Health and Human Services Bill List H.F. 2414, Delete ......Health and Human Services Bill List – H.F. 2414, Delete Everything Amendment (A19-0349) 3 Section H.F./Source Description

1

Health and Human Services Bill List –

H.F. 2414, Delete Everything Amendment (A19-0349)

April 2, 2019

Article 1: Children and Families Services

Section H.F./Source Description

1-3, 5-6, 8-20

2575 Pinto Child care assistance program (CCAP) modifications, including federal compliance and maximum provider reimbursement rate increase (includes significant overlap with the governor’s proposal)

4, 7 2651 Pryor Modifying CCAP by requiring certain technical assistance to providers and requiring counties to provide applicants and recipients with information about fraud

21 2264 Wazlawik Retaining early educators through attaining incentives now (REETAIN) grants

22 563 (as amended) Moran

Heaven’s Law – child protection interstate information sharing

23 2184 Governor Tribal delivery of child welfare services – commissioner authority to authorize alternative screening methods

24 2184 Governor Increasing the MFIP cash portion of the transitional standard

25-26 2217 Pinto Child protection grant allocation to counties modified to remove 20 percent withhold

27-35, 37 2184 Governor Modifying out-of-home placement provisions to allow for placement of a child in foster care co-located with a parent in a residential family-based substance use disorder treatment program

36 2184 Governor Requiring official documentation that a youth was formerly in foster care, for transition plan purposes.

38 2184 Governor Removing exception for parents incarcerated due to nonpayment of child support

39-41 563 (as amended) Moran

Heaven’s Law – child protection interstate information sharing

42 2184 Governor Children’s residential treatment facility background study implementation

43-44 2184 Governor 499 Kresha

Child welfare training academy; child welfare caseload study

45 1801 Pinto 2420 Davnie

First Children’s Finance child care site assistance grants

46 2184 Governor 2575 Pinto

Repealer

Health and Human Services Bill List – H.F. 2414, Delete Everything Amendment (A19-0349) 2

Article 2: Operations


1 1801/2319 Pinto Disclosure of certain welfare investigative data

2 1801/2319 Pinto 2184 Governor

Civil penalties under the False Claims Act

3-7 1801/2319 Pinto Child care assistance program (CCAP) program integrity

8, 75, 76 1543 Dehn Background study set-asides for individuals in the substance use disorder treatment field

9 1801/2319 Pinto Limits on public funds

10-16, 18-25, 27-34

1801 Pinto Department of Human Services (DHS) licensing provisions, including new requirements for change of ownership and modifications to license sanctions

17 2184 Governor Supervision of school-aged children in licensed child care centers modified

26 2184 Governor Variances for licensed family foster care capacity

29, 31 1050 Moran Family child foster care licensing denial and sanctions for certain background study information

35 2184 Governor Licensing fees modified for home and community-based services and supports

36 2184 Governor Special family day care homes clarifications and variances

37 2184 Governor Consolidating child care center staff training requirements

38 2184 Governor Licensed child care center transportation requirement to have valid driver’s license

39 1801 Pinto 2184 Governor

Reusable water bottles in child care centers

40 1801 Pinto DHS development of child care maltreatment reporting policies and procedures.

41 1801 Pinto Child care license licensing agency phone number displayed

42 1801 Pinto Supervision of family child care license holder’s own child by individual not licensed

43 2184 Governor Adding certified license-exempt child care center to fire marshal inspection requirement

44 2184 Governor Variances for substitute care in family child care; reporting of fires

45 1050 Moran Review of information relating to non-disqualifying background study information prior to family child foster care licensing action.

46 2184 Governor Removes exception to child passenger restraint training requirements

47-48 2184 Governor 1801 Pinto

Child care center training requirements clarified and consolidated; emergency preparedness plan requirements modified.

49 2184 Governor Family child care training requirements clarified and consolidated

50 1801 Pinto Emergency preparedness plan requirements modified for family child care and certified license-exempt child care centers.



51-53 2184 Governor Family child care safety licensing requirements

54 1801 Pinto Substitute caregiver and emergency replacement care in family child care

55-56 2184 Governor Child care center risk reduction plan provisions

57, 58, 62, 67, 68, 71, 73, 77-80

2184 Governor Child care background study requirements modified

59 2184 Governor Children’s residential facility background study requirements modified

60 1050 Moran Defines “licensed family foster care” for background study purposes

61 1543 Dehn Defines “substance use disorder treatment field” for background study variance purposes

63-66, 69, 74, 77

1050 Moran

Modifies FBI fingerprint retention language and other background study requirements for licensed family child foster care

66, 68, 70 2184 Governor

Adding children’s residential facilities to background study requirements

72 2184 Governor Modifies background study notice requirements when information from another state is delayed

81-83 1801/2319 Pinto CCAP fraud investigation program integrity

84-101 2184 Governor Modifies provisions related to certification of license-exempt child care centers

102 1801 Pinto Certified license-exempt child care center written emergency plan requirements modified

103 1801 Pinto DHS hearing authority

104-119 1801/2319 Pinto Medical Assistance program integrity, including establishing billing and documentation requirements for home and community-based services

120 1801/2319 Pinto Establishing criminal penalties for certain acts involving human services programs

121 2184 Governor Repealer – child care fire safety requirements and telephone requirements moved to statute; certified license-exempt child care center direct contact

Article 3: Direct Care and Treatment


1 1867 Zerwas (DE2) Administrative review of county liability for cost of care for days in state-operated direct care and treatment facilities after discharge is appropriate

2 2184 Governor County shares for MSOP cost of care; 25 percent cost of care for MSOP provisional discharge

3 1867 Zerwas (DE2) Report on clinically inappropriate stays in state-operated direct care and treatment facilities required



4 2184 Governor Repealer – state-operated services account; state-operated services appropriations

Article 4: Continuing Care


1-12, 14-18, and 20-34

2548 Schultz Nursing facility payment rate changes (there is significant overlap between these sections and the governor’s proposal)

13 2184 Governor Adult protection grants

19 2244 Klevorn Developing pilot projects for energy-related programs in nursing facilities

Article 5: Disability Services


1-10 and 56

2184 Governor Modernization of telecommunications access Minnesota program

11-12 and 33

2184 Governor Background study requirement for early intensive developmental and behavioral intervention providers

13-15 2184 Governor Modifies home and community-based services standards

16 748 Mann TEFRA parental contribution reduction (amended version)

17 2184 Governor SILS county contribution reduction

18-27 2184 Governor Adult day services modifications

28 1388 Hornstein Prescription coverage for people living with HIV (also a governor’s proposal)

29 1264 Cantrell Housing access grant modification to population served

30 New PCA providers required to use MA rate increase resulting from collective bargaining agreement for wages and benefits

31 1225 Schultz Direct care workforce report

32 2184 Governor Modifies elderly waiver cost limits

34-47, 61, 63, and 64, part of para. (c)

168 Schultz DWRS modifications

48 2184 Governor Expanding CFSS eligibility to include certain pregnant women

49-50 New CFSS providers required to use MA rate increase resulting from collective bargaining agreement for wages and benefits

51 and 62 1285 Moller CDCS modified to allow shared services

52 2184 Governor Modifying electronic visit verification

53 2122 Nelson Ratifying the direct support services collective bargaining agreement

54 2094 Liebling Direct support services provider reimbursement rates increased

55 2184 Governor Skilled nurse visit rates

57 and 58 2184 Governor Requiring disability waiver reconfiguration proposal and report

59 New Requiring a direct care workforce rate methodology study

60 930 Kunesh-Podein TEFRA option improvement measures



64 2184 Governor Repealer


Article 6: Chemical and Mental Health


1 792 Vang Culturally competent mental health provider grants

2-3 2184 Governor School-linked mental health grants improvement

4 2184 Governor Community behavioral health clinics updates

5 2184 Governor Modifying withdrawal management admission criteria

6 2184 Governor Consolidated chemical dependency fund (CCDTF) administrative funds transfer removed

7-10, 17 2184 Governor Modifying provisions governing provider eligibility and CCDTF payment for SUD treatment room and board costs

11 2184 Governor Eliminating CCDTF operating costs deposit

12 2184 Governor Eliminating county share for persons receiving SUD treatment while on MA

13 2184 Governor Transition to community initiative, to assist individuals transitioning from a state-operated treatment center or hospital

14, 19 2184 Governor Establishing MA coverage for certified community behavioral health clinic (CCBHC) services; establishing payment system

15 1875 Wazlawik Center for Victims of Torture mental health case management integrated care model pilot project.

16 2184 Governor Removing chemical dependency services exclusion from MA

18 2184 Governor 1888-1 Morrison (as amended)

Expanding psychiatric residential treatment facility capacity

20-30 1281-1 Morrison Behavioral health home and medical respite health home services

31 2184 Governor MA substance use disorder treatment reforms demonstration project

32 2184 Governor Transition to community initiative; elderly waiver monthly budget increase

33, 35 2184 Governor Transition to community initiative; developmental disability and brain injury waiver language modified

34 1888-1 Morrison (as amended)

Per provider per diem rate for psychiatric residential treatment services

36-38 2184 Governor Transition to community initiative; housing support payments

39-40 2184 Governor Extends state-only MA funding for mental health services provided in children’s residential facilities that are IMDs, indefinitely

41 2184 Governor 2069 Bahner

Community competency restoration task force

42 2184 Governor School-linked mental health program evaluation and report

43 2184 Governor CCBHC rate methodology development

44 2231 Cantrell Requiring commissioner to develop a continuum of care rate methodology



45 1281-1 Morrison Requiring commissioner to develop standards for medical respite health homes

46 2184 Governor Repealer - division of costs for chemical dependency services

Article 7: Mental Health Uniform Services Standards


1-135 2184 Governor Simplifying and streamlining standards for publicly funded mental health services; creating chapter 245I; modifying mobile crisis response services provisions

Article 8: Health Care


1 2184 Governor Department of Public Safety data sharing with DHS for benefit recovery

2 2184 Governor Conforming change related to continuation of MinnesotaCare provider tax

3-4 815 Acomb Requires MA and MinnesotaCare to provide a step therapy override process

5-6 2184 Governor Updates cross-references and makes technical edit

7 2184 Governor Increases application assistance bonus for navigators and agents who assist with enrollment in MA or MinnesotaCare

8-12 2184 Governor with new DHS amendments

Payment adjustment for hospitals administering high cost drugs; other hospital payment provisions

13 1535 Morrison Allows competitive bidding for allergen reducing products

14-15 2184 Governor Establishes requirements for provider enrollment, screening, and revalidation

16 2184 Governor MA coverage for children receiving state foster care or kinship assistance payments

17 2184 Governor Asset disregards for MA-EPD individuals who turn 65

18 840 Lien MA coverage of services to treat periodontal disease

19, 21-22, 31

2184 Governor MA outpatient drug rule and federal compliance

20 926 Bernardy Includes drugs for weight loss in MA formulary

23 - 25 2184 Governor Nonemergency medical transportation program integrity

26, 35, 38 725 Fischer Establishes an alternative payment method for FQHCs and rural health clinics. Requires a study of FQHC and rural health clinic costs

27, 29 1535 Morrison Provide MA coverage of enhanced asthma care services

28 2184 Governor Indian health services exemption from MA cost-sharing limit for Medicare cross-over claims

30, 36, 37, 2459 Loeffler Conforming changes to the repeal of the sunset of the MinnesotaCare provider tax. Codifies MA/MinnesotaCare payment language related to the provider tax that is currently a rider



32 2184 Governor Personal care provider agency requirements

33 259 Mann Increases MA payments for doula services

34 New Payment for DME and other items and Medicare upper payment limit – provides an up-front payment reduction that replaces delayed takeback

39 2184 Governor 2459 Loeffler

Repeals the sunset of the MinnesotaCare provider tax; also other repealers

Article 9: One Care


1 3 Liebling Excludes state programs from the definition of group purchaser for purposes of electronic prescribing

2, 22-24, 26

2380 Schultz Establish a state premium tax credit that would take effect beginning in plan year 2021, and require MNsure to determine eligibility for the tax credit

3-6 2359 Schultz Requires MNsure to establish and administer a premium subsidy program effective plan year 2020

7 3 Liebling Requires DHS to contract with a dental administrator for MA and MinnesotaCare, beginning 1/1/22

8 3 Liebling Requires pharmacies participating in MA to also participate in MinnesotaCare

9 3 Liebling Requires DHS to exclude drug coverage from PMAP contracts beginning 1/1/22

10 3 Liebling Allows HMO contracts to be extended for a sixth year, with re-procurement in the metro area for CY 2022

11-12, 16, 32

3 Liebling Increases dental rates by 54 percent, and eliminates critical access dental and other add-on payments, effective 1/1/22

13, 17 3 Liebling Requires DHS to administer an outpatient drug program for MinnesotaCare, effective 1/1/22

14-15 273 Schultz Provides MinnesotaCare eligibility for persons affected by ACA family glitch

18-21, 27 3 Liebling Establish the OneCare Buy-In – platinum product statewide beginning 1/1/23, silver and gold products in areas with market failure beginning 1/1/24, DHS to administer a prescription drug program for OneCare effective 1/1/23

25 2380 Schultz Clarifies nexus requirements for purposes of the MinnesotaCare provider tax

28 3 Liebling Commerce department study of state-based risk adjustment

29 3 Liebling DHS to study cost of delivering dental services

30 New DHS to develop a plan for an outpatient pharmacy benefit for enrollees of health plan companies

31 New MDH to contract with the University of Minnesota School of Public Health to evaluate a unified health care financing system, relative to the current health care financing environment


Article 10: Prescription Drugs


1, 22-23, 30

4 Lesch Prohibits manufacturers and wholesalers from charging an unconscionable price for an essential prescription drug. Allows the attorney general and other individuals to bring actions for alleged violations. Classifies violations as grounds for disciplinary action by the Board of Pharmacy. Requires reporting of certain price increases.

2, 20, 26-27

687 Bahner Allows emergency refills if specified conditions are met. Requires health plans to cover emergency refills as they would regular refills and makes other related changes.

3, 38 728 Mann (§ 3 also in 2099 Brand)

Establishes refill times for specialty mail order drugs that apply to health plan companies and PBMs. Also requires DHS managed care and county-based purchasing plans to comply with the timelines.

4 1257 Cantrell Transparency related to drug formulary changes

5-17, 39 728 Mann Requires PBMs to be licensed by the Board of Pharmacy. Establishes requirements for PBMs related to fiduciary and other duties, network adequacy, transparency, and ownership interests.

14 687 Bahner 728 Mann

Requires contracts between PBMs and pharmacies to allow for synchronization of drug refills

18-19, 21 485 Howard Requires health boards to encourage licensees to provide information on obtaining drugs at a lower cost. Requires the board of pharmacy to provide resources related to obtaining lower priced drugs on its website.

24-25 728 Mann Clarifies an exemption related to generic substitution and allows pharmacists to dispense therapeutically equivalent and interchangeable drugs, if a prescribed drug is not covered under a plan.

28-29, 36-37, 40

485 Howard Requires insulin manufacturers to pay an insulin registration fee. Requires DHS to implement an insulin assistance program by 7/1/20. Creates an insulin assistance account in the special revenue fund. Provides an act citation.

31 182 Lippert Requires the board of pharmacy to establish a drug repository program by January 1, 2020.

32-35 1246 Morrison Requires manufacturers to report drug pricing information for certain drugs. Requires MDH to post this information and to report annually to the legislature on drug pricing.

41 728 Mann 182 Lippert

(a) Repealer sections for H.F. 728. (b) Repeals cancer drug repository program.


Article 11: Health-Related Licensing Boards


1 2184 Governor Moves the Board of Nursing Home Administrators fees from rules to statute, adds fees, and increases fee amounts

2 2184 Governor Codifies current traditional midwife licensing fees

3 2184 Governor Codifies current naturopathic doctor licensing fees

4 2184 Governor Codifies current genetic counselor licensing fees

5 2184 Governor Increases Board of Optometry annual licensure renewal fee; adds fees for state juris prudence examination and miscellaneous labels and data retrieval

6-13 2184 Governor Increase licensure fees for occupational therapists and occupational therapy assistants

14 2184 Governor Codifies current athletic trainer licensing fees

15 2184 Governor Moves psychology licensure fees from rule to statute. Adds fee for optional post-doctoral supervised experience pre-approval.

16 2184 Governor Increases social work licensing fees; clarifying language

17-20 2184 Governor 785 Zerwas

Emeritus dental licensure

21-46 1718-1 Baker 2184 Governor

Pharmacy Practice Act modifications (fee increases from H.F. 2184)

47 New Prescription monitoring program audits to monitor for compliance with permissible use and data access requirements.

48 1718-1 Baker 2184 Governor

Repealer - Board of Nursing Home Administrators and Board of Psychology fees in rules; wholesale drug distribution licensing and cancer drug repository program

Article 12: Health Department Section H.F./Source Description

1, 8 1058 with A1 amendment, Halverson

Litigation proceeds deposited in tobacco use prevention account and appropriated to Health Department for tobacco use prevention activities

2, 3, 51, 52, 58, 65 (portions), 66, 68, 69, 74

766-1 Edelson Authorizing the sale of industrial hemp to medical cannabis manufacturers, establishing requirements for hemp in the medical cannabis statutes

4, 5 733 Tabke Health Department regulation of security screening systems

6 1846 Sandell Increasing annual drinking water service connection fee



7 350 Mann Statewide tobacco cessation services

9, 10, 75, 77-86

331-2 Edelson Increasing tobacco sales age to 21 and modifying penalties for persons selling tobacco to persons under age 21 and for persons under age 21 who purchase tobacco

11 927 Liebling Increasing the total number of allowed swing bed days at critical access hospitals

12 910-2 Edelson Newborn hearing screening advisory committee

13 766-1 Edelson Authorizing Health Department to use the Health Enforcement Consolidation Act to enforce medical cannabis statutes

14-42, 88 para. (a)

1516-1 Acomb Changes to regulation of home care providers

43-46 New Modifications to positive abortion alternatives program: requiring written materials to be medically accurate, requiring women to be given access to their own health records, requiring provision of pregnancy test results, requiring Health Department to evaluate grant recipients

47 1226 Bahner Home visiting for pregnant women and families with young children

48 2184 Governor Community-based opioid prevention pilot grant program

49 1381 Kunesh-Podein Community solutions for healthy child development grant program

50 479 with A1 amendment, Becker-Finn

Domestic violence and sexual assault prevention program

53, 59, 61, 64

766-1 Edelson

Modifications to medical cannabis program: lowering designated caregiver age to 18, clarifying when a patient needs a designated caregiver, allowing a designated caregiver to also be a patient enrolled in the medical cannabis program, allowing patient assessments via telemedicine

54, 57, 60, 62, 63, 67 (portions), 70, 71 (portions), 72

766-1 Edelson 2184 Governor (spouse caregiver provisions only)

Modifications to medical cannabis program: providing that registry verifications do not list a patient’s qualifying medical condition, allowing spouses to be caregivers to patients enrolled in the medical cannabis program

55-56 766-1 Edelson Modifications to medical cannabis program: registration agreements nontransferable

65 (portions)

766-1 Edelson Modifications to medical cannabis program: increasing number of distribution facilities from 4 to 8

67 (portions), 71 (portions)

766-1 Edelson Modifications to medical cannabis program: allowing a manufacturer to transport medical cannabis to the other manufacturer for distribution, allowing distribution of a 90-day supply of medical cannabis to patients

73 766-1 Edelson Modifications to medical cannabis program: authorizing additional Health Department-regulated health facilities to adopt reasonable restrictions on the use of medical cannabis



76, 87, 88 para. (b)

2184 Governor Repealing Health Department’s HIV/HBV/HCB prevention program

Article 13: Health Coverage Section H.F./Source Description

1-3, 15, 23, 49

572-1 plus amendment Schultz

Loss ratio requirements for health plans; net earnings requirements for nonprofit HMOs. The amendment fixed a cross-reference to a subdivision being repealed.

4-5, 7, 39 1041-1 plus amendment Poston

Health plan and MA coverage of treatments for ectodermal dysplasias. Amendment added a reimbursement subdivision and specified services covered by MA.

6 440 Morrison Coverage of digital breast tomosynthesis

8, 38, 47 306 plus amendment Albright

Health plan and MA coverage of treatments for PANDAS and PANS, report on denials of coverage. Amendment added a reimbursement subdivision and provided for MA coverage of treatments for these conditions.

9, 12, 42-46, 48

533-1 Schultz (text of A6 amendment to H.F. 572) plus amendment

Attorney general review and approval of nonprofit health care entity conversions, moratorium on HMO conversion transactions extended to 2029. Amendment moved the conversion transactions language to a new chapter 317B instead of 62D and modified the current moratorium language on conversion transactions.

10-11, 13-15, 22, 24

1378-2 secs. 1-7 Liebling

Requiring HMOs to be nonprofit corporations

16-21, 25-30, 40, 41

551-2 plus amendment Liebling

Network adequacy: appointment wait times, establishing requirements and fees to apply for waivers, enrollee complaint procedures, administrative penalty for violations of network adequacy requirements. Amendment set administrative penalty amount at $100 per day of violation, extended appointment wait time requirements to HMOs and individual and small group health plans, and modified appointment wait times.

31, 33 1340-1 Lien Mental health parity

32, 37 2009 first division engrossment, Cantrell

Prohibition on use of step therapy for metastatic cancer by health plans and MA

34-36 963 Halverson Coverage of contraceptive methods and services, requiring 12-month supply of prescription contraceptives by health plans and MA


Article 14: Resident Rights and Consumer Protections


1 90 first division engrossment, art. 2 Schultz

Prohibiting retaliation in nursing homes

2-3 90 first division engrossment, art. 3 Schultz

Prohibiting retaliation and deceptive marketing and business practices at housing with services establishments that operate under assisted living title protection

4-17 90 first division engrossment, ar.t 1 Schultz

Rights and protections for assisted living facility residents: resident rights; retaliation prohibited; deceptive marketing and business practices prohibited; electronic monitoring authorized in nursing homes, boarding care homes, certain housing with services establishments, and assisted living facilities; requirements and procedures for involuntary discharges and service terminations; forced arbitration prohibited; enforcement of certain provisions under section 325F.71, subdivision 4 (private remedy for person injured by a violation)

Article 15: Independent Senior Living Facilities Section H.F./Source Description


Health Department regulation of certain aspects of independent senior living facilities: authority granted to commissioner to investigate violations of residency and service contracts and issue correction orders; establishing requirements for residency and service contracts; providing for termination of contracts; establishing requirements for managers; establishing requirements for fire protection, physical environment, and emergency planning; requiring facilities to comply with chapter 504B (landlord-tenant law)

Article 16: Assisted Living Licensure



Licensure of assisted living facilities: licensure required, provisional licensure, applications for licensure, background studies, license renewal, minimum requirements, facility responsibilities for housing and service-related matters, business operations, staff, medication management, treatment and therapy services, resident records, restrictions on who may be a controlling individual, requirements for management agreements, physical environment, contract requirements, surveys and investigations, violations and fines, enforcement, task force, expedited rulemaking, repeal of existing housing with services registration and assisted living title protection statutes


Article 17: Dementia Care Services for Assisted Living Facilities with Dementia Care



Additional requirements for assisted living facilities with dementia care: requiring demonstrated capacity to operate the facility, providing for relinquishment of a license, administration, staffing and staff training, services

Article 18: Assisted Living Licensure Conforming Changes Section H.F./Source Description

1-4, 9-24, 26

90 first division engrossment, art. 9 Schultz

Conforming changes to other statutes related to assisted living licensure

5-8, 25 90 first division engrossment, art. 8 secs. 1-4 and 6

Administrator qualifications

Article 19: Miscellaneous


1-2 1110 Zerwas Modifies early learning scholarships

3-8 1888-1 Morrison Including psychiatric residential treatment facilities in special education requirements for facilities

9 684, first division engrossment Mann

Advisory council on rare diseases at University of Minnesota

10 1043 Cantrell Modifies housing support rates for residents residing in certain facilities

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Health and Human Services Bill List H.F. 2414, Delete ......Health and Human Services Bill List – H.F. 2414, Delete Everything Amendment (A19-0349) 3 Section H.F./Source Description