Bill Text: MN HF1867 | 2013-2014 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
1.2relating to state government; modifying laws governing certain executive branch
1.3advisory groups;amending Minnesota Statutes 2012, sections 115.741, by adding
1.4a subdivision; 144G.06; 252.30; 256B.27, subdivision 3; Minnesota Statutes
1.52013 Supplement, sections 144.98, subdivision 10; 256B.064, subdivision 1a;
1.6repealing Minnesota Statutes 2012, sections 62U.09; 144.011, subdivision 2;
1.7145.98, subdivisions 1, 3; 252.31; 402A.15.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2012, section 115.741, is amended by adding a
1.10subdivision to read:
1.11 Subd. 5. Repeal. This section is repealed June 30, 2019.
1.12 Sec. 2. Minnesota Statutes 2013 Supplement, section 144.98, subdivision 10, is
1.13amended to read:
1.14 Subd. 10. Establishing a selection committee. (a) The commissioner shall
1.15establish a selection committee for the purpose of recommending approval of qualified
1.16laboratory assessors and assessment bodies. Committee members shall demonstrate
1.17competence in assessment practices. The committee shall initially consist of seven
1.18members appointed by the commissioner as follows:
1.19(1) one member from a municipal laboratory accredited by the commissioner;
1.20(2) one member from an industrial treatment laboratory accredited by the
1.21commissioner;
1.22(3) one member from a commercial laboratory located in this state and accredited by
1.23the 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 252.30, is amended to read:
3.9252.30 AUTHORIZATION TO MAKE GRANTS FOR COMMUNITY
3.10RESIDENTIAL FACILITIES.
3.11The commissioner of human services may make grants to nonprofit organizations,
3.12municipalities or local units of government to provide up to 25 percent of the cost of
3.13constructing, purchasing or remodeling small community residential facilities for persons
3.14with developmental disabilities allowing such persons to live in a homelike atmosphere
3.15near their families. Operating capital grants may also be made for up to three months of
3.16reimbursable operating costs after the facility begins processing applications for admission
3.17and prior to reimbursement for services. Repayment of the operating grants shall be made
3.18to the commissioner of human services at the end of the provider's first fiscal year, or at
3.19the conclusion of the interim rate period, whichever occurs first. No aid under this section
3.20shall be granted to a facility providing for more than 16 residents in a living unit and with
3.21more than two living units.The advisory council established by section
252.31 shall
3.22recommend to the commissioner appropriate disbursement of the funds appropriated by
3.23Laws 1973, chapter 673, section 3. Prior to any disbursement of funds the commissioner
3.24shall review the plans and location of any proposed facility to determine whether such
3.25a facility is needed. The commissioner shall promulgate such rules for the making of
3.26grants and for the administration of this section as the commissioner deems proper.
3.27The remaining portion of the cost of constructing, purchasing, remodeling facilities, or
3.28of operating capital shall be borne by nonstate sources including federal grants, local
3.29government funds, funds from charitable sources, gifts and mortgages.
3.30 Sec. 5. Minnesota Statutes 2013 Supplement, section 256B.064, subdivision 1a,
3.31is amended to read:
3.32 Subd. 1a. Grounds for sanctions against vendors. The commissioner may
3.33impose sanctions against a vendor of medical care for any of the following: (1) fraud,
3.34theft, or abuse in connection with the provision of medical care to recipients of public
4.1assistance; (2) a pattern of presentment of false or duplicate claims or claims for services
4.2not medically necessary; (3) a pattern of making false statements of material facts for
4.3the purpose of obtaining greater compensation than that to which the vendor is legally
4.4entitled; (4) suspension or termination as a Medicare vendor; (5) refusal to grant the
4.5state agency access during regular business hours to examine all records necessary to
4.6disclose the extent of services provided to program recipients and appropriateness of
4.7claims for payment; (6) failure to repay an overpayment or a fine finally established under
4.8this section; (7) failure to correct errors in the maintenance of health service or financial
4.9records for which a fine was imposed or after issuance of a warning by the commissioner;
4.10and (8) any reason for which a vendor could be excluded from participation in the
4.11Medicare program under section 1128, 1128A, or 1866(b)(2) of the Social Security Act.
4.12The determination of services not medically necessary may be made by the commissioner
4.13in consultation with a peer advisory task force appointed by the commissioner on the
4.14recommendation of appropriate professional organizations. The task force expires as
4.15provided in section
15.059, subdivision 5.
4.16 Sec. 6. Minnesota Statutes 2012, section 256B.27, subdivision 3, is amended to read:
4.17 Subd. 3. Access to medical records. The commissioner of human services, with the
4.18written consent of the recipient, on file with the local welfare agency, shall be allowed
4.19access to all personal medical records of medical assistance recipients solely for the
4.20purposes of investigating whether or not: (a) a vendor of medical care has submitted a
4.21claim for reimbursement, a cost report or a rate application which is duplicative, erroneous,
4.22or false in whole or in part, or which results in the vendor obtaining greater compensation
4.23than the vendor is legally entitled to; or (b) the medical care was medically necessary. The
4.24vendor of medical care shall receive notification from the commissioner at least 24 hours
4.25before the commissioner gains access to such records. The determination of provision of
4.26services not medically necessary shall be made by the commissioner.The commissioner
4.27may consult with an advisory task force of vendors the commissioner may appoint, on
4.28the recommendation of appropriate professional organizations. The task force expires as
4.29provided in section
15.059, subdivision 6. Notwithstanding any other law to the contrary,
4.30a vendor of medical care shall not be subject to any civil or criminal liability for providing
4.31access to medical records to the commissioner of human services pursuant to this section.
4.32 Sec. 7. CLARIFICATION OF CONTINUED EXISTENCE.
5.1This section clarifies that the groups listed in this section did not expire June 30,
5.22009. Actions taken by the groups listed in this section and public funds spent on behalf
5.3of these groups since June 30, 2009, are valid:
5.4(1) Medical Assistance Drug Formulary Committee, created in Minnesota Statutes,
5.5section 256B.0625, subdivision 13c;
5.6(2) Environmental Health Tracking and Biomonitoring Advisory Panel, created
5.7in Minnesota Statutes, section 144.998;
5.8(3) Water Supply Systems and Wastewater Treatment Facilities Advisory Council,
5.9created in Minnesota Statutes, section 115.741; and
5.10(4) Prescription Electronic Reporting Advisory Committee, created in Minnesota
5.11Statutes, section 152.126, subdivision 3.
5.12EFFECTIVE DATE.This section is effective the day following final enactment
5.13and applies retroactively to June 30, 2009.
5.14 Sec. 8. REVISOR'S INSTRUCTION.
5.15The revisor of statutes shall: (1) remove cross-references to the sections repealed in
5.16section 9 wherever they appear in Minnesota Statutes and Minnesota Rules; and (2) make
5.17changes necessary to correct the punctuation, grammar, or structure of the remaining text
5.18and preserve its meaning.
5.19 Sec. 9. REPEALER.
5.20Minnesota Statutes 2012, sections 62U.09; 144.011, subdivision 2; 145.98,
5.21subdivisions 1 and 3; 252.31; and 402A.15, are repealed.
1.3advisory groups;amending Minnesota Statutes 2012, sections 115.741, by adding
1.4a subdivision; 144G.06; 252.30; 256B.27, subdivision 3; Minnesota Statutes
1.52013 Supplement, sections 144.98, subdivision 10; 256B.064, subdivision 1a;
1.6repealing Minnesota Statutes 2012, sections 62U.09; 144.011, subdivision 2;
1.7145.98, subdivisions 1, 3; 252.31; 402A.15.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2012, section 115.741, is amended by adding a
1.10subdivision to read:
1.11 Subd. 5. Repeal. This section is repealed June 30, 2019.
1.12 Sec. 2. Minnesota Statutes 2013 Supplement, section 144.98, subdivision 10, is
1.13amended to read:
1.14 Subd. 10. Establishing a selection committee. (a) The commissioner shall
1.15establish a selection committee for the purpose of recommending approval of qualified
1.16laboratory assessors and assessment bodies. Committee members shall demonstrate
1.17competence in assessment practices. The committee shall initially consist of seven
1.18members appointed by the commissioner as follows:
1.19(1) one member from a municipal laboratory accredited by the commissioner;
1.20(2) one member from an industrial treatment laboratory accredited by the
1.21commissioner;
1.22(3) one member from a commercial laboratory located in this state and accredited by
1.23the 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 252.30, is amended to read:
3.9252.30 AUTHORIZATION TO MAKE GRANTS FOR COMMUNITY
3.10RESIDENTIAL FACILITIES.
3.11The commissioner of human services may make grants to nonprofit organizations,
3.12municipalities or local units of government to provide up to 25 percent of the cost of
3.13constructing, purchasing or remodeling small community residential facilities for persons
3.14with developmental disabilities allowing such persons to live in a homelike atmosphere
3.15near their families. Operating capital grants may also be made for up to three months of
3.16reimbursable operating costs after the facility begins processing applications for admission
3.17and prior to reimbursement for services. Repayment of the operating grants shall be made
3.18to the commissioner of human services at the end of the provider's first fiscal year, or at
3.19the conclusion of the interim rate period, whichever occurs first. No aid under this section
3.20shall be granted to a facility providing for more than 16 residents in a living unit and with
3.21more than two living units.
3.22
3.23
3.24shall review the plans and location of any proposed facility to determine whether such
3.25a facility is needed. The commissioner shall promulgate such rules for the making of
3.26grants and for the administration of this section as the commissioner deems proper.
3.27The remaining portion of the cost of constructing, purchasing, remodeling facilities, or
3.28of operating capital shall be borne by nonstate sources including federal grants, local
3.29government funds, funds from charitable sources, gifts and mortgages.
3.30 Sec. 5. Minnesota Statutes 2013 Supplement, section 256B.064, subdivision 1a,
3.31is amended to read:
3.32 Subd. 1a. Grounds for sanctions against vendors. The commissioner may
3.33impose sanctions against a vendor of medical care for any of the following: (1) fraud,
3.34theft, or abuse in connection with the provision of medical care to recipients of public
4.1assistance; (2) a pattern of presentment of false or duplicate claims or claims for services
4.2not medically necessary; (3) a pattern of making false statements of material facts for
4.3the purpose of obtaining greater compensation than that to which the vendor is legally
4.4entitled; (4) suspension or termination as a Medicare vendor; (5) refusal to grant the
4.5state agency access during regular business hours to examine all records necessary to
4.6disclose the extent of services provided to program recipients and appropriateness of
4.7claims for payment; (6) failure to repay an overpayment or a fine finally established under
4.8this section; (7) failure to correct errors in the maintenance of health service or financial
4.9records for which a fine was imposed or after issuance of a warning by the commissioner;
4.10and (8) any reason for which a vendor could be excluded from participation in the
4.11Medicare program under section 1128, 1128A, or 1866(b)(2) of the Social Security Act.
4.12
4.13
4.14
4.15
4.16 Sec. 6. Minnesota Statutes 2012, section 256B.27, subdivision 3, is amended to read:
4.17 Subd. 3. Access to medical records. The commissioner of human services, with the
4.18written consent of the recipient, on file with the local welfare agency, shall be allowed
4.19access to all personal medical records of medical assistance recipients solely for the
4.20purposes of investigating whether or not: (a) a vendor of medical care has submitted a
4.21claim for reimbursement, a cost report or a rate application which is duplicative, erroneous,
4.22or false in whole or in part, or which results in the vendor obtaining greater compensation
4.23than the vendor is legally entitled to; or (b) the medical care was medically necessary. The
4.24vendor of medical care shall receive notification from the commissioner at least 24 hours
4.25before the commissioner gains access to such records. The determination of provision of
4.26services not medically necessary shall be made by the commissioner.
4.27
4.28
4.29
4.30a vendor of medical care shall not be subject to any civil or criminal liability for providing
4.31access to medical records to the commissioner of human services pursuant to this section.
4.32 Sec. 7. CLARIFICATION OF CONTINUED EXISTENCE.
5.1This section clarifies that the groups listed in this section did not expire June 30,
5.22009. Actions taken by the groups listed in this section and public funds spent on behalf
5.3of these groups since June 30, 2009, are valid:
5.4(1) Medical Assistance Drug Formulary Committee, created in Minnesota Statutes,
5.5section 256B.0625, subdivision 13c;
5.6(2) Environmental Health Tracking and Biomonitoring Advisory Panel, created
5.7in Minnesota Statutes, section 144.998;
5.8(3) Water Supply Systems and Wastewater Treatment Facilities Advisory Council,
5.9created in Minnesota Statutes, section 115.741; and
5.10(4) Prescription Electronic Reporting Advisory Committee, created in Minnesota
5.11Statutes, section 152.126, subdivision 3.
5.12EFFECTIVE DATE.This section is effective the day following final enactment
5.13and applies retroactively to June 30, 2009.
5.14 Sec. 8. REVISOR'S INSTRUCTION.
5.15The revisor of statutes shall: (1) remove cross-references to the sections repealed in
5.16section 9 wherever they appear in Minnesota Statutes and Minnesota Rules; and (2) make
5.17changes necessary to correct the punctuation, grammar, or structure of the remaining text
5.18and preserve its meaning.
5.19 Sec. 9. REPEALER.
5.20Minnesota Statutes 2012, sections 62U.09; 144.011, subdivision 2; 145.98,
5.21subdivisions 1 and 3; 252.31; and 402A.15, are repealed.
