Bill Text: MN HF1867 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Executive branch advisory groups governing provisions modified.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2014-03-13 - Committee report, to adopt as amended and re-refer to Government Operations [HF1867 Detail]
Download: Minnesota-2013-HF1867-Engrossed.html
1.2relating to state government; modifying laws governing certain executive branch
1.3advisory groups;amending Minnesota Statutes 2012, sections 115.741, by
1.4adding a subdivision; 144G.06; 152.126, subdivision 3; 252.30; 256B.0625,
1.5subdivision 13c; 256B.27, subdivision 3; Minnesota Statutes 2013 Supplement,
1.6sections 144.98, subdivision 10; 254A.035, subdivision 2; 254A.04; 256B.064,
1.7subdivision 1a; 256B.093, subdivision 1; 260.835, subdivision 2; repealing
1.8Minnesota Statutes 2012, sections 62U.09; 144.011, subdivision 2; 145.98,
1.9subdivisions 1, 3; 252.31; 402A.15.
1.10BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.11 Section 1. Minnesota Statutes 2012, section 115.741, is amended by adding a
1.12subdivision to read:
1.13 Subd. 5. Repeal. This section is repealed June 30, 2019.
1.14 Sec. 2. Minnesota Statutes 2013 Supplement, section 144.98, subdivision 10, is
1.15amended to read:
1.16 Subd. 10. Establishing a selection committee. (a) The commissioner shall
1.17establish a selection committee for the purpose of recommending approval of qualified
1.18laboratory assessors and assessment bodies. Committee members shall demonstrate
1.19competence in assessment practices. The committee shall initially consist of seven
1.20members appointed by the commissioner as follows:
1.21(1) one member from a municipal laboratory accredited by the commissioner;
1.22(2) one member from an industrial treatment laboratory accredited by the
1.23commissioner;
1.24(3) one member from a commercial laboratory located in this state and accredited by
1.25the commissioner;
2.1(4) one member from a commercial laboratory located outside the state and
2.2accredited by the commissioner;
2.3(5) one member from a nongovernmental client of environmental laboratories;
2.4(6) one member from a professional organization with a demonstrated interest in
2.5environmental laboratory data and accreditation; and
2.6(7) one employee of the laboratory accreditation program administered by the
2.7department.
2.8(b) Committee appointments begin on January 1 and end on December 31 of the
2.9same year.
2.10(c) The commissioner shall appoint persons to fill vacant committee positions,
2.11expand the total number of appointed positions, or change the designated positions upon
2.12the advice of the committee.
2.13(d) The commissioner shall rescind the appointment of a selection committee
2.14member for sufficient cause as the commissioner determines, such as:
2.15(1) neglect of duty;
2.16(2) failure to notify the commissioner of a real or perceived conflict of interest;
2.17(3) nonconformance with committee procedures;
2.18(4) failure to demonstrate competence in assessment practices; or
2.19(5) official misconduct.
2.20(e) Members of the selection committee shall be compensated according to the
2.21provisions in section15.059, subdivision 3 .
2.22(f) The selection committee expires June 30, 2018.
2.23 Sec. 3. Minnesota Statutes 2012, section 144G.06, is amended to read:
2.24144G.06 UNIFORM CONSUMER INFORMATION GUIDE.
2.25(a) The commissioner of health shall establish an advisory committee consisting
2.26of representatives of consumers, providers, county and state officials, and other
2.27groups the commissioner considers appropriate. The advisory committee shall present
2.28recommendations to the commissioner on:
2.29(1) a format for a guide to be used by individual providers of assisted living, as
2.30defined in section
144G.01, that includes information about services offered by that
2.31provider, which services may be covered by Medicare, service costs, and other relevant
2.32provider-specific information, as well as a statement of philosophy and values associated
2.33with assisted living, presented in uniform categories that facilitate comparison with guides
2.34issued by other providers; and
3.1(2) requirements for informing assisted living clients, as defined in section
144G.01,
3.2of their applicable legal rights.
3.3(b) The commissioner, after reviewing the recommendations of the advisory
3.4committee, shall adopt a uniform format for the guide to be used by individual providers,
3.5and the required components of materials to be used by providers to inform assisted
3.6living clients of their legal rights, and shall make the uniform format and the required
3.7components available to assisted living providers.
3.8 Sec. 4. Minnesota Statutes 2012, section 152.126, subdivision 3, is amended to read:
3.9 Subd. 3. Prescription Electronic Reporting Advisory Committee. (a) The
3.10board shall convene an advisory committee. The committee must include at least one
3.11representative of:
3.12 (1) the Department of Health;
3.13 (2) the Department of Human Services;
3.14 (3) each health-related licensing board that licenses prescribers;
3.15 (4) a professional medical association, which may include an association of pain
3.16management and chemical dependency specialists;
3.17 (5) a professional pharmacy association;
3.18 (6) a professional nursing association;
3.19 (7) a professional dental association;
3.20 (8) a consumer privacy or security advocate; and
3.21 (9) a consumer or patient rights organization.
3.22 (b) The advisory committee shall advise the board on the development and operation
3.23of the electronic reporting system, including, but not limited to:
3.24 (1) technical standards for electronic prescription drug reporting;
3.25 (2) proper analysis and interpretation of prescription monitoring data; and
3.26 (3) an evaluation process for the program.
3.27(c) The advisory committee expires June 30, 2018.
3.28EFFECTIVE DATE.This section is effective the day following final enactment.
3.29 Sec. 5. Minnesota Statutes 2012, section 252.30, is amended to read:
3.30252.30 AUTHORIZATION TO MAKE GRANTS FOR COMMUNITY
3.31RESIDENTIAL FACILITIES.
3.32The commissioner of human services may make grants to nonprofit organizations,
3.33municipalities or local units of government to provide up to 25 percent of the cost of
4.1constructing, purchasing or remodeling small community residential facilities for persons
4.2with developmental disabilities allowing such persons to live in a homelike atmosphere
4.3near their families. Operating capital grants may also be made for up to three months of
4.4reimbursable operating costs after the facility begins processing applications for admission
4.5and prior to reimbursement for services. Repayment of the operating grants shall be made
4.6to the commissioner of human services at the end of the provider's first fiscal year, or at
4.7the conclusion of the interim rate period, whichever occurs first. No aid under this section
4.8shall be granted to a facility providing for more than 16 residents in a living unit and with
4.9more than two living units.The advisory council established by section
252.31 shall
4.10recommend to the commissioner appropriate disbursement of the funds appropriated by
4.11Laws 1973, chapter 673, section 3. Prior to any disbursement of funds the commissioner
4.12shall review the plans and location of any proposed facility to determine whether such
4.13a facility is needed. The commissioner shall promulgate such rules for the making of
4.14grants and for the administration of this section as the commissioner deems proper.
4.15The remaining portion of the cost of constructing, purchasing, remodeling facilities, or
4.16of operating capital shall be borne by nonstate sources including federal grants, local
4.17government funds, funds from charitable sources, gifts and mortgages.
4.18 Sec. 6. Minnesota Statutes 2013 Supplement, section 254A.035, subdivision 2, is
4.19amended to read:
4.20 Subd. 2. Membership terms, compensation, removal and expiration. The
4.21membership of this council shall be composed of 17 persons who are American Indians
4.22and who are appointed by the commissioner. The commissioner shall appoint one
4.23representative from each of the following groups: Red Lake Band of Chippewa Indians;
4.24Fond du Lac Band, Minnesota Chippewa Tribe; Grand Portage Band, Minnesota
4.25Chippewa Tribe; Leech Lake Band, Minnesota Chippewa Tribe; Mille Lacs Band,
4.26Minnesota Chippewa Tribe; Bois Forte Band, Minnesota Chippewa Tribe; White Earth
4.27Band, Minnesota Chippewa Tribe; Lower Sioux Indian Reservation; Prairie Island Sioux
4.28Indian Reservation; Shakopee Mdewakanton Sioux Indian Reservation; Upper Sioux
4.29Indian Reservation; International Falls Northern Range; Duluth Urban Indian Community;
4.30and two representatives from the Minneapolis Urban Indian Community and two from the
4.31St. Paul Urban Indian Community. The terms, compensation, and removal of American
4.32Indian Advisory Council members shall be as provided in section15.059 . The council
4.33expires June 30,2014 2018.
4.34EFFECTIVE DATE.This section is effective the day following final enactment.
5.1 Sec. 7. Minnesota Statutes 2013 Supplement, section 254A.04, is amended to read:
5.2254A.04 CITIZENS ADVISORY COUNCIL.
5.3 There is hereby created an Alcohol and Other Drug Abuse Advisory Council to
5.4advise the Department of Human Services concerning the problems of alcohol and
5.5other drug dependency and abuse, composed of ten members. Five members shall be
5.6individuals whose interests or training are in the field of alcohol dependency and abuse;
5.7and five members whose interests or training are in the field of dependency and abuse of
5.8drugs other than alcohol. The terms, compensation and removal of members shall be as
5.9provided in section15.059 . The council expires June 30, 2014 2018. The commissioner
5.10of human services shall appoint members whose terms end in even-numbered years. The
5.11commissioner of health shall appoint members whose terms end in odd-numbered years.
5.12EFFECTIVE DATE.This section is effective the day following final enactment.
5.13 Sec. 8. Minnesota Statutes 2012, section 256B.0625, subdivision 13c, is amended to
5.14read:
5.15 Subd. 13c. Formulary committee. The commissioner, after receiving
5.16recommendations from professional medical associations and professional pharmacy
5.17associations, and consumer groups shall designate a Formulary Committee to carry
5.18out duties as described in subdivisions 13 to 13g. The Formulary Committee shall be
5.19comprised of four licensed physicians actively engaged in the practice of medicine in
5.20Minnesota one of whom must be actively engaged in the treatment of persons with mental
5.21illness; at least three licensed pharmacists actively engaged in the practice of pharmacy
5.22in Minnesota; and one consumer representative; the remainder to be made up of health
5.23care professionals who are licensed in their field and have recognized knowledge in the
5.24clinically appropriate prescribing, dispensing, and monitoring of covered outpatient drugs.
5.25Members of the Formulary Committee shall not be employed by the Department of Human
5.26Services, but the committee shall be staffed by an employee of the department who shall
5.27serve as an ex officio, nonvoting member of the committee. The department's medical
5.28director shall also serve as an ex officio, nonvoting member for the committee. Committee
5.29members shall serve three-year terms and may be reappointed by the commissioner.
5.30The Formulary Committee shall meet at least twice per year. The commissioner may
5.31require more frequent Formulary Committee meetings as needed. An honorarium of $100
5.32per meeting and reimbursement for mileage shall be paid to each committee member in
5.33attendance. The Formulary Committee expires June 30, 2018.
5.34EFFECTIVE DATE.This section is effective the day following final enactment.
6.1 Sec. 9. Minnesota Statutes 2013 Supplement, section 256B.064, subdivision 1a,
6.2is amended to read:
6.3 Subd. 1a. Grounds for sanctions against vendors. The commissioner may
6.4impose sanctions against a vendor of medical care for any of the following: (1) fraud,
6.5theft, or abuse in connection with the provision of medical care to recipients of public
6.6assistance; (2) a pattern of presentment of false or duplicate claims or claims for services
6.7not medically necessary; (3) a pattern of making false statements of material facts for
6.8the purpose of obtaining greater compensation than that to which the vendor is legally
6.9entitled; (4) suspension or termination as a Medicare vendor; (5) refusal to grant the
6.10state agency access during regular business hours to examine all records necessary to
6.11disclose the extent of services provided to program recipients and appropriateness of
6.12claims for payment; (6) failure to repay an overpayment or a fine finally established under
6.13this section; (7) failure to correct errors in the maintenance of health service or financial
6.14records for which a fine was imposed or after issuance of a warning by the commissioner;
6.15and (8) any reason for which a vendor could be excluded from participation in the
6.16Medicare program under section 1128, 1128A, or 1866(b)(2) of the Social Security Act.
6.17The determination of services not medically necessary may be made by the commissioner
6.18in consultation with a peer advisory task force appointed by the commissioner on the
6.19recommendation of appropriate professional organizations. The task force expires as
6.20provided in section
15.059, subdivision 5.
6.21 Sec. 10. Minnesota Statutes 2013 Supplement, section 256B.093, subdivision 1,
6.22is amended to read:
6.23 Subdivision 1. State traumatic brain injury program. The commissioner of
6.24human services shall:
6.25 (1) maintain a statewide traumatic brain injury program;
6.26 (2) supervise and coordinate services and policies for persons with traumatic brain
6.27injuries;
6.28 (3) contract with qualified agencies or employ staff to provide statewide
6.29administrative case management and consultation;
6.30 (4) maintain an advisory committee to provide recommendations in reports to the
6.31commissioner regarding program and service needs of persons with brain injuries;
6.32 (5) investigate the need for the development of rules or statutes for the brain injury
6.33home and community-based services waiver;
6.34 (6) investigate present and potential models of service coordination which can be
6.35delivered at the local level; and
7.1 (7) the advisory committee required by clause (4) must consist of no fewer than
7.2ten members and no more than 30 members. The commissioner shall appoint all
7.3advisory committee members to one- or two-year terms and appoint one member as
7.4chair.Notwithstanding section
15.059, subdivision 5, The advisory committee does not
7.5terminate until June 30,2014 2018.
7.6EFFECTIVE DATE.This section is effective the day following final enactment.
7.7 Sec. 11. Minnesota Statutes 2012, section 256B.27, subdivision 3, is amended to read:
7.8 Subd. 3. Access to medical records. The commissioner of human services, with the
7.9written consent of the recipient, on file with the local welfare agency, shall be allowed
7.10access to all personal medical records of medical assistance recipients solely for the
7.11purposes of investigating whether or not: (a) a vendor of medical care has submitted a
7.12claim for reimbursement, a cost report or a rate application which is duplicative, erroneous,
7.13or false in whole or in part, or which results in the vendor obtaining greater compensation
7.14than the vendor is legally entitled to; or (b) the medical care was medically necessary. The
7.15vendor of medical care shall receive notification from the commissioner at least 24 hours
7.16before the commissioner gains access to such records. The determination of provision of
7.17services not medically necessary shall be made by the commissioner.The commissioner
7.18may consult with an advisory task force of vendors the commissioner may appoint, on
7.19the recommendation of appropriate professional organizations. The task force expires as
7.20provided in section
15.059, subdivision 6. Notwithstanding any other law to the contrary,
7.21a vendor of medical care shall not be subject to any civil or criminal liability for providing
7.22access to medical records to the commissioner of human services pursuant to this section.
7.23 Sec. 12. Minnesota Statutes 2013 Supplement, section 260.835, subdivision 2, is
7.24amended to read:
7.25 Subd. 2. Expiration. Notwithstanding section15.059, subdivision 5 , the American
7.26Indian Child Welfare Advisory Council expires June 30,2014 2018.
7.27EFFECTIVE DATE.This section is effective the day following final enactment.
7.28 Sec. 13. CLARIFICATION OF CONTINUED EXISTENCE.
7.29This section clarifies that the groups listed in this section did not expire June 30,
7.302009. Actions taken by the groups listed in this section and public funds spent on behalf
7.31of these groups since June 30, 2009, are valid:
8.1(1) Medical Assistance Drug Formulary Committee, created in Minnesota Statutes,
8.2section 256B.0625, subdivision 13c;
8.3(2) Environmental Health Tracking and Biomonitoring Advisory Panel, created
8.4in Minnesota Statutes, section 144.998;
8.5(3) Water Supply Systems and Wastewater Treatment Facilities Advisory Council,
8.6created in Minnesota Statutes, section 115.741; and
8.7(4) Prescription Electronic Reporting Advisory Committee, created in Minnesota
8.8Statutes, section 152.126, subdivision 3.
8.9EFFECTIVE DATE.This section is effective the day following final enactment
8.10and applies retroactively to June 30, 2009.
8.11 Sec. 14. REVISOR'S INSTRUCTION.
8.12The revisor of statutes shall: (1) remove cross-references to the sections repealed in
8.13section 9 wherever they appear in Minnesota Statutes and Minnesota Rules; and (2) make
8.14changes necessary to correct the punctuation, grammar, or structure of the remaining text
8.15and preserve its meaning.
8.16 Sec. 15. REPEALER.
8.17Minnesota Statutes 2012, sections 62U.09; 144.011, subdivision 2; 145.98,
8.18subdivisions 1 and 3; 252.31; and 402A.15, are repealed.
1.3advisory groups;amending Minnesota Statutes 2012, sections 115.741, by
1.4adding a subdivision; 144G.06; 152.126, subdivision 3; 252.30; 256B.0625,
1.5subdivision 13c; 256B.27, subdivision 3; Minnesota Statutes 2013 Supplement,
1.6sections 144.98, subdivision 10; 254A.035, subdivision 2; 254A.04; 256B.064,
1.7subdivision 1a; 256B.093, subdivision 1; 260.835, subdivision 2; repealing
1.8Minnesota Statutes 2012, sections 62U.09; 144.011, subdivision 2; 145.98,
1.9subdivisions 1, 3; 252.31; 402A.15.
1.10BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.11 Section 1. Minnesota Statutes 2012, section 115.741, is amended by adding a
1.12subdivision to read:
1.13 Subd. 5. Repeal. This section is repealed June 30, 2019.
1.14 Sec. 2. Minnesota Statutes 2013 Supplement, section 144.98, subdivision 10, is
1.15amended to read:
1.16 Subd. 10. Establishing a selection committee. (a) The commissioner shall
1.17establish a selection committee for the purpose of recommending approval of qualified
1.18laboratory assessors and assessment bodies. Committee members shall demonstrate
1.19competence in assessment practices. The committee shall initially consist of seven
1.20members appointed by the commissioner as follows:
1.21(1) one member from a municipal laboratory accredited by the commissioner;
1.22(2) one member from an industrial treatment laboratory accredited by the
1.23commissioner;
1.24(3) one member from a commercial laboratory located in this state and accredited by
1.25the commissioner;
2.1(4) one member from a commercial laboratory located outside the state and
2.2accredited by the commissioner;
2.3(5) one member from a nongovernmental client of environmental laboratories;
2.4(6) one member from a professional organization with a demonstrated interest in
2.5environmental laboratory data and accreditation; and
2.6(7) one employee of the laboratory accreditation program administered by the
2.7department.
2.8(b) Committee appointments begin on January 1 and end on December 31 of the
2.9same year.
2.10(c) The commissioner shall appoint persons to fill vacant committee positions,
2.11expand the total number of appointed positions, or change the designated positions upon
2.12the advice of the committee.
2.13(d) The commissioner shall rescind the appointment of a selection committee
2.14member for sufficient cause as the commissioner determines, such as:
2.15(1) neglect of duty;
2.16(2) failure to notify the commissioner of a real or perceived conflict of interest;
2.17(3) nonconformance with committee procedures;
2.18(4) failure to demonstrate competence in assessment practices; or
2.19(5) official misconduct.
2.20(e) Members of the selection committee shall be compensated according to the
2.21provisions in section
2.22(f) The selection committee expires June 30, 2018.
2.23 Sec. 3. Minnesota Statutes 2012, section 144G.06, is amended to read:
2.24144G.06 UNIFORM CONSUMER INFORMATION GUIDE.
2.25
2.26
2.27
2.28
2.29
2.30
2.31
2.32
2.33
2.34
3.1
3.2
3.3
3.4
3.5and the required components of materials to be used by providers to inform assisted
3.6living clients of their legal rights, and shall make the uniform format and the required
3.7components available to assisted living providers.
3.8 Sec. 4. Minnesota Statutes 2012, section 152.126, subdivision 3, is amended to read:
3.9 Subd. 3. Prescription Electronic Reporting Advisory Committee. (a) The
3.10board shall convene an advisory committee. The committee must include at least one
3.11representative of:
3.12 (1) the Department of Health;
3.13 (2) the Department of Human Services;
3.14 (3) each health-related licensing board that licenses prescribers;
3.15 (4) a professional medical association, which may include an association of pain
3.16management and chemical dependency specialists;
3.17 (5) a professional pharmacy association;
3.18 (6) a professional nursing association;
3.19 (7) a professional dental association;
3.20 (8) a consumer privacy or security advocate; and
3.21 (9) a consumer or patient rights organization.
3.22 (b) The advisory committee shall advise the board on the development and operation
3.23of the electronic reporting system, including, but not limited to:
3.24 (1) technical standards for electronic prescription drug reporting;
3.25 (2) proper analysis and interpretation of prescription monitoring data; and
3.26 (3) an evaluation process for the program.
3.27(c) The advisory committee expires June 30, 2018.
3.28EFFECTIVE DATE.This section is effective the day following final enactment.
3.29 Sec. 5. Minnesota Statutes 2012, section 252.30, is amended to read:
3.30252.30 AUTHORIZATION TO MAKE GRANTS FOR COMMUNITY
3.31RESIDENTIAL FACILITIES.
3.32The commissioner of human services may make grants to nonprofit organizations,
3.33municipalities or local units of government to provide up to 25 percent of the cost of
4.1constructing, purchasing or remodeling small community residential facilities for persons
4.2with developmental disabilities allowing such persons to live in a homelike atmosphere
4.3near their families. Operating capital grants may also be made for up to three months of
4.4reimbursable operating costs after the facility begins processing applications for admission
4.5and prior to reimbursement for services. Repayment of the operating grants shall be made
4.6to the commissioner of human services at the end of the provider's first fiscal year, or at
4.7the conclusion of the interim rate period, whichever occurs first. No aid under this section
4.8shall be granted to a facility providing for more than 16 residents in a living unit and with
4.9more than two living units.
4.10
4.11
4.12shall review the plans and location of any proposed facility to determine whether such
4.13a facility is needed. The commissioner shall promulgate such rules for the making of
4.14grants and for the administration of this section as the commissioner deems proper.
4.15The remaining portion of the cost of constructing, purchasing, remodeling facilities, or
4.16of operating capital shall be borne by nonstate sources including federal grants, local
4.17government funds, funds from charitable sources, gifts and mortgages.
4.18 Sec. 6. Minnesota Statutes 2013 Supplement, section 254A.035, subdivision 2, is
4.19amended to read:
4.20 Subd. 2. Membership terms, compensation, removal and expiration. The
4.21membership of this council shall be composed of 17 persons who are American Indians
4.22and who are appointed by the commissioner. The commissioner shall appoint one
4.23representative from each of the following groups: Red Lake Band of Chippewa Indians;
4.24Fond du Lac Band, Minnesota Chippewa Tribe; Grand Portage Band, Minnesota
4.25Chippewa Tribe; Leech Lake Band, Minnesota Chippewa Tribe; Mille Lacs Band,
4.26Minnesota Chippewa Tribe; Bois Forte Band, Minnesota Chippewa Tribe; White Earth
4.27Band, Minnesota Chippewa Tribe; Lower Sioux Indian Reservation; Prairie Island Sioux
4.28Indian Reservation; Shakopee Mdewakanton Sioux Indian Reservation; Upper Sioux
4.29Indian Reservation; International Falls Northern Range; Duluth Urban Indian Community;
4.30and two representatives from the Minneapolis Urban Indian Community and two from the
4.31St. Paul Urban Indian Community. The terms, compensation, and removal of American
4.32Indian Advisory Council members shall be as provided in section
4.33expires June 30,
4.34EFFECTIVE DATE.This section is effective the day following final enactment.
5.1 Sec. 7. Minnesota Statutes 2013 Supplement, section 254A.04, is amended to read:
5.2254A.04 CITIZENS ADVISORY COUNCIL.
5.3 There is hereby created an Alcohol and Other Drug Abuse Advisory Council to
5.4advise the Department of Human Services concerning the problems of alcohol and
5.5other drug dependency and abuse, composed of ten members. Five members shall be
5.6individuals whose interests or training are in the field of alcohol dependency and abuse;
5.7and five members whose interests or training are in the field of dependency and abuse of
5.8drugs other than alcohol. The terms, compensation and removal of members shall be as
5.9provided in section
5.10of human services shall appoint members whose terms end in even-numbered years. The
5.11commissioner of health shall appoint members whose terms end in odd-numbered years.
5.12EFFECTIVE DATE.This section is effective the day following final enactment.
5.13 Sec. 8. Minnesota Statutes 2012, section 256B.0625, subdivision 13c, is amended to
5.14read:
5.15 Subd. 13c. Formulary committee. The commissioner, after receiving
5.16recommendations from professional medical associations and professional pharmacy
5.17associations, and consumer groups shall designate a Formulary Committee to carry
5.18out duties as described in subdivisions 13 to 13g. The Formulary Committee shall be
5.19comprised of four licensed physicians actively engaged in the practice of medicine in
5.20Minnesota one of whom must be actively engaged in the treatment of persons with mental
5.21illness; at least three licensed pharmacists actively engaged in the practice of pharmacy
5.22in Minnesota; and one consumer representative; the remainder to be made up of health
5.23care professionals who are licensed in their field and have recognized knowledge in the
5.24clinically appropriate prescribing, dispensing, and monitoring of covered outpatient drugs.
5.25Members of the Formulary Committee shall not be employed by the Department of Human
5.26Services, but the committee shall be staffed by an employee of the department who shall
5.27serve as an ex officio, nonvoting member of the committee. The department's medical
5.28director shall also serve as an ex officio, nonvoting member for the committee. Committee
5.29members shall serve three-year terms and may be reappointed by the commissioner.
5.30The Formulary Committee shall meet at least twice per year. The commissioner may
5.31require more frequent Formulary Committee meetings as needed. An honorarium of $100
5.32per meeting and reimbursement for mileage shall be paid to each committee member in
5.33attendance. The Formulary Committee expires June 30, 2018.
5.34EFFECTIVE DATE.This section is effective the day following final enactment.
6.1 Sec. 9. Minnesota Statutes 2013 Supplement, section 256B.064, subdivision 1a,
6.2is amended to read:
6.3 Subd. 1a. Grounds for sanctions against vendors. The commissioner may
6.4impose sanctions against a vendor of medical care for any of the following: (1) fraud,
6.5theft, or abuse in connection with the provision of medical care to recipients of public
6.6assistance; (2) a pattern of presentment of false or duplicate claims or claims for services
6.7not medically necessary; (3) a pattern of making false statements of material facts for
6.8the purpose of obtaining greater compensation than that to which the vendor is legally
6.9entitled; (4) suspension or termination as a Medicare vendor; (5) refusal to grant the
6.10state agency access during regular business hours to examine all records necessary to
6.11disclose the extent of services provided to program recipients and appropriateness of
6.12claims for payment; (6) failure to repay an overpayment or a fine finally established under
6.13this section; (7) failure to correct errors in the maintenance of health service or financial
6.14records for which a fine was imposed or after issuance of a warning by the commissioner;
6.15and (8) any reason for which a vendor could be excluded from participation in the
6.16Medicare program under section 1128, 1128A, or 1866(b)(2) of the Social Security Act.
6.17
6.18
6.19
6.20
6.21 Sec. 10. Minnesota Statutes 2013 Supplement, section 256B.093, subdivision 1,
6.22is amended to read:
6.23 Subdivision 1. State traumatic brain injury program. The commissioner of
6.24human services shall:
6.25 (1) maintain a statewide traumatic brain injury program;
6.26 (2) supervise and coordinate services and policies for persons with traumatic brain
6.27injuries;
6.28 (3) contract with qualified agencies or employ staff to provide statewide
6.29administrative case management and consultation;
6.30 (4) maintain an advisory committee to provide recommendations in reports to the
6.31commissioner regarding program and service needs of persons with brain injuries;
6.32 (5) investigate the need for the development of rules or statutes for the brain injury
6.33home and community-based services waiver;
6.34 (6) investigate present and potential models of service coordination which can be
6.35delivered at the local level; and
7.1 (7) the advisory committee required by clause (4) must consist of no fewer than
7.2ten members and no more than 30 members. The commissioner shall appoint all
7.3advisory committee members to one- or two-year terms and appoint one member as
7.4chair.
7.5terminate until June 30,
7.6EFFECTIVE DATE.This section is effective the day following final enactment.
7.7 Sec. 11. Minnesota Statutes 2012, section 256B.27, subdivision 3, is amended to read:
7.8 Subd. 3. Access to medical records. The commissioner of human services, with the
7.9written consent of the recipient, on file with the local welfare agency, shall be allowed
7.10access to all personal medical records of medical assistance recipients solely for the
7.11purposes of investigating whether or not: (a) a vendor of medical care has submitted a
7.12claim for reimbursement, a cost report or a rate application which is duplicative, erroneous,
7.13or false in whole or in part, or which results in the vendor obtaining greater compensation
7.14than the vendor is legally entitled to; or (b) the medical care was medically necessary. The
7.15vendor of medical care shall receive notification from the commissioner at least 24 hours
7.16before the commissioner gains access to such records. The determination of provision of
7.17services not medically necessary shall be made by the commissioner.
7.18
7.19
7.20
7.21a vendor of medical care shall not be subject to any civil or criminal liability for providing
7.22access to medical records to the commissioner of human services pursuant to this section.
7.23 Sec. 12. Minnesota Statutes 2013 Supplement, section 260.835, subdivision 2, is
7.24amended to read:
7.25 Subd. 2. Expiration. Notwithstanding section
7.26Indian Child Welfare Advisory Council expires June 30,
7.27EFFECTIVE DATE.This section is effective the day following final enactment.
7.28 Sec. 13. CLARIFICATION OF CONTINUED EXISTENCE.
7.29This section clarifies that the groups listed in this section did not expire June 30,
7.302009. Actions taken by the groups listed in this section and public funds spent on behalf
7.31of these groups since June 30, 2009, are valid:
8.1(1) Medical Assistance Drug Formulary Committee, created in Minnesota Statutes,
8.2section 256B.0625, subdivision 13c;
8.3(2) Environmental Health Tracking and Biomonitoring Advisory Panel, created
8.4in Minnesota Statutes, section 144.998;
8.5(3) Water Supply Systems and Wastewater Treatment Facilities Advisory Council,
8.6created in Minnesota Statutes, section 115.741; and
8.7(4) Prescription Electronic Reporting Advisory Committee, created in Minnesota
8.8Statutes, section 152.126, subdivision 3.
8.9EFFECTIVE DATE.This section is effective the day following final enactment
8.10and applies retroactively to June 30, 2009.
8.11 Sec. 14. REVISOR'S INSTRUCTION.
8.12The revisor of statutes shall: (1) remove cross-references to the sections repealed in
8.13section 9 wherever they appear in Minnesota Statutes and Minnesota Rules; and (2) make
8.14changes necessary to correct the punctuation, grammar, or structure of the remaining text
8.15and preserve its meaning.
8.16 Sec. 15. REPEALER.
8.17Minnesota Statutes 2012, sections 62U.09; 144.011, subdivision 2; 145.98,
8.18subdivisions 1 and 3; 252.31; and 402A.15, are repealed.
