piers109uk/MN-Statutes huggingface dataset:
254A.171 INTERVENTION AND ADVOCACY PROGRAM.
Within the limit of money available, the commissioner shall fund voluntary outreach programs targeted at women who deliver children affected by prenatal alcohol or drug use. The programs shall help women obtain treatment, stay in recovery, and plan any future pregnancies. An advocate shall be assigned to each woman in the program to provide guidance and advice with respect to treatment programs, child safety and parenting, housing, family planning, and any other personal issues that are barriers to remaining free of substance use disorder.
256C.23 DEFINITIONS.
For the purposes of sections 256C.21 to 256C.30, the terms defined in this section shall have the meanings given them, unless the context clearly indicates otherwise.
"Culturally affirmative" describes services that are designed and delivered within the context of the culture, identity, language, communication, and life experiences of persons who are deaf, persons who are deafblind, and persons who are hard-of-hearing.
"Linguistically affirmative" describes services that are designed and delivered within the context of the language and communication experiences of persons who are deaf, persons who are deafblind, and persons who are hard-of-hearing.
"Deaf" means a hearing loss where the person communicates primarily through American Sign Language or another signed language, signing systems in English, Cued Speech, reading and writing, speech reading, or other visual communication.
"Hard-of-hearing" means a hearing loss where the person does not communicate primarily through visual communication.
"Deafblind" means any combination of vision and hearing loss where the person uses visual, auditory, or tactile strategies and skills such as the use of a tactile form of a visual or spoken language to access communication, information from the environment, or other information.
"Interpreting services" means services that include:
(1) interpreting between a spoken language, such as English, and a visual language, such as American Sign Language or another signed language;
(2) interpreting between a spoken language and a visual representation of a spoken language, such as Cued Speech or signing systems in English;
(3) interpreting within one language where the interpreter silently repeats the spoken message, replacing some words or phrases to make the message more readable;
(4) interpreting using low vision or tactile methods, signing systems, or signed languages for persons who are deafblind; and
(5) interpreting from one communication mode or language into another communication mode or language that is linguistically and culturally appropriate for the participants in the communication exchange.
[Repealed, 1Sp2017 c 6 art 1 s 54]
[Repealed by amendment, 1996 c 392 s 1]
[Repealed by amendment, 1996 c 392 s 1]
"Real-time captioning" means a method of captioning in which captions are simultaneously prepared and displayed or transmitted at the time of origination by specially trained real-time captioners.
"Family and community intervener" means a person who is specifically trained in deafblindness and works one-on-one with a child who is deafblind to provide critical access to language, communication, people, and the environment.
254B.17 WITHDRAWAL MANAGEMENT START-UP AND CAPACITY-BUILDING GRANTS.
The commissioner must establish start-up and capacity-building grants for prospective or new withdrawal management programs licensed under chapter 245F that will meet medically monitored or clinically monitored levels of care. Grants may be used for expenses that are not reimbursable under Minnesota health care programs, including but not limited to:
(1) costs associated with hiring staff;
(2) costs associated with staff retention;
(3) the purchase of office equipment and supplies;
(4) the purchase of software;
(5) costs associated with obtaining applicable and required licenses;
(6) business formation costs;
(7) costs associated with staff training; and
(8) the purchase of medical equipment and supplies necessary to meet health and safety requirements.
256.02 INVESTIGATIONS; EXAMINATIONS; SUPERVISION.
The commissioner of human services shall investigate the whole system of public charities and charitable institutions in the state, especially infirmaries and public hospitals, and examine their condition and management. The commissioner may require the officers in charge of any such institution to furnish such information and statistics as the commissioner deems necessary, upon blanks furnished by the commissioner. The commissioner shall examine all plans for new infirmaries, or for repairs at an estimated cost of over $200, before the same are adopted by the county or other municipal board, and have an advisory supervision over all such institutions. Upon the request of the governor, the commissioner shall specially investigate any charitable institution and report its condition; and for this purpose the commissioner is hereby authorized to send for persons and papers, administer oaths, and take testimony to be transcribed and included in the report.
[Temporary]
254B.18 SAFE RECOVERY SITES START-UP AND CAPACITY-BUILDING GRANTS.
(a) The commissioner of human services must establish start-up and capacity-building grants for current or prospective harm reduction organizations to promote health, wellness, safety, and recovery to people who are in active stages of substance use disorder. Grants must be used to establish safe recovery sites that offer harm reduction services and supplies, including but not limited to:
(1) safe injection spaces;
(2) sterile needle exchange;
(3) opiate antagonist rescue kits;
(4) fentanyl and other drug testing;
(5) street outreach;
(6) educational and referral services;
(7) health, safety, and wellness services; and
(8) access to hygiene and sanitation.
(b) The commissioner must conduct local community outreach and engagement in collaboration with newly established safe recovery sites. The commissioner must evaluate the efficacy of safe recovery sites and collect data to measure health-related and public safety outcomes.
(c) The commissioner must prioritize grant applications for organizations that are culturally specific or culturally responsive and that commit to serving individuals from communities that are disproportionately impacted by the opioid epidemic, including:
(1) Native American, American Indian, and Indigenous communities; and
(2) Black, African American, and African-born communities.
(d) For purposes of this section, a "culturally specific" or "culturally responsive" organization is an organization that is designed to address the unique needs of individuals who share a common language, racial, ethnic, or social background, and is governed with significant input from individuals of that specific background.
256B.038 PROVIDER RATE INCREASES AFTER JUNE 30, 1999.
(a) For fiscal years beginning on or after July 1, 1999, the commissioner of management and budget shall include an annual inflationary adjustment in payment rates for the services listed in paragraph (b) as a budget change request in each biennial detailed expenditure budget submitted to the legislature under section 16A.11. The adjustment shall be accomplished by indexing the rates in effect for inflation based on the change in the Consumer Price Index-All Items (United States city average)(CPI-U) as forecasted by Data Resources, Inc., in the fourth quarter of the prior year for the calendar year during which the rate increase occurs.
(b) Within the limits of appropriations specifically for this purpose, the commissioner shall apply the rate increases in paragraph (a) to home and community-based waiver services for persons with developmental disabilities under section 256B.501; home and community-based waiver services for the elderly under chapter 256S; waivered services under community access for disability inclusion under section 256B.49; community alternative care waivered services under section 256B.49; brain injury waivered services under section 256B.49; nursing services and home health services under section 256B.0625, subdivision 6a; personal care services and nursing supervision of personal care services under section 256B.0625, subdivision 19a; home care nursing services under section 256B.0625, subdivision 7; day training and habilitation services for adults with developmental disabilities under sections 252.41 to 252.46; physical therapy services under section 256B.0625, subdivision 8; occupational therapy services under section 256B.0625, subdivision 8a; speech-language therapy services under Minnesota Rules, part 9505.0390; respiratory therapy services under Minnesota Rules, part 9505.0295; physician services under section 256B.0625, subdivision 3; dental services under section 256B.0625, subdivision 9; alternative care services under section 256B.0913; adult residential program grants under section 245.73; adult and family community support grants under Minnesota Rules, parts 9535.1700 to 9535.1760; and semi-independent living services under section 252.275, including SILS funding under county social services grants formerly funded under chapter 256I.
(c) The commissioner shall increase prepaid medical assistance program capitation rates as appropriate to reflect the rate increases in this section.
(d) In implementing this section, the commissioner shall consider proposing a schedule to equalize rates paid by different programs for the same service.
253D.31 DISCHARGE.
A person who is committed as a sexually dangerous person or a person with a sexual psychopathic personality shall not be discharged unless it appears to the satisfaction of the judicial appeal panel, after a hearing and recommendation by a majority of the special review board, that the committed person is capable of making an acceptable adjustment to open society, is no longer dangerous to the public, and is no longer in need of treatment and supervision.
In determining whether a discharge shall be recommended, the special review board and judicial appeal panel shall consider whether specific conditions exist to provide a reasonable degree of protection to the public and to assist the committed person in adjusting to the community. If the desired conditions do not exist, the discharge shall not be granted.
256.023 ONE HUNDRED PERCENT COUNTY ASSISTANCE.
The commissioner of human services may maintain client records and issue public assistance benefits that are over state and federal standards or that are not required by state or federal law, providing the cost of benefits is paid by the counties to the Department of Human Services.
254A.20 DUTIES OF COMMISSIONER RELATED TO CHEMICAL HEALTH.
The commissioner shall develop a directory that identifies key characteristics of each licensed substance use disorder treatment program.
253D.32 SCOPE OF COMMUNITY NOTIFICATION.
Notification of the public and disclosure of information under section 244.052, subdivision 4, regarding an individual who was committed under this chapter or Minnesota Statutes 1992, section 526.10, is as provided under section 244.052, subdivision 4, paragraphs (b), clause (3), and (g), and subdivision 4b, regardless of the individual's assigned risk level. The restrictions under section 244.052, subdivision 4, paragraph (b), clause (3), placed on disclosing information on individuals living in residential facilities do not apply to persons committed under this section or Minnesota Statutes 1992, section 526.10. The local law enforcement agency may proceed with the broadest disclosure authorized under section 244.052, subdivision 4.
(a) After four years from the date of an order for provisional discharge or discharge of civil commitment, the individual may petition the executive director to have the scope of notification and disclosure based solely upon the individual's assigned risk level under section 244.052.
(b) If an individual's provisional discharge is revoked for any reason, the four-year time period under paragraph (a) starts over from the date of a subsequent order for provisional discharge or discharge except that the executive director may, in that person's sole discretion, determine that the individual may petition before four years have elapsed from the date of the order of the subsequent provisional discharge or discharge and notify the individual of that determination.
(c) The executive director shall appoint a multidisciplinary committee to review and make a recommendation on a petition made under paragraph (a). The executive director may grant or deny the petition. There is no review or appeal of the decision. If a petition is denied, the individual may petition again after two years from the date of denial.
(d) Nothing in this chapter shall be construed to give an individual an affirmative right to petition the executive director earlier than four years after the date of an order for provisional discharge or discharge.
The executive director shall act in place of the individual's corrections agent for the purpose of section 244.052, subdivision 3, paragraph (h), when the individual is not assigned to a corrections agent.
254B.191 EVIDENCE-BASED TRAINING.
The commissioner of human services must establish training opportunities for substance use disorder treatment providers under chapters 245F and 245G, and applicable Tribal licenses, to increase knowledge and develop skills to adopt evidence-based and promising practices in substance use disorder treatment programs. Training opportunities must support the transition to American Society of Addiction Medicine (ASAM) standards. Training formats may include self or organizational assessments, virtual modules, one-to-one coaching, self-paced courses, interactive hybrid courses, and in-person courses. Foundational and skill-building training topics may include:
(1) ASAM criteria;
(2) person-centered and culturally responsive services;
(3) medical and clinical decision making;
(4) conducting assessments and appropriate level of care;
(5) treatment and service planning;
(6) identifying and overcoming systems challenges;
(7) conducting clinical case reviews; and
(8) appropriate and effective transfer and discharge.
256C.26 EMPLOYMENT SERVICES.
The commissioner of employment and economic development shall work with the Deaf, DeafBlind, and Hard of Hearing State Services Division to develop and implement a plan to deal with the underemployment of persons who are deaf, persons who are deafblind, and persons who are hard-of-hearing.
256K.10 GRANTS FOR PERSONS WITH SERIOUS AND PERSISTENT MENTAL ILLNESS.
The commissioner shall establish a statewide program to assist counties in providing services to persons with serious and persistent mental illness as defined in section 245.462, subdivision 20. The commissioner shall make grants to counties to establish, operate, or contract with private providers to provide services designed to help persons with serious and persistent mental illness remain and function in their own communities. Grants received pursuant to this section may be used to fund community support services programs as specified in section 245.462, subdivision 6, and case management activities that cannot be billed to the medical assistance program under sections 256B.02, subdivision 8, and 256B.0625.
To apply for a grant a county board shall submit an application and budget for the use of the money in the form specified by the commissioner. The commissioner shall make grants only to counties whose applications and budgets are approved by the commissioner. A county receiving a grant under this section shall finance at least ten percent of the cost of services for persons with serious and persistent mental illness from local resources, which may include private contributions and federal money.
The commissioner shall allocate grants under this section to finance up to 90 percent of each county's costs for services to persons with serious and persistent mental illness. The commissioner shall promulgate permanent rules to govern grant applications, approval of applications, allocation of grants, and maintenance of financial statements by grant recipients. The commissioner shall specify requirements for reports, including quarterly fiscal reports, according to section 256.01, subdivision 2, paragraph (p). The commissioner shall require collection of data and periodic reports as the commissioner deems necessary to demonstrate the effectiveness of the services in helping persons with serious and persistent mental illness remain and function in their own communities.
For calendar year 1992 and all subsequent years, the commissioner shall allocate the money appropriated under this section on a calendar year basis. The commissioner may continue to allocate part of the money on a state fiscal year basis for special projects.
253D.35 AFTERCARE SERVICES.
The Minnesota Sex Offender Program shall provide the supervision, aftercare, and case management services for a person under commitment as a sexually dangerous person or a person with a sexual psychopathic personality. The designated agency, as defined in section 253B.02, subdivision 5, shall assist with eligibility for public welfare benefits and will provide those services that are available exclusively through county government.
Prior to the date of discharge or provisional discharge of any person committed as a sexually dangerous person or a person with a sexual psychopathic personality, the executive director shall establish a continuing plan of aftercare services for the committed person, including a plan for medical and behavioral health services, financial sustainability, housing, social supports, or other assistance the committed person needs. The Minnesota Sex Offender Program shall provide case management services and shall assist the committed person in finding employment, suitable shelter, and adequate medical and behavioral health services and otherwise assist in the committed person's readjustment to the community.
256B.041 CENTRALIZED DISBURSEMENT OF MEDICAL ASSISTANCE PAYMENTS.
The state agency shall establish on a statewide basis a system for the centralized disbursement of medical assistance payments to vendors.
An account is established in the state treasury from which medical assistance payments to vendors shall be made. Into this account there shall be deposited federal funds, state funds, county funds, and other moneys which are available and which may be paid to the state agency for medical assistance payments and reimbursements from counties or others for their share of such payments.
The state agency shall prescribe and furnish vendors suitable forms for submitting claims under the medical assistance program.
The state agency in establishing a statewide system of centralized disbursement of medical assistance payments shall comply with federal requirements in order to receive the maximum amount of federal funds which are available for the purpose, together with such additional federal funds which may be made available for the operation of a centralized system of disbursement of medical assistance payments to vendors.
[Repealed, 2010 c 382 s 87]
The commissioners of human services and administration may contract with any agency of government or any corporation for providing all or a portion of the services for carrying out the provisions of this section. Local welfare agencies may pay vendors of transportation for nonemergency medical care when so authorized by rule of the commissioner of human services.
Federal funds available for administrative purposes shall be distributed between the state and the county on the same basis that reimbursements are earned, except as provided for under section 256.017.
253D.36 DISCHARGE; ADMINISTRATIVE PROCEDURES.
Upon discharge from commitment under this chapter, administrative procedures shall be carried out, to the extent applicable, under section 253B.20.
268B.11 SELF-EMPLOYED AND INDEPENDENT CONTRACTOR ELECTION OF COVERAGE.
(a) A self-employed individual or independent contractor may file with the commissioner by electronic transmission in a format prescribed by the commissioner an application to be entitled to benefits under this chapter for a period not less than 104 consecutive calendar weeks. Upon the approval of the commissioner, sent by United States mail or electronic transmission, the individual is entitled to benefits under this chapter beginning the calendar quarter after the date of approval or beginning in a later calendar quarter if requested by the self-employed individual or independent contractor. The individual ceases to be entitled to benefits as of the first day of January of any calendar year only if, at least 30 calendar days before the first day of January, the individual has filed with the commissioner by electronic transmission in a format prescribed by the commissioner a notice to that effect.
(b) The commissioner may terminate any application approved under this section with 30 calendar days' notice sent by United States mail or electronic transmission if the self-employed individual is delinquent on any premiums due under this chapter. If an approved application is terminated in this manner during the first 104 consecutive calendar weeks of election, the self-employed individual remains obligated to pay the premium under subdivision 3 for the remainder of that 104-week period.
A self-employed individual who applies for coverage under this section must provide the commissioner with (1) the amount of the individual's net earnings from self-employment, if any, from the most recent taxable year and all tax documents necessary to prove the accuracy of the amounts reported, and (2) any other documentation the commissioner requires. A self-employed individual who is covered under this chapter must annually provide the commissioner with the amount of the individual's net earnings from self-employment within 30 days of filing a federal income tax return.
A self-employed individual who elects to receive coverage under this chapter must annually pay a premium as provided in section 268B.14, subdivision 6, clause (1), times the lesser of:
(1) the individual's self-employment premium base; or
(2) the maximum earnings subject to the FICA Old-Age, Survivors, and Disability Insurance tax.
Notwithstanding anything to the contrary, a self-employed individual who has applied to and been approved for coverage by the commissioner under this section is entitled to benefits on the same basis as an employee under this chapter, except that a self-employed individual's weekly benefit amount under section 268B.04, subdivision 1, must be calculated as a percentage of the self-employed individual's self-employment premium base, rather than wages.
256C.261 SERVICES FOR PERSONS WHO ARE DEAFBLIND.
(a) The commissioner of human services shall use at least 60 percent of the deafblind services biennial base level grant funding for programs, services, and supports for adults who are deafblind and for children who are deafblind and the children's families.
(b) The commissioner shall award grants for the purposes of providing programs, services, and supports to persons who are deafblind.
(c) The commissioner may make grants:
(1) for services and training provided by organizations to persons who are deafblind;
(2) to develop and administer consumer-directed services for persons who are deafblind; and
(3) to develop and provide training to counties and service providers on how to meet the needs of persons who are deafblind.
(d) Consumer-directed services must be provided in whole by grant-funded providers.
(e) Deafblind service providers may, but are not required to, provide intervener services as part of the service package provided with grant funds under this section. Intervener services include services provided by a family and community intervener as described in paragraph (f).
(f) The family and community intervener, as defined in section 256C.23, subdivision 7, provides services to open channels of communication between the child and others; facilitates the development or use of receptive and expressive communication skills by the child; and develops and maintains a trusting, interactive relationship that promotes social and emotional well-being. The family and community intervener also provides access to information and the environment and facilitates opportunities for learning and development. A family and community intervener must have specific training in deafblindness, building language and communication skills, and intervention strategies.
256.027 USE OF VANS PERMITTED.
The commissioner, after consultation with the commissioner of public safety, shall prescribe procedures to permit the occasional use of lift-equipped vans that have been financed, in whole or in part, by public money to transport an individual whose own lift-equipped vehicle is unavailable because of equipment failure and who is thus unable to complete a trip home or to a medical facility. The commissioner shall encourage publicly financed lift-equipped vans to be made available to a county sheriff's department, and to other persons who are qualified to drive the vans and who are also qualified to assist the individual in need of transportation, for this purpose.
256B.043 COST-CONTAINMENT EFFORTS.
The commissioner of human services, through the medical director and in consultation with the Health Services Advisory Council established under section 256B.0625, subdivision 3c, as part of the commissioner's ongoing duties, shall consider the potential for improving quality and obtaining cost savings through greater use of alternative and complementary treatment methods and clinical practice; shall incorporate these methods into the medical assistance and MinnesotaCare programs; and shall make related legislative recommendations as appropriate. The commissioner shall post the recommendations required under this subdivision on agency websites.
(a) The commissioners of human services and health, as part of their ongoing duties, shall consider the adequacy of the current system of community health clinics and centers both statewide and in urban areas with significant disparities in health status and access to services across racial and ethnic groups, including:
(1) methods to provide 24-hour availability of care through the clinics and centers;
(2) methods to expand the availability of care through the clinics and centers;
(3) the use of grants to expand the number of clinics and centers, the services provided, and the availability of care; and
(4) the extent to which increased use of physician assistants, advanced practice registered nurses, medical residents and interns, and other allied health professionals in clinics and centers would increase the availability of services.
(b) The commissioners shall make departmental modifications and legislative recommendations as appropriate on the basis of their considerations under paragraph (a).
268B.13 EMPLOYER PREMIUM ACCOUNTS.
The commissioner must maintain a premium account for each employer. The commissioner must assess the premium account for all the premiums due under section 268B.14, and credit the family and medical benefit insurance account with all premiums paid.
256.028 TAX REBATES.
Any federal or state tax rebate received by a recipient of a public assistance program shall not be counted as income or as an asset for purposes of any of the public assistance programs under this chapter or any other chapter, including, but not limited to, chapter 142G, 256B, 256D, 256E, 256I, or 256L to the extent permitted under federal law.
256B.05 ADMINISTRATION BY COUNTY AGENCIES.
The county agencies shall administer medical assistance in their respective counties under the supervision of the state agency and the commissioner of human services as specified in section 256.01, and shall make such reports, prepare such statistics, and keep such records and accounts in relation to medical assistance as the state agency may require under section 256.01, subdivision 2, paragraph (o).
In administering the medical assistance program, no local social services agency shall pay a fee or charge for medical, dental, surgical, hospital, nursing, licensed nursing home care, medicine, or medical supplies in excess of the schedules of maximum fees and charges as established by the state agency.
Notwithstanding the provisions of subdivision 2, the commissioner of human services shall establish a schedule of maximum allowances to be paid by the state on behalf of recipients of medical assistance toward fees charged for services rendered such medical assistance recipients.
[Repealed, 1987 c 403 art 2 s 164]
The local agency must act on an application for medical assistance within ten working days of receipt of all information needed to act on the application but no later than required under Minnesota Rules, part 9505.0090, subparts 2 and 3.
256.0281 INTERAGENCY DATA EXCHANGE.
The Department of Human Services, the Department of Health, and the Office of the Ombudsman for Mental Health and Developmental Disabilities may establish interagency agreements governing the electronic exchange of data on providers and individuals collected, maintained, or used by each agency when such exchange is outlined by each agency in an interagency agreement to accomplish the purposes in clauses (1) to (4):
(1) to improve provider enrollment processes for home and community-based services and state plan home care services;
(2) to improve quality management of providers between state agencies;
(3) to establish and maintain provider eligibility to participate as providers under Minnesota health care programs; or
(4) to meet the quality assurance reporting requirements under federal law under section 1915(c) of the Social Security Act related to home and community-based waiver programs.
Each interagency agreement must include provisions to ensure anonymity of individuals, including mandated reporters, and must outline the specific uses of and access to shared data within each agency. Electronic interfaces between source data systems developed under these interagency agreements must incorporate these provisions as well as other HIPAA provisions related to individual data.
268B.145 INCOME TAX WITHHOLDING AND STATE TAXATION.
If the Internal Revenue Service determines that benefits received under this chapter are subject to federal income tax, the applicant may elect to have federal income tax deducted and withheld from the applicant's benefits.
Benefits received under this chapter are subject to state income tax. If the applicant elects to have federal income tax withheld, the applicant may, in addition, elect to have Minnesota state income tax withheld.
Upon filing an application for benefits, the applicant must be informed that:
(1) benefits are subject to federal and state income tax;
(2) there are requirements for filing estimated tax payments;
(3) the applicant may elect to have federal income tax withheld from benefits;
(4) if the applicant elects to have federal income tax withheld, the applicant may, in addition, elect to have Minnesota state income tax withheld; and
(5) at any time during the benefit year the applicant may change a prior election.
If an applicant elects to have federal income tax withheld, the commissioner must deduct ten percent for federal income tax. If an applicant also elects to have Minnesota state income tax withheld, the commissioner must make an additional five percent deduction for state income tax. Any amount deducted under section 268B.06 has priority over any amounts deducted under this section. Federal income tax withholding has priority over state income tax withholding. An election to have income tax withheld may not be retroactive and only applies to benefits paid after the election.
The amount of any benefits deducted under this section remains in the family and medical benefit insurance account until transferred to the Internal Revenue Service, or the Department of Revenue, as an income tax payment on behalf of the applicant.
Any error that resulted in underwithholding or overwithholding under this section must not be corrected retroactively.
Any amount deducted under this section is considered as benefits paid to the applicant.
256C.30 DUTIES OF HUMAN SERVICES COMMISSIONER.
(a) As described in this section, the commissioner of human services must enter into grant agreements with television stations to make live local news programming accessible to persons who are deaf, persons who are hard-of-hearing, and persons who are deafblind as defined in section 256C.23.
(b) The grant agreements must provide for:
(1) real-time captioning services for broadcasting that is not emergency broadcasting subject to Code of Federal Regulations, title 47, section 79.2;
(2) real-time captioning services for commercial broadcasters in areas of Minnesota where commercial broadcasters are not subject to the live programming closed-captioning requirements of Code of Federal Regulations, title 47, section 79.1(d); and
(3) real-time captioning for large-market noncommercial broadcasters who produce live news programming.
(c) For the purposes of this section, "real-time captioning" means a method of captioning in which captions are simultaneously prepared and transmitted at the time of origination by specially trained real-time captioners.
268.03 PUBLIC PURPOSE OF THE MINNESOTA UNEMPLOYMENT INSURANCE PROGRAM.
The public purpose of this chapter is: Economic insecurity because of involuntary unemployment of workers in Minnesota is a subject of general concern that requires appropriate action by the legislature. The public good is promoted by providing workers who are unemployed through no fault of their own a temporary partial wage replacement to assist the unemployed worker to become reemployed. This program is the "Minnesota unemployment insurance program."
MS 2006 [Renumbered 268.031]
256.029 DOMESTIC VIOLENCE INFORMATIONAL BROCHURE.
(a) The commissioner shall provide a domestic violence informational brochure that provides information about the existence of domestic violence waivers for eligible public assistance applicants to all applicants of general assistance, medical assistance, and MinnesotaCare. The brochure must explain that eligible applicants may be temporarily waived from certain program requirements due to domestic violence. The brochure must provide information about services and other programs to help victims of domestic violence.
(b) The brochure must be funded with TANF funds.
(c) The commissioner must work with the commissioner of children, youth, and families to create a brochure that meets the requirements of this section and section 142G.05.
268.031 STANDARD OF PROOF; STATUTORY INTERPRETATION AND APPLICATION.
All issues under the Minnesota Unemployment Insurance Law are determined by a preponderance of the evidence.
This chapter is remedial in nature and must be applied in favor of awarding unemployment benefits. Any legal conclusion that results in an applicant being ineligible for unemployment benefits must be fully supported by the facts. In determining eligibility or ineligibility for benefits, any statutory provision that would preclude an applicant from receiving benefits must be narrowly construed.
268B.155 CHILD SUPPORT DEDUCTION FROM BENEFITS.
As used in this section:
(1) "child support agency" means the public agency responsible for child support enforcement, including federally approved comprehensive Tribal IV-D programs; and
(2) "child support obligations" means obligations that are being enforced by a child support agency in accordance with a plan described in United States Code, title 42, sections 454 and 455, of the Social Security Act that has been approved by the secretary of health and human services under part D of title IV of the Social Security Act. This does not include any type of spousal maintenance or foster care payments.
In an application for family or medical leave benefits, the applicant must disclose if child support obligations are owed and, if so, in what state and county. If child support obligations are owed, the commissioner must, if the applicant establishes a leave, notify the child support agency.
[See Note.]
The commissioner must deduct and withhold from any family or medical leave benefits payable to an applicant who owes child support obligations:
(1) the amount required under a proper order of a court or administrative agency; or
(2) if clause (1) is not applicable, the amount determined under an agreement under United States Code, title 42, section 454(20)(B)(i), of the Social Security Act; or
(3) if clause (1) or (2) is not applicable, the amount specified by the applicant.
Any amount deducted and withheld must be paid to the child support agency, must for all purposes be treated as if it were paid to the applicant as family or medical leave benefits and paid by the applicant to the child support agency in satisfaction of the applicant's child support obligations.
The child support agency must pay the costs incurred by the commissioner in the implementation and administration of this section and sections 518A.50 and 518A.53.
268.032 ELECTRONIC TRANSMISSION; WHEN ALLOWED; SENDING TO LAST KNOWN ADDRESS REQUIRED.
(a) If any required notice, determination, or decision issued under this chapter provides that the commissioner may send the notice, determination, or decision by mail or electronic transmission, the commissioner may send the notice, determination, or decision to an applicant or employer by electronic transmission only if the applicant or employer has affirmatively indicated that the applicant or employer would prefer required notices, determinations, or decisions be sent by electronic transmission rather than by mail. An applicant or employer may withdraw an indicated preference for electronic transmission.
(b) If any required notice, determination, or decision issued under this chapter is sent by mail to an applicant or an employer, the notice, determination, or decision must be sent to the last known address. If any required notice, determination, or decision issued under this chapter is sent by electronic transmission, the notice, determination, or decision must be sent to the last known electronic address of the applicant or employer. If any required notice, determination, or decision issued under this chapter is sent by electronic transmission and the commissioner is notified that the electronic address of the applicant or employer is no longer in service, the commissioner must then send the required notice, determination, or decision by mail to the last known address.
268B.16 COMPROMISE.
(a) The commissioner may compromise in whole or in part any action, determination, or decision that affects only an employer and not an applicant. This paragraph applies if it is determined by a court of law, or a confession of judgment, that an applicant, while employed, wrongfully took from the employer $500 or more in money or property.
(b) The commissioner may at any time compromise any premium or reimbursement due from an employer under this chapter.
(c) Any compromise involving an amount over $10,000 must be authorized by an attorney licensed to practice law in Minnesota who is an employee of the department designated by the commissioner for that purpose.
(d) Any compromise must be in the best interest of the state of Minnesota.
268.033 COMPUTATION OF TIME.
The computation of time provisions of sections 645.15 and 645.151 apply to this chapter.
268B.17 ADMINISTRATIVE COSTS.
Beginning January 1, 2026, and each calendar year thereafter, the commissioner may spend up to seven percent of projected benefit payments for that calendar year for the administration of this chapter. The department may enter into interagency agreements with the Department of Labor and Industry and the Department of Commerce, including agreements to transfer funds, subject to the limit in this section, for the Department of Labor and Industry to fulfill its enforcement authority of this chapter and for the Department of Commerce to fulfill the requirements of this chapter.
256K.49 EMERGENCY SERVICES GRANTS.
(a) The definitions in this subdivision apply to this section.
(b) "Commissioner" means the commissioner of human services.
(c) "Eligible organization" means a local governmental unit, federally recognized Tribal Nation, or nonprofit organization providing or seeking to provide emergency services for homeless persons.
(d) "Emergency services" means:
(1) providing emergency shelter for homeless persons; and
(2) assisting homeless persons in obtaining essential services, including:
(i) access to permanent housing;
(ii) medical and psychological help;
(iii) employment counseling and job placement;
(iv) substance abuse treatment;
(v) financial assistance available from other programs;
(vi) emergency child care;
(vii) transportation; and
(viii) other services needed to stabilize housing.
An emergency services grant program is established to provide homeless persons essential services and emergency shelter in safe, sanitary, and decent facilities. The grant program is to help eligible organizations improve the quality of existing shelters, make available other emergency housing, meet the operating and maintenance costs of shelters, and provide essential services to homeless persons. The program shall be administered by the commissioner.
The commissioner shall make grants so as to ensure that emergency services are available to meet the needs of homeless persons statewide.
The commissioner may require a grantee to match the grant amount with $1 of nonstate funds for every $2 of grant funds. The match may be in-kind, including the value of volunteer time, or in cash, or a combination of the two.
An eligible organization may apply to the commissioner for a grant to initiate, maintain, or expand a program providing emergency services for homeless persons. The commissioner shall determine the timing and form of the application for the program.
The commissioner shall award grants based on the following criteria:
(1) that the application is for a grant to provide emergency services;
(2) evidence of the applicant's need for state assistance and of the need for the particular emergency services to be funded; and
(3) long-range plans for future funding if the need continues to exist for the emergency services.
In order to collect uniform data to measure better the nature and extent of the need for emergency services, grant recipients shall collect and make available to the commissioner the following information:
(1) the number of persons who seek emergency shelter and where they are seeking shelter;
(2) the number of persons for whom shelter is provided and where, by age, sex, and whether as an individual or part of a family;
(3) the reasons for seeking assistance;
(4) the length of stay;
(5) the reasons for leaving the shelter; and
(6) the demand for essential services.
268.034 COMPUTATIONS OF MONEY ROUNDED DOWN.
Computations of money required under this chapter that do not result in a whole dollar are rounded down to the next lower whole dollar, unless specifically provided otherwise by law.
268B.18 PUBLIC OUTREACH.
Beginning in fiscal year 2026, the commissioner must use at least 0.5 percent of projected benefit payments under section 268B.17 for the purpose of outreach, education, and technical assistance for employees, employers, and self-employed individuals eligible to elect coverage under section 268B.11. The department may enter into interagency agreements with the Department of Labor and Industry and the Department of Commerce, including agreements to transfer funds, subject to the limit in section 268B.17, to accomplish the requirements of this section. At least one-half of the amount spent under this section must be used for grants to community-based groups.
268B.19 EMPLOYER MISCONDUCT; PENALTY.
(a) The commissioner must penalize an employer if that employer or any employee, officer, or agent of that employer is in collusion with any applicant for the purpose of assisting the applicant in receiving benefits fraudulently. The penalty is $500 or the amount of benefits determined to be overpaid, whichever is greater.
(b) The commissioner must penalize an employer if that employer or any employee, officer, or agent of that employer:
(1) made a false statement or representation knowing it to be false;
(2) made a false statement or representation without a good-faith belief as to the correctness of the statement or representation; or
(3) knowingly failed to disclose a material fact.
(c) The penalty is the greater of $500 or 50 percent of the following resulting from the employer's action:
(1) the amount of any overpaid benefits to an applicant;
(2) the amount of benefits not paid to an applicant that would otherwise have been paid; or
(3) the amount of any payment required from the employer under this chapter that was not paid.
(d) Penalties must be paid within 30 calendar days of issuance of the determination of penalty and credited to the family and medical benefit insurance account.
256D.07 TIME OF PAYMENT OF ASSISTANCE.
An applicant for general assistance shall be deemed eligible if the application and the verification of the statement on that application demonstrate that the applicant is within the eligibility criteria established by sections 256D.01 to 256D.21 and any applicable rules of the commissioner. Any person requesting general assistance shall be permitted by the county agency to make an application for assistance as soon as administratively possible and in no event later than the fourth day following the date on which assistance is first requested, and no county agency shall require that a person requesting assistance appear at the offices of the county agency more than once prior to the date on which the person is permitted to make the application. Applications must be submitted according to section 256P.04, subdivision 1a. On the date that general assistance is first requested, the county agency shall inquire and determine whether the person requesting assistance is in immediate need of food, shelter, clothing, assistance for necessary transportation, or other emergency assistance pursuant to section 256D.06, subdivision 2. A person in need of emergency assistance shall be granted emergency assistance immediately, and necessary emergency assistance shall continue for up to 30 days following the date of application. A determination of an applicant's eligibility for general assistance shall be made by the county agency as soon as the required verifications are received by the county agency and in no event later than 30 days following the date that the application is made. Any verifications required of the applicant shall be reasonable, and the commissioner shall by rule establish reasonable verifications. General assistance shall be granted to an eligible applicant without the necessity of first securing action by the board of the county agency. The first month's grant must be computed to cover the time period starting with the date of application or from the date that the applicant meets all eligibility factors, whichever occurs later.
If upon verification and due investigation it appears that the applicant provided false information and the false information materially affected the applicant's eligibility for general assistance or the amount of the applicant's general assistance grant, the county agency may refer the matter to the county attorney. The county attorney may commence a criminal prosecution or a civil action for the recovery of any general assistance wrongfully received, or both.