piers109uk/MN-Statutes huggingface dataset:
144A.154 RATE RECOMMENDATION.
The commissioner may recommend to the commissioner of human services a review of the rates for a nursing home or boarding care home that participates in the medical assistance program that is in receivership, and that has needs or deficiencies documented by the Department of Health. If the commissioner of health determines that a review of the rate under section 256R.52 is needed, the commissioner shall provide the commissioner of human services with:
(1) a copy of the order or determination that cites the deficiency or need; and
(2) the commissioner's recommendation for additional staff and additional annual hours by type of employee and additional consultants, services, supplies, equipment, or repairs necessary to satisfy the need or deficiency.
142G.65 EMPLOYMENT AND TRAINING SERVICE PROVIDER APPEAL.
An employment and training service provider that is not included in a county's service agreement under section 142G.76, subdivision 4, because the county has demonstrated financial hardship under section 142G.54, subdivision 5, may appeal its exclusion to the commissioner of employment and economic development under this section.
An employment and training service provider that is not included by a county agency in the service agreement under section 142G.76, subdivision 4, and that meets the criteria in paragraph (b), may appeal its exclusion to the commissioner of employment and economic development, and may request alternative approval by the commissioner of employment and economic development to provide services in the county.
(a) The commissioner must act on a request for alternative approval under this section within 30 days of the receipt of the request. If after reviewing the provider's request, and the county's service agreement submitted under section 142G.76, subdivision 4, the commissioner determines that the provider meets the criteria under subdivision 2, paragraph (b), and that approval of the provider would not cause financial hardship to the county, the county must submit a revised service agreement under subdivision 4 that includes the approved provider.
(b) If the commissioner determines that the approval of the provider would cause financial hardship to the county, the commissioner must notify the provider and the county of this determination. The alternate approval process under this section shall be closed to other requests for alternate approval to provide employment and training services in the county for up to 12 months from the date that the commissioner makes a determination under this paragraph.
The commissioner of employment and economic development must notify the county agency when the commissioner grants an alternative approval to an employment and training service provider under subdivision 2. Upon receipt of the notice, the county agency must submit a revised service agreement under section 142G.76, subdivision 4, that includes the approved provider. The county has 90 days from the receipt of the commissioner's notice to submit the revised service agreement.
Notwithstanding subdivision 3, once a county meets the requirements of section 142G.54, subdivision 4, the commissioner may, but is not required to, act on a request by an employment and training services provider for alternative approval in that county.
144A.155 PLACEMENT OF MONITOR.
The commissioner may place a person to act as a monitor in a nursing home or certified boarding care home in any of the circumstances listed in clause (1) or (2):
(1) in any situation for which a receiver may be appointed under section 144A.15; or
(2) when the commissioner determines that violations of sections 144.651, 144A.01 to 144A.155, 626.557, or section 1919(b), (c), or (d), of the Social Security Act, or rules or regulations adopted under those provisions, require extended surveillance to enforce compliance or protect the health, safety, or welfare of the residents.
The monitor shall observe the operation of the home, provide advice to the home on methods of complying with state and federal rules and regulations, where documented deficiencies from the regulations exist, and periodically shall submit a written report to the commissioner on the ways in which the home meets or fails to meet state and federal rules and regulations.
The commissioner may select as monitor an employee of the department or may contract with any other individual to serve as a monitor. The commissioner shall publish a notice in the State Register that requests proposals from individuals who wish to be considered for placement as monitors and that sets forth the criteria for selecting individuals as monitors. The commissioner shall maintain a list of individuals who are not employees of the department who are interested in serving as monitors. The commissioner may contract with those individuals determined to be qualified.
A nursing home or certified boarding care home in which a monitor is placed shall pay to the department the actual costs associated with the placement, unless payment would create an undue hardship for the home.
144.06 STATE COMMISSIONER OF HEALTH TO PROVIDE INSTRUCTION.
The state commissioner of health, hereinafter referred to as the commissioner, is hereby authorized to provide instruction and advice to expectant mothers and fathers during pregnancy and to mothers, fathers, and their infants after childbirth; and to employ such persons as may be necessary to carry out the requirements of sections 144.06 and 144.07. The instruction, advice, and care shall be given only to applicants residing within the state. No person receiving aid under this section and sections 144.07 and 144.09 shall for this reason be affected thereby in any civil or political rights, nor shall the person's identity be disclosed except upon written order of the commissioner.
144.061 EARLY DENTAL PREVENTION INITIATIVE.
(a) The commissioner of health, in collaboration with the commissioner of human services, shall implement a statewide initiative to increase awareness among communities of color and recent immigrants on the importance of early preventive dental intervention for infants and toddlers before and after primary teeth appear.
(b) The commissioner shall develop educational materials and information for expectant and new parents within the targeted communities that include the importance of early dental care to prevent early cavities, including proper cleaning techniques and feeding habits, before and after primary teeth appear.
(c) The commissioner shall develop a distribution plan to ensure that the materials are distributed to expectant and new parents within the targeted communities, including, but not limited to, making the materials available to health care providers, community clinics, WIC sites, and other relevant sites within the targeted communities.
(d) In developing these materials and distribution plan, the commissioner shall work collaboratively with members of the targeted communities, dental providers, pediatricians, child care providers, and home visiting nurses.
(e) The commissioner shall, with input from stakeholders listed in paragraph (d), develop and pilot incentives to encourage early dental care within one year of an infant's teeth erupting.
144A.162 TRANSFER OF RESIDENTS WITHIN FACILITIES.
The licensee shall provide for the safe, orderly, and appropriate transfer of residents within the facility. In situations where there is a curtailment, reduction, capital improvement, or change in operations within a facility, the licensee shall minimize the number of intrafacility transfers needed to complete the project or change in operations, consider individual resident needs and preferences, and provide reasonable accommodation for individual resident requests regarding their room transfer. The licensee shall provide notice to the Office of Ombudsman for Long-Term Care and, when appropriate, the Office of Ombudsman for Mental Health and Developmental Disabilities, in advance of any notice to residents and family, when all of the following circumstances apply:
(1) the transfers of residents within the facility are being proposed due to curtailment, reduction, capital improvements or change in operations;
(2) the transfers of residents within the facility are not temporary moves to accommodate physical plan upgrades or renovation; and
(3) the transfers involve multiple residents being moved simultaneously.
144.062 VACCINE COST REDUCTION PROGRAM.
The commissioner of administration, after consulting with the commissioner of health, shall negotiate discounts or rebates on vaccine or may purchase vaccine at reduced prices. Vaccines may be offered for sale to medical care providers at the department's cost plus a fee for administrative costs. As a condition of receiving the vaccine at reduced cost, a medical care provider must agree to pass on the savings to patients. The commissioner of health may transfer money appropriated for other Department of Health programs to the commissioner of administration for the initial cost of purchasing vaccine, provided the money is repaid by the end of each state fiscal year and the commissioner of management and budget approves the transfer. Proceeds from the sale of vaccines to medical care providers, including fees collected for administrative costs, are appropriated to the commissioner of administration. If the commissioner of administration, in consultation with the commissioner of health, determines that a vaccine cost reduction program is not economically feasible or cost-effective, the commissioner may elect not to implement the program.
142G.77 INDIAN TRIBE MFIP EMPLOYMENT SERVICES.
The commissioner may enter into agreements with federally recognized Indian tribes with a reservation in the state to provide MFIP employment services to members of the Indian tribe and to other caregivers who are a part of the tribal member's MFIP assistance unit. For purposes of this section, "Indian tribe" means a tribe, band, nation, or other federally recognized group or community of Indians. The commissioner may also enter into an agreement with a consortium of Indian tribes providing the governing body of each Indian tribe in the consortium complies with the provisions of this section.
The Indian tribe must:
(1) agree to fulfill the responsibilities provided under the employment services component of MFIP regarding operation of MFIP employment services, as designated by the commissioner;
(2) operate its employment services program within a geographic service area not to exceed the counties within which a border of the reservation falls;
(3) operate its program in conformity with section 13.46 and any applicable federal regulations in the use of data about MFIP recipients;
(4) coordinate operation of its program with the county agency, Workforce Investment Act programs, and other support services or employment-related programs in the counties in which the tribal unit's program operates;
(5) provide financial and program participant activity record keeping and reporting in the manner and using the forms and procedures specified by the commissioner and permit inspection of its program and records by representatives of the state; and
(6) have the Indian tribe's employment service provider certified by the commissioner of employment and economic development, or approved by the county.
If the commissioner and an Indian tribe are parties to an agreement under this subdivision, the agreement shall annually provide to the Indian tribe the funding allocated in section 142G.76.
Indian tribal members receiving MFIP benefits and residing in the service area of an Indian tribe operating employment services under an agreement with the commissioner must be referred by county agencies in the service area to the Indian tribe for employment services.
144.064 THE VIVIAN ACT.
This section shall be known and may be cited as the "Vivian Act."
For purposes of this section, the following terms have the meanings given them:
(1) "CMV" means the human herpesvirus cytomegalovirus, also called HCMV, human herpesvirus 5, and HHV-5;
(2) "commissioner" means the commissioner of health;
(3) "congenital CMV" means the transmission of a CMV infection from a pregnant mother to her fetus; and
(4) "health care practitioner" means a health care professional who provides prenatal or postnatal care or care to infants.
(a) The commissioner shall make available to health care practitioners, women who may become pregnant, expectant parents, and parents of infants up-to-date and evidence-based information about congenital CMV that has been reviewed by experts with knowledge of the disease. The information shall include the following:
(1) the recommendation to consider testing for congenital CMV if the parent or legal guardian of the infant elected not to have newborn screening performed under section 144.125, the infant failed a newborn hearing screening, or pregnancy history suggests increased risk for congenital CMV infection;
(2) the incidence of CMV;
(3) the transmission of CMV to pregnant women and women who may become pregnant;
(4) birth defects caused by congenital CMV;
(5) available preventative measures to avoid the infection of women who are pregnant or may become pregnant; and
(6) resources available for families of children born with congenital CMV.
(b) The commissioner shall follow existing department practice, inclusive of community engagement, to ensure that the information in paragraph (a) is culturally and linguistically appropriate for all recipients.
(c) The commissioner shall establish an outreach program to:
(1) educate women who may become pregnant, expectant parents, and parents of infants about CMV; and
(2) raise awareness for CMV among health care practitioners.
(d) The Advisory Committee on Heritable and Congenital Disorders established under section 144.1255 shall review congenital CMV for inclusion on the list of tests to be performed under section 144.125. If the committee recommends and the commissioner approves the recommendation of adding congenital CMV to the newborn screening panel, the commissioner shall publish the addition in the State Register and the per specimen fee for screening under section 144.125, subdivision 1, paragraph (c), shall be increased by $43, for a total of $220 per specimen, effective upon publication in the State Register.
144A.18 ADMINISTRATOR'S LICENSES; PENALTY.
No person shall act as a nursing home administrator or purport to be a nursing home administrator unless that person is licensed by the Board of Executives for Long Term Services and Supports. A violation of this section is a misdemeanor.
144A.1888 REUSE OF FACILITIES.
Notwithstanding any local ordinance related to development, planning, or zoning to the contrary, the conversion or reuse of a nursing home that closes or that curtails, reduces, or changes operations shall be considered a conforming use permitted under local law, provided that the facility is converted to another long-term care service approved by a regional planning group under section 256R.40 that serves a smaller number of persons than the number of persons served before the closure or curtailment, reduction, or change in operations.
144.065 PREVENTION AND TREATMENT OF SEXUALLY TRANSMITTED INFECTIONS.
The state commissioner of health shall assist local health agencies and organizations throughout the state with the development and maintenance of services for the detection and treatment of sexually transmitted infections. These services shall provide for research, screening and diagnosis, treatment, case finding, investigation, and the dissemination of appropriate educational information. The state commissioner of health shall determine the composition of such services and shall establish a method of providing funds to community health boards as defined in section 145A.02, subdivision 5, state agencies, state councils, and nonprofit corporations, which offer such services. The state commissioner of health shall provide technical assistance to such agencies and organizations in accordance with the needs of the local area. Planning and implementation of services and technical assistance may be conducted in collaboration with community health boards; state agencies, including the University of Minnesota and the Department of Education; state councils; nonprofit organizations; and representatives of affected populations.
144.07 POWERS OF COMMISSIONER.
The commissioner may:
(1) make all reasonable rules necessary to carry into effect the provisions of this section and sections 144.06 and 144.09, and may amend, alter, or repeal such rules;
(2) accept private gifts for the purpose of carrying out the provisions of those sections;
(3) cooperate with agencies, whether city, state, federal, or private, which carry on work for maternal and infant hygiene;
(4) make investigations and recommendations for the purpose of improving maternity care;
(5) promote programs and services available in Minnesota for parents and families of victims of sudden infant death syndrome; and
(6) collect and report to the legislature the most current information regarding the frequency and causes of sudden infant death syndrome.
The commissioner shall include in the report to the legislature a statement of the operation of those sections.
142G.85 TANF DEMONSTRATION PROJECTS OR WAIVER FROM FEDERAL RULES AND REGULATIONS.
The commissioner of children, youth, and families may pursue TANF demonstration projects or waivers of TANF requirements from the United States Department of Health and Human Services as needed to allow the state to build a more results-oriented Minnesota Family Investment Program to better meet the needs of Minnesota families.
The purpose of the TANF demonstration projects or waivers is to:
(1) replace the federal TANF process measure and its complex administrative requirements with state-developed outcomes measures that track adult employment and exits from MFIP cash assistance;
(2) simplify programmatic and administrative requirements; and
(3) make other policy or programmatic changes that improve the performance of the program and the outcomes for participants.
144A.19 BOARD OF EXECUTIVES FOR LONG TERM SERVICES AND SUPPORTS.
There is hereby created the Board of Executives for Long Term Services and Supports which shall consist of the following members:
(1) a designee of the commissioner of health who shall be a nonvoting member;
(2) a designee of the commissioner of human services who shall be a nonvoting member; and
(3) the following members appointed by the governor:
(i) one licensed nursing home administrator member actively engaged in the management, operation, or ownership of nursing homes;
(ii) one licensed nursing home administrator or health services executive member actively engaged in the management, operation, or ownership of proprietary nursing homes or assisted living facilities;
(iii) one licensed nursing home administrator or health services executive member actively engaged in the management or operation of nonprofit nursing homes or assisted living facilities;
(iv) one licensed assisted living facility director member actively engaged in the management, operation, or ownership of assisted living facilities;
(v) one member actively engaged in the practice of medicine;
(vi) two members actively engaged in the practice of professional nursing, one practicing in nursing homes and one practicing in assisted living facilities; and
(vii) three public members as defined in section 214.02. Public members may not be current health-related license holders.
Membership terms, compensation of members, removal of members, the filling of membership vacancies, fiscal year and reporting requirements, the provision of staff, administrative services and office space, the review and processing of complaints, the setting of board fees and other provisions relating to board operations for the Board of Executives for Long Term Services and Supports shall be as provided in chapter 214.
[Repealed, 1999 c 102 s 7]
142G.95 FUNERAL EXPENSES, PAYMENT BY COUNTY AGENCY.
On the death of any person receiving public assistance through MFIP, the county agency shall attempt to contact the decedent's spouse or next of kin. If the agency is not able to contact a spouse or next of kin and the personal preferences of the decedent or the practices of the decedent's faith tradition are not known, the agency shall pay for cremation of the person's remains and the burial or interment if the spouse or next of kin does not want to take possession of the ashes. If the county agency contacts the decedent's spouse or next of kin and it is determined that cremation is not in accordance with the decedent's personal preferences or the practices of the decedent's faith tradition or the personal preferences of the decedent's spouse or the decedent's next of kin, the county agency shall pay an amount for funeral expenses including the transportation of the body into or out of the community in which the deceased resided not exceeding the amount paid for comparable services under section 261.035 plus actual cemetery charges. No cremation, burial, or funeral expenses shall be paid if the estate of the deceased is sufficient to pay such expenses or if the spouse, who was legally responsible for the support of the deceased while living, is able to pay such expenses. Freedom of choice in the selection of a funeral director shall be granted to persons lawfully authorized to make arrangements for the cremation or burial of any such deceased recipient. In determining the sufficiency of such estate, due regard shall be had for the nature and marketability of the assets of the estate. The county agency may grant cremation, burial, or funeral expenses where the sale would cause undue loss to the estate. Any amount paid for cremation, burial, or funeral expenses shall be a prior claim against the estate, as provided in section 524.3-805, and any amount recovered shall be reimbursed to the agency which paid the expenses. The commissioner shall specify requirements for reports, including fiscal reports, according to section 142A.03, subdivision 2, paragraph (o). The state share shall pay the entire amount of county agency expenditures. Benefits shall be issued to recipients by the state or county subject to provisions of section 142A.10.
144A.21 ADMINISTRATOR AND DIRECTOR LICENSES.
A nursing home administrator's license shall not be transferable. An assisted living director's license shall not be transferable.
The Board of Executives for Long Term Services and Supports by rule shall establish forms and procedures for the processing of license renewals. A nursing home administrator's license or an assisted living director's license may be renewed only in accordance with the standards adopted by the Board of Executives for Long Term Services and Supports pursuant to section 144A.24.
[Repealed, 1977 c 444 s 21]
[Repealed, 1977 c 444 s 21]
144A.22 ORGANIZATION OF BOARD.
The Board of Executives for Long Term Services and Supports shall elect from its membership a chair, vice-chair and secretary-treasurer, and shall adopt rules to govern its proceedings. Except as otherwise provided by law the Board of Executives for Long Term Services and Supports shall employ and fix the compensation and duties of an executive director and other necessary personnel to assist it in the performance of its duties. The executive director shall be in the unclassified service and shall not be a member of the Board of Executives for Long Term Services and Supports.
144.0721 ASSESSMENTS OF CARE AND SERVICES TO NURSING HOME RESIDENTS.
[Repealed, 1Sp2021 c 7 art 3 s 47]
With the exception of summary data, data on individuals that is collected, maintained, used, or disseminated by the commissioner of health under subdivision 1 is private data on individuals and shall not be disclosed to others except:
(1) under section 13.05;
(2) under a valid court order;
(3) to the nursing home or boarding care home in which the individual resided at the time the assessment was completed;
(4) to the commissioner of human services; or
(5) to county home care staff for the purpose of assisting the individual to be discharged from a nursing home or boarding care home and returned to the community.
[Repealed, 1998 c 407 art 4 s 69]
[Repealed, 1998 c 407 art 4 s 69]
144A.23 JURISDICTION OF BOARD.
Except as provided in section 144A.04, subdivision 5, the Board of Executives for Long Term Services and Supports shall have exclusive authority to determine the qualifications, skill and fitness required of any person to serve as an administrator of a nursing home or an assisted living director of an assisted living facility. The holder of a license shall be deemed fully qualified to serve as the administrator of a nursing home or director of an assisted living facility under chapter 144G.
144A.24 DUTIES OF THE BOARD.
The Board of Executives for Long Term Services and Supports shall:
(1) develop and enforce standards for licensing of nursing home administrators and assisted living directors. The standards shall be designed to assure that nursing home administrators and assisted living directors will be individuals of good character who, by training or experience, are suitably qualified to serve as nursing home administrators or assisted living directors;
(2) develop appropriate techniques, including examinations and investigations, for determining whether applicants and licensees meet the board's standards;
(3) issue licenses and permits to those individuals who are found to meet the board's standards;
(4) establish and implement procedures designed to assure that individuals licensed as nursing home administrators and assisted living directors will comply with the board's standards;
(5) receive and investigate complaints and take appropriate action consistent with chapter 214, to revoke or suspend the license or permit of a nursing home administrator or acting administrator or an assisted living director or acting director who fails to comply with sections 144A.18 to 144A.27 or the board's standards;
(6) conduct a continuing study and investigation of nursing homes and assisted living facilities, and the administrators of nursing homes and assisted living directors within the state, with a view to the improvement of the standards imposed for the licensing of administrators and directors and improvement of the procedures and methods used for enforcement of the board's standards; and
(7) approve or conduct courses of instruction or training designed to prepare individuals for licensing in accordance with the board's standards. The board may approve courses conducted within or without this state.
144A.251 MANDATORY PROCEEDINGS.
In addition to its discretionary authority to initiate proceedings under section 144A.24 and chapter 214, the Board of Executives for Long Term Services and Supports shall initiate proceedings to suspend or revoke a nursing home administrator or assisted living director license or shall refuse to renew a license if within the preceding two-year period the administrator or director was employed at a nursing home or assisted living facility which during the period of employment incurred the following number of uncorrected violations, which violations were in the jurisdiction and control of the administrator or director and for which a fine was assessed and allowed to be recovered:
(1) two or more uncorrected violations which created an imminent risk of harm to a nursing home or assisted living facility resident; or
(2) ten or more uncorrected violations of any nature.
144A.26 RECIPROCITY WITH OTHER STATES AND EQUIVALENCY OF HEALTH SERVICES EXECUTIVE.
The Board of Executives for Long Term Services and Supports may issue a nursing home administrator's license, without examination, to any person who holds a current license as a nursing home administrator from another jurisdiction if the board finds that the standards for licensure in the other jurisdiction are at least the substantial equivalent of those prevailing in this state and that the applicant is otherwise qualified.
The Board of Executives for Long Term Services and Supports may issue a health services executive license to any person who (1) has been validated by the National Association of Long Term Care Administrator Boards as a health services executive, and (2) has met the education and practice requirements for the minimum qualifications of a nursing home administrator, assisted living director, and home and community-based service provider. Licensure decisions made by the board under this subdivision are final.
144A.2511 COSTS; PENALTIES.
If the Board of Executives for Long Term Services and Supports has initiated proceedings under section 144A.24 or 144A.251 or chapter 214, and upon completion of the proceedings has found that a nursing home administrator or assisted living director has violated a provision or provisions of sections 144A.18 to 144A.27, it may impose a civil penalty not exceeding $10,000 for each separate violation, with all violations related to a single event or incident considered as one violation. The amount of the civil penalty shall be fixed so as to deprive the nursing home administrator or assisted living director of any economic advantage gained by reason of the violation charged or to reimburse the board for the cost of the investigation and proceeding. For purposes of this section, the cost of the investigation and proceeding may include, but is not limited to, fees paid for services provided by the Office of Administrative Hearings, legal and investigative services provided by the Office of the Attorney General, court reporters, witnesses, and reproduction of records.
144A.252 IMMUNITY.
Members of the Board of Executives for Long Term Services and Supports and persons employed by the board or engaged in the investigation of violations and in the preparation and management of charges of violations of sections 144A.18 to 144A.27, or of rules adopted pursuant to sections 144A.18 to 144A.27 on behalf of the board, are immune from civil liability and criminal prosecution for any actions, transactions, or publication in execution of, or relating to, their duties under sections 144A.18 to 144A.27 provided they are acting in good faith.
144A.291 FEES.
All fees are nonrefundable.
(a) Fees may not exceed the following amounts but may be adjusted lower by board direction and are for the exclusive use of the board as required to sustain board operations. The maximum amounts of fees are:
(1) application for licensure, $200;
(2) for a prospective applicant for a review of education and experience advisory to the license application, $100, to be applied to the fee for application for licensure if the latter is submitted within one year of the request for review of education and experience;
(3) state examination, $125;
(4) initial license, $250 if issued between July 1 and December 31, $100 if issued between January 1 and June 30;
(5) acting permit, $400;
(6) renewal license, $250;
(7) duplicate license, $50;
(8) reinstatement fee, $250;
(9) health services executive initial license, $250;
(10) health services executive renewal license, $250;
(11) reciprocity verification fee, $50;
(12) second shared assignment, $250;
(13) continuing education fees:
(i) greater than six hours, $50; and
(ii) seven hours or more, $75;
(14) education review, $100;
(15) fee to a sponsor for review of individual continuing education seminars, institutes, workshops, or home study courses:
(i) for less than seven clock hours, $30; and
(ii) for seven or more clock hours, $50;
(16) fee to a licensee for review of continuing education seminars, institutes, workshops, or home study courses not previously approved for a sponsor and submitted with an application for license renewal:
(i) for less than seven clock hours total, $30; and
(ii) for seven or more clock hours total, $50;
(17) late renewal fee, $75;
(18) fee to a licensee for verification of licensure status and examination scores, $30;
(19) registration as a registered continuing education sponsor, $1,000;
(20) mail labels, $75; and
(21) annual assisted living program education provider fee, $2,500.
(b) The revenue generated from the fees must be deposited in an account in the state government special revenue fund.
144.074 FUNDS RECEIVED FROM OTHER SOURCES.
The state commissioner of health may receive and accept money, property, or services from any person, agency, or other source for any public health purpose within the scope of statutory authority. All money so received is annually appropriated for those purposes in the manner and subject to the provisions of law applicable to appropriations of state funds.
144A.28 SEVERABILITY.
Any part of sections 144A.18 to 144A.27 which is in conflict with any act of Congress of the United States or any rule of a federal agency, so as to deprive nursing homes of this state of federal funds, shall be deemed void without affecting the remaining provisions of sections 144A.18 to 144A.27.
144.0742 CONTRACTS FOR PROVISION OF PUBLIC HEALTH SERVICES.
The commissioner of health is authorized to enter into contractual agreements with any public or private entity for the provision of statutorily prescribed public health services by the department. The contracts shall specify the services to be provided and the amount and method of reimbursement therefor. Funds generated in a contractual agreement made pursuant to this section are appropriated to the department for purposes of providing the services specified in the contracts. All such contractual agreements shall be processed in accordance with the provisions of chapter 16C.
144.0751 HEALTH STANDARDS.
(a) Safe drinking water or air quality standards established or revised by the commissioner of health must:
(1) be based on scientifically acceptable, peer-reviewed information; and
(2) include a reasonable margin of safety to adequately protect the health of infants, children, and adults by taking into consideration risks to each of the following health outcomes: reproductive development and function, respiratory function, immunologic suppression or hypersensitization, development of the brain and nervous system, endocrine (hormonal) function, cancer, general infant and child development, and any other important health outcomes identified by the commissioner.
(b) For purposes of this section, "peer-reviewed" means a scientifically based review conducted by individuals with substantial knowledge and experience in toxicology, health risk assessment, or other related fields as determined by the commissioner.
144.0752 CULTURAL COMMUNICATIONS.
The commissioner of health shall establish:
(1) a cultural communications program that advances culturally and linguistically appropriate communication services for communities most impacted by health disparities that include limited English proficient (LEP) populations, refugees, immigrant communities, American Indians, populations of color, LGBTQ+ populations, persons who are deaf, deafblind, or hard of hearing and who use American Sign Language, and people living with disabilities; and
(2) a position that works with department and division leadership to ensure that the department follows the National Standards for Culturally and Linguistically Appropriate Services (CLAS) Standards.
The commissioner of health shall oversee a program to:
(1) align the department services, policies, procedures, and governance with the National CLAS Standards, establish culturally and linguistically appropriate goals, policies, and management accountability, and apply them throughout the organization's planning and operations;
(2) ensure the department services respond to the cultural and linguistic diversity of Minnesotans and that the department partners with the community to design, implement, and evaluate policies, practices, and services that are aligned with the national cultural and linguistic appropriateness standard; and
(3) ensure the department leadership, workforce, and partners embed culturally and linguistically appropriate policies and practices into leadership and public health program planning, intervention, evaluation, and dissemination.
The commissioner may enter into contracts to implement this section. Organizations eligible to receive contract funding under this section include:
(1) master contractors that are selected through the state to provide language and communication services; and
(2) organizations that are able to provide services for languages that master contractors are unable to cover.
144A.27 ACTING ADMINISTRATORS.
If a licensed nursing home administrator is removed from the position by death or other unexpected cause, the controlling persons of the nursing home suffering the removal may designate an acting nursing home administrator who shall secure an acting administrator's permit within 30 days of appointment as the acting administrator.
144A.30 PETS IN NURSING HOMES.
Nursing homes may keep pet animals on the premises subject to reasonable rules as to the care, type and maintenance of the pet.
144.0754 OFFICE OF AFRICAN AMERICAN HEALTH; DUTIES.
(a) The commissioner shall establish the Office of African American Health to address the unique public health needs of African American Minnesotans. The office must work to develop solutions and systems to address identified health disparities of African American Minnesotans arising from a context of cumulative and historical discrimination and disadvantages in multiple systems, including but not limited to housing, education, employment, gun violence, incarceration, environmental factors, and health care discrimination. The office shall:
(1) convene the African American Health State Advisory Council under section 144.0755 to advise the commissioner on issues and to develop specific, targeted policy solutions to improve the health of African American Minnesotans, with a focus on United States born African Americans;
(2) based upon input from and collaboration with the African American Health State Advisory Council, health indicators, and identified disparities, conduct analysis and develop policy and program recommendations and solutions targeted at improving African American health outcomes;
(3) coordinate and conduct community engagement across multiple systems, sectors, and communities to address racial disparities in labor force participation, educational achievement, and involvement with the criminal justice system that impact African American health and well-being;
(4) conduct data analysis and research to support policy goals and solutions;
(5) award and administer African American health special emphasis grants to health and community-based organizations to plan and develop programs targeted at improving African American health outcomes, based upon needs identified by the council, health indicators, and identified disparities and addressing historical trauma and systems of United States born African American Minnesotans; and
(6) develop and administer Department of Health immersion experiences for students in secondary education and community colleges to improve diversity of the public health workforce and introduce career pathways that contribute to reducing health disparities.
(b) By January 15, 2025, and every two years thereafter, the commissioner of health shall report to the chairs and ranking minority members of the legislative committees with primary jurisdiction over health policy and finance on the work accomplished by the Office of African American Health during the previous two years and on goals of the office for the upcoming two years.
144A.33 RESIDENT AND FAMILY ADVISORY COUNCIL EDUCATION.
Each resident and family council authorized under section 144.651, subdivision 27, shall be educated and informed about the following:
(1) care in the nursing home or board and care home;
(2) resident rights and responsibilities;
(3) resident and family council organization and maintenance;
(4) laws and rules that apply to homes and residents;
(5) human relations; and
(6) resident and family self-help methods to increase quality of care and quality of life in a nursing home or board and care home.
The Minnesota Board on Aging shall provide educational services to councils.
A license application or renewal fee for nursing homes and boarding care homes under section 144.53 or 144A.07 must be increased by $5 per bed to fund the development and education of resident and family advisory councils.
All money collected by the commissioner of health under subdivision 3 must be deposited in the state treasury and credited to a special account called the nursing home advisory council fund. Money credited to the fund is appropriated to the Minnesota Board on Aging for the purposes of this section.
Each year the Minnesota Board on Aging shall evaluate the programs and funding sources established under this section.
144.0756 AFRICAN AMERICAN HEALTH SPECIAL EMPHASIS GRANT PROGRAM.
The commissioner of health shall establish the African American health special emphasis grant program administered by the Office of African American Health. The purposes of the program are to:
(1) identify disparities impacting African American health arising from cumulative and historical discrimination and disadvantages in multiple systems, including but not limited to housing, education, employment, gun violence, incarceration, environmental factors, and health care discrimination; and
(2) develop community-based solutions that incorporate a multisector approach to addressing identified disparities impacting African American health.
As directed by the commissioner of health, the Office of African American Health shall:
(1) develop a request for proposals for an African American health special emphasis grant program in consultation with community stakeholders;
(2) provide outreach, technical assistance, and program development guidance to potential qualifying organizations or entities;
(3) review responses to requests for proposals in consultation with community stakeholders and award grants under this section;
(4) establish a transparent and objective accountability process in consultation with community stakeholders, focused on outcomes that grantees agree to achieve;
(5) provide grantees with access to summary and other public data to assist grantees in establishing and implementing effective community-led solutions; and
(6) collect and maintain data on outcomes reported by grantees.
Organizations eligible to receive grant funding under this section include nonprofit organizations or entities that work with African American communities or are focused on addressing disparities impacting the health of African American communities.
In developing the requests for proposals and awarding the grants, the commissioner and the Office of African American Health shall consider building upon the existing capacity of communities and on developing capacity where it is lacking. Proposals shall focus on addressing health equity issues specific to United States-born African American communities; addressing the health impact of historical trauma; reducing health disparities experienced by United States-born African American communities; and incorporating a multisector approach to addressing identified disparities.
Grantees must report grant program outcomes to the commissioner on the forms and according to timelines established by the commissioner.
144.0757 OFFICE OF AMERICAN INDIAN HEALTH.
The Office of American Indian Health is established to address unique public health needs of American Indian Tribal communities in Minnesota. The office shall:
(1) coordinate with Minnesota's Tribal Nations and urban American Indian community-based organizations to identify underlying causes of health disparities, address unique health needs of Minnesota's Tribal communities, and develop public health approaches to achieve health equity;
(2) strengthen capacity of American Indian and community-based organizations and Tribal Nations to address identified health disparities and needs;
(3) administer state and federal grant funding opportunities targeted to improve the health of American Indians;
(4) provide overall leadership for targeted development of holistic health and wellness strategies to improve health and to support Tribal and urban American Indian public health leadership and self-sufficiency;
(5) provide technical assistance to Tribal and American Indian urban community leaders to develop culturally appropriate activities to address public health emergencies;
(6) develop and administer the department immersion experiences for American Indian students in secondary education and community colleges to improve diversity of the public health workforce and introduce career pathways that contribute to reducing health disparities; and
(7) identify and promote workforce development strategies for Department of Health staff to work with the American Indian population and Tribal Nations more effectively in Minnesota.
To carry out these duties, the office may contract with or provide grants to qualifying entities.
By January 15, 2025, and every two years thereafter, the commissioner of health shall report to the chairs and ranking minority members of the legislative committees with primary jurisdiction over health policy and finance on the work accomplished by the Office of American Indian Health during the previous two years and on goals of the office for the upcoming two years.
144.0758 AMERICAN INDIAN HEALTH SPECIAL EMPHASIS GRANTS.
The commissioner of health shall establish the American Indian health special emphasis grant program. The purposes of the program are to:
(1) plan and develop programs targeted to address continuing and persistent health disparities of Minnesota's American Indian population and improve American Indian health outcomes based upon needs identified by health indicators and identified disparities;
(2) identify disparities in American Indian health arising from cumulative and historical discrimination; and
(3) plan and develop community-based solutions with a multisector approach to addressing identified disparities in American Indian health.
The commissioner of health shall:
(1) develop a request for proposals for an American Indian health special emphasis grant program in consultation with Minnesota's Tribal Nations and urban American Indian community-based organizations based upon needs identified by the community, health indicators, and identified disparities;
(2) provide outreach, technical assistance, and program development guidance to potential qualifying organizations or entities;
(3) review responses to requests for proposals in consultation with community stakeholders and award grants under this section;
(4) establish a transparent and objective accountability process in consultation with community stakeholders focused on outcomes that grantees agree to achieve;
(5) provide grantees with access to data to assist grantees in establishing and implementing effective community-led solutions; and
(6) collect and maintain data on outcomes reported by grantees.
Organizations eligible to receive grant funding under this section are Minnesota's Tribal Nations and urban American Indian community-based organizations.
In developing the proposals and awarding the grants, the commissioner shall consider building upon the existing capacity of Minnesota's Tribal Nations and urban American Indian community-based organizations and on developing capacity where it is lacking. Proposals may focus on addressing health equity issues specific to Tribal and urban American Indian communities; addressing the health impact of historical trauma; reducing health disparities experienced by American Indian communities; and incorporating a multisector approach to addressing identified disparities.
Grantees must report grant program outcomes to the commissioner on the forms and according to the timelines established by the commissioner.