piers109uk/MN-Statutes huggingface dataset:
256S.191 ELDERLY WAIVER BUDGET AND RATE EXCEPTIONS; HIGH-NEED PARTICIPANTS.
A participant is eligible to request an elderly waiver budget and rate exception when:
(1) hospitalization of the participant is no longer medically necessary but the participant has not been discharged to the community due to lack of community care options;
(2) the participant requires a support plan that exceeds elderly waiver budgets and rates due to the participant's specific assessed needs; and
(3) the participant meets all eligibility criteria for the elderly waiver.
(a) A participant eligible under subdivision 1 may request, in a format prescribed by the commissioner, an elderly waiver budget and rate exception when requesting an eligibility determination for elderly waiver services. The participant may request an exception to the elderly waiver case mix caps, the customized living service rate limits, service rates, or any combination of the three.
(b) The participant must document in the request that the participant's needs cannot be met within the existing case mix caps, customized living service rate limits, or service rates and how an exception to any of the three will meet the participant's needs.
(c) The participant must include in the request the basis for the underlying costs used to determine the overall cost of the proposed service plan.
(d) The commissioner must respond to all exception requests, whether the request is granted, denied, or granted as modified. The commissioner must include in the response the basis for the action and provide notification of the right to appeal.
(e) Participants granted exceptions under this section must apply annually in a format prescribed by the commissioner to continue or modify the exception.
(f) A participant no longer qualifies for an exception when the participant's needs can be met within standard elderly waiver budgets and rates.
257.05 IMPORTATION.
No person, except as provided by subdivisions 2 and 3, shall bring or send into the state any child for the purpose of placing the child out or procuring the child's adoption without first obtaining the consent of the commissioner of children, youth, and families, and such person shall conform to all rules of the commissioner of children, youth, and families and laws of the state of Minnesota relating to protection of children in foster care. Before any child shall be brought or sent into the state for the purpose of being placed in foster care, the person bringing or sending the child into the state shall first notify the commissioner of children, youth, and families of the person's intention, and shall obtain from the commissioner of children, youth, and families a certificate stating that the home in which the child is to be placed is, in the opinion of the commissioner of children, youth, and families, a suitable adoptive home for the child if legal adoption is contemplated or that the home meets the commissioner's requirements for licensing of foster homes if legal adoption is not contemplated. The commissioner is responsible for protecting the child's interests so long as the child remains within the state and until the child reaches the age of 18 or is legally adopted. Notice to the commissioner shall state the name, age, and personal description of the child, and the name and address of the person with whom the child is to be placed, and such other information about the child and the foster home as may be required by the commissioner.
A parent, stepparent, grandparent, brother, sister and aunt or uncle in the first degree of the minor child who bring a child into the state for placement within their own home shall be exempt from the provisions of subdivision 1. This relationship may be by blood or marriage.
Subject to state and federal laws and rules, adoption agencies licensed under chapter 142B and Minnesota Rules, parts 9545.0755 to 9545.0845, and county social services agencies are authorized to certify that the prospective adoptive home of a child brought into the state from another country for the purpose of adoption is a suitable home, or that the home meets the commissioner's requirements for licensing of foster homes if legal adoption is not contemplated.
256R.24 OTHER OPERATING PAYMENT RATE.
Each facility's other operating cost per day is its other operating costs divided by the sum of the facility's resident days.
The commissioner must determine the median other operating cost per day using the cost reports from nursing facilities in Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington Counties.
A facility's other operating payment rate equals 105 percent of the median other operating cost per day.
256R.25 EXTERNAL FIXED COSTS PAYMENT RATE.
(a) The payment rate for external fixed costs is the sum of the amounts in paragraphs (b) to (p).
(b) For a facility licensed as a nursing home, the portion related to the provider surcharge under section 256.9657 is equal to $8.86 per resident day. For a facility licensed as both a nursing home and a boarding care home, the portion related to the provider surcharge under section 256.9657 is equal to $8.86 per resident day multiplied by the result of its number of nursing home beds divided by its total number of licensed beds.
(c) The portion related to the licensure fee under section 144.122, paragraph (d), is the amount of the fee divided by the sum of the facility's resident days.
(d) The portion related to development and education of resident and family advisory councils under section 144A.33 is $5 per resident day divided by 365.
(e) The portion related to scholarships is determined under section 256R.37.
(f) The portion related to planned closure rate adjustments is as determined under section 256R.40, subdivision 5, and Minnesota Statutes 2010, section 256B.436.
(g) The portion related to consolidation rate adjustments shall be as determined under section 144A.071, subdivisions 4c, paragraph (a), clauses (5) and (6), and 4d.
(h) The portion related to single-bed room incentives is as determined under section 256R.41.
(i) The portions related to real estate taxes, special assessments, and payments made in lieu of real estate taxes directly identified or allocated to the nursing facility are the allowable amounts divided by the sum of the facility's resident days. Allowable costs under this paragraph for payments made by a nonprofit nursing facility that are in lieu of real estate taxes shall not exceed the amount which the nursing facility would have paid to a city or township and county for fire, police, sanitation services, and road maintenance costs had real estate taxes been levied on that property for those purposes.
(j) The portion related to employer health insurance costs is the allowable costs divided by the sum of the facility's resident days.
(k) The portion related to the Public Employees Retirement Association is the allowable costs divided by the sum of the facility's resident days.
(l) The portion related to quality improvement incentive payment rate adjustments is the amount determined under section 256R.39.
(m) The portion related to performance-based incentive payments is the amount determined under section 256R.38.
(n) The portion related to special dietary needs is the amount determined under section 256R.51.
(o) The portion related to the rate adjustments for border city facilities is the amount determined under section 256R.481.
(p) The portion related to the rate adjustment for critical access nursing facilities is the amount determined under section 256R.47.
256S.202 CUSTOMIZED LIVING SERVICES; RATE LIMITS.
(a) Except for a participant assigned to case mix classification L, as described in section 256S.18, subdivision 1, paragraph (b), the customized living monthly service rate limit shall not exceed 50 percent of the monthly case mix budget cap, adjusted at least annually in the manner described under section 256S.18, subdivisions 5 and 6.
(b) The customized living monthly service rate limit for participants assigned to case mix classification L must be the monthly service rate limit for participants assigned to case mix classification A, reduced by 25 percent.
(a) The 24-hour customized living monthly service rate limit is the 95th percentile of statewide monthly authorizations for 24-hour customized living services in effect and in the Medicaid management information systems on March 31, 2009, for each case mix resident class under Minnesota Rules, parts 9549.0051 to 9549.0059, to which elderly waiver service participants are assigned, adjusted at least annually in the manner described under section 256S.18, subdivisions 5 and 6.
(b) If there are fewer than 50 authorizations in effect in the case mix resident class, the commissioner shall multiply the calculated 24-hour customized living monthly service rate limit for case mix classification A by the standard weight for that classification under Minnesota Rules, parts 9549.0051 to 9549.0059, to determine the applicable 24-hour customized living monthly service rate limit.
257.06 EXPORTATION.
No person except a parent or guardian may take or send a child out of the state for purposes of placing the child in foster care without first obtaining the approval of the commissioner of children, youth, and families.
256S.204 ALTERNATIVE RATE SYSTEM FOR 24-HOUR CUSTOMIZED LIVING SERVICES.
Notwithstanding the customized living monthly service rate limits under section 256S.202, subdivision 1, the 24-hour customized living monthly service rate limits under section 256S.202, subdivision 2, and the component service rates established under section 256S.201, subdivision 4, the commissioner may establish alternative rate systems for 24-hour customized living services in housing with services establishments that are freestanding buildings with a capacity of 16 or fewer, by applying a single hourly rate for covered component services provided in either:
(1) licensed corporate adult foster homes; or
(2) specialized dementia care units that meet the requirements of section 144D.065 and in which:
(i) participants are offered the option of having their own apartments; or
(ii) the units are licensed as board and lodge establishments with a maximum capacity of eight residents and meet the requirements of Minnesota Rules, part 9555.6205, subparts 1, 2, 3, and 4, item A.
256R.267 THRESHOLD PROJECT PROPERTY PAYMENT RATE INTERIM ADJUSTMENTS.
(a) A facility reimbursed under section 256R.26, subdivisions 1 to 8, may receive a property payment rate interim adjustment for threshold projects the cumulative cost of which during the three years between physical appraisals is between the following threshold project cost limits:
(1) the lesser of $316,816 or $10,000 per bed in service; and
(2) the greater of $1,620,943 or $20,000 per bed in service.
The commissioner shall update the threshold project cost limits each January 1 by the annual percent change in the construction cost per square foot value based on the information that is publicly available on November 1 immediately preceding the rate year.
(b) A facility seeking a property payment rate interim adjustment must request an adjustment after the threshold project is completed. The nursing facility or the lease holder must have incurred the threshold project cost subsequent to the facility's last physical appraisal. The nursing facility must submit to the commissioner all building and fixed equipment cost data related to the project within 90 days of completing the project.
(c) Effective January 1 or July 1, whichever occurs first after a facility completes a threshold project and requests the property payment rate interim adjustment, the commissioner shall add the allowable reported threshold project costs to the facility's URC under section 256R.26, subdivision 1, and to the DRC under section 256R.26, subdivision 3, before calculating an adjusted property payment rate under section 256R.26. The commissioner shall not include in the facility's limited URC threshold project costs reported to the commissioner between physical appraisals that exceed the maximum cumulative project cost limits described in paragraph (a).
(d) In subsequent property payment rate calculations following the completion of a physical appraisal, the commissioner shall eliminate any interim adjustment to the DRC and URC under paragraph (c).
(e) At the option of the commissioner, the commissioner may adjust the appraisal schedule for a nursing facility that has completed a threshold project.
(f) If more or less than three years pass between a facility's physical appraisals, the commissioner shall prorate the facility's threshold project cost limits accordingly.
(g) After the initial rate year project adjustments are allowed once annually based on the previous project completion date.
(h) Two threshold projects may not be conducted at the same time. Purchases for a second project must be made after the completion date of the first project.
256S.2101 RATE SETTING; PHASE-IN.
All rates and rate components for community access for disability inclusion customized living and brain injury customized living under section 256B.4914 must be the sum of 29.6 percent of the rates calculated under sections 256S.211 to 256S.215 and 70.4 percent of the rates calculated using the rate methodology in effect as of June 30, 2017.
Except for home-delivered meals as described in section 256S.215, subdivision 15, all rates and rate components for elderly waiver, elderly waiver customized living, and elderly waiver foster care under this chapter; alternative care under section 256B.0913; and essential community supports under section 256B.0922 shall be the sum of 18.8 percent of the rates calculated under sections 256S.211 to 256S.215, and 81.2 percent of the rates calculated using the rate methodology in effect as of June 30, 2017. The rate for home-delivered meals shall be the sum of the service rate in effect as of January 1, 2019, and the increases described in section 256S.215, subdivision 15.
[See Note.]
256S.203 CUSTOMIZED LIVING SERVICES; MANAGED CARE RATES.
The commissioner must adjust the elderly waiver capitation payment rates for managed care organizations paid to reflect the monthly service rate limits for customized living services and 24-hour customized living services established under section 256S.202 and the rate adjustments for disproportionate share facilities under section 256S.205.
Medical assistance rates paid to customized living providers by managed care organizations under this chapter must not exceed the monthly service rate limits and component rates as determined by the commissioner under sections 256S.15 and 256S.20 to 256S.202, plus any rate adjustment under section 256S.205.
257.065 AUTHORIZED CHILD-PLACING AGENCY DEFINITION.
For the purposes of this chapter and chapter 259, "authorized child-placing agency" means the local social service agency under the authority of the local social services agency or human service board, or any agency licensed by the commissioner of children, youth, and families or a comparable authority in the state or United States, to place children for foster care or adoption.
256R.32 APPEALS.
Nursing facilities may appeal, as described under section 256B.50, the determination of a payment rate established under this chapter.
257.0651 COMPLIANCE WITH INDIAN CHILD WELFARE ACT.
Sections 257.03 to 257.0725 and 260C.208 to 260C.215 must be construed consistently with the Indian Child Welfare Act of 1978, United States Code, title 25, sections 1901 to 1963.
256R.36 HOLD HARMLESS.
No nursing facility's operating payment rate, plus its employer health insurance costs portion of the external fixed costs payment rate, will be less than its prior system operating cost payment rate.
257.066 RULES.
By December 31, 1989, the commissioner of children, youth, and families shall revise Minnesota Rules, parts 9545.0750 to 9545.0830, 9560.0010 to 9560.0180, and 9560.0500 to 9560.0670 to ensure that, as conditions of licensure, social services and child-placing agencies meet the requirements of section 260C.215, subdivisions 6 and 7, and keep records in compliance with sections 257.01 and 259.79.
256S.21 RATE SETTING; APPLICATION; EVALUATION.
The rate methodologies in sections 256S.2101 to 256S.215 apply to:
(1) elderly waiver, elderly waiver customized living, and elderly waiver foster care under this chapter;
(2) alternative care under section 256B.0913;
(3) essential community supports under section 256B.0922; and
(4) community access for disability inclusion customized living and brain injury customized living under section 256B.49.
[See Note.]
(a) Beginning January 1, 2024, and every two years thereafter, the commissioner, in consultation with stakeholders, shall use all available data and resources to evaluate the following rate setting elements:
(1) the base wage index;
(2) the factors and supervision wage components; and
(3) the formulas to calculate adjusted base wages and rates.
(b) Beginning January 15, 2026, and every two years thereafter, the commissioner shall report to the chairs and ranking minority members of the legislative committees and divisions with jurisdiction over health and human services finance and policy with a full report on the information and data gathered under paragraph (a).
[See Note.]
(a) As determined by the commissioner, in consultation with stakeholders, a provider enrolled to provide services with rates determined under this chapter must submit requested cost data to the commissioner to support evaluation of the rate methodologies in this chapter. Requested cost data may include but are not limited to:
(1) worker wage costs;
(2) benefits paid;
(3) supervisor wage costs;
(4) executive wage costs;
(5) vacation, sick, and training time paid;
(6) taxes, workers' compensation, and unemployment insurance costs paid;
(7) administrative costs paid;
(8) program costs paid;
(9) transportation costs paid;
(10) vacancy rates; and
(11) other data relating to costs required to provide services requested by the commissioner.
(b) At least once in any five-year period, a provider must submit cost data for a fiscal year that ended not more than 18 months prior to the submission date. The commissioner shall provide each provider a 90-day notice prior to the provider's submission due date. If by 30 days after the required submission date a provider fails to submit required reporting data, the commissioner shall provide notice to the provider, and if by 60 days after the required submission date a provider has not provided the required data, the commissioner shall provide a second notice. The commissioner shall temporarily suspend payments to the provider if cost data is not received 90 days after the required submission date. Withheld payments must be made once data is received by the commissioner.
(c) The commissioner shall coordinate the cost reporting activities required under this section with the cost reporting activities directed under section 256B.4914, subdivision 10a.
(d) The commissioner shall analyze cost documentation in paragraph (a) and, in consultation with stakeholders, may submit recommendations on rate methodologies in this chapter, including ways to monitor and enforce the spending requirements directed in section 256S.2101, subdivision 3, through the reports directed by subdivision 2.
256R.46 SPECIALIZED CARE FACILITIES.
(a) The total care-related payment rate limit for specialized care facilities shall be increased by 50 percent.
(b) "Specialized care facilities" are defined as a facility having a program licensed under chapter 245A and Minnesota Rules, chapter 9570, or a facility with 96 beds on January 1, 2015, located in Robbinsdale that specializes in the treatment of Huntington's Disease.
257.0764 COMPLAINTS.
An ombudsperson may receive a complaint from any source concerning an action of an agency, facility, or program. After completing a review, the ombudsperson shall inform the complainant, agency, facility, or program. Services to a child shall not be unfavorably altered as a result of an investigation or complaint. An agency, facility, or program shall not retaliate or take adverse action, as defined in section 260E.07, paragraph (c), against an individual who, in good faith, makes a complaint or assists in an investigation.
256R.47 RATE ADJUSTMENT FOR CRITICAL ACCESS NURSING FACILITIES.
(a) The commissioner, in consultation with the commissioner of health, may designate certain nursing facilities as critical access nursing facilities. The designation shall be granted on a competitive basis, within the limits of funds appropriated for this purpose.
(b) The commissioner shall request proposals from nursing facilities every two years. Proposals must be submitted in the form and according to the timelines established by the commissioner. In selecting applicants to designate, the commissioner, in consultation with the commissioner of health, and with input from stakeholders, shall develop criteria designed to preserve access to nursing facility services in isolated areas, rebalance long-term care, and improve quality. To the extent practicable, the commissioner shall ensure an even distribution of designations across the state.
(c) For nursing facilities designated as critical access nursing facilities, the commissioner shall allow a supplemental payment above a facility's operating payment rate as determined to be necessary by the commissioner to maintain access to nursing facility services in isolated areas identified in paragraph (b). The commissioner must approve the amounts of supplemental payments through a memorandum of understanding. Supplemental payments to facilities under this section must be in the form of time-limited rate adjustments included in the external fixed costs payment rate under section 256R.25.
(d) Designation of a critical access nursing facility is for a maximum period of up to two years, after which the benefit allowed under paragraph (c) shall be removed. Designated facilities may apply for continued designation.
(e) The memorandum of understanding required by paragraph (c) must state that the designation of a critical access nursing facility must be removed if the facility undergoes a change of ownership as defined in section 144A.06, subdivision 2.
256R.481 RATE ADJUSTMENTS FOR BORDER CITY FACILITIES.
(a) The commissioner shall allow each nonprofit nursing facility located within the boundaries of the city of Breckenridge or Moorhead prior to January 1, 2015, to apply once annually for a rate add-on to the facility's external fixed costs payment rate.
(b) A facility seeking an add-on to its external fixed costs payment rate under this section must apply annually to the commissioner to receive the add-on. A facility must submit the application within 60 calendar days of the effective date of any add-on under this section. The commissioner may waive the deadlines required by this paragraph under extraordinary circumstances.
(c) The commissioner shall provide the add-on to each eligible facility that applies by the application deadline.
(d) The add-on to the external fixed costs payment rate is the difference on January 1 of the median total payment rate for case mix classification PA1 of the nonprofit facilities located in an adjacent city in another state and in cities contiguous to the adjacent city minus the eligible nursing facility's total payment rate for case mix classification PA1 as determined under section 256R.22, subdivision 4.
257.0765 RECOMMENDATIONS TO AGENCY.
(a) If, after reviewing a complaint or conducting an investigation and considering the response of an agency, facility, or program and any other pertinent material, the ombudsperson determines that the complaint has merit or the investigation reveals a problem, the ombudsperson may recommend that the agency, facility, or program:
(1) consider the matter further;
(2) modify or cancel its actions;
(3) alter a rule, order, or internal policy;
(4) explain more fully the action in question; or
(5) take other action as authorized under section 257.0762.
(b) At the ombudsperson's request, the agency, facility, or program shall, within a reasonable time, inform the ombudsperson about the action taken on the recommendation or the reasons for not complying with it.
257.0767 CIVIL ACTIONS.
The ombudsperson and designees are not civilly liable for any action taken under sections 257.0755 to 257.0768 if the action was taken in good faith, was within the scope of the ombudsperson's authority, and did not constitute willful or reckless misconduct.
257.0763 MATTERS APPROPRIATE FOR REVIEW.
(a) In selecting matters for review, an ombudsperson should give particular attention to actions of an agency, facility, or program that:
(1) may be contrary to law or rule;
(2) may be unreasonable, unfair, oppressive, or inconsistent with a policy or order of an agency, facility, or program;
(3) may result in abuse or neglect of a child;
(4) may disregard the rights of a child or other individual served by an agency or facility; or
(5) may be unclear or inadequately explained, when reasons should have been revealed.
(b) An ombudsperson shall, in selecting matters for review, inform other interested agencies in order to avoid duplicating other investigations or regulatory efforts, including activities undertaken by a tribal organization under the authority of sections 260.751 to 260.835.
257.0768 COMMUNITY-SPECIFIC BOARDS.
Three community-specific boards are created. Each board consists of five members. The chair of each of the following groups shall appoint the board for the community represented by the group: the Minnesota Council on Latino Affairs; the Council for Minnesotans of African Heritage; and the Council on Asian-Pacific Minnesotans. In making appointments, the chair must consult with other members of the council.
Members do not receive compensation but are entitled to receive reimbursement for reasonable and necessary expenses incurred.
Each board shall meet regularly at the request of the appointing chair or the ombudsperson.
Each board shall appoint the ombudsperson for its community. Each board shall advise and assist the ombudsperson for its community in selecting matters for attention; developing policies, plans, and programs to carry out the ombudspersons' functions and powers; establishing protocols for working with the communities of color; developing procedures for the ombudspersons' use of the subpoena power to compel testimony and evidence from nonagency individuals; and making reports and recommendations for changes designed to improve standards of competence, efficiency, justice, and protection of rights.
The membership terms, compensation, and removal of members of each board and the filling of membership vacancies are governed by section 15.0575.
The members of the three community-specific boards shall meet jointly at least four times each year to advise the ombudspersons on overall policies, plans, protocols, and programs for the office.
256R.51 RATE ADJUSTMENT FOR SPECIAL DIETARY NEEDS.
(a) The commissioner shall adjust the rates of a nursing facility that meets the criteria for the special dietary needs of its residents and the requirements in section 31.651 or 31.658. The adjustment for raw food cost shall be the difference between the nursing facility's most recently reported allowable raw food cost per resident day and 115 percent of the median allowable raw food cost per resident day. This amount shall be removed from other care-related costs per resident day as determined in section 256R.23, subdivision 3, and included in the external fixed costs payment rate under section 256R.25.
(b) In calculating a nursing facility's other care-related costs per day for the purposes of comparing to an array, a median, or other statistical measure of nursing facility payment rates used to determine future rate adjustments under this chapter, the commissioner shall exclude adjustments for raw food costs under this section.
257.0769 FUNDING FOR THE OMBUDSPERSON PROGRAM.
(a) $23,000 from the special account authorized by section 256.01, subdivision 2, paragraph (o), is annually appropriated to the Office of Ombudsperson for American Indian Families for the purpose of section 3.9215.
(b) $69,000 from the special account authorized by section 256.01, subdivision 2, paragraph (o), is annually appropriated to the Office of Ombudsperson for Families for the purposes of sections 257.0755 to 257.0768.
The commissioner shall obtain federal title IV-E financial participation for eligible activity by the ombudsperson for families under section 257.0755 and the ombudsperson for American Indian families under section 3.9215. The ombudsperson for families and the ombudsperson for American Indian families shall maintain and transmit to the Department of Children, Youth, and Families documentation that is necessary in order to obtain federal funds.
256R.52 NURSING FACILITY RECEIVERSHIP FEES.
(a) When the commissioner of health notifies the commissioner of human services that a nursing facility is subject to the receivership provisions under section 144A.15 and provides a recommendation in accordance with section 144A.154, the commissioner in consultation with the commissioner of health may establish a receivership fee that is added to a nursing facility payment. The commissioner shall reduce the requested amount by any amounts the commissioner determines are included in the nursing facility's payment rate and that are not specifically required to be paid for expenditures of the nursing facility.
A receivership fee shall be set according to paragraphs (b) and (c) and payment shall be according to paragraphs (d) to (f).
(b) The receivership fee per day shall be determined and revised as necessary by dividing the estimated amount of needed additional funding or actual additional costs of the receivership by the estimated resident days for the projected duration of the receivership.
(c) The receivership fee per day shall be added to the nursing facility's payment rate.
(d) Notification of the payment rate increase must meet the requirements of section 256R.06, subdivision 5.
(e) The payment rate in paragraph (c) for a nursing facility is effective the first day of the receivership.
(f) The commissioner may elect to make a lump-sum payment of a portion of the receivership fee to the receiver or managing agent. In this case, the commissioner and the receiver or managing agent shall agree to a repayment plan. Regardless of whether the commissioner makes a lump-sum payment under this paragraph, the provisions of paragraphs (b) to (e) apply.
(a) Upon the subsequent sale or transfer of a nursing facility in receivership, the commissioner shall seek to recover from the prior licensee any amounts paid through payment rate adjustments under subdivision 1. The prior licensee shall repay this amount to the commissioner within 60 days after the commissioner notifies the prior licensee of the obligation to repay.
(b) The commissioner may recover amounts paid through the receivership fee by means of withholding from the prior licensee payments related to any other medical assistance provider of the prior licensee in Minnesota. The prior licensee must also repay private-pay residents the amount the private-pay resident paid for the receivership fee.
(c) If a nursing facility with payment rates determined under subdivision 1 is later sold while the nursing facility is in receivership, the payment rates in effect prior to the receivership shall be the new owner's payment rates. The commissioner shall apply to these rates any rate adjustment provided to other nursing facilities for which the facility is qualified.
(d) The commissioner may adjust, reclassify, or disallow costs reported for a facility that was in receivership for periods of a reporting period during which the receivership was in effect and for the prior year.
256R.53 FACILITY SPECIFIC EXEMPTIONS.
The operating payment rate for a facility located in the city of Golden Valley at 3915 Golden Valley Road with 44 licensed rehabilitation beds as of January 7, 2015, is the sum of its direct care costs per standardized day, its other care-related costs per resident day, and its other operating costs per day.
MS 2018 [Repealed, 1Sp2019 c 9 art 4 s 30]
(a) The operating payment rate for a facility located in the city of Red Wing at 1412 West 4th Street is the sum of its direct care costs per standardized day, its other care-related costs per resident day, and its other operating costs per day.
(b) This subdivision expires June 30, 2025.
257C.01 DEFINITIONS.
The definitions in this section apply to this chapter.
(a) "De facto custodian" means an individual who has been the primary caretaker for a child who has, within the 24 months immediately preceding the filing of the petition, resided with the individual without a parent present and with a lack of demonstrated consistent participation by a parent for a period of:
(1) six months or more, which need not be consecutive, if the child is under three years of age; or
(2) one year or more, which need not be consecutive, if the child is three years of age or older.
(b) For purposes of the definition in this subdivision, any period of time after a legal proceeding has been commenced and filed must not be included in determining whether the child has resided with the individual for the required minimum period.
(c) For purposes of the definition in this subdivision, "lack of demonstrated consistent participation" by a parent means refusal or neglect to comply with the duties imposed upon the parent by the parent-child relationship, including, but not limited to, providing the child necessary food, clothing, shelter, health care, education, creating a nurturing and consistent relationship, and other care and control necessary for the child's physical, mental, or emotional health and development.
(d) "De facto custodian" does not include an individual who has a child placed in the individual's care:
(1) through a custody consent decree under section 257C.07;
(2) through a court order or voluntary placement agreement under chapter 260C; or
(3) for adoption under chapter 259.
(e) A standby custody designation under chapter 257B is not a designation of de facto custody unless that intent is indicated within the standby custody designation.
(a) "Interested third party" means an individual who is not a de facto custodian but who can prove that at least one of the factors in section 257C.03, subdivision 7, paragraph (a), is met.
(b) "Interested third party" does not include an individual who has a child placed in the individual's care:
(1) through a custody consent decree under section 257C.07;
(2) through a court order or voluntary placement under chapter 260C; or
(3) for adoption under chapter 259.
257D.01 DEFINITIONS.
For the purposes of this chapter, the terms defined in this section have the meanings given.
"Abandonment" means the parent's failure to maintain contact with an at-risk juvenile on a regular basis or to demonstrate consistent interest in an at-risk juvenile's well-being beginning at least six months prior to the at-risk juvenile reaching the age of 18, or the death of an at-risk juvenile's parent.
"Abuse" means, at any time in an at-risk juvenile's life, the infliction or threat of:
(1) psychological or emotional harm;
(2) physical injury that was not due to an accident; or
(3) sexual abuse, which includes sex trafficking as defined in section 609.321, subdivision 7a.
"At-risk juvenile" means an unmarried person who is between the ages of 18 and 21 and is potentially eligible for classification under United States Code, title 8, section 1101(a)(27)(J), as amended through December 31, 2021.
"Best interests" has the meaning given in section 260C.511, paragraph (a).
"Guardian" means an adult who has been appointed by the court as the guardian of an at-risk juvenile under this chapter. A guardian includes but is not limited to a parent.
"Mental injury" has the meaning given in section 260E.03, subdivision 13.
"Neglect" means, at any time prior to an at-risk juvenile reaching the age of 18, the failure to give an at-risk juvenile proper care that causes the juvenile's health or welfare to be harmed or placed at substantial risk of harm or causes mental injury or a substantial risk of mental injury.
"Petitioner" means the at-risk juvenile who is the subject of the petition.
257C.02 APPLICATION OF OTHER LAW; CONSTRUCTION.
(a) Chapters 256, 257, and 518 and sections 524.5-201 to 524.5-317 apply to third-party and de facto custody proceedings unless otherwise specified in this chapter. De facto or third-party child custody proceedings concerning an Indian child are child custody proceedings governed by the Indian Child Welfare Act, United States Code, title 25, sections 1901 to 1963; by the Minnesota Indian Family Preservation Act, sections 260.751 to 260.835; and by this chapter when not inconsistent with the Indian Child Welfare Act or the Minnesota Indian Family Preservation Act.
(b) Nothing in this chapter relieves a parent of a duty to support the parent's child. A preexisting child support order is not suspended or terminated when a third party takes custody of a child unless otherwise provided by court order. A de facto or third-party custodian has a cause of action against a parent for child support under section 518A.82, subdivision 5, and the public authority has a cause of action against a parent for child support under section 518A.82, subdivision 1.
(c) Nothing in this chapter prohibits the establishment of parentage under chapter 257.
257D.02 GUARDIANSHIP; PURPOSE.
The purpose of the guardianship under this chapter is to provide an at-risk juvenile with guidance, assistance, financial and emotional support, and referrals to resources necessary to either or both:
(1) meet the at-risk juvenile's needs, which include but are not limited to shelter, nutrition, and access to and receipt of psychiatric, psychological, medical, dental, educational, occupational, or other services; or
(2) protect the at-risk juvenile from sex or labor trafficking or domestic or sexual violence.
257B.02 APPLICATION OF OTHER LAW; CONSTRUCTION.
Chapters 257 and 518 and sections 524.5-101 to 524.5-502 apply to standby custodians, temporary custodians, co-custodians, custodians, and alternates unless otherwise specified in this chapter.
Nothing in this chapter may be construed to deprive a parent of any parental rights or responsibilities. A designator does not lose any custodial rights by the appointment of a standby or temporary custodian.
Nothing in this chapter may be construed to relieve any parent of a duty to support the parent's children. A preexisting child support order is not suspended or terminated during the time a child is cared for by a standby or temporary custodian, unless otherwise provided by court order. A standby custodian or temporary custodian has a cause of action for child support against an absent parent under section 518A.82, subdivision 5.
257D.04 RIGHT TO COUNSEL.
The at-risk juvenile petitioning for a guardianship and the proposed guardian named in the petition each have the right to be represented by counsel of the at-risk juvenile's or guardian's choosing and at the at-risk juvenile's or guardian's own expense.
259A.05 PROGRAM ADMINISTRATION.
The title IV-E Adoption Assistance Program shall operate according to the requirements of United States Code, title 42, sections 671 and 673, and Code of Federal Regulations, parts 1355 and 1356.
(a) AFDC relatedness is one eligibility component of title IV-E adoption assistance. The AFDC relatedness determination shall be made by an agency according to policies and procedures prescribed by the commissioner.
(b) Subject to commissioner approval, the child-placing agency shall certify a child's eligibility for adoption assistance in writing on the forms prescribed by the commissioner according to section 259A.15.
(c) Children who meet all eligibility criteria, except those specific to title IV-E, shall receive adoption assistance paid through state funds.
(d) The child-placing agency is responsible for assisting the commissioner with the administration of the adoption assistance program by conducting assessments, reassessments, negotiations, and other activities as specified by the requirements and procedures prescribed by the commissioner.
(e) The child-placing agency shall notify an adoptive parent of a child's eligibility for Medicaid in the state of residence. In Minnesota, the child-placing agency shall refer the adoptive parent to the appropriate social service agency in the parent's county of residence that administers medical assistance. The child-placing agency shall inform the adoptive parent of the requirement to comply with the rules of the applicable Medicaid program.
The commissioner shall specify procedures, requirements, and deadlines for the administration of adoption assistance in accordance with this section.
(a) Parents who adopt children with special needs must be informed of the adoption tax credit.
(b) The commissioner shall actively seek ways to promote the adoption assistance program, including informing prospective adoptive parents of eligible children under guardianship of the commissioner and the availability of adoption assistance.
The commissioner of children, youth, and families may transfer funds into the adoption assistance account when a deficit in the adoption assistance program occurs.
257D.03 JURISDICTION; PETITION.
The juvenile court has exclusive jurisdiction over all petitions for guardianship brought under this chapter.
An at-risk juvenile may petition the juvenile court for the appointment of a guardian. The petition must state the name of the proposed guardian and allege that:
(1) the appointment of a guardian is in the best interests of the at-risk juvenile;
(2) the proposed guardian is capable and reputable;
(3) both the petitioner and the proposed guardian agree to the appointment of a guardianship under this chapter;
(4) reunification of the at-risk juvenile with one or both parents is not viable because of abandonment, abuse, neglect, or a similar basis that has an effect on the at-risk juvenile comparable to abandonment, abuse, or neglect under Minnesota law; and
(5) it is not in the best interests of the at-risk juvenile to be returned to the at-risk juvenile's or at-risk juvenile's parent's previous country of nationality or last habitual residence.
257B.03 DESIGNATOR.
(a) A parent with legal and physical custody or a legal custodian may designate a standby or temporary custodian by means of a written designation unless the child has another legal parent:
(1) whose parental rights have not been terminated;
(2) whose whereabouts are known; and
(3) who is willing and able to make and carry out the daily custodial care and make decisions concerning the child.
(b) Notwithstanding paragraph (a), a parent or legal custodian may designate a standby or temporary custodian with the consent of the other parent, or as provided by section 257B.05, subdivision 6.
(c) A legal custodian pursuant to a designation of temporary custodianship may not designate a different temporary custodian.
257C.05 DE FACTO AND THIRD-PARTY CUSTODY ORDERS.
In a child custody proceeding under this chapter, the court must make any additional order it considers just and proper concerning:
(1) the legal custody of a minor child, whether sole or joint;
(2) the child's physical custody and residence;
(3) the quality and duration of parenting time and whether it is supervised or unsupervised;
(4) child support as determined under chapter 518A; and
(5) other matters reasonably affecting the best interests of the child.
All de facto and interested third-party custody orders must include Form 3: Appendix A under the Appendix of Forms in the Family Court Procedure in General Rules of Practice. The court may also notify the parties of the availability and uses of mediation.
257.33 DUTIES OF COMMISSIONER OF CHILDREN, YOUTH, AND FAMILIES; MINOR PARENTS.
[Renumbered 142A.03, subd 33]
[Renumbered 142A.03, subd 34]
257B.08 CONFLICTING DOCUMENTS.
If a parent has appointed a testamentary guardian of children by will under chapter 529 and there is a conflict between the designation in the will and a duly executed standby custodian designation, the document latest in date of execution prevails.
259A.30 REPORTING RESPONSIBILITIES.
(a) An adoptive parent who has an adoption assistance agreement shall keep the agency administering the program informed of changes in status or circumstances that would make the child ineligible for the payments or eligible for payments in a different amount.
(b) As long as the agreement is in effect, the adoptive parent agrees to notify the agency administering the program in writing within 30 days of any of the following changes:
(1) the child's or adoptive parent's legal name;
(2) the family's address;
(3) the child's legal custody status;
(4) the child's completion of high school, if this occurs after the child attains age 18;
(5) the end of an adoptive parent's legal responsibility to support the child based on termination of parental rights of the adoptive parent, transfer of guardianship to another person, or transfer of permanent legal and physical custody to another person;
(6) the end of an adoptive parent's financial support of the child;
(7) the death of the child;
(8) the death of the adoptive parent;
(9) the child enlists in the military;
(10) the child gets married;
(11) the child becomes an emancipated minor through legal action;
(12) the adoptive parents separate or divorce;
(13) the child is residing outside the adoptive home for a period of more than 30 consecutive days; and
(14) the child's status upon which eligibility for extension under section 259A.45, subdivision 2 or 3, was based.
If the adoptive parent reports information the adoptive parent knows is untrue, the adoptive parent fails to notify the commissioner of changes that may affect eligibility, or the agency administering the program receives information the adoptive parent did not report, the adoptive parent may be investigated for theft and, if charged and convicted, shall be sentenced under section 609.52, subdivision 3, clauses (1) to (5).
257D.09 APPOINTMENT OF A NEW GUARDIAN.
At any time after the approval of a guardian under section 257D.08, an at-risk juvenile or the currently appointed at-risk juvenile's guardian may petition the juvenile court for appointment of a new guardian. The petition must state the name of the proposed new guardian and set forth the facts supporting the request. The court may appoint a new guardian if the court finds that:
(1) the proposed new guardian is capable and reputable;
(2) the appointment of a new guardian is in the best interests of the at-risk juvenile; and
(3) both the at-risk juvenile and the proposed new guardian agree to the establishment of the guardianship.
257D.08 ORDER.
The court must issue an order awarding a guardianship for the purposes identified in section 257D.02 if the court finds that:
(1) the proposed guardian is capable and reputable;
(2) the guardianship is in the best interests of the at-risk juvenile;
(3) both the petitioner and the proposed guardian agree to the establishment of a guardianship under this chapter;
(4) reunification of the at-risk juvenile with one or both parents is not viable because of abandonment, abuse, neglect, or a similar basis that has an effect on the at-risk juvenile comparable to abandonment, abuse, or neglect under Minnesota law; and
(5) it is not in the best interests of the at-risk juvenile to be returned to the previous country of nationality or last habitual residence of the juvenile or the juvenile's parent or parents.
(a) The order must, where the identity is known, specifically identify the parent or parents whom the court finds have abused, abandoned, or neglected the at-risk juvenile.
(b) The order must contain the following three judicial determinations, each supported by relevant state statutory citations and written findings of fact:
(1) the at-risk juvenile is dependent on the juvenile court, and has been placed under the custody of an individual appointed by the juvenile court, through the appointment of a guardian, for the purposes of this chapter;
(2) reunification of the at-risk juvenile with one or both parents is not viable because of abandonment, abuse, or neglect or a similar basis that has an effect on the at-risk juvenile comparable to abandonment, abuse, or neglect under Minnesota law; and
(3) it is not in the best interests of the at-risk juvenile to be returned to the at-risk juvenile's or at-risk juvenile's parent's country of nationality or last habitual residence.