027,
for prepaid medical assistance, the commissioner shall place limits on the types of services
covered by medical assistance, the frequency with which the same or similar services may
be covered by medical assistance for an individual recipient, and the amount paid for each
covered service.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2024, section 256B.04, subdivision 14, is amended to read:
(a) When determined to be effective, economical, and
feasible, the commissioner may utilize volume purchase through competitive bidding and
negotiation under the provisions of chapter 16C, to provide items under the medical assistance
program including but not limited to the following:
(1) eyeglasses;
(2) oxygen. The commissioner shall provide for oxygen needed in an emergency situation
on a short-term basis, until the vendor can obtain the necessary supply from the contract
dealer;
(3) hearing aids and supplies;
(4) durable medical equipment, including but not limited to:
(i) hospital beds;
(ii) commodes;
(iii) glide-about chairs;
(iv) patient lift apparatus;
(v) wheelchairs and accessories;
(vi) oxygen administration equipment;
(vii) respiratory therapy equipment;
(viii) electronic diagnostic, therapeutic and life-support systems; and
(ix) allergen-reducing products as described in section 256B.0625, subdivision 67,
paragraph (c) or (d);
(5) nonemergency medical transportation level of need determinations, disbursement of
public transportation passes and tokens, and volunteer and recipient mileage and parking
reimbursements;
(6) drugs; and
(7) quitline services as described in section 256B.0625, subdivision 68, paragraph (c).
new text begin
This paragraph expires July 1, 2026, for medical assistance fee-for-service and January 1,
2027, for prepaid medical assistance.
new text end
new text begin
(b) Effective July 1, 2026, for medical assistance fee-for-service and January 1, 2027,
for prepaid medical assistance, when determined to be effective, economical, and feasible,
the commissioner may utilize volume purchase through competitive bidding and negotiation
under the provisions of chapter 16C to provide items under the medical assistance program,
including but not limited to the following:
new text end
new text begin
(1) eyeglasses;
new text end
new text begin
(2) oxygen. The commissioner shall provide for oxygen needed in an emergency situation
on a short-term basis, until the vendor can obtain the necessary supply from the contract
dealer;
new text end
new text begin
(3) hearing aids and supplies;
new text end
new text begin
(4) durable medical equipment, including but not limited to:
new text end
new text begin
(i) hospital beds;
new text end
new text begin
(ii) commodes;
new text end
new text begin
(iii) glide-about chairs;
new text end
new text begin
(iv) patient lift apparatus;
new text end
new text begin
(v) wheelchairs and accessories;
new text end
new text begin
(vi) oxygen administration equipment;
new text end
new text begin
(vii) respiratory therapy equipment; and
new text end
new text begin
(viii) electronic diagnostic, therapeutic, and life-support systems;
new text end
new text begin
(5) nonemergency medical transportation; and
new text end
new text begin
(6) drugs.
new text end
deleted text begin (b)deleted text end new text begin (c)new text end Rate changes and recipient cost-sharing under this chapter and chapter 256L do
not affect contract payments under this subdivision unless specifically identified.
deleted text begin (c)deleted text end new text begin (d)new text end The commissioner may not utilize volume purchase through competitive bidding
and negotiation under the provisions of chapter 16C for special transportation services or
incontinence products and related supplies.new text begin This paragraph expires July 1, 2026, for medical
assistance fee-for-service and January 1, 2027, for prepaid medical assistance.
new text end
new text begin
(e) Effective July 1, 2026, for medical assistance fee-for-service and January 1, 2027,
for prepaid medical assistance, the commissioner must not utilize volume purchase through
competitive bidding and negotiation under the provisions of chapter 16C for incontinence
products and related supplies.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2024, section 256B.0625, subdivision 3b, is amended to read:
(a) Medical assistance covers medically necessary services
and consultations delivered by a health care provider through telehealth in the same manner
as if the service or consultation was delivered through in-person contact. Services or
consultations delivered through telehealth shall be paid at the full allowable rate.
(b) The commissioner may establish criteria that a health care provider must attest to in
order to demonstrate the safety or efficacy of delivering a particular service through
telehealth. The attestation may include that the health care provider:
(1) has identified the categories or types of services the health care provider will provide
through telehealth;
(2) has written policies and procedures specific to services delivered through telehealth
that are regularly reviewed and updated;
(3) has policies and procedures that adequately address patient safety before, during,
and after the service is delivered through telehealth;
(4) has established protocols addressing how and when to discontinue telehealth services;
and
(5) has an established quality assurance process related to delivering services through
telehealth.
(c) As a condition of payment, a licensed health care provider must document each
occurrence of a health service delivered through telehealth to a medical assistance enrollee.
Health care service records for services delivered through telehealth must meet the
requirements set forth in Minnesota Rules, part 9505.2175, subparts 1 and 2, and must
document:
(1) the type of service delivered through telehealth;
(2) the time the service began and the time the service ended, including an a.m. and p.m.
designation;
(3) the health care provider's basis for determining that telehealth is an appropriate and
effective means for delivering the service to the enrollee;
(4) the mode of transmission used to deliver the service through telehealth and records
evidencing that a particular mode of transmission was utilized;
(5) the location of the originating site and the distant site;
(6) if the claim for payment is based on a physician's consultation with another physician
through telehealth, the written opinion from the consulting physician providing the telehealth
consultation; and
(7) compliance with the criteria attested to by the health care provider in accordance
with paragraph (b).
(d) Telehealth visits provided through audio and visual communication or accessible
video-based platforms may be used to satisfy the face-to-face requirement for reimbursement
under the payment methods that apply to a federally qualified health center, rural health
clinic, Indian health service, 638 tribal clinic, and certified community behavioral health
clinic, if the service would have otherwise qualified for payment if performed in person.
(e) For purposes of this subdivision, unless otherwise covered under this chapter:
(1) "telehealth" means the delivery of health care services or consultations using real-time
two-way interactive audio and visual communication or accessible telehealth video-based
platforms to provide or support health care delivery and facilitate the assessment, diagnosis,
consultation, treatment, education, and care management of a patient's health care. Telehealth
includes: the application of secure video conferencing consisting of a real-time, full-motion
synchronized video; store-and-forward technology; and synchronous interactions, between
a patient located at an originating site and a health care provider located at a distant site.
Telehealth does not include communication between health care providers, or between a
health care provider and a patient that consists solely of an audio-only communication,
email, or facsimile transmission or as specified by lawnew text begin , except that between July 1, 2025,
and July 1, 2028, telehealth includes communication between a health care provider and a
patient that solely consists of audio-only communicationnew text end ;
(2) "health care provider" means a health care provider as defined under section 62A.673;
a community paramedic as defined under section 144E.001, subdivision 5f; a community
health worker who meets the criteria under subdivision 49, paragraph (a); a mental health
certified peer specialist under section 245I.04, subdivision 10; a mental health certified
family peer specialist under section 245I.04, subdivision 12; a mental health rehabilitation
worker under section 245I.04, subdivision 14; a mental health behavioral aide under section
245I.04, subdivision 16; a treatment coordinator under section 245G.11, subdivision 7; an
alcohol and drug counselor under section 245G.11, subdivision 5; or a recovery peer under
section 245G.11, subdivision 8; and
(3) "originating site," "distant site," and "store-and-forward technology" have the
meanings given in section 62A.673, subdivision 2.
new text begin
This section is effective July 1, 2025.
new text end
Minnesota Statutes 2024, section 256B.0625, subdivision 17, is amended to read:
(a) "Nonemergency medical transportation service"
means motor vehicle transportation provided by a public or private person that serves
Minnesota health care program beneficiaries who do not require emergency ambulance
service, as defined in section 144E.001, subdivision 3, to obtain covered medical services.
(b) For purposes of this subdivision, "rural urban commuting area" or "RUCA" means
a census-tract based classification system under which a geographical area is determined
to be urban, rural, or super rural.new text begin This paragraph expires July 1, 2026, for medical assistance
fee-for-service and January 1, 2027, for prepaid medical assistance.
new text end
(c) Medical assistance covers medical transportation costs incurred solely for obtaining
emergency medical care or transportation costs incurred by eligible persons in obtaining
emergency or nonemergency medical care when paid directly to an ambulance company,
nonemergency medical transportation company, or other recognized providers of
transportation services. Medical transportation must be provided by:
(1) nonemergency medical transportation providers who meet the requirements of this
subdivision;
(2) ambulances, as defined in section 144E.001, subdivision 2;
(3) taxicabs that meet the requirements of this subdivision;
(4) public transportation, within the meaning of "public transportation" as defined in
section 174.22, subdivision 7; or
(5) not-for-hire vehicles, including volunteer drivers, as defined in section 65B.472,
subdivision 1, paragraph (p).
(d) Medical assistance covers nonemergency medical transportation provided by
nonemergency medical transportation providers enrolled in the Minnesota health care
programs. All nonemergency medical transportation providers must comply with the
operating standards for special transportation service as defined in sections 174.29 to 174.30
and Minnesota Rules, chapter 8840, and all drivers must be individually enrolled with the
commissioner and reported on the claim as the individual who provided the service. All
nonemergency medical transportation providers shall bill for nonemergency medical
transportation services in accordance with Minnesota health care programs criteria. Publicly
operated transit systems, volunteers, and not-for-hire vehicles are exempt from the
requirements outlined in this paragraph.
(e) An organization may be terminated, denied, or suspended from enrollment if:
(1) the provider has not initiated background studies on the individuals specified in
section 174.30, subdivision 10, paragraph (a), clauses (1) to (3); or
(2) the provider has initiated background studies on the individuals specified in section
174.30, subdivision 10, paragraph (a), clauses (1) to (3), and:
(i) the commissioner has sent the provider a notice that the individual has been
disqualified under section 245C.14; and
(ii) the individual has not received a disqualification set-aside specific to the special
transportation services provider under sections 245C.22 and 245C.23.
(f) The administrative agency of nonemergency medical transportation must:
(1) adhere to the policies defined by the commissioner;
(2) pay nonemergency medical transportation providers for services provided to
Minnesota health care programs beneficiaries to obtain covered medical services;
(3) provide data monthly to the commissioner on appeals, complaints, no-shows, canceled
trips, and number of trips by mode; and
(4) by July 1, 2016, in accordance with subdivision 18e, utilize a web-based single
administrative structure assessment tool that meets the technical requirements established
by the commissioner, reconciles trip information with claims being submitted by providers,
and ensures prompt payment for nonemergency medical transportation services.new text begin This
paragraph expires July 1, 2026, for medical assistance fee-for-service and January 1, 2027,
for prepaid medical assistance.
new text end
new text begin
(g) Effective July 1, 2026, for medical fee-for-service and January 1, 2027, for prepaid
medical assistance, the administrative agency of nonemergency medical transportation must:
new text end
new text begin
(1) adhere to the policies defined by the commissioner;
new text end
new text begin
(2) pay nonemergency medical transportation providers for services provided to
Minnesota health care program beneficiaries to obtain covered medical services; and
new text end
new text begin
(3) provide data monthly to the commissioner on appeals, complaints, no-shows, canceled
trips, and number of trips by mode.
new text end
deleted text begin (g)deleted text end new text begin (h)new text end Until the commissioner implements the single administrative structure and delivery
system under subdivision 18e, clients shall obtain their level-of-service certificate from the
commissioner or an entity approved by the commissioner that does not dispatch rides for
clients using modes of transportation under paragraph deleted text begin (l)deleted text end new text begin (n)new text end , clauses (4), (5), (6), and (7).new text begin
This paragraph expires July 1, 2026, for medical assistance fee-for-service and January 1,
2027, for prepaid medical assistance.
new text end
deleted text begin (h)deleted text end new text begin (i)new text end The commissioner may use an order by the recipient's attending physician,
advanced practice registered nurse, physician assistant, or a medical or mental health
professional to certify that the recipient requires nonemergency medical transportation
services. Nonemergency medical transportation providers shall perform driver-assisted
services for eligible individuals, when appropriate. Driver-assisted service includes passenger
pickup at and return to the individual's residence or place of business, assistance with
admittance of the individual to the medical facility, and assistance in passenger securement
or in securing of wheelchairs, child seats, or stretchers in the vehicle.
deleted text begin (i)deleted text end new text begin (j)new text end Nonemergency medical transportation providers must take clients to the health
care provider using the most direct route, and must not exceed 30 miles for a trip to a primary
care provider or 60 miles for a trip to a specialty care provider, unless the client receives
authorization from the local agency.new text begin This paragraph expires July 1, 2026, for medical
assistance fee-for-service and January 1, 2027, for prepaid medical assistance.
new text end
new text begin
(k) Effective July 1, 2026, for medical assistance fee-for-service and January 1, 2027,
for prepaid medical assistance, nonemergency medical transportation providers must take
clients to the health care provider using the most direct route and must not exceed 30 miles
for a trip to a primary care provider or 60 miles for a trip to a specialty care provider, unless
the client receives authorization from the administrator.
new text end
deleted text begin (j)deleted text end new text begin (l)new text end Nonemergency medical transportation providers may not bill for separate base
rates for the continuation of a trip beyond the original destination. Nonemergency medical
transportation providers must maintain trip logs, which include pickup and drop-off times,
signed by the medical provider or client, whichever is deemed most appropriate, attesting
to mileage traveled to obtain covered medical services. Clients requesting client mileage
reimbursement must sign the trip log attesting mileage traveled to obtain covered medical
services.
deleted text begin (k)deleted text end new text begin (m)new text end The administrative agency shall use the level of service process established by
the commissioner to determine the client's most appropriate mode of transportation. If public
transit or a certified transportation provider is not available to provide the appropriate service
mode for the client, the client may receive a onetime service upgrade.
deleted text begin (l)deleted text end new text begin (n)new text end The covered modes of transportation are:
(1) client reimbursement, which includes client mileage reimbursement provided to
clients who have their own transportation, or to family or an acquaintance who provides
transportation to the client;
(2) volunteer transport, which includes transportation by volunteers using their own
vehicle;
(3) unassisted transport, which includes transportation provided to a client by a taxicab
or public transit. If a taxicab or public transit is not available, the client can receive
transportation from another nonemergency medical transportation provider;
(4) assisted transport, which includes transport provided to clients who require assistance
by a nonemergency medical transportation provider;
(5) lift-equipped/ramp transport, which includes transport provided to a client who is
dependent on a device and requires a nonemergency medical transportation provider with
a vehicle containing a lift or ramp;
(6) protected transport, which includes transport provided to a client who has received
a prescreening that has deemed other forms of transportation inappropriate and who requires
a provider: (i) with a protected vehicle that is not an ambulance or police car and has safety
locks, a video recorder, and a transparent thermoplastic partition between the passenger and
the vehicle driver; and (ii) who is certified as a protected transport provider; and
(7) stretcher transport, which includes transport for a client in a prone or supine position
and requires a nonemergency medical transportation provider with a vehicle that can transport
a client in a prone or supine position.
deleted text begin (m)deleted text end new text begin (o)new text end The local agency shall be the single administrative agency and shall administer
and reimburse for modes defined in paragraph deleted text begin (l)deleted text end new text begin (n)new text end according to paragraphs deleted text begin (p) and (q)deleted text end new text begin
(r) to (t)new text end when the commissioner has developed, made available, and funded the web-based
single administrative structure, assessment tool, and level of need assessment under
subdivision 18e. The local agency's financial obligation is limited to funds provided by the
state or federal government.new text begin This paragraph expires July 1, 2026, for medical assistance
fee-for-service and January 1, 2027, for prepaid medical assistance.
new text end
deleted text begin (n)deleted text end new text begin (p)new text end The commissioner shall:
(1) verify that the mode and use of nonemergency medical transportation is appropriate;
(2) verify that the client is going to an approved medical appointment; and
(3) investigate all complaints and appeals.
deleted text begin (o)deleted text end new text begin (q)new text end The administrative agency shall pay for the services provided in this subdivision
and seek reimbursement from the commissioner, if appropriate. As vendors of medical care,
local agencies are subject to the provisions in section 256B.041, the sanctions and monetary
recovery actions in section 256B.064, and Minnesota Rules, parts 9505.2160 to 9505.2245.new text begin
This paragraph expires July 1, 2026, for medical assistance fee-for-service and January 1,
2027, for prepaid medical assistance.
new text end
deleted text begin (p)deleted text end new text begin (r)new text end Payments for nonemergency medical transportation must be paid based on the
client's assessed mode under paragraph deleted text begin (k)deleted text end new text begin (m)new text end , not the type of vehicle used to provide the
service. The medical assistance reimbursement rates for nonemergency medical transportation
services that are payable by or on behalf of the commissioner for nonemergency medical
transportation services are:
(1) $0.22 per mile for client reimbursement;
(2) up to 100 percent of the Internal Revenue Service business deduction rate for volunteer
transport;
(3) equivalent to the standard fare for unassisted transport when provided by public
transit, and $12.10 for the base rate and $1.43 per mile when provided by a nonemergency
medical transportation provider;
(4) $14.30 for the base rate and $1.43 per mile for assisted transport;
(5) $19.80 for the base rate and $1.70 per mile for lift-equipped/ramp transport;
(6) $75 for the base rate and $2.40 per mile for protected transport; and
(7) $60 for the base rate and $2.40 per mile for stretcher transport, and $9 per trip for
an additional attendant if deemed medically necessary.new text begin This paragraph expires July 1, 2026,
for medical assistance fee-for-service and January 1, 2027, for prepaid medical assistance.
new text end
new text begin
(s) Effective July 1, 2026, for medical assistance fee-for-service and January 1, 2027,
for prepaid medical assistance, payments for nonemergency medical transportation must
be paid based on the client's assessed mode under paragraph (m), not the type of vehicle
used to provide the service.
new text end
deleted text begin (q)deleted text end new text begin (t)new text end The base rate for nonemergency medical transportation services in areas defined
under RUCA to be super rural is equal to 111.3 percent of the respective base rate in
paragraph deleted text begin (p)deleted text end new text begin (r)new text end , clauses (1) to (7). The mileage rate for nonemergency medical
transportation services in areas defined under RUCA to be rural or super rural areas is:
(1) for a trip equal to 17 miles or less, equal to 125 percent of the respective mileage
rate in paragraph deleted text begin (p)deleted text end new text begin (r)new text end , clauses (1) to (7); and
(2) for a trip between 18 and 50 miles, equal to 112.5 percent of the respective mileage
rate in paragraph deleted text begin (p)deleted text end new text begin (r)new text end , clauses (1) to (7).new text begin This paragraph expires July 1, 2026, for medical
assistance fee-for-service and January 1, 2027, for prepaid medical assistance.
new text end
deleted text begin (r)deleted text end new text begin (u)new text end For purposes of reimbursement rates for nonemergency medical transportation
services under paragraphs deleted text begin (p) and (q)deleted text end new text begin (r) to (t)new text end , the zip code of the recipient's place of
residence shall determine whether the urban, rural, or super rural reimbursement rate applies.new text begin
This paragraph expires July 1, 2026, for medical assistance fee-for-service and January 1,
2027, for prepaid medical assistance.
new text end
deleted text begin (s)deleted text end new text begin (v)new text end The commissioner, when determining reimbursement rates for nonemergency
medical transportation deleted text begin under paragraphs (p) and (q)deleted text end , shall exempt all modes of transportation
listed under paragraph deleted text begin (l)deleted text end new text begin (n)new text end from Minnesota Rules, part 9505.0445, item R, subitem (2).
deleted text begin (t)deleted text end new text begin (w)new text end Effective for the first day of each calendar quarter in which the price of gasoline
as posted publicly by the United States Energy Information Administration exceeds $3.00
per gallon, the commissioner shall adjust the rate paid per mile in paragraph deleted text begin (p)deleted text end new text begin (r)new text end by one
percent up or down for every increase or decrease of ten cents for the price of gasoline. The
increase or decrease must be calculated using a base gasoline price of $3.00. The percentage
increase or decrease must be calculated using the average of the most recently available
price of all grades of gasoline for Minnesota as posted publicly by the United States Energy
Information Administration.new text begin This paragraph expires July 1, 2026, for medical assistance
fee-for-service and January 1, 2027, for prepaid medical assistance.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2024, section 256B.0625, subdivision 17a, is amended to
read:
(a) Medical assistance covers ambulance
services. Providers shall bill ambulance services according to Medicare criteria.
Nonemergency ambulance services shall not be paid as emergencies. Effective for services
rendered on or after July 1, 2001, medical assistance payments for ambulance services shall
be paid at the Medicare reimbursement rate or at the medical assistance payment rate in
effect on July 1, 2000, whichever is greater.
(b) Effective for services provided on or after July 1, 2016, medical assistance payment
rates for ambulance services identified in this paragraph are increased by five percent.
Capitation payments made to managed care plans and county-based purchasing plans for
ambulance services provided on or after January 1, 2017, shall be increased to reflect this
rate increase. The increased rate described in this paragraph applies to ambulance service
providers whose base of operations as defined in section 144E.10 is located:
(1) outside the metropolitan counties listed in section 473.121, subdivision 4, and outside
the cities of Duluth, Mankato, Moorhead, St. Cloud, and Rochester; or
(2) within a municipality with a population of less than 1,000.
new text begin
(c) Effective for services provided statewide on or after January 1, 2026, medical
assistance payment rates for ambulance services are increased by 13.68 percent. Capitation
payments made to managed care plans and county-based purchasing plans for ambulance
services provided on or after January 1, 2026, must be increased to reflect this rate increase.
new text end
deleted text begin (c)deleted text end new text begin (d)new text end Effective for the first day of each calendar quarter in which the price of gasoline
as posted publicly by the United States Energy Information Administration exceeds $3.00
per gallon, the commissioner shall adjust the rate paid per mile in paragraph (a) by one
percent up or down for every increase or decrease of ten cents for the price of gasoline. The
increase or decrease must be calculated using a base gasoline price of $3.00. The percentage
increase or decrease must be calculated using the average of the most recently available
price of all grades of gasoline for Minnesota as posted publicly by the United States Energy
Information Administration.
deleted text begin (d)deleted text end new text begin (e)new text end Managed care plans and county-based purchasing plans must provide a fuel
adjustment for ambulance services rates when fuel exceeds $3 per gallon. If, for any contract
year, federal approval is not received for this paragraph, the commissioner must adjust the
capitation rates paid to managed care plans and county-based purchasing plans for that
contract year to reflect the removal of this provision. Contracts between managed care plans
and county-based purchasing plans and providers to whom this paragraph applies must
allow recovery of payments from those providers if capitation rates are adjusted in accordance
with this paragraph. Payment recoveries must not exceed the amount equal to any increase
in rates that results from this paragraph. This paragraph expires if federal approval is not
received for this paragraph at any time.
Minnesota Statutes 2024, section 256B.0625, is amended by adding a subdivision
to read:
new text begin
Effective July
1, 2026, for medical assistance fee-for-service and January 1, 2027, for prepaid medical
assistance, the commissioner must contract either statewide or regionally for the
administration of the nonemergency medical transportation program in compliance with
the provisions of this chapter. The contract must include the administration of the
nonemergency medical transportation benefit for those enrolled in managed care as described
in section 256B.69.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2024, section 256B.0625, subdivision 30, is amended to read:
(a) Medical assistance covers rural health clinic services,
federally qualified health center services, nonprofit community health clinic services, and
public health clinic services. Rural health clinic services and federally qualified health center
services mean services defined in United States Code, title 42, section 1396d(a)(2)(B) and
(C). Payment for rural health clinic and federally qualified health center services shall be
made according to applicable federal law and regulation.
(b) A federally qualified health center (FQHC) that is beginning initial operation shall
submit an estimate of budgeted costs and visits for the initial reporting period in the form
and detail required by the commissioner. An FQHC that is already in operation shall submit
an initial report using actual costs and visits for the initial reporting period. Within 90 days
of the end of its reporting period, an FQHC shall submit, in the form and detail required by
the commissioner, a report of its operations, including allowable costs actually incurred for
the period and the actual number of visits for services furnished during the period, and other
information required by the commissioner. FQHCs that file Medicare cost reports shall
provide the commissioner with a copy of the most recent Medicare cost report filed with
the Medicare program intermediary for the reporting year which support the costs claimed
on their cost report to the state.
(c) In order to continue cost-based payment under the medical assistance program
according to paragraphs (a) and (b), an FQHC or rural health clinic must apply for designation
as an essential community provider within six months of final adoption of rules by the
Department of Health according to section 62Q.19, subdivision 7. For those FQHCs and
rural health clinics that have applied for essential community provider status within the
six-month time prescribed, medical assistance payments will continue to be made according
to paragraphs (a) and (b) for the first three years after application. For FQHCs and rural
health clinics that either do not apply within the time specified above or who have had
essential community provider status for three years, medical assistance payments for health
services provided by these entities shall be according to the same rates and conditions
applicable to the same service provided by health care providers that are not FQHCs or rural
health clinics.
(d) Effective July 1, 1999, the provisions of paragraph (c) requiring an FQHC or a rural
health clinic to make application for an essential community provider designation in order
to have cost-based payments made according to paragraphs (a) and (b) no longer apply.
(e) Effective January 1, 2000, payments made according to paragraphs (a) and (b) shall
be limited to the cost phase-out schedule of the Balanced Budget Act of 1997.
(f) Effective January 1, 2001, through December 31, 2020, each FQHC and rural health
clinic may elect to be paid either under the prospective payment system established in United
States Code, title 42, section 1396a(aa), or under an alternative payment methodology
consistent with the requirements of United States Code, title 42, section 1396a(aa), and
approved by the Centers for Medicare and Medicaid Services. The alternative payment
methodology shall be 100 percent of cost as determined according to Medicare cost
principles.
(g) Effective for services provided on or after January 1, 2021, all claims for payment
of clinic services provided by FQHCs and rural health clinics shall be paid by the
commissioner, according to an annual election by the FQHC or rural health clinic, under
the current prospective payment system described in paragraph (f) or the alternative payment
methodology described in paragraph (l), or, upon federal approval, for FQHCs that are also
urban Indian organizations under Title V of the federal Indian Health Improvement Act, as
provided under paragraph (k).
(h) For purposes of this section, "nonprofit community clinic" is a clinic that:
(1) has nonprofit status as specified in chapter 317A;
(2) has tax exempt status as provided in Internal Revenue Code, section 501(c)(3);
(3) is established to provide health services to low-income population groups, uninsured,
high-risk and special needs populations, underserved and other special needs populations;
(4) employs professional staff at least one-half of which are familiar with the cultural
background of their clients;
(5) charges for services on a sliding fee scale designed to provide assistance to
low-income clients based on current poverty income guidelines and family size; and
(6) does not restrict access or services because of a client's financial limitations or public
assistance status and provides no-cost care as needed.
(i) Effective for services provided on or after January 1, 2015, all claims for payment
of clinic services provided by FQHCs and rural health clinics shall be paid by the
commissioner. the commissioner shall determine the most feasible method for paying claims
from the following options:
(1) FQHCs and rural health clinics submit claims directly to the commissioner for
payment, and the commissioner provides claims information for recipients enrolled in a
managed care or county-based purchasing plan to the plan, on a regular basis; or
(2) FQHCs and rural health clinics submit claims for recipients enrolled in a managed
care or county-based purchasing plan to the plan, and those claims are submitted by the
plan to the commissioner for payment to the clinic.
(j) For clinic services provided prior to January 1, 2015, the commissioner shall calculate
and pay monthly the proposed managed care supplemental payments to clinics, and clinics
shall conduct a timely review of the payment calculation data in order to finalize all
supplemental payments in accordance with federal law. Any issues arising from a clinic's
review must be reported to the commissioner by January 1, 2017. Upon final agreement
between the commissioner and a clinic on issues identified under this subdivision, and in
accordance with United States Code, title 42, section 1396a(bb), no supplemental payments
for managed care plan or county-based purchasing plan claims for services provided prior
to January 1, 2015, shall be made after June 30, 2017. If the commissioner and clinics are
unable to resolve issues under this subdivision, the parties shall submit the dispute to the
arbitration process under section 14.57.
(k) The commissioner shall establish an encounter payment rate that is equivalent to the
all inclusive rate (AIR) payment established by the Indian Health Service and published in
the Federal Register. The encounter rate must be updated annually and must reflect the
changes in the AIR established by the Indian Health Service each calendar year. FQHCs
that are also urban Indian organizations under Title V of the federal Indian Health
Improvement Act may elect to be paid: (1) at the encounter rate established under this
paragraph; (2) under the alternative payment methodology described in paragraph (l); or
(3) under the federally required prospective payment system described in paragraph (f).
FQHCs that elect to be paid at the encounter rate established under this paragraph must
continue to meet all state and federal requirements related to FQHCs and urban Indian
organizations, and must maintain their statuses as FQHCs and urban Indian organizations.
(l) All claims for payment of clinic services provided by FQHCs and rural health clinics,
that have elected to be paid under this paragraph, shall be paid by the commissioner according
to the following requirements:
(1) the commissioner shall establish a single medical and single dental organization
encounter rate for each FQHC and rural health clinic when applicable;
(2) each FQHC and rural health clinic is eligible for same day reimbursement of one
medical and one dental organization encounter rate if eligible medical and dental visits are
provided on the same day;
(3) the commissioner shall reimburse FQHCs and rural health clinics, in accordance
with current applicable Medicare cost principles, their allowable costs, including direct
patient care costs and patient-related support services. Nonallowable costs include, but are
not limited to:
(i) general social services and administrative costs;
(ii) retail pharmacy;
(iii) patient incentives, food, housing assistance, and utility assistance;
(iv) external lab and x-ray;
(v) navigation services;
(vi) health care taxes;
(vii) advertising, public relations, and marketing;
(viii) office entertainment costs, food, alcohol, and gifts;
(ix) contributions and donations;
(x) bad debts or losses on awards or contracts;
(xi) fines, penalties, damages, or other settlements;
(xii) fundraising, investment management, and associated administrative costs;
(xiii) research and associated administrative costs;
(xiv) nonpaid workers;
(xv) lobbying;
(xvi) scholarships and student aid; and
(xvii) nonmedical assistance covered services;
(4) the commissioner shall review the list of nonallowable costs in the years between
the rebasing process established in clause (5), in consultation with the Minnesota Association
of Community Health Centers, FQHCs, and rural health clinics. The commissioner shall
publish the list and any updates in the Minnesota health care programs provider manual;
(5) the initial applicable base year organization encounter rates for FQHCs and rural
health clinics shall be computed for services delivered on or after January 1, 2021, and:
(i) must be determined using each FQHC's and rural health clinic's Medicare cost reports
from 2017 and 2018;
(ii) must be according to current applicable Medicare cost principles as applicable to
FQHCs and rural health clinics without the application of productivity screens and upper
payment limits or the Medicare prospective payment system FQHC aggregate mean upper
payment limit;
(iii) must be subsequently rebased every two years thereafter using the Medicare cost
reports that are three and four years prior to the rebasing year. Years in which organizational
cost or claims volume is reduced or altered due to a pandemic, disease, or other public health
emergency shall not be used as part of a base year when the base year includes more than
one year. The commissioner may use the Medicare cost reports of a year unaffected by a
pandemic, disease, or other public health emergency, or previous two consecutive years,
inflated to the base year as established under item (iv);
(iv) must be inflated to the base year using the inflation factor described in clause (6);
and
(v) the commissioner must provide for a 60-day appeals process under section 14.57;
(6) the commissioner shall annually inflate the applicable organization encounter rates
for FQHCs and rural health clinics from the base year payment rate to the effective date by
using the CMS FQHC Market Basket inflator established under United States Code, title
42, section 1395m(o), less productivity;
(7) FQHCs and rural health clinics that have elected the alternative payment methodology
under this paragraph shall submit all necessary documentation required by the commissioner
to compute the rebased organization encounter rates no later than six months following the
date the applicable Medicare cost reports are due to the Centers for Medicare and Medicaid
Services;
(8) the commissioner shall reimburse FQHCs and rural health clinics an additional
amount relative to their medical and dental organization encounter rates that is attributable
to the tax required to be paid according to section 295.52, if applicable;
(9) FQHCs and rural health clinics may submit change of scope requests to the
commissioner if the change of scope would result in an increase or decrease of 2.5 percent
or higher in the medical or dental organization encounter rate currently received by the
FQHC or rural health clinic;
(10) for FQHCs and rural health clinics seeking a change in scope with the commissioner
under clause (9) that requires the approval of the scope change by the federal Health
Resources Services Administration:
(i) FQHCs and rural health clinics shall submit the change of scope request, including
the start date of services, to the commissioner within seven business days of submission of
the scope change to the federal Health Resources Services Administration;
(ii) the commissioner shall establish the effective date of the payment change as the
federal Health Resources Services Administration date of approval of the FQHC's or rural
health clinic's scope change request, or the effective start date of services, whichever is
later; and
(iii) within 45 days of one year after the effective date established in item (ii), the
commissioner shall conduct a retroactive review to determine if the actual costs established
under clause (3) or encounters result in an increase or decrease of 2.5 percent or higher in
the medical or dental organization encounter rate, and if this is the case, the commissioner
shall revise the rate accordingly and shall adjust payments retrospectively to the effective
date established in item (ii);
(11) for change of scope requests that do not require federal Health Resources Services
Administration approval, the FQHC and rural health clinic shall submit the request to the
commissioner before implementing the change, and the effective date of the change is the
date the commissioner received the FQHC's or rural health clinic's request, or the effective
start date of the service, whichever is later. The commissioner shall provide a response to
the FQHC's or rural health clinic's request within 45 days of submission and provide a final
approval within 120 days of submission. This timeline may be waived at the mutual
agreement of the commissioner and the FQHC or rural health clinic if more information is
needed to evaluate the request;
(12) the commissioner, when establishing organization encounter rates for new FQHCs
and rural health clinics, shall consider the patient caseload of existing FQHCs and rural
health clinics in a 60-mile radius for organizations established outside of the seven-county
metropolitan area, and in a 30-mile radius for organizations in the seven-county metropolitan
area. If this information is not available, the commissioner may use Medicare cost reports
or audited financial statements to establish base rates;
new text begin
(13) the commissioner, when establishing organization encounter rates under this section
for FQHCs and rural health clinics resulting from a merger of existing clinics or the
acquisition of an existing clinic by another existing clinic, must use the combined costs and
caseloads from the clinics participating in the merger or acquisition to set the encounter rate
for the new clinic organization resulting from the merger or acquisition. The scope of services
for the newly formed clinic must be inclusive of the scope of services of the clinics
participating in the merger or acquisition;
new text end
deleted text begin (13)deleted text end new text begin (14)new text end the commissioner shall establish a quality measures workgroup that includes
representatives from the Minnesota Association of Community Health Centers, FQHCs,
and rural health clinics, to evaluate clinical and nonclinical measures; and
deleted text begin (14)deleted text end new text begin (15)new text end the commissioner shall not disallow or reduce costs that are related to an
FQHC's or rural health clinic's participation in health care educational programs to the extent
that the costs are not accounted for in the alternative payment methodology encounter rate
established in this paragraph.
(m) Effective July 1, 2023, an enrolled Indian health service facility or a Tribal health
center operating under a 638 contract or compact may elect to also enroll as a Tribal FQHC.
Requirements that otherwise apply to an FQHC covered in this subdivision do not apply to
a Tribal FQHC enrolled under this paragraph, except that any requirements necessary to
comply with federal regulations do apply to a Tribal FQHC. The commissioner shall establish
an alternative payment method for a Tribal FQHC enrolled under this paragraph that uses
the same method and rates applicable to a Tribal facility or health center that does not enroll
as a Tribal FQHC.
new text begin
(n) FQHC reimbursement for mental health targeted case management services is limited
to:
new text end
new text begin
(1) only those services described under subdivision 20 and provided in accordance with
contracts executed with counties authorized to subcontract for mental health targeted case
management services; and
new text end
new text begin
(2) an FQHC's actual incurred costs as separately reported on the cost report submitted
to the Centers for Medicare and Medicaid Services and further identified in reports submitted
to the commissioner.
new text end
new text begin
(o) Counties contracting with FQHCs for mental health targeted case management remain
responsible for the nonfederal share of the cost of the provided mental health targeted case
management services. The commissioner must bill each county for the nonfederal share of
the mental health targeted case management costs as reported by the FQHC.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2024, section 256B.1973, subdivision 5, is amended to read:
(a) For
each federally approved directed payment arrangement that is a state-directed fee schedule
requirement, the commissioner shall determine a uniform adjustment factor to be applied
to each claim submitted by an eligible provider to a health plan. The uniform adjustment
factor shall be determined using the average commercial payer rate or using another method
acceptable to the Centers for Medicare and Medicaid Services if the average commercial
payer rate is not approved, minus the amount necessary for the plan to satisfy tax liabilities
under sections 256.9657 and 297I.05 attributable to the directed payment arrangement. The
commissioner shall ensure that the application of the uniform adjustment factor maximizes
the allowable directed payments and does not result in payments exceeding federal limits,
and may use an annual settle-up process. The directed payment deleted text begin shalldeleted text end new text begin maynew text end be specific to
each health plan and prospectively incorporated into capitation payments for that plan.
(b) For each federally approved directed payment arrangement that is a state-directed
fee schedule requirement, the commissioner shall develop a plan for the initial
implementation of the state-directed fee schedule requirement to ensure that the eligible
provider receives the entire permissible value of the federally approved directed payment
arrangement. If federal approval of a directed payment arrangement under this subdivision
is retroactive, the commissioner shall make a onetime pro rata increase to the uniform
adjustment factor and the initial payments in order to include claims submitted between the
retroactive federal approval date and the period captured by the initial payments.
Minnesota Statutes 2024, section 256B.1973, is amended by adding a subdivision
to read:
new text begin
An eligible provider under
subdivision 3 may participate in the hospital directed payment program under section
256B.1974 for inpatient hospital services, outpatient hospital services, or both. A provider
participating in the hospital directed payment program must not receive a directed payment
under this section for any provider classes paid via the hospital directed payment program.
A hospital subject to this section must notify the commissioner in writing no later than 30
days after enactment of this subdivision of its intention to participate in the hospital directed
payment program under section 256B.1974 for inpatient hospital services, outpatient hospital
services, or both. The election under this subdivision is a onetime election, except that if
an eligible provider elects to participate in the hospital directed payment program, and the
hospital directed payment program expires, then the eligible provider may thereafter elect
to participate in the directed payment under this section.
new text end
new text begin
(a) This section is effective on the later of January 1, 2026, or
federal approval of all of the following:
new text end
new text begin
(1) the waiver for the assessment required under Minnesota Statutes, section 256.9657,
subdivision 2b; and
new text end
new text begin
(2) the amendments in this act to Minnesota Statutes, section 256B.1974.
new text end
new text begin
(b) The commissioner of human services shall notify the revisor of statutes when federal
approval for all amendments set forth in paragraph (a) is obtained.
new text end
new text begin
(a) For the purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Health plan" means a managed care plan or county-based purchasing plan that is
under contract with the commissioner to deliver services to medical assistance enrollees
under section 256B.69.
new text end
new text begin
(c) "Eligible hospital" has the meaning given in section 256.9657, subdivision 2b,
paragraph (a), clause (1).
new text end
new text begin
The hospital directed payment program is
contingent on the satisfaction of all requirements necessary for the collection of an assessment
under section 256.9657, and must conform with the requirements for permissible directed
managed care organization expenditures under section 256B.6928, subdivision 5.
new text end
new text begin
(a) For
each federally approved directed payment program that is a state-directed fee schedule
requirement that includes a quarterly payment amount to be submitted by each health plan
to each eligible hospital, the commissioner must determine the quarterly payment amount
using the statewide average commercial payer rate, or using another method acceptable to
the Centers for Medicare and Medicaid Services if the statewide average commercial payer
rate is not approved. The commissioner must ensure that the application of the quarterly
payment amounts maximizes the amount generated by the hospital assessment in section
256.9657, subdivision 2b, for allowable directed payments and does not result in payments
exceeding federal limits.
new text end
new text begin
(b) The commissioner must use an annual settle-up process that occurs within the time
period allowed for medical assistance managed care claims adjustments.
new text end
new text begin
(c) On and after January 1, 2028, if the federal regulations set forth in Code of Federal
Regulations, title 42, parts 430, 438, and 457, remain effective, the hospital directed payment
program may be specific to each health plan and prospectively incorporated into capitation
payments for that plan.
new text end
new text begin
(d) For each federally approved directed payment program that is a state-directed fee
schedule requirement, the commissioner must develop a plan for the initial implementation
of the state-directed fee schedule requirement to ensure that eligible hospitals receive the
entire permissible value of the federally approved directed payment.
new text end
new text begin
(e) Directed payments under this section must only be used to supplement, and not
supplant, medical assistance reimbursement to eligible hospitals. The directed payment
program must not modify, reduce, or offset the medical assistance payment rates determined
for each eligible hospital as required by section 256.969.
new text end
new text begin
(f) The commissioner must require health plans to make quarterly directed payments
according to this section.
new text end
new text begin
(g) Health plans must make quarterly directed payments using electronic funds transfers,
if the eligible hospital provides the information necessary to process such transfers, and in
accordance with directions provided by the commissioner. Health plans must make quarterly
directed payments:
new text end
new text begin
(1) for the first two quarters for which such payments are due, within 30 calendar days
of the date the commissioner issued sufficient payments to the health plan to make the
directed payments according to this section; and
new text end
new text begin
(2) for all subsequent quarters, within ten calendar days of the date the commissioner
issued sufficient payments to the health plan to make the directed payments according to
this section.
new text end
new text begin
(h) The commissioner of human services must publish on the Department of Human
Services website, on a quarterly basis, the dates that the health plans completed their required
quarterly payments under this section.
new text end
new text begin
(i) Payments to health plans that would be paid consistent with actuarial certification
and enrollment in the absence of the increased capitation payments under this section must
not be reduced as a result of this section.
new text end
new text begin
(j) The commissioner must publish all directed payments resulting from this section
owed to each eligible hospital from each health plan on the Department of Human Services
website for at least two years. All calculations and reports must be posted no later than the
first day of the quarter for which the payments are to be issued.
new text end
new text begin
(k) By December 1 each year, the commissioner must notify each eligible hospital of
any changes to the payment methodologies in this section, including but not limited to
changes in the directed payment rates, the aggregate directed payment amount for all eligible
hospitals, and the eligible hospital's directed payment amount for the upcoming calendar
year.
new text end
new text begin
(l) The commissioner must distribute payments required under this section for each
eligible hospital within 30 days of a quarterly assessment under section 256.9657, subdivision
2b, being received. The commissioner must pay the directed payments to health plans under
contract no later than January 1, April 1, July 1, and October 1 each year.
new text end
new text begin
(m) A hospital is not entitled to payments under this section until it is an eligible hospital.
An eligible hospital that has merged with another hospital must have its payments under
this section revised at the start of the first full fiscal year after the merger is complete. A
closed eligible hospital is entitled to the payments under this section for services provided
through the final date of operations.
new text end
new text begin
Each health plan must submit to
the commissioner, in accordance with its contract with the commissioner to serve as a
managed care organization in medical assistance, payment information for each claim paid
to an eligible hospital for services provided to a medical assistance enrollee. Health plans
must allow each eligible hospital to review the health plan's own paid claims detail to enable
proper validation that the medical assistance managed care claims volume and content is
consistent with the eligible hospital's internal records. To support the validation process for
the directed payment program, health plans must permit the commissioner to share inpatient
and outpatient claims-level details with eligible hospitals identifying only those claims
where the prepaid medical assistance program under section 256B.69 is the payer source.
Eligible hospitals must provide notice of discrepancies in claims paid to the commissioner
in a form determined by the commissioner. The commissioner is authorized to determine
the final disposition of the validation process for disputed claims.
new text end
new text begin
(a) Each health plan must
make, in accordance with its contract with the commissioner to serve as a managed care
organization in medical assistance, a directed payment to each eligible hospital. The amount
of the directed payment to the eligible hospital must be equal to the payment amounts the
plan received from the commissioner for the hospital.
new text end
new text begin
(b) Health plans are prohibited from:
new text end
new text begin
(1) setting, establishing, or negotiating reimbursement rates with an eligible hospital in
a manner that directly or indirectly takes into account a directed payment that a hospital
receives under this section;
new text end
new text begin
(2) unnecessarily delaying a directed payment to an eligible hospital; or
new text end
new text begin
(3) recouping or offsetting a directed payment for any reason, except as expressly
authorized by the commissioner.
new text end
new text begin
(a) An
eligible hospital receiving a directed payment under this section is prohibited from:
new text end
new text begin
(1) setting, establishing, or negotiating reimbursement rates with a managed care
organization in a manner that directly or indirectly takes into account a directed payment
that an eligible hospital receives under this section; or
new text end
new text begin
(2) directly passing on the cost of an assessment to patients or nonmedical assistance
payers, including as a fee or rate increase.
new text end
new text begin
(b) An eligible hospital that violates this subdivision is prohibited from receiving a
directed payment under this section for the remainder of the calendar year. This subdivision
does not prohibit an eligible hospital from negotiating with a payer for a rate increase.
new text end
new text begin
(c) Any eligible hospital receiving a directed payment under this section must meet the
commissioner's standards for directed payments as described in subdivision 7.
new text end
new text begin
(a) The effect of the directed
payments under this section must align with the state's policy goals for medical assistance
enrollees. The directed payments must be used to maintain quality and access to a full range
of health care delivery mechanisms for medical assistance enrollees, and specifically provide
improvement for one of the following quality measures:
new text end
new text begin
(1) overall well child visit rates;
new text end
new text begin
(2) maternal depression screening rates; or
new text end
new text begin
(3) colon cancer screening rates.
new text end
new text begin
(b) The commissioner, in consultation with the Minnesota Hospital Association, must
submit to the Centers for Medicare and Medicaid Services a quality measures performance
evaluation criteria and methodology to regularly measure access to care and the achievement
of state policy goals described in this subdivision.
new text end
new text begin
(c) The quality measures evaluation data, as determined by paragraph (b), must be
reported to the Centers for Medicare and Medicaid Services after at least 12 months of
directed payments to hospitals.
new text end
new text begin
Before making the payments required under this
section, and on at least an annual basis, the commissioner must consult with and provide
for review of the payment amounts by a permanent select committee established by the
Minnesota Hospital Association. Any data or information reviewed by members of the
committee are data not on individuals, as defined in section 13.02. The committee's members
may not include any current employee or paid consultant of any hospital.
new text end
new text begin
(a) This section is effective the later of January 1, 2026, or federal
approval of all of the following:
new text end
new text begin
(1) the amendments in this act adding Minnesota Statutes, section 256.9657, subdivision
2b; and
new text end
new text begin
(2) the amendments in this act to this section.
new text end
new text begin
(b) The commissioner of human services shall notify the revisor of statutes when federal
approval for all amendments set forth in paragraph (a) is obtained.
new text end
new text begin
(a) The hospital directed payment
program account is created in the special revenue fund in the state treasury.
new text end
new text begin
(b) Money in the account, including interest earned, is annually appropriated to the
commissioner for the purposes specified in section 256B.1974.
new text end
new text begin
(c) Transfers from this account to another fund are prohibited, except as necessary to
make the payments required under section 256B.1974.
new text end
new text begin
By January 15, 2027, and each January 15 thereafter,
the commissioner must submit a report to the chairs and ranking minority members of the
legislative committees with jurisdiction over health and human services policy and finance
that details the activities and uses of money in the hospital directed payment program
account, including the metrics and outcomes of the policy goals established by section
256B.1974, subdivision 7.
new text end
new text begin
This section is effective on the later of January 1, 2026, or federal
approval of the amendments in this act adding Minnesota Statutes, section 256.9657,
subdivision 2b. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Minnesota Statutes 2024, section 256B.69, subdivision 3a, is amended to read:
(a) The commissioner, when implementing the medical
assistance prepayment program within a county, must include the county board in the process
of development, approval, and issuance of the request for proposals to provide services to
eligible individuals within the proposed county. County boards must be given reasonable
opportunity to make recommendations regarding the development, issuance, review of
responses, and changes needed in the request for proposals. The commissioner must provide
county boards the opportunity to review each proposal based on the identification of
community needs under chapters 142F and 145A and county advocacy activities. If a county
board finds that a proposal does not address certain community needs, the county board and
commissioner shall continue efforts for improving the proposal and network prior to the
approval of the contract. The county board shall make recommendations regarding the
approval of local networks and their operations to ensure adequate availability and access
to covered services. The provider or health plan must respond directly to county advocates
and the state prepaid medical assistance ombudsperson regarding service delivery and must
be accountable to the state regarding contracts with medical assistance funds. The county
board may recommend a maximum number of participating health plans after considering
the size of the enrolling population; ensuring adequate access and capacity; considering the
client and county administrative complexity; and considering the need to promote the
viability of locally developed health plans. The county board or a single entity representing
a group of county boards and the commissioner shall mutually select health plans for
participation at the time of initial implementation of the prepaid medical assistance program
in that county or group of counties and at the time of contract renewal. The commissioner
shall also seek input for contract requirements from the county or single entity representing
a group of county boards at each contract renewal and incorporate those recommendations
into the contract negotiation process.
(b) At the option of the county board, the board may develop contract requirements
related to the achievement of local public health goals to meet the health needs of medical
assistance enrollees. These requirements must be reasonably related to the performance of
health plan functions and within the scope of the medical assistance benefit set. If the county
board and the commissioner mutually agree to such requirements, the department shall
include such requirements in all health plan contracts governing the prepaid medical
assistance program in that county at initial implementation of the program in that county
and at the time of contract renewal. The county board may participate in the enforcement
of the contract provisions related to local public health goals.
(c) For counties in which a prepaid medical assistance program has not been established,
the commissioner shall not implement that program if a county board submits an acceptable
and timely preliminary and final proposal under section 256B.692, until county-based
purchasing is no longer operational in that county. For counties in which a prepaid medical
assistance program is in existence on or after September 1, 1997, the commissioner must
terminate contracts with health plans according to section 256B.692, subdivision 5, if the
county board submits and the commissioner accepts a preliminary and final proposal
according to that subdivision. The commissioner is not required to terminate contracts that
begin on or after September 1, 1997, according to section 256B.692 until two years have
elapsed from the date of initial enrollment.new text begin This paragraph expires upon the effective date
of paragraph (d).
new text end
new text begin
(d) For counties in which a prepaid medical assistance program is in existence on or
after September 1, 1997, the commissioner must terminate contracts with health plans
according to section 256B.692, subdivision 5, if the county board submits and the
commissioner accepts a preliminary and final proposal according to that subdivision. This
paragraph is effective January 1, 2027, or upon federal approval, whichever is later. The
commissioner of human services shall notify the revisor of statutes when federal approval
is obtained.
new text end
deleted text begin (d)deleted text end new text begin (e)new text end In the event that a county board or a single entity representing a group of county
boards and the commissioner cannot reach agreement regarding: (i) the selection of
participating health plans in that county; (ii) contract requirements; or (iii) implementation
and enforcement of county requirements including provisions regarding local public health
goals, the commissioner shall resolve all disputes after taking into account the
recommendations of a three-person mediation panel. The panel shall be composed of one
designee of the president of the association of Minnesota counties, one designee of the
commissioner of human services, and one person selected jointly by the designee of the
commissioner of human services and the designee of the Association of Minnesota Counties.
Within a reasonable period of time before the hearing, the panelists must be provided all
documents and information relevant to the mediation. The parties to the mediation must be
given 30 days' notice of a hearing before the mediation panel.
deleted text begin (e)deleted text end new text begin (f)new text end If a county which elects to implement county-based purchasing ceases to implement
county-based purchasing, it is prohibited from assuming the responsibility of county-based
purchasing for a period of five years from the date it discontinues purchasing.
deleted text begin (f)deleted text end new text begin (g)new text end The commissioner shall not require that contractual disputes between county-based
purchasing entities and the commissioner be mediated by a panel that includes a
representative of the Minnesota Council of Health Plans.
deleted text begin (g)deleted text end new text begin (h)new text end At the request of a county-purchasing entity, the commissioner shall adopt a
contract reprocurement or renewal schedule under which all counties included in the entity's
service area are reprocured or renewed at the same time.
deleted text begin (h)deleted text end new text begin (i)new text end The commissioner shall provide a written report under section 3.195 to the chairs
of the legislative committees having jurisdiction over human services in the senate and the
house of representatives describing in detail the activities undertaken by the commissioner
to ensure full compliance with this section. The report must also provide an explanation for
any decisions of the commissioner not to accept the recommendations of a county or group
of counties required to be consulted under this section. The report must be provided at least
30 days prior to the effective date of a new or renewed prepaid or managed care contract
in a county.
new text begin
This section is effective the day following final enactment.
new text end
new text begin
(a) For the purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "CARMA" means the county-administered rural medical assistance program
established under this section.
new text end
new text begin
(c) "Commissioner" means the commissioner of human services.
new text end
new text begin
(d) "Eligible individual" means an individual who is:
new text end
new text begin
(1) residing in a county administering CARMA; and
new text end
new text begin
(2) eligible for medical assistance, MinnesotaCare, Minnesota Senior Health Options
(MSHO), Minnesota Senior Care Plus (MSC+), or Special Needs Basic Care (SNBC).
new text end
new text begin
(e) "Enrollee" means an individual enrolled in CARMA.
new text end
new text begin
(f) "PMAP" means the prepaid medical assistance program under section 256B.69.
new text end
new text begin
(g) "Rural county" has the meaning given to "rural area" in Code of Federal Regulations,
title 42, section 438.52.
new text end
new text begin
CARMA is established to:
new text end
new text begin
(1) provide a county-owned and county-administered alternative to PMAP;
new text end
new text begin
(2) facilitate integration of health care, public health, and social services to address
health-related social needs in rural communities;
new text end
new text begin
(3) account for the fewer enrollees and local providers of health care and community
services in rural communities; and
new text end
new text begin
(4) promote accountability for health outcomes, health equity, customer service,
community outreach, and cost of care.
new text end
new text begin
Each county or group of counties authorized under
section 256B.692 may administer CARMA for any or all eligible individuals as an alternative
to PMAP, MinnesotaCare, MSHO, MSC+, or SNBC programs. Counties choosing and
authorized to administer CARMA are exempt from the procurement process as required
under section 256B.69.
new text end
new text begin
CARMA is governed by sections 256B.69 and
256B.692, unless otherwise provided for under this section. The commissioner must develop
and implement a procurement process requiring applications from county-based purchasing
plans interested in offering CARMA. The procurement process must require county-based
purchasing plans to demonstrate compliance with federal and state regulatory requirements
and the ability to meet the goals of the program set forth in subdivision 2. The commissioner
must review and approve or disapprove applications.
new text end
new text begin
(a) Subject to paragraphs (d) and (e), eligible individuals
must be automatically enrolled in CARMA, but may decline enrollment. Eligible individuals
may enroll in fee-for-service medical assistance. Eligible individuals may change their
CARMA elections on an annual basis.
new text end
new text begin
(b) Eligible individuals must be able to enroll in CARMA through the selection process
in accordance with the election period established in section 256B.69, subdivision 4,
paragraph (e).
new text end
new text begin
(c) Enrollees who were not previously enrolled in the medical assistance program or
MinnesotaCare can change their selection once within the first year after enrollment in
CARMA. Enrollees who were not previously enrolled in CARMA have 90 days to make a
change and changes are allowed for additional special circumstances.
new text end
new text begin
(d) The commissioner may offer a second health plan other than, and in addition to,
CARMA to eligible individuals when another health plan is required by federal law or rule.
The commissioner may offer a replacement plan to eligible individuals, as determined by
the commissioner, when counties administering CARMA have their contract terminated
for cause.
new text end
new text begin
(e) The commissioner may, on a county-by-county basis, offer a health plan other than,
and in addition to, CARMA to individuals who are eligible for both Medicare and medical
assistance due to age or disability if the commissioner deems it necessary for enrollees to
have another choice of health plan. Factors the commissioner must consider when
determining if the other health plan is necessary include the number of available Medicare
Advantage Plan options that are not special needs plans in the county, the size of the enrolling
population, the additional administrative burden placed on providers and counties by multiple
health plan options in a county, the need to ensure the viability and success of the CARMA
program, and the impact to the medical assistance program.
new text end
new text begin
(f) In counties where the commissioner is required by federal law or elects to offer a
second health plan other than CARMA pursuant to paragraphs (d) and (e), eligible enrollees
who do not select a health plan at the time of enrollment must automatically be enrolled in
CARMA.
new text end
new text begin
(g) This subdivision supersedes section 256B.694.
new text end
new text begin
(a) Counties or groups of counties administering CARMA
must cover all benefits and services required to be covered by medical assistance under
section 256B.0625.
new text end
new text begin
(b) Counties or groups of counties administering CARMA may include health-related
social needs (HRSN) benefits as covered services under medical assistance as of January
1, 2030. Coverage for HRSN must be based on the assessed needs of housing, food,
transportation, utilities, and interpersonal safety.
new text end
new text begin
(c) Counties or groups of counties administering CARMA may reimburse enrollees
directly for out-of-pocket costs incurred obtaining assessed HRSN services provided by
nontraditional providers who are unable to accept payment via traditional health insurance
methods. Enrollees must not be reimbursed for out-of-pocket costs paid to providers eligible
to enroll.
new text end
new text begin
(a) The commissioner, in consultation with counties and groups of
counties administering CARMA, must develop a mechanism for making payments to
counties and groups of counties that administer CARMA. The payment mechanism must:
new text end
new text begin
(1) be governed by contracts with terms, including but not limited to payment rates,
amended on an as-needed basis;
new text end
new text begin
(2) pay a full-risk monthly capitation payment for services included in CARMA, including
the cost for administering CARMA benefits and services;
new text end
new text begin
(3) include risk corridors based on minimum loss ratio, total cost of care, or other metrics;
new text end
new text begin
(4) include a settle-up process tied to the risk corridor arrangement allowing a county
or group of counties administering CARMA to retain savings for reinvestment in health
care activities and operations to protect against significant losses that a county or group of
counties administering CARMA or the state might realize, beginning no sooner than after
a county's or group of counties' third year of CARMA operations;
new text end
new text begin
(5) include a collaborative rate-setting process accounting for CARMA experience,
regional experience, and the Department of Human Services fee-for-service experience;
and
new text end
new text begin
(6) be exempt from section 256B.69, subdivisions 5a, paragraphs (c) and (f), and 5d,
and payment for Medicaid services provided under section 256B.69, subdivision 28,
paragraph (b), no sooner than three years after CARMA implementation.
new text end
new text begin
(b) Payments for benefits and services under subdivision 6, paragraph (a), must not
exceed payments that otherwise would have been paid to health plans under medical
assistance for that county or region. Payments for HRSN benefits under subdivision 6,
paragraph (b), must be in addition to payments for benefits and services under subdivision
6, paragraph (a).
new text end
new text begin
(a) The commissioner and counties and groups of counties
administering CARMA must collaborate to establish quality measures for CARMA not to
exceed the extent of quality measures required under sections 256B.69 and 256B.692. The
measures must include:
new text end
new text begin
(1) enrollee experience and outcomes;
new text end
new text begin
(2) population health;
new text end
new text begin
(3) health equity; and
new text end
new text begin
(4) the value of health care spending.
new text end
new text begin
(b) The commissioner and counties and groups of counties administering CARMA must
collaborate to define a quality improvement model for CARMA. The model must include
a focus on locally specified measures based on counties' unique needs. The locally specified
measures for the county or group of counties administering CARMA must be determined
before the commissioner enters into any contract with a county or group of counties.
new text end
new text begin
The commissioner and counties and groups of
counties administering CARMA must collaborate to:
new text end
new text begin
(1) identify and address barriers that prevent counties and groups of counties
administering CARMA from reviewing individual enrollee eligibility information to identify
eligibility and to help enrollees apply for other appropriate programs and resources;
new text end
new text begin
(2) identify and address barriers preventing counties and groups of counties administering
CARMA from more readily communicating with and educating potential and current
enrollees regarding other program opportunities, including helping enrollees apply for those
programs and navigate transitions between programs;
new text end
new text begin
(3) develop and test, in counties participating in CARMA, a universal public assistance
application form to reduce the administrative barriers associated with applying for and
participating in various public programs;
new text end
new text begin
(4) identify and address regulatory and system barriers that may prohibit counties and
groups of counties administering CARMA, agencies, and other partners from working
together to identify and address an individual's needs;
new text end
new text begin
(5) facilitate greater interoperability between counties and groups of counties
administering CARMA, agencies, and other partners to send and receive the data necessary
to support CARMA, counties, and local health system efforts to improve the health and
welfare of prospective and enrolled populations;
new text end
new text begin
(6) support efforts of counties and groups of counties administering CARMA to
incorporate the necessary automation and interoperability to eliminate manual processes
when related to the data exchanged; and
new text end
new text begin
(7) support the creation and maintenance by counties and groups of counties administering
CARMA of an updated electronic inventory of community resources available to assist the
enrollee in the enrollee's HRSN, including an electronic closed-loop referral system.
new text end
new text begin
This section is effective January 1, 2027, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
new text begin
(a) The commissioner of human services must immediately begin all necessary claims
analysis to calculate the assessment and payments required under Minnesota Statutes, section
256.9657, subdivision 2b, and the hospital directed payment program described in Minnesota
Statutes, section 256B.1974.
new text end
new text begin
(b) The commissioner of human services, in consultation with the Minnesota Hospital
Association, must submit to the Centers for Medicare and Medicaid Services a request for
federal approval to implement the hospital assessment described in Minnesota Statutes,
section 256.9657, subdivision 2b, and the hospital directed payment program under
Minnesota Statutes, section 256B.1974. At least 15 days before submitting the request for
approval, the commissioner must make available to the public the draft assessment
requirements, the draft directed payment details, and an estimate of each assessment amount
for each eligible hospital without an exemption from the assessment pursuant to Minnesota
Statutes, section 256.9657, subdivision 2b, paragraph (k).
new text end
new text begin
(c) During the design and prior to submission of the request for approval under paragraph
(b), the commissioner of human services must consult with the Minnesota Hospital
Association and any eligible hospitals without an exemption from the assessment pursuant
to Minnesota Statutes, section 256.9657, subdivision 2b, paragraph (k), and that are not
members of the Minnesota Hospital Association.
new text end
new text begin
(d) If federal approval is received for the request under paragraph (b), the commissioner
of human services must provide at least 15 days of public posting and review of the federally
approved terms and conditions for the assessment and the directed payment program prior
to any assessment under Minnesota Statutes, section 256.9657, subdivision 2b, becoming
due from an eligible hospital.
new text end
new text begin
This section is effective the day following final enactment.
new text end
new text begin
The commissioner of human services must seek all federal waivers and authority
necessary to implement the county-assisted rural medical assistance (CARMA) program
under Minnesota Statutes, section 256B.695. Any part of the CARMA program that does
not require federal approval shall have an effective date as specified in state law. The
commissioner of human services shall notify the revisor of statutes when federal approval
is obtained.
new text end
new text begin
This section is effective the day following final enactment.
new text end
new text begin
Up to $500,000 of the nonfederal share of the costs to the Department of Human Services
for implementation of the requirements under the county-assisted rural medical assistance
(CARMA) program under Minnesota Statutes, section 256B.695, must be paid via an
intergovernmental funds transfer to the commissioner of human services by each county or
group of counties authorized under Minnesota Statutes, section 256B.692, seeking to
administer a CARMA program. The costs must be paid in a manner that is in compliance
with the requirements of Code of Federal Regulations, title 42, section 433.51. Within one
year of receiving payment under this section, the commissioner must provide a settle-up
process for any county or group of counties authorized under Minnesota Statutes, section
256B.692, administering a CARMA program and making payment under this section to
document and adjust payments owed to account for the commissioner's actual implementation
costs for Minnesota Statutes, section 256B.695.
new text end
new text begin
By October 1, 2025, the commissioner of human services,
in consultation with Tribes, Tribal organizations, and urban Indian organizations, shall apply
to the Centers for Medicare and Medicaid Services for a waiver to allow the state's medical
assistance program to provide coverage for traditional health care practices received through
Indian health service facilities, facilities operated by Tribes or Tribal organizations under
the Indian Self-Determination and Education Assistance Act, or facilities operated by urban
Indian organizations under Title V of the Indian Health Care Improvement Act.
new text end
new text begin
(a) A qualified provider must determine whether a medical
assistance enrollee is eligible to receive traditional health care practices under this section.
new text end
new text begin
(b) Traditional health care practices are covered under this section if they are received
from a qualified provider.
new text end
new text begin
(c) For purposes of this section, "qualified provider" means a practitioner or provider
who is employed by or under contract with the Indian Health Service, a 638 Tribal clinic,
or a Title V urban Indian organization. Each facility is responsible for ensuring that a
qualified provider has the necessary experience and appropriate training to provide traditional
health care practices.
new text end
new text begin
Reimbursement for traditional
health care practices under this section is set at the outpatient, per-visit rate established by
the Indian Health Service under sections 321(a) and 322(b) of the Public Health Service
Act. Reimbursement is limited to one payment per day, per medical assistance enrollee
receiving traditional health care practices.
new text end
new text begin
This section is effective January 1, 2026, or upon federal approval,
whichever is later, except that subdivision 1 is effective the day following final enactment.
The commissioner of human services must notify the revisor of statutes when federal
approval is obtained.
new text end
new text begin
The commissioner of human services must make the systems modification necessary to
claim enhanced federal reimbursement for all family planning services under the medical
assistance program.
new text end
new text begin
(a) The commissioner of human services must establish
a working group as part of the Dental Services Advisory Committee to identify and make
recommendations on the state's goals, priorities, and processes for contracting with a dental
administrator under Minnesota Statutes, section 256B.0371.
new text end
new text begin
(b) The working group must include members of the Dental Services Advisory
Committee, and at least one representative from each of the following:
new text end
new text begin
(1) critical access dental providers;
new text end
new text begin
(2) dental providers that primarily serve low-income and socioeconomically complex
populations;
new text end
new text begin
(3) dental providers that serve private-pay patients as well as medical assistance and
MinnesotaCare enrollees;
new text end
new text begin
(4) rural critical access dental providers that do not have clinics in the seven-county
metropolitan area as defined in Minnesota Statutes, section 473.121, subdivision 2; and
new text end
new text begin
(5) managed care plans.
new text end
new text begin
(a) The working group must provide recommendations to
the commissioner on:
new text end
new text begin
(1) establishing and implementing a dental payment rate structure for medical assistance
and MinnesotaCare that:
new text end
new text begin
(i) is based on the most recent cost data available;
new text end
new text begin
(ii) promotes accountability while considering geographic differences in access to and
cost of dental services, critical access dental status, patient characteristics, transportation
needs, and medical and dental benefit coordination; and
new text end
new text begin
(iii) can be updated regularly;
new text end
new text begin
(2) performance benchmarks that focus on improving oral health for medical assistance
and MinnesotaCare enrollees, including consideration of Dental Quality Alliance and Oral
Health Impact Profile measures for broader assessment of a full range of services, and the
feasibility, cost, and value of providing the services;
new text end
new text begin
(3) methods for measuring progress toward the performance benchmarks and holding
the dental administrator accountable for progress, including providing rewards for progress;
new text end
new text begin
(4) establishing goals and processes to ensure coordination of care among medical
assistance and MinnesotaCare providers, including dental, medical, and other care providers,
particularly for patients with complex cases engaged in active treatment plans at the time
of transition to the dental administrator under Minnesota Statutes, section 256B.0371;
new text end
new text begin
(5) developing and implementing an infrastructure and workforce development strategy
that invests in the medical assistance and MinnesotaCare dental system through grants and
loans at a level that enables continued development of dental capacity commensurate with
that obtained through the managed care delivery system and from philanthropic sources;
and
new text end
new text begin
(6) developing and implementing a workforce development strategy to support the
pipeline of dental providers and oral health practitioners at all levels.
new text end
new text begin
(b) The working group must provide the recommendations required under this subdivision
to the commissioner by ........
new text end
new text begin
(a) By ......., the commissioner, in consultation with
its contracted dental administrator, must develop an implementation plan and timeline to
effectuate the recommendations from the working group under this section.
new text end
new text begin
(b) By ......., the commissioner must submit a report with the working group
recommendations, implementation plan, timeline, and any draft legislation required to
implement the implementation plan to the chairs and ranking minority members of the
legislative committees with jurisdiction over health and human services policy and finance.
new text end
new text begin
(a)
new text end
new text begin
Laws 2023, chapter 70, article 16, section 22,
new text end
new text begin
is repealed.
new text end
new text begin
(b)
new text end
new text begin
Minnesota Statutes 2024, section 256B.0625, subdivisions 18b, 18e, and 18h,
new text end
new text begin
are
repealed.
new text end
new text begin
Paragraph (b) is effective July 1, 2026, for medical assistance
fee-for-service and January 1, 2027, for prepaid medical assistance.
new text end
new text begin
(a) For the purposes of this section, the terms defined in this
subdivision have the meanings given.
new text end
new text begin
(b) "Capital expenses" means expenses incurred by a licensee for the purchase,
improvement, or maintenance of assets with an expected useful life of greater than five
years that improve the efficiency of provided ambulance services or the capabilities of the
licensee.
new text end
new text begin
(c) "Eligible applicant" or "eligible licensee" means any licensee who possessed a license
not excluded under subdivision 4 or 5 in the last completed state fiscal year for which data
was provided to the director, as provided in section 62J.49; who continues to operate that
same nonexcluded license at the time of application; and who provides verifiable evidence
of an operating deficit in the state fiscal year prior to submitting an application.
new text end
new text begin
(d) "Government licensee" means any government entity, as defined in section 118A.01,
subdivision 2, including a Tribe, that is a licensee.
new text end
new text begin
(e) "Insurance revenue" means revenue from Medicare, medical assistance, private health
insurance, third-party liability insurance, and payments from individuals.
new text end
new text begin
(f) "Operating deficit" means the sum of insurance revenue and other revenue is less
than the sum of operational expenses and capital expenses.
new text end
new text begin
(g) "Operational expenses" means costs related to the day-to-day operations of an
ambulance service, including but not limited to costs related to personnel, supplies and
equipment, fuel, vehicle maintenance, travel, education, and fundraising.
new text end
new text begin
(h) "Other revenue" means revenue from any revenue that is not insurance revenue,
including but not limited to grants, tax revenue, donations, fundraisers, or standby fees.
Grants awarded under this section must not be considered revenue.
new text end
new text begin
An ambulance operating deficit grant program is
established to award grants to applicants to address revenue shortfalls creating operating
deficits among eligible applicants.
new text end
new text begin
Licensees
providing specialized life support services as described in section 144E.101, subdivision 9,
are not eligible for grants under this section.
new text end
new text begin
Licensees whose individual primary service areas
are located mostly within a metropolitan county listed in section 473.121, subdivision 4, or
within the cities of Duluth, Mankato, St. Cloud, or Rochester are not eligible for grants
under this section.
new text end
new text begin
(a) An eligible licensee may apply to the director, in the
form and manner determined by the director, for a grant under this section.
new text end
new text begin
(b) A grant application made by a government licensee must be accompanied by a
resolution of support from the governing body.
new text end
new text begin
The director shall award grants only to applicants who
provide verifiable evidence of an operating deficit in the last completed state fiscal year for
which data were provided to the director. The director may audit the financial data provided
to the director by applicants, as provided in section 62J.49. A grant awarded must not be
more than five percent more than any previous grant without special permission from the
director.
new text end
new text begin
(a) Grants awarded under this section to eligible
applicants may be proportionally distributed based on money available. Total amounts
awarded must not exceed the amount appropriated for purposes of this section.
new text end
new text begin
(b) The director shall award grants annually.
new text end
new text begin
(c) The director must not award individual grants that exceed the amount of the grantee's
most recent verified operating deficit as reported to the director.
new text end
new text begin
A grantee must spend grant money received under this
section on operational expenses and capital expenses incurred to provide ambulance services.
new text end
new text begin
By February 15, 2026, and annually thereafter, the director must submit
a report to the chairs and ranking minority members of the legislative committees with
jurisdiction over health finance and policy. The report must describe the number and amount
of grants awarded under this section and the uses made of grant money by grantees.
new text end
new text begin
(a) For purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Eligible licensee" means a licensee that primarily provides ambulance services
outside the metropolitan counties listed in section 473.121, subdivision 4.
new text end
new text begin
(c) "Public safety answering point" has the meaning given in section 403.02, subdivision
19.
new text end
new text begin
The director must establish and administer a
rural EMS uncompensated care pool payment program. Under the program, the director
must make payments to eligible licensees according to this section.
new text end
new text begin
The director must exclude EMS responses by specialized
life support, as described in section 144E.101, subdivision 9, in calculating payments under
this section.
new text end
new text begin
(a) An eligible licensee seeking a payment under this
section must apply to the director each year by March 31, in the form and manner determined
by the director. In the application, the eligible licensee must specify the number of the
eligible licensee's EMS responses that meet the criteria in subdivision 5.
new text end
new text begin
(b) When an eligible licensee, an eligible licensee's parent company, a subsidiary of an
eligible licensee, or a subsidiary of an eligible licensee's parent company collectively hold
multiple licenses, the director must treat all such related licensees as a single eligible licensee.
new text end
new text begin
In order for an EMS response to be an eligible EMS
response for purposes of subdivision 6, the EMS response must meet the following criteria:
new text end
new text begin
(1) the EMS response was initiated by a request for emergency medical services initially
received by a public safety answering point;
new text end
new text begin
(2) an ambulance responded to the scene;
new text end
new text begin
(3) the ambulance was not canceled while en route to the scene;
new text end
new text begin
(4) the ambulance did not transport a person from the scene to a hospital emergency
department;
new text end
new text begin
(5) the eligible licensee did not receive any payment for the EMS response from any
source; and
new text end
new text begin
(6) the EMS response was initiated between January 1 and December 31 of the year
prior to the year the application is submitted.
new text end
new text begin
(a) The director must calculate payments as provided in paragraphs
(b) and (c) for an eligible licensee that completes an application under subdivision 4.
new text end
new text begin
(b) The director must award points for eligible EMS responses as follows:
new text end
new text begin
(1) for eligible EMS responses one to 25, an eligible licensee is awarded ten points per
response;
new text end
new text begin
(2) for eligible EMS responses 26 to 50, an eligible licensee is awarded five points per
response;
new text end
new text begin
(3) for eligible EMS responses 51 to 100, an eligible licensee is awarded three points
per response;
new text end
new text begin
(4) for eligible EMS responses 101 to 200, an eligible licensee is awarded one point per
response; and
new text end
new text begin
(5) for eligible EMS responses exceeding 200, an eligible licensee is awarded zero points.
new text end
new text begin
(c) The director must total the number of all points awarded to all applying eligible
licensees under paragraph (b). The director must divide the amount appropriated for purposes
of this section by the total number of points awarded to determine a per-point amount. The
payment for each eligible licensee shall be calculated by multiplying the eligible licensee's
number of awarded points by the established per-point amount.
new text end
new text begin
The director must certify the payment amount for each eligible
licensee and must make the full payment to each eligible licensee by May 30 each year.
new text end
Minnesota Statutes 2024, section 142A.03, is amended by adding a subdivision
to read:
new text begin
Notwithstanding
chapter 16C, the commissioner is exempt from the contract term limits for the issuance of
public benefits through an electronic benefit transfer system and related services. These
contracts may have up to an initial five-year term, with extensions not to exceed a ten-year
total contract duration.
new text end
Minnesota Statutes 2024, section 142F.14, is amended to read:
The commissioner must distribute funds
appropriated to the commissioner deleted text begin by law for that purposedeleted text end new text begin for purposes of this sectionnew text end to
deleted text begin Hunger Solutionsdeleted text end new text begin The Food Groupnew text end , a statewide association of food shelves organized as a
nonprofit corporation as defined under section 501(c)(3) of the Internal Revenue Code of
1986, to distribute to qualifying food shelves. A food shelf qualifies under this section if:
(1) it is a nonprofit corporation, or is affiliated with a nonprofit corporation, as defined
in section 501(c)(3) of the Internal Revenue Code of 1986 or a federally recognized Tribal
nation;
(2) it distributes standard food orders without charge to needy individuals. The standard
food order must consist of at least a two-day supply or six pounds per person of nutritionally
balanced food items;
(3) it does not limit food distributions to individuals of a particular religious affiliation,
race, or other criteria unrelated to need or to requirements necessary to administration of a
fair and orderly distribution system;
(4) it does not use the money received or the food distribution program to foster or
advance religious or political views; and
(5) it has a stable address and directly serves individuals.
In order to receive money appropriated under this section, deleted text begin Hunger
Solutionsdeleted text end new text begin The Food Groupnew text end must apply to the commissioner. The application must be in a
form prescribed by the commissioner and must indicate the proportion of money each
qualifying food shelf shall receive. Applications must be filed at the times and for the periods
determined by the commissioner.
deleted text begin Hunger Solutionsdeleted text end new text begin The Food Groupnew text end must distribute
money distributed to it by the department to food shelf programs in proportion to the number
of individuals served by each food shelf program. The commissioner must gather data from
deleted text begin Hunger Solutionsdeleted text end new text begin The Food Groupnew text end or other appropriate sources to determine the proportionate
amount each qualifying food shelf program is entitled to receive. The commissioner may
increase or decrease the qualifying food shelf program's proportionate amount if the
commissioner determines the increase or decrease is necessary or appropriate to meet
changing needs or demands.
At least 96 percent of the money distributed to deleted text begin Hunger Solutionsdeleted text end new text begin
The Food Groupnew text end under this section must be distributed to food shelf programs to purchase,
transport, and coordinate the distribution of nutritious food to needy individuals and families.
The money distributed to food shelf programs may also be used to purchase personal hygiene
products, including but not limited to diapers and toilet paper. No more than four percent
of the money may be expended for other expenses, such as rent, salaries, and other
administrative expenses of deleted text begin Hunger Solutionsdeleted text end new text begin The Food Groupnew text end .
deleted text begin Hunger Solutionsdeleted text end new text begin The Food Groupnew text end must retain records
documenting expenditure of the money and comply with any additional requirements
imposed by the commissioner. The commissioner may require deleted text begin Hunger Solutionsdeleted text end new text begin The Food
Groupnew text end to report on its use of the funds. The commissioner may require that the report contain
an independent audit. If ineligible expenditures are made by deleted text begin Hunger Solutionsdeleted text end new text begin The Food
Groupnew text end , the ineligible amount must be repaid to the commissioner and deposited in the
general fund.
All funds appropriated under this section must be
distributed to deleted text begin Hunger Solutionsdeleted text end new text begin The Food Groupnew text end as provided under this section with
deduction by the commissioner for administrative expenses limited to 1.8 percent.
Data collected on individuals from which the identity of
any individual receiving services may be determined are private data on individuals as
defined in section 13.02.
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2024, section 142B.01, subdivision 15, is amended to read:
"Individual who is related" means a spouse, a
parent, a birth or adopted child or stepchild, a stepparent, a stepbrother, a stepsister, a niece,
a nephew, an adoptive parent, a grandparent, a sibling, an aunt, an uncle, or a legal guardian.new text begin
For purposes of family child foster care, individual who is related also includes an individual
who, prior to the child's placement in the individual's home for foster care or adoption, was
an important friend of the child or of the child's parent or custodian, including an individual
with whom the child has resided or had significant contact or who has a significant
relationship to the child or the child's parent or custodian.
new text end
Minnesota Statutes 2024, section 142B.05, subdivision 3, is amended to read:
new text begin (a)
new text end Notwithstanding subdivision 2, paragraph (a), clause (1), in order to provide foster care for
a child, an individual who is related to the child, other than a parent, or legal guardian, must
be licensed by the commissioner except as provided by section 142B.06.
new text begin
(b) An individual who is related to the child may seek foster care licensure through the
county agency or a private agency in the community licensed and authorized by the
commissioner. The placing agency must provide information to all potential relative foster
care providers about this choice. Counties are not obligated to pay costs for services provided
by private agencies.
new text end
new text begin
(c) If an individual who is related to a child is seeking licensure to provide foster care
for the child and the individual has a domestic partner but is not married to the domestic
partner, only the individual related to the child must be licensed to provide foster care. The
commissioner must conduct background studies on household members according to section
245C.03, subdivision 1.
new text end
Minnesota Statutes 2024, section 142B.47, is amended to read:
(a) Licensed child foster care providersnew text begin , except individuals related to the child,new text end that care
for infants or children through five years of age must document that before caregivers assist
in the care of infants or children through five years of age, deleted text begin theydeleted text end new text begin the caregiversnew text end are instructed
on the standards in section 142B.46 and receive training on reducing the risk of sudden
unexpected infant death and abusive head trauma from shaking infants and young children.new text begin
Licensed child foster care providers who are related to the child and who only serve a relative
child must document completion of the training required under this section within 30 days
after licensure.new text end This section does not apply to emergency relative placement under section
142B.06. The training on reducing the risk of sudden unexpected infant death and abusive
head trauma may be provided as:
(1) orientation training to child foster care providers who care for infants or children
through five years of age under Minnesota Rules, part 2960.3070, subpart 1; or
(2) in-service training to child foster care providers who care for infants or children
through five years of age under Minnesota Rules, part 2960.3070, subpart 2.
(b) Training required under this section must be at least one hour in length and must be
completed at least once every five years. At a minimum, the training must address the risk
factors related to sudden unexpected infant death and abusive head trauma, means of reducing
the risk of sudden unexpected infant death and abusive head trauma, and license holder
communication with parents regarding reducing the risk of sudden unexpected infant death
and abusive head trauma.
(c) Training for child foster care providers must be approved by the county or private
licensing agency that is responsible for monitoring the child foster care provider under
section 142B.30. The approved training fulfills, in part, training required under Minnesota
Rules, part 2960.3070.
new text begin
This section is effective January 1, 2026.
new text end
Minnesota Statutes 2024, section 142B.51, subdivision 2, is amended to read:
(a) Programs
licensed by the Department of Human Services under chapter 245A or the Department of
Children, Youth, and Families under this chapter and Minnesota Rules, chapter 2960, that
serve a child or children under eight years of age must document training that fulfills the
requirements in this subdivision.
(b) Before a license holder, staff person, or caregiver transports a child or children under
age eight in a motor vehicle, the person transporting the child must satisfactorily complete
training on the proper use and installation of child restraint systems in motor vehicles.
Training completed under this section may be used to meet initial or ongoing training under
Minnesota Rules, part 2960.3070, subparts 1 and 2.
(c) Training required under this section must be completed at orientation or initial training
and repeated at least once every five years. At a minimum, the training must address the
proper use of child restraint systems based on the child's size, weight, and age, and the
proper installation of a car seat or booster seat in the motor vehicle used by the license
holder to transport the child or children.
(d) Training under paragraph (c) must be provided by individuals who are certified and
approved by the Office of Traffic Safety within the Department of Public Safety. License
holders may obtain a list of certified and approved trainers through the Department of Public
Safety website or by contacting the agency.
(e) Notwithstanding paragraph (a), for an emergency relative placement under section
142B.06, the commissioner may grant a variance to the training required by this subdivision
for a relative who completes a child seat safety check up. The child seat safety check up
trainer must be approved by the Department of Public Safety, Office of Traffic Safety, and
must provide one-on-one instruction on placing a child of a specific age in the exact child
passenger restraint in the motor vehicle in which the child will be transported. Once granted
a variance, and if all other licensing requirements are met, the relative applicant may receive
a license and may transport a relative foster child younger than eight years of age. A child
seat safety check up must be completed each time a child requires a different size car seat
according to car seat and vehicle manufacturer guidelines. A relative license holder must
complete training that meets the other requirements of this subdivision prior to placement
of another foster child younger than eight years of age in the home or prior to the renewal
of the child foster care license.
new text begin
(f) Notwithstanding paragraph (b), a child foster care license holder who is an individual
related to the child and who only serves a relative child must document completion of the
training required under this section within 30 days after licensure.
new text end
new text begin
This section is effective January 1, 2026.
new text end
Minnesota Statutes 2024, section 142B.80, is amended to read:
Prior to a nonemergency placement of a child in a foster care home, the child foster care
license holder and caregivers in foster family and treatment foster care settings must complete
two hours of training that addresses the causes, symptoms, and key warning signs of mental
health disorders; cultural considerations; and effective approaches for dealing with a child's
behaviors. At least one hour of the annual training requirement for the foster family license
holder and caregivers must be on children's mental health issues and treatment. Except for
providers and services under chapter 245Dnew text begin and child foster care license holders who are
individuals related to the child and who only serve a relative child who does not have fetal
alcohol spectrum disordernew text end , the annual training must also include at least one hour of training
on fetal alcohol spectrum disorders, which must be counted toward the 12 hours of required
in-service training per year. Short-term substitute caregivers are exempt from these
requirements. Training curriculum shall be approved by the commissioner of children,
youth, and families.
new text begin
This section is effective January 1, 2026.
new text end
new text begin
Notwithstanding the required hours under Minnesota Rules, part 2960.3070, subpart 2,
a child foster care license holder who is an individual related to the child must complete a
minimum of six hours of in-service training per year in one or more of the areas in Minnesota
Rules, part 2960.3070, subpart 2, or in other areas as agreed upon by the licensing agency
and the foster parent. The relative child foster care license holder must consult with the
licensing agency and complete training in areas that are most applicable to caring for the
relative children in foster care in the home. This section does not apply to a child foster care
license holder who is licensed to care for both a relative child and a nonrelative child.
new text end
new text begin
This section is effective January 1, 2026.
new text end
Minnesota Statutes 2024, section 245C.02, is amended by adding a subdivision to
read:
new text begin
"Relative" has the meaning given in section 260C.007, subdivision
27. For purposes of background studies affiliated with child foster care licensure, a person
is a relative if the person was known to the child or the child's parent before the child is
placed in foster care.
new text end
Minnesota Statutes 2024, section 256.045, subdivision 7, is amended to read:
new text begin (a) new text end Except for a prepaid health plan, any party who is aggrieved
by an order of the commissioner of human services; the commissioner of health; or the
commissioner of children, youth, and families in appeals within the commissioner's
jurisdiction under subdivision 3b; or the Direct Care and Treatment executive board in
appeals within the jurisdiction of the executive board under subdivision 5a may appeal the
order deleted text begin to thedeleted text end new text begin innew text end district court deleted text begin ofdeleted text end new text begin .
new text end
new text begin
(b) A party appealing under this subdivision must file:
new text end
new text begin (1) innew text end the county responsible for furnishing assistancedeleted text begin ,deleted text end new text begin ;new text end ordeleted text begin , in
deleted text end
new text begin (2) fornew text end appeals under subdivision 3bdeleted text begin ,deleted text end new text begin :
new text end
new text begin (i) innew text end the county where the maltreatment occurreddeleted text begin , by servingdeleted text end new text begin ; or
new text end
new text begin
(ii) if the maltreatment occurred in another state or country, in the county where the
maltreatment was determined.
new text end
new text begin (c) A party appealing under this subdivision must (1) servenew text end a written copy of a notice
of appeal upon the applicable commissioner or executive board and any adverse party of
record within 30 days after the date the commissioner or executive board issued the order,
the amended order, or order affirming the original order, and deleted text begin by filingdeleted text end new text begin (2) filenew text end the original
notice and proof of service with the court administrator of the district court. Service may
be made personally or by mail; service by mail is complete upon mailing; no filing fee shall
be required by the court administrator in appeals taken pursuant to this subdivision, with
the exception of appeals taken under subdivision 3b.
new text begin (d)new text end The applicable commissioner or executive board may elect to become a party to the
proceedings in the district court.
new text begin (e)new text end Except for appeals under subdivision 3b, any party may demand that the commissioner
or executive board furnish all parties to the proceedings with a copy of the decision, and a
transcript of any testimony, evidence, or other supporting papers from the hearing held
before the human services judge, by serving a written demand upon the applicable
commissioner or executive board within 30 days after service of the notice of appeal.
new text begin (f)new text end Any party aggrieved by the failure of an adverse party to obey an order issued by the
commissioner or executive board under subdivision 5 or 5a may compel performance
according to the order in the manner prescribed in sections 586.01 to 586.12.
Minnesota Statutes 2024, section 260.65, is amended to read:
(a) Prior to the removal of an African American or a disproportionately represented child
from the child's home, the responsible social services agency must make active efforts to
identify and locate the child's noncustodial or nonadjudicated parent and the child's relatives
to notify the child's parent and relatives that the child is or will be placed in foster caredeleted text begin ,deleted text end and
provide the child's parent and relatives with a list of legal resources. The notice to the child's
noncustodial or nonadjudicated parent and relatives must also include the information
required under section 260C.221, subdivision 2, paragraph (b). The responsible social
services agency must maintain detailed records of the agency's efforts to notify parents and
relatives under this section.
(b) Notwithstanding the provisions of section 260C.219, the responsible social services
agency must assess an African American or a disproportionately represented child's
noncustodial or nonadjudicated parent's ability to care for the child before placing the child
in foster care. If a child's noncustodial or nonadjudicated parent is willing and able to provide
daily care for the African American or disproportionately represented child temporarily or
permanently, the court shall order deleted text begin thatdeleted text end the child deleted text begin be placed indeleted text end new text begin intonew text end the home of the noncustodial
or nonadjudicated parent pursuant to section 260C.178 or 260C.201, subdivision 1. The
responsible social services agency must make active efforts to assist a noncustodial or
nonadjudicated parent with remedying any issues that may prevent the child from being
deleted text begin placed with thedeleted text end new text begin ordered into the home of anew text end noncustodial or nonadjudicated parent.
(c) The relative search, notice, engagement, and placement consideration requirements
under section 260C.221 apply under this act.
Minnesota Statutes 2024, section 260.66, subdivision 1, is amended to read:
Nothing in this section
shall be construed to prevent the emergency removal of an African American or a
disproportionately represented deleted text begin child's parent or custodiandeleted text end new text begin childnew text end or the emergency placement
of the child in a foster setting in order to prevent imminent physical damage or harm to the
child.
Minnesota Statutes 2024, section 260.691, subdivision 1, is amended to read:
new text begin
(a) The African American Child and Family
Well-Being Advisory Council is established for the Department of Children, Youth, and
Families.
new text end
new text begin
(b) The council shall consist of 31 members appointed by the commissioner and must
include representatives with lived personal or professional experience within African
American communities. Members may include but are not limited to youth who have exited
the child welfare system; parents; legal custodians; relative and kinship caregivers or foster
care providers; community service providers, advocates, and members; county and private
social services agency case managers; representatives from faith-based institutions; academic
professionals; a representative from the Council for Minnesotans of African Heritage; the
Ombudsperson for African American Families; and other individuals with experience and
knowledge of African American communities. Council members must be selected through
an open appointments process under section 15.0597. The terms, compensation, and removal
of council members are governed by section 15.059.
new text end
new text begin (c) new text end The deleted text begin African American Child Well-Being Advisorydeleted text end council must:
(1) review annual reports related to African American children involved in the child
welfare system. These reports may include but are not limited to the maltreatment,
out-of-home placement, and permanency of African American children;
(2) assist with and make recommendations to the commissioner for developing strategies
to reduce maltreatment determinations, prevent unnecessary out-of-home placement, promote
culturally appropriate foster care and shelter or facility placement decisions and settings for
African American children in need of out-of-home placement, ensure timely achievement
of permanency, and improve child welfare outcomes for African American children and
their families;
(3) review summary reports on targeted case reviews prepared by the commissioner to
ensure that responsible social services agencies meet the needs of African American children
and their families. Based on data collected from those reviews, the council shall assist the
commissioner with developing strategies needed to improve any identified child welfare
outcomes, including but not limited to maltreatment, out-of-home placement, and permanency
for African American children;
(4) deleted text begin assist the Cultural and Ethnic Communities Leadership Council with makingdeleted text end new text begin makenew text end
recommendations to the commissioner and the legislature for public policy and statutory
changes that specifically consider the needs of African American children and their families
involved in the child welfare system;
(5) advise the commissioner on stakeholder engagement strategies and actions that the
commissioner and responsible social services agencies may take to improve child welfare
outcomes for African American children and their families;
(6) assist the commissioner with developing strategies for public messaging and
communication related to racial disproportionality and disparities in child welfare outcomes
for African American children and their families;
(7) assist the commissioner with identifying and developing internal and external
partnerships to support adequate access to services and resources for African American
children and their families, including but not limited to housing assistance, employment
assistance, food and nutrition support, health care, child care assistance, and educational
support and training; and
(8) assist the commissioner with developing strategies to promote the development of
a culturally diverse and representative child welfare workforce in Minnesota that includes
professionals who are reflective of the community served and who have been directly
impacted by lived experiences within the child welfare system. The council must also assist
the commissioner with exploring strategies and partnerships to address education and training
needs, hiring, recruitment, retention, and professional advancement practices.
Minnesota Statutes 2024, section 260.692, is amended to read:
The African American Child new text begin and Family new text end Well-Being Unit,
currently established by the commissioner, must:
(1) assist with the development of African American cultural competency training and
review child welfare curriculum in the Minnesota Child Welfare Training Academy to
ensure that responsible social services agency staff and other child welfare professionals
are appropriately prepared to engage with African American children and their families and
to support family preservation and reunification;
(2) provide technical assistance, including on-site technical assistance, and case
consultation to responsible social services agencies to assist agencies with implementing
and complying with the Minnesota African American Family Preservation and Child Welfare
Disproportionality Act;
(3) monitor individual county and statewide disaggregated and nondisaggregated data
to identify trends and patterns in child welfare outcomes, including but not limited to
reporting, maltreatment, out-of-home placement, and permanency of African American
children and develop strategies to address disproportionality and disparities in the child
welfare system;
(4) develop and implement a system for conducting case reviews when the commissioner
receives reports of noncompliance with the Minnesota African American Family Preservation
and Child Welfare Disproportionality Act or when requested by the parent or custodian of
an African American child. Case reviews may include but are not limited to a review of
placement prevention efforts, safety planning, case planning and service provision by the
responsible social services agency, relative placement consideration, and permanency
planning;
(5) establish and administer a request for proposals process for African American and
disproportionately represented family preservation grants under section 260.693, monitor
grant activities, and provide technical assistance to grantees;
(6) in coordination with the African American Childnew text begin and Familynew text end Well-Being Advisory
Council, coordinate services and create internal and external partnerships to support adequate
access to services and resources for African American children and their families, including
but not limited to housing assistance, employment assistance, food and nutrition support,
health care, child care assistance, and educational support and training; and
(7) develop public messaging and communication to inform the public about racial
disparities in child welfare outcomes, current efforts and strategies to reduce racial disparities,
and resources available to African American children and their families involved in the
child welfare system.
(a) The African American Childnew text begin and Familynew text end Well-Being Unit
must conduct systemic case reviews to monitor targeted child welfare outcomes, including
but not limited to maltreatment, out-of-home placement, and permanency of African
American children.
(b) The reviews under this subdivision must be conducted using a random sampling of
representative child welfare cases stratified for certain case related factors, including but
not limited to case type, maltreatment type, if the case involves out-of-home placement,
and other demographic variables. In conducting the reviews, unit staff may use court records
and documents, information from the social services information system, and other available
case file information to complete the case reviews.
(c) The frequency of the reviews and the number of cases, child welfare outcomes, and
selected counties reviewed shall be determined by the unit in consultation with the African
American Childnew text begin and Familynew text end Well-Being Advisory Council, with consideration given to the
availability of unit resources needed to conduct the reviews.
(d) The unit must monitor all case reviews and use the collective case review information
and data to generate summary case review reports, ensure compliance with the Minnesota
African American Family Preservation and Child Welfare Disproportionality Act, and
identify trends or patterns in child welfare outcomes for African American children.
(e) The unit must review information from members of the public received through the
compliance and feedback portal, including policy and practice concerns related to individual
child welfare cases. After assessing a case concern, the unit may determine if further
necessary action should be taken, which may include coordinating case remediation with
other relevant child welfare agencies in accordance with data privacy laws, including the
African American Childnew text begin and Familynew text end Well-Being Advisory Council, and offering case
consultation and technical assistance to the responsible local social services agency as
needed or requested by the agency.
(a) The African American Childnew text begin and Familynew text end Well-Being Unit must
provide regular updates on unit activities, including summary reports of case reviews, to
the African American Childnew text begin and Familynew text end Well-Being Advisory Council, and must publish
an annual census of African American children in out-of-home placements statewide. The
annual census must include data on the types of placements, age and sex of the children,
how long the children have been in out-of-home placements, and other relevant demographic
information.
(b) The African American Childnew text begin and Familynew text end Well-Being Unit shall gather summary data
about the practice and policy inquiries and individual case concerns received through the
compliance and feedback portal under subdivision 2, paragraph (e). The unit shall provide
regular reports of the nonidentifying compliance and feedback portal summary data to the
African American Childnew text begin and Familynew text end Well-Being Advisory Council to identify child welfare
trends and patterns to assist with developing policy and practice recommendations to support
eliminating disparity and disproportionality for African American children.
Minnesota Statutes 2024, section 260C.001, subdivision 2, is amended to read:
(a) The paramount consideration in all
juvenile protection proceedings is the health, safety, and best interests of the child. In
proceedings involving an American Indian child, as defined in section 260.755, subdivision
8, the best interests of the child must be determined consistent with sections 260.751 to
260.835 and the Indian Child Welfare Act, United States Code, title 25, sections 1901 to
1923.
(b) The purpose of the laws relating to juvenile protection proceedings is:
(1) to secure for each child under the jurisdiction of the court, the care and guidance,
preferably in the child's own home, as will best serve the spiritual, emotional, mental, and
physical welfare of the child;
(2) to provide judicial procedures that protect the welfare of the child;
(3) to preserve and strengthen the child's family ties whenever possible and in the child's
best interests, removing the child from the custody of parents only when the child's welfare
or safety cannot be adequately safeguarded without removal;
(4) to ensure that when removal from the child's own family is necessary and in the
child's best interests, the responsible social services agency has legal responsibility for the
child removal either:
(i) pursuant to a voluntary placement agreement between the child's parent or guardian
or the child, when the child is over age 18, and the responsible social services agency; or
(ii) by court order pursuant to section 260C.151, subdivision 6; 260C.178; 260C.201;
260C.325; or 260C.515;
(5) to ensure that, when placement is pursuant to court order, the court order removing
the child or continuing the child in foster care contains an individualized determination that
placement is in the best interests of the child that coincides with the actual removal of the
child;
(6) to ensure that when the child is removed, the child's care and discipline is, as nearly
as possible, equivalent to that which should have been given by the parents and is either in:
(i) the home of a noncustodial parent pursuant to section 260C.178 or 260C.201,
subdivision 1, paragraph (a), clause (1);
(ii) the home of a relative pursuant to emergency placement by the responsible social
services agency under chapter 245A; or
(iii) foster care licensed under chapter 245A; and
(7) to ensure appropriate permanency planning for children in foster care including:
(i) unless reunification is not required under section 260.012, developing a permanency
plan for the child that includes a primary plan for reunification with the child's parent or
guardian and a secondary plan for an alternative, legally permanent home for the child in
the event reunification cannot be achieved in a timely manner;
(ii) identifying, locating, and assessing both parents of the child as soon as possible and
offering reunification services to both parents of the child as required under sections 260.012
and 260C.219;
new text begin
(iii) inquiring about the child's heritage, including the child's Tribal lineage pursuant to
section 260.761, and their race, culture, and ethnicity pursuant to section 260.63, subdivision
10;
new text end
deleted text begin (iii)deleted text end new text begin (iv)new text end identifying, locating, and notifying relatives of both parents of the child according
to section 260C.221;
deleted text begin (iv)deleted text end new text begin (v)new text end making a placement with a family that will commit to being the legally permanent
home for the child in the event reunification cannot occur at the earliest possible time while
at the same time actively supporting the reunification plan; and
deleted text begin (v)deleted text end new text begin (vi)new text end returning the child home with supports and services, as soon as return is safe for
the child, or when safe return cannot be timely achieved, moving to finalize another legally
permanent home for the child.
Minnesota Statutes 2024, section 260C.007, subdivision 19, is amended to read:
"Habitual truant" means a child deleted text begin under the age of 17deleted text end new text begin who is
at least 12 years old and less than 18new text end years new text begin old new text end who is absent from attendance at school
without lawful excuse deleted text begin for seven school days per school year if the child is in elementary
school ordeleted text end for one or more class periods on seven school days per school year if the child is
in middle school, junior high school, or high school or a child who is 17 years of age who
is absent from attendance at school without lawful excuse for one or more class periods on
seven school days per school year and who has not lawfully withdrawn from school under
section 120A.22, subdivision 8.new text begin Pursuant to section 260C.163, subdivision 11, habitual
truant also means a child under age 12 who has been absent from school for seven school
days without lawful excuse, based on a showing by clear and convincing evidence that the
child's absence is not due to the failure of the child's parent, guardian, or custodian to comply
with compulsory instruction laws.
new text end
Minnesota Statutes 2024, section 260C.141, subdivision 1, is amended to read:
(a) Any reputable person, including but
not limited to any agent of the commissioner of children, youth, and families, having
knowledge of a child in this state or of a child who is a resident of this state, who appears
to be in need of protection or services or neglected and in foster care, may petition the
juvenile court in the manner provided in this section.
(b) A petition for a child in need of protection filed by an individual who is not a county
attorney or an agent of the commissioner of children, youth, and families shall be filed on
a form developed by the state court administrator and provided to court administrators.
Copies of the form may be obtained from the court administrator in each county. The court
administrator shall review the petition before it is filed to determine that it is completed.
The court administrator may reject the petition if it does not indicate that the petitioner has
contacted the responsible social services agency.
An individual may file a petition under this subdivision without seeking internal review
of the responsible social services agency's decision. The court shall determine whether there
is probable cause to believe that a need for protection or services exists before the matter
is set for hearing. If the matter is set for hearing, the court administrator shall notify the
responsible social services agency by sending notice to the county attorney.
The petition must contain:
(1) a statement of facts that would establish, if proven, that there is a need for protection
or services for the child named in the petition;
(2) a statement that petitioner has reported the circumstances underlying the petition to
the responsible social services agency, and protection or services were not provided to the
child;
(3) a statement whether there are existing juvenile or family court custody orders or
pending proceedings in juvenile or family court concerning the child; deleted text begin and
deleted text end
(4) a statement of the relationship of the petitioner to the child and any other partiesdeleted text begin .deleted text end new text begin ;
and
new text end
new text begin
(5) a statement whether the petitioner has inquired of the parent or parents of the child,
the child, and relatives about the child's heritage, including the child's Tribal lineage pursuant
to section 260.761 and their race, culture, and ethnicity pursuant to section 260.63,
subdivision 10.
new text end
The court may not allow a petition to proceed under this paragraph if it appears that the
sole purpose of the petition is to modify custody between the parents.
Minnesota Statutes 2024, section 260C.150, subdivision 3, is amended to read:
(a) The responsible social
services agency shall make diligent effortsnew text begin to inquire about the child's heritage, including
the child's Tribal lineage pursuant to section 260.761 and their race, culture, and ethnicity
pursuant to section 260.63, subdivision 10, andnew text end to identify and locate both parents of any
child who is the subject of proceedings under this chapter. Diligent efforts include:
(1) asking the custodial or known parent to identify any nonresident parent of the child
and provide information that can be used to verify the nonresident parent's identity including
the dates and locations of marriages and divorces; dates and locations of any legal
proceedings regarding paternity; date and place of the child's birth; nonresident parent's full
legal name; nonresident parent's date of birth, or if the nonresident parent's date of birth is
unknown, an approximate age; the nonresident parent's Social Security number; the
nonresident parent's whereabouts including last known whereabouts; and the whereabouts
of relatives of the nonresident parent. For purposes of this subdivision, "nonresident parent"
means a parent who does not reside in the same household as the child or did not reside in
the same household as the child at the time the child was removed when the child is in foster
care;
(2) obtaining information that will identify and locate the nonresident parent from the
county and state of Minnesota child support enforcement information system;
(3) requesting a search of the Minnesota Fathers' Adoption Registry 30 days after the
child's birth; and
(4) using any other reasonable means to identify and locate the nonresident parent.
(b) The agency may disclose data which is otherwise private under section 13.46 or
chapter 260E in order to carry out its duties under this subdivision.
(c) Upon the filing of a petition alleging the child to be in need of protection or services,
the responsible social services agency may contact a putative father who registered with
the Minnesota Fathers' Adoption Registry more than 30 days after the child's birth. The
social service agency may consider a putative father for the day-to-day care of the child
under section 260C.219 if the putative father cooperates with genetic testing and there is a
positive test result under section 257.62, subdivision 5. Nothing in this paragraph:
(1) relieves a putative father who registered with the Minnesota Fathers' Adoption
Registry more than 30 days after the child's birth of the duty to cooperate with paternity
establishment proceedings under section 260C.219;
(2) gives a putative father who registered with the Minnesota Fathers' Adoption Registry
more than 30 days after the child's birth the right to notice under section 260C.151 unless
the putative father is entitled to notice under sections 259.24 and 259.49, subdivision 1,
paragraph (a) or (b), clauses (1) to (7); or
(3) establishes a right to assert an interest in the child in a termination of parental rights
proceeding contrary to section 259.52, subdivision 6, unless the putative father is entitled
to notice under sections 259.24 and 259.49, subdivision 1, paragraph (a) or (b), clauses (1)
to (7).
Minnesota Statutes 2024, section 260C.178, subdivision 1, is amended to read:
(a) If a child was taken into custody
under section 260C.175, subdivision 1, clause (1) or (2), item (ii), the court shall hold a
hearing within 72 hours of the time that the child was taken into custody, excluding
Saturdays, Sundays, and holidays, to determine whether the child should continue to be in
custody.
(b) Unless there is reason to believe that the child would endanger self or others or not
return for a court hearing, or that the child's health or welfare would be immediately
endangered, the child shall be released to the custody of a parent, guardian, custodian, or
other suitable person, subject to reasonable conditions of release including, but not limited
to, a requirement that the child undergo a chemical use assessment as provided in section
260C.157, subdivision 1.
(c) If the court determines that there is reason to believe that the child would endanger
self or others or not return for a court hearing, or that the child's health or welfare would be
immediately endangered if returned to the care of the parent or guardian who has custody
and from whom the child was removed, the court shall order the child:
(1) into the care of the child's noncustodial parent and order the noncustodial parent to
comply with any conditions that the court determines appropriate to ensure the safety and
care of the child, including requiring the noncustodial parent to cooperate with paternity
establishment proceedings if the noncustodial parent has not been adjudicated the child's
father; or
(2) into foster care as defined in section 260C.007, subdivision 18, under the legal
responsibility of the responsible social services agency or responsible probation or corrections
agency for the purposes of protective care as that term is used in the juvenile court rules.
The court shall not give the responsible social services legal custody and order a trial home
visit at any time prior to adjudication and disposition under section 260C.201, subdivision
1, paragraph (a), clause (3), but may order the child returned to the care of the parent or
guardian who has custody and from whom the child was removed and order the parent or
guardian to comply with any conditions the court determines to be appropriate to meet the
safety, health, and welfare of the child.
(d) In determining whether the child's health or welfare would be immediately
endangered, the court shall consider whether the child would reside with a perpetrator of
domestic child abuse.
(e) The court, before determining whether a child should be placed in or continue in
foster care under the protective care of the responsible agency, shall also make a
determination, consistent with section 260.012 as to whether reasonable efforts were made
to prevent placement or whether reasonable efforts to prevent placement are not required.
In the case of an Indian child, the court shall determine whether active efforts, according
to section 260.762 and the Indian Child Welfare Act of 1978, United States Code, title 25,
section 1912(d), were made to prevent placement. The court shall enter a finding that the
responsible social services agency has made reasonable efforts to prevent placement when
the agency establishes either:
(1) that the agency has actually provided services or made efforts in an attempt to prevent
the child's removal but that such services or efforts have not proven sufficient to permit the
child to safely remain in the home; or
(2) that there are no services or other efforts that could be made at the time of the hearing
that could safely permit the child to remain home or to return home. The court shall not
make a reasonable efforts determination under this clause unless the court is satisfied that
the agency has sufficiently demonstrated to the court that there were no services or other
efforts that the agency was able to provide at the time of the hearing enabling the child to
safely remain home or to safely return home. When reasonable efforts to prevent placement
are required and there are services or other efforts that could be ordered that would permit
the child to safely return home, the court shall order the child returned to the care of the
parent or guardian and the services or efforts put in place to ensure the child's safety. When
the court makes a prima facie determination that one of the circumstances under paragraph
(g) exists, the court shall determine that reasonable efforts to prevent placement and to
return the child to the care of the parent or guardian are not required.
(f) If the court finds the social services agency's preventive or reunification efforts have
not been reasonable but further preventive or reunification efforts could not permit the child
to safely remain at home, the court may nevertheless authorize or continue the removal of
the child.
(g) The court may not order or continue the foster care placement of the child unless the
court makes explicit, individualized findings that continued custody of the child by the
parent or guardian would be contrary to the welfare of the child and that placement is in the
best interest of the child.
(h) At the emergency removal hearing, or at any time during the course of the proceeding,
and upon notice and request of the county attorney, the court shall determine whether a
petition has been filed stating a prima facie case that:
(1) the parent has subjected a child to egregious harm as defined in section 260C.007,
subdivision 14;
(2) the parental rights of the parent to another child have been involuntarily terminated;
(3) the child is an abandoned infant under section 260C.301, subdivision 2, paragraph
(a), clause (2);
(4) the parents' custodial rights to another child have been involuntarily transferred to a
relative under a juvenile protection proceeding or a similar process of another jurisdiction;
(5) the parent has committed sexual abuse as defined in section 260E.03, against the
child or another child of the parent;
(6) the parent has committed an offense that requires registration as a predatory offender
under section 243.166, subdivision 1b, paragraph (a) or (b); or
(7) the provision of services or further services for the purpose of reunification is futile
and therefore unreasonable.
(i) When a petition to terminate parental rights is required under section 260C.301,
subdivision 4, or 260C.503, subdivision 2, but the county attorney has determined not to
proceed with a termination of parental rights petition, and has instead filed a petition to
transfer permanent legal and physical custody to a relative under section 260C.507, the
court shall schedule a permanency hearing within 30 days of the filing of the petition.
(j) If the county attorney has filed a petition under section 260C.307, the court shall
schedule a trial under section 260C.163 within 90 days of the filing of the petition except
when the county attorney determines that the criminal case shall proceed to trial first under
section 260C.503, subdivision 2, paragraph (c).
(k) If the court determines the child should be ordered into foster care deleted text begin anddeleted text end new text begin , the court
shall inquire about the child's heritage, including the child's Tribal lineage pursuant to section
260.761; their race, culture, and ethnicity pursuant to section 260.63, subdivision 10; and
the responsible social services agency's initial relative search efforts. Ifnew text end the child's parent
refuses to give information to the responsible social services agency regarding the child's
father or relatives of the child, the court may order the parent to disclose the names, addresses,
telephone numbers, and other identifying information to the responsible social services
agency for the purpose of complying with sections 260C.150, 260C.151, 260C.212,
260C.215, 260C.219, and 260C.221.
(l) If a child ordered into foster care has siblings, whether full, half, or step, who are
also ordered into foster care, the court shall inquire of the responsible social services agency
of the efforts to place the children together as required by section 260C.212, subdivision 2,
paragraph (d), if placement together is in each child's best interests, unless a child is in
placement for treatment or a child is placed with a previously noncustodial parent who is
not a parent to all siblings. If the children are not placed together at the time of the hearing,
the court shall inquire at each subsequent hearing of the agency's reasonable efforts to place
the siblings together, as required under section 260.012. If any sibling is not placed with
another sibling or siblings, the agency must develop a plan to facilitate visitation or ongoing
contact among the siblings as required under section 260C.212, subdivision 1, unless it is
contrary to the safety or well-being of any of the siblings to do so.
(m) When the court has ordered the child into the care of a noncustodial parent or in
foster care, the court may order a chemical dependency evaluation, mental health evaluation,
medical examination, and parenting assessment for the parent as necessary to support the
development of a plan for reunification required under subdivision 7 and section 260C.212,
subdivision 1, or the child protective services plan under section 260E.26, and Minnesota
Rules, part 9560.0228.
(n) When the court has ordered an Indian child into an emergency child placement, the
Indian child shall be placed according to the placement preferences in the Minnesota Indian
Family Preservation Act, section 260.773.
Minnesota Statutes 2024, section 260C.178, subdivision 7, is amended to read:
(a) When the court has ordered the child into the care of a parent
under subdivision 1, paragraph (c), clause (1), the child protective services plan under section
260E.26 must be filed within 30 days of the filing of the juvenile protection petition under
section 260C.141, subdivision 1.
(b) When the court orders the child into foster care under subdivision 1, paragraph (c),
clause (2), and not into the care of a parent, an out-of-home placement plannew text begin summarynew text end required
under section 260C.212new text begin , subdivision 1,new text end must be filed with the court within 30 days of the
filing of a juvenile protection petition under section 260C.141, subdivision 1, when the
court orders emergency removal of the child under this section, or filed with the petition if
the petition is a review of a voluntary placement under section 260C.141, subdivision 2.new text begin
An out-of-home placement plan shall be prepared and filed with the court within 60 days
after any child is placed in foster care under section 260C.212, subdivision 1.
new text end
(c) Upon the filing of the child protective services plan under section 260E.26 or
out-of-home placement plan that has been developed jointly with the parent and in
consultation with others as required under section 260C.212, subdivision 1, the court may
approve implementation of the plan by the responsible social services agency based on the
allegations contained in the petition and any evaluations, examinations, or assessments
conducted under subdivision 1, paragraph (m). The court shall send written notice of the
approval of the child protective services plan or out-of-home placement plan to all parties
and the county attorney or may state such approval on the record at a hearing. A parent may
agree to comply with the terms of the plan filed with the court.
(d) The responsible social services agency shall make reasonable efforts to engage both
parents of the child in case planning. The responsible social services agency shall report
the results of its efforts to engage the child's parents in the child protective services plan or
out-of-home placement plan filed with the court. The agency shall notify the court of the
services it will provide or efforts it will attempt under the plan notwithstanding the parent's
refusal to cooperate or disagreement with the services. The parent may ask the court to
modify the plan to require different or additional services requested by the parent, but which
the agency refused to provide. The court may approve the plan as presented by the agency
or may modify the plan to require services requested by the parent. The court's approval
must be based on the content of the petition.
(e) Unless the parent agrees to comply with the terms of the child protective services
plan or out-of-home placement plan, the court may not order a parent to comply with the
provisions of the plan until the court finds the child is in need of protection or services and
orders disposition under section 260C.201, subdivision 1. However, the court may find that
the responsible social services agency has made reasonable efforts for reunification if the
agency makes efforts to implement the terms of the child protective services plan or
out-of-home placement plan approved under this section.
Minnesota Statutes 2024, section 260C.201, subdivision 1, is amended to read:
(a) If the court finds that the child is in need of protection
or services or neglected and in foster care, the court shall enter an order making any of the
following dispositions of the case:
(1) place the child under the protective supervision of the responsible social services
agency or child-placing agency in the home of a parent of the child under conditions
prescribed by the court directed to the correction of the child's need for protection or services:
(i) the court may order the child into the home of a parent who does not otherwise have
legal custody of the child, however, an order under this section does not confer legal custody
on that parent;
(ii) if the court orders the child into the home of a father who is not adjudicated, the
father must cooperate with paternity establishment proceedings regarding the child in the
appropriate jurisdiction as one of the conditions prescribed by the court for the child to
continue in the father's home; and
(iii) the court may order the child into the home of a noncustodial parent with conditions
and may also order both the noncustodial and the custodial parent to comply with the
requirements of a case plan under subdivision 2; deleted text begin or
deleted text end
(2) transfer legal custody to one of the following:
(i) a child-placing agency; or
(ii) the responsible social services agency. In making a foster care placement of a child
whose custody has been transferred under this subdivision, new text begin the court shall inquire about the
child's heritage, including the child's Tribal lineage pursuant to section 260.761 and their
race, culture, and ethnicity pursuant to section 260.63, subdivision 10, and new text end the agency shall
make an individualized determination of how the placement is in the child's best interests
using the placement consideration order for relatives and the best interest factors in section
260C.212, subdivision 2, and may include a child colocated with a parent in a licensed
residential family-based substance use disorder treatment program under section 260C.190;
deleted text begin or
deleted text end
(3) order a trial home visit without modifying the transfer of legal custody to the
responsible social services agency under clause (2). Trial home visit means the child is
returned to the care of the parent or guardian from whom the child was removed for a period
not to exceed six months. During the period of the trial home visit, the responsible social
services agency:
(i) shall continue to have legal custody of the child, which means that the agency may
see the child in the parent's home, at school, in a child care facility, or other setting as the
agency deems necessary and appropriate;
(ii) shall continue to have the ability to access information under section 260C.208;
(iii) shall continue to provide appropriate services to both the parent and the child during
the period of the trial home visit;
(iv) without previous court order or authorization, may terminate the trial home visit in
order to protect the child's health, safety, or welfare and may remove the child to foster care;
(v) shall advise the court and parties within three days of the termination of the trial
home visit when a visit is terminated by the responsible social services agency without a
court order; and
(vi) shall prepare a report for the court when the trial home visit is terminated whether
by the agency or court order that describes the child's circumstances during the trial home
visit and recommends appropriate orders, if any, for the court to enter to provide for the
child's safety and stability. In the event a trial home visit is terminated by the agency by
removing the child to foster care without prior court order or authorization, the court shall
conduct a hearing within ten days of receiving notice of the termination of the trial home
visit by the agency and shall order disposition under this subdivision or commence
permanency proceedings under sections 260C.503 to 260C.515. The time period for the
hearing may be extended by the court for good cause shown and if it is in the best interests
of the child as long as the total time the child spends in foster care without a permanency
hearing does not exceed 12 months;
(4) if the child has been adjudicated as a child in need of protection or services because
the child is in need of special services or care to treat or ameliorate a physical or mental
disability or emotional disturbance as defined in section 245.4871, subdivision 15, the court
may order the child's parent, guardian, or custodian to provide it. The court may order the
child's health plan company to provide mental health services to the child. Section 62Q.535
applies to an order for mental health services directed to the child's health plan company.
If the health plan, parent, guardian, or custodian fails or is unable to provide this treatment
or care, the court may order it provided. Absent specific written findings by the court that
the child's disability is the result of abuse or neglect by the child's parent or guardian, the
court shall not transfer legal custody of the child for the purpose of obtaining special
treatment or care solely because the parent is unable to provide the treatment or care. If the
court's order for mental health treatment is based on a diagnosis made by a treatment
professional, the court may order that the diagnosing professional not provide the treatment
to the child if it finds that such an order is in the child's best interests; or
(5) if the court believes that the child has sufficient maturity and judgment and that it is
in the best interests of the child, the court may order a child 16 years old or older to be
allowed to live independently, either alone or with others as approved by the court under
supervision the court considers appropriate, if the county board, after consultation with the
court, has specifically authorized this dispositional alternative for a child.
(b) If the child was adjudicated in need of protection or services because the child is a
runaway or habitual truant, the court may order any of the following dispositions in addition
to or as alternatives to the dispositions authorized under paragraph (a):
(1) counsel the child or the child's parents, guardian, or custodian;
(2) place the child under the supervision of a probation officer or other suitable person
in the child's own home under conditions prescribed by the court, including reasonable rules
for the child's conduct and the conduct of the parents, guardian, or custodian, designed for
the physical, mental, and moral well-being and behavior of the child;
(3) subject to the court's supervision, transfer legal custody of the child to one of the
following:
(i) a reputable person of good moral character. No person may receive custody of two
or more unrelated children unless licensed to operate a residential program under sections
245A.01 to 245A.16; or
(ii) a county probation officer for placement in a group foster home established under
the direction of the juvenile court and licensed pursuant to section 241.021;
(4) require the child to pay a fine of up to $100. The court shall order payment of the
fine in a manner that will not impose undue financial hardship upon the child;
(5) require the child to participate in a community service project;
(6) order the child to undergo a chemical dependency evaluation and, if warranted by
the evaluation, order participation by the child in a drug awareness program or an inpatient
or outpatient chemical dependency treatment program;
(7) if the court believes that it is in the best interests of the child or of public safety that
the child's driver's license or instruction permit be canceled, the court may order the
commissioner of public safety to cancel the child's license or permit for any period up to
the child's 18th birthday. If the child does not have a driver's license or permit, the court
may order a denial of driving privileges for any period up to the child's 18th birthday. The
court shall forward an order issued under this clause to the commissioner, who shall cancel
the license or permit or deny driving privileges without a hearing for the period specified
by the court. At any time before the expiration of the period of cancellation or denial, the
court may, for good cause, order the commissioner of public safety to allow the child to
apply for a license or permit, and the commissioner shall so authorize;
(8) order that the child's parent or legal guardian deliver the child to school at the
beginning of each school day for a period of time specified by the court; or
(9) require the child to perform any other activities or participate in any other treatment
programs deemed appropriate by the court.
To the extent practicable, the court shall enter a disposition order the same day it makes
a finding that a child is in need of protection or services or neglected and in foster care, but
in no event more than 15 days after the finding unless the court finds that the best interests
of the child will be served by granting a delay. If the child was under eight years of age at
the time the petition was filed, the disposition order must be entered within ten days of the
finding and the court may not grant a delay unless good cause is shown and the court finds
the best interests of the child will be served by the delay.
(c) If a child who is 14 years of age or older is adjudicated in need of protection or
services because the child is a habitual truant and truancy procedures involving the child
were previously dealt with by a school attendance review board or county attorney mediation
program under section 260A.06 or 260A.07, the court shall order a cancellation or denial
of driving privileges under paragraph (b), clause (7), for any period up to the child's 18th
birthday.
(d) In the case of a child adjudicated in need of protection or services because the child
has committed domestic abuse and been ordered excluded from the child's parent's home,
the court shall dismiss jurisdiction if the court, at any time, finds the parent is able or willing
to provide an alternative safe living arrangement for the child as defined in paragraph (f).
(e) When a parent has complied with a case plan ordered under subdivision 6 and the
child is in the care of the parent, the court may order the responsible social services agency
to monitor the parent's continued ability to maintain the child safely in the home under such
terms and conditions as the court determines appropriate under the circumstances.
(f) For the purposes of this subdivision, "alternative safe living arrangement" means a
living arrangement for a child proposed by a petitioning parent or guardian if a court excludes
the minor from the parent's or guardian's home that is separate from the victim of domestic
abuse and safe for the child respondent. A living arrangement proposed by a petitioning
parent or guardian is presumed to be an alternative safe living arrangement absent information
to the contrary presented to the court. In evaluating any proposed living arrangement, the
court shall consider whether the arrangement provides the child with necessary food, clothing,
shelter, and education in a safe environment. Any proposed living arrangement that would
place the child in the care of an adult who has been physically or sexually violent is presumed
unsafe.
Minnesota Statutes 2024, section 260C.201, subdivision 2, is amended to read:
(a) Any order for a disposition authorized under this section
shall contain written findings of fact to support the disposition and case plan ordered and
shall also set forth in writing the following information:
(1) why the best interests and safety of the child are served by the disposition and case
plan ordered;
(2) what alternative dispositions or services under the case plan were considered by the
court and why such dispositions or services were not appropriate in the instant case;
(3) when legal custody of the child is transferred, the appropriateness of the particular
placement made or to be made by the placing agency using the relative and sibling placement
considerations and best interest factors in section 260C.212, subdivision 2, or the
appropriateness of a child colocated with a parent in a licensed residential family-based
substance use disorder treatment program under section 260C.190;
(4) whether reasonable efforts to finalize the permanent plan for the child consistent
with section 260.012 were made including reasonable efforts:
(i) to prevent the child's placement and to reunify the child with the parent or guardian
from whom the child was removed at the earliest time consistent with the child's safety.
The court's findings must include a brief description of what preventive and reunification
efforts were made and why further efforts could not have prevented or eliminated the
necessity of removal or that reasonable efforts were not required under section 260.012 or
260C.178, subdivision 1;
(ii) to identify and locate any noncustodial or nonresident parent of the child and to
assess such parent's ability to provide day-to-day care of the child, and, where appropriate,
provide services necessary to enable the noncustodial or nonresident parent to safely provide
day-to-day care of the child as required under section 260C.219, unless such services are
not required under section 260.012 or 260C.178, subdivision 1. The court's findings must
include a description of the agency's efforts to:
(A) identify and locate the child's noncustodial or nonresident parent;
(B) assess the noncustodial or nonresident parent's ability to provide day-to-day care of
the child; and
(C) if appropriate, provide services necessary to enable the noncustodial or nonresident
parent to safely provide the child's day-to-day care, including efforts to engage the
noncustodial or nonresident parent in assuming care and responsibility of the child;
(iii) tonew text begin inquire about the child's heritage, including the child's Tribal lineage pursuant to
section 260.761 and their race, culture, and ethnicity pursuant to section 260.63, subdivision
10, andnew text end make the diligent search for relatives and provide the notices required under section
260C.221; a finding made pursuant to a hearing under section 260C.202 that the agency
has made diligent efforts to conduct a relative search and has appropriately engaged relatives
who responded to the notice under section 260C.221 and other relatives, who came to the
attention of the agency after notice under section 260C.221 was sent, in placement and case
planning decisions fulfills the requirement of this item;
(iv) to identify and make a foster care placement of the child, considering the order in
section 260C.212, subdivision 2, paragraph (a), in the home of an unlicensed relative,
according to the requirements of section 142B.06, a licensed relative, or other licensed foster
care provider, who will commit to being the permanent legal parent or custodian for the
child in the event reunification cannot occur, but who will actively support the reunification
plan for the child. If the court finds that the agency has not appropriately considered relatives
for placement of the child, the court shall order the agency to comply with section 260C.212,
subdivision 2, paragraph (a). The court may order the agency to continue considering
relatives for placement of the child regardless of the child's current placement setting; and
(v) to place siblings together in the same home or to ensure visitation is occurring when
siblings are separated in foster care placement and visitation is in the siblings' best interests
under section 260C.212, subdivision 2, paragraph (d); and
(5) if the child has been adjudicated as a child in need of protection or services because
the child is in need of special services or care to treat or ameliorate a mental disability or
emotional disturbance as defined in section 245.4871, subdivision 15, the written findings
shall also set forth:
(i) whether the child has mental health needs that must be addressed by the case plan;
(ii) what consideration was given to the diagnostic and functional assessments performed
by the child's mental health professional and to health and mental health care professionals'
treatment recommendations;
(iii) what consideration was given to the requests or preferences of the child's parent or
guardian with regard to the child's interventions, services, or treatment; and
(iv) what consideration was given to the cultural appropriateness of the child's treatment
or services.
(b) If the court finds that the social services agency's preventive or reunification efforts
have not been reasonable but that further preventive or reunification efforts could not permit
the child to safely remain at home, the court may nevertheless authorize or continue the
removal of the child.
(c) If the child has been identified by the responsible social services agency as the subject
of concurrent permanency planning, the court shall review the reasonable efforts of the
agency to develop a permanency plan for the child that includes a primary plan that is for
reunification with the child's parent or guardian and a secondary plan that is for an alternative,
legally permanent home for the child in the event reunification cannot be achieved in a
timely manner.
Minnesota Statutes 2024, section 260C.202, subdivision 2, is amended to read:
(a) If the court orders a child
placed in foster care, the court shall review the out-of-home placement plan and the child's
placement at least every 90 days as required in juvenile court rules to determine whether
continued out-of-home placement is necessary and appropriate or whether the child should
be returned home.
(b) This review is not required if the court has returned the child home, ordered the child
permanently placed away from the parent under sections 260C.503 to 260C.521, or
terminated rights under section 260C.301. Court review for a child permanently placed
away from a parent, including where the child is under guardianship of the commissioner,
is governed by section 260C.607.
(c) When a child is placed in a qualified residential treatment program setting as defined
in section 260C.007, subdivision 26d, the responsible social services agency must submit
evidence to the court as specified in section 260C.712.
(d) No later than three months after the child's placement in foster care, the court shall
review agency efforts to search for and notify relatives pursuant to section 260C.221, and
order that the agency's efforts begin immediately, or continue, if the agency has failed to
perform, or has not adequately performed, the duties under that section. The court must
order the agency to continue to appropriately engage relatives who responded to the notice
under section 260C.221 in placement and case planning decisions and to consider relatives
for foster care placement consistent with section 260C.221. Notwithstanding a court's finding
that the agency has made reasonable efforts to search for and notify relatives under section
260C.221, the court may order the agency to continue making reasonable efforts to search
for, notify, engage, and consider relatives who came to the agency's attention after sending
the initial notice under section 260C.221.
(e) The court shall review the out-of-home placement plan and may modify the plan as
provided under section 260C.201, subdivisions 6 and 7.
(f) When the court transfers the custody of a child to a responsible social services agency
resulting in foster care or protective supervision with a noncustodial parent under subdivision
1, the court shall notify the parents of the provisions of sections 260C.204 and 260C.503
to 260C.521, as required under juvenile court rules.
deleted text begin
(g) When a child remains in or returns to foster care pursuant to section 260C.451 and
the court has jurisdiction pursuant to section 260C.193, subdivision 6, paragraph (c), the
court shall at least annually conduct the review required under section 260C.203.
deleted text end
Minnesota Statutes 2024, section 260C.202, is amended by adding a subdivision
to read:
new text begin
(a) The
court must conduct a review during the 90-day period prior to the 18th birthday of a child
in foster care.
new text end
new text begin
(b) The responsible social services agency must file a written report with the court
containing or attaching the following:
new text end
new text begin
(1) the child's name, date of birth, race, gender, and current address;
new text end
new text begin
(2) whether the child is eligible for extended foster care and if not, the reason or reasons
why the child is not eligible;
new text end
new text begin
(3) a written summary describing how the child was involved in creating the child's plan
for after their 18th birthday;
new text end
new text begin
(4) the date the required extended foster care eligibility notice in section 260C.451,
subdivision 1, was provided and the child's plan after the child's 18th birthday;
new text end
new text begin
(5) the child's most recent independent living plan required under section 260C.212,
subdivision 1;
new text end
new text begin
(6) if the agency's recommendation is to extend jurisdiction up to age 19 under section
260C.193, why the extended jurisdiction is in the child's best interest;
new text end
new text begin
(7) if the agency's recommendation is to reunify the child with their parent or legal
guardian, why reunification is in the child's best interest;
new text end
new text begin
(8) if the agency plans to transition the child into adult services on or after the child's
18th birthday, a summary of the transition plan as required in section 260C.452 and how
this plan is in the child's best interest; and
new text end
new text begin
(9) if the child's plan is to leave foster care at age 18 and not continue in extended foster
care, a copy of their 180-day transition plan required in section 260C.452 and the reasons
the child is not continuing in extended foster care.
new text end
new text begin
(c) The agency must inform the child and parties to the proceeding of the reporting and
court review requirements of this subdivision and their right to request a hearing. The child
or a party to the proceeding may request a hearing if they believe the agency did not make
reasonable efforts under this subdivision.
new text end
new text begin
(d) Upon receiving the report, the court must hold a hearing when a party to the
proceeding or the child requests a hearing. In all other circumstances, the court has the
discretion to hold a hearing or issue an order without a hearing.
new text end
new text begin
(e) The court must issue an order with findings including but not limited to the following:
new text end
new text begin
(1) whether the responsible social services agency provided the notice to the child about
extended foster care as required in section 260C.451;
new text end
new text begin
(2) whether the responsible social services agency engaged with the child and
appropriately planned with the child to transition to adulthood; and
new text end
new text begin
(3) if the child has decided to not continue in the extended foster care program at age
18, whether the responsible social services agency informed the child that they can reenter
extended foster care up to age 21 or that the child is not eligible to reenter and why.
new text end
Minnesota Statutes 2024, section 260C.202, is amended by adding a subdivision
to read:
new text begin
When a child remains
in or returns to foster care pursuant to section 260C.451 and the court has jurisdiction
pursuant to section 260C.193, subdivision 6, paragraph (c), the court must at least annually
conduct the review required under section 260C.203.
new text end
Minnesota Statutes 2024, section 260C.204, is amended to read:
(a) When a child continues in placement out of the home of the parent or guardian from
whom the child was removed, no later than six months after the child's placement the court
shall conduct a permanency progress hearing to review:
(1) the progress of the case, the parent's progress on the case plan or out-of-home
placement plan, whichever is applicable;
(2) the agency's reasonable, or in the case of an Indian child, active efforts for
reunification and its provision of services;
(3) the agency's reasonable efforts to finalize the permanent plan for the child under
section 260.012, paragraph (e), and to make a placement as required under section 260C.212,
subdivision 2, in a home that will commit to being the legally permanent family for the
child in the event the child cannot return home according to the timelines in this section;
and
(4) in the case of an Indian child, active efforts to prevent the breakup of the Indian
family and to make a placement according to the placement preferences under United States
Code, title 25, chapter 21, section 1915.
(b) When a child is placed in a qualified residential treatment program setting as defined
in section 260C.007, subdivision 26d, the responsible social services agency must submit
evidence to the court as specified in section 260C.712.
(c) The court shall ensure that notice of the hearing is sent to any relative who:
(1) responded to the agency's notice provided under section 260C.221, indicating an
interest in participating in planning for the child or being a permanency resource for the
child and who has kept the court apprised of the relative's address; or
(2) asked to be notified of court proceedings regarding the child as is permitted in section
260C.152, subdivision 5.
(d)(1) If the parent or guardian has maintained contact with the child and is complying
with the court-ordered out-of-home placement plan, and if the child would benefit from
reunification with the parent, the court may either:
(i) return the child home, if the conditions that led to the out-of-home placement have
been sufficiently mitigated that it is safe and in the child's best interests to return home; or
(ii) continue the matter up to a total of six additional months. If the child has not returned
home by the end of the additional six months, the court must conduct a hearing according
to sections 260C.503 to 260C.521.
(2) If the court determines that the parent or guardian is not complying, is not making
progress with or engaging with services in the out-of-home placement plan, or is not
maintaining regular contact with the child as outlined in the visitation plan required as part
of the out-of-home placement plan under section 260C.212, the court may order the
responsible social services agency:
(i) to develop a plan for legally permanent placement of the child away from the parent;
(ii) to consider, identify, recruit, and support one or more permanency resources from
the child's relatives and foster parent, consistent with new text begin clause (3) and new text end section 260C.212,
subdivision 2, paragraph (a), to be the legally permanent home in the event the child cannot
be returned to the parent. Any relative or the child's foster parent may ask the court to order
the agency to consider them for permanent placement of the child in the event the child
cannot be returned to the parent. A relative or foster parent who wants to be considered
under this item shall cooperate with the background study required under section 245C.08,
if the individual has not already done so, and with the home study process required under
chapter 142B for providing child foster care and for adoption under section 259.41. The
home study referred to in this item shall be a single-home study in the form required by the
commissioner of children, youth, and families or similar study required by the individual's
state of residence when the subject of the study is not a resident of Minnesota. The court
may order the responsible social services agency to make a referral under the Interstate
Compact on the Placement of Children when necessary to obtain a home study for an
individual who wants to be considered for transfer of permanent legal and physical custody
or adoption of the child; and
(iii) to file a petition to support an order for the legally permanent placement plan.
new text begin
(3) Consistent with section 260C.223, subdivision 2, paragraph (b), the responsible social
services agency must not define a foster family as the permanent home for a child until:
new text end
new text begin
(i) inquiry and Tribal notice requirements under section 260.761, subdivisions 1 and 2,
are satisfied;
new text end
new text begin
(ii) inquiry about the child's heritage, including their race, culture, and ethnicity pursuant
to section 260.63, subdivision 10, has been completed; and
new text end
new text begin
(iii) the court has determined that reasonable or active efforts toward completing the
relative search requirements in section 260C.221 have been made.
new text end
(e) Following the review under this section:
(1) if the court has either returned the child home or continued the matter up to a total
of six additional months, the agency shall continue to provide services to support the child's
return home or to make reasonable efforts to achieve reunification of the child and the parent
as ordered by the court under an approved case plan;
(2) if the court orders the agency to develop a plan for the transfer of permanent legal
and physical custody of the child to a relative, a petition supporting the plan shall be filed
in juvenile court within 30 days of the hearing required under this section and a trial on the
petition held within 60 days of the filing of the pleadings; or
(3) if the court orders the agency to file a termination of parental rights, unless the county
attorney can show cause why a termination of parental rights petition should not be filed,
a petition for termination of parental rights shall be filed in juvenile court within 30 days
of the hearing required under this section and a trial on the petition held within 60 days of
the filing of the petition.
Minnesota Statutes 2024, section 260C.212, subdivision 1, is amended to read:
deleted text begin
(a) An out-of-home placement plan shall
be prepared within 30 days after any child is placed in foster care by court order or a
deleted text end
deleted text begin
voluntary placement agreement between the responsible social services agency and the
child's parent pursuant to section 260C.227 or chapter
deleted text end
deleted text begin
260D
deleted text end
deleted text begin
.
deleted text end
deleted text begin (b)deleted text end new text begin (a)new text end An out-of-home placement plan means a written document individualized to the
needs of the child and the child's parents or guardians that is prepared by the responsible
social services agencynew text begin using a form developed by the commissioner. The plan must be
completednew text end jointly with the child's parents or guardians and in consultation with the child's
guardian ad litem; the child's tribe, if the child is an Indian child; the child's foster parent
or representative of the foster care facility; and, when appropriate, the child. When a child
is age 14 or older, the child may include two other individuals on the team preparing the
child's out-of-home placement plan. The child may select one member of the case planning
team to be designated as the child's advisor and to advocate with respect to the application
of the reasonable and prudent parenting standards. The responsible social services agency
may reject an individual selected by the child if the agency has good cause to believe that
the individual would not act in the best interest of the child. For a child in voluntary foster
care for treatment under chapter 260D, preparation of the out-of-home placement plan shall
additionally include the child's mental health treatment provider. For a child 18 years of
age or older, the responsible social services agency shall involve the child and the child's
parents as appropriate. As appropriate, the plan shall be:
(1) submitted to the court for approval under section 260C.178, subdivision 7;
(2) ordered by the court, either as presented or modified after hearing, under section
260C.178, subdivision 7, or 260C.201, subdivision 6; and
(3) signed by the parent or parents or guardian of the child, the child's guardian ad litem,
a representative of the child's tribe, the responsible social services agency, and, if possible,
the child.
new text begin
(b) Before an out-of-home placement plan is signed by the parent or parents or guardian
of the child, the responsible social services agency must provide the parent or parents or
guardian with a one- to two-page summary of the plan using a form developed by the
commissioner. The out-of-home placement plan summary must clearly summarize the plan's
contents under paragraph (d) and list the requirements and responsibilities for the parent or
parents or guardian using plain language. The summary must be updated and provided to
the parent or parents or guardian when the out-of-home placement plan is updated under
subdivision 1a.
new text end
new text begin
(c) An out-of-home placement plan summary shall be prepared within 30 days after any
child is placed in foster care by court order or voluntary placement agreement between the
responsible social services agency and the child's parent pursuant to section 260C.227 or
chapter 260D. An out-of-home placement plan shall be prepared within 60 days after any
child is placed in foster care by court order or a voluntary placement agreement between
the responsible social services agency and the child's parent pursuant to section 260C.227
or chapter 260D.
new text end
deleted text begin (c)deleted text end new text begin (d)new text end The out-of-home placement plan shall be explained by the responsible social
services agency to all persons involved in the plan's implementation, including the child
who has signed the plan, and shall set forth:
(1) a description of the foster care home or facility selected, including how the
out-of-home placement plan is designed to achieve a safe placement for the child in the
least restrictive, most family-like setting available that is in close proximity to the home of
the child's parents or guardians when the case plan goal is reunification; and how the
placement is consistent with the best interests and special needs of the child according to
the factors under subdivision 2, paragraph (b);
new text begin
(2) a description of the services offered and provided to prevent removal of the child
from the home;
new text end
deleted text begin (2)deleted text end new text begin (3)new text end the specific reasons for the placement of the child in foster care, and when
reunification is the plan, a description of the problems or conditions in the home of the
parent or parents that necessitated removal of the child from home and new text begin the services offered
and provided to support new text end the changes the parent or parents must make for the child to safely
return homedeleted text begin ;
deleted text end
deleted text begin (3) a description of the services offered and provided to prevent removal of the child
from the homedeleted text end and to reunify the family including:
(i) the specific actions to be taken by the parent or parents of the child to eliminate or
correct the problems or conditions identified in clause (2), and the time period during which
the actions are to be taken; and
(ii) the reasonable efforts, or in the case of an Indian child, active efforts to be made to
achieve a safe and stable home for the child including social and other supportive services
to be provided or offered to the parent or parents or guardian of the child, the child, and the
residential facility during the period the child is in the residential facility;
(4) a description of any services or resources that were requested by the child or the
child's parent, guardian, foster parent, or custodian since the date of the child's placement
in the residential facility, and whether those services or resources were provided and if not,
the basis for the denial of the services or resources;
(5) the visitation plan for the parent or parents or guardian, other relatives as defined in
section 260C.007, subdivision 26b or 27, and siblings of the child if the siblings are not
placed together in foster care, and whether visitation is consistent with the best interest of
the child, during the period the child is in foster care;
(6) when a child cannot return to or be in the care of either parent, documentation of
steps to finalize new text begin permanency through either:
new text end
new text begin (i) new text end adoption as the permanency plan for the child through reasonable efforts to place the
child for adoption pursuant to section 260C.605. At a minimum, the documentation must
include consideration of whether adoption is in the best interests of the child and
child-specific recruitment efforts such as a relative search, consideration of relatives for
adoptive placement, and the use of state, regional, and national adoption exchanges to
facilitate orderly and timely placements in and outside of the state. A copy of this
documentation shall be provided to the court in the review required under section 260C.317,
subdivision 3, paragraph (b);new text begin or
new text end
deleted text begin (7) when a child cannot return to or be in the care of either parent, documentation of
steps to finalizedeleted text end new text begin (ii)new text end the transfer of permanent legal and physical custody to a relative as the
permanency plan for the child. This documentation must support the requirements of the
kinship placement agreement under section 142A.605 and must include the reasonable
efforts used to determine that it is not appropriate for the child to return home or be adopted,
and reasons why permanent placement with a relative through a Northstar kinship assistance
arrangement is in the child's best interest; how the child meets the eligibility requirements
for Northstar kinship assistance payments; agency efforts to discuss adoption with the child's
relative foster parent and reasons why the relative foster parent chose not to pursue adoption,
if applicable; and agency efforts to discuss with the child's parent or parents the permanent
transfer of permanent legal and physical custody or the reasons why these efforts were not
made;
deleted text begin (8)deleted text end new text begin (7)new text end efforts to ensure the child's educational stability while in foster care for a child
who attained the minimum age for compulsory school attendance under state law and is
enrolled full time in elementary or secondary school, or instructed in elementary or secondary
education at home, or instructed in an independent study elementary or secondary program,
or incapable of attending school on a full-time basis due to a medical condition that is
documented and supported by regularly updated information in the child's case plan.
Educational stability efforts include:
(i) efforts to ensure that the child remains in the same school in which the child was
enrolled prior to placement or upon the child's move from one placement to another, including
efforts to work with the local education authorities to ensure the child's educational stability
and attendance; or
(ii) if it is not in the child's best interest to remain in the same school that the child was
enrolled in prior to placement or move from one placement to another, efforts to ensure
immediate and appropriate enrollment for the child in a new school;
deleted text begin (9)deleted text end new text begin (8)new text end the educational records of the child including the most recent information available
regarding:
(i) the names and addresses of the child's educational providers;
(ii) the child's grade level performance;
(iii) the child's school record;
(iv) a statement about how the child's placement in foster care takes into account
proximity to the school in which the child is enrolled at the time of placement; and
(v) any other relevant educational information;
deleted text begin (10)deleted text end new text begin (9)new text end the efforts by the responsible social services agency to deleted text begin ensuredeleted text end new text begin support the child's
well-being by ensuringnew text end the oversight and continuity of health care services for the foster
childnew text begin and documenting their health recordnew text end , including:
(i) the plan to schedule the child's initial health screens;
(ii) how the child's known medical problems and identified needs from the screens,
including any known communicable diseases, as defined in section 144.4172, subdivision
2, shall be monitored and treated while the child is in foster care;
(iii) how the child's medical information shall be updated and shared, including the
child's immunizations;
(iv) who is responsible to coordinate and respond to the child's health care needs,
including the role of the parent, the agency, and the foster parent;
(v) who is responsible for oversight of the child's prescription medications;
(vi) how physicians or other appropriate medical and nonmedical professionals shall be
consulted and involved in assessing the health and well-being of the child and determine
the appropriate medical treatment for the child; deleted text begin and
deleted text end
(vii) the responsibility to ensure that the child has access to medical care through either
medical insurance or medical assistance;new text begin and
new text end
deleted text begin (11) the health records of the child includingdeleted text end new text begin (viii)new text end information available regarding:
deleted text begin (i)deleted text end new text begin (A)new text end the names and addresses of the child's health care and dental care providers;
deleted text begin (ii)deleted text end new text begin (B)new text end a record of the child's immunizations;
deleted text begin (iii)deleted text end new text begin (C)new text end the child's known medical problems, including any known communicable
diseases as defined in section 144.4172, subdivision 2;
deleted text begin (iv)deleted text end new text begin (D)new text end the child's medications; and
deleted text begin (v)deleted text end new text begin (E)new text end any other relevant health care information such as the child's eligibility for medical
insurance or medical assistance;
deleted text begin (12)deleted text end new text begin (10)new text end an independent living plan for a child 14 years of age or older, developed in
consultation with the child. The child may select one member of the case planning team to
be designated as the child's advisor and to advocate with respect to the application of the
reasonable and prudent parenting standards in subdivision 14. The plan should include, but
not be limited to, the following objectives:
(i) educational, vocational, or employment planning;
(ii) health care planning and medical coverage;
(iii) transportation including, where appropriate, assisting the child in obtaining a driver's
license;
(iv) money management, including the responsibility of the responsible social services
agency to ensure that the child annually receives, at no cost to the child, a consumer report
as defined under section 13C.001 and assistance in interpreting and resolving any inaccuracies
in the report;
(v) planning for housing;
(vi) social and recreational skills;
(vii) establishing and maintaining connections with the child's family and community;
and
(viii) regular opportunities to engage in age-appropriate or developmentally appropriate
activities typical for the child's age group, taking into consideration the capacities of the
individual child;
deleted text begin (13)deleted text end new text begin (11)new text end for a child in voluntary foster care for treatment under chapter 260D, diagnostic
and assessment information, specific services relating to meeting the mental health care
needs of the child, and treatment outcomes;
deleted text begin (14)deleted text end new text begin (12)new text end for a child 14 years of age or older, a signed acknowledgment that describes
the child's rights regarding education, health care, visitation, safety and protection from
exploitation, and court participation; receipt of the documents identified in section 260C.452;
and receipt of an annual credit report. The acknowledgment shall state that the rights were
explained in an age-appropriate manner to the child; and
deleted text begin (15)deleted text end new text begin (13)new text end for a child placed in a qualified residential treatment program, the plan must
include the requirements in section 260C.708.
deleted text begin (d)deleted text end new text begin (e)new text end The parent or parents or guardian and the child each shall have the right to legal
counsel in the preparation of the case plan and shall be informed of the right at the time of
placement of the child. The child shall also have the right to a guardian ad litem. If unable
to employ counsel from their own resources, the court shall appoint counsel upon the request
of the parent or parents or the child or the child's legal guardian. The parent or parents may
also receive assistance from any person or social services agency in preparation of the case
plan.
deleted text begin
(e) Before an out-of-home placement plan is signed by the parent or parents or guardian
of the child, the responsible social services agency must provide the parent or parents or
guardian with a one- to two-page summary of the plan using a form developed by the
commissioner. The out-of-home placement plan summary must clearly summarize the plan's
contents under paragraph (c) and list the requirements and responsibilities for the parent or
deleted text end
deleted text begin
parents or guardian using plain language. The summary must be updated and provided to
the parent or parents or guardian when the out-of-home placement plan is updated under
subdivision 1a.
deleted text end
(f) After the plan has been agreed upon by the parties involved or approved or ordered
by the court, the foster parents shall be fully informed of the provisions of the case plan and
shall be provided a copy of the plan.
(g) Upon the child's discharge from foster care, the responsible social services agency
must provide the child's parent, adoptive parent, or permanent legal and physical custodian,
and the child, if the child is 14 years of age or older, with a current copy of the child's health
and education record. If a child meets the conditions in subdivision 15, paragraph (b), the
agency must also provide the child with the child's social and medical history. The responsible
social services agency may give a copy of the child's health and education record and social
and medical history to a child who is younger than 14 years of age, if it is appropriate and
if subdivision 15, paragraph (b), applies.
Minnesota Statutes 2024, section 260C.212, subdivision 1a, is amended to read:
(a) Within 30 days of placing the child
in foster care, the agency mustnew text begin complete the child's out-of-home placement plan summary
and file it with the court. Within 60 days of placing the child in foster care, the agency mustnew text end
file the child's initial out-of-home placement plan with the court. After filing the child's
deleted text begin initialdeleted text end out-of-home placement plan, the agency shall update and file the child's out-of-home
placement plan with the court as follows:
(1) when the agency moves a child to a different foster care setting, the agency shall
inform the court within 30 days of the child's placement change or court-ordered trial home
visit. The agency must file the child's updatednew text begin out-of-home placement plan summary andnew text end
out-of-home placement plan with the court at the next required review hearing;
(2) when the agency places a child in a qualified residential treatment program as defined
in section 260C.007, subdivision 26d, or moves a child from one qualified residential
treatment program to a different qualified residential treatment program, the agency must
update the child's out-of-home placement plan within 60 days. To meet the requirements
of section 260C.708, the agency must file the child's out-of-home placement plan along
with the agency's report seeking the court's approval of the child's placement at a qualified
residential treatment program under section 260C.71. After the court issues an order, the
agency must update the child's out-of-home placement plan to document the court's approval
or disapproval of the child's placement in a qualified residential treatment program;
(3) when the agency places a child with the child's parent in a licensed residential
family-based substance use disorder treatment program under section 260C.190, the agency
must identify the treatment program where the child will be placed in the child's out-of-home
placement plan prior to the child's placement. The agency must file the child'snew text begin out-of-home
placement plan summary andnew text end out-of-home placement plan with the court at the next required
review hearing; and
(4) under sections 260C.227 and 260C.521, the agency must update the child'snew text begin
out-of-home placement plan summary andnew text end out-of-home placement plan and file the child's
out-of-home placement plan with the court.
(b) When none of the items in paragraph (a) apply, the agency must update the child'snew text begin
out-of-home placement plan summary andnew text end out-of-home placement plan no later than 180
days after the child's initial placement and every six months thereafter, consistent with
section 260C.203, paragraph (a).
Minnesota Statutes 2024, section 260C.221, subdivision 2, is amended to read:
(a) The agency may provide oral or written
notice to a child's relatives. In the child's case record, the agency must document providing
the required notice to each of the child's relatives. The responsible social services agency
must notify relatives:
(1) of the need for a foster home for the child, the option to become a placement resource
for the child, the order of placement that the agency will consider under section 260C.212,
subdivision 2, paragraph (a), and the possibility of the need for a permanent placement for
the child;
(2) of their responsibility to keep the responsible social services agency and the court
informed of their current address in order to receive notice in the event that a permanent
placement is sought for the child and to receive notice of the permanency progress review
hearing under section 260C.204. A relative who fails to provide a current address to the
responsible social services agency and the court forfeits the right to receive notice of the
possibility of permanent placement and of the permanency progress review hearing under
section 260C.204, until the relative provides a current address to the responsible social
services agency and the court. A decision by a relative not to be identified as a potential
permanent placement resource or participate in planning for the child shall not affect whether
the relative is considered for placement of, or as a permanency resource for, the child with
that relative at any time in the case, and shall not be the sole basis for the court to rule out
the relative as the child's placement or permanency resource;
(3) that the relative may participate in the care and planning for the child, as specified
in subdivision 3, including that the opportunity for such participation may be lost by failing
to respond to the notice sent under this subdivision;
(4) of the family foster care licensing and adoption home study requirementsnew text begin and supportsnew text end ,
including deleted text begin how to complete an application and how to request a variance from licensing
standards that do not present a safety or health risk to the child in the home under section
142B.10 and supports that are available for relatives and children who reside in a family
foster home;deleted text end new text begin :
new text end
new text begin
(i) the choice between county or private agency licensing and services under section
142B.05, subdivision 3;
new text end
new text begin
(ii) how to complete an application;
new text end
new text begin
(iii) how to request a variance from licensing standards that do not present a safety or
health risk to the child in the home under section 142B.10; and
new text end
new text begin
(iv) supports that are available for relatives and children who reside in a family foster
home, including but not limited to ways to include resource or substitute caregivers in the
child's case plan, strategies for leveraging the child and family's natural supports, and how
to access legal services and support and respite care;
new text end
(5) of the relatives' right to ask to be notified of any court proceedings regarding the
child, to attend the hearings, and of a relative's right to be heard by the court as required
under section 260C.152, subdivision 5;
(6) that regardless of the relative's response to the notice sent under this subdivision, the
agency is required to establish permanency for a child, including planning for alternative
permanency options if the agency's reunification efforts fail or are not required; and
(7) that by responding to the notice, a relative may receive information about participating
in a child's family and permanency team if the child is placed in a qualified residential
treatment program as defined in section 260C.007, subdivision 26d.
(b) The responsible social services agency shall send the notice required under paragraph
(a) to relatives who become known to the responsible social services agency, except for
relatives that the agency does not contact due to safety reasons under subdivision 5, paragraph
(b). The responsible social services agency shall continue to send notice to relatives
notwithstanding a court's finding that the agency has made reasonable efforts to conduct a
relative search.
(c) The responsible social services agency is not required to send the notice under
paragraph (a) to a relative who becomes known to the agency after an adoption placement
agreement has been fully executed under section 260C.613, subdivision 1. If the relative
wishes to be considered for adoptive placement of the child, the agency shall inform the
relative of the relative's ability to file a motion for an order for adoptive placement under
section 260C.607, subdivision 6.
new text begin
This section is effective January 1, 2026.
new text end
Minnesota Statutes 2024, section 260C.223, subdivision 1, is amended to read:
(a) The commissioner of children, youth, and families
shall establish a program for concurrent permanency planning for child protection services.
(b) Concurrent permanency planning involves a planning process for children who are
placed out of the home of their parents pursuant to a court order, or who have been voluntarily
placed out of the home by the parents for 60 days or more and who are not developmentally
disabled or emotionally disabled under section 260C.212, subdivision 9. The responsible
social services agency shall develop an alternative permanency plan while making reasonable
efforts for reunification of the child with the family, if required by section 260.012. The
goals of concurrent permanency planning are to:
(1) achieve early permanency for children;
(2) decrease children's length of stay in foster care and reduce the number of moves
children experience in foster care; and
(3) deleted text begin develop a group of familiesdeleted text end new text begin establish a foster parent for a childnew text end who will work deleted text begin towardsdeleted text end new text begin
towardnew text end reunification and also serve as new text begin a new text end permanent deleted text begin familiesdeleted text end new text begin familynew text end for children.
Minnesota Statutes 2024, section 260C.223, subdivision 2, is amended to read:
new text begin (a) new text end The commissioner shall establish
guidelines and protocols for social services agencies involved in concurrent permanency
planning, including criteria for conducting concurrent permanency planning based on relevant
factors such as:
(1) age of the child and duration of out-of-home placement;
(2) prognosis for successful reunification with parents;
(3) availability of relatives and other concerned individuals to provide support or a
permanent placement for the child; and
(4) special needs of the child and other factors affecting the child's best interests.
new text begin (b) new text end In developing the guidelines and protocols, the commissioner shall consult with
interest groups within the child protection system, including child protection workers, child
protection advocates, county attorneys, law enforcement, community service organizations,
the councils of color, and the ombudsperson for families.
new text begin
(c) The responsible social services agency must not make a foster family the permanent
home for a child until:
new text end
new text begin
(1) inquiry and Tribal notice requirements under section 260.761, subdivisions 1 and 2,
are satisfied;
new text end
new text begin
(2) inquiry about the child's heritage, including their race, culture, and ethnicity pursuant
to section 260.63, subdivision 10, has been completed; and
new text end
new text begin
(3) the court has determined that reasonable or active efforts toward completing the
relative search requirements in section 260C.221 have been made.
new text end
Minnesota Statutes 2024, section 260C.329, subdivision 3, is amended to read:
new text begin (a) new text end The new text begin following individuals may file a petition for the reestablishment
of the legal parent and child relationship:
new text end
new text begin (1) new text end county attorneydeleted text begin ,deleted text end new text begin ;
new text end
new text begin (2)new text end a parent whose parental rights were terminated under a previous order of the courtdeleted text begin ,deleted text end new text begin ;
new text end
new text begin
(3) a parent whose voluntary consent to adoption was accepted by the court and:
new text end
new text begin
(i) the identified prospective adoptive parent did not finalize the adoption; or
new text end
new text begin
(ii) the adoption finalized but subsequently dissolved and the child returned to foster
care and guardianship of the commissioner;
new text end
new text begin (4) new text end a child who is ten years of age or olderdeleted text begin ,deleted text end new text begin ;
new text end
new text begin (5)new text end the responsible social services agencydeleted text begin ,deleted text end new text begin ;new text end or
new text begin (6)new text end a guardian ad litem deleted text begin may file a petition for the reestablishment of the legal parent and
child relationshipdeleted text end .
new text begin (b)new text end A parent filing a petition under this section shall pay a filing fee in the amount
required under section 357.021, subdivision 2, clause (1). The filing fee may be waived
pursuant to chapter 563. A petition for the reestablishment of the legal parent and child
relationship may be filed when:
(1) the parent has corrected the conditions that led to an order terminating parental rights;
(2) the parent is willing and has the capability to provide day-to-day care and maintain
the health, safety, and welfare of the child;
(3) the child has been in foster care for at least 24 months after the court issued the order
terminating parental rights;
(4) the child deleted text begin hasdeleted text end new text begin isnew text end not deleted text begin beendeleted text end new text begin currentlynew text end adopted; and
(5) the child is not the subject of a written adoption placement agreement between the
responsible social services agency and the prospective adoptive parent, as required under
Minnesota Rules, part 9560.0060, subpart 2.
Minnesota Statutes 2024, section 260C.329, subdivision 8, is amended to read:
The court may grant the petition ordering the reestablishment of the
legal parent and child relationship only if it finds by clear and convincing evidence that:
(1) reestablishment of the legal parent and child relationship is in the child's best interests;
(2) the child deleted text begin hasdeleted text end new text begin isnew text end not deleted text begin beendeleted text end new text begin currentlynew text end adopted;
(3) the child is not the subject of a written adoption placement agreement between the
responsible social services agency and the prospective adoptive parent, as required under
Minnesota Rules, part 9560.0060, subpart 2;
(4) at least 24 months have elapsed following a final order terminating parental rights
and the child remains in foster care;
(5) the child desires to reside with the parent;
(6) the parent has corrected the conditions that led to an order terminating parental rights;
and
(7) the parent is willing and has the capability to provide day-to-day care and maintain
the health, safety, and welfare of the child.
Minnesota Statutes 2024, section 260C.451, subdivision 9, is amended to read:
(a) The court deleted text begin shalldeleted text end new text begin mustnew text end
conduct reviews at least annually to ensure the responsible social services agency is making
reasonable efforts to finalize the permanency plan for the child.
new text begin
(b) The responsible social services agency must file a written report with the court
containing or attaching the following:
new text end
new text begin
(1) the child's name, date of birth, race, gender, and current address;
new text end
new text begin
(2) a written summary describing planning with the child, including supports and services
to ensure the child's safety, housing stability, well-being needs, and independent living
skills;
new text end
new text begin
(3) the child's most recent out-of-home placement plan and independent living plan
required under section 260C.212, subdivision 1;
new text end
new text begin
(4) if the child's plan is to not continue in extended foster care or if the child will reach
age 21 before the next review, a copy of their 180-day transition plan as required in section
260C.452, subdivision 4; and
new text end
new text begin
(5) if the agency plans to transition the child into adult services, a summary of the
transition plan as required in section 260C.452, subdivision 4, and how this plan is in the
child's best interest.
new text end
deleted text begin (b)deleted text end new text begin (c)new text end The court deleted text begin shalldeleted text end new text begin mustnew text end find that the responsible social services agency is making
reasonable efforts to finalize the permanency plan for the child when the responsible social
services agency:
(1) provides appropriate support to the child and new text begin caregiver or new text end foster deleted text begin care providerdeleted text end new text begin parentnew text end
to ensure continuing stability and success in placement;
(2) works with the child to plan for transition to adulthood and assists the child in
demonstrating progress in achieving related goals;
(3) works with the child to plan for independent living skills and assists the child in
demonstrating progress in achieving independent living goals; and
(4) prepares the child for independence according to sections 260C.203, paragraph (d),
and 260C.452, subdivision 4.
deleted text begin (c)deleted text end new text begin (d)new text end The responsible social services agency must ensure that an administrative review
that meets the requirements of this section and section 260C.203 is completed at least six
months after each of the court's annual reviews.
Minnesota Statutes 2024, section 260C.452, subdivision 4, is amended to read:
(a) When the youth is 14 years
of age or older, the court, in consultation with the youth, shall review the youth's independent
living plan according to section 260C.203, paragraph (d).
(b) The responsible social services agency shall file a copy of the notification of foster
care benefits for a youth who is 18 years of age or older according to section 260C.451,
subdivision 1, with the court. If the responsible social services agency does not file the
notice by the time the youth is 17-1/2 years of age, the court shall require the responsible
social services agency to file the notice.
(c) When a youth is 18 years of age or older, the court shall ensure that the responsible
social services agency assists the youth in obtaining the following documents before the
youth leaves foster care: a Social Security card; an official or certified copy of the youth's
birth certificate; a state identification card or driver's license, Tribal enrollment identification
card, deleted text begin greendeleted text end new text begin permanent residentnew text end card, or school visa; health insurance information; the youth's
school, medical, and dental records; a contact list of the youth's medical, dental, and mental
health providers; and contact information for the youth's siblings, if the siblings are in foster
care.
(d) For a youth who will be discharged from foster care at 18 years of age or older
because the youth is not eligible for extended foster care benefits or chooses to leave foster
care, the responsible social services agency must develop a personalized transition plan as
directed by the youth during the 180-day period immediately prior to the expected date of
discharge. The transition plan must be as detailed as the youth elects and include specific
options, including but not limited to:
(1) affordable housing with necessary supports that does not include a homeless shelter;
(2) health insurance, including eligibility for medical assistance as defined in section
256B.055, subdivision 17;
(3) education, including application to the Education and Training Voucher Program;
(4) local opportunities for mentors and continuing support services;
(5) workforce supports and employment services;
(6) a copy of the youth's consumer credit report as defined in section 13C.001 and
assistance in interpreting and resolving any inaccuracies in the report, at no cost to the youth;
(7) information on executing a health care directive under chapter 145C and on the
importance of designating another individual to make health care decisions on behalf of the
youth if the youth becomes unable to participate in decisions;
(8) appropriate contact information through 21 years of age if the youth needs information
or help dealing with a crisis situation; and
(9) official documentation that the youth was previously in foster care.
Minnesota Statutes 2024, section 260E.03, subdivision 15, is amended to read:
(a) "Neglect" means the commission or omission of any of the acts
specified under clauses (1) to (8), other than by accidental means:
(1) failure by a person responsible for a child's care to supply a child with necessary
food, clothing, shelter, health, medical, or other care required for the child's physical or
mental health when reasonably able to do so;
(2) failure to protect a child from conditions or actions that seriously endanger the child's
physical or mental health when reasonably able to do so, including a growth delay, which
may be referred to as a failure to thrive, that has been diagnosed by a physician and is due
to parental neglect;
(3) failure to provide for necessary supervision or child care arrangements appropriate
for a child after considering factors as the child's age, mental ability, physical condition,
length of absence, or environment, when the child is unable to care for the child's own basic
needs or safety, or the basic needs or safety of another child in their care;
(4) failure to ensure that the child is educated as defined in sections 120A.22 and
260C.163, subdivision 11, which does not include a parent's refusal to provide the parent's
child with sympathomimetic medications, consistent with section 125A.091, subdivision
5;
(5) prenatal exposure to a controlled substance, as defined in section 253B.02, subdivision
2, used by the mother for a nonmedical purpose, as evidenced by withdrawal symptoms in
the child at birth, results of a toxicology test performed on the mother at delivery or the
child at birth, medical effects or developmental delays during the child's first year of life
that medically indicate prenatal exposure to a controlled substance, or the presence of a
fetal alcohol spectrum disorder;
(6) medical neglect, as defined in section 260C.007, subdivision 6, clause (5);
(7) chronic and severe use of alcohol or a controlled substance by a person responsible
for the child's care that adversely affects the child's basic needs and safety; or
(8) emotional harm from a pattern of behavior that contributes to impaired emotional
functioning of the child which may be demonstrated by a substantial and observable effect
in the child's behavior, emotional response, or cognition that is not within the normal range
for the child's age and stage of development, with due regard to the child's culture.
(b) Nothing in this chapter shall be construed to mean that a child is neglected solely
because the child's parent, guardian, or other person responsible for the child's care in good
faith selects and depends upon spiritual means or prayer for treatment or care of disease or
remedial care of the child in lieu of medical care.
(c) This chapter does not impose upon persons not otherwise legally responsible for
providing a child with necessary food, clothing, shelter, education, or medical care a duty
to provide that care.
new text begin
(d) Nothing in this chapter shall be construed to mean that a child who has a mental,
physical, or emotional condition is neglected solely because the child remains in an
emergency department or hospital setting because services, including residential treatment,
that are deemed necessary by the child's medical or mental health care professional or county
case manager are not available to the child's parent, guardian, or other person responsible
for the child's care, and the child cannot be safely discharged to the child's family.
new text end
Minnesota Statutes 2024, section 260E.09, is amended to read:
(a) An oral report shall be made immediately by telephone or otherwise. An oral report
made by a person required under section 260E.06, subdivision 1, to report shall be followed
within 72 hours, exclusive of weekends and holidays, by a report in writing to the appropriate
police department, the county sheriff, the agency responsible for assessing or investigating
the report, or the local welfare agency.
(b) Any report shall be of sufficient content to identify the child, any person believed
to be responsible for the maltreatment of the child if the person is known, the nature and
extent of the maltreatment, and the name and address of the reporter. The local welfare
agency or agency responsible for assessing or investigating the report shall accept a report
made under section 260E.06 notwithstanding refusal by a reporter to provide the reporter's
name or address as long as the report is otherwise sufficient under this paragraph.new text begin The local
welfare agency or agency responsible for assessing or investigating the report shall ask the
reporter if the reporter is aware of the child or family heritage, including the child's Tribal
lineage pursuant to section 260.761 and their race, culture, and ethnicity pursuant to section
260.63, subdivision 10.
new text end
(c) Notwithstanding paragraph (a), upon implementation of the provider licensing and
reporting hub, an individual who has an account with the provider licensing and reporting
hub and is required to report suspected maltreatment at a licensed program under section
260E.06, subdivision 1, may submit a written report in the hub in a manner prescribed by
the commissioner and is not required to make an oral report. A report submitted through
the provider licensing and reporting hub must be made immediately.
Minnesota Statutes 2024, section 260E.14, subdivision 2, is amended to read:
(a) The local welfare agency is the agency responsible for
investigating an allegation of sexual abusenew text begin , including if the alleged sexual abuse occurred
in another state or country but the child's residence is in Minnesota,new text end if the alleged offender
is the parent, guardian, sibling, or an individual functioning within the family unit as a
person responsible for the child's care, or a person with a significant relationship to the child
if that person resides in the child's household.
(b) The local welfare agency is also responsible for assessing or investigating when a
child is identified as a victim of sex trafficking.
Minnesota Statutes 2024, section 260E.14, subdivision 3, is amended to read:
(a) The local welfare agency
is responsible for deleted text begin immediatelydeleted text end conducting a family assessment or investigation if the report
alleges neglect or physical abuse by a parent, guardian, or individual functioning within the
family unit as a person responsible for the child's carenew text begin , including if the alleged neglect or
physical abuse occurred in another state or country but the child's residence is in Minnesotanew text end .
(b) The local welfare agency is also responsible for conducting a family assessment or
investigation when a child is identified as a victim of labor trafficking.
Minnesota Statutes 2024, section 260E.20, subdivision 1, is amended to read:
(a) The local welfare agency shall offer services to
prevent future maltreatment, safeguarding and enhancing the welfare of the maltreated child,
and supporting and preserving family life whenever possible.
(b) If the report alleges a violation of a criminal statute involving maltreatment or child
endangerment under section 609.378, the local law enforcement agency and local welfare
agency shall coordinate the planning and execution of their respective investigation and
assessment efforts to avoid a duplication of fact-finding efforts and multiple interviews.
Each agency shall prepare a separate report of the results of the agency's investigation or
assessment.
(c) In cases of alleged child maltreatment resulting in death, the local agency may rely
on the fact-finding efforts of a law enforcement investigation to make a determination of
whether or not maltreatment occurred.
(d) When necessary, the local welfare agency shall seek authority to remove the child
from the custody of a parent, guardian, or adult with whom the child is living.
(e) In performing any of these duties, the local welfare agency shall maintain an
appropriate record.
(f) In conducting a family assessmentnew text begin , noncaregiver human trafficking assessment,new text end or
investigation, the local welfare agency shall gather information on the existence of substance
abuse and domestic violence.
(g) If the family assessmentnew text begin , noncaregiver human trafficking assessment,new text end or investigation
indicates there is a potential for abuse of alcohol or other drugs by the parent, guardian, or
person responsible for the child's care, the local welfare agency must coordinate a
comprehensive assessment pursuant to section 245G.05.
(h) The agency may use either a family assessment or investigation to determine whether
the child is safe when responding to a report resulting from birth match data under section
260E.03, subdivision 23, paragraph (c). If the child subject of birth match data is determined
to be safe, the agency shall consult with the county attorney to determine the appropriateness
of filing a petition alleging the child is in need of protection or services under section
260C.007, subdivision 6, clause (16), in order to deliver needed services. If the child is
determined not to be safe, the agency and the county attorney shall take appropriate action
as required under section 260C.503, subdivision 2.
new text begin
(i) When conducting any assessment or investigation, the agency shall ask the child, if
age appropriate; parents; extended family; and reporter about the child's family heritage,
including the child's Tribal lineage pursuant to section 260.761 and the child's race, culture,
and ethnicity pursuant to section 260.63, subdivision 10.
new text end
Minnesota Statutes 2024, section 260E.20, subdivision 3, is amended to read:
(a) The local welfare agency responsible for
conducting a family assessmentnew text begin , noncaregiver human trafficking assessment,new text end or investigation
shall collect available and relevant information to determine child safety, risk of subsequent
maltreatment, and family strengths and needs and share not public information with an
Indian's Tribal social services agency without violating any law of the state that may
otherwise impose a duty of confidentiality on the local welfare agency in order to implement
the Tribal state agreement.
(b) The local welfare agency or the agency responsible for investigating the report shall
collect available and relevant information to ascertain whether maltreatment occurred and
whether protective services are needed.
(c) Information collected includes, when relevant, information regarding the person
reporting the alleged maltreatment, including the nature of the reporter's relationship to the
child and to the alleged offender, and the basis of the reporter's knowledge for the report;
the child allegedly being maltreated; the alleged offender; the child's caretaker; and other
collateral sources having relevant information related to the alleged maltreatment.
(d) Information relevant to the assessment or investigation must be requested, and may
include:
(1) the child's sex and age; prior reports of maltreatment, including any maltreatment
reports that were screened out and not accepted for assessment or investigation; information
relating to developmental functioning; credibility of the child's statement; and whether the
information provided under this clause is consistent with other information collected during
the course of the assessment or investigation;
(2) new text begin except in a noncaregiver human trafficking assessment, new text end the alleged offender's age,
a record check for prior reports of maltreatment, and criminal charges and convictions;
(3) collateral source information regarding the alleged maltreatment and care of the
child. Collateral information includes, when relevant: (i) a medical examination of the child;
(ii) prior medical records relating to the alleged maltreatment or the care of the child
maintained by any facility, clinic, or health care professional and an interview with the
treating professionals; and (iii) interviews with the child's caretakers, including the child's
parent, guardian, foster parent, child care provider, teachers, counselors, family members,
relatives, and other persons who may have knowledge regarding the alleged maltreatment
and the care of the child; and
(4) information on the existence of domestic abuse and violence in the home of the child,
and substance abuse.
(e) Nothing in this subdivision precludes the local welfare agency, the local law
enforcement agency, or the agency responsible for assessing or investigating the report from
collecting other relevant information necessary to conduct the assessment or investigation.
(f) Notwithstanding section 13.384 or 144.291 to 144.298, the local welfare agency has
access to medical data and records for purposes of paragraph (d), clause (3).
new text begin
(a) A person mandated to report under this chapter
must immediately report to the local welfare agency or designated partner if the person
knows or has reason to believe that a child required to be enrolled in school under section
120A.22 has at least seven unexcused absences in the current school year and is at risk of
educational neglect or truancy under section 260C.163, subdivision 11.
new text end
new text begin
(b) Any person may make a voluntary report if the person knows or has reason to believe
that a child required to be enrolled in school under section 120A.22 has at least seven
unexcused absences in the current school year and is at risk of educational neglect or truancy
under section 260C.163, subdivision 11.
new text end
new text begin
(c) An oral report must be made immediately. An oral report made by a person required
to report under paragraph (a) must be followed within 72 hours, exclusive of weekends and
holidays, by a report in writing to the local welfare agency. A report must sufficiently
identify the child and the child's parent or guardian, the actual or estimated number of the
child's unexcused absences in the current school year, the efforts made by school officials
to resolve attendance concerns with the family, and the name and address of the reporter.
A voluntary reporter under paragraph (b) may refuse to provide their name or address if the
report is otherwise sufficient, and the local welfare agency must accept such a report.
new text end
new text begin
(a) The local welfare agency or partner designated to
provide child welfare services must provide a child welfare response for a report that alleges
a child enrolled in school has seven or more unexcused absences. When providing a child
welfare response under this paragraph, the local welfare agency or designated partner must
offer services to the child and the child's family to address school attendance concerns or
may partner with a county attorney's office, a community-based organization, or other
community partner to provide the services. The services must be culturally and linguistically
appropriate and tailored to the needs of the child and the child's family. This section is
subject to the requirements of the Minnesota Indian Family Preservation Act under sections
260.751 to 260.835 and the Minnesota African American Family Preservation and Child
Welfare Disproportionality Act under sections 260.61 to 260.693.
new text end
new text begin
(b) If the unexcused absences continue and the family has not engaged with services
under paragraph (a) after the local welfare agency or partner designated to provide child
welfare services has made multiple varied attempts to engage the child's family, a report of
educational neglect must be made regardless of the number of unexcused absences the child
has accrued. The local welfare agency must determine the response path assignment pursuant
to section 260E.17 and may proceed with the process outlined in section 260C.141.
new text end
Minnesota Statutes 2024, section 260E.24, subdivision 1, is amended to read:
The local welfare agency shall conclude the family assessmentnew text begin ,
the noncaregiver human trafficking assessment,new text end or the investigation within 45 days of the
receipt of a report. The conclusion of the assessment or investigation may be extended to
permit the completion of a criminal investigation or the receipt of expert information
requested within 45 days of the receipt of the report.
Minnesota Statutes 2024, section 260E.24, subdivision 2, is amended to read:
After conducting a family assessment or a noncaregiver human trafficking
assessment, the local welfare agency shall determine whether child protective services are
needed to address the safety of the child and other family members and the risk of subsequent
maltreatment. The local welfare agency must document the information collected under
section 260E.20, subdivision 3, related to the completed family assessmentnew text begin or noncaregiver
human trafficking assessmentnew text end in the child's or family's case notes.
new text begin
The revisor of statutes shall change paragraphs to subdivisions, clauses to paragraphs,
and items to clauses in Minnesota Statutes, sections 260C.203 and 260C.204. The revisor
shall make any necessary grammatical changes or changes to sentence structure necessary
to preserve the meaning of the text as a result of the changes. The revisor of statutes must
correct any statutory cross-references consistent with the changes in this section.
new text end
Minnesota Statutes 2024, section 142A.03, subdivision 2, is amended to read:
(a) The commissioner may apply for and accept
on behalf of the state any grants, bequests, gifts, or contributions for the purpose of carrying
out the duties and responsibilities of the commissioner. Any money received under this
paragraph is appropriated and dedicated for the purpose for which the money is granted.
The commissioner must biennially report to the chairs and ranking minority members of
relevant legislative committees and divisions by January 15 of each even-numbered year a
list of all grants and gifts received under this subdivision.
(b) Pursuant to law, the commissioner may apply for and receive money made available
from federal sources for the purpose of carrying out the duties and responsibilities of the
commissioner.
(c) The commissioner may make contracts with and grants to Tribal Nations, public and
private agencies, for-profit and nonprofit organizations, and individuals using appropriated
money.
(d) The commissioner must develop program objectives and performance measures for
evaluating progress toward achieving the objectives. The commissioner must identify the
objectives, performance measures, and current status of achieving the measures in a biennial
report to the chairs and ranking minority members of relevant legislative committees and
divisions. The report is due no later than January 15 each even-numbered year. The report
must include, when possible, the following objectives:
(1) centering and including the lived experiences of children and youth, including those
with disabilities and mental illness and their families, in all aspects of the department's work;
(2) increasing the effectiveness of the department's programs in addressing the needs of
children and youth facing racial, economic, or geographic inequities;
(3) increasing coordination and reducing inefficiencies among the department's programs
and the funding sources that support the programs;
(4) increasing the alignment and coordination of family access to child care and early
learning programs and improving systems of support for early childhood and learning
providers and services;
(5) improving the connection between the department's programs and the kindergarten
through grade 12 and higher education systems; and
(6) minimizing and streamlining the effort required of youth and families to receive
services to which the youth and families are entitled.
(e) The commissioner shall administer and supervise the forms of public assistance and
other activities or services that are vested in the commissioner. Administration and
supervision of activities or services includes but is not limited to assuring timely and accurate
distribution of benefits, completeness of service, and quality program management. In
addition to administering and supervising activities vested by law in the department, the
commissioner has the authority to:
(1) require county agency participation in training and technical assistance programs to
promote compliance with statutes, rules, federal laws, regulations, and policies governing
the programs and activities administered by the commissioner;
(2) monitor, on an ongoing basis, the performance of county agencies in the operation
and administration of activities and programs; enforce compliance with statutes, rules,
federal laws, regulations, and policies governing welfare services; and promote excellence
of administration and program operation;
(3) develop a quality control program or other monitoring program to review county
performance and accuracy of benefit determinations;
(4) require county agencies to make an adjustment to the public assistance benefits issued
to any individual consistent with federal law and regulation and state law and rule and to
issue or recover benefits as appropriate;
(5) delay or deny payment of all or part of the state and federal share of benefits and
administrative reimbursement according to the procedures set forth in section 142A.10;
(6) make contracts with and grants to public and private agencies and organizations,
both for-profit and nonprofit, and individuals, using appropriated funds; and
(7) enter into contractual agreements with federally recognized Indian Tribes with a
reservation in Minnesota to the extent necessary for the Tribe to operate a federally approved
family assistance program or any other program under the supervision of the commissioner.
The commissioner shall consult with the affected county or counties in the contractual
agreement negotiations, if the county or counties wish to be included, in order to avoid the
duplication of county and Tribal assistance program services. The commissioner may
establish necessary accounts for the purposes of receiving and disbursing funds as necessary
for the operation of the programs.
The commissioner shall work in conjunction with the commissioner of human services to
carry out the duties of this paragraph when necessary and feasible.
(f) The commissioner shall inform county agencies, on a timely basis, of changes in
statute, rule, federal law, regulation, and policy necessary to county agency administration
of the programs and activities administered by the commissioner.
(g) The commissioner shall administer and supervise child welfare activities, including
promoting the enforcement of laws preventing child maltreatment and protecting children
with a disability and children who are in need of protection or services, licensing and
supervising child care and child-placing agencies, and supervising the care of children in
foster care. The commissioner shall coordinate with the commissioner of human services
on activities impacting children overseen by the Department of Human Services, such as
disability services, behavioral health, and substance use disorder treatment.
(h) The commissioner shall assist and cooperate with local, state, and federal departments,
agencies, and institutions.
(i) The commissioner shall establish and maintain any administrative units reasonably
necessary for the performance of administrative functions common to all divisions of the
department.
(j) The commissioner shall act as designated guardian of children pursuant to chapter
260C. For children under the guardianship of the commissioner or a Tribe in Minnesota
recognized by the Secretary of the Interior whose interests would be best served by adoptive
placement, the commissioner may contract with a licensed child-placing agency or a
Minnesota Tribal social services agency to provide adoption services. new text begin For children in
out-of-home care whose interests would be best served by a transfer of permanent legal and
physical custody to a relative under section 260C.515, subdivision 4, or equivalent in Tribal
code, the commissioner may contract with a licensed child-placing agency or a Minnesota
Tribal social services agency to provide permanency services. new text end A contract with a licensed
child-placing agency must be designed to supplement existing county efforts and may not
replace existing county programs or Tribal social services, unless the replacement is agreed
to by the county board and the appropriate exclusive bargaining representative, Tribal
governing body, or the commissioner has evidence that child placements of the county
continue to be substantially below that of other counties. Funds encumbered and obligated
under an agreement for a specific child shall remain available until the terms of the agreement
are fulfilled or the agreement is terminated.
(k) The commissioner has the authority to conduct and administer experimental projects
to test methods and procedures of administering assistance and services to recipients or
potential recipients of public benefits. To carry out the experimental projects, the
commissioner may waive the enforcement of existing specific statutory program
requirements, rules, and standards in one or more counties. The order establishing the waiver
must provide alternative methods and procedures of administration and must not conflict
with the basic purposes, coverage, or benefits provided by law. No project under this
paragraph shall exceed four years. No order establishing an experimental project as authorized
by this paragraph is effective until the following conditions have been met:
(1) the United States Secretary of Health and Human Services has agreed, for the same
project, to waive state plan requirements relative to statewide uniformity; and
(2) a comprehensive plan, including estimated project costs, has been approved by the
Legislative Advisory Commission and filed with the commissioner of administration.
(l) The commissioner shall, according to federal requirements and in coordination with
the commissioner of human services, establish procedures to be followed by local welfare
boards in creating citizen advisory committees, including procedures for selection of
committee members.
(m) The commissioner shall allocate federal fiscal disallowances or sanctions that are
based on quality control error rates for the aid to families with dependent children (AFDC)
program formerly codified in sections 256.72 to 256.87 or the Supplemental Nutrition
Assistance Program (SNAP) in the following manner:
(1) one-half of the total amount of the disallowance shall be borne by the county boards
responsible for administering the programs. For AFDC, disallowances shall be shared by
each county board in the same proportion as that county's expenditures to the total of all
counties' expenditures for AFDC. For SNAP, sanctions shall be shared by each county
board, with 50 percent of the sanction being distributed to each county in the same proportion
as that county's administrative costs for SNAP benefits are to the total of all SNAP
administrative costs for all counties, and 50 percent of the sanctions being distributed to
each county in the same proportion as that county's value of SNAP benefits issued are to
the total of all benefits issued for all counties. Each county shall pay its share of the
disallowance to the state of Minnesota. When a county fails to pay the amount due under
this paragraph, the commissioner may deduct the amount from reimbursement otherwise
due the county, or the attorney general, upon the request of the commissioner, may institute
civil action to recover the amount due; and
(2) notwithstanding the provisions of clause (1), if the disallowance results from knowing
noncompliance by one or more counties with a specific program instruction, and that knowing
noncompliance is a matter of official county board record, the commissioner may require
payment or recover from the county or counties, in the manner prescribed in clause (1), an
amount equal to the portion of the total disallowance that resulted from the noncompliance
and may distribute the balance of the disallowance according to clause (1).
(n) The commissioner shall develop and implement special projects that maximize
reimbursements and result in the recovery of money to the state. For the purpose of recovering
state money, the commissioner may enter into contracts with third parties. Any recoveries
that result from projects or contracts entered into under this paragraph shall be deposited
in the state treasury and credited to a special account until the balance in the account reaches
$1,000,000. When the balance in the account exceeds $1,000,000, the excess shall be
transferred and credited to the general fund. All money in the account is appropriated to the
commissioner for the purposes of this paragraph.
(o) The commissioner has the authority to establish and enforce the following county
reporting requirements:
(1) the commissioner shall establish fiscal and statistical reporting requirements necessary
to account for the expenditure of funds allocated to counties for programs administered by
the commissioner. When establishing financial and statistical reporting requirements, the
commissioner shall evaluate all reports, in consultation with the counties, to determine if
the reports can be simplified or the number of reports can be reduced;
(2) the county board shall submit monthly or quarterly reports to the department as
required by the commissioner. Monthly reports are due no later than 15 working days after
the end of the month. Quarterly reports are due no later than 30 calendar days after the end
of the quarter, unless the commissioner determines that the deadline must be shortened to
20 calendar days to avoid jeopardizing compliance with federal deadlines or risking a loss
of federal funding. Only reports that are complete, legible, and in the required format shall
be accepted by the commissioner;
(3) if the required reports are not received by the deadlines established in clause (2), the
commissioner may delay payments and withhold funds from the county board until the next
reporting period. When the report is needed to account for the use of federal funds and the
late report results in a reduction in federal funding, the commissioner shall withhold from
the county boards with late reports an amount equal to the reduction in federal funding until
full federal funding is received;
(4) a county board that submits reports that are late, illegible, incomplete, or not in the
required format for two out of three consecutive reporting periods is considered
noncompliant. When a county board is found to be noncompliant, the commissioner shall
notify the county board of the reason the county board is considered noncompliant and
request that the county board develop a corrective action plan stating how the county board
plans to correct the problem. The corrective action plan must be submitted to the
commissioner within 45 days after the date the county board received notice of
noncompliance;
(5) the final deadline for fiscal reports or amendments to fiscal reports is one year after
the date the report was originally due. If the commissioner does not receive a report by the
final deadline, the county board forfeits the funding associated with the report for that
reporting period and the county board must repay any funds associated with the report
received for that reporting period;
(6) the commissioner may not delay payments, withhold funds, or require repayment
under clause (3) or (5) if the county demonstrates that the commissioner failed to provide
appropriate forms, guidelines, and technical assistance to enable the county to comply with
the requirements. If the county board disagrees with an action taken by the commissioner
under clause (3) or (5), the county board may appeal the action according to sections 14.57
to 14.69; and
(7) counties subject to withholding of funds under clause (3) or forfeiture or repayment
of funds under clause (5) shall not reduce or withhold benefits or services to clients to cover
costs incurred due to actions taken by the commissioner under clause (3) or (5).
(p) The commissioner shall allocate federal fiscal disallowances or sanctions for audit
exceptions when federal fiscal disallowances or sanctions are based on a statewide random
sample in direct proportion to each county's claim for that period.
(q) The commissioner is responsible for ensuring the detection, prevention, investigation,
and resolution of fraudulent activities or behavior by applicants, recipients, and other
participants in the programs administered by the department. The commissioner shall
cooperate with the commissioner of education to enforce the requirements for program
integrity and fraud prevention for investigation for child care assistance under chapter 142E.
(r) The commissioner shall require county agencies to identify overpayments, establish
claims, and utilize all available and cost-beneficial methodologies to collect and recover
these overpayments in the programs administered by the department.
(s) The commissioner shall develop recommended standards for child foster care homes
that address the components of specialized therapeutic services to be provided by child
foster care homes with those services.
(t) The commissioner shall authorize the method of payment to or from the department
as part of the programs administered by the department. This authorization includes the
receipt or disbursement of funds held by the department in a fiduciary capacity as part of
the programs administered by the department.
(u) In coordination with the commissioner of human services, the commissioner shall
create and provide county and Tribal agencies with blank applications, affidavits, and other
forms as necessary for public assistance programs.
(v) The commissioner shall cooperate with the federal government and its public welfare
agencies in any reasonable manner as may be necessary to qualify for federal aid for
temporary assistance for needy families and in conformity with Title I of Public Law 104-193,
the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 and successor
amendments, including making reports that contain information required by the federal
Social Security Advisory Board and complying with any provisions the board may find
necessary to assure the correctness and verification of the reports.
(w) On or before January 15 in each even-numbered year, the commissioner shall make
a biennial report to the governor concerning the activities of the agency.
(x) The commissioner shall enter into agreements with other departments of the state as
necessary to meet all requirements of the federal government.
(y) The commissioner may cooperate with other state agencies in establishing reciprocal
agreements in instances where a child receiving Minnesota family investment program
(MFIP) assistance or its out-of-state equivalent moves or contemplates moving into or out
of the state, in order that the child may continue to receive MFIP or equivalent aid from the
state moved from until the child has resided for one year in the state moved to.
(z) The commissioner shall provide appropriate technical assistance to county agencies
to develop methods to have county financial workers remind and encourage recipients of
aid to families with dependent children, the Minnesota family investment program, the
Minnesota family investment plan, family general assistance, or SNAP benefits whose
assistance unit includes at least one child under the age of five to have each young child
immunized against childhood diseases. The commissioner must examine the feasibility of
utilizing the capacity of a statewide computer system to assist county agency financial
workers in performing this function at appropriate intervals.
(aa) The commissioner shall have the power and authority to accept on behalf of the
state contributions and gifts for the use and benefit of children under the guardianship or
custody of the commissioner. The commissioner may also receive and accept on behalf of
such children money due and payable to them as old age and survivors insurance benefits,
veterans benefits, pensions, or other such monetary benefits. Gifts, contributions, pensions,
and benefits under this paragraph must be deposited in and disbursed from the social welfare
fund provided for in sections 256.88 to 256.92.
(bb) The specific enumeration of powers and duties in this section must not be construed
to be a limitation upon the general powers granted to the commissioner.
Minnesota Statutes 2024, section 260.810, subdivision 1, is amended to read:
The commissioner shall make grant payments to each approved
program in four quarterly installments a year. The commissioner may certify an advance
payment for the first quarter of the state fiscal year. Later payments must be made deleted text begin upon
receipt by the state of a quarterly report on finances and program activitiesdeleted text end new text begin quarterlynew text end .
Minnesota Statutes 2024, section 260.810, subdivision 2, is amended to read:
The commissioner shall deleted text begin specifydeleted text end new text begin engage Tribal
and urban Indian organizations to establishnew text end requirements for reportsnew text begin and reporting timelinesnew text end ,
including deleted text begin quarterlydeleted text end fiscal reportsnew text begin submitted to the commissioner at least annuallynew text end , according
to section 142A.03, subdivision 2, paragraph (o). Each deleted text begin quarterdeleted text end new text begin reporting period as agreed
upon by the commissioner and granteenew text end , an approved program receiving an Indian child
welfare grant shall submit a report to the commissioner that includes:
(1) a detailed accounting of grant money expended during the preceding deleted text begin quarterdeleted text end new text begin reporting
periodnew text end , specifying expenditures by line item and year to date; and
(2) a description of Indian child welfare activities conducted during the preceding deleted text begin quarterdeleted text end new text begin
reporting periodnew text end , including the number of clients served and the type of services provided.
deleted text begin The quarterlydeleted text end Reports must be submitted no later than 30 days after the deleted text begin end of each
quarterdeleted text end new text begin agreed upon reporting timelinesnew text end of the state fiscal year.
Minnesota Statutes 2024, section 260.821, subdivision 2, is amended to read:
The amount available for grants established under section
260.785, subdivision 2, for child-placing agencies, Tribes, Indian organizations, and other
social services organizations is one-fifth of the total annual appropriation for Indian child
welfare grants. deleted text begin The maximum award under this subdivision is $100,000 a year for programs
approved by the commissioner.
deleted text end
Minnesota Statutes 2024, section 518.68, subdivision 2, is amended to read:
new text begin (a) This subdivision expires January 1, 2027. For orders issued prior
to January 1, 2027,new text end the required notices must be substantially as follows:
IMPORTANT NOTICE
1. PAYMENTS TO PUBLIC AGENCY
According to Minnesota Statutes, section 518A.50, payments ordered for maintenance
and support must be paid to the public agency responsible for child support enforcement
as long as the person entitled to receive the payments is receiving or has applied for
public assistance or has applied for support and maintenance collection services. MAIL
PAYMENTS TO:
2. DEPRIVING ANOTHER OF CUSTODIAL OR PARENTAL RIGHTS -- A FELONY
A person may be charged with a felony who conceals a minor child or takes, obtains,
retains, or fails to return a minor child from or to the child's parent (or person with
custodial or visitation rights), according to Minnesota Statutes, section 609.26. A copy
of that section is available from any district court clerk.
3. NONSUPPORT OF A SPOUSE OR CHILD -- CRIMINAL PENALTIES
A person who fails to pay court-ordered child support or maintenance may be charged
with a crime, which may include misdemeanor, gross misdemeanor, or felony charges,
according to Minnesota Statutes, section 609.375. A copy of that section is available
from any district court clerk.
4. RULES OF SUPPORT, MAINTENANCE, PARENTING TIME
(a) Payment of support or spousal maintenance is to be as ordered, and the giving of
gifts or making purchases of food, clothing, and the like will not fulfill the obligation.
(b) Payment of support must be made as it becomes due, and failure to secure or denial
of parenting time is NOT an excuse for nonpayment, but the aggrieved party must seek
relief through a proper motion filed with the court.
(c) Nonpayment of support is not grounds to deny parenting time. The party entitled to
receive support may apply for support and collection services, file a contempt motion,
or obtain a judgment as provided in Minnesota Statutes, section 548.091.
(d) The payment of support or spousal maintenance takes priority over payment of debts
and other obligations.
(e) A party who accepts additional obligations of support does so with the full knowledge
of the party's prior obligation under this proceeding.
(f) Child support or maintenance is based on annual income, and it is the responsibility
of a person with seasonal employment to budget income so that payments are made
throughout the year as ordered.
(g) Reasonable parenting time guidelines are contained in Appendix B, which is available
from the court administrator.
(h) The nonpayment of support may be enforced through the denial of student grants;
interception of state and federal tax refunds; suspension of driver's, recreational, and
occupational licenses; referral to the department of revenue or private collection agencies;
seizure of assets, including bank accounts and other assets held by financial institutions;
reporting to credit bureaus; income withholding and contempt proceedings; and other
enforcement methods allowed by law.
(i) The public authority may suspend or resume collection of the amount allocated for
child care expenses if the conditions of Minnesota Statutes, section 518A.40, subdivision
4, are met.
(j) The public authority may remove or resume a medical support offset if the conditions
of Minnesota Statutes, section 518A.41, subdivision 16, are met.
5. MODIFYING CHILD SUPPORT
If either the obligor or obligee is laid off from employment or receives a pay reduction,
child support may be modified, increased, or decreased. Any modification will only take
effect when it is ordered by the court, and will only relate back to the time that a motion
is filed. Either the obligor or obligee may file a motion to modify child support, and may
request the public agency for help. UNTIL A MOTION IS FILED, THE CHILD
SUPPORT OBLIGATION WILL CONTINUE AT THE CURRENT LEVEL. THE
COURT IS NOT PERMITTED TO REDUCE SUPPORT RETROACTIVELY.
6. PARENTAL RIGHTS FROM MINNESOTA STATUTES, SECTION 518.17,
SUBDIVISION 3
Unless otherwise provided by the Court:
(a) Each party has the right of access to, and to receive copies of, school, medical, dental,
religious training, and other important records and information about the minor children.
Each party has the right of access to information regarding health or dental insurance
available to the minor children. Presentation of a copy of this order to the custodian of
a record or other information about the minor children constitutes sufficient authorization
for the release of the record or information to the requesting party.
(b) Each party shall keep the other informed as to the name and address of the school
of attendance of the minor children. Each party has the right to be informed by school
officials about the children's welfare, educational progress and status, and to attend
school and parent teacher conferences. The school is not required to hold a separate
conference for each party.
(c) In case of an accident or serious illness of a minor child, each party shall notify the
other party of the accident or illness, and the name of the health care provider and the
place of treatment.
(d) Each party has the right of reasonable access and telephone contact with the minor
children.
7. WAGE AND INCOME DEDUCTION OF SUPPORT AND MAINTENANCE
Child support and/or spousal maintenance may be withheld from income, with or without
notice to the person obligated to pay, when the conditions of Minnesota Statutes, section
518A.53 have been met. A copy of those sections is available from any district court
clerk.
8. CHANGE OF ADDRESS OR RESIDENCE
Unless otherwise ordered, each party shall notify the other party, the court, and the public
authority responsible for collection, if applicable, of the following information within
ten days of any change: the residential and mailing address, telephone number, driver's
license number, Social Security number, and name, address, and telephone number of
the employer.
9. COST OF LIVING INCREASE OF SUPPORT AND MAINTENANCE
new text begin Prior to January 1, 2027, new text end basic support and/or spousal maintenance may be adjusted
every two years based upon a change in the cost of living (using Department of Labor
Consumer Price Index .........., unless otherwise specified in this order) when the
conditions of Minnesota Statutes, section 518A.75, are met. Cost of living increases are
compounded. A copy of Minnesota Statutes, section 518A.75, and forms necessary to
request or contest a cost of living increase are available from any district court clerk.
10. JUDGMENTS FOR UNPAID SUPPORT
If a person fails to make a child support payment, the payment owed becomes a judgment
against the person responsible to make the payment by operation of law on or after the
date the payment is due, and the person entitled to receive the payment or the public
agency may obtain entry and docketing of the judgment WITHOUT NOTICE to the
person responsible to make the payment under Minnesota Statutes, section 548.091.
11. JUDGMENTS FOR UNPAID MAINTENANCE
(a) A judgment for unpaid spousal maintenance may be entered when the conditions of
Minnesota Statutes, section 548.091, are met. A copy of that section is available from
any district court clerk.
(b) The public authority is not responsible for calculating interest on any judgment for
unpaid spousal maintenance. When providing services in IV-D cases, as defined in
Minnesota Statutes, section 518A.26, subdivision 10, the public authority will only
collect interest on spousal maintenance if spousal maintenance is reduced to a sum
certain judgment.
12. ATTORNEY FEES AND COLLECTION COSTS FOR ENFORCEMENT OF CHILD
SUPPORT
A judgment for attorney fees and other collection costs incurred in enforcing a child
support order will be entered against the person responsible to pay support when the
conditions of Minnesota Statutes, section 518A.735, are met. A copy of Minnesota
Statutes, sections 518.14 and 518A.735 and forms necessary to request or contest these
attorney fees and collection costs are available from any district court clerk.
13. PARENTING TIME EXPEDITOR PROCESS
On request of either party or on its own motion, the court may appoint a parenting time
expeditor to resolve parenting time disputes under Minnesota Statutes, section 518.1751.
A copy of that section and a description of the expeditor process is available from any
district court clerk.
14. PARENTING TIME REMEDIES AND PENALTIES
Remedies and penalties for the wrongful denial of parenting time are available under
Minnesota Statutes, section 518.175, subdivision 6. These include compensatory parenting
time; civil penalties; bond requirements; contempt; and reversal of custody. A copy of
that subdivision and forms for requesting relief are available from any district court
clerk.
new text begin
(b) For orders issued on or after January 1, 2027, the required notices must be
substantially as follows:
new text end
new text begin
IMPORTANT NOTICE
new text end
new text begin
1. PAYMENTS TO PUBLIC AGENCY
new text end
new text begin
According to Minnesota Statutes, section 518A.50, payments ordered for maintenance
and support must be paid to the public agency responsible for child support enforcement
as long as the person entitled to receive the payments is receiving or has applied for
public assistance or has applied for support and maintenance collection services. MAIL
PAYMENTS TO:
new text end
new text begin
2. DEPRIVING ANOTHER OF CUSTODIAL OR PARENTAL RIGHTS -- A FELONY
new text end
new text begin
A person may be charged with a felony who conceals a minor child or takes, obtains,
retains, or fails to return a minor child from or to the child's parent (or person with
custodial or visitation rights), according to Minnesota Statutes, section 609.26. A copy
of that section is available from any district court clerk.
new text end
new text begin
3. NONSUPPORT OF A SPOUSE OR CHILD -- CRIMINAL PENALTIES
new text end
new text begin
A person who fails to pay court-ordered child support or maintenance may be charged
with a crime, which may include misdemeanor, gross misdemeanor, or felony charges,
according to Minnesota Statutes, section 609.375. A copy of that section is available
from any district court clerk.
new text end
new text begin
4. RULES OF SUPPORT, MAINTENANCE, PARENTING TIME
new text end
new text begin
(a) Payment of support or spousal maintenance is to be as ordered, and the giving of
gifts or making purchases of food, clothing, and the like will not fulfill the obligation.
new text end
new text begin
(b) Payment of support must be made as it becomes due, and failure to secure or denial
of parenting time is NOT an excuse for nonpayment, but the aggrieved party must seek
relief through a proper motion filed with the court.
new text end
new text begin
(c) Nonpayment of support is not grounds to deny parenting time. The party entitled to
receive support may apply for support and collection services, file a contempt motion,
or obtain a judgment as provided in Minnesota Statutes, section 548.091.
new text end
new text begin
(d) The payment of support or spousal maintenance takes priority over payment of debts
and other obligations.
new text end
new text begin
(e) A party who accepts additional obligations of support does so with the full knowledge
of the party's prior obligation under this proceeding.
new text end
new text begin
(f) Child support or maintenance is based on annual income, and it is the responsibility
of a person with seasonal employment to budget income so that payments are made
throughout the year as ordered.
new text end
new text begin
(g) Reasonable parenting time guidelines are contained in Appendix B, which is available
from the court administrator.
new text end
new text begin
(h) The nonpayment of support may be enforced through the denial of student grants;
interception of state and federal tax refunds; suspension of driver's, recreational, and
occupational licenses; referral to the Department of Revenue or private collection
agencies; seizure of assets, including bank accounts and other assets held by financial
institutions; reporting to credit bureaus; income withholding and contempt proceedings;
and other enforcement methods allowed by law.
new text end
new text begin
(i) The public authority may suspend or resume collection of the amount allocated for
child care expenses if the conditions of Minnesota Statutes, section 518A.40, subdivision
4, are met.
new text end
new text begin
(j) The public authority may remove or resume a medical support offset if the conditions
of Minnesota Statutes, section 518A.41, subdivision 16, are met.
new text end
new text begin
5. MODIFYING CHILD SUPPORT
new text end
new text begin
If either the obligor or obligee is laid off from employment or receives a pay reduction,
child support may be modified, increased, or decreased. Any modification will only take
effect when it is ordered by the court, and will only relate back to the time that a motion
is filed. Either the obligor or obligee may file a motion to modify child support, and may
request the public agency for help. UNTIL A MOTION IS FILED, THE CHILD
SUPPORT OBLIGATION WILL CONTINUE AT THE CURRENT LEVEL. THE
COURT IS NOT PERMITTED TO REDUCE SUPPORT RETROACTIVELY.
new text end
new text begin
6. PARENTAL RIGHTS FROM MINNESOTA STATUTES, SECTION 518.17,
SUBDIVISION 3
new text end
new text begin
Unless otherwise provided by the court:
new text end
new text begin
(a) Each party has the right of access to, and to receive copies of, school, medical, dental,
religious training, and other important records and information about the minor children.
Each party has the right of access to information regarding health or dental insurance
available to the minor children. Presentation of a copy of this order to the custodian of
a record or other information about the minor children constitutes sufficient authorization
for the release of the record or information to the requesting party.
new text end
new text begin
(b) Each party shall keep the other informed as to the name and address of the school
of attendance of the minor children. Each party has the right to be informed by school
officials about the children's welfare, educational progress, and status, and to attend
school and parent-teacher conferences. The school is not required to hold a separate
conference for each party.
new text end
new text begin
(c) In case of an accident or serious illness of a minor child, each party shall notify the
other party of the accident or illness, and the name of the health care provider and the
place of treatment.
new text end
new text begin
(d) Each party has the right of reasonable access and telephone contact with the minor
children.
new text end
new text begin
7. WAGE AND INCOME DEDUCTION OF SUPPORT AND MAINTENANCE
new text end
new text begin
Child support and/or spousal maintenance may be withheld from income, with or without
notice to the person obligated to pay, when the conditions of Minnesota Statutes, section
518A.53, have been met. A copy of those sections is available from any district court
clerk.
new text end
new text begin
8. CHANGE OF ADDRESS OR RESIDENCE
new text end
new text begin
Unless otherwise ordered, each party shall notify the other party, the court, and the public
authority responsible for collection, if applicable, of the following information within
ten days of any change: the residential and mailing address, telephone number, driver's
license number, Social Security number, and name, address, and telephone number of
the employer.
new text end
new text begin
9. JUDGMENTS FOR UNPAID SUPPORT
new text end
new text begin
If a person fails to make a child support payment, the payment owed becomes a judgment
against the person responsible to make the payment by operation of law on or after the
date the payment is due, and the person entitled to receive the payment or the public
agency may obtain entry and docketing of the judgment WITHOUT NOTICE to the
person responsible to make the payment under Minnesota Statutes, section 548.091.
new text end
new text begin
10. JUDGMENTS FOR UNPAID MAINTENANCE
new text end
new text begin
(a) A judgment for unpaid spousal maintenance may be entered when the conditions of
Minnesota Statutes, section 548.091, are met. A copy of that section is available from
any district court clerk.
new text end
new text begin
(b) The public authority is not responsible for calculating interest on any judgment for
unpaid spousal maintenance. When providing services in IV-D cases, as defined in
Minnesota Statutes, section 518A.26, subdivision 10, the public authority will only
collect interest on spousal maintenance if spousal maintenance is reduced to a sum
certain judgment.
new text end
new text begin
11. ATTORNEY FEES AND COLLECTION COSTS FOR ENFORCEMENT OF CHILD
SUPPORT
new text end
new text begin
A judgment for attorney fees and other collection costs incurred in enforcing a child
support order will be entered against the person responsible to pay support when the
conditions of Minnesota Statutes, section 518A.735, are met. A copy of Minnesota
Statutes, sections 518.14 and 518A.735, and forms necessary to request or contest these
attorney fees and collection costs are available from any district court clerk.
new text end
new text begin
12. PARENTING TIME EXPEDITOR PROCESS
new text end
new text begin
On request of either party or on its own motion, the court may appoint a parenting time
expeditor to resolve parenting time disputes under Minnesota Statutes, section 518.1751.
A copy of that section and a description of the expeditor process is available from any
district court clerk.
new text end
new text begin
13. PARENTING TIME REMEDIES AND PENALTIES
new text end
new text begin
Remedies and penalties for the wrongful denial of parenting time are available under
Minnesota Statutes, section 518.175, subdivision 6. These include compensatory parenting
time, civil penalties, bond requirements, contempt, and reversal of custody. A copy of
that subdivision and forms for requesting relief are available from any district court
clerk.
new text end
Minnesota Statutes 2024, section 518A.34, is amended to read:
(a) To determine the presumptive child support obligation of a parent, the court shall
follow the procedure set forth in this section.
(b) To determine the obligor's basic support obligation, the court shall:
(1) determine the gross income of each parent under section 518A.29;
(2) calculate the parental income for determining child support (PICS) of each parent,
by subtracting from the gross income the credit, if any, for each parent's nonjoint children
under section 518A.33;
(3) determine the percentage contribution of each parent to the combined PICS by
dividing the combined PICS into each parent's PICS;
(4) determine the combined basic support obligation by application of the guidelines in
section 518A.35;
(5) determine each parent's share of the combined basic support obligation by multiplying
the percentage figure from clause (3) by the combined basic support obligation in clause
(4); and
(6) apply the parenting expense adjustment formula provided in section 518A.36 to
determine the obligor's basic support obligation.
(c) If the parents have split custody of joint children, child support must be calculated
for each joint child as follows:
(1) the court shall determine each parent's basic support obligation under paragraph (b)
and include the amount of each parent's obligation in the court order. If the basic support
calculation results in each parent owing support to the other, the court shall offset the higher
basic support obligation with the lower basic support obligation to determine the amount
to be paid by the parent with the higher obligation to the parent with the lower obligation.
For the purpose of deleted text begin the cost-of-living adjustment required under section 518A.75, the
adjustmentdeleted text end new text begin a future modification, the application of section 518A.39new text end must be based on each
parent's basic support obligation prior to offset. For the purposes of this paragraph, "split
custody" means that there are two or more joint children and each parent has at least one
joint child more than 50 percent of the time;
(2) if each parent pays all child care expenses for at least one joint child, the court shall
calculate child care support for each joint child as provided in section 518A.40. The court
shall determine each parent's child care support obligation and include the amount of each
parent's obligation in the court order. If the child care support calculation results in each
parent owing support to the other, the court shall offset the higher child care support
obligation with the lower child care support obligation to determine the amount to be paid
by the parent with the higher obligation to the parent with the lower obligation; and
(3) if each parent pays all medical or dental insurance expenses for at least one joint
child, medical support shall be calculated for each joint child as provided in section 518A.41.
The court shall determine each parent's medical support obligation and include the amount
of each parent's obligation in the court order. If the medical support calculation results in
each parent owing support to the other, the court shall offset the higher medical support
obligation with the lower medical support obligation to determine the amount to be paid by
the parent with the higher obligation to the parent with the lower obligation. Unreimbursed
and uninsured medical expenses are not included in the presumptive amount of support
owed by a parent and are calculated and collected as provided in section 518A.41.
(d) The court shall determine the child care support obligation for the obligor as provided
in section 518A.40.
(e) The court shall determine the medical support obligation for each parent as provided
in section 518A.41. Unreimbursed and uninsured medical expenses are not included in the
presumptive amount of support owed by a parent and are calculated and collected as described
in section 518A.41.
(f) The court shall determine each parent's total child support obligation by adding
together each parent's basic support, child care support, and health care coverage obligations
as provided in this section.
(g) If Social Security benefits or veterans' benefits are received by one parent as a
representative payee for a joint child based on the other parent's eligibility, the court shall
subtract the amount of benefits from the other parent's net child support obligation, if any.
Any benefit received by the obligee for the benefit of the joint child based upon the obligor's
disability or past earnings in any given month in excess of the child support obligation must
not be treated as an arrearage payment or a future payment.
(h) The final child support order shall separately designate the amount owed for basic
support, child care support, and medical support. If applicable, the court shall use the
self-support adjustment and minimum support adjustment under section 518A.42 to determine
the obligor's child support obligation.
new text begin
This section is effective January 1, 2027.
new text end
Minnesota Statutes 2024, section 518A.46, subdivision 7, is amended to read:
(a) The public authority must provide
written notice of redirection to the obligee, the obligor, and the caregiver. The notice must
be mailed to the obligor, obligee, and caregiver at the obligee's, the obligor's, and the
caregiver's respective last known address. The notice must state the name of the child or
children for whom support will be redirected, to whom the support will be redirected, the
date the support will be redirected, and the amount of the support that will be redirected.
The notice must also inform the parties of the right to contest the redirection of support
according to paragraph (c).
(b) If fewer than all of the children for whom the support is ordered reside with the
caregiver, the public authority must redirect the proportional share of the support for the
number of children residing with the caregiver.
(c) The obligee or obligor may contest the redirection of support on the limited grounds
that:
(1) the child or children do not reside or no longer reside with the caregiver;
(2) under an out-of-home placement plan under section 260C.212, subdivision 1, that
includes a plan for reunification, all or part of the support is needed to maintain the obligee's
home; or
(3) the redirection of support is not in the best interests of the child.
(d) To contest the redirection, the obligee or obligor must make a written request for a
hearing to the public authority within 30 calendar days of the date of the written notice of
redirection. The hearing must be held at the earliest practicable time, but no later than 30
calendar days from the date the public authority receives the written request for a hearing.
If the public authority receives a timely written request for a hearing, the public authority
must schedule a hearing and serve the obligee and the obligor with a notice of hearing at
least 14 days before the date of the hearing. The notice must be served personally or by
mail at the obligee's and the obligor's respective last known address. The public authority
must file with the court the notice of hearing along with the notice of redirection at least
five days before the scheduled hearing. The court administrator must schedule these hearings
to be heard in the expedited process before a child support magistrate, but may schedule
these hearings in district court if the availability of a child support magistrate does not permit
a hearing to occur within the time frames of this subdivision.
(e) If neither the obligee nor the obligor contests the redirection of support under this
subdivision, support must be redirected to the caregiver effective the first day of the month
following the expiration of the time period to contest under paragraph (d). If the obligee or
the obligor contests the redirection of support under paragraph (d), the public authority must
not redirect support to the caregiver pending the outcome of the hearing.
(f) The redirection of the basic support, medical support, and child care support terminates
and the public authority must direct support to the obligee if the public authority determines
that:
(1) the caregiver for the child no longer receives public assistance for the child;
(2) the voluntary placement agreement expires; deleted text begin or
deleted text end
(3) the court order placing the child is no longer in effectdeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(4) the redirection of support is not in the best interests of the child as determined under
section 260B.331, subdivision 1, or 260C.331, subdivision 1.
new text end
(g) The public authority must notify the obligee, obligor, and caregiver of a termination
of the redirection of support by mailing a written notice to each of them at their last known
address. The termination is effective the first day of the month that occurs at least 14 calendar
days after the date the notice is mailed.
new text begin
This section is effective September 1, 2025.
new text end
Minnesota Statutes 2024, section 518A.75, subdivision 1, is amended to read:
(a) An order establishing, modifying, or enforcing
maintenance or child support shall provide for a biennial adjustment in the amount to be
paid based on a change in the cost of living. An order that provides for a cost-of-living
adjustment shall specify the cost-of-living index to be applied and the date on which the
cost-of-living adjustment shall become effective. The court may use the Consumer Price
Index for all urban consumers, Minneapolis-St. Paul (CPI-U), the Consumer Price Index
for wage earners and clerical, Minneapolis-St. Paul (CPI-W), or another cost-of-living index
published by the Department of Labor which it specifically finds is more appropriate.
Cost-of-living increases under this section shall be compounded. The court may also increase
the amount by more than the cost-of-living adjustment by agreement of the parties or by
making further findings.
(b) The adjustment becomes effective on the first of May of the year in which it is made,
for cases in which payment is made to the public authority. For cases in which payment is
not made to the public authority, application for an adjustment may be made in any month
but no application for an adjustment may be made sooner than two years after the date of
the dissolution decree. A court may waive the requirement of the cost-of-living clause if it
expressly finds that the obligor's occupation or income, or both, does not provide for
cost-of-living adjustment or that the order for maintenance or child support has a provision
such as a step increase that has the effect of a cost-of-living clause. The court may waive a
cost-of-living adjustment in a maintenance order if the parties so agree in writing. The
commissioner of children, youth, and families may promulgate rules for child support
adjustments under this section in accordance with the rulemaking provisions of chapter 14.
Notice of this statute must comply with section 518.68, subdivision 2.
new text begin
(c) No adjustment under this section shall be made after January 1, 2027, for any
maintenance or child support order established before, on, or after January 1, 2027.
new text end
new text begin
(a) The commissioner of children, youth, and families must improve and modernize the
child welfare social services information system. Elements the commissioner must address
as part of the system modernization include but are not limited to:
new text end
new text begin
(1) capabilities that support case intake, screening, assessments, and investigations;
new text end
new text begin
(2) the capacity for local social services agencies to track various financial information,
including benefits received by counties on behalf of children in the child welfare system,
and fees received by counties from parents with children in out-of-home placements;
new text end
new text begin
(3) access for the ombudspersons for families, the ombudsperson for American Indian
families, and the foster youth ombudsperson, on a case-by-case basis, to nonprivileged
information necessary for the discharge of the ombudsperson's duties, including specific
child protection case information, while protecting Tribal data sovereignty;
new text end
new text begin
(4) comprehensive statewide data reports, including data on law enforcement involvement
in the child protection system;
new text end
new text begin
(5) demographic information about children in the child welfare system, including race,
cultural and ethnic identity, disability status, and economic status;
new text end
new text begin
(6) bidirectional data exchanges, as required by federal Comprehensive Child Welfare
Information System regulations; and
new text end
new text begin
(7) data quality measures, as required by federal Comprehensive Child Welfare
Information System regulations.
new text end
new text begin
(b) By March 15, 2026, the commissioner of children, youth, and families must provide
the chairs and ranking minority members of the legislative committees with jurisdiction
over child welfare and state and local government with a plan and estimated timeline for
modernization of the social services information system in compliance with state law and
federal Comprehensive Child Welfare Information System requirements.
new text end
new text begin
(c) By August 15, 2026, and by each January 15 and July 15 thereafter, the commissioner
must provide an update on the social services information system modernization efforts and
progress toward federal compliance required under this section to the chairs and ranking
minority members of the legislative committees with jurisdiction over child welfare and
state and local government. This paragraph expires upon the commissioner's report to the
chairs and ranking minority members of the legislative committees with jurisdiction over
child welfare and state and local government that the modernization required under this
section has been substantially completed.
new text end
Minnesota Statutes 2024, section 142A.42, is amended to read:
The commissioner of children, youth, and
families shall establish a diaper distribution program to award deleted text begin competitive grants to eligible
applicantsdeleted text end new text begin a sole-source grant to the Diaper Bank of Minnesotanew text end to provide diapers to
underresourced families statewide.
To be eligible for a grant under this section, deleted text begin an applicantdeleted text end new text begin the Diaper
Bank of Minnesotanew text end must demonstrate its capacity to distribute diapers statewide by having:
(1) a network of well-established partners for diaper distribution;
(2) the infrastructure needed to efficiently manage diaper procurement and distribution
statewide;
(3) relationships with national organizations that support and enhance the work of
addressing diaper need;
(4) the ability to engage in building community awareness of diaper need and advocate
for diaper need at local, state, and federal levels;
(5) a commitment to and demonstration of working with organizations across ideological
and political spectrums;
(6) the ability to address diaper need for children from birth through early childhood;
and
(7) a commitment to working within an equity framework by ensuring access to
organizations that provide culturally specific services or are located in communities with
high concentrations of poverty.
deleted text begin Applicantsdeleted text end new text begin The Diaper Bank of Minnesotanew text end must apply to the
commissioner in a form and manner prescribed by the commissioner. Applications must be
filed at the times and for the periods determined by the commissioner.
deleted text begin An eligible applicant that receives grant money
under this section shalldeleted text end new text begin The Diaper Bank of Minnesota mustnew text end use the money new text begin awarded under
this section new text end to purchase diapers and wipes and may use up to ten percent of the money for
administrative costs.
(a) deleted text begin An eligible applicant that receives grant money under this
sectiondeleted text end new text begin The Diaper Bank of Minnesotanew text end must:
(1) retain records documenting expenditure of the grant money;
(2) report to the commissioner on the use of the grant money; and
(3) comply with any additional requirements imposed by the commissioner.
(b) The commissioner may require that a report submitted under this subdivision include
an independent audit.
Minnesota Statutes 2024, section 142D.21, subdivision 6, is amended to read:
(a) The commissioner shall provide payments under this section to
all eligible programs on a noncompetitive basis. The payment amounts shall be based on
the number of full-time equivalent staff who regularly care for children in the program,
including any employees, sole proprietors, or independent contractors.
(b) For purposes of this section, "one full-time equivalent" is defined as an individual
caring for children 32 hours per week. An individual can count as more or less than one
full-time equivalent staff, but as no more than two full-time equivalent staff.
(c) The commissioner must establish an amount to award per full-time equivalent
individual who regularly cares for children in the program.
deleted text begin
(d) Payments must be increased by ten percent for programs receiving child care
assistance payments under section 142E.08 or 142E.17 or early learning scholarships under
section 142D.25, or for programs located in a child care access equity area. The commissioner
must develop a method for establishing child care access equity areas. For purposes of this
section, "child care access equity area" means an area with low access to child care, high
poverty rates, high unemployment rates, low homeownership rates, and low median
household incomes.
deleted text end
deleted text begin (e)deleted text end new text begin (d)new text end The commissioner shall establish the form, frequency, and manner for making
payments under this section.
Minnesota Statutes 2024, section 142D.21, is amended by adding a subdivision to
read:
new text begin
(a) For the purposes of this subdivision, the following terms have the
meanings given in this paragraph.
new text end
new text begin
(1) "Great start compensation program support payment data" means data for a specified
time period showing that a great start compensation payment under this section was made
and the amount of great start compensation payments made to a child care and early learning
program.
new text end
new text begin
(2) "Data on children and families" means data about the enrollment and attendance as
described in subdivision 3, paragraph (a), clause (2).
new text end
new text begin
(b) Great start compensation program support payment data are public except that:
new text end
new text begin
(1) any data on children and families collected by the great start compensation support
payment program that may identify a specific family or child or, as determined by the
commissioner, are private data on individuals as defined in section 13.02, subdivision 12;
new text end
new text begin
(2) great start compensation payment data about operating expenses and personnel
expenses are private or nonpublic data; and
new text end
new text begin
(3) great start compensation payment data about legal nonlicensed child care providers
as described in subdivision 8 are private or nonpublic data.
new text end
Minnesota Statutes 2024, section 142B.18, subdivision 4, is amended to read:
(a) The commissioner may suspend
or revoke a license, or impose a fine if:
(1) a license holder fails to comply fully with applicable laws or rules including but not
limited to the requirements of this chapter and chapter 245C;
(2) a license holder, a controlling individual, or an individual living in the household
where the licensed services are provided or is otherwise subject to a background study has
been disqualified and the disqualification was not set aside and no variance has been granted;
(3) a license holder knowingly withholds relevant information from or gives false or
misleading information to the commissioner in connection with an application for a license,
in connection with the background study status of an individual, during an investigation,
or regarding compliance with applicable laws or rules;
(4) a license holder is excluded from any program administered by the commissioner
under section 142A.12;
(5) revocation is required under section 142B.10, subdivision 14, paragraph (d);
(6) for a family foster setting, a license holder, or an individual living in the household
where the licensed services are provided or who is otherwise subject to a background study,
has nondisqualifying background study information, as described in section 245C.05,
subdivision 4, that reflects on the license holder's ability to safely provide care to foster
children; or
(7) suspension is necessary under subdivision 3, paragraph (b), clause (2).
A license holder who has had a license issued under this chapter suspended, revoked, or
has been ordered to pay a fine must be given notice of the action by certified mail, by
personal service, or through the provider licensing and reporting hub. If mailed, the notice
must be mailed to the address shown on the application or the last known address of the
license holder. The notice must state in plain language the reasons the license was suspended
or revoked, or a fine was ordered.
(b) If the license was suspended or revoked, the notice must inform the license holder
of the right to a contested case hearing under chapter 14 and Minnesota Rules, parts
1400.8505 to 1400.8612. The license holder may appeal an order suspending or revoking
a license. The appeal of an order suspending or revoking a license must be made in writing
by certified mail, by personal service, or through the provider licensing and reporting hub.
If mailed, the appeal must be postmarked and sent to the commissioner within ten calendar
days after the license holder receives notice that the license has been suspended or revoked.
If a request is made by personal service, it must be received by the commissioner within
ten calendar days after the license holder received the order. If the order is issued through
the provider hub, the appeal must be received by the commissioner within ten calendar days
from the date the commissioner issued the order through the hub. Except as provided in
subdivision 3, paragraph (c), if a license holder submits a timely appeal of an order
suspending or revoking a license, the license holder may continue to operate the program
as provided under section 142B.10, subdivision 14, paragraphs (i) and (j), until the
commissioner issues a final order on the suspension or revocation.
(c)(1) If the license holder was ordered to pay a fine, the notice must inform the license
holder of the responsibility for payment of fines and the right to a contested case hearing
under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. The appeal of an
order to pay a fine must be made in writing by certified mail, by personal service, or through
the provider licensing and reporting hub. If mailed, the appeal must be postmarked and sent
to the commissioner within ten calendar days after the license holder receives notice that
the fine has been ordered. If a request is made by personal service, it must be received by
the commissioner within ten calendar days after the license holder received the order. If the
order is issued through the provider hub, the appeal must be received by the commissioner
within ten calendar days from the date the commissioner issued the order through the hub.
(2) The license holder shall pay the fines assessed on or before the payment date specified.
If the license holder fails to fully comply with the order, the commissioner may issue a
second fine or suspend the license until the license holder complies. If the license holder
receives state funds, the state, county, or municipal agencies or departments responsible for
administering the funds shall withhold payments and recover any payments made while the
license is suspended for failure to pay a fine. A timely appeal shall stay payment of the fine
until the commissioner issues a final order.
(3) A license holder shall promptly notify the commissioner of children, youth, and
families, in writing, when a violation specified in the order to forfeit a fine is corrected. If
upon reinspection the commissioner determines that a violation has not been corrected as
indicated by the order to forfeit a fine, the commissioner may issue a second fine. The
commissioner shall notify the license holder by certified mail, by personal service, or through
the provider licensing and reporting hub that a second fine has been assessed. The license
holder may appeal the second fine as provided under this subdivision.
(4) Fines shall be assessed as follows:
(i) the license holder shall forfeit $1,000 for each determination of maltreatment of a
child under chapter 260E or the maltreatment of a vulnerable adult under section 626.557
for which the license holder is determined responsible for the maltreatment under section
260E.30, subdivision 4, paragraphs (a) and (b), or 626.557, subdivision 9c, paragraph (c);
(ii) if the commissioner determines that a determination of maltreatment for which the
license holder is responsible is the result of maltreatment that meets the definition of serious
maltreatment as defined in section 245C.02, subdivision 18, the license holder shall forfeit
$5,000;
(iii) for a program that operates out of the license holder's home and a program licensed
under Minnesota Rules, parts 9502.0300 to 9502.0445, the fine assessed against the license
holder shall not exceed $1,000 for each determination of maltreatment;
(iv) the license holder shall forfeit $200 for each occurrence of a violation of law or rule
governing matters of health, safety, or supervision, including but not limited to the provision
of adequate staff-to-child or adult ratiosdeleted text begin , and failure to comply with background study
requirements under chapter 245Cdeleted text end ; deleted text begin and
deleted text end
new text begin
(v) the license holder shall forfeit $500 for each occurrence of failure to comply with
background study requirements under chapter 245C; and
new text end
deleted text begin (v)deleted text end new text begin (vi)new text end the license holder shall forfeit $100 for each occurrence of a violation of law or
rule other than those subject to a $5,000, $1,000, deleted text begin ordeleted text end $200new text begin , or $500new text end fine in items (i) to deleted text begin (iv)deleted text end new text begin
(v)new text end .
(5) When a fine has been assessed, the license holder may not avoid payment by closing,
selling, or otherwise transferring the licensed program to a third party. In such an event, the
license holder will be personally liable for payment. In the case of a corporation, each
controlling individual is personally and jointly liable for payment.
(d) Except for background study violations involving the failure to comply with an order
to immediately remove an individual or an order to provide continuous, direct supervision,
the commissioner shall not issue a fine under paragraph (c) relating to a background study
violation to a license holder who self-corrects a background study violation before the
commissioner discovers the violation. A license holder who has previously exercised the
provisions of this paragraph to avoid a fine for a background study violation may not avoid
a fine for a subsequent background study violation unless at least 365 days have passed
since the license holder self-corrected the earlier background study violation.
new text begin
(a) For the purposes of this section, the terms defined in this
subdivision have the meanings given.
new text end
new text begin
(b) "Facility" means the indoor and outdoor space in which child care is provided that
is owned, leased, or operated by a licensed child care center and does not include any outdoor
space that is not located on the same property as the licensed child care center.
new text end
new text begin
(c) "Video security camera" means a closed circuit video camera or other closed circuit
device that captures or records video.
new text end
new text begin
(a) Beginning July 1, 2026, a
licensed child care center must have video security cameras in public and shared areas of
its facility as provided under this subdivision and comply with the requirements of this
section if the center is required to post a maltreatment investigation memorandum under
section 142B.16, subdivision 5, or 142B.18, subdivision 6. A center must comply with the
requirements under this section within six months of when the maltreatment investigation
memorandum is posted and must maintain compliance for the length of time the
memorandum is required to be posted.
new text end
new text begin
(b) A licensed child care center must have at least one video security camera in each
room designated for infants or toddlers. The camera must be positioned to provide maximum
visibility of the room. If one camera is not sufficient to view at least 80 percent of the square
footage of the room, the center must place an additional camera or cameras in the room to
achieve maximum visibility of the room.
new text end
new text begin
(c) A licensed child care center must have a sufficient number of video security cameras
to provide visibility of all the facility's outdoor recreational equipment used by infants or
toddlers and at least 80 percent of the square footage of the facility's fenced-in outdoor space
used by infants or toddlers.
new text end
new text begin
(d) The video security cameras must:
new text end
new text begin
(1) be turned on and recording at all times the licensed child care center is in operation;
new text end
new text begin
(2) record and display the accurate date and time;
new text end
new text begin
(3) have a display resolution of 720p or higher; and
new text end
new text begin
(4) have a frames per second rate of 15 or higher.
new text end
new text begin
(e) A licensed child care center is exempt from having cameras that meet the requirements
under paragraph (d), clauses (2), (3), and (4), if the center has cameras as required in
paragraphs (b) and (c) prior to July 1, 2025.
new text end
new text begin
(a) A licensed
child care center must retain video security camera recordings for 60 calendar days after
the date of the recording. Except as provided under paragraphs (b), (c), and (d), a licensed
child care center must dispose of video security camera recordings after 60 calendar days.
new text end
new text begin
(b) A licensed child care center that receives notice from a law enforcement official of
a suspected crime committed against a child at the center may not dispose of any video
security camera recordings until the law enforcement investigation of the suspected crime
is complete.
new text end
new text begin
(c) A licensed child care center must retain video security camera recordings related to
an incident that the center must report to the commissioner under Minnesota Rules, part
9503.0130, for six months from the date of the incident.
new text end
new text begin
(d) A licensed child care center may retain video security camera recordings to use for
training center employees. Any recordings used for training purposes must redact, as defined
under section 13.825, subdivision 1, identifying information on children shown or heard in
the recording, unless a parent or legal guardian has provided written consent providing that
the center may use unredacted recordings of the parent's or guardian's child.
new text end
new text begin
(e) A licensed child care center must adhere to additional requirements issued by the
commissioner regarding retention and disposal of video security camera recordings.
new text end
new text begin
(f) A licensed child care center must establish appropriate security safeguards for video
security camera recordings, including procedures for ensuring that the recordings are only
accessible to persons whose work assignment reasonably requires access to the recordings,
and are only accessed by those persons for purposes described in the procedure. All queries
and responses, and all actions in which the recordings are accessed, shared, or disseminated,
must be recorded, including the day and time of the action and who was involved in the
action. The data created pursuant to this paragraph are subject to the same requirements as
the underlying recording under this section.
new text end
new text begin
(a) A licensed child care center may not sell,
share, transmit, or disseminate a video security camera recording to any person except as
authorized by this subdivision.
new text end
new text begin
(b) A child care center must disseminate a video security camera recording pursuant to
a valid court order, search warrant, or subpoena in a civil, criminal, or administrative
proceeding, including an investigation by the commissioner.
new text end
new text begin
(c) A licensed child care center must establish a process by which a parent or legal
guardian may review, but not obtain a copy of, a video security camera recording if the
parent or guardian provides documentation from a physician of a child's physical injury.
new text end
new text begin
(d) An employee of a licensed child care center who is the subject of proposed disciplinary
action by the center based upon evidence obtained by a video security camera must be given
access to that evidence for purposes of defending against the proposed action. An employee
who obtains a recording or a copy of the recording must treat the recording or copy
confidentially and must not further disseminate it to any other person except as required
under law. The employee must not keep the recording or copy or a portion of the recording
or copy after it is no longer needed for purposes of defending against a proposed action.
new text end
new text begin
Notwithstanding the requirement to have closed circuit video security
cameras under this section and subdivision 4, paragraph (a), a licensed child care center
that, as of July 1, 2025, provided remote viewing of video footage for parents and legal
guardians may continue to do so in the same manner.
new text end
new text begin
(a) The commissioner may not issue a fix-it ticket, correction
order, or order of conditional license against a child care center license holder for a licensing
violation that does not imminently endanger the health or safety of the children served by
the center, if the only source of evidence for the violation is video security camera recordings
reviewed as part of an investigation under subdivision 4, paragraph (b). This paragraph
expires upon implementation of the child care weighted risk system under section 142B.171.
The commissioner shall notify the revisor of statutes when the system has been implemented.
new text end
new text begin
(b) Upon implementation of the child care weighted risk system under section 142B.171,
the commissioner may not take a licensing action against a child care center license holder
for a violation that counts as 6.5 or below for a child care center in the weighted risk system,
if the only source of evidence for the violation is video security camera recordings reviewed
as part of an investigation under subdivision 4, paragraph (b).
new text end
new text begin
A licensed child care center must have a written
policy on the center's use of video security cameras that includes the following:
new text end
new text begin
(1) the days and times the video security cameras in the facility are in use;
new text end
new text begin
(2) the locations of all areas monitored by video security cameras in the facility;
new text end
new text begin
(3) the center's retention and disposal policies and procedures for the video security
camera recordings;
new text end
new text begin
(4) the center's policies governing access to the video security camera recordings; and
new text end
new text begin
(5) the center's security safeguards and procedures regarding employee access to the
recordings.
new text end
new text begin
(a) A licensed child care center must notify all parents and legal
guardians who apply to enroll or enroll a child in the center about the use of video security
cameras in the facility. At the time of a child's enrollment, the center must provide parents
and legal guardians with the video security camera policy required under subdivision 7.
new text end
new text begin
(b) A licensed child care center must post a sign at each facility entrance accessible to
visitors that states: "Video security cameras are present to record persons and activities."
new text end
new text begin
Video footage collected or maintained by the commissioner
under this section is classified as welfare data under section 13.46.
new text end
Minnesota Statutes 2024, section 142D.21, subdivision 10, is amended to read:
deleted text begin
Money appropriated under this section
is available until expended.
deleted text end
new text begin
(a) An account is established in the special revenue fund known
as the great start compensation support payment program account.
new text end
new text begin
(b) Money appropriated under this section must be transferred to the great start
compensation support payment program account in the special revenue fund.
new text end
new text begin
(c) Money in the account is annually appropriated to the commissioner for the purposes
of this section. Any returned funds are available to be regranted.
new text end
Minnesota Statutes 2024, section 142D.23, subdivision 3, is amended to read:
Grantees must use money received under this section,
either directly or through grants to eligible child care providers, for one or more of the
following purposes:
(1) the purchase of computers or mobile devices for use in business management;
(2) access to the Internet through the provision of necessary hardware such as routers
or modems or by covering the costs of monthly fees for Internet access;
(3) covering the costs of subscription to child care management software;
(4) covering the costs of training in the use of technology for business management
purposes; deleted text begin or
deleted text end
new text begin
(5) providing grants for up to $4,000 to licensed child care centers to help cover the
costs of video security cameras and related training; or
new text end
deleted text begin (5)deleted text end new text begin (6)new text end other services as determined by the commissioner.
Minnesota Statutes 2024, section 142D.31, subdivision 2, is amended to read:
(a) The nonprofit organization must use the grant for:
(1) tuition scholarships deleted text begin up to $10,000 per yeardeleted text end new text begin in amounts per year consistent with the
national TEACH early childhood program requirementsnew text end for courses leading to the nationally
recognized child development associate credential or college-level courses leading to an
associate's degree or bachelor's degree in early childhood development and school-age care;
and
(2) education incentives of a minimum of $250 to participants in the tuition scholarship
program if they complete a year of working in the early care and education field.
(b) Applicants for the scholarship must be employed by a licensed new text begin or certified new text end early
childhood or child care program and working directly with children, a licensed family child
care provider, employed by a public prekindergarten program, new text begin employed by a Head Start
program, new text end or an employee in a school-age program exempt from licensing under section
142B.05, subdivision 2, paragraph (a), clause (8). Lower wage earners must be given priority
in awarding the tuition scholarships. Scholarship recipients must contribute at least ten
percent of the total scholarship and must be sponsored by their employers, who must also
contribute at least five percent of the total scholarship. Scholarship recipients who deleted text begin are
self-employeddeleted text end new text begin work in licensed family child care under Minnesota Rules, chapter 9502,new text end
must contribute deleted text begin 20deleted text end new text begin at least tennew text end percent of the total scholarshipnew text begin and are not required to receive
employer sponsorship or employer matchnew text end .
Minnesota Statutes 2024, section 142E.03, subdivision 3, is amended to read:
(a) Notwithstanding Minnesota Rules, part 3400.0180, item
A, the county shall conduct a redetermination according to paragraphs (b) and (c).
(b) The county shall use the redetermination form developed by the commissioner. The
county must verify the factors listed in subdivision 1, paragraph (a), as part of the
redetermination.
(c) An applicant's eligibility must be redetermined no more frequently than every 12
months. The following criteria apply:
(1) a family meets the eligibility redetermination requirements if a complete
redetermination form and all required verifications are received within 30 days after the
date the form was due;
(2) if the 30th day after the date the form was due falls on a Saturday, Sunday, or holiday,
the 30-day time period is extended to include the next day that is not a Saturday, Sunday,
or holiday. Assistance shall be payable retroactively from the redetermination due date;
(3) for a family where at least one parent is younger than 21 years of age, does not have
a high school degree or commissioner of education-selected high school equivalency
certification, and is a student in a school district or another similar program that provides
or arranges for child care, parenting, social services, career and employment supports, and
academic support to achieve high school graduation, the redetermination of eligibility may
be deferred beyond 12 months, to the end of the student's school year; deleted text begin and
deleted text end
new text begin
(4) starting May 25, 2026, if a new eligible child is added to the family and has care
authorized, the redetermination of eligibility must be extended 12 months from the eligible
child's arrival date; and
new text end
deleted text begin (4)deleted text end new text begin (5)new text end a family and the family's providers must be notified that the family's
redetermination is due at least 45 days before the end of the family's 12-month eligibility
period.
Minnesota Statutes 2024, section 142E.11, subdivision 1, is amended to read:
(a) When authorizing the amount
of child care, the county agency must consider the amount of time the parent reports on the
application or redetermination form that the child attends preschool, a Head Start program,
or school while the parent is participating in an authorized activity.
(b) Care must be authorized and scheduled with a provider based on the applicant's or
participant's verified activity schedule when:
(1) the family requests care from more than one provider per child;
(2) the family requests care from a legal nonlicensed provider; or
(3) an applicant or participant is employed by any child care center that is licensed by
the Department of Children, Youth, and Families or has been identified as a high-risk
Medicaid-enrolled provider.
new text begin
This paragraph expires March 2, 2026.
new text end
(c) If the family remains eligible at redetermination, a new authorization with fewer
hours, the same hours, or increased hours may be determined.
Minnesota Statutes 2024, section 142E.11, subdivision 2, is amended to read:
(a) Notwithstanding Minnesota
Rules, chapter 3400, the amount of child care authorized under section 142E.12 for
employment, education, or an MFIP employment plan shall continue at the same number
of hours or more hours until redetermination, including:
(1) when the other parent moves in and is employed or has an education plan under
section 142E.12, subdivision 3, or has an MFIP employment plan; or
(2) when the participant's work hours are reduced or a participant temporarily stops
working or attending an approved education program. Temporary changes include, but are
not limited to, a medical leave, seasonal employment fluctuations, or a school break between
semesters.
(b) The county may increase the amount of child care authorized at any time if the
participant verifies the need for increased hours for authorized activities.
(c) The county may reduce the amount of child care authorized if a parent requests a
reduction or because of a change in:
(1) the child's school schedule;
(2) the custody schedule; or
(3) the provider's availability.
(d) The amount of child care authorized for a family subject to subdivision 1, paragraph
(b), must change when the participant's activity schedule changes. Paragraph (a) does not
apply to a family subject to subdivision 1, paragraph (b).new text begin This paragraph expires March 2,
2026.
new text end
(e) When a child reaches 13 years of age or a child with a disability reaches 15 years of
age, the amount of child care authorized shall continue at the same number of hours or more
hours until redetermination.
Minnesota Statutes 2024, section 142E.13, subdivision 2, is amended to read:
(a) If the family received three
months of extended eligibility and redetermination is not due, to continue receiving child
care assistance the participant must be employed or have an education plan that meets the
requirements of section 142E.12, subdivision 3, or have an MFIP employment plan.
new text begin Notwithstanding Minnesota Rules, part 3400.0110, new text end if child care assistance continues, the
amount of child care authorized shall continue at the same number or more hours until
redetermination, unless a condition in section 142E.11, subdivision 2, paragraph (c), applies.
deleted text begin A family subject to section 142E.11, subdivision 1, paragraph (b), shall have child care
authorized based on a verified activity schedule.
deleted text end
(b) If the family's redetermination occurs before the end of the three-month extended
eligibility period to continue receiving child care assistance, the participant must verify that
the participant meets eligibility and activity requirements for child care assistance under
this chapter. deleted text begin Ifdeleted text end new text begin Notwithstanding Minnesota Rules, part 3400.0110, ifnew text end child care assistance
continues, the amount of child care authorized is based on section 142E.12. deleted text begin A family subject
to section 142E.11, subdivision 1, paragraph (b), shall have child care authorized based on
a verified activity schedule.
deleted text end
new text begin
This section is effective May 25, 2026.
new text end
Minnesota Statutes 2024, section 142E.15, subdivision 1, is amended to read:
All changes to parent fees must be implemented on the
first Monday of the service period following the effective date of the change.
PARENT FEE SCHEDULE. The parent fee schedule is as follows, except as noted in
subdivision 2:
Income Range (as a percent of the state median income, except at the start of the first tier) |
Co-payment (as a percentage of adjusted gross income) |
deleted text begin 0-74.99%deleted text end new text begin 0-99.99%new text end of federal poverty guidelines |
$0/biweekly |
deleted text begin
75.00-99.99% of federal poverty guidelines deleted text end |
deleted text begin
$2/biweekly deleted text end |
100.00% of federal poverty guidelines-deleted text begin 27.72%deleted text end new text begin 27.99% new text end |
deleted text begin
2.61%
deleted text end
new text begin
2.6% new text end |
deleted text begin
27.73-29.04% deleted text end |
deleted text begin
2.61% deleted text end |
deleted text begin
29.05-30.36% deleted text end |
deleted text begin
2.61% deleted text end |
deleted text begin
30.37-31.68% deleted text end |
deleted text begin
2.61% deleted text end |
deleted text begin
31.69-33.00% deleted text end |
deleted text begin
2.91% deleted text end |
deleted text begin
33.01-34.32% deleted text end |
deleted text begin
2.91% deleted text end |
deleted text begin
34.33-35.65% deleted text end |
deleted text begin
2.91% deleted text end |
deleted text begin
35.66-36.96% deleted text end |
deleted text begin
2.91% deleted text end |
deleted text begin
36.97-38.29% deleted text end |
deleted text begin
3.21% deleted text end |
deleted text begin
38.30-39.61% deleted text end |
deleted text begin
3.21% deleted text end |
deleted text begin
39.62-40.93% deleted text end |
deleted text begin
3.21% deleted text end |
deleted text begin
40.94-42.25% deleted text end |
deleted text begin
3.84% deleted text end |
deleted text begin
42.26-43.57% deleted text end |
deleted text begin
3.84% deleted text end |
deleted text begin
43.58-44.89% deleted text end |
deleted text begin
4.46% deleted text end |
deleted text begin
44.90-46.21% deleted text end |
deleted text begin
4.76% deleted text end |
deleted text begin
46.22-47.53% deleted text end |
deleted text begin
5.05% deleted text end |
deleted text begin
47.54-48.85% deleted text end |
deleted text begin
5.65% deleted text end |
deleted text begin
48.86-50.17% deleted text end |
deleted text begin
5.95% deleted text end |
deleted text begin
50.18-51.49% deleted text end |
deleted text begin
6.24% deleted text end |
deleted text begin
51.50-52.81% deleted text end |
deleted text begin
6.84% deleted text end |
deleted text begin
52.82-54.13% deleted text end |
deleted text begin
7.58% deleted text end |
deleted text begin
54.14-55.45% deleted text end |
deleted text begin
8.33% deleted text end |
deleted text begin
55.46-56.77% deleted text end |
deleted text begin
9.20% deleted text end |
deleted text begin
56.78-58.09% deleted text end |
deleted text begin
10.07% deleted text end |
deleted text begin
58.10-59.41% deleted text end |
deleted text begin
10.94% deleted text end |
deleted text begin
59.42-60.73% deleted text end |
deleted text begin
11.55% deleted text end |
deleted text begin
60.74-62.06% deleted text end |
deleted text begin
12.16% deleted text end |
deleted text begin
62.07-63.38% deleted text end |
deleted text begin
12.77% deleted text end |
deleted text begin
63.39-64.70% deleted text end |
deleted text begin
13.38% deleted text end |
deleted text begin
64.71-67.00% deleted text end |
deleted text begin
14.00% deleted text end |
new text begin
28.00-30.99% new text end |
new text begin
2.6% new text end |
new text begin
31.00-33.99% new text end |
new text begin
2.6% new text end |
new text begin
34.00-36.99% new text end |
new text begin
2.9% new text end |
new text begin
37.00-39.99% new text end |
new text begin
3.2% new text end |
new text begin
40.00-42.99% new text end |
new text begin
3.8% new text end |
new text begin
43.00-45.99% new text end |
new text begin
4.4% new text end |
new text begin
46.00-48.99% new text end |
new text begin
5.0% new text end |
new text begin
49.00-51.99% new text end |
new text begin
5.6% new text end |
new text begin
52.00-54.99% new text end |
new text begin
6.2% new text end |
new text begin
55.00-57.99% new text end |
new text begin
6.8% new text end |
new text begin
58.00-60.99% new text end |
new text begin
6.9% new text end |
new text begin
61.00-63.99% new text end |
new text begin
6.9% new text end |
new text begin
64.00-67.00% new text end |
new text begin
6.9% new text end |
Greater than 67.00% | ineligible |
A family's biweekly co-payment fee is the fixed percentage established for the income
range multiplied by the deleted text begin highestdeleted text end new text begin lowestnew text end possible income within that income range.
new text begin
This section is effective October 13, 2025.
new text end
Minnesota Statutes 2024, section 142E.16, subdivision 3, is amended to read:
(a) Prior to initial authorization as required in subdivision
1, a legal nonlicensed family child care provider must complete first aid and CPR training
and provide the verification of first aid and CPR training to the commissioner. The training
documentation must have valid effective dates as of the date the registration request is
submitted to the commissioner. The training must have been provided by an individual
approved to provide first aid and CPR instruction and have included CPR techniques for
infants and children.
(b) Upon each reauthorization after the authorization period when the initial first aid
and CPR training requirements are met, a legal nonlicensed family child care provider must
provide verification of at least eight hours of additional training listed in the Minnesota
Center for Professional Development Registry.
new text begin
(c) Every 12 months, a legal nonlicensed family child care provider who is unrelated to
the child they care for must complete two hours of training in caring for children approved
by the commissioner.
new text end
deleted text begin (c)deleted text end new text begin (d)new text end This subdivision only applies to legal nonlicensed family child care providers.
new text begin
This section is effective October 1, 2025.
new text end
Minnesota Statutes 2024, section 142E.16, subdivision 7, is amended to read:
(a) As a condition of payment, all providers
receiving child care assistance payments must:
(1) keep accurate and legible daily attendance records at the site where services are
delivered for children receiving child care assistance; deleted text begin and
deleted text end
(2) make those records available immediately to the county or the commissioner upon
request. Any records not provided to a county or the commissioner at the date and time of
the request are deemed inadmissible if offered as evidence by the provider in any proceeding
to contest an overpayment or disqualification of the providerdeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(3) submit data on child enrollment and attendance in the form and manner specified by
the commissioner.
new text end
(b) As a condition of payment, attendance records must be completed daily and include
the date, the first and last name of each child in attendance, and the times when each child
is dropped off and picked up. To the extent possible, the times that the child was dropped
off to and picked up from the child care provider must be entered by the person dropping
off or picking up the child. The daily attendance records must be retained at the site where
services are delivered for six years after the date of service.
(c) When the county or the commissioner knows or has reason to believe that a current
or former provider has not complied with the record-keeping requirement in this subdivision:
(1) the commissioner may:
(i) deny or revoke a provider's authorization to receive child care assistance payments
under section 142E.17, subdivision 9, paragraph (d);
(ii) pursue an administrative disqualification under sections 142E.51, subdivision 5, and
256.98; or
(iii) take an action against the provider under deleted text begin sections 142E.50 to 142E.58deleted text end new text begin section
142E.51new text end ; or
(2) a county or the commissioner may establish an attendance record overpayment under
paragraph (d).
(d) To calculate an attendance record overpayment under this subdivision, the
commissioner or county agency shall subtract the maximum daily rate from the total amount
paid to a provider for each day that a child's attendance record is missing, unavailable,
incomplete, inaccurate, or otherwise inadequate.
(e) The commissioner shall develop criteria for a county to determine an attendance
record overpayment under this subdivision.
new text begin
This section is effective June 22, 2026.
new text end
Minnesota Statutes 2024, section 142E.17, subdivision 9, is amended to read:
(a) A provider shall bill only for services documented
according to section 142E.16, subdivision 7. The provider shall bill for services provided
within ten days of the end of the service period.new text begin A provider must sign each bill and declare,
under penalty of perjury as provided in section 609.48, that the information in the bill is
true and correct.new text end Payments under the child care fund shall be made within 21 days of
receiving a complete bill from the provider. Counties or the state may establish policies that
make payments on a more frequent basis.
(b) If a provider has received an authorization of care and been issued a billing form for
an eligible family, the bill must be submitted within 60 days of the last date of service on
the bill. A bill submitted more than 60 days after the last date of service must be paid if the
county determines that the provider has shown good cause why the bill was not submitted
within 60 days. Good cause must be defined in the county's child care fund plan under
section 142E.09, subdivision 3, and the definition of good cause must include county error.
Any bill submitted more than a year after the last date of service on the bill must not be
paid.
(c) If a provider provided care for a time period without receiving an authorization of
care and a billing form for an eligible family, payment of child care assistance may only be
made retroactively for a maximum of three months from the date the provider is issued an
authorization of care and a billing form. For a family at application, if a provider provided
child care during a time period without receiving an authorization of care and a billing form,
a county may only make child care assistance payments to the provider retroactively from
the date that child care began, or from the date that the family's eligibility began under
section 142E.10, subdivision 7, or from the date that the family meets authorization
requirements, not to exceed six months from the date that the provider is issued an
authorization of care and a billing form, whichever is later.
(d) The commissioner may refuse to issue a child care authorization to a certified,
licensed, or legal nonlicensed provider; revoke an existing child care authorization to a
certified, licensed, or legal nonlicensed provider; stop payment issued to a certified, licensed,
or legal nonlicensed provider; or refuse to pay a bill submitted by a certified, licensed, or
legal nonlicensed provider if:
(1) the provider admits to intentionally giving the county materially false information
on the provider's billing forms;
(2) the commissioner finds by a preponderance of the evidence that the provider
intentionally gave the county materially false information on the provider's billing forms,
or provided false attendance records to a county or the commissioner;
(3) the provider is in violation of child care assistance program rules, until the agency
determines those violations have been corrected;
(4) the provider is operating after:
(i) an order of suspension of the provider's license issued by the commissioner;
(ii) an order of revocation of the provider's license issued by the commissioner; or
(iii) an order of decertification issued to the provider;
(5) the provider submits false attendance reports or refuses to provide documentation
of the child's attendance upon request;
(6) the provider gives false child care price information; or
(7) the provider fails to report decreases in a child's attendance as required under section
142E.16, subdivision 9.
(e) For purposes of paragraph (d), clauses (3), (5), (6), and (7), the commissioner may
withhold the provider's authorization or payment for a period of time not to exceed three
months beyond the time the condition has been corrected.
(f) A county's payment policies must be included in the county's child care plan under
section 142E.09, subdivision 3. If payments are made by the state, in addition to being in
compliance with this subdivision, the payments must be made in compliance with section
16A.124.
(g) If the commissioner suspends or refuses payment to a provider under paragraph (d),
clause (1) or (2), or sections 142E.50 to 142E.58 and the provider has:
(1) a disqualification for wrongfully obtaining assistance under section 256.98,
subdivision 8, paragraph (c);
(2) an administrative disqualification under section 142E.51, subdivision 5; or
(3) a termination under section 142E.51, subdivision 4, paragraph (c), clause (4), or
142E.55;
then the provider forfeits the payment to the commissioner or the responsible county agency,
regardless of the amount assessed in an overpayment, charged in a criminal complaint, or
ordered as criminal restitution.
new text begin
This section is effective September 15, 2025.
new text end
Minnesota Statutes 2024, section 245.0962, subdivision 1, is amended to read:
The commissioner of deleted text begin human servicesdeleted text end new text begin children, youth,
and familiesnew text end must establish a quality parenting initiative grant program to implement quality
parenting initiative principles and practices to support children and families experiencing
foster care placements.
new text begin
This section is effective July 1, 2025.
new text end
new text begin
Notwithstanding Minnesota Statutes, section 142E.04, subdivisions 6, 7, and 8, the
commissioner of children, youth, and families must allocate additional basic sliding fee
child care money for calendar years 2026 and 2027 to counties and Tribes to account for
eliminating the schedule reporter designation in the child care assistance program. In
allocating the additional money, the commissioner shall consider:
new text end
new text begin
(1) the number of children who are in schedule reporter families; and
new text end
new text begin
(2) the average basic sliding fee cost of care in the county or Tribe.
new text end
new text begin
To the extent there is funding available for
these purposes in the state systems account established under Minnesota Statutes, section
142A.04, subdivision 2, the commissioner of children, youth, and families must establish
and implement the information technology systems described under this section.
new text end
new text begin
(a) The commissioner must establish and
implement an application tool that allows families to apply for available early care and
education support programs. The application tool must:
new text end
new text begin
(1) provide integrated support in multiple languages, including real-time translation
capabilities;
new text end
new text begin
(2) include an eligibility screener;
new text end
new text begin
(3) include capability for automatic pre-population of known family information and
use open authorization to validate identity;
new text end
new text begin
(4) enable application completion and submission across multiple programs and services;
new text end
new text begin
(5) integrate selection tool for early care and education programs;
new text end
new text begin
(6) reach families through various ways, including employers, employee organizations,
and medical assistance managed care organizations; and
new text end
new text begin
(7) operate using the software as a service model that ensures frequent maintenance and
user experience updates.
new text end
new text begin
(b) Funding under this section for the application tool may only be used for early care
and education support programs.
new text end
new text begin
The commissioner must establish and implement a
centralized, integrated payment system for early care and education funding streams that:
new text end
new text begin
(1) integrates seamlessly with the existing provider licensing and reporting hub;
new text end
new text begin
(2) implements real-time payment processing and cash management capabilities, including
instant fund transfers and automated reconciliation;
new text end
new text begin
(3) incorporates robust security measures, including fraud detection and prevention;
new text end
new text begin
(4) enables automated compliance with state and federal reporting requirements;
new text end
new text begin
(5) provides a user-friendly interface with mobile accessibility for child care providers
to manage invoices and payments;
new text end
new text begin
(6) ensures interoperability with other relevant state systems and databases; and
new text end
new text begin
(7) implements data quality monitoring and reporting tools to support decision making.
new text end
new text begin
The commissioner must provide quarterly
implementation updates to the chairs and minority leads of the committees with jurisdiction
over programs for children and families. The quarterly updates must describe the department's
progress toward establishing and implementing the information technology systems under
this section. The quarterly updates must continue until either the systems are fully
implemented or the department no longer has sufficient funding for the purposes identified
in this section.
new text end
new text begin
The revisor of statutes shall renumber Minnesota Statutes, section 245.0962, as Minnesota
Statutes, section 142A.47. The revisor shall also make necessary cross-reference changes
consistent with the renumbering.
new text end
new text begin
This section is effective July 1, 2025.
new text end
new text begin
The revisor of statutes shall renumber Minnesota Statutes, section 142D.12, subdivision
3, as Minnesota Statutes, section 120B.121. The revisor shall also make necessary
cross-reference changes consistent with the renumbering.
new text end
Minnesota Statutes 2024, section 142B.01, is amended by adding a subdivision
to read:
new text begin
For purposes of child care centers, "education" means accredited
coursework in behavior guidance, child abuse and neglect prevention, child development,
child health and safety, child health and wellness, child nutrition, child psychology, child
study techniques, children with special needs, communication studies, computer science,
coordination of community and school activities, cultural studies, curriculum planning,
early childhood education, early childhood special education, elementary education,
elementary special education, English language arts, ethics, family studies, history,
mathematics, music, parent involvement, psychology, recreational sports, arts and crafts
methods or theory, science, social studies, sociology, or other coursework approved by the
commissioner.
new text end
new text begin
This section is effective August 1, 2025.
new text end
Minnesota Statutes 2024, section 142B.10, subdivision 14, is amended to read:
(a) If the commissioner determines that
the program complies with all applicable rules and laws, the commissioner shall issue a
license consistent with this section or, if applicable, a temporary change of ownership license
under section 142B.11. At minimum, the license shall state:
(1) the name of the license holder;
(2) the address of the program;
(3) the effective date and expiration date of the license;
(4) the type of license;
(5) the maximum number and ages of persons that may receive services from the program;
and
(6) any special conditions of licensure.
(b) The commissioner may issue a license for a period not to exceed two years if:
(1) the commissioner is unable to conduct the observation required by subdivision 11,
paragraph (a), clause (3), because the program is not yet operational;
(2) certain records and documents are not available because persons are not yet receiving
services from the program; and
(3) the applicant complies with applicable laws and rules in all other respects.
(c) A decision by the commissioner to issue a license does not guarantee that any person
or persons will be placed or cared for in the licensed program.
(d) Except as provided in paragraphs (i) and (j), the commissioner shall not issue a
license if the applicant, license holder, or an affiliated controlling individual has:
(1) been disqualified and the disqualification was not set aside and no variance has been
granted;
(2) been denied a license under this chapter or chapter 245A within the past two years;
(3) had a license issued under this chapter or chapter 245A revoked within the past five
years; or
(4) failed to submit the information required of an applicant under subdivision 1,
paragraph (f), (g), or (h), after being requested by the commissioner.
When a license issued under this chapter or chapter 245A is revoked, the license holder
and each affiliated controlling individual with a revoked license may not hold any license
under chapter 142B for five years following the revocation, and other licenses held by the
applicant or license holder or licenses affiliated with each controlling individual shall also
be revoked.
(e) Notwithstanding paragraph (d), the commissioner may elect not to revoke a license
affiliated with a license holder or controlling individual that had a license revoked within
the past five years if the commissioner determines that (1) the license holder or controlling
individual is operating the program in substantial compliance with applicable laws and rules
and (2) the program's continued operation is in the best interests of the community being
served.
(f) Notwithstanding paragraph (d), the commissioner may issue a new license in response
to an application that is affiliated with an applicant, license holder, or controlling individual
that had an application denied within the past two years or a license revoked within the past
five years if the commissioner determines that (1) the applicant or controlling individual
has operated one or more programs in substantial compliance with applicable laws and rules
and (2) the program's operation would be in the best interests of the community to be served.
(g) In determining whether a program's operation would be in the best interests of the
community to be served, the commissioner shall consider factors such as the number of
persons served, the availability of alternative services available in the surrounding
community, the management structure of the program, whether the program provides
culturally specific services, and other relevant factors.
(h) The commissioner shall not issue or reissue a license under this chapter if an individual
living in the household where the services will be provided as specified under section
245C.03, subdivision 1, has been disqualified and the disqualification has not been set aside
and no variance has been granted.
(i) Pursuant to section 142B.18, subdivision 1, paragraph (b), when a license issued
under this chapter has been suspended or revoked and the suspension or revocation is under
appeal, the program may continue to operate pending a final order from the commissioner.
If the license under suspension or revocation will expire before a final order is issued, a
temporary provisional license may be issued provided any applicable license fee is paid
before the temporary provisional license is issued.
(j) Notwithstanding paragraph (i), when a revocation is based on the disqualification of
a controlling individual or license holder, and the controlling individual or license holder
is ordered under section 245C.17 to be immediately removed from direct contact with
persons receiving services or is ordered to be under continuous, direct supervision when
providing direct contact services, the program may continue to operate only if the program
complies with the order and submits documentation demonstrating compliance with the
order. If the disqualified individual fails to submit a timely request for reconsideration, or
if the disqualification is not set aside and no variance is granted, the order to immediately
remove the individual from direct contact or to be under continuous, direct supervision
remains in effect pending the outcome of a hearing and final order from the commissioner.
(k) For purposes of reimbursement for meals only, under the Child and Adult Care Food
Program, Code of Federal Regulations, title 7, subtitle B, chapter II, subchapter A, part 226,
relocation within the same county by a licensed family day care provider, shall be considered
an extension of the license for a period of no more than 30 calendar days or until the new
license is issued, whichever occurs first, provided the county agency has determined the
family day care provider meets licensure requirements at the new location.
(l) Unless otherwise specified by statute, all licenses issued under this chapter expire at
12:01 a.m. on the day after the expiration date stated on the license. A license holder must
deleted text begin apply for and be granteddeleted text end new text begin comply with the requirements in section 142B.12 and be reissuednew text end
a new license to operate the program or the program must not be operated after the expiration
date.new text begin Child foster care license holders must apply for and be granted a new license to operate
the program or the program must not be operated after the expiration date. Upon
implementation of the provider licensing and reporting hub, licenses may be issued each
calendar year.
new text end
(m) The commissioner shall not issue or reissue a license under this chapter if it has
been determined that a tribal licensing authority has established jurisdiction to license the
program or service.
(n) The commissioner of children, youth, and families shall coordinate and share data
with the commissioner of human services to enforce this section.
Minnesota Statutes 2024, section 142B.10, subdivision 16, is amended to read:
(a) The commissioner may grant variances to rules that do not
affect the health or safety of persons in a licensed program if the following conditions are
met:
(1) the variance must be requested by an applicant or license holder on a form and in a
manner prescribed by the commissioner;
(2) the request for a variance must include the reasons that the applicant or license holder
cannot comply with a requirement as stated in the rule and the alternative equivalent measures
that the applicant or license holder will follow to comply with the intent of the rule; and
(3) the request must state the period of time for which the variance is requested.
The commissioner may grant a permanent variance when conditions under which the variance
is requested do not affect the health or safety of persons being served by the licensed program,
nor compromise the qualifications of staff to provide services. The permanent variance shall
expire as soon as the conditions that warranted the variance are modified in any way. Any
applicant or license holder must inform the commissioner of any changes or modifications
that have occurred in the conditions that warranted the permanent variance. Failure to advise
the commissioner shall result in revocation of the permanent variance and may be cause for
other sanctions under sections 142B.17 and 142B.18.
The commissioner's decision to grant or deny a variance request is final and not subject to
appeal under the provisions of chapter 14.
(b) The commissioner shall consider variances for child care center staff qualification
requirements under Minnesota Rules, parts 9503.0032 and 9503.0033, that do not affect
the health and safety of children served by the center. A variance request must be submitted
to the commissioner in accordance with paragraph (a) and must include a plan for the staff
person to gain additional experience, education, or training, as requested by the commissioner.
When reviewing a variance request under this section, the commissioner shall consider the
staff person's level of professional development, including but not limited to steps completed
on the Minnesota career lattice.
new text begin
(c) The commissioner must grant a variance for a child care program's licensed capacity
limit if:
new text end
new text begin
(1) the program's indoor space is within 100 square feet of what would be required for
maximum capacity in the program based on the program's number and qualifications of
staff;
new text end
new text begin
(2) the state fire marshal approves the variance; and
new text end
new text begin
(3) the applicant or license holder submits the variance request to the commissioner in
accordance with paragraph (a).
new text end
new text begin
A child care program's licensed capacity must not increase by more than two children under
this paragraph. For purposes of this paragraph, a "child care program" means a child care
center or family or group family child care provider licensed under this chapter and Minnesota
Rules, chapter 9502 or 9503.
new text end
deleted text begin (c)deleted text end new text begin (d)new text end Counties shall use a uniform application form developed by the commissioner
for variance requests by family child care license holders.
Minnesota Statutes 2024, section 142B.16, subdivision 2, is amended to read:
(a) If the applicant or license holder
believes that the contents of the commissioner's correction order are in error, the applicant
or license holder may ask the Department of Children, Youth, and Families to reconsider
the parts of the correction order that are alleged to be in error. The request for reconsideration
must be made in writing and must be postmarked and sent to the commissioner within 20
calendar days after receipt of the correction order new text begin under this paragraph, or receipt of the
interpretive guidance under paragraph (d), new text end by the applicant or license holder or submitted
in the provider licensing and reporting hub within 20 calendar days from the date the
commissioner issued the order new text begin under this paragraph, or provided the interpretive guidance
under paragraph (d), new text end through the hub, and:
(1) specify the parts of the correction order that are alleged to be in error;
(2) explain why they are in error; and
(3) include documentation to support the allegation of error.
new text begin (b) new text end Upon implementation of the provider licensing and reporting hub, the provider must
use the hub to request reconsiderationnew text begin under this paragraph, or to request interpretive guidance
under paragraph (d)new text end . A request for reconsideration does not stay any provisions or
requirements of the correction order. The commissioner's disposition of a request for
reconsideration is final and not subject to appeal under chapter 14.
deleted text begin (b)deleted text end new text begin (c)new text end This paragraph applies only to licensed family child care providers. A licensed
family child care provider who requests reconsideration of a correction order under paragraph
(a) may also request, on a form and in the manner prescribed by the commissioner, that the
commissioner expedite the review if:
(1) the provider is challenging a violation and provides a description of how complying
with the corrective action for that violation would require the substantial expenditure of
funds or a significant change to their program; and
(2) describes what actions the provider will take in lieu of the corrective action ordered
to ensure the health and safety of children in care pending the commissioner's review of the
correction order.
new text begin
(d) Prior to a request for reconsideration under paragraph (a), if the applicant or license
holder believes that the applicable rule or statute is ambiguous or the commissioner's
interpretation of the applicable rule or statute is in error, the applicant or license holder may
ask the Department of Children, Youth, and Families to provide interpretive guidance on
the applicable rule or statute underlying the correction order.
new text end
new text begin
(e) The commissioner must not publicly post the correction order for licensed child care
centers or licensed family child care providers on the department's website until:
new text end
new text begin
(1) after the 20-calendar-day period for requesting reconsideration; or
new text end
new text begin
(2) if the applicant or license holder requested reconsideration, after the commissioner's
disposition of a request for reconsideration is provided to the applicant or license holder.
new text end
new text begin
This section is effective July 1, 2025, except that paragraph (e)
is effective January 1, 2026, or upon federal approval, whichever is later. The commissioner
of children, youth, and families must notify the revisor of statutes when federal approval is
obtained.
new text end
Minnesota Statutes 2024, section 142B.16, subdivision 5, is amended to read:
For licensed family child care
providers and child care centers, upon receipt of any order of conditional license issued by
the commissioner under this section, and notwithstanding a pending request for
reconsideration of the order of conditional license by the license holder, the license holder
shall post the order of conditional license in a place that is conspicuous to the people receiving
services and all visitors to the facility for two years. When the order of conditional license
is accompanied by a maltreatment investigation memorandum prepared under section
626.557 or chapter 260E, the investigation memoranda must be posted with the order of
conditional licensenew text begin , and the license holder must post both in a place that is conspicuous to
the people receiving services and all visitors to the facility for ten yearsnew text end .
Minnesota Statutes 2024, section 142B.171, subdivision 2, is amended to read:
(a) In lieu of a correction order under section
142B.16, the commissioner shall provide documented technical assistance to a family child
care or child care center license holder if the commissioner finds that:
(1) the license holder has failed to comply with a requirement in this chapter or Minnesota
Rules, chapter 9502 or 9503, that the commissioner determines to be low risk as determined
by the child care weighted risk system;
(2) the noncompliance does not imminently endanger the health, safety, or rights of the
persons served by the program; and
(3) the license holder did not receive documented technical assistance or a correction
order for the same violation at the license holder's most recent annual licensing inspection.
(b) Documented technical assistance must include communication from the commissioner
to the license holder that:
(1) states the conditions that constitute a violation of a law or rule;
(2) references the specific law or rule violated; and
(3) explains remedies for correcting the violation.
deleted text begin
(c) The commissioner shall not publicly publish documented technical assistance on the
department's website.
deleted text end
Minnesota Statutes 2024, section 142B.18, subdivision 6, is amended to read:
For licensed family child care
providers and child care centers, upon receipt of any order of license suspension, temporary
immediate suspension, fine, or revocation issued by the commissioner under this section,
and notwithstanding a pending appeal of the order of license suspension, temporary
immediate suspension, fine, or revocation by the license holder, the license holder shall
post the order of license suspension, temporary immediate suspension, fine, or revocation
in a place that is conspicuous to the people receiving services and all visitors to the facility
for two years. When the order of license suspension, temporary immediate suspension, fine,
or revocation is accompanied by a maltreatment investigation memorandum prepared under
section 626.557 or chapter 260E, the investigation memoranda must be posted with the
order of license suspension, temporary immediate suspension, fine, or revocationnew text begin , and the
license holder must post both in a place that is conspicuous to the people receiving services
and all visitors to the facility for ten yearsnew text end .
new text begin
(a) The commissioner must post a summary document for each licensing action, except
correction orders under section 142B.16, issued to a licensed child care center and family
child care provider on the Licensing Information Lookup public website maintained by the
Department of Children, Youth, and Families. The commissioner must not post any
communication, including letters, from the commissioner to the center or provider.
new text end
new text begin
(b) The commissioner must remove a summary document from the Licensing Information
Lookup public website within ten days of the length of time that the document is required
to be posted under Code of Federal Regulations, title 45, section 98.33.
new text end
new text begin
(c) The requirement to post summary documents under this section only applies to
licensing actions issued to licensed child care centers and family child care providers after
the effective date of this section.
new text end
new text begin
This section is effective January 1, 2026, or upon federal approval,
whichever is later. The commissioner of children, youth, and families must notify the revisor
of statutes when federal approval is obtained.
new text end
Minnesota Statutes 2024, section 142B.30, subdivision 1, is amended to read:
(a) County agencies and private
agencies that have been designated or licensed by the commissioner to perform licensing
functions and activities under section 142B.10; to recommend denial of applicants under
section 142B.15; to issue correction orders, to issue variances, and to recommend a
conditional license under section 142B.16; or to recommend suspending or revoking a
license or issuing a fine under section 142B.18, shall comply with rules and directives of
the commissioner governing those functions and with this section. The following variances
are excluded from the delegation of variance authority and may be issued only by the
commissioner:
(1) dual licensure of family child care and family child foster care;
(2) child foster care maximum age requirement;
(3) variances regarding disqualified individuals;
(4) variances to requirements relating to chemical use problems of a license holder or a
household member of a license holder; and
(5) variances to section 142B.74 for a time-limited period. If the commissioner grants
a variance under this clause, the license holder must provide notice of the variance to all
parents and guardians of the children in care.
(b) The commissioners of human services and children, youth, and families must both
approve a variance for dual licensure of family child foster care and family adult foster care
or family adult foster care and family child care. Variances under this paragraph are excluded
from the delegation of variance authority and may be issued only by both commissioners.
(c) Except as provided in section 142B.41, subdivision 4, paragraph (e), a county agency
must not grant a license holder a variance to exceed the maximum allowable family child
care license capacity of 14 children.
(d) A county agency that has been designated by the commissioner to issue family child
care variances must:
(1) publish the county agency's policies and criteria for issuing variances on the county's
public website and update the policies as necessary; and
(2) annually distribute the county agency's policies and criteria for issuing variances to
all family child care license holders in the county.
(e) Before the implementation of NETStudy 2.0, county agencies must report information
about disqualification reconsiderations under sections 245C.25 and 245C.27, subdivision
2, paragraphs (a) and (b), and variances granted under paragraph (a), clause (5), to the
commissioner at least monthly in a format prescribed by the commissioner.
(f) For family child care programs, the commissioner shall require a county agency to
conduct one unannounced licensing review at least annually.
(g) A new text begin child foster care new text end license issued under this section may be issued for up to two yearsnew text begin
until implementation of the provider licensing and reporting hub. Upon implementation of
the provider licensing and reporting hub, licenses may be issued each calendar yearnew text end .
(h) A county agency shall report to the commissioner, in a manner prescribed by the
commissioner, the following information for a licensed family child care program:
(1) the results of each licensing review completed, including the date of the review, and
any licensing correction order issued;
(2) any death, serious injury, or determination of substantiated maltreatment; and
(3) any fires that require the service of a fire department within 48 hours of the fire. The
information under this clause must also be reported to the state fire marshal within two
business days of receiving notice from a licensed family child care provider.
Minnesota Statutes 2024, section 142B.41, is amended by adding a subdivision
to read:
new text begin
Notwithstanding Minnesota Rules, part 9503.0040, subpart
2, item B, an aide may substitute for a teacher during morning arrival and afternoon departure
times in a licensed child care center if the total arrival and departure time does not exceed
25 percent of the center's daily hours of operation. In order for an aide to be used in this
capacity, an aide must:
new text end
new text begin
(1) be at least 18 years of age;
new text end
new text begin
(2) have worked in the licensed child care center for a minimum of 30 days; and
new text end
new text begin
(3) have completed all preservice and first-90-days training required for licensing.
new text end
new text begin
This section is effective July 1, 2025.
new text end
Minnesota Statutes 2024, section 142B.51, subdivision 2, is amended to read:
(a) Programs
licensed by the Department of Human Services under chapter 245A or the Department of
Children, Youth, and Families under this chapter and Minnesota Rules, chapter 2960, that
serve a child or children under deleted text begin eightdeleted text end new text begin ninenew text end years of age must document training that fulfills
the requirements in this subdivision.
(b) Before a license holder, staff person, or caregiver transports a child or children under
age deleted text begin eightdeleted text end new text begin ninenew text end in a motor vehicle, the person transporting the child must satisfactorily
complete training on the proper use and installation of child restraint systems in motor
vehicles. Training completed under this section may be used to meet initial or ongoing
training under Minnesota Rules, part 2960.3070, subparts 1 and 2.
(c) Training required under this section must be completed at orientation or initial training
and repeated at least once every five years. At a minimum, the training must address the
proper use of child restraint systems based on the child's size, weight, and age, and the
proper installation of a car seat or booster seat in the motor vehicle used by the license
holder to transport the child or children.
(d) Training under paragraph (c) must be provided by individuals who are certified and
approved by the Office of Traffic Safety within the Department of Public Safety. License
holders may obtain a list of certified and approved trainers through the Department of Public
Safety website or by contacting the agency.
deleted text begin
(e) Notwithstanding paragraph (a), for an emergency relative placement under section
142B.06, the commissioner may grant a variance to the training required by this subdivision
for a relative who completes a child seat safety check up. The child seat safety check up
trainer must be approved by the Department of Public Safety, Office of Traffic Safety, and
must provide one-on-one instruction on placing a child of a specific age in the exact child
passenger restraint in the motor vehicle in which the child will be transported. Once granted
a variance, and if all other licensing requirements are met, the relative applicant may receive
a license and may transport a relative foster child younger than eight years of age. A child
seat safety check up must be completed each time a child requires a different size car seat
according to car seat and vehicle manufacturer guidelines. A relative license holder must
complete training that meets the other requirements of this subdivision prior to placement
of another foster child younger than eight years of age in the home or prior to the renewal
of the child foster care license.
deleted text end
new text begin
This section is effective January 1, 2026, except paragraph (e),
which is effective July 1, 2026.
new text end
Minnesota Statutes 2024, section 142B.65, subdivision 8, is amended to read:
(a) Before a license
holder transports a child or children under age deleted text begin eightdeleted text end new text begin ninenew text end in a motor vehicle, the person
placing the child or children in a passenger restraint must satisfactorily complete training
on the proper use and installation of child restraint systems in motor vehicles.
(b) Training required under this subdivision must be repeated at least once every five
years. At a minimum, the training must address the proper use of child restraint systems
based on the child's size, weight, and age, and the proper installation of a car seat or booster
seat in the motor vehicle used by the license holder to transport the child or children.
(c) Training required under this subdivision must be provided by individuals who are
certified and approved by the Department of Public Safety, Office of Traffic Safety. License
holders may obtain a list of certified and approved trainers through the Department of Public
Safety website or by contacting the agency.
(d) Child care providers that only transport school-age children as defined in section
142B.01, subdivision 25, in child care buses as defined in section 169.448, subdivision 1,
paragraph (e), are exempt from this subdivision.
(e) Training completed under this subdivision may be used to meet in-service training
requirements under subdivision 9. Training completed within the previous five years is
transferable upon a staff person's change in employment to another child care center.
new text begin
This section is effective January 1, 2026.
new text end
Minnesota Statutes 2024, section 142B.65, subdivision 9, is amended to read:
(a) A license holder must ensure that the center director,
staff persons, substitutes, and unsupervised volunteers complete in-service training each
calendar year.
(b) The center director and staff persons who work more than 20 hours per week must
complete 24 hours of in-service training each calendar year. Staff persons who work 20
hours or less per week must complete 12 hours of in-service training each calendar year.
Substitutes and unsupervised volunteers must complete new text begin at least two hours of training each
year, and the training must include new text end the requirements of paragraphs (d) to (g) deleted text begin and do not
otherwise have a minimum number of hours of training to completedeleted text end .
(c) The number of in-service training hours may be prorated for deleted text begin individualsdeleted text end new text begin center
directors and staff personsnew text end not employed for an entire year.
(d) Each year, in-service training must include:
(1) the center's procedures for maintaining health and safety according to section 142B.66
and Minnesota Rules, part 9503.0140, and handling emergencies and accidents according
to Minnesota Rules, part 9503.0110;
(2) the reporting responsibilities under chapter 260E and Minnesota Rules, part
9503.0130;
(3) at least one-half hour of training on the standards under section 142B.46 and on
reducing the risk of sudden unexpected infant death as required under subdivision 6, if
applicable; and
(4) at least one-half hour of training on the risk of abusive head trauma from shaking
infants and young children as required under subdivision 7, if applicable.
(e) Each year, or when a change is made, whichever is more frequent, in-service training
must be provided on: (1) the center's risk reduction plan under section 142B.54, subdivision
2; and (2) a child's individual child care program plan as required under Minnesota Rules,
part 9503.0065, subpart 3.
(f) At least once every two calendar years, the in-service training must include:
(1) child development and learning training under subdivision 3;
(2) pediatric first aid that meets the requirements of subdivision 4;
(3) pediatric cardiopulmonary resuscitation training that meets the requirements of
subdivision 5;
(4) cultural dynamics training to increase awareness of cultural differences; and
(5) disabilities training to increase awareness of differing abilities of children.
(g) At least once every five years, in-service training must include child passenger
restraint training that meets the requirements of subdivision 8, if applicable.
(h) The remaining hours of the in-service training requirement must be met by completing
training in the following content areas of the Minnesota Knowledge and Competency
Framework:
(1) Content area I: child development and learning;
(2) Content area II: developmentally appropriate learning experiences;
(3) Content area III: relationships with families;
(4) Content area IV: assessment, evaluation, and individualization;
(5) Content area V: historical and contemporary development of early childhood
education;
(6) Content area VI: professionalism;
(7) Content area VII: health, safety, and nutrition; and
(8) Content area VIII: application through clinical experiences.
(i) For purposes of this subdivision, the following terms have the meanings given them.
(1) "Child development and learning training" means training in understanding how
children develop physically, cognitively, emotionally, and socially and learn as part of the
children's family, culture, and community.
(2) "Developmentally appropriate learning experiences" means creating positive learning
experiences, promoting cognitive development, promoting social and emotional development,
promoting physical development, and promoting creative development.
(3) "Relationships with families" means training on building a positive, respectful
relationship with the child's family.
(4) "Assessment, evaluation, and individualization" means training in observing,
recording, and assessing development; assessing and using information to plan; and assessing
and using information to enhance and maintain program quality.
(5) "Historical and contemporary development of early childhood education" means
training in past and current practices in early childhood education and how current events
and issues affect children, families, and programs.
(6) "Professionalism" means training in knowledge, skills, and abilities that promote
ongoing professional development.
(7) "Health, safety, and nutrition" means training in establishing health practices, ensuring
safety, and providing healthy nutrition.
(8) "Application through clinical experiences" means clinical experiences in which a
person applies effective teaching practices using a range of educational programming models.
(j) The license holder must ensure that documentation, as required in subdivision 10,
includes the number of total training hours required to be completed, name of the training,
the Minnesota Knowledge and Competency Framework content area, number of hours
completed, and the director's approval of the training.
(k) In-service training completed by a staff person that is not specific to that child care
center is transferable upon a staff person's change in employment to another child care
program.
Minnesota Statutes 2024, section 142B.66, subdivision 3, is amended to read:
(a) A licensed child care center must have a written
emergency plan for emergencies that require evacuation, sheltering, or other protection of
a child, such as fire, natural disaster, intruder, or other threatening situation that may pose
a health or safety hazard to a child. The plan must be written on a form developed by the
commissioner and must include:
(1) procedures for an evacuation, relocation, shelter-in-place, or lockdown;
(2) a designated relocation site and evacuation route;
(3) procedures for notifying a child's parent or legal guardian of the evacuation, relocation,
shelter-in-place, or lockdown, including procedures for reunification with families;
(4) accommodations for a child with a disability or a chronic medical condition;
(5) procedures for storing a child's medically necessary medicine that facilitates easy
removal during an evacuation or relocation;
(6) procedures for continuing operations in the period during and after a crisis;
(7) procedures for communicating with local emergency management officials, law
enforcement officials, or other appropriate state or local authorities; and
(8) accommodations for infants and toddlers.
(b) The license holder must train staff persons on the emergency plan at orientation,
when changes are made to the plan, and at least once each calendar year. Training must be
documented in each staff person's personnel file.
(c) The license holder must conduct drills according to the requirements in Minnesota
Rules, part 9503.0110, subpart 3. The date and time of the drills must be documented.
(d) The license holder must review and update the emergency plan deleted text begin annuallydeleted text end new text begin each calendar
yearnew text end . Documentation of the deleted text begin annualdeleted text end new text begin yearlynew text end emergency plan review shall be maintained in
the program's administrative records.
(e) The license holder must include the emergency plan in the program's policies and
procedures as specified under section 142B.10, subdivision 21. The license holder must
provide a physical or electronic copy of the emergency plan to the child's parent or legal
guardian upon enrollment.
(f) The relocation site and evacuation route must be posted in a visible place as part of
the written procedures for emergencies and accidents in Minnesota Rules, part 9503.0140,
subpart 21.
Minnesota Statutes 2024, section 142B.70, subdivision 7, is amended to read:
(a) A license
holder must comply with all seat belt and child passenger restraint system requirements
under section 169.685.
(b) Family and group family child care programs licensed by the Department of Children,
Youth, and Families that serve a child or children under deleted text begin eightdeleted text end new text begin ninenew text end years of age must
document training that fulfills the requirements in this subdivision.
(1) Before a license holder, second adult caregiver, substitute, or helper transports a
child or children under age deleted text begin eightdeleted text end new text begin ninenew text end in a motor vehicle, the person placing the child or
children in a passenger restraint must satisfactorily complete training on the proper use and
installation of child restraint systems in motor vehicles. Training completed under this
subdivision may be used to meet initial training under subdivision 1 or ongoing training
under subdivision 8.
(2) Training required under this subdivision must be at least one hour in length, completed
at initial training, and repeated at least once every five years. At a minimum, the training
must address the proper use of child restraint systems based on the child's size, weight, and
age, and the proper installation of a car seat or booster seat in the motor vehicle used by the
license holder to transport the child or children.
(3) Training under this subdivision must be provided by individuals who are certified
and approved by the Department of Public Safety, Office of Traffic Safety. License holders
may obtain a list of certified and approved trainers through the Department of Public Safety
website or by contacting the agency.
(c) Child care providers that only transport school-age children as defined in section
142B.01, subdivision 13, paragraph (f), in child care buses as defined in section 169.448,
subdivision 1, paragraph (e), are exempt from this subdivision.
new text begin
This section is effective January 1, 2026.
new text end
Minnesota Statutes 2024, section 142B.70, subdivision 8, is amended to read:
(a) For
purposes of family and group family child care, the license holder and each second adult
caregiver must complete 16 hours of ongoing training each year. Repeat of topical training
requirements in subdivisions 3 to 9 shall count toward the annual 16-hour training
requirement. Additional ongoing training subjects to meet the annual 16-hour training
requirement must be selected from the following areas:
(1) child development and learning training in understanding how a child develops
physically, cognitively, emotionally, and socially, and how a child learns as part of the
child's family, culture, and community;
(2) developmentally appropriate learning experiences, including training in creating
positive learning experiences, promoting cognitive development, promoting social and
emotional development, promoting physical development, promoting creative development;
and behavior guidance;
(3) relationships with families, including training in building a positive, respectful
relationship with the child's family;
(4) assessment, evaluation, and individualization, including training in observing,
recording, and assessing development; assessing and using information to plan; and assessing
and using information to enhance and maintain program quality;
(5) historical and contemporary development of early childhood education, including
training in past and current practices in early childhood education and how current events
and issues affect children, families, and programs;
(6) professionalism, including training in knowledge, skills, and abilities that promote
ongoing professional development; and
(7) health, safety, and nutrition, including training in establishing healthy practices;
ensuring safety; and providing healthy nutrition.
(b) A provider who is approved as a trainer through the Develop data system may count
up to two hours of training instruction toward the annual 16-hour training requirement in
paragraph (a). The provider may only count training instruction hours for the first instance
in which they deliver a particular content-specific training during each licensing year. Hours
counted as training instruction must be approved through the Develop data system with
attendance verified on the trainer's individual learning record and must be in Knowledge
and Competency Framework content area VII A (Establishing Healthy Practices) or B
(Ensuring Safety).
new text begin
(c) Substitutes and adult caregivers who provide care for 500 or fewer hours per year
must complete a minimum of one hour of training each calendar year, and the training must
include the requirements in subdivisions 3, 4, 5, 6, and 9.
new text end
Minnesota Statutes 2024, section 142B.77, is amended to read:
(a) Notwithstanding Minnesota
Rules, part 9502.0365, subpart 5, and with the license holder's consent, an individual may
be present in the licensed space, may supervise the family child care license holder's own
child both inside and outside of the licensed space, and is exempt from the training and
supervision requirements of this chapter and Minnesota Rules, chapter 9502, if the individual:
(1) is related to the license holder or to the license holder's child, as defined in section
142B.01, subdivision 15, or is a household member who the license holder has reported to
the county agency;
(2) is not a designated caregiver, helper, or substitute for the licensed program;
(3) is involved only in the care of the license holder's own child; and
(4) does not have direct, unsupervised contact with any nonrelative children receiving
services.
(b) If the individual in paragraph (a) is not a household member, the individual is also
exempt from background study requirements under chapter 245C.
new text begin
For the purposes of licensed capacity
requirements under Minnesota Rules, part 9502.0367, one of a license holder's own children
is excluded from licensed capacity, provided the excluded child is at least eight years old
and the license holder has never been determined to have maltreated a child or vulnerable
adult under section 626.557 or chapter 260E.
new text end
Minnesota Statutes 2024, section 142C.06, is amended by adding a subdivision
to read:
new text begin
Upon receipt of any order of
conditional certification issued by the commissioner under this section, and notwithstanding
a pending request for reconsideration of the order of conditional certification by the
certification holder, the certification holder shall post the order of conditional certification
in a place that is conspicuous to the people receiving services and all visitors to the facility
for the duration of the conditional certification. When the order of conditional certification
is accompanied by a maltreatment investigation memorandum prepared under chapter 260E,
the investigation memoranda must be posted with the order of conditional certification.
new text end
Minnesota Statutes 2024, section 142C.11, subdivision 8, is amended to read:
A certified center must have written policies for health and
safety items in subdivisions 1 to 6new text begin , 9, and 10new text end .
Minnesota Statutes 2024, section 142C.12, subdivision 1, is amended to read:
(a) Before having
unsupervised direct contact with a child, but within 90 days after the first date of direct
contact with a child, the director, all staff persons, substitutes, and unsupervised volunteers
must successfully complete pediatric first aid and pediatric cardiopulmonary resuscitation
(CPR) training, unless the training has been completed within the previous two calendar
years. Staff must complete the pediatric first aid and pediatric CPR training at least every
other calendar year and the center must document the training in the staff person's personnel
record.
(b) Training completed under this subdivision may be used to meet the in-service training
requirements under subdivision 6.
new text begin
(c) Training must include CPR and techniques for providing immediate care to people
experiencing life-threatening cardiac emergencies, choking, bleeding, fractures and sprains,
head injuries, poisoning, and burns. Training developed by the American Heart Association,
the American Red Cross, or another organization that uses nationally recognized,
evidence-based guidelines meets these requirements.
new text end
new text begin
This section is effective January 1, 2026.
new text end
Minnesota Statutes 2024, section 142C.12, subdivision 6, is amended to read:
(a) The certified center must ensure that the director and
all staff persons, including substitutes and unsupervised volunteers, are trained at least once
each calendar year on health and safety requirements in this section and sections 142C.10,
142C.11, and 142C.13.
(b) The director and each staff person, not including substitutes, must complete at least
six hours of training each calendar year. new text begin Substitutes must complete at least two hours of
training each calendar year. new text end Training required under paragraph (a) may be used toward the
hourly training requirements of this subdivision.
Minnesota Statutes 2024, section 245A.18, subdivision 1, is amended to read:
All license holders
that transport children must comply with the requirements of section 142B.51, subdivision
1, and license holders that transport a child or children under deleted text begin eightdeleted text end new text begin ninenew text end years of age must
document training that fulfills the requirements in section 142B.51, subdivision 2.
new text begin
This section is effective January 1, 2026.
new text end
new text begin
(a) The commissioner of children, youth, and families must, in consultation with
stakeholders, develop and implement a standardized timeline and standards for the conduct
of licensors when conducting inspections of licensed child care centers. The timeline and
standards developed by the commissioner must clearly identify:
new text end
new text begin
(1) the steps of a licensing visit;
new text end
new text begin
(2) the expectations for licensors and license holders before, during, and after the licensing
visit;
new text end
new text begin
(3) the standards of conduct that licensors must follow during a visit;
new text end
new text begin
(4) the rights of license holders;
new text end
new text begin
(5) when and how license holders can request technical assistance; and
new text end
new text begin
(6) a process for license holders to request additional review of an issue related to the
licensing visit from someone other than the assigned licensor.
new text end
new text begin
(b) The timeline and standards must be implemented by January 1, 2026.
new text end
new text begin
This section is effective January 1, 2026.
new text end
new text begin
By January 1, 2026, the commissioner of children, youth, and families must:
new text end
new text begin
(1) establish time frames for county licensors to respond to time-sensitive or urgent
requests and implement a system to track response times to the requests; and
new text end
new text begin
(2) require county licensors to use the electronic licensing inspection tool during an
inspection of a family child care provider and to complete the inspection report on site with
the license holder, including direct communication related to any correction orders issued.
new text end
new text begin
This section is effective the day following final enactment.
new text end
new text begin
Minnesota Rules, part 9503.0030, subpart 1, item B,
new text end
new text begin
is repealed.
new text end
new text begin
This section is effective August 1, 2025.
new text end
new text begin
For purposes of this section, "opiate antagonist" has the
meaning given in section 604A.04, subdivision 1.
new text end
new text begin
(a)
The Board of Trustees of the Minnesota State Colleges and Universities shall, and the Board
of Regents of the University of Minnesota is requested to:
new text end
new text begin
(1) maintain a supply of opiate antagonists at each campus site to be administered in
compliance with section 151.37, subdivision 12; and
new text end
new text begin
(2) have at least two doses of a nasal opiate antagonist available on site at each campus
residential building.
new text end
new text begin
(b) The commissioner of health shall identify resources, including at least one training
video, to help postsecondary institutions implement an opiate antagonist emergency response
and make the resources available for institutions.
new text end
new text begin
(c) The Board of Trustees and the Board of Regents may adopt a model plan for use,
storage, and administration of opiate antagonists on system campuses.
new text end
new text begin
(a) The commissioner of health shall distribute money to Leech
Lake Tribal College, White Earth Tribal College, and Red Lake Nation Tribal College to
make opiate antagonists available according to paragraph (b). The commissioner may
determine an appropriate method to equitably allocate the amounts appropriated among the
colleges.
new text end
new text begin
(b) A Tribal college receiving money under this section must:
new text end
new text begin
(1) maintain a supply of opiate antagonists at each campus site to be administered in
compliance with section 151.37, subdivision 12; and
new text end
new text begin
(2) have at least two doses of a nasal opiate antagonist available on site at each campus
residential building.
new text end
new text begin
This section is effective beginning in the 2025-2026 academic
year.
new text end
Minnesota Statutes 2024, section 145C.01, is amended by adding a subdivision to
read:
new text begin
"Emergency medical services provider"
means:
new text end
new text begin
(1) an ambulance service licensed under chapter 144E;
new text end
new text begin
(2) a medical response unit as defined in section 144E.275, subdivision 1;
new text end
new text begin
(3) an emergency medical responder as defined in section 144E.001, subdivision 6; or
new text end
new text begin
(4) ambulance service personnel as defined in section 144E.001, subdivision 3a.
new text end
Minnesota Statutes 2024, section 145C.01, is amended by adding a subdivision to
read:
new text begin
"Nonopioid directive" means a written instrument that
includes one or more instructions that a patient must not be administered an opioid by a
health professional or be offered a prescription for an opioid by a prescriber.
new text end
Minnesota Statutes 2024, section 145C.01, is amended by adding a subdivision to
read:
new text begin
"Prescriber" means an individual who is authorized by section
148.235; 151.01, subdivision 23; or 151.37 to prescribe prescription drugs.
new text end
Minnesota Statutes 2024, section 145C.17, is amended to read:
At the request of the patient or health care agent, a health care provider shall enter into
the patient's health care record any instructions relating to administering, dispensing, or
prescribing an opioid.new text begin A health care provider presented with a nonopioid directive executed
by or on behalf of a patient must include the nonopioid directive in the patient's health care
record. A health care provider receiving notice of revocation of a patient's nonopioid directive
must note the revocation in the patient's health care record.
new text end
new text begin
A patient with the capacity to do so may execute a nonopioid
directive on the patient's own behalf. A patient's health care agent may execute a nonopioid
directive on behalf of the patient. A nonopioid directive must include one or more instructions
that the patient must not be administered an opioid by a health professional or be offered a
prescription for an opioid by a prescriber.
new text end
new text begin
A patient who executed a nonopioid directive on the patient's own
behalf may revoke the nonopioid directive at any time and in any manner in which the
patient is able to communicate an intent to revoke the nonopioid directive. A patient's health
care agent may revoke the nonopioid directive executed on behalf of a patient by executing
a written, dated statement of revocation and by providing notice of the revocation to the
patient's health care provider.
new text end
new text begin
(a) Except as specified in
paragraph (b), prescribers and health professionals must comply with a nonopioid directive
executed under this section.
new text end
new text begin
(b) A prescriber or a health professional acting on the order of a prescriber may administer
an opioid to a patient with a nonopioid directive if:
new text end
new text begin
(1) the patient is being treated, in emergency circumstances, in a hospital setting or in
a setting outside a hospital;
new text end
new text begin
(2) in the prescriber's professional opinion, it is medically necessary to administer an
opioid to the patient in order to treat the patient, including but not limited to during a surgical
procedure when one or more complications arise; and
new text end
new text begin
(3) it is not practical or feasible for the prescriber or health professional to access the
patient's health care record.
new text end
new text begin
If an opioid is administered according to this paragraph to a patient with a nonopioid
directive, the prescriber must ensure that the patient is provided with information on substance
use disorder services.
new text end
new text begin
Except as otherwise provided by law, the following persons or
entities are not subject to criminal prosecution, civil liability, or professional disciplinary
action for failing to prescribe, administer, or dispense an opioid to a patient with a nonopioid
directive; for the administration of an opioid in the circumstances in subdivision 3, paragraph
(b), to a patient with a nonopioid directive; or for the inadvertent administration of an opioid
to a patient with a nonopioid directive, if the act or failure to act was performed in good
faith and in accordance with the applicable standard of care:
new text end
new text begin
(1) a health professional whose scope of practice includes prescribing, administering,
or dispensing a controlled substance;
new text end
new text begin
(2) an employee of a health professional described in clause (1);
new text end
new text begin
(3) a health care facility or an employee of a health care facility; or
new text end
new text begin
(4) an emergency medical services provider.
new text end
new text begin
The commissioner of health must develop a
nonopioid directive form for use by patients and health care agents to communicate to health
professionals and prescribers that a patient with a nonopioid directive must not be
administered an opioid or offered a prescription for an opioid. The commissioner must
include on the nonopioid directive form instructions for how to revoke a nonopioid directive
and other information the commissioner deems relevant. The commissioner must post the
form on the Department of Health website.
new text end
Minnesota Statutes 2024, section 149A.02, is amended by adding a subdivision to
read:
new text begin
"Green burial" means a method of burial that emphasizes
environmental sustainability without interfering with natural decomposition, in which:
new text end
new text begin
(1) the body is not embalmed;
new text end
new text begin
(2) a biodegradable casket is used; and
new text end
new text begin
(3) no vault or outer burial container is employed for a casket or shroud.
new text end
Minnesota Statutes 2024, section 151.37, subdivision 12, is amended to read:
(a) A licensed
physician, a licensed advanced practice registered nurse authorized to prescribe drugs
pursuant to section 148.235, or a licensed physician assistant may authorize the following
individuals to administer opiate antagonists, as defined in section 604A.04, subdivision 1:
(1) an emergency medical responder registered pursuant to section 144E.27;
(2) a peace officer as defined in section 626.84, subdivision 1, paragraphs (c) and (d);
(3) correctional employees of a state or local political subdivision;
(4) staff of community-based health disease prevention or social service programs;
(5) a volunteer firefighter;
(6) a nurse or any other personnel employed by, or under contract with, new text begin a postsecondary
institution or new text end a charter, public, or private school; and
(7) transit rider investment program personnel authorized under section 473.4075.
(b) For the purposes of this subdivision, opiate antagonists may be administered by one
of these individuals only if:
(1) the licensed physician, licensed physician assistant, or licensed advanced practice
registered nurse has issued a standing order to, or entered into a protocol with, the individual;
and
(2) the individual has training in the recognition of signs of opiate overdose and the use
of opiate antagonists as part of the emergency response to opiate overdose.
(c) Nothing in this section prohibits the possession and administration of naloxone
pursuant to section 604A.04.
(d) Notwithstanding section 148.235, subdivisions 8 and 9, a licensed practical nurse is
authorized to possess and administer according to this subdivision an opiate antagonist in
a school setting.
new text begin
(a) For purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Drainage system" has the meaning given in section 103E.005, subdivision 12.
new text end
new text begin
(c) "Green burial" has the meaning given in section 149A.02, subdivision 42.
new text end
new text begin
(d) "Natural watercourse" has the meaning given in section 103G.005, subdivision 13.
new text end
new text begin
(e) "Ordinary high-water level" has the meaning given in section 103G.005, subdivision
14.
new text end
new text begin
(f) "Water supply well" has the meaning given in section 103I.005, subdivision 20a.
new text end
new text begin
A municipality, town, or other cemetery governed
by this chapter that allows for green burials must comply with the requirements of this
section.
new text end
new text begin
(a) Green burial plots must have a designated
location within the cemetery. Green burial plot locations must:
new text end
new text begin
(1) be set back 50 feet from property lines;
new text end
new text begin
(2) maintain at least three and one-half feet of clearance above the ordinary high-water
level;
new text end
new text begin
(3) not be in standing water;
new text end
new text begin
(4) not be within zone 1 groundwater source protection zones around a spring, water
supply well, or shaft drilled into the ground meant to extract water; and
new text end
new text begin
(5) not be within flood-prone areas.
new text end
new text begin
(b) Green burial plot locations must be a certain distance from water sources. Green
burial plot locations must be:
new text end
new text begin
(1) 50 feet from water supply wells and shafts drilled into the ground used to extract
water;
new text end
new text begin
(2) 100 feet from other springs or watercourses; and
new text end
new text begin
(3) 33 feet from drainage systems.
new text end
new text begin
(a) Green burial plots must be at a minimum depth of three and
one-half feet from the base of the grave to the soil horizon.
new text end
new text begin
(b) Green burials must have one meter of cover.
new text end
new text begin
Green burial plots must be limited to a maximum of 300 burials
per acre over a 100-year period.
new text end
new text begin
(a) For purposes of this section, "cremated remains" has the meaning given in section
149A.02, subdivision 7.
new text end
new text begin
(b) A municipality, town, or other cemetery governed by this chapter that allows for
scattering of cremated remains must designate a location within the cemetery for the
scattering of cremated remains.
new text end
new text begin
(a) For purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Drainage system" has the meaning given in section 103E.005, subdivision 12.
new text end
new text begin
(c) "Green burial" has the meaning given in section 149A.02, subdivision 42.
new text end
new text begin
(d) "Natural watercourse" has the meaning given in section 103G.005, subdivision 13.
new text end
new text begin
(e) "Ordinary high-water level" has the meaning given in section 103G.005, subdivision
14.
new text end
new text begin
(f) "Water supply well" has the meaning given in section 103I.005, subdivision 20a.
new text end
new text begin
A person who owns a cemetery governed by this
chapter that allows for green burials must comply with the requirements of this section.
new text end
new text begin
Green burial plots must have a designated location
within the cemetery. Green burial plot locations must:
new text end
new text begin
(1) be set back 50 feet from property lines;
new text end
new text begin
(2) maintain at least three and one-half feet of clearance above the ordinary high-water
level;
new text end
new text begin
(3) not be in standing water;
new text end
new text begin
(4) not be within zone 1 groundwater source protection zones around a spring, water
supply well, or shaft drilled into the ground meant to extract water; and
new text end
new text begin
(5) not be within flood-prone areas.
new text end
new text begin
(a) Green burial plots must be at a minimum depth of three and
one-half feet from the base of the grave to the soil horizon.
new text end
new text begin
(b) Green burials must have one meter of cover.
new text end
new text begin
Green burial plots must be limited to a maximum of 300 burials
per acre over a 100-year period.
new text end
new text begin
(a) For purposes of this section, "cremated remains" has the meaning given in section
149A.02, subdivision 7.
new text end
new text begin
(b) A municipality, town, or other cemetery governed by this chapter that allows for
scattering of cremated remains must designate a location within the cemetery for the
scattering of cremated remains.
new text end
new text begin
(a) A social media platform must ensure that
a conspicuous mental health warning label that complies with the requirements under this
section:
new text end
new text begin
(1) appears each time a user accesses the social media platform; and
new text end
new text begin
(2) only disappears when the user: (i) exits the social media platform; or (ii) acknowledges
the potential for harm and chooses to proceed to the social media platform despite the risk.
new text end
new text begin
(b) A mental health warning label under this section must:
new text end
new text begin
(1) in a manner that conforms with the guidelines established under subdivision 2, warn
the user of potential negative mental health impacts of accessing the social media platform;
and
new text end
new text begin
(2) provide the user access to resources to address the potential negative mental health
impacts described in clause (1) and include the website and telephone number of a national
suicide prevention and mental health crisis hotline system, including but not limited to the
988 Suicide and Crisis Lifeline.
new text end
new text begin
(c) A social media platform is prohibited from:
new text end
new text begin
(1) providing the warning label exclusively in the social media platform's terms and
conditions;
new text end
new text begin
(2) including extraneous information in the warning label that obscures the visibility or
prominence of the warning label; or
new text end
new text begin
(3) allowing a user to disable a warning label, except as provided under paragraph (a).
new text end
new text begin
(a) The commissioner of health, in consultation with the
commissioner of commerce, must develop guidelines for social media platforms that contain
appropriate requirements for the warning labels required under this section. The guidelines
must be based on current evidence regarding the negative mental health impacts of social
media platforms. The commissioners must review and revise the guidelines as appropriate.
new text end
new text begin
(b) The commissioner of health is exempt from chapter 14, including section 14.386,
when implementing this subdivision.
new text end
Minnesota Statutes 2024, section 325M.34, is amended to read:
(a) The attorney general may investigate and bring an action against a social media
platform for an alleged violation of section 325M.33new text begin or 325M.335new text end .
(b) Nothing in sections 325M.30 to 325M.34 creates a private cause of action in favor
of a person injured by a violation of section 325M.33.
Section 1. new text begin HUMAN SERVICES APPROPRIATIONS.new text end |
new text begin
The sums shown in the columns marked "Appropriations" are appropriated to the
commissioner of human services for the purposes specified in this article. The appropriations
are from the general fund, or another named fund, and are available for the fiscal years
indicated for each purpose. The figures "2026" and "2027" used in this article mean that
the appropriations listed under them are available for the fiscal year ending June 30, 2026,
or June 30, 2027, respectively. "The first year" is fiscal year 2026. "The second year" is
fiscal year 2027. "The biennium" is fiscal years 2026 and 2027.
new text end
new text begin
APPROPRIATIONS new text end |
||||||
new text begin
Available for the Year new text end |
||||||
new text begin
Ending June 30 new text end |
||||||
new text begin
2026 new text end |
new text begin
2027 new text end |
Sec. 2. new text begin COMMISSIONER OF HUMAN
|
new text begin
$ new text end |
new text begin
2,865,264,000 new text end |
new text begin
$ new text end |
new text begin
2,954,103,000 new text end |
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
Appropriations by Fund new text end |
||
new text begin
2026 new text end |
new text begin
2027 new text end |
|
new text begin
General new text end |
new text begin
1,583,157,000 new text end |
new text begin
1,795,469,000 new text end |
new text begin
Health Care Access new text end |
new text begin
1,282,107,000 new text end |
new text begin
1,158,634,000 new text end |
new text begin
The amounts that may be spent for each
purpose are specified in this article.
new text end
new text begin Subd. 2. new text end
new text begin
Information Technology Appropriations
|
new text begin
(a) IT appropriations generally. This
appropriation includes money for information
technology projects, services, and support.
Funding for information technology project
costs must be incorporated into the
service-level agreement and paid to Minnesota
IT Services by the Department of Human
Services under the rates and mechanism
specified in that agreement.
new text end
new text begin
(b) Receipts for systems project.
Appropriations and federal receipts for
information technology systems projects for
MMIS and METS must be deposited in the
state systems account authorized in Minnesota
Statutes, section 256.014. Money appropriated
for information technology projects approved
by the commissioner of Minnesota IT
Services, funded by the legislature, and
approved by the commissioner of management
and budget may be transferred from one
project to another and from development to
operations as the commissioner of human
services deems necessary. Any unexpended
balance in the appropriation for these projects
does not cancel and is available for ongoing
development and operations.
new text end
Sec. 3. new text begin CENTRAL OFFICE; OPERATIONSnew text end |
new text begin
$ new text end |
new text begin
232,000 new text end |
new text begin
$ new text end |
new text begin
73,000 new text end |
Sec. 4. new text begin CENTRAL OFFICE; HEALTH CAREnew text end |
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
3,964,000 new text end |
new text begin
$ new text end |
new text begin
24,131,000 new text end |
new text begin Subd. 2. new text end
new text begin
Base Level Adjustment
|
new text begin
The base for this section is $44,158,000 in
fiscal year 2028 and $44,158,000 in fiscal year
2029.
new text end
Sec. 5. new text begin CENTRAL OFFICE; BEHAVIORAL
|
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
741,000 new text end |
new text begin Subd. 2. new text end
new text begin
Base Level Adjustment
|
new text begin
The base for this section is $768,000 in fiscal
year 2028 and $768,000 in fiscal year 2029.
new text end
Sec. 6. new text begin FORECASTED PROGRAMS;
|
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
2,852,802,000 new text end |
new text begin
$ new text end |
new text begin
2,920,843,000 new text end |
new text begin
Appropriations by Fund new text end |
||
new text begin
General new text end |
new text begin
1,574,160,000 new text end |
new text begin
1,765,674,000 new text end |
new text begin
Health Care Access new text end |
new text begin
1,278,642,000 new text end |
new text begin
1,155,169,000 new text end |
new text begin Subd. 2. new text end
new text begin
Base Level Adjustment
|
new text begin
The health care access fund base for this
section is $1,157,833,000 in fiscal year 2028
and $1,176,922,000 in fiscal year 2029.
new text end
Sec. 7. new text begin FORECASTED PROGRAMS;
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
39,000 new text end |
Sec. 8. new text begin GRANT PROGRAMS; HEALTH CARE
|
new text begin
$ new text end |
new text begin
8,276,000 new text end |
new text begin
$ new text end |
new text begin
8,276,000 new text end |
new text begin
Appropriations by Fund new text end |
||
new text begin
General new text end |
new text begin
4,811,000 new text end |
new text begin
4,811,000 new text end |
new text begin
Health Care Access new text end |
new text begin
3,465,000 new text end |
new text begin
3,465,000 new text end |
new text begin
The commissioner of human services, with the advance approval
of the commissioner of management and budget, may transfer unencumbered appropriation
balances for the biennium ending June 30, 2027, within fiscal years among general assistance,
medical assistance, MinnesotaCare, the Minnesota supplemental aid program, the housing
support program, and the entitlement portion of the behavioral health fund between fiscal
years of the biennium. The commissioner shall report to the chairs and ranking minority
members of the legislative committees with jurisdiction over health and human services
quarterly about transfers made under this subdivision.
new text end
new text begin
Positions, salary money, and nonsalary administrative money
may be transferred within the Department of Human Services as the commissioner deems
necessary, with the advance approval of the commissioner of management and budget. The
commissioner shall report to the chairs and ranking minority members of the legislative
committees with jurisdiction over health and human services finance quarterly about transfers
made under this section.
new text end
new text begin
The administrative costs retention requirement under Minnesota Statutes, section 16B.98,
subdivision 14, is inapplicable to any appropriation in this article for a grant.
new text end
new text begin
If an appropriation, cancellation, or transfer in this article is enacted more than once
during the 2025 regular session, the appropriation, cancellation, or transfer must be given
effect once.
new text end
new text begin
All uncodified language contained in this article expires June 30, 2027, unless a different
expiration date is explicit or an appropriation is made available beyond June 30, 2027.
new text end
Section 1. new text begin HEALTH APPROPRIATIONS.new text end |
new text begin
The sums shown in the columns marked "Appropriations" are appropriated to the
commissioner of health for the purposes specified in this article. The appropriations are
from the general fund, or another named fund, and are available for the fiscal years indicated
for each purpose. The figures "2026" and "2027" used in this article mean that the
appropriations listed under them are available for the fiscal year ending June 30, 2026, or
June 30, 2027, respectively. "The first year" is fiscal year 2026. "The second year" is fiscal
year 2027. "The biennium" is fiscal years 2026 and 2027.
new text end
new text begin
APPROPRIATIONS new text end |
||||||
new text begin
Available for the Year new text end |
||||||
new text begin
Ending June 30 new text end |
||||||
new text begin
2026 new text end |
new text begin
2027 new text end |
Sec. 2. new text begin COMMISSIONER OF HEALTHnew text end |
new text begin
$ new text end |
new text begin
413,509,000 new text end |
new text begin
$ new text end |
new text begin
410,880,000 new text end |
new text begin
Appropriations by Fund new text end |
||
new text begin
2026 new text end |
new text begin
2027 new text end |
|
new text begin
General new text end |
new text begin
265,883,000 new text end |
new text begin
264,366,000 new text end |
new text begin
State Government Special Revenue new text end |
new text begin
81,148,000 new text end |
new text begin
80,982,000 new text end |
new text begin
Health Care Access new text end |
new text begin
54,765,000 new text end |
new text begin
53,819,000 new text end |
new text begin
Federal TANF new text end |
new text begin
11,713,000 new text end |
new text begin
11,713,000 new text end |
new text begin
The amounts that may be spent for each
purpose are specified in this article.
new text end
Sec. 3. new text begin HEALTH IMPROVEMENTnew text end |
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
285,090,000 new text end |
new text begin
$ new text end |
new text begin
280,679,000 new text end |
new text begin
Appropriations by Fund new text end |
||
new text begin
General new text end |
new text begin
210,765,000 new text end |
new text begin
208,746,000 new text end |
new text begin
State Government Special Revenue new text end |
new text begin
9,258,000 new text end |
new text begin
9,258,000 new text end |
new text begin
Health Care Access new text end |
new text begin
53,354,000 new text end |
new text begin
50,962,000 new text end |
new text begin
Federal TANF new text end |
new text begin
11,713,000 new text end |
new text begin
11,713,000 new text end |
new text begin Subd. 2. new text end
new text begin
Local and Tribal Public Health
|
new text begin
$6,256,000 in fiscal year 2026 and $6,256,000
in fiscal year 2027 are from the general fund
for the local and Tribal public health cannabis
and substance misuse grant program under
Minnesota Statutes, section 144.197,
subdivision 4.
new text end
new text begin Subd. 3. new text end
new text begin
Cannabis and Substance Misuse
|
new text begin
$4,410,000 in fiscal year 2026 and $4,360,000
in fiscal year 2027 are from the general fund
for the cannabis and substance misuse youth
prevention and education program under
Minnesota Statutes, section 144.197,
subdivision 1.
new text end
new text begin Subd. 4. new text end
new text begin
Public Health Infrastructure Funds
|
new text begin
$4,000,000 in fiscal year 2026 and $4,000,000
in fiscal year 2027 are from the general fund
to distribute to community health boards and
Tribal governments to support their ability to
meet national public health standards.
new text end
new text begin Subd. 5. new text end
new text begin
Sexual and Reproductive Health
|
new text begin
$11,050,000 in fiscal year 2026 and
$11,050,000 in fiscal year 2027 are from the
general fund for the sexual and reproductive
health services grant program under Minnesota
Statutes, section 145.925.
new text end
new text begin Subd. 6. new text end
new text begin
Internal Policy to Promote Diversity,
|
new text begin
The general fund appropriations in this section
include reductions of $337,000 in fiscal year
2026 and $337,000 in fiscal year 2027 for an
internal Department of Health policy to
promote diversity, equity, and inclusion
funded under Laws 2023, chapter 70.
new text end
new text begin Subd. 7. new text end
new text begin
Partner Engagement and Staffing
|
new text begin
The general fund appropriations in this section
include reductions of $110,000 in fiscal year
2026 and $110,000 in fiscal year 2027 for
partner engagement and staffing activities
funded under Laws 2023, chapter 70, and
Laws 2021, First Special Session chapter 7.
new text end
new text begin Subd. 8. new text end
new text begin
Development of Nonopioid Directive
|
new text begin
$10,000 in fiscal year 2026 is from the general
fund for the development of a nonopioid
directive form under Minnesota Statutes,
section 145C.18, subdivision 5.
new text end
new text begin Subd. 9. new text end
new text begin
Dementia Services Program
|
new text begin
$500,000 in fiscal year 2026 and $500,000 in
fiscal year 2027 are from the general fund for
the dementia services program under
Minnesota Statutes, section 144.063.
new text end
new text begin Subd. 10. new text end
new text begin
Opiate Antagonists at Tribal Colleges
|
new text begin
$75,000 in fiscal year 2026 and $75,000 in
fiscal year 2027 are from the general fund to
make opiate antagonists available at Tribal
colleges under Minnesota Statutes, section
135A.1367, subdivision 3.
new text end
new text begin Subd. 11. new text end
new text begin
Materials on Recognizing Signs of
|
new text begin
$55,000 in fiscal year 2026 is from the general
fund for the development of materials on
recognizing the signs of physical abuse in
infants under Minnesota Statutes, section
144.124, subdivision 2.
new text end
new text begin Subd. 12. new text end
new text begin
Opioid Use Prevention and Education
|
new text begin
$500,000 in fiscal year 2026 and $500,000 in
fiscal year 2027 are from the general fund for
a grant to Change the Outcome to provide:
new text end
new text begin
(1) data-centered learning opportunities on the
dangers of opioid use in middle and high
schools and communities in Minnesota;
new text end
new text begin
(2) instruction on prevention strategies,
assessing personal risk, and how to recognize
an overdose;
new text end
new text begin
(3) information on emerging drug trends
including but not limited to fentanyl, xylazine,
and pressed pills; and
new text end
new text begin
(4) access to resources, including support for
those struggling with substance use disorders.
new text end
new text begin Subd. 13. new text end
new text begin
Guidelines for Social Media Mental
|
new text begin
$45,000 in fiscal year 2026 is from the general
fund to develop and review guidelines for
social media mental health warning labels
under Minnesota Statutes, section 325M.335,
subdivision 2.
new text end
new text begin Subd. 14. new text end
new text begin
TANF Appropriations
|
new text begin
TANF funds must be used as follows:
new text end
new text begin
(1) $3,579,000 in fiscal year 2026 and
$3,579,000 in fiscal year 2027 are from the
TANF fund for home visiting and nutritional
services listed under Minnesota Statutes,
section 145.882, subdivision 7, clauses (6) and
(7). Funds must be distributed to community
health boards according to Minnesota Statutes,
section 145A.131, subdivision 1;
new text end
new text begin
(2) $2,000,000 in fiscal year 2026 and
$2,000,000 in fiscal year 2027 are from the
TANF fund for decreasing racial and ethnic
disparities in infant mortality rates under
Minnesota Statutes, section 145.928,
subdivision 7;
new text end
new text begin
(3) $4,978,000 in fiscal year 2026 and
$4,978,000 in fiscal year 2027 are from the
TANF fund for the family home visiting grant
program under Minnesota Statutes, section
145A.17. Of these amounts, $4,000,000 in
fiscal year 2026 and $4,000,000 in fiscal year
2027 must be distributed to community health
boards under Minnesota Statutes, section
145A.131, subdivision 1; and $978,000 in
fiscal year 2026 and $978,000 in fiscal year
2027 must be distributed to Tribal
governments under Minnesota Statutes, section
145A.14, subdivision 2a;
new text end
new text begin
(4) $1,156,000 in fiscal year 2026 and
$1,156,000 in fiscal year 2027 are from the
TANF fund for sexual and reproductive health
services grants under Minnesota Statutes,
section 145.925; and
new text end
new text begin
(5) the commissioner may use up to 6.23
percent of the funds appropriated from the
TANF fund each fiscal year to conduct the
ongoing evaluations required under Minnesota
Statutes, section 145A.17, subdivision 7, and
training and technical assistance required
under Minnesota Statutes, section 145A.17,
subdivisions 4 and 5.
new text end
new text begin Subd. 15. new text end
new text begin
TANF Carryforward
|
new text begin
Any unexpended balance of the TANF
appropriation in the first year does not cancel
but is available in the second year.
new text end
new text begin Subd. 16. new text end
new text begin
Base Level Adjustment
|
new text begin
The general fund base for this section is
$207,520,000 in fiscal year 2028 and
$207,520,000 in fiscal year 2029.
new text end
Sec. 4. new text begin HEALTH PROTECTIONnew text end |
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
106,143,000 new text end |
new text begin
$ new text end |
new text begin
105,452,000 new text end |
new text begin
Appropriations by Fund new text end |
||
new text begin
General new text end |
new text begin
34,253,000 new text end |
new text begin
33,728,000 new text end |
new text begin
State Government Special Revenue new text end |
new text begin
71,890,000 new text end |
new text begin
71,724,000 new text end |
new text begin Subd. 2. new text end
new text begin
Infectious Disease Prevention, Early
|
new text begin
$1,300,000 in fiscal year 2026 and $1,300,000
in fiscal year 2027 are from the general fund
for infectious disease prevention, early
detection, and outbreak response activities
under Minnesota Statutes, section 144.05,
subdivision 1.
new text end
new text begin Subd. 3. new text end
new text begin
Collaborative Funding for State and
|
new text begin
The general fund appropriations in this section
include reductions of $30,000 in fiscal year
2026 and $30,000 in fiscal year 2027 for
collaborative funding for state and outside
partners funded under Laws 2023, chapter 70.
new text end
new text begin Subd. 4. new text end
new text begin
Spoken Language Health Care
|
new text begin
$150,000 in fiscal year 2026 is from the
general fund for the spoken language health
care interpreter work group. This appropriation
is available until June 30, 2027.
new text end
new text begin Subd. 5. new text end
new text begin
Base Level Adjustments
|
new text begin
The general fund base for this section is
$33,683,000 in fiscal year 2028 and
$33,683,000 in fiscal year 2029. The state
government special revenue fund base for this
section is $71,735,000 in fiscal year 2028 and
$71,747,000 in fiscal year 2029.
new text end
Sec. 5. new text begin HEALTH OPERATIONSnew text end |
new text begin
$ new text end |
new text begin
22,276,000 new text end |
new text begin
$ new text end |
new text begin
24,749,000 new text end |
new text begin
Appropriations by Fund new text end |
||
new text begin
General new text end |
new text begin
20,865,000 new text end |
new text begin
21,892,000 new text end |
new text begin
Health Care Access new text end |
new text begin
1,411,000 new text end |
new text begin
2,857,000 new text end |
new text begin
Positions, salary money, and nonsalary administrative money may be transferred within
the Department of Health as the commissioner deems necessary with the advance approval
of the commissioner of management and budget. The commissioner shall report to the chairs
and ranking minority members of the legislative committees with jurisdiction over health
finance quarterly about transfers made under this section.
new text end
new text begin
The commissioner of health shall not use indirect cost allocations to pay for the
operational costs of any program for which the commissioner is responsible.
new text end
new text begin
The administrative costs retention requirement under Minnesota Statutes, section 16B.98,
subdivision 14, is inapplicable to any appropriation in this article for a grant.
new text end
new text begin
If an appropriation, cancellation, or transfer in this article is enacted more than once
during the 2025 regular session, the appropriation, cancellation, or transfer must be given
effect once.
new text end
new text begin
All uncodified language contained in this article expires on June 30, 2027, unless a
different expiration date is explicit or an appropriation is made available after June 30, 2027.
new text end
Section 1. new text begin CHILDREN, YOUTH, AND FAMILIES APPROPRIATIONS.new text end |
new text begin
The sums shown in the columns marked "Appropriations" are appropriated to the
commissioner of children, youth, and families for the purposes specified in this article. The
appropriations are from the general fund, or another named fund, and are available for the
fiscal years indicated for each purpose. The figures "2026" and "2027" used in this article
mean that the appropriations listed under them are available for the fiscal year ending June
30, 2026, or June 30, 2027, respectively. "The first year" is fiscal year 2026. "The second
year" is fiscal year 2027. "The biennium" is fiscal years 2026 and 2027.
new text end
new text begin
APPROPRIATIONS new text end |
||||||
new text begin
Available for the Year new text end |
||||||
new text begin
Ending June 30 new text end |
||||||
new text begin
2026 new text end |
new text begin
2027 new text end |
Sec. 2. new text begin TOTAL APPROPRIATIONnew text end |
new text begin
$ new text end |
new text begin
1,312,922,000 new text end |
new text begin
$ new text end |
new text begin
1,341,755,000 new text end |
new text begin
Appropriations by Fund new text end |
||
new text begin
2026 new text end |
new text begin
2027 new text end |
|
new text begin
General new text end |
new text begin
1,084,762,000 new text end |
new text begin
1,093,133,000 new text end |
new text begin
State Government Special Revenue new text end |
new text begin
732,000 new text end |
new text begin
732,000 new text end |
new text begin
Federal TANF new text end |
new text begin
227,428,000 new text end |
new text begin
247,890,000 new text end |
new text begin
The amounts that may be spent for each
purpose are specified in the following sections.
new text end
Sec. 3. new text begin TANF MAINTENANCE OF EFFORTnew text end |
new text begin Subdivision 1. new text end
new text begin
Nonfederal Expenditures
|
new text begin
The commissioner shall ensure that sufficient
qualified nonfederal expenditures are made
each year to meet the state's maintenance of
effort requirements of the TANF block grant
specified under Code of Federal Regulations,
title 45, section 263.1. In order to meet these
basic TANF maintenance of effort
requirements, the commissioner may report
as TANF maintenance of effort expenditures
only nonfederal money expended for allowable
activities listed in the following clauses:
new text end
new text begin
(1) MFIP cash, diversionary work program,
and food assistance benefits under Minnesota
Statutes, chapter 142G;
new text end
new text begin
(2) the child care assistance programs under
Minnesota Statutes, sections 142E.04 and
142E.08, and county child care administrative
costs under Minnesota Statutes, section
142E.02, subdivision 9;
new text end
new text begin
(3) state and county MFIP administrative costs
under Minnesota Statutes, chapters 142G and
256K;
new text end
new text begin
(4) state, county, and Tribal MFIP
employment services under Minnesota
Statutes, chapters 142G and 256K;
new text end
new text begin
(5) expenditures made on behalf of legal
noncitizen MFIP recipients who qualify for
the MinnesotaCare program under Minnesota
Statutes, chapter 256L;
new text end
new text begin
(6) qualifying working family credit
expenditures under Minnesota Statutes, section
290.0671, and child tax credit expenditures
under Minnesota Statutes, section 290.0661;
new text end
new text begin
(7) qualifying Minnesota education credit
expenditures under Minnesota Statutes, section
290.0674; and
new text end
new text begin
(8) qualifying Head Start expenditures under
Minnesota Statutes, section 142D.12.
new text end
new text begin Subd. 2. new text end
new text begin
Nonfederal Expenditures; Reporting
|
new text begin
For the activities listed in subdivision 1,
clauses (2) to (8), the commissioner may
report only expenditures that are excluded
from the definition of assistance under Code
of Federal Regulations, title 45, section
260.31.
new text end
new text begin Subd. 3. new text end
new text begin
Supplemental Expenditures
|
new text begin
For the purposes of this section, the
commissioner may supplement the
maintenance of effort claim with working
family credit expenditures or other qualified
expenditures to the extent such expenditures
are otherwise available after considering the
expenditures allowed in this section.
new text end
new text begin Subd. 4. new text end
new text begin
Reduction of Appropriations; Exception
|
new text begin
The requirement in Minnesota Statutes, section
142A.06, subdivision 3, that federal grants or
aids secured or obtained under that subdivision
be used to reduce any direct appropriations
provided by law does not apply if the grants
or aids are federal TANF funds.
new text end
new text begin Subd. 5. new text end
new text begin
IT Appropriations Generally
|
new text begin
This appropriation includes funds for
information technology projects, services, and
support. Funding for information technology
project costs must be incorporated into the
service level agreement and paid to Minnesota
IT Services by the Department of Children,
Youth, and Families under the rates and
mechanism specified in that agreement.
new text end
new text begin Subd. 6. new text end
new text begin
Receipts for Systems Project
|
new text begin
Appropriations and federal receipts for
information technology systems projects for
MAXIS, PRISM, MMIS, ISDS, METS, and
SSIS must be deposited in the state systems
account authorized in Minnesota Statutes,
section 142A.04. Money appropriated for
information technology projects approved by
the commissioner of Minnesota IT Services
funded by the legislature, and approved by the
commissioner of management and budget may
be transferred from one project to another and
from development to operations as the
commissioner of children, youth, and families
considers necessary. Any unexpended balance
in the appropriation for these projects does not
cancel and is available for ongoing
development and operations.
new text end
new text begin Subd. 7. new text end
new text begin
Federal SNAP Education and Training
|
new text begin
Federal funds available during fiscal years
2026 and 2027 for Supplemental Nutrition
Assistance Program Education and Training
and SNAP Quality Control Performance
Bonus grants are appropriated to the
commissioner of human services for the
purposes allowable under the terms of the
federal award. This subdivision is effective
the day following final enactment.
new text end
Sec. 4. new text begin CENTRAL OFFICE; AGENCY
|
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
138,708,000 new text end |
new text begin
$ new text end |
new text begin
102,070,000 new text end |
new text begin
Appropriations by Fund new text end |
||
new text begin
2026 new text end |
new text begin
2027 new text end |
|
new text begin
General new text end |
new text begin
137,876,000 new text end |
new text begin
101,238,000 new text end |
new text begin
State Government Special Revenue new text end |
new text begin
732,000 new text end |
new text begin
732,000 new text end |
new text begin
Federal TANF new text end |
new text begin
100,000 new text end |
new text begin
100,000 new text end |
new text begin Subd. 2. new text end
new text begin
Information Technology
|
new text begin
$40,000,000 in fiscal year 2026 is for
information technology improvements to
SSIS. The appropriation must be used to
develop and implement a modernization plan
for SSIS that addresses priorities established
through collaborative planning with counties
and Tribal Nations that use SSIS. Priorities
must take into consideration available funding
and have a direct impact on child welfare
casework. The appropriation must not be used
for changes to SSIS that are not part of the
child welfare modernization plan. This is a
onetime appropriation.
new text end
new text begin Subd. 3. new text end
new text begin
Base Level Adjustment
|
new text begin
The general fund base is $95,066,000 in fiscal
year 2028 and $95,066,000 in fiscal year 2029.
new text end
Sec. 5. new text begin CENTRAL OFFICE; CHILD SAFETY
|
new text begin
$ new text end |
new text begin
17,232,000 new text end |
new text begin
$ new text end |
new text begin
16,945,000 new text end |
Sec. 6. new text begin CENTRAL OFFICE; EARLY
|
new text begin
$ new text end |
new text begin
17,212,000 new text end |
new text begin
$ new text end |
new text begin
13,337,000 new text end |
new text begin Subdivision 1. new text end
new text begin
Child Care Attendance and
|
new text begin
$5,555,000 in fiscal year 2026 and $1,639,000
in fiscal year 2027 are to develop a statewide
electronic attendance and record-keeping
system for the child care assistance program.
The system must provide the commissioner,
county agencies, and Tribal Nations that
administer the program with real-time access
to electronic attendance records to verify
children's enrollment in the program. This is
a onetime appropriation.
new text end
new text begin Subd. 2. new text end
new text begin
Base Level Adjustment
|
new text begin
The general fund base is $11,698,000 in fiscal
year 2028 and $11,698,000 in fiscal year 2029.
new text end
Sec. 7. new text begin CENTRAL OFFICE; ECONOMIC
|
new text begin
$ new text end |
new text begin
3,852,000 new text end |
new text begin
$ new text end |
new text begin
3,562,000 new text end |
Sec. 8. new text begin CENTRAL OFFICE; FAMILY
|
new text begin
$ new text end |
new text begin
14,147,000 new text end |
new text begin
$ new text end |
new text begin
14,147,000 new text end |
new text begin
Appropriations by Fund new text end |
||
new text begin
2026 new text end |
new text begin
2027 new text end |
|
new text begin
General new text end |
new text begin
10,471,000 new text end |
new text begin
10,471,000 new text end |
new text begin
Federal TANF new text end |
new text begin
3,676,000 new text end |
new text begin
3,676,000 new text end |
Sec. 9. new text begin FORECASTED PROGRAMS;
|
new text begin
$ new text end |
new text begin
230,473,000 new text end |
new text begin
$ new text end |
new text begin
268,167,000 new text end |
new text begin
Appropriations by Fund new text end |
||
new text begin
2026 new text end |
new text begin
2027 new text end |
|
new text begin
General new text end |
new text begin
103,272,000 new text end |
new text begin
120,504,000 new text end |
new text begin
Federal TANF new text end |
new text begin
127,201,000 new text end |
new text begin
147,663,000 new text end |
Sec. 10. new text begin FORECASTED PROGRAMS; MFIP
|
new text begin
$ new text end |
new text begin
100,244,000 new text end |
new text begin
$ new text end |
new text begin
137,333,000 new text end |
Sec. 11. new text begin FORECASTED PROGRAMS;
|
new text begin
$ new text end |
new text begin
110,214,000 new text end |
new text begin
$ new text end |
new text begin
116,160,000 new text end |
Sec. 12. new text begin GRANT PROGRAMS; SUPPORT
|
new text begin
$ new text end |
new text begin
111,359,000 new text end |
new text begin
$ new text end |
new text begin
111,359,000 new text end |
new text begin
Appropriations by Fund new text end |
||
new text begin
2026 new text end |
new text begin
2027 new text end |
|
new text begin
General new text end |
new text begin
14,908,000 new text end |
new text begin
14,908,000 new text end |
new text begin
Federal TANF new text end |
new text begin
96,451,000 new text end |
new text begin
96,451,000 new text end |
Sec. 13. new text begin GRANT PROGRAMS; BASIC
|
new text begin
$ new text end |
new text begin
137,768,000 new text end |
new text begin
$ new text end |
new text begin
135,212,000 new text end |
Sec. 14. new text begin GRANT PROGRAMS; CHILD CARE
|
new text begin
$ new text end |
new text begin
139,319,000 new text end |
new text begin
$ new text end |
new text begin
138,819,000 new text end |
new text begin
$500,000 in fiscal year 2026 is from the
general fund for child care provider access to
technology grants under Minnesota Statutes,
section 142D.23, subdivision 3, clause (5).
This appropriation is available until fiscal year
2029.
new text end
Sec. 15. new text begin GRANT PROGRAMS; CHILD
|
new text begin
$ new text end |
new text begin
50,000 new text end |
new text begin
$ new text end |
new text begin
50,000 new text end |
Sec. 16. new text begin GRANT PROGRAMS; CHILDREN'S
|
new text begin
$ new text end |
new text begin
43,204,000 new text end |
new text begin
$ new text end |
new text begin
43,205,000 new text end |
new text begin
The commissioner shall allocate funds from
the state's savings from the Fostering
Connections to Success and Increasing
Adoptions Act's expanded eligibility for Title
IV-E adoption assistance as required in
Minnesota Statutes, section 142A.61, and as
allowable under federal law. Additional
savings to the state as a result of the Fostering
Connections to Success and Increasing
Adoptions Act's expanded eligibility for Title
IV-E adoption assistance is for postadoption,
foster care, adoption, and kinship services,
including a parent-to-parent support network
and as allowable under federal law.
new text end
Sec. 17. new text begin GRANT PROGRAMS; CHILDREN
|
new text begin
$ new text end |
new text begin
87,984,000 new text end |
new text begin
$ new text end |
new text begin
87,984,000 new text end |
Sec. 18. new text begin GRANT PROGRAMS; CHILDREN
|
new text begin
$ new text end |
new text begin
14,327,000 new text end |
new text begin
$ new text end |
new text begin
12,426,000 new text end |
new text begin Subdivision 1. new text end
new text begin
FAIM
|
new text begin
$209,000 in fiscal year 2026 and $210,000 in
fiscal year 2027 are from the general fund for
the family assets for independence program.
This is a onetime appropriation and is
available until fiscal year 2029.
new text end
new text begin Subd. 2. new text end
new text begin
American Indian Food Sovereignty
|
new text begin
$500,000 in fiscal year 2026 is for the
American Indian food sovereignty funding
program under Minnesota Statutes, section
142F.15. This is a onetime appropriation and
is available until June 30, 2027.
new text end
new text begin Subd. 3. new text end
new text begin
Minnesota Food Shelf Program
|
new text begin
$451,000 in fiscal year 2026 is for the
Minnesota food shelf program under
Minnesota Statutes, section 142F.14. This is
a onetime appropriation.
new text end
new text begin Subd. 4. new text end
new text begin
Prepared Meals Food Relief
|
new text begin
$451,000 in fiscal year 2026 is for prepared
meals food relief grants under Laws 2023,
chapter 70, article 12, section 33. This is a
onetime appropriation.
new text end
new text begin Subd. 5. new text end
new text begin
Minnesota Food Bank Program
|
new text begin
$500,000 in fiscal year 2026 is for Minnesota's
regional food banks with an annual operating
budget of less than $100,000,000 that the
commissioner contracts with for the purposes
of the emergency food assistance program
(TEFAP). The commissioner shall distribute
funding under this paragraph in accordance
with the federal TEFAP formula and
guidelines of the United States Department of
Agriculture. Funding must be used to purchase
food that will be distributed free of charge to
TEFAP partner agencies. Funding must also
cover the handling and delivery fees typically
paid by food shelves to food banks to ensure
that costs associated with funding under this
paragraph are not incurred at the local level.
This is a onetime appropriation.
new text end
new text begin Subd. 6. new text end
new text begin
Base Level Adjustment
|
new text begin
The general fund base is $12,216,000 in fiscal
year 2028 and $12,216,000 in fiscal year 2029.
new text end
Sec. 19. new text begin GRANT PROGRAMS; EARLY
|
new text begin
$ new text end |
new text begin
138,688,000 new text end |
new text begin
$ new text end |
new text begin
132,838,000 new text end |
Sec. 20. new text begin GRANT PROGRAMS; YOUTH
|
new text begin
$ new text end |
new text begin
8,141,000 new text end |
new text begin
$ new text end |
new text begin
8,141,000 new text end |
new text begin Subdivision 1. new text end
new text begin
Restorative Practices Initiative
|
new text begin
$1,750,000 in fiscal year 2026 and $1,750,000
in fiscal year 2027 are from the general fund
for restorative practices initiative grants. The
general fund base for this appropriation is
$2,500,000 in fiscal year 2028 and $2,500,000
in fiscal year 2029.
new text end
new text begin Subd. 2. new text end
new text begin
Base Level Adjustment
|
new text begin
The general fund base is $8,891,000 in fiscal
year 2028 and $8,891,000 in fiscal year 2029.
new text end
Sec. 21. new text begin TECHNICAL ACTIVITIESnew text end |
new text begin
$ new text end |
new text begin
74,493,000 new text end |
new text begin
$ new text end |
new text begin
74,493,000 new text end |
new text begin
This appropriation is from the federal TANF
fund.
new text end
new text begin
(a) $2,500,000 in fiscal year 2025 is appropriated from the general fund to the
commissioner of children, youth, and families for food shelf programs under Minnesota
Statutes, section 142F.14. This is a onetime emergency appropriation with the intent to
distribute as quickly as possible and is available until June 30, 2026.
new text end
new text begin
(b) $500,000 in fiscal year 2025 is appropriated from the general fund to the commissioner
of children, youth, and families for the American Indian food sovereignty funding program
under Minnesota Statutes, section 142F.15. This is a onetime appropriation. Notwithstanding
Minnesota Statutes, section 16A.28, subdivision 3, this appropriation is available until June
30, 2026.
new text end
new text begin
(c) $1,000,000 in fiscal year 2025 is appropriated from the general fund to the
commissioner of children, youth, and families for contracts with Minnesota's regional food
banks with an annual operating budget of less than $100,000,000 for the purposes of The
Emergency Food Assistance Program (TEFAP). The commissioner shall distribute the food
bank funding under this paragraph in accordance with the federal TEFAP formula and
guidelines of the United States Department of Agriculture. Funding must be used by all
regional food banks to purchase food that will be distributed free of charge to TEFAP partner
agencies. Funding must also cover the handling and delivery fees typically paid by food
shelves to food banks to ensure that costs associated with funding under this paragraph are
not incurred at the local level. Funding distributed under this paragraph must not be used
for food bank administrative costs. This is a onetime appropriation. Notwithstanding
Minnesota Statutes, section 16A.28, subdivision 3, this appropriation is available until June
30, 2026.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Laws 2023, chapter 70, article 20, section 8, is amended to read:
Sec. 8. OFFICE OF THE FOSTER YOUTH
|
$ |
842,000 |
$ |
759,000 |
new text begin
This appropriation is available until June 30,
2027.
new text end
new text begin
$5,294,000 of the fiscal year 2025
general fund appropriation in Laws 2023, chapter 70, article 20, section 2, subdivision 22,
paragraph (b), is canceled to the general fund.
new text end
new text begin
$8,500,000
of the fiscal year 2024 general fund appropriation in Laws 2023, chapter 70, article 20,
section 12, paragraph (b), is canceled to the general fund.
new text end
new text begin
$5,059,000
of the fiscal year 2024 general fund appropriation in Laws 2023, chapter 70, article 20,
section 2, subdivision 4, paragraph (g), is canceled to the general fund.
new text end
new text begin
This section is effective the day following final enactment, or
retroactively from June 30, 2025, whichever is earlier.
new text end
new text begin
The commissioner of children, youth, and families,
with the approval of the commissioner of management and budget, may transfer
unencumbered appropriation balances for the biennium ending June 30, 2027, within fiscal
years among MFIP; MFIP child care assistance under Minnesota Statutes, section 142E.08;
the entitlement portion of Northstar Care for Children under Minnesota Statutes, sections
142A.60 to 142A.612; and early childhood family education under Minnesota Statutes,
section 142D.11, between fiscal years of the biennium. The commissioner shall inform the
chairs and ranking minority members of the legislative committees with jurisdiction over
children and families finance and policy quarterly about transfers made under this
subdivision.
new text end
new text begin
Positions, salary money, and nonsalary administrative money
may be transferred within the Department of Children, Youth, and Families as the
commissioners deem necessary, with the advance approval of the commissioner of
management and budget. The commissioners shall report to the chairs and ranking minority
members of the legislative committees with jurisdiction over children and families finance
quarterly about transfers made under this subdivision.
new text end
new text begin
Administrative money may be transferred
between the Department of Children, Youth, and Families and Department of Human
Services or the Department of Education as the commissioners deem necessary, with the
advance approval of the commissioner of management and budget. The commissioners
shall report to the chairs and ranking minority members of the legislative committees with
jurisdiction over children and families finance and policy quarterly about transfers made
under this subdivision.
new text end
new text begin
All uncodified language contained in this article expires on June 30, 2027, unless a
different expiration date is explicit or an appropriation is made available beyond June 30,
2027.
new text end
new text begin
If an appropriation, transfer, or cancellation in this article is enacted more than once
during the 2025 regular session, the appropriation, transfer, or cancellation must be given
effect once.
new text end
Section 1. new text begin OTHER AGENCY APPROPRIATIONS.new text end |
new text begin
The sums shown in the columns marked "Appropriations" are appropriated to the agencies
and for the purposes specified in this article. The appropriations are from the general fund,
or another named fund, and are available for the fiscal years indicated for each purpose.
The figures "2026" and "2027" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2026, or June 30, 2027, respectively.
"The first year" is fiscal year 2026. "The second year" is fiscal year 2027. "The biennium"
is fiscal years 2026 and 2027.
new text end
new text begin
APPROPRIATIONS new text end |
||||||
new text begin
Available for the Year new text end |
||||||
new text begin
Ending June 30 new text end |
||||||
new text begin
2026 new text end |
new text begin
2027 new text end |
Sec. 2. new text begin HEALTH-RELATED BOARDSnew text end |
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
34,630,000 new text end |
new text begin
$ new text end |
new text begin
34,511,000 new text end |
new text begin
Appropriations by Fund new text end |
||
new text begin
2026 new text end |
new text begin
2027 new text end |
|
new text begin
General new text end |
new text begin
643,000 new text end |
new text begin
643,000 new text end |
new text begin
State Government Special Revenue new text end |
new text begin
33,987,000 new text end |
new text begin
33,868,000 new text end |
new text begin
These amounts are appropriated from the state
government special revenue fund, unless
specified otherwise, for the purposes specified
in the following subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Board of Behavioral Health and
|
new text begin
1,289,000 new text end |
new text begin
1,289,000 new text end |
new text begin Subd. 3. new text end
new text begin
Board of Chiropractic Examiners
|
new text begin
890,000 new text end |
new text begin
890,000 new text end |
new text begin Subd. 4. new text end
new text begin
Board of Dentistry
|
new text begin
4,308,000 new text end |
new text begin
4,310,000 new text end |
new text begin
(a) Administrative services unit; operating
costs. Of this appropriation, $1,936,000 in
fiscal year 2026 and $1,936,000 in fiscal year
2027 are for operating costs of the
administrative services unit. The
administrative services unit may receive and
expend reimbursements for services it
performs for other agencies.
new text end
new text begin
(b) Administrative services unit; volunteer
health care provider program. Of this
appropriation, $150,000 in fiscal year 2026
and $150,000 in fiscal year 2027 are to pay
for medical professional liability coverage
required under Minnesota Statutes, section
214.40.
new text end
new text begin
(c) Administrative services unit; retirement
costs. Of this appropriation, $237,000 in fiscal
year 2026 and $237,000 in fiscal year 2027
are for the administrative services unit to pay
for the retirement costs of health-related board
employees. This funding may be transferred
to the health board incurring retirement costs.
Any board that has an unexpended balance for
an amount transferred under this paragraph
shall transfer the unexpended amount to the
administrative services unit. If the amount
appropriated in the first year of the biennium
is not sufficient, the amount from the second
year of the biennium is available.
new text end
new text begin
(d) Administrative services unit; contested
cases and other legal proceedings. Of this
appropriation, $200,000 in fiscal year 2026
and $200,000 in fiscal year 2027 are for costs
of contested case hearings and other
unanticipated costs of legal proceedings
involving health-related boards under this
section. Upon certification by a health-related
board to the administrative services unit that
unanticipated costs for legal proceedings will
be incurred and that available appropriations
are insufficient to pay for the unanticipated
costs for that board, the administrative services
unit is authorized to transfer money from this
appropriation to the board for payment of costs
for contested case hearings and other
unanticipated costs of legal proceedings with
the approval of the commissioner of
management and budget. The commissioner
of management and budget must require any
board that has an unexpended balance or an
amount transferred under this paragraph to
transfer the unexpended amount to the
administrative services unit to be deposited in
the state government special revenue fund.
new text end
new text begin Subd. 5. new text end
new text begin
Board of Dietetics and Nutrition
|
new text begin
277,000 new text end |
new text begin
277,000 new text end |
new text begin Subd. 6. new text end
new text begin
Board of Executives for Long-term
|
new text begin
736,000 new text end |
new text begin
736,000 new text end |
new text begin Subd. 7. new text end
new text begin
Board of Marriage and Family Therapy
|
new text begin
457,000 new text end |
new text begin
457,000 new text end |
new text begin Subd. 8. new text end
new text begin
Board of Medical Practice
|
new text begin
6,196,000 new text end |
new text begin
6,141,000 new text end |
new text begin
Base Level Adjustment. The state
government special revenue fund base for this
subdivision is $6,132,000 in fiscal year 2028
and $6,132,000 in fiscal year 2029.
new text end
new text begin Subd. 9. new text end
new text begin
Board of Nursing
|
new text begin
6,275,000 new text end |
new text begin
6,275,000 new text end |
new text begin Subd. 10. new text end
new text begin
Board of Occupational Therapy
|
new text begin
560,000 new text end |
new text begin
560,000 new text end |
new text begin Subd. 11. new text end
new text begin
Board of Optometry
|
new text begin
280,000 new text end |
new text begin
280,000 new text end |
new text begin Subd. 12. new text end
new text begin
Board of Pharmacy
|
new text begin
Appropriations by Fund new text end |
||
new text begin
General new text end |
new text begin
643,000 new text end |
new text begin
643,000 new text end |
new text begin
State Government Special Revenue new text end |
new text begin
6,280,000 new text end |
new text begin
6,280,000 new text end |
new text begin
(a) Medication Repository Program.
$175,000 in fiscal year 2026 and $175,000 in
fiscal year 2027 are from the general fund for
the medication repository program under
Minnesota Statutes, section 151.555. The
general fund base for this appropriation is
$450,000 in fiscal year 2028 and $450,000 in
fiscal year 2029.
new text end
new text begin
(b) Base Level Adjustments. The general
fund base for this subdivision is $918,000 in
fiscal year 2028 and $918,000 in fiscal year
2029.
new text end
new text begin Subd. 13. new text end
new text begin
Board of Physical Therapy
|
new text begin
789,000 new text end |
new text begin
789,000 new text end |
new text begin Subd. 14. new text end
new text begin
Board of Podiatric Medicine
|
new text begin
257,000 new text end |
new text begin
257,000 new text end |
new text begin Subd. 15. new text end
new text begin
Board of Psychology
|
new text begin
2,781,000 new text end |
new text begin
2,781,000 new text end |
new text begin
Health Professionals Services Program.
$1,324,000 in fiscal year 2026 and $1,324,000
in fiscal year 2027 are for the health
professionals services program.
new text end
new text begin Subd. 16. new text end
new text begin
Board of Social Work
|
new text begin
2,068,000 new text end |
new text begin
2,002,000 new text end |
new text begin
Base Level Adjustments. The state
government special revenue fund base for this
subdivision is $2,022,000 in fiscal year 2028
and $2,022,000 in fiscal year 2029.
new text end
new text begin Subd. 17. new text end
new text begin
Board of Veterinary Medicine
|
new text begin
544,000 new text end |
new text begin
544,000 new text end |
Sec. 3. new text begin OFFICE OF EMERGENCY MEDICAL
|
new text begin
$ new text end |
new text begin
22,168,000 new text end |
new text begin
$ new text end |
new text begin
20,631,000 new text end |
new text begin Subdivision 1. new text end
new text begin
Ambulance Operating Deficit
|
new text begin
$9,916,000 in fiscal year 2026 and $9,916,000
in fiscal year 2027 are for the ambulance
operating deficit grant program under
Minnesota Statutes, section 144E.54. The base
for this appropriation is $9,516,000 in fiscal
year 2028 and $9,516,000 in fiscal year 2029.
new text end
new text begin Subd. 2. new text end
new text begin
Rural EMS Uncompensated Care Pool
|
new text begin
$5,239,000 in fiscal year 2026 and $5,267,000
in fiscal year 2027 are for the rural EMS
uncompensated care pool payment program
under Minnesota Statutes, section 144E.55.
The base for this appropriation is $4,978,000
in fiscal year 2028 and $4,978,000 in fiscal
year 2029.
new text end
new text begin Subd. 3. new text end
new text begin
Base Level Adjustments
|
new text begin
The base for this section is $19,942,000 in
fiscal year 2028 and $19,942,000 in fiscal year
2029.
new text end
Sec. 4. new text begin RARE DISEASE ADVISORY
|
new text begin
$ new text end |
new text begin
674,000 new text end |
new text begin
$ new text end |
new text begin
679,000 new text end |
Sec. 5. new text begin BOARD OF DIRECTORS OF MNSUREnew text end |
new text begin
$ new text end |
new text begin
70,000 new text end |
new text begin
$ new text end |
new text begin
70,000 new text end |
Laws 2024, chapter 127, article 67, section 4, is amended to read:
Sec. 4. BOARD OF PHARMACY
|
Appropriations by Fund | ||
General | 1,500,000 | -0- |
State Government Special Revenue |
-0- | 27,000 |
(a) Legal Costs. $1,500,000 in fiscal year
2024 is from the general fund for legal costs.
This is a onetime appropriationnew text begin and is
available until June 30, 2027new text end .
(b) Base Level Adjustment. The state
government special revenue fund base is
increased by $27,000 in fiscal year 2026 and
increased by $27,000 in fiscal year 2027.
new text begin
This section is effective June 30, 2025.
new text end
new text begin
The administrative costs retention requirement under Minnesota Statutes, section 16B.98,
subdivision 14, is inapplicable to any appropriation in this article for a grant.
new text end
new text begin
If an appropriation, cancellation, or transfer in this article is enacted more than once
during the 2025 regular session, the appropriation, cancellation, or transfer must be given
effect once.
new text end
new text begin
All uncodified language contained in this article expires June 30, 2027, unless a different
expiration date is explicit or an appropriation is made available after June 30, 2027.
new text end
Section 1. new text begin OTHER AGENCY APPROPRIATIONS.new text end |
new text begin
The sums shown in the columns marked "Appropriations" are appropriated to the agencies
and for the purposes specified in this article. The appropriations are from the general fund,
or another named fund, and are available for the fiscal years indicated for each purpose.
The figures "2026" and "2027" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2026, or June 30, 2027, respectively.
"The first year" is fiscal year 2026. "The second year" is fiscal year 2027. "The biennium"
is fiscal years 2026 and 2027.
new text end
new text begin
APPROPRIATIONS new text end |
||||||
new text begin
Available for the Year new text end |
||||||
new text begin
Ending June 30 new text end |
||||||
new text begin
2026 new text end |
new text begin
2027 new text end |
Sec. 2. new text begin OMBUDSPERSON FOR FAMILIESnew text end |
new text begin
$ new text end |
new text begin
792,000 new text end |
new text begin
$ new text end |
new text begin
808,000 new text end |
Sec. 3. new text begin OMBUDSPERSON FOR AMERICAN
|
new text begin
$ new text end |
new text begin
344,000 new text end |
new text begin
$ new text end |
new text begin
347,000 new text end |
Sec. 4. new text begin OFFICE OF THE FOSTER YOUTH
|
new text begin
$ new text end |
new text begin
772,000 new text end |
new text begin
$ new text end |
new text begin
785,000 new text end |
Sec. 5. new text begin DEPARTMENT OF EDUCATIONnew text end |
new text begin
$ new text end |
new text begin
7,950,000 new text end |
new text begin
$ new text end |
new text begin
7,950,000 new text end |
new text begin
All uncodified language contained in this article expires on June 30, 2027, unless a
different expiration date is explicit or an appropriation is made available beyond June 30,
2027.
new text end
new text begin
If an appropriation, transfer, or cancellation in this article is enacted more than once
during the 2025 regular session, the appropriation, transfer, or cancellation must be given
effect once.
new text end
Repealed Minnesota Statutes: H2435-3
(a) For the purposes of this section, the following terms have the meanings given.
(b) "Long COVID" means health problems that people experience four or more weeks after being infected with SARS-CoV-2, the virus that causes COVID-19. Long COVID is also called post-COVID conditions, long-haul COVID, chronic COVID, post-acute COVID, or post-acute sequelae of COVID-19 (PASC).
(c) "Related conditions" means conditions associated with or sequelae of long COVID, including but not limited to myalgic encephalomyelitis/chronic fatigue syndrome (ME/CFS) and dysautonomia, and postural orthostatic tachycardia syndrome (POTS).
The commissioner of health shall establish a program to conduct community assessments and epidemiologic investigations to monitor and address impacts of long COVID and related conditions. The purposes of these activities are to:
(1) monitor trends in: incidence, prevalence, mortality, and health outcomes; changes in disability status, employment, and quality of life; and service needs of individuals with long COVID or related conditions and to detect potential public health problems, predict risks, and assist in investigating long COVID and related conditions health inequities;
(2) more accurately target information and resources for communities and patients and their families;
(3) inform health professionals and citizens about risks and early detection;
(4) promote evidence-based practices around long COVID and related conditions prevention and management and to address public concerns and questions about long COVID and related conditions; and
(5) research and track related conditions.
The commissioner of health shall, in consultation with health care professionals, the commissioner of human services, local public health entities, health insurers, employers, schools, survivors of long COVID or related conditions, and community organizations serving people at high risk of long COVID or related conditions, identify priority actions and activities to address the needs for communication, services, resources, tools, strategies, and policies to support survivors of long COVID or related conditions and their families.
The commissioner of health shall coordinate and collaborate with community and organizational partners to implement evidence-informed priority actions through community-based grants and contracts. The commissioner of health shall award grants and enter into contracts to organizations that serve communities disproportionately impacted by COVID-19, long COVID, or related conditions, including but not limited to rural and low-income areas, Black and African Americans, African immigrants, American Indians, Asian American-Pacific Islanders, Latino(a) communities, LGBTQ+ communities, and persons with living disabilities. Organizations may also address intersectionality within the groups. The commissioner shall award grants and award contracts to eligible organizations to plan, construct, and disseminate resources and information to support survivors of long COVID or related conditions, including caregivers, health care providers, ancillary health care workers, workplaces, schools, communities, and local and Tribal public health.
Except for establishing level of service process, the commissioner shall not use a broker or coordinator for any purpose related to nonemergency medical transportation services under subdivision 18.
The commissioner, in coordination with the commissioner of transportation, shall implement a single administrative structure and delivery system for nonemergency medical transportation, beginning the latter of the date the single administrative assessment tool required in this subdivision is available for use, as determined by the commissioner or by July 1, 2016.
In coordination with the Department of Transportation, the commissioner shall develop and authorize a web-based single administrative structure and assessment tool, which must operate 24 hours a day, seven days a week, to facilitate the enrollee assessment process for nonemergency medical transportation services. The web-based tool shall facilitate the transportation eligibility determination process initiated by clients and client advocates; shall include an accessible automated intake and assessment process and real-time identification of level of service eligibility; and shall authorize an appropriate and auditable mode of transportation authorization. The tool shall provide a single framework for reconciling trip information with claiming and collecting complaints regarding inappropriate level of need determinations, inappropriate transportation modes utilized, and interference with accessing nonemergency medical transportation. The web-based single administrative structure shall operate on a trial basis for one year from implementation and, if approved by the commissioner, shall be permanent thereafter.
(a) The following nonemergency medical transportation (NEMT) subdivisions apply to managed care plans and county-based purchasing plans:
(1) subdivision 17, paragraphs (a), (b), (i), and (n);
(2) subdivision 18; and
(3) subdivision 18a.
(b) A nonemergency medical transportation provider must comply with the operating standards for special transportation service specified in sections 174.29 to 174.30 and Minnesota Rules, chapter 8840. Publicly operated transit systems, volunteers, and not-for-hire vehicles are exempt from the requirements in this paragraph.
(c) Managed care plans and county-based purchasing plans must provide a fuel adjustment for NEMT rates when fuel exceeds $3 per gallon. If, for any contract year, federal approval is not received for this paragraph, the commissioner must adjust the capitation rates paid to managed care plans and county-based purchasing plans for that contract year to reflect the removal of this provision. Contracts between managed care plans and county-based purchasing plans and providers to whom this paragraph applies must allow recovery of payments from those providers if capitation rates are adjusted in accordance with this paragraph. Payment recoveries must not exceed the amount equal to any increase in rates that results from this paragraph. This paragraph expires if federal approval is not received for this paragraph at any time.
Repealed Minnesota Session Laws: H2435-3
Laws 2023, chapter 70, article 16, section 22
new text begin (a) The commissioner of commerce is authorized to perform the steps necessary to submit a 1332 waiver application, including but not limited to submitting the waiver application and all other steps necessary to complete the waiver application process, based on the final recommendation of the commissioner of commerce under section 21 if the legislature does not enact a law by June 1, 2024, modifying the: new text end
new text begin (1) recommendation under section 21; or new text end
new text begin (2) commissioner of commerce's authority under this section. new text end
new text begin (b) Upon receipt of a federal waiver and the enactment of any necessary legislation, the commissioner of commerce shall implement a public option to be made available to consumers beginning January 1, 2027. new text end
new text begin (c) In implementing this section, the commissioner of commerce shall consult with the commissioners of human services and health and the Board of Directors of MNsure. new text end
new text begin This section is effective the day following final enactment. new text end
Repealed Minnesota Rule: H2435-3
"Education" means accredited course work from an accredited postsecondary institution in child development; children with special needs; early childhood education methods or theory; curriculum planning; child study techniques; family studies; child psychology; parent involvement; behavior guidance; child nutrition; child health and safety; early childhood special education methods or theory; child abuse and neglect prevention; recreational sports, arts, and crafts methods or theory; or coordination of community and school activities. "Education," as specified on the charts in parts 9503.0032 and 9503.0033, is in addition to the credential specified in column A unless the course work has been completed as part of the credential.