MN ST § 256.01
M.S.A. § 256.01
Minnesota Statutes Annotated Currentness
Public Welfare and Related Activities (Ch. 245-267)
Chapter 256 . Human Services

256.01. Commissioner of human services; powers, duties

Subdivision 1. Powers transferred. All the powers and duties now vested in or imposed upon the State Board of Control by the laws of this state or by any law of the United States are hereby transferred to, vested in, and imposed upon the commissioner of human services, except the powers and duties otherwise specifically transferred by Laws 1939, chapter 431, to other agencies. The commissioner of human services is hereby constituted the "state agency" as defined by the Social Security Act of the United States and the laws of this state.

Subd. 2. Specific powers. Subject to the provisions of section 241.021, subdivision 2, the commissioner of human services shall carry out the specific duties in paragraphs (a) through (cc):

(a) Administer and supervise all forms of public assistance provided for by state law and other welfare activities or services as are vested in the commissioner. Administration and supervision of human services 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 human services activities vested by law in the department, the commissioner shall have 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 human services;

(2) monitor, on an ongoing basis, the performance of county agencies in the operation and administration of human services, 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 256.017;

(6) make contracts with and grants to public and private agencies and organizations, both 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.

(b) 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.

(c) Administer and supervise all child welfare activities; promote the enforcement of laws protecting disabled, dependent, neglected and delinquent children, and children born to mothers who were not married to the children's fathers at the times of the conception nor at the births of the children; license and supervise child-caring and child-placing agencies and institutions; supervise the care of children in boarding and foster homes or in private institutions; and generally perform all functions relating to the field of child welfare now vested in the State Board of Control.

(d) Administer and supervise all noninstitutional service to disabled persons, including those who are visually impaired, hearing impaired, or physically impaired or otherwise disabled. The commissioner may provide and contract for the care and treatment of qualified indigent children in facilities other than those located and available at state hospitals when it is not feasible to provide the service in state hospitals.

(e) Assist and actively cooperate with other departments, agencies and institutions, local, state, and federal, by performing services in conformity with the purposes of Laws 1939, chapter 431.

(f) Act as the agent of and cooperate with the federal government in matters of mutual concern relative to and in conformity with the provisions of Laws 1939, chapter 431, including the administration of any federal funds granted to the state to aid in the performance of any functions of the commissioner as specified in Laws 1939, chapter 431, and including the promulgation of rules making uniformly available medical care benefits to all recipients of public assistance, at such times as the federal government increases its participation in assistance expenditures for medical care to recipients of public assistance, the cost thereof to be borne in the same proportion as are grants of aid to said recipients.

(g) Establish and maintain any administrative units reasonably necessary for the performance of administrative functions common to all divisions of the department.

(h) Act as designated guardian of both the estate and the person of all the wards of the state of Minnesota, whether by operation of law or by an order of court, without any further act or proceeding whatever, except as to persons committed as developmentally disabled. 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. 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.

(i) Act as coordinating referral and informational center on requests for service for newly arrived immigrants coming to Minnesota.

(j) The specific enumeration of powers and duties as hereinabove set forth shall in no way be construed to be a limitation upon the general transfer of powers herein contained.

(k) Establish county, regional, or statewide schedules of maximum fees and charges which may be paid by county agencies for medical, dental, surgical, hospital, nursing and nursing home care and medicine and medical supplies under all programs of medical care provided by the state and for congregate living care under the income maintenance programs.

(l) Have 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 welfare.  To carry out such experimental projects, it is further provided that the commissioner of human services is authorized to waive the enforcement of existing specific statutory program requirements, rules, and standards in one or more counties.   The order establishing the waiver shall provide alternative methods and procedures of administration, shall not be in conflict with the basic purposes, coverage, or benefits provided by law, and in no event shall the duration of a project exceed four years. It is further provided that no order establishing an experimental project as authorized by the provisions of this section shall become effective until the following conditions have been met:

(1) the secretary of health and human services of the United States has agreed, for the same project, to waive state plan requirements relative to statewide uniformity; and

(2) a comprehensive plan, including estimated project costs, shall be approved by the Legislative Advisory Commission and filed with the commissioner of administration.

(m) According to federal requirements, establish procedures to be followed by local welfare boards in creating citizen advisory committees, including procedures for selection of committee members.

(n) Allocate federal fiscal disallowances or sanctions which are based on quality control error rates for the aid to families with dependent children program formerly codified in sections 256.72 to 256.87, medical assistance, or food stamp program 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 the medical assistance and the AFDC program formerly codified in sections 256.72 to 256.87, disallowances shall be shared by each county board in the same proportion as that county's expenditures for the sanctioned program are to the total of all counties' expenditures for the AFDC program formerly codified in sections 256.72 to 256.87, and medical assistance programs. For the food stamp program, 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 food stamps are to the total of all food stamp 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 food stamp 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 hereunder, 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 which resulted from the noncompliance, and may distribute the balance of the disallowance according to clause (1).

(o) 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.

(p) Have the authority to make direct payments to facilities providing shelter to women and their children according to section 256D.05, subdivision 3. Upon the written request of a shelter facility that has been denied payments under section 256D.05, subdivision 3, the commissioner shall review all relevant evidence and make a determination within 30 days of the request for review regarding issuance of direct payments to the shelter facility. Failure to act within 30 days shall be considered a determination not to issue direct payments.

(q) Have 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 human services programs. 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).

(r) 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.

(s) Be responsible for ensuring the detection, prevention, investigation, and resolution of fraudulent activities or behavior by applicants, recipients, and other participants in the human services programs administered by the department.

(t) Require county agencies to identify overpayments, establish claims, and utilize all available and cost-beneficial methodologies to collect and recover these overpayments in the human services programs administered by the department.

(u) Have the authority to administer a drug rebate program for drugs purchased pursuant to the prescription drug program established under section 256.955 after the beneficiary's satisfaction of any deductible established in the program. The commissioner shall require a rebate agreement from all manufacturers of covered drugs as defined in section 256B. 0625, subdivision 13. Rebate agreements for prescription drugs delivered on or after July 1, 2002, must include rebates for individuals covered under the prescription drug program who are under 65 years of age. For each drug, the amount of the rebate shall be equal to the rebate as defined for purposes of the federal rebate program in United States Code, title 42, section 1396r-8. The manufacturers must provide full payment within 30 days of receipt of the state invoice for the rebate within the terms and conditions used for the federal rebate program established pursuant to section 1927 of title XIX of the Social Security Act. The manufacturers must provide the commissioner with any information necessary to verify the rebate determined per drug. The rebate program shall utilize the terms and conditions used for the federal rebate program established pursuant to section 1927 of title XIX of the Social Security Act.

(v) Have the authority to administer the federal drug rebate program for drugs purchased under the medical assistance program as allowed by section 1927 of title XIX of the Social Security Act and according to the terms and conditions of section 1927. Rebates shall be collected for all drugs that have been dispensed or administered in an outpatient setting and that are from manufacturers who have signed a rebate agreement with the United States Department of Health and Human Services.

(w) Have the authority to administer a supplemental drug rebate program for drugs purchased under the medical assistance program. The commissioner may enter into supplemental rebate contracts with pharmaceutical manufacturers and may require prior authorization for drugs that are from manufacturers that have not signed a supplemental rebate contract. Prior authorization of drugs shall be subject to the provisions of section 256B.0625, subdivision 13.

(x) Operate the department's communication systems account established in Laws 1993, First Special Session chapter 1, article 1, section 2, subdivision 2, to manage shared communication costs necessary for the operation of the programs the commissioner supervises.  A communications account may also be established for each regional treatment center which operates communications systems.  Each account must be used to manage shared communication costs necessary for the operations of the programs the commissioner supervises.  The commissioner may distribute the costs of operating and maintaining communication systems to participants in a manner that reflects actual usage.  Costs may include acquisition, licensing, insurance, maintenance, repair, staff time and other costs as determined by the commissioner.  Nonprofit organizations and state, county, and local government agencies involved in the operation of programs the commissioner supervises may participate in the use of the department's communications technology and share in the cost of operation.  The commissioner may accept on behalf of the state any gift, bequest, devise or personal property of any kind, or money tendered to the state for any lawful purpose pertaining to the communication activities of the department.  Any money received for this purpose must be deposited in the department's communication systems accounts.   Money collected by the commissioner for the use of communication systems must be deposited in the state communication systems account and is appropriated to the commissioner for purposes of this section.

(y) Receive any federal matching money that is made available through the medical assistance program for the consumer satisfaction survey. Any federal money received for the survey is appropriated to the commissioner for this purpose. The commissioner may expend the federal money received for the consumer satisfaction survey in either year of the biennium.

(z) Designate community information and referral call centers and incorporate cost reimbursement claims from the designated community information and referral call centers into the federal cost reimbursement claiming processes of the department according to federal law, rule, and regulations. Existing information and referral centers provided by Greater Twin Cities United Way or existing call centers for which Greater Twin Cities United Way has legal authority to represent, shall be included in these designations upon review by the commissioner and assurance that these services are accredited and in compliance with national standards. Any reimbursement is appropriated to the commissioner and all designated information and referral centers shall receive payments according to normal department schedules established by the commissioner upon final approval of allocation methodologies from the United States Department of Health and Human Services Division of Cost Allocation or other appropriate authorities.

(aa) Develop recommended standards for foster care homes that address the components of specialized therapeutic services to be provided by foster care homes with those services.

(bb) Authorize the method of payment to or from the department as part of the human services 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 human services programs administered by the department.

(cc) Have the authority to administer a drug rebate program for drugs purchased for persons eligible for general assistance medical care under section 256D.03, subdivision 3. For manufacturers that agree to participate in the general assistance medical care rebate program, the commissioner shall enter into a rebate agreement for covered drugs as defined in section 256B.0625, subdivisions 13 and 13d. For each drug, the amount of the rebate shall be equal to the rebate as defined for purposes of the federal rebate program in United States Code, title 42, section 1396r-8. The manufacturers must provide payment within the terms and conditions used for the federal rebate program established under section 1927 of title XIX of the Social Security Act. The rebate program shall utilize the terms and conditions used for the federal rebate program established under section 1927 of title XIX of the Social Security Act.

Effective January 1, 2006, drug coverage under general assistance medical care shall be limited to those prescription drugs that:

(1) are covered under the medical assistance program as described in section 256B.0625, subdivisions 13 and 13d; and

(2) are provided by manufacturers that have fully executed general assistance medical care rebate agreements with the commissioner and comply with such agreements. Prescription drug coverage under general assistance medical care shall conform to coverage under the medical assistance program according to section 256B.0625, subdivisions 13 to 13g.

The rebate revenues collected under the drug rebate program are deposited in the general fund.

Subd. 2a. Authorization for test sites for health care programs. In coordination with the development and implementation of HealthMatch, an automated eligibility system for medical assistance, general assistance medical care, and MinnesotaCare, the commissioner, in cooperation with county agencies, is authorized to test and compare a variety of administrative models to demonstrate and evaluate outcomes of integrating health care program business processes and points of access. The models will be evaluated for ease of enrollment for health care program applicants and recipients and administrative efficiencies. Test sites will combine the administration of all three programs and will include both local county and centralized statewide customer assistance. The duration of each approved test site shall be no more than one year. Based on the evaluation, the commissioner shall recommend the most efficient and effective administrative model for statewide implementation.

Subd. 2b. Performance payments.    The commissioner shall develop and implement a pay-for-performance system to provide performance payments to eligible medical groups and clinics that demonstrate optimum care in serving individuals with chronic diseases who are enrolled in health care programs administered by the commissioner under chapters 256B, 256D, and 256L.  The commissioner may receive any federal matching money that is made available through the medical assistance program for managed care oversight contracted through vendors, including consumer surveys, studies, and external quality reviews as required by the federal Balanced Budget Act of 1997, Code of Federal Regulations, title 42, part 438-managed care, subpart E-external quality review.  Any federal money received for managed care oversight is appropriated to the commissioner for this purpose.  The commissioner may expend the federal money received in either year of the biennium.

Subd. 3. Executive council, powers transferred. All the powers and duties now vested in or imposed upon the executive council, or any other agency which may have succeeded to its authority, relating to the administration and distribution of direct relief to the indigent or destitute, including war veterans and their families and dependents, are hereby transferred to, vested in, and imposed upon the commissioner of human services.

Subd. 4. Duties as state agency. (a) The state agency shall:

(1) supervise the administration of assistance to dependent children under Laws 1937, chapter 438, by the county agencies in an integrated program with other service for dependent children maintained under the direction of the state agency;

(2) establish adequate standards for personnel employed by the counties and the state agency in the administration of Laws 1937, chapter 438, and make the necessary rules to maintain such standards;

(3) prescribe the form of and print and supply to the county agencies blanks for applications, reports, affidavits, and such other forms as it may deem necessary and advisable;

(4) 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 [FN5] and successor amendments, including the making of such reports and such forms and containing such information as the Federal Social Security Board may from time to time require, and comply with such provisions as such board may from time to time find necessary to assure the correctness and verification of such reports;

(5) on or before October 1 in each even-numbered year make a biennial report to the governor concerning the activities of the agency;

(6) enter into agreements with other departments of the state as necessary to meet all requirements of the federal government; and

(7) cooperate with the commissioner of education to enforce the requirements for program integrity and fraud prevention for investigation for child care assistance under chapter 119B.

(b) The state agency may:

(1) subpoena witnesses and administer oaths, make rules, and take such action as may be necessary or desirable for carrying out the provisions of Laws 1937, chapter 438. All rules made by the state agency shall be binding on the counties and shall be complied with by the respective county agencies;

(2) cooperate with other state agencies in establishing reciprocal agreements in instances where a child receiving Minnesota family investment program assistance moves or contemplates moving into or out of the state, in order that the child may continue to receive supervised aid from the state moved from until the child has resided for one year in the state moved to; and

(3) administer oaths and affirmations, take depositions, certify to official acts, and issue subpoenas to compel the attendance of individuals and the production of documents and other personal property necessary in connection with the administration of programs administered by the Department of Human Services.

(c) The fees for service of a subpoena in paragraph (b), clause (3), must be paid in the same manner as prescribed by law for a service of process issued by a district court. Witnesses must receive the same fees and mileage as in civil actions.

(d) The subpoena in paragraph (b), clause (3), shall be enforceable through the district court in the district where the subpoena is issued.

Subd. 4a. Technical assistance for immunization reminders. The state agency 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, Minnesota family investment program, the Minnesota family investment plan, medical assistance, family general assistance, or food stamps or food support whose assistance unit includes at least one child under the age of five to have each young child immunized against childhood diseases. The state agency 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.

Subd. 5. Gifts, contributions, pensions and benefits; acceptance. The commissioner shall have the power and authority to accept in 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, and on behalf of patients and residents at the several state hospitals for persons with mental illness or developmental disabilities during the period of their hospitalization and while on provisional discharge therefrom, money due and payable to them as old age and survivors insurance benefits, veterans benefits, pensions or other such monetary benefits. Such gifts, contributions, pensions and benefits shall be deposited in and disbursed from the social welfare fund provided for in sections 256.88 to 256.92.

Subd. 6. Advisory task forces. The commissioner may appoint advisory task forces to provide consultation on any of the programs under the commissioner's administration and supervision. A task force shall expire and the compensation, terms of office and removal of members shall be as provided in section 15.059. Notwithstanding section 15.059, the commissioner may pay a per diem of $35 to consumers and family members whose participation is needed in legislatively authorized state-level task forces, and whose participation on the task force is not as a paid representative of any agency, organization, or association.

Subd. 7. Special consultant on aging. The commissioner of human services may appoint a special consultant on aging in the classified service. Within the limits of appropriations available therefor, the commissioner may appoint such other employees in the classified service as the commissioner deems necessary to carry out the purposes of Laws 1961, Chapter 466. Such special consultant and staff shall encourage cooperation among agencies, both public and private, including the departments of the state government, in providing services for the aging. They shall provide consultation to local social services agencies in developing local services for the aging, shall promote volunteer services programs and stimulate public interest in the problem of the aging.

Subd. 8. County services coordinators. Any county or group of counties acting through its or their local social services agency or agencies may designate a county services coordinator who shall coordinate services and activities, both public and private, that may further the well being of the aging and meet their social, psychological, physical and economic needs. The coordinator shall perform such other duties as the agency may direct to stimulate, demonstrate, initiate, and coordinate local public, private, and voluntary services within the county dedicated to providing the maximum opportunities for self help, independence, and productivity of individuals concerned. The agency may appoint a citizens advisory committee which shall advise the coordinator and the agency on the development of services and perform such other functions at the county level as are prescribed for the Minnesota Board on Aging at the state level. The members shall serve without compensation. Members of citizens advisory committees required by federal law for programs for the aging who receive federal money in payment for a portion of their actual expenses incurred in performance of their duties may receive the remaining portion from state money appropriated for programs for the aging.

Subd. 9. Staff assistance to the Minnesota Board on Aging. The board shall be provided staff assistance from the Department of Human Services through the special consultant on aging, who shall serve as the executive secretary to the board and its committees.

Subd. 10. Authority to accept and disburse funds. The Minnesota Board on Aging is authorized to accept through the Department of Human Services grants, gifts, and bequests from public or private sources for implementing programs and services on behalf of the aging, and to disburse funds to public and private agencies for the purpose of research, demonstration, planning, training, and service projects pertaining to the state's aging citizens.

Subd. 11. Centralized disbursement system. The state agency may establish a system for the centralized disbursement of food coupons, assistance payments, and related documents. Benefits shall be issued by the state or county subject to section 256.017.

Subd. 11a. Contracting with financial institutions. The state agency may contract with banks or other financial institutions to provide services associated with the processing of public assistance checks and may pay a service fee for these services, provided the fee charged does not exceed the fee charged to other customers of the institution for similar services.

Subd. 12. Child mortality review panel. (a) The commissioner shall establish a child mortality review panel to review deaths of children in Minnesota, including deaths attributed to maltreatment or in which maltreatment may be a contributing cause and to review near fatalities as defined in section 626.556, subdivision 11d.  The commissioners of health, education, and public safety and the attorney general shall each designate a representative to the child mortality review panel.   Other panel members shall be appointed by the commissioner, including a board-certified pathologist and a physician who is a coroner or a medical examiner.  The purpose of the panel shall be to make recommendations to the state and to county agencies for improving the child protection system, including modifications in statute, rule, policy, and procedure.

(b) The commissioner may require a county agency to establish a local child mortality review panel. The commissioner may establish procedures for conducting local reviews and may require that all professionals with knowledge of a child mortality case participate in the local review. In this section, "professional" means a person licensed to perform or a person performing a specific service in the child protective service system. "Professional" includes law enforcement personnel, social service agency attorneys, educators, and social service, health care, and mental health care providers.

(c) If the commissioner of human services has reason to believe that a child's death was caused by maltreatment or that maltreatment was a contributing cause, the commissioner has access to not public data under chapter 13 maintained by state agencies, statewide systems, or political subdivisions that are related to the child's death or circumstances surrounding the care of the child. The commissioner shall also have access to records of private hospitals as necessary to carry out the duties prescribed by this section. Access to data under this paragraph is limited to police investigative data; autopsy records and coroner or medical examiner investigative data; hospital, public health, or other medical records of the child; hospital and other medical records of the child's parent that relate to prenatal care; and records created by social service agencies that provided services to the child or family within three years preceding the child's death. A state agency, statewide system, or political subdivision shall provide the data upon request of the commissioner. Not public data may be shared with members of the state or local child mortality review panel in connection with an individual case.

(d) Notwithstanding the data's classification in the possession of any other agency, data acquired by a local or state child mortality review panel in the exercise of its duties is protected nonpublic or confidential data as defined in section 13.02, but may be disclosed as necessary to carry out the purposes of the review panel. The data is not subject to subpoena or discovery. The commissioner may disclose conclusions of the review panel, but shall not disclose data that was classified as confidential or private data on decedents, under section 13.10, or private, confidential, or protected nonpublic data in the disseminating agency, except that the commissioner may disclose local social service agency data as provided in section 626.556, subdivision 11d, on individual cases involving a fatality or near fatality of a person served by the local social service agency prior to the date of death.

(e) A person attending a child mortality review panel meeting shall not disclose what transpired at the meeting, except to carry out the purposes of the mortality review panel. The proceedings and records of the mortality review panel are protected nonpublic data as defined in section 13.02, subdivision 13, and are not subject to discovery or introduction into evidence in a civil or criminal action against a professional, the state or a county agency, arising out of the matters the panel is reviewing. Information, documents, and records otherwise available from other sources are not immune from discovery or use in a civil or criminal action solely because they were presented during proceedings of the review panel. A person who presented information before the review panel or who is a member of the panel shall not be prevented from testifying about matters within the person's knowledge. However, in a civil or criminal proceeding a person shall not be questioned about the person's presentation of information to the review panel or opinions formed by the person as a result of the review meetings.

Subd. 13. Pilot project; protocols for persons lacking proficiency in English. The commissioner of human services shall establish pilot projects in Hennepin and Ramsey Counties to provide language assistance to clients applying for or receiving aid through the county social service agency. The projects shall be designed to provide translation, in the five foreign languages that are most common to applicants and recipients in the pilot counties, to individuals lacking proficiency in English, who are applying for or receiving assistance under any program supervised by the commissioner of human services. As part of the project, the commissioner shall ensure that the Combined Application Form (CAF) is available in these five languages. The projects shall also provide language assistance to individuals applying for or receiving aid under programs which the department of human services operates jointly with other executive branch agencies, including all work and training programs operated under this chapter and chapter 256D. The purpose of the pilot projects is to ensure that information regarding a program is presented in translation to applicants for and recipients of assistance who lack proficiency in English. In preparing the protocols to be used in the pilot programs, the commissioner shall seek input from the following groups: advocacy organizations that represent non-English-speaking clients, county social service agencies, legal advocacy groups, employment and training providers, and other affected groups. The commissioner shall develop the protocols by October 1, 1995, and shall implement them as soon as feasible in the pilot counties. The commissioner shall report to the legislature by February 1, 1996, on the protocols developed, on the status of their implementation in the pilot counties, and shall include recommendations for statewide implementation.

Subd. 14. Child welfare reform pilots. The commissioner of human services shall encourage local reforms in the delivery of child welfare services and is authorized to approve local pilot programs which focus on reforming the child protection and child welfare systems in Minnesota. Authority to approve pilots includes authority to waive existing state rules as needed to accomplish reform efforts. Notwithstanding section 626.556, subdivision 10, 10b, or 10d, the commissioner may authorize programs to use alternative methods of investigating and assessing reports of child maltreatment, provided that the programs comply with the provisions of section 626.556 dealing with the rights of individuals who are subjects of reports or investigations, including notice and appeal rights and data practices requirements. Pilot programs must be required to address responsibility for safety and protection of children, be time limited, and include evaluation of the pilot program.

Subd. 14a. Single benefit demonstration. The commissioner may conduct a demonstration program under a federal Title IV-E waiver to demonstrate the impact of a single benefit level on the rate of permanency for children in long-term foster care through transfer of permanent legal custody or adoption. The commissioner of human services is authorized to waive enforcement of related statutory program requirements, rules, and standards in one or more counties for the purpose of this demonstration.   The demonstration must comply with the requirements of the secretary of health and human services under federal waiver and be cost neutral to the state.

The commissioner may measure cost neutrality to the state by the same mechanism approved by the secretary of health and human services to measure federal cost neutrality. The commissioner is authorized to accept and administer county funds and to transfer state and federal funds among the affected programs as necessary for the conduct of the demonstration.

Subd. 14b. American Indian child welfare projects. (a) The commissioner of human services may authorize projects to test tribal delivery of child welfare services to American Indian children and their parents and custodians living on the reservation. The commissioner has authority to solicit and determine which tribes may participate in a project. Grants may be issued to Minnesota Indian tribes to support the projects. The commissioner may waive existing state rules as needed to accomplish the projects. Notwithstanding section 626.556, the commissioner may authorize projects to use alternative methods of investigating and assessing reports of child maltreatment, provided that the projects comply with the provisions of section 626.556 dealing with the rights of individuals who are subjects of reports or investigations, including notice and appeal rights and data practices requirements.  The commissioner may seek any federal approvals necessary to carry out the projects as well as seek and use any funds available to the commissioner, including use of federal funds, foundation funds, existing grant funds, and other funds.   The commissioner is authorized to advance state funds as necessary to operate the projects.  Federal reimbursement applicable to the projects is appropriated to the commissioner for the purposes of the projects.  The projects must be required to address responsibility for safety, permanency, and well-being of children.

(b) For the purposes of this section, "American Indian child" means a person under 18 years of age who is a tribal member or eligible for membership in one of the tribes chosen for a project under this subdivision and who is residing on the reservation of that tribe.

(c) In order to qualify for an American Indian child welfare project, a tribe must:

(1) be one of the existing tribes with reservation land in Minnesota;

(2) have a tribal court with jurisdiction over child custody proceedings;

(3) have a substantial number of children for whom determinations of maltreatment have occurred;

(4) have capacity to respond to reports of abuse and neglect under section 626.556;

(5) provide a wide range of services to families in need of child welfare services; and

(6) have a tribal-state title IV-E agreement in effect.

(d) Grants awarded under this section may be used for the nonfederal costs of providing child welfare services to American Indian children on the tribe's reservation, including costs associated with:

(1) assessment and prevention of child abuse and neglect;

(2) family preservation;

(3) facilitative, supportive, and reunification services;

(4) out-of-home placement for children removed from the home for child protective purposes; and

(5) other activities and services approved by the commissioner that further the goals of providing safety, permanency, and well-being of American Indian children.

(e) When a tribe has initiated a project and has been approved by the commissioner to assume child welfare responsibilities for American Indian children of that tribe under this section, the affected county social service agency is relieved of responsibility for responding to reports of abuse and neglect under section 626.556 for those children during the time within which the tribal project is in effect and funded. The commissioner shall work with tribes and affected counties to develop procedures for data collection, evaluation, and clarification of ongoing role and financial responsibilities of the county and tribe for child welfare services prior to initiation of the project. Children who have not been identified by the tribe as participating in the project shall remain the responsibility of the county. Nothing in this section shall alter responsibilities of the county for law enforcement or court services.

(f) Participating tribes may conduct children's mental health screenings under section 245.4874, subdivision 1, paragraph (a), clause (14), for children who are eligible for the initiative and living on the reservation and who meet one of the following criteria:

(1) the child must be receiving child protective services;

(2) the child must be in foster care; or

(3) the child's parents must have had parental rights suspended or terminated.

Tribes may access reimbursement from available state funds for conducting the screenings. Nothing in this section shall alter responsibilities of the county for providing services under section 245.487.

(g) Participating tribes may establish a local child mortality review panel. In establishing a local child mortality review panel, the tribe agrees to conduct local child mortality reviews for child deaths or near-fatalities occurring on the reservation under subdivision 12. Tribes with established child mortality review panels shall have access to nonpublic data and shall protect nonpublic data under subdivision 12, paragraphs (c) to (e). The tribe shall provide written notice to the commissioner and affected counties when a local child mortality review panel has been established and shall provide data upon request of the commissioner for purposes of sharing nonpublic data with members of the state child mortality review panel in connection to an individual case.

(h) The commissioner shall collect information on outcomes relating to child safety, permanency, and well-being of American Indian children who are served in the projects. Participating tribes must provide information to the state in a format and completeness deemed acceptable by the state to meet state and federal reporting requirements.

Subd. 15. Citizen review panels. (a) The commissioner shall establish a minimum of three citizen review panels to examine the policies and procedures of state and local welfare agencies to evaluate the extent to which the agencies are effectively discharging their child protection responsibilities. Local social service agencies shall cooperate and work with the citizen review panels. Where appropriate, the panels may examine specific cases to evaluate the effectiveness of child protection activities. The panels must examine the extent to which the state and local agencies are meeting the requirements of the federal Child Abuse Prevention and Treatment Act and the Reporting of Maltreatment of Minors Act. The commissioner may authorize mortality review panels or child protection teams to carry out the duties of a citizen review panel if membership meets or is expanded to meet the requirements of this section.

(b) The panel membership must include volunteers who broadly represent the community in which the panel is established, including members who have expertise in the prevention and treatment of child abuse and neglect, child protection advocates, and representatives of the councils of color and ombudsperson for families.

(c) A citizen review panel has access to the following data for specific case review under this paragraph: police investigative data; autopsy records and coroner or medical examiner investigative data; hospital, public health, or other medical records of the child; hospital and other medical records of the child's parent that relate to prenatal care; records created by social service agencies that provided services to the child or family; and personnel data related to an employee's performance in discharging child protection responsibilities. A state agency, statewide system, or political subdivision shall provide the data upon request of the commissioner. Not public data may be shared with members of the state or local citizen review panel in connection with an individual case.

(d) Notwithstanding the data's classification in the possession of any other agency, data acquired by a local or state citizen review panel in the exercise of its duties are protected nonpublic or confidential data as defined in section 13.02, but may be disclosed as necessary to carry out the purposes of the review panel. The data are not subject to subpoena or discovery. The commissioner may disclose conclusions of the review panel, but may not disclose data on individuals that were classified as confidential or private data on individuals in the possession of the state agency, statewide system, or political subdivision from which the data were received, except that the commissioner may disclose local social service agency data as provided in section 626.556, subdivision 11d, on individual cases involving a fatality or near fatality of a person served by the local social service agency prior to the date of death.

(e) A person attending a citizen review panel meeting may not disclose what transpired at the meeting, except to carry out the purposes of the review panel. The proceedings and records of the review panel are protected nonpublic data as defined in section 13.02, subdivision 13, and are not subject to discovery or introduction into evidence in a civil or criminal action against a professional, the state, or county agency arising out of the matters the panel is reviewing. Information, documents, and records otherwise available from other sources are not immune from discovery or use in a civil or criminal action solely because they were presented during proceedings of the review panel. A person who presented information before the review panel or who is a member of the panel is not prevented from testifying about matters within the person's knowledge. However, in a civil or criminal proceeding, a person must not be questioned about the person's presentation of information to the review panel or opinions formed by the person as a result of the review panel meetings.

Subd. 16. Information for persons with limited English-language proficiency. By July 1, 1998, the commissioner shall implement a procedure for public assistance applicants and recipients to identify a language preference other than English in order to receive information pertaining to the public assistance programs in that preferred language.

Subd. 17. Appropriation transfers to be reported. When the commissioner transfers operational money between programs under section 16A.285, in addition to the requirements of that section the commissioner must provide the chairs of the legislative committees that have jurisdiction over the agency's budget with sufficient detail to identify the account to which the money was originally appropriated, and the account to which the money is being transferred.

Subd. 18. Immigration status verifications. (a) Notwithstanding any waiver of this requirement by the secretary of the United States Department of Health and Human Services, effective July 1, 2001, the commissioner shall utilize the Systematic Alien Verification for Entitlements (SAVE) program to conduct immigration status verifications:

(1) as required under United States Code, title 8, section 1642;

(2) for all applicants for food assistance benefits, whether under the federal food stamp program, the MFIP or work first program, or the Minnesota food assistance program;

(3) for all applicants for general assistance medical care, except assistance for an emergency medical condition, for immunization with respect to an immunizable disease, or for testing and treatment of symptoms of a communicable disease; and

(4) for all applicants for general assistance, Minnesota supplemental aid, MinnesotaCare, or group residential housing, when the benefits provided by these programs would fall under the definition of "federal public benefit" under United States Code, title 8, section 1642, if federal funds were used to pay for all or part of the benefits.

(b) The commissioner shall comply with the reporting requirements under United States Code, title 42, section 611a, and any federal regulation or guidance adopted under that law.

Subd. 18a. Public Assistance Reporting Information System. (a) Effective October 1, 2009, the commissioner shall comply with the federal requirements in Public Law 110-379 in implementing the Public Assistance Reporting Information System (PARIS) to determine eligibility for all individuals applying for:

(1) health care benefits under chapters 256B, 256D, and 256L; and

(2) public benefits under chapters 119B, 256D, and 256I, and the supplemental nutrition assistance program.

(b) The commissioner shall determine eligibility under paragraph (a) by performing data matches, including matching with medical assistance, cash, child care, and supplemental assistance programs operated by other states.

Subd. 18b. Protections for American Indians. Effective July 1, 2009, the commissioner shall comply with the federal requirements in the American Recovery and Reinvestment Act of 2009, Public Law 111-5, section 5006, regarding American Indians.

Subd. 19. Grants for case management services to persons with HIV or AIDS. The commissioner may award grants to eligible vendors for the development, implementation, and evaluation of case management services for individuals infected with the human immunodeficiency virus. HIV/AIDS case management services will be provided to increase access to cost effective health care services, to reduce the risk of HIV transmission, to ensure that basic client needs are met, and to increase client access to needed community supports or services.

Subd. 20. Ryan White Comprehensive AIDS Resources Emergency Act. (a) The commissioner shall act as the designated state agent for carrying out responsibilities required under Title II of the federal Ryan White Comprehensive AIDS Resources Emergency (CARE) Act. These responsibilities include:

(1) coordinating statewide HIV/AIDS needs assessment activities;

(2) developing the state's plan to meet identified health and support service needs of people living with HIV/AIDS;

(3) administering federal funds designed to provide comprehensive health and support services to persons living with HIV/AIDS;

(4) administering federal funds designated for the AIDS drug assistance program (ADAP);

(5) collecting rebates from pharmaceutical manufacturers on drugs purchased with federal ADAP funds; and

(6) utilizing ADAP rebate funds in accordance with guidelines of the federal Health Resources and Services Administration.

(b) Rebates collected under this subdivision shall be deposited into the ADAP account in the special revenue fund and are appropriated to the commissioner for purposes of this subdivision.

Subd. 21. Interagency agreement with Department of Health. The commissioner of human services shall amend the interagency agreement with the commissioner of health to certify nursing facilities for participation in the medical assistance program, to require the commissioner of health, as a condition of the agreement, to comply beginning July 1, 2005, with action plans included in the annual survey and certification quality improvement report required under section 144A.10, subdivision 17.

Subd. 22. Homeless services. The commissioner of human services may contract directly with nonprofit organizations providing homeless services in two or more counties.

<Paragraph (e) provides that subd. 23 expires June 30, 2012.>
Subd. 23. Administrative simplification; county cost study. (a) The commissioner shall establish and convene the first meeting of an advisory committee to identify ways to simplify and streamline human services laws and administrative requirements. The advisory committee shall select its chair from its membership at the first meeting.

(b) The committee shall consist of three senators appointed by the senate Subcommittee on Committees of the Committee on Rules and Administration, three state representatives appointed by the speaker of the house, and nine department staff and county representatives appointed by the commissioner. The appointments required under this paragraph must be completed by September 1, 2007.

(c) The committee shall discuss methods of reducing inconsistency between programs and complexity within programs in order to improve administrative efficiency and reduce the risk of recipient noncompliance. Topics for discussion may include child support enforcement, adoption services, child care licensing, child care assistance, and other programs. The state senators and state representatives on the advisory committee, in consultation with the advisory committee, shall report annually to the chairs of the legislative committees and divisions with jurisdiction over the Department of Human Services, beginning January 15, 2008, with recommendations developed by the advisory group.

(d) The commissioner, in consultation with the advisory committee, shall study and report to the legislature by January 15, 2009, on the transfer of any responsibilities between the department and counties that would result in more efficient and effective administration of human services programs.

(e) This subdivision expires on June 30, 2012.

Subd. 23a. Administration of publicly funded health care programs. (a) The commissioner of human services, in cooperation with the representatives of county human services agencies and with input from organizations that advocate on behalf of families and children, shall develop a plan that, to the extent feasible, seeks to align standards, income and asset methodologies, and procedures for families and children under medical assistance and MinnesotaCare. The commissioner shall evaluate the impact of different approaches toward alignment on the number of potential medical assistance and MinnesotaCare enrollees who are families and children, and on administrative, health care, and other costs to the state. The commissioner shall present recommendations to the legislative committees with jurisdiction over health care by September 15, 2010.

(b) The commissioner shall report in detail to the chair of the Health Care and Human Services Finance Committee of the house of representatives and to the chair of the Health and Human Services Division of the Finance Committee of the senate, prior to entering into any contracts involving counties for streamlined electronic enrollment and eligibility determinations for publicly funded health care programs, if such contracts would require payment from either the general fund, or the health care access fund, as described in sections 295.58 and 297I.05.

Subd. 24. Disability linkage line. The commissioner shall establish the disability linkage line, a statewide consumer information, referral, and assistance system for people with disabilities and chronic illnesses that:

(1) provides information about state and federal eligibility requirements, benefits, and service options;

(2) makes referrals to appropriate support entities;

(3) delivers information and assistance based on national and state standards;

(4) assists people to make well-informed decisions; and

(5) supports the timely resolution of service access and benefit issues.

Subd. 25. Nonstate funding for program costs. Notwithstanding sections 16A.013 to 16A.016, the commissioner may accept, on behalf of the state, additional funding from sources other than state funds for the purpose of financing the cost of assistance program grants or nongrant administration. All additional funding is appropriated to the commissioner for use as designated by the grantor of funding.

Subd. 26. Systems continuity. In the event of disruption of technical systems or computer operations, the commissioner may use available grant appropriations to ensure continuity of payments for maintaining the health, safety, and well-being of clients served by programs administered by the Department of Human Services. Grant funds must be used in a manner consistent with the original intent of the appropriation.

Subd. 27. Application and renewal forms. The commissioner shall make state health care program applications and renewals available on the department's Web site in the most common foreign languages.

Subd. 28. Statewide health information exchange. (a) The commissioner has the authority to join and participate as a member in a legal entity developing and operating a statewide health information exchange that shall meet the following criteria:

(1) the legal entity must meet all constitutional and statutory requirements to allow the commissioner to participate; and

(2) the commissioner or the commissioner's designated representative must have the right to participate in the governance of the legal entity under the same terms and conditions and subject to the same requirements as any other member in the legal entity and in that role shall act to advance state interests and lessen the burdens of government.

(b) Notwithstanding chapter 16C, the commissioner may pay the state's prorated share of development-related expenses of the legal entity retroactively from October 29, 2007, regardless of the date the commissioner joins the legal entity as a member.

Subd. 29. State medical review team.   (a) To ensure the timely processing of determinations of disability by the commissioner's state medical review team under sections 256B.055, subdivision 7, paragraph (b), 256B.057, subdivision 9, paragraph (j), and 256B.055, subdivision 12, the commissioner shall review all medical evidence submitted by county agencies with a referral and seek additional information from providers, applicants, and enrollees to support the determination of disability where necessary.   Disability shall be determined according to the rules of title XVI and title XIX of the Social Security Act   and pertinent rules and policies of the Social Security Administration.

(b) Prior to a denial or withdrawal of a requested determination of disability due to insufficient evidence, the commissioner shall (1) ensure that the missing evidence is necessary and appropriate to a determination of disability, and (2) assist applicants and enrollees to obtain the evidence, including, but not limited to, medical examinations and electronic medical records.

(c) The commissioner shall provide the chairs of the legislative committees with jurisdiction over health and human services finance and budget the following information on the activities of the state medical review team by February 1, 2010, and annually thereafter:

(1) the number of applications to the state medical review team that were denied, approved, or withdrawn;

(2) the average length of time from receipt of the application to a decision;

(3) the number of appeals and appeal results;

(4) for applicants, their age, health coverage at the time of application, hospitalization history within three months of application, and whether an application for Social Security or Supplemental Security Income benefits is pending; and

(5) specific information on the medical certification, licensure, or other credentials of the person or persons performing the medical review determinations and length of time in that position.

CREDIT(S)

Amended by Laws 1949, c. 40, § 1; Laws 1949, c. 512, §§ 5, 6; Laws 1949, c. 618, § 1; Laws 1949, c. 704, § 1; Laws 1951, c. 330, § 1; Laws 1951, c. 403, § 1; Laws 1951, c. 713, § 27, eff. July 1, 1951; Laws 1953, c. 30, § 1; Laws 1953, c. 593, § 2; Laws 1955, c. 534, § 1; Laws 1955, c. 627, § 1; Laws 1955, c. 847, § 21; Laws 1957, c. 287, § 3; Laws 1957, c. 641, § 1; Laws 1957, c. 762, §§ 1, 2; Laws 1957, c. 791, § 1; Laws 1959, c. 43, § 1; Laws 1959, c. 609, § 2; Laws 1961, c. 466, §§ 3 to 6; Laws 1963, c. 794, § 1; Laws 1967, c. 122, § 1, eff. March 31, 1967; Laws 1967, c. 148, § 2; Laws 1969, c. 365, § 1, eff. May 13, 1969; Laws 1969, c. 493, § 2, eff. May 21, 1969; Laws 1969, c. 703, § 1, eff. May 25, 1969; Laws 1969, c. 1157, § 1, eff. June 10, 1969; Laws 1971, c. 24, § 26, eff. March 5, 1971; Laws 1973, c. 540, § 4; Laws 1973, c. 717, § 12, eff. Jan. 1, 1974; Laws 1974, c. 536, § 2; Laws 1975, c. 271, § 6; Laws 1975, c. 437, art. 2, § 1, eff. Jan. 1, 1976; Laws 1976, c. 2, § 89; Laws 1976, c. 107, § 1; Laws 1976, c. 149, § 52, eff. July 1, 1976; Laws 1976, c. 163, § 55, eff. July 1, 1976; Laws 1977, c. 400, § 1; Laws 1980, c. 357, § 21; Laws 1980, c. 618, § 8, eff. April 26, 1980; Laws 1983, c. 7, § 3; Laws 1983, c. 10, § 1; Laws 1983, c. 243, § 5, subd. 3, eff. June 2, 1983; Laws 1983, c. 312, art. 5, § 3, eff. June 10, 1983; Laws 1984, c. 654, art. 5, § 21, eff. May 3, 1984; Laws 1984, c. 654, art. 5, § 58; Laws 1985, c. 21, §§ 48, 49; Laws 1985, c. 248, § 70; Laws 1985, 1st Sp., c. 14, art. 9, § 15; Laws 1986, c. 444; Laws 1987, c. 270, § 1; Laws 1987, c. 343, § 1; Laws 1987, c. 403, art. 2, § 60; Laws 1987, c. 403, art. 3, § 2; Laws 1988, c. 689, art. 2, § 121, eff. April 29, 1988; Laws 1988, c. 719, art. 8, § 1; Laws 1989, c. 89, § 5; Laws 1989, c. 209, art. 1, § 22; Laws 1989, c. 282, art. 2, § 111; Laws 1989, c. 282, art. 2, § 112, eff. June 2, 1989; Laws 1990, c. 568, art. 4, § 84; Laws 1991, c. 292, art. 3, § 6; Laws 1991, c. 292, art. 5, §§ 6, 7; Laws 1994, c. 631, § 31; Laws 1995, c. 178, art. 2, §§ 1, 2; Laws 1995, 1st Sp., c. 3, art. 16, § 13, eff. Oct. 1, 1995; Laws 1997, c. 7, art. 2, § 40; Laws 1997, c. 85, art. 4, § 8, eff. July 1, 1997; Laws 1997, c. 85, art 5, § 2, eff. July 1, 1997; Laws 1997, c. 203, art. 5, §§ 4, 5; Laws 1997, c. 225, art. 4, § 1; Laws 1998, c. 406, art. 1, §§ 8, 9, eff. April 21, 1998; Laws 1998, c. 407, art. 4, § 5, eff. April 22, 1998; Laws 1998, c. 407, art. 6, § 7, eff. April 22, 1998; Laws 1998, c. 407, art. 9, §§ 8, 9, eff. April 22, 1998; Laws 1999, c. 159, §§ 33, 34; Laws 1999, c. 205, art. 1, § 48; Laws 1999, c. 216, art. 6, § 7; Laws 1999, c. 245, art. 1, §§ 16, 17; Laws 1999, c. 245, art. 5, § 19; Laws 2000, c. 488, art. 9, §§ 6, 36(a); Laws 2000, c. 488, art. 10, § 2; Laws 2001, c. 178, art. 1, § 2; Laws 2001, 1st Sp., c. 9, art. 2, § 6; Laws 2001, 1st Sp., c. 9, art. 3, § 8; Laws 2001, 1st Sp., c. 9, art. 10, §§ 1, 66; Laws 2002, c. 220, art. 15, § 4, eff. July 1, 2002; Laws 2002, c. 277, § 5; Laws 2002, c. 375, art. 2, §§ 10, 11; Laws 2003, c. 130, § 12; Laws 2003, 1st Sp., c. 14, art. 1, § 106; Laws 2003, 1st Sp., c. 14, art. 12, § 2; Laws 2004, c. 247, § 4; Laws 2004, c. 288, art. 3, § 19; Laws 2004, c. 288, art. 3, § 20, eff. May 29, 2004; Laws 2004, c. 288, art. 6, § 17; Laws 2005, c. 56, § 1; Laws 2005, 1st Sp., c. 4, art. 3, § 8, eff. Aug. 1, 2005; Laws 2005, 1st Sp., c. 4, art. 5, § 12, eff. Aug. 1, 2005; Laws 2005, 1st Sp., c. 4, art. 8, § 5, eff. Aug. 1, 2005; Laws 2005, 1st Sp., c. 4, art. 8, § 6; Laws 2006, c. 282, art. 16, § 5; Laws 2007, c. 147, art. 1, § 1, eff. July 1, 2007; Laws 2007, c. 147, art. 2, §§ 15, 16, eff. July 1, 2007; Laws 2007, c. 147, art. 7, § 4, eff. July 1, 2007; Laws 2007, c. 147, art. 15, § 15, eff. July 1, 2007; Laws 2007, c. 147, art. 19, §§ 15, 16, eff. July 1, 2007; Laws 2008, c. 277, art. 1, § 32, eff. July 1, 2008; Laws 2008, c. 286, art. 1, § 1, eff. Aug. 1, 2008; Laws 2008, c. 326, art. 1, § 7, eff. July 1, 2008; Laws 2008, c. 358, art. 3, § 2, eff. July 1, 2008; Laws 2008, c. 361, art. 1, § 2, eff. Aug. 1, 2008; Laws 2009, c. 79, art. 5, § 5, eff. July 1, 2009; Laws 2009, c. 79, art. 5, § 6, eff. Oct. 1, 2009; Laws 2009, c. 79, art. 5, §§7, 77, eff. July 1, 2009; Laws 2009, c. 79, art. 8, § 12, eff. July 1, 2009; Laws 2009, c. 163, art. 2, § 2, eff. Aug. 1, 2009; Laws 2009, c. 173, art. 1, § 12, eff. July 1, 2009.

Laws 1939, chapter 431, was entitled, "An act relating to the organization and administration of the state government, appropriating money therefor, prescribing penalties for violations, and repealing Mason's Minnesota Statutes of 1927, Sections 2317 and 2318, and other acts and parts of acts inconsistent herewith." For distribution in Minnesota Statutes Annotated, see Tables, volumes 43 and 43A.
42 U.S.C.A. § 301 et seq. 42 U.S.C.A. § 1396r Laws 1937, chapter 438, was entitled, "An act to promote the public welfare by providing aid to dependent children, and repealing and amending certain laws relating thereto." For distribution in Minnesota Statutes Annotated, see Tables, volume 43. Public Law Number 104-193 is the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. Title I of the Act is found throughout titles 7, 8, 20, 26, 29, and 42 of U.S.C.A.
Laws 1961, chapter 466, entitled in part, "An act relating to the aging; creating a governor's citizens council on aging ...", enacted § 256.975 and in § 256.01 amended subds. 7 and 8 and added subds. 9 and 10.
42 U.S.C.A. § 5101 et seq.

M.S.A. § 626.556.

42 U.S.C.A. § 300ff et seq.
42 U.S.C.A. §§ 1381 et seq., 1396 et seq.
HISTORICAL AND STATUTORY NOTES

2007 Main Volume

Derivation:
Laws 1943, c. 612, §§ 1, 2.
Laws 1943, c. 570, § 1.
Laws 1943, c. 177, § 1.
Laws 1943, c. 7, § 1.
St.Supp.1940, §§ 3199-102, 8688-4.
Laws 1939, c. 431, art. 7, § 2.
Laws 1937, c. 438, § 2.

Laws 1949, c. 40, § 1, in subd. 2 in par. (2), relating to director of social welfare administration and supervision of all child welfare activities, included the power to designate county welfare boards to act as the agent of the director of social welfare in the placement of wards in adoptive homes or for foster care. The changes made by Laws 1949, c. 40, § 1, did appear in St.1949, but were not reflected in the text as subsequently amended in 1951.

Laws 1949, c. 512, §§ 5 and 6, in subd. 1 added "for all purposes except those relating to mental health or mental hygiene" to the end of subd. 1; and in subd. 2 rewrote par. (3) which formerly read:

"(3) Administer and supervise all mental hygiene work involving persons not in a state institution. The authority and power conferred by this subdivision does not extend to administration or supervision of state institutions of mental hygiene nor to patients therein during the period of actual confinement, nor to mental testing, or to persons feebleminded, epileptic, or mentally ill on parole from state institutions."

As rewritten by Laws 1949, c. 512, § 6, this par. (3) of subd. 2 read:

"(3) Administer and supervise mental hygiene work involving children under his guardianship who are not in a state institution."

The changes made by Laws 1949, c. 512, §§ 5 and 6, did appear in St.1949, but were not reflected in the text as subsequently amended in 1951.

Laws 1949, c. 618, § 1, in subd. 2 rewrote par. (6) which formerly read:

"(6) Act as the agent of and cooperate with the federal government in matters of mutual concern relative to and in conformity with the provisions of Laws 1939, Chapter 431, including the administration of any federal funds granted to the state to aid in the performance of any functions of the director as specified in Laws 1939, Chapter 431, and including the promulgation of rules and regulations making uniformly available medical care benefits to all recipients of public assistance at such time as the federal government increases its participation in assistance expenditures for medical care to recipients of public assistance, the cost thereof to be borne in the same proportion as are the grants of aid to said recipients."

As rewritten by Laws 1949, c. 618, § 1, this par. (6) of subd. 2 read:

"(6) a. Act as the agent of and cooperate with the federal government in matters of mutual concern relative to and in conformity with the provisions of Laws 1939, Chapter 431, including the administration of any federal funds granted to the state to aid in the performance of any functions of the director as specified in Laws 1939, Chapter 431.

"b. Enter into contracts and agreements with the federal government, through its appropriate agency or instrumentality, whereby the State of Minnesota shall receive federal grants-in-aid or other benefits for public assistance or public welfare purposes under any act or acts of Congress heretofore or hereafter enacted; provided that in a grant-in-aid program established by rule and regulation of the director of social welfare the cost of such a program, in excess of federal fund shall be paid three-fourths from county funds and one-fourth from state funds.

"c. Cooperate with the federal government in carrying out the purpose of any federal act pertaining to public assistance or welfare service and in other matters of mutual concern."

The changes made by Laws 1949, c. 618, § 1, did appear in St.1949, but were not reflected in the text as subsequently amended in 1951.

Laws 1949, c. 704, § 1, in subd. 2 in par. (2), relating to director of social welfare administration and supervision of all child welfare activities, deleted "private" preceding "child-caring", added par. (12) regarding the director of social welfare acting as coordinator of the program for displaced persons for a specified period, and redesignated former par. (12) as par. (13). The changes made by Laws 1949, c. 704, § 1, did not appear in St.1949.

Laws 1951, c. 330, § 1, added subd. 5 regarding the power and authority of the director to accept contributions and gifts for the use and benefit of children under guardianship or custody of the director of social welfare.

Laws 1951, c. 403, § 1, in subd. 2 added a par. (12) identical to that added by Laws 1949, c. 704, § 1 regarding the director of social welfare acting as coordinator of the program for displaced persons, except that the specified period of time differed; Laws 1949, c. 704, § 1 made par. (12) applicable for the period beginning July 1, 1949 and ending June 30, 1951, while Laws 1951, c. 403, § 1 made par. (12) applicable for the period beginning July 1, 1951 and ending June 30, 1953. Laws 1951, c. 403, § 1, also redesignated former par. (12) as par. (13), as had Laws 1949, c. 704, § 1.

The text of subd. 2 amended by Laws 1951, c. 403, § 1, purporting to be Minnesota Statutes 1949, § 256.01, did not show any of the changes made by Laws 1949, c. 40, § 1, Laws 1949, c. 512, §§ 5 and 6, or Laws 1949, c. 618, § 1. The deletion of "private" preceding "child-caring" in par. (2) of subd. 2 by Laws 1949, c. 704, § 1, was reflected.

Laws 1951, c. 713, § 27, in subd. 2 in par. (11), relating to the transfer of powers and duties of the director of public institutions with reference to the state sanatorium of consumptives to the director of social welfare, added the sentence providing that the director of social welfare shall appoint the superintendent of the state sanatorium but shall not have the power to fix his salary. In making this amendment Laws 1951, c. 713, § 27 did not show the entire text of subd. 2, but showed only par. (11) of subd. 2.

Laws 1953, c. 30, § 1, in subd. 2 rewrote par. (12) which, as contained in Laws 1951, c. 403, § 1, read:

"(12) Act as coordinator of the program for displaced persons for the period beginning July 1, 1951, and ending June 30, 1953."

Laws 1953, c. 593, § 2, which enacted § 245.04 (repealed) transferred to, vested in, and imposed upon the commissioner of public welfare all powers and duties now vested in or imposed upon the director and division of social welfare and the director and division of public institutions, and constituted the commissioner of public welfare as the "state agency" as defined by the social security act of the United States.

Laws 1955, c. 534, § 1, added subd. 6 regarding commissioner appointment of citizen advisory committees.

Laws 1955, c. 627, § 1, in subd. 2 added pars. (14) and (15) regarding establishment of schedules of maximum fees and charges for medical, dental, etc. care and supplies, and regarding the prohibition of payment for non-emergency medical, dental, etc. care and supplies without prior authorization for the care, respectively.

Laws 1955, c. 847, § 21, in subd. 4 rewrote par. (7) which formerly read:

"(7) Make an annual report to the governor not later than four months after the close of each fiscal year showing for such year the total amount paid under Laws 1937, Chapter 438; the total number of persons assisted, and such other particulars as it may deem advisable."

Laws 1957, c. 287, § 3, instructed the revisor of statutes to substitute "Minnesota State Sanatorium" for "state sanatorium for consumptives".

Laws 1957, c. 641, § 1, rewrote subd. 5 which formerly read:

"The commissioner shall have the power and authority to accept in behalf of the state contributions and gifts, not exceeding $200 at one time from one person, for the use and benefit of children under the guardianship or custody of the commissioner. Such gifts or contributions shall be deposited in and disbursed from the social welfare fund provided for in sections 256.88 to 256.92."

Laws 1957, c. 762, §§ 1 and 2, added subds. 7 and 8 regarding appointment of a special assistant on aging and designation of county services coordinators, respectively.

Laws 1957, c. 791, § 1, in subd. 2 rewrote par. (15) which formerly read:

"(15) Require that county welfare boards shall not pay for non-emergency medical, dental, surgical, hospital, nursing, or licensed nursing home care or medicine and medical supplies under the categorical aid programs unless the board has given prior authorization for the care."

Laws 1959, c. 43, § 1, in subd. 5 deleted a limitation of "not exceeding $200.00 at one time from one person" upon the power of the commissioner to accept contributions and gifts.

Laws 1959, c. 609, § 1, in subd. 2 in par. (1), regarding commissioner of public welfare administration and supervision of all forms of public assistance in the state, deleted "relief to veterans" from the list of forms of public assistance to be administered and supervised by the commissioner of public welfare, deleted former par. (3), redesignated former pars. (4) to (15) as pars. (3) to (14) respectively, and therein rewrote newly designated par. (3). Prior to their respective deletion and rewriting, former pars. (3) and (4) read:

"(3) Administer and supervise all mental hygiene work involving persons not in a state institution. The authority and power conferred by this subdivision does not extend to administration or supervision of state institutions of mental hygiene nor to patients therein during the period of actual confinement, nor to mental testing, or to persons feebleminded, epileptic, or mentally ill on parole from state institutions.

"(4) Administer and supervise all non-institutional services to the handicapped persons, including the blind, the deaf, the tubercular, the crippled, and otherwise handicapped persons. The authority and power conferred by this subdivision shall include such non-institutional services to the handicapped as are now authorized to be performed by the state board of control and by the division of the deaf of the state industrial commission."

The 1961 amendment rewrote subds. 7 and 8; and added subds. 9 and 10 regarding staff assistance to the council on aging and commissioner authority to accept grants and gifts for programs and services in behalf of the aging, respectively. Prior to revision subds. 7 and 8 read:

"Subd. 7. Special assistant on aging. The commissioner of public welfare may appoint and fix the salary of a special assistant on aging in the unclassified service and a clerk-steno in the classified service. Such special assistant shall encourage cooperation among agencies, both public and private, including the departments of the state government, in providing services for the aging. He shall provide consultation to county welfare boards in developing local services for the aging, shall promote volunteer services programs and stimulate public interest in the problems of the aging. He shall serve as executive secretary to the advisory committee on aging.

"Subd. 8. County services coordinators. The county welfare board of any county may designate a county services coordinator who shall coordinate services and activities, both public and private, that may further the well being of the aging and meet their social, psychological, physical and economic needs, and shall perform such other duties as the board may direct. The board may appoint a citizens advisory committee which shall advise the coordinator and the board on the developments of services, the members of which shall serve without compensation."

The 1963 amendment in subd. 4 added par. (8) regarding state agency power to enter into agreements with other state departments to meet federal government requirements.

Laws 1967, c. 122, § 1, in subd. 2 deleted former par. (14) which provided that the commissioner of public welfare require that county welfare boards not pay for non-emergency surgical, hospital, or licensed nursing home care under categorical aid programs unless the board has given prior authorization, and authorize county welfare boards to require prior authorization for non-emergency medical, dental or nursing care or medicine and medical supplies.

Laws 1967, c. 148, § 2, instructed the revisor of statutes to substitute "Minnesota Veterans Home" or "veterans home" for "Minnesota Soldiers Home" or "soldiers home".

Laws 1969, c. 365, § 1, in subd. 2 added par. (14) [redesignated by the revisor of statutes as par. (15) in St.1969] requiring the commissioner of public welfare in accordance with federal requirements to establish procedures to be followed by county welfare boards in creating citizen advisory committees including member selection procedures.

Laws 1969, c. 493, § 2, in subd. 2 in the introductory paragraph inserted reference to being subject to § 242.021, subd. 2.

Laws 1969, c. 703, § 1, added par. (14) giving the commissioner of public welfare authority to conduct administer experimental projects to test the administering of assistance and services to recipients or potential recipients of public welfare.

Laws 1969, c. 1157, § 1, in subd. 7 permitted the appointment of a special consultant on aging in the classified service, formerly in the unclassified service, and deleted a provision permitting the commissioner of welfare to fix the salary of the special consultant.

The 1971 amendment, a revisor's corrections bill, corrected the erroneous reference in the introductory paragraph of subd. 2, substituting § 241.021, subd. 2 for § 242.021, subd. 2.

Laws 1973, c. 540, § 4, in subd. 2 in par. (3), regarding commissioner of public welfare administration and supervision of all non-institutional service to handicapped persons, substituted "at state hospitals when it is not feasible to provide such service in state hospitals" for "at the Gillette state hospital for crippled children when it is not feasible to provide such service in that hospital".

Laws 1973, c. 717, § 12, in subd. 2 in par. (1) provided for commissioner of public welfare administration and supervision of all forms of public assistance "provided for by state law", replacing a listing of forms public assistance which read "in the state including general relief, relief to transients and state homeless, old age assistance, aid to dependent children, aid to the blind and otherwise handicapped persons", deleted a former par. (8) which required the establishment within the department of the commissioner of public welfare a bureau of old age assistance, of aid to dependent children, and a bureau of child welfare, redesignated former pars. (9) to (15) as pars. (8) to (14) respectively, and in newly designated par. (12), regarding commissioner of public welfare establishment of schedules of maximum fees and charges for medical, dental, etc., care and supplies, substituted "under the medical assistance program" for "under the categorical aid programs".

The 1974 amendment rewrote subd. 10 which formerly read:

"The commissioner of public welfare is authorized to accept financial grants, gifts, and bequests from public or private sources for the program and services in behalf of the aging and to disburse such funds to public or private agencies for the purpose of research, demonstration, and service projects pertaining to the state's aging citizens."

Laws 1975, c. 271, § 6, instructed the revisor of statutes the substitute the new names for the state agencies, boards, commissions, committees, authorities, and councils listed in Laws 1975, c. 271, §§ 3 to 5.

Laws 1975, c. 271, § 7, provided:

"This act is effective July 1, 1975. Until such time as the state agencies whose names have been changed by this act are able to economically make all changes in designation required by this act, they may continue to use their present designations, but the use of those designations shall not extend beyond the first Monday in January 1978."

Laws 1975, c. 437, art. 2, § 1, in subd. 2 in par. (4), regarding commissioner of public welfare performance of services in conformity with the purposes of Laws 1939, chapter 431, deleted ", including the establishment of an efficient working relationship with the director of institutions relating to the care and supervision of individuals both prior to and after departure from institutions under the supervision of said director of institutions" following "Laws 1939, chapter 431", in par. (12), regarding commissioner of public welfare establishment of maximum fees and charges for medical, dental, etc. care and supplies, deleted "by county welfare boards" following "charges which may be paid" and substituted "under all programs of medical care provided by the state" for "under the medical assistance program", in par. (14) regarding commissioner establishment of procedures to be followed in creating citizen advisory committees, substituted "local welfare boards" for "county welfare boards", and added par. (15) regarding promulgation by rule and regulation of standards of administration to be applied by local welfare boards administering listed programs, and par. (16) regarding development of a plan and report to the 1976 legislature on methods by which the payment and administration of all income maintenance programs could be assumed by the state department of public welfare.

Laws 1976, c. 2, § 89, a revisor's corrections will, in subd. 2, par. (3), relating to commissioner administration and supervision of all non-institutional service to handicapped persons, instructed the insertion of "Minnesota Statutes 1971," following "in" and preceding "section".

Laws 1976, c. 107, § 1, in subd. 2 in the introductory paragraph deleted "Minnesota Statutes 1967" preceding "section 241.021 subdivision 2", in par. (1), regarding commissioner administration and supervision of public assistance, deleted a sentence providing that nothing herein shall transfer from the veterans home board any of its present rights, powers, or duties, all of which shall continue to be exercised by the board, in par. (3), regarding commissioner administration and supervision of all non-institutional service to handicapped persons, deleted a reference to § 250.02, in par. (12), regarding commissioner establishment of maximum fees and charges for medical, dental, etc., care and supplies, inserted "by local agencies" and "and for congregate living care under the income maintenance programs", and throughout deleted references to regulations in the phrase "rules and regulations".

Laws 1976, c. 149, § 52, rewrote subd. 6 which formerly read:

"The commissioner may appoint citizen advisory committees to consult with him on any of the programs under his administration and supervision. Within the limit of the appropriations provided the commissioner may authorize the reimbursement of advisory committee members for expenses incurred in the performance of their duties."

Laws 1976, c. 163, § 55, in subd. 8 added the sentence providing that members of citizens programs for the aging who receive federal money for a portion of actual expenses may receive the remaining portion from state money appropriated for programs for the aging.

The 1977 amendment added subd. 11 regarding establishment of a centralized disbursement system.

Laws 1980, c. 357, § 21, in subd. 2 in par. (8), constituting the commissioner as guardian of all state wards and certain others, substituted "mentally retarded" for "feeble-minded", deleted former par. (9) providing that all powers and duties of the director of public institutions with reference to the Minnesota state sanatorium were transferred to the commissioner of public welfare, and requiring the commissioner to appoint the superintendent of the Minnesota state sanatorium but providing that the commissioner did not have the power to fix his salary, redesignated former pars. (10) to (15) as pars. (9) to (14), and deleted a former par. (16) which required the commissioner to develop a plan and report to the 1976 legislature on methods by which the payment and administration of all income maintenance programs could be assumed by the state department of public welfare.

Laws 1980, c. 618, § 8, amended subd. 2 as amended by Laws 1980, c. 357, § 21, by rewriting par. (14) [formerly par. (15) ] which formerly read:

"(14) Promulgate, by rule, standards of administration to be applied by local welfare boards administering state and county financed programs of medical assistance pursuant performance shall be deducted from administrative reimbursement otherwise due the county."

Laws 1980, c. 618, § 27, provided in part that "Unless otherwise provided within the section, each section of this act is effective on the effective date of the act amended by that section."

Laws 1983, c. 7, § 3, in subd. 2 rewrote pars. (1), (2), (3), (7), and (8) which formerly read:

"(1) Administer and supervise all forms of public assistance provided for by state law and other welfare activities or services as may from time to time be vested in the commissioner.

"(2) Administer and supervise all child welfare activities; promote the enforcement of laws protecting defective, illegitimate, dependent, neglected and delinquent children; license and supervise child-caring and child-placing agencies and institutions; supervise the care of children in boarding and foster homes or in private institutions; and generally perform all functions relating to the field of child welfare now vested in the state board of control.

"(3) Administer and supervise all non-institutional service to handicapped persons, including the blind, the deaf, the tuberculous, the crippled, and otherwise handicapped persons. The authority and power conferred by this subdivision shall include the authority and power to provide and contract for the care and treatment of qualified indigent children in facilities other than those located and available at state hospitals when it is not feasible to provide the service in state hospitals."

"(7) Administer and supervise any additional welfare activities and services as may, from time to time, hereafter be vested by law in the state department.

"(8) The commissioner is hereby specifically constituted as guardian of both the estate and the person of all the wards of the state of Minnesota and other persons the guardianship of whom has been heretofore vested in the state board of control, whether by operation of law or by an order of court, without any further act or proceeding whatever, except as to persons committed as mentally retarded or epileptic. All of said guardianships, and the funds and property of the same, are hereby transferred to and vested in said commissioner, and said commissioner is hereby constituted a legal entity and is hereby empowered to act as guardian under any laws of this state heretofore conferring such powers upon the state board of control."

Laws 1983, c. 10, § 1, instructed the revisor of statutes to change "epileptic" to "person having epilepsy" or similar terminology.

Laws 1983, c. 243, § 5, subd. 3, amended subd. 2 as amended by Laws 1983, c. 7, § 3, by substituting in par. (2), regarding commissioner administration and supervision of all child welfare activities, "nor at the births" for "and births".

Laws 1983, c. 312, art. 5, § 3, in subd. 2 rewrote par. (14) which formerly read:

"(14) Promulgate, by rule, standards of administration to be applied by local welfare boards administering state and county financed programs of medical assistance pursuant to chapter 256B, general relief medical care pursuant to section 256D.02, subdivision 4 and medical, hospital, and surgical care for persons eligible for general assistance pursuant to chapter 256D, or for indigent persons whose costs of hospitalization are paid pursuant to sections 261.21 to 261.232. The rules shall specify a uniform standard of performance and a tolerated error rate, but shall not specify the minimum number of personnel to be employed by a local agency if the agency operates at the specified standard of performance or at or below the tolerated error rate. The commissioner may deduct from the earned administrative reimbursements of a county a penalty for the county's failure to comply with the standards of administration. The penalty shall be fixed by the commissioner as a percentage of the overexpenditure caused by improper administration, beyond an initial tolerated amount of overexpenditure. In the event that fiscal sanctions are imposed by the federal government because of improper administration of the programs, one half of the amount of the sanctions attributable to local agency performance shall be deducted from administrative reimbursement otherwise due the county."

Laws 1984, c. 654, art. 5, § 21, in subd. 2 added par. (15) regarding commissioner development and implementation of special projects that maximize reimbursements and result in recovery of money to the state.

Laws 1984, c. 654, art. 5, § 58, instructed the revisor of statutes to change commissioner or department of "public welfare" to commissioner or department of "human services".

Laws 1985, c. 21, §§ 48 and 49, in subd. 2, in par. (3), regarding commissioner administration and supervision of all noninstitutional service to handicapped persons, inserted ", including those who are visually impaired, hearing impaired, or physically impaired or otherwise handicapped", and in par. (8), constituting the commissioner as guardian of all state wards and certain others, deleted "or having epilepsy" after "mentally retarded"; and in subd. 5 substituted "patients and residents at the several state hospitals for persons with mental illness or mental retardation" for "patients at the several state institutions for the mentally ill, the mentally retarded, or persons having epilepsy".

Laws 1985, c. 248, § 70, instructed the revisor of statutes to delete references to regulations when referring to administrative rules adopted on the state level and replace them with references to rules, and in the phrase "rules and regulations" delete "and regulations".

Laws 1985, 1st Sp., c. 14, art. 9, § 15, in subd. 4 added par. (8) regarding preparation and submission of a plan to the full productivity and opportunity coordinator and renumbered former par. (8) as par. (9).

Laws 1985, 1st Sp., c. 14, art. 9, § 79, subds. 1 and 3, provide in part that § 15 of art. 9 is effective August 1, 1985, except that:

[Subd. 1] "(a) departments or agencies whose functions, powers, or duties are transferred to the department of jobs and training or are repealed by this article, or in which positions are abolished by this article, shall exercise those functions, powers, or duties and retain those positions until the commissioner of jobs and training notifies the commissioner of administration that the department of jobs and training is ready to begin operation; and

"(b) a new program established by this article is not effective until the full productivity and opportunity coordinator and the commissioner of jobs and training have been appointed and have taken office."

"Subd. 3. Notwithstanding subdivision 1, all sections of this article must be effective by October 1, 1985."

Laws 1986, c. 444, authorized the removal of nonsubstantive gender specific references.

Laws 1987, c. 270, § 1, in subd. 2 added par. (16) relating to authorizing the commissioner to make direct payments to shelter facilities.

Laws 1987, c. 343, § 1, in subd. 2 in par. (14), regarding commissioner allocation of federal fiscal disallowances or sanctions based on quality control error rates for certain programs, rewrote par. (a) which formerly read:

"(a) One-half of the total amount of the disallowance shall be borne by the county boards responsible for administering the programs and shall be shared by each county board in the same proportion as that county's expenditures for the sanctioned program are to the total of all counties' expenditures for that program. Each county shall pay its share of the disallowance to the state of Minnesota. When a county fails to pay the amount due hereunder, 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."

Laws 1987, c. 343, § 2, provides:

"Section 1 is effective for all sanction payments made after January 1, 1988."

Laws 1987, c. 403, art. 2, § 60, revised par. (8) of subd. 4 which previously read:

"(8) prepare a plan and submit it to the full productivity and opportunity coordinator in each even-numbered year, according to standards established by the coordinator, for use in developing a biennial statewide employment and training plan; and."

Laws 1987, c. 403, art. 3, § 2, in subd. 2 in par. (12), regarding commissioner authority to conduct and administer experimental projects to test methods and procedures of administering assistance and services to recipients or potential recipients of public welfare, increased from two years to four years the maximum duration of a project.

Laws 1988, c. 689, art. 2, § 121, in subd. 4, deleted par. (8), relating to the design, development, and administration of an intake, referral, and inventory system to provide access to employment opportunities and public and private services, and redesignated former par. (9) as par. (8).

Laws 1988, c. 719, art 8, § 1, in subd. 2 in par. (1) provided that administration and supervision of human services activities and services includes assuring timely and accurate distribution of benefits, completeness of service, and quality program management, and added the list of functions the commissioner has authority to perform, added par. (2) requiring the commissioner to timely inform local agencies of law, rule, regulation, and policy changes, designated former pars. (2) to (6) as pars. (3) to (7), respectively, and deleted a former par. (7) requiring the commissioner to administer and supervise any additional welfare activities and services as are vested by law in the department.

Laws 1988, c. 719, art. 8, § 37 provides in part that § 1 (amending subd. 2) is effective January 1, 1990, except as provided in § 34. Laws 1988, c. 719, art. 8, § 34 provides:

"$1,655,500 is appropriated from the general fund to the commissioner of human services for the purposes indicated.

"(a) $990,000 is for the county incentive fund, to be available until June 30, 1991.

"(b) $110,000 is available beginning June 1, 1989, to convert county food stamp quality control staff to state employment.

"(c) $555,500 is available beginning January 1, 1990, to implement state financing of income maintenance benefits as contained in this article by monitoring local agency performance in administering the income maintenance programs, providing technical assistance and program support, and reviewing local agency exceptions to compliance actions."

Laws 1989, c. 89, § 5 in subd. 2 added par. (17) regarding commissioner authority to establish and enforce listed county reporting requirements.

Laws 1989, c. 209, was a revisor's instruction correcting erroneous, ambiguous, and omitted text and obsolete references; eliminating certain redundant, conflicting, and superseded provisions; and making miscellaneous technical corrections to statutes and other laws. Article 1, § 22 of this act substituted, in subd. 2, par. (16), "256D.05" for "256.05".

Laws 1989, c. 282, art. 2, §§ 111, 112, in subd. 2 added par. (17) [redesignated by the revisor of statutes as par. (18)], relating to commissioner allocation of federal fiscal disallowances; and added subd. 12, establishing a child mortality review panel.

Laws 1990, c. 568, art. 4, § 84, in part, directed the revisor of statutes to substitute "county agency" or "county agencies" for "local agency" or "local agencies" wherever they appear in chapters 256 and 256D.

Laws 1991, c. 292, art. 3, § 6, increased from $400,000 to $1,000,000 the account balance limits in subd. 2, par. (15) regarding commissioner development and implementation of special projects that maximize reimbursements and result in money recovery.

Laws 1991, c. 292, art. 5, § 85, subd. 3, provides in part that §§ 6 and 7 are effective June 5, 1991, except as indicated in § 9 (amending § 256.025, subd. 1).

Laws 1991, c. 292, art. 5, §§ 6, 7, rewrote subd. 11; and added subd. 11a relating to state agency contracting with banks or other financial institutions. Prior to revision subd. 11 read:

"The state agency may establish a system for the centralized disbursement of (1) assistance payments to recipients of aid to families with dependent children, (2) emergency assistance payments to needy families with dependent children as defined in Minnesota Statutes 1976, Section 256.12, and (3) the benefit documents for food stamp recipients. The state agency shall adopt rules and set guidelines for the operation of the statewide system. If required by federal law or regulations promulgated thereunder, or by state law, or by rule of the state agency, each county shall pay to the state treasurer that portion of assistance for which the county is responsible. The commissioner shall designate the date on which a centralized disbursement system shall be established in any designated geographic area in the state and after that date Minnesota Statutes, Sections 256.81, Clause (2); 256.82; and 256.871, Subdivision 1, shall be superseded by this section as to any county agency in the designated area. Federal funds available for administrative reimbursement shall be disbursed between the state and local welfare agencies on the same basis that reimbursements are earned."

Laws 1994, c. 631, § 31, par. (b), instructed the revisor of statutes to change "county welfare board" and "county welfare department" to "local social services agency".

Laws 1995, c. 178, art. 2, §§ 1 and 2, added subd. 4a, relating to technical assistance to county agencies for immunization reminders, and subd. 13, relating to pilot projects to assist persons lacking proficiency in english.

Laws 1995, 1st Sp., c. 3, art. 16, § 13, provides in part:

"The revisor of statutes shall identify in Minnesota Statutes and Minnesota Rules all references to the commissioner of education and the department of education and shall make the following terminology changes:

"(1) all references to the commissioner of education shall be changed to the commissioner of children, families, and learning;

"(2) all references to the department of education shall be changed to the department of children, families, and learning;

"(3) all references involving the commissioner of education shall be rewritten to give all relevant responsibilities or authorities to the commissioner of children, families, and learning; and

"(4) all references to the programs being transferred to the department of children, families, and learning to reflect that those programs are under the jurisdiction of the commissioner of children, families, and learning."

Laws 1997, c. 7, art. 2, § 72, provides in part that § 40 (amending subd. 2) is effective retroactive to October 15, 1995.

Laws 1998, c. 406, art. 1, § 37, provides that the amendments to Minnesota Statutes in Laws 1998, chapter 406, article 1, prevail over any inconsistent amendments to the same statutes contained in Laws 1998, chapter 407.

Laws 1998, c. 406, art. 1, § 37, provides:

"The amendments to Minnesota Statutes in this article prevail over any inconsistent amendments to the same statutes contained in 1998 S.F. No. 3346 [Laws 1998, c. 407], if enacted."

Laws 2001, 1st. Sp., c. 9, art. 2, § 6, also provides in part that the amendment of subd. 2 is effective 30 days following June 30, 2001.

Laws 2001, 1st Sp., c. 9, art. 10, § 66, directed the revisor of statutes to change all references to Minnesota Family Investment Program-Statewide (MFIP-S) to Minnesota Family Investment Program (MFIP).

Laws 2002, c. 379, art. 1, § 113, provides:

"2001 First Special Session Senate File No. 4, as passed by the senate and the house of representatives on Friday, June 29, 2001, and subsequently published as Laws 2001, First Special Session chapter 9, is reenacted. Its provisions are effective on the dates originally provided in the bill."

Laws 2004, c. 288, art. 3, § 20, adding subd. 22, also provided that the addition of subd. 22 was effective immediately following final enactment. The governor approved Laws 2004, c. 288 on May 29, 2004.

Laws 2005, 1st Sp., c. 4, art. 8, § 6, adding subd. 2a, also provided that subd. 2a was effective retroactively from July 1, 2005.

M. S. A. § 256.01, MN ST § 256.01

Current with laws of the 2010 Regular and First Special
                 Sessions effective through June 30, 2010                      


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