HF2161

Purpose of the Bill

The main goal of this bill is to revise several human services operation policies under the Minnesota Department of Human Services. It covers changes in licensing provisions for home and community-based services, behavior health licenses, and background check procedures. The bill also addresses disqualifications related to misconduct, kickbacks in child care, and strengthens personal data protection measures.

Main Provisions

• Licensing and Background Checks: Updates procedures for licensing home-based and community-based services, emphasizing criteria for applications, extensions, denials, and the conditions for new licenses.
• Child Care Provider Disqualifications: Implements administrative disqualification procedures for child care providers accused of misconduct, such as fraud or intentional program violations. Specifies that disqualifications may result in three-year or permanent bans.
• Behavioral Health Services: Provides guidelines for licensing substance use disorder treatment facilities, emphasizing the maintenance of opiate antagonists for emergency overdose treatment and the ability for non-residential programs to store these medications.
• Anti-Kickback Measures: Prohibits hiring practices that involve kickbacks or conditional employment based on obtaining child care assistance funds.
• License Holder Reporting and Compliance: Stipulates the necessary information and validation required from license applicants, focusing on the use of electronic signatures and the collection of taxpayer IDs.
• Dual Licensure and Variances: Powers are delegated to local agencies for issuing variances except for specific cases, particularly concerning dual licensures.
• Use of Technology: Authorization for the use of electronic signatures for documentation under the license and application procedures.

Significant Changes to Existing Law

• Disqualification and Reconsideration Procedures: Provides detailed procedures for the administrative disqualification of child care service providers, establishing processes for appealing decisions and clarifying the role of the commissioner in overseeing license compliance.
• Emergency Treatment Protocols: Enables programs to more readily administer opiate antagonists by exempting them from specific storage rules and training requirements.
• Schedule of Licenses and Reviews: Updates the timeline for license issuance and renewal, as well as establishing the conditions for maintaining operational status during a license revocation appeal.
• Data Sharing: Allows the Department of Human Services to coordinate with other agencies to enforce licensing laws and enables sharing of relevant data between the department and commissioners.

Relevant Terms

• Administrative Disqualification
• Child Care Assistance
• Kickback
• Behavioral Health Licensing
• Emergency Opiate Antagonist
• Electronic Signature
• Background Study
• Disqualification Set-Aside
• Community Residential Setting
• Dual Licensure