reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 254A — Treatment For Alcohol And Drug Abuse › Section 254A.16 — Responsibilities Of The Commissioner.

254A.16 RESPONSIBILITIES OF THE COMMISSIONER.
Subdivision 1.
[Repealed, 2014 c 262 art 3 s 18]
Subd. 2.
Program and service guidelines.
(a) The commissioner shall provide program and service guidelines and technical assistance to the county boards in carrying out services authorized under section 254A.08.
(b) The commissioner shall recommend to the governor means of improving the efficiency and effectiveness of comprehensive program services in the state and maximizing the use of nongovernmental funds for providing comprehensive programs.
Subd. 3.
[Repealed, 1994 c 529 s 19]
Subd. 4.
[Repealed, 1994 c 529 s 19]
Subd. 5.
[Repealed, 2007 c 147 art 11 s 27]
Subd. 6.
MS 2022 [Repealed, 2023 c 50 art 2 s 63]
History:
1976 c 125 s 7; 1979 c 324 s 48; 1982 c 607 s 14; 1984 c 545 s 5,6; 1987 c 85 s 1; 1997 c 7 art 2 s 39; 2007 c 147 art 11 s 11; 2009 c 79 art 7 s 6
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 254A — Treatment For Alcohol And Drug Abuse › Section 254A.171 — Intervention And Advocacy Program.

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.
History:
2007 c 147 art 4 s 2; 2022 c 98 art 4 s 51
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 254A — Treatment For Alcohol And Drug Abuse › Section 254A.20 — Duties Of Commissioner Related To Chemical Health.

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.
History:
2007 c 147 art 8 s 15; 2022 c 98 art 4 s 51
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 254B — Substance Use Disorder Treatment › Section 254B.02 — Substance Use Disorder Allocation Process.

254B.02 SUBSTANCE USE DISORDER ALLOCATION PROCESS.
Subdivision 1.
Substance use disorder treatment allocation.
The substance use disorder treatment appropriation shall be placed in a special revenue account. The money in the special revenue account must be used according to the requirements in this chapter.
Subd. 2.
[Repealed, 1Sp2010 c 1 art 19 s 24]
Subd. 3.
[Repealed, 1Sp2010 c 1 art 19 s 24]
Subd. 4.
[Repealed, 1Sp2010 c 1 art 19 s 24]
Subd. 5.
Local agency allocation.
The commissioner may make payments to local agencies from money allocated under this section to support individuals with substance use disorders. The payment must not be less than 133 percent of the local agency payment for the fiscal year ending June 30, 2009, adjusted in proportion to the statewide change in the appropriation for this chapter.
History:
1986 c 394 s 9; 1987 c 299 s 4-7; 1989 c 282 art 2 s 103; 1995 c 207 art 3 s 13; 1997 c 85 art 4 s 7; 1997 c 203 art 4 s 6; art 7 s 16; 1999 c 159 s 32; 1Sp2001 c 9 art 3 s 4; 2002 c 379 art 1 s 113; 2007 c 147 art 11 s 12,13; 1Sp2010 c 1 art 19 s 9,10; 1Sp2019 c 9 art 6 s 42; 2022 c 98 art 4 s 51; 2023 c 70 art 9 s 23
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 254B — Substance Use Disorder Treatment › Section 254B.051 — Substance Use Disorder Treatment Effectiveness.

254B.051 SUBSTANCE USE DISORDER TREATMENT EFFECTIVENESS.
In addition to the substance use disorder treatment program performance outcome measures that the commissioner of human services collects annually from treatment providers, the commissioner shall request additional data from programs that receive appropriations from the behavioral health fund. This data shall include number of client readmissions six months after release from inpatient treatment, and the cost of treatment per person for each program receiving behavioral health funds. The commissioner may post this data on the department website.
History:
2008 c 234 s 6; 1Sp2017 c 6 art 8 s 61; 2021 c 30 art 13 s 83
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 254B — Substance Use Disorder Treatment › Section 254B.06 — Reimbursement; Payment; Denial.

254B.06 REIMBURSEMENT; PAYMENT; DENIAL.
Subdivision 1.
State collections.
The commissioner is responsible for all collections from persons determined to be partially responsible for the cost of care of an eligible person receiving services under Laws 1986, chapter 394, sections 8 to 20. The commissioner may initiate, or request the attorney general to initiate, necessary civil action to recover the unpaid cost of care. The commissioner may collect all third-party payments for substance use disorder services provided under Laws 1986, chapter 394, sections 8 to 20, including private insurance and federal Medicaid and Medicare financial participation. The remaining receipts must be deposited in the behavioral health fund.
Subd. 2.
Allocation of collections.
The commissioner shall allocate 77.05 percent of patient payments and third-party payments to the special revenue account and 22.95 percent to the county financially responsible for the patient.
Subd. 3.
Payment; denial.
The commissioner shall pay eligible vendors for placements made by local agencies under section 254B.03, subdivision 1, and placements by tribal designated agencies according to section 254B.09. The commissioner may reduce or deny payment of the state share when services are not provided according to the placement criteria established by the commissioner. The commissioner may pay for all or a portion of improper county substance use disorder placements and bill the county for the entire payment made when the placement did not comply with criteria established by the commissioner. The commissioner may make payments to vendors and charge the county 100 percent of the payments if documentation of a county approved placement is received more than 30 working days, exclusive of weekends and holidays, after the date services began. The commissioner shall not pay vendors until private insurance company claims have been settled.
Subd. 4.
Reimbursement for institutions for mental diseases.
The commissioner shall not deny reimbursement to a program designated as an institution for mental diseases under United States Code, title 42, section 1396d, due to a reduction in federal financial participation and the addition of new residential beds.
History:
1986 c 394 s 13; 1987 c 299 s 15; 1989 c 282 art 2 s 107; 1992 c 513 art 7 s 13; 1Sp1993 c 1 art 3 s 21; 2007 c 147 art 11 s 16; 1Sp2010 c 1 art 19 s 14; 1Sp2011 c 9 art 8 s 5; 2016 c 189 art 16 s 8,9; 1Sp2019 c 9 art 6 s 50,51; 2021 c 30 art 13 s 83; 2022 c 98 art 4 s 51
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 254B — Substance Use Disorder Treatment › Section 254B.07 — Third-party Liability.

254B.07 THIRD-PARTY LIABILITY.
The state agency provision and payment of, or liability for, substance use disorder medical care is the same as in section 256B.042.
History:
1986 c 394 s 14; 1Sp2017 c 6 art 8 s 62
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 254B — Substance Use Disorder Treatment › Section 254B.08 — Federal Waivers.

254B.08 FEDERAL WAIVERS.
The commissioner shall apply for any federal waivers necessary to secure, to the extent allowed by law, federal financial participation for the provision of services to persons who need substance use disorder services. The commissioner may seek amendments to the waivers or apply for additional waivers to contain costs. The commissioner shall ensure that payment for the cost of providing substance use disorder services under the federal waiver plan does not exceed the cost of substance use disorder services that would have been provided without the waivered services.
History:
1986 c 394 s 15; 1987 c 299 s 16; 1988 c 689 art 2 s 268; 1990 c 568 art 2 s 60; 1Sp2017 c 6 art 8 s 63
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 254B — Substance Use Disorder Treatment › Section 254B.09 — Indian Reservation Allocation Of Behavioral Health Fund.

254B.09 INDIAN RESERVATION ALLOCATION OF BEHAVIORAL HEALTH FUND.
Subdivision 1.
Vendor payments.
The commissioner shall pay eligible vendors for substance use disorder services to American Indians on the same basis as other payments, except that no local match is required when an invoice is submitted by the governing authority of a federally recognized American Indian tribal body or a county if the tribal governing body has not entered into an agreement under subdivision 2 on behalf of a current resident of the reservation under this section.
Subd. 2.
American Indian agreements.
The commissioner may enter into agreements with federally recognized tribal units to pay for substance use disorder treatment services provided under Laws 1986, chapter 394, sections 8 to 20. The agreements must clarify how the governing body of the tribal unit fulfills local agency responsibilities regarding the form and manner of invoicing.
Subd. 3.
[Repealed, 1989 c 282 art 2 s 219]
Subd. 4.
[Repealed, 1Sp2010 c 1 art 19 s 24]
Subd. 5.
[Repealed, 1Sp2010 c 1 art 19 s 24]
Subd. 6.
American Indian tribal placements.
After entering into an agreement under subdivision 2, the governing authority of each reservation may submit invoices to the state for the cost of providing substance use disorder services to residents of the reservation according to the placement rules governing county placements, except that local match requirements are waived. The governing body may designate an agency to act on its behalf to provide placement services and manage invoices by written notice to the commissioner and evidence of agreement by the agency designated.
Subd. 7.
[Repealed, 1Sp2010 c 1 art 19 s 24]
Subd. 8.
Payments to improve services to American Indians.
The commissioner may set rates for substance use disorder services to American Indians according to the American Indian Health Improvement Act, Public Law 94-437, for eligible vendors. These rates shall supersede rates set in county purchase of service agreements when payments are made on behalf of clients eligible according to Public Law 94-437.
History:
1985 c 248 s 70; 1986 c 394 s 16; 1987 c 299 s 17-19; 1988 c 532 s 12; 1989 c 282 art 2 s 108-110; 1997 c 203 art 4 s 8-10; 1Sp2001 c 9 art 3 s 7; 2002 c 275 s 1; 2002 c 379 art 1 s 113; 2009 c 79 art 7 s 11; 1Sp2010 c 1 art 19 s 15; 1Sp2017 c 6 art 8 s 64; 2023 c 25 s 133
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 254B — Substance Use Disorder Treatment › Section 254B.12 — Rate Methodology.

254B.12 RATE METHODOLOGY.
Subdivision 1.
Behavioral health fund rate methodology established.
The commissioner shall establish a new rate methodology for the behavioral health fund. The new methodology must replace county-negotiated rates with a uniform statewide methodology that must include a graduated reimbursement scale based on the patients' level of acuity and complexity. At least biennially, the commissioner shall review the financial information provided by vendors to determine the need for rate adjustments.
Subd. 2.
Payment methodology for highly specialized vendors.
Notwithstanding subdivision 1, the commissioner shall seek federal authority to develop separate payment methodologies for substance use disorder treatment services provided under the behavioral health fund: (1) by a state-operated vendor; or (2) for persons who have been civilly committed to the commissioner, present the most complex and difficult care needs, and are a potential threat to the community. A payment methodology under this subdivision is effective for services provided on or after October 1, 2015, or on or after the receipt of federal approval, whichever is later.
Subd. 3.
Substance use disorder provider rate increase.
For the substance use disorder services listed in section 254B.05, subdivision 5, and provided on or after July 1, 2017, payment rates shall be increased by one percent over the rates in effect on January 1, 2017, for vendors who meet the requirements of section 254B.05.
Subd. 4.
Culturally specific or culturally responsive program and disability responsive program provider rate increase.
For the substance use disorder services listed in section 254B.05, subdivision 5, provided by programs that meet the requirements of section 254B.05, subdivision 5, paragraph (c), clauses (1), (2), and (3), on or after January 1, 2022, payment rates shall increase by five percent over the rates in effect on January 1, 2021. The commissioner shall increase prepaid medical assistance capitation rates as appropriate to reflect this increase.
History:
2009 c 79 art 7 s 13; 2011 c 86 s 9; 2014 c 312 art 29 s 4; 2015 c 71 art 2 s 21; 1Sp2017 c 6 art 8 s 65,66; 2021 c 30 art 13 s 83; 1Sp2021 c 7 art 11 s 12; 2022 c 98 art 4 s 51
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 254B — Substance Use Disorder Treatment › Section 254B.121 — Rate Methodology; Substance Use Disorder Treatment Services With Medications For Opioid Use Disorder.

254B.121 RATE METHODOLOGY; SUBSTANCE USE DISORDER TREATMENT SERVICES WITH MEDICATIONS FOR OPIOID USE DISORDER.
Subdivision 1.
Rates established.
Notwithstanding sections 254B.03, subdivision 9, paragraph (a), clause (2); 254B.05, subdivision 5, paragraph (a); and 254B.12, subdivision 1, the commissioner shall use the rates in this section for substance use disorder treatment services with medications for opioid use disorder.
Subd. 2.
Rate updates.
Effective each January 1, the commissioner must update the rates for substance use disorder treatment services with medications for opioid use disorder that are licensed according to sections 245G.01 to 245G.17 and 245G.22, or applicable Tribal license, to equal the corresponding Minnesota-specific, locality-adjusted Medicare rates for the same or comparable services in the calendar year in which the services are provided. This rate does not apply to federally qualified health centers, rural health centers, Indian health services, and certified community behavioral health centers.
Subd. 3.
Nondrug weekly bundle annual limit.
No more than 30 weekly nondrug bundle charges are eligible for coverage in the first calendar year that an enrollee is being treated by an opioid treatment provider and no more than 15 weekly nondrug bundle charges are eligible for coverage in subsequent calendar years. The commissioner may override the coverage limitation on the number of weekly nondrug bundle charges for an enrollee if the provider obtains authorization to exceed the limit and documents the medical necessity, services to be provided, and rationale for requiring the enrollee to report to the provider's facility for a face-to-face encounter more frequently.
History:
2023 c 61 art 4 s 11
NOTE:
This section, as added by Laws 2023, chapter 61, article 4, section 11, is effective upon federal approval. The commissioner shall notify the revisor of statutes when federal approval is obtained. Laws 2023, chapter 61, article 4, section 11, the effective date.
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 254B — Substance Use Disorder Treatment › Section 254B.151 — Substance Use Disorder Community Of Practice.

254B.151 SUBSTANCE USE DISORDER COMMUNITY OF PRACTICE.
Subdivision 1.
Establishment; purpose.
The commissioner of human services, in consultation with substance use disorder subject matter experts, shall establish a substance use disorder community of practice. The purposes of the community of practice are to improve treatment outcomes for individuals with substance use disorders and reduce disparities by using evidence-based and best practices through peer-to-peer and person-to-provider sharing.
Subd. 2.
Participants; meetings.
(a) The community of practice must include the following participants:
(1) researchers or members of the academic community who are substance use disorder subject matter experts, who do not have financial relationships with treatment providers;
(2) substance use disorder treatment providers;
(3) representatives from recovery community organizations;
(4) a representative from the Department of Human Services;
(5) a representative from the Department of Health;
(6) a representative from the Department of Corrections;
(7) representatives from county social services agencies;
(8) representatives from tribal nations or tribal social services providers; and
(9) representatives from managed care organizations.
(b) The community of practice must include individuals who have used substance use disorder treatment services and must highlight the voices and experiences of individuals who are Black, indigenous, people of color, and people from other communities that are disproportionately impacted by substance use disorders.
(c) The community of practice must meet regularly and must hold its first meeting before January 1, 2022.
(d) Compensation and reimbursement for expenses for participants in paragraph (b) are governed by section 15.059, subdivision 3.
Subd. 3.
Duties.
(a) The community of practice must:
(1) identify gaps in substance use disorder treatment services;
(2) enhance collective knowledge of issues related to substance use disorder;
(3) understand evidence-based practices, best practices, and promising approaches to address substance use disorder;
(4) use knowledge gathered through the community of practice to develop strategic plans to improve outcomes for individuals who participate in substance use disorder treatment and related services in Minnesota;
(5) increase knowledge about the challenges and opportunities learned by implementing strategies; and
(6) develop capacity for community advocacy.
(b) The commissioner, in collaboration with subject matter experts and other participants, may issue reports and recommendations to the legislative chairs and ranking minority members of committees with jurisdiction over health and human services policy and finance and local and regional governments.
History:
1Sp2021 c 7 art 11 s 13
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 254B — Substance Use Disorder Treatment › Section 254B.17 — Withdrawal Management Start-up And Capacity-building Grants.

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.
History:
2023 c 61 art 4 s 12
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 254B — Substance Use Disorder Treatment › Section 254B.18 — Safe Recovery Sites Start-up And Capacity-building Grants.

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.
History:
2023 c 61 art 4 s 13
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 254B — Substance Use Disorder Treatment › Section 254B.191 — Evidence-based Training.

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.
History:
2023 c 61 art 4 s 15
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 256 — Human Services › Section 256.011 — Administration Of Federal Grants-in-aid.

256.011 ADMINISTRATION OF FEDERAL GRANTS-IN-AID.
Subdivision 1.
Administration of grants-in-aid.
If, when and during such time as grants-in-aid are provided by the federal government for relief of the poor and accepted by this state, such aid shall be administered pursuant to and in accordance with rules promulgated and adopted by the commissioner of human services; and during such time any provision of Minnesota Statutes 1945, chapter 261, as amended by Laws 1947, chapter 546, of Minnesota Statutes 1945, chapter 262, and of Minnesota Statutes 1945, chapter 263, in conflict with such rules shall be and remain, to the extent of such conflict, inoperative and suspended.
Subd. 2.
Treatment of grants-in-aid.
Grants-in-aid received from the federal government for any welfare, assistance or relief program or for administration under the jurisdiction of the commissioner of human services shall, in the first instance, be credited to a federal grant fund and shall be transferred therefrom to the credit of the commissioner of human services in the appropriate account upon certification of the commissioner of human services that the amounts so requested to be transferred have been earned or are required for the purposes and programs intended. Moneys received by the federal grant fund need not be budgeted as such, provided transfers from the fund are budgeted for allotment purposes in the appropriate appropriations.
Subd. 3.
Securing grants-in-aid.
The commissioner of human services shall negotiate with the federal government, or any agency, bureau, or department thereof, for the purpose of securing or obtaining any grants or aids. Any grants or aids thus secured or received are appropriated to the commissioner of human services and made available for the uses and purposes for which they were received but shall be used to reduce the direct appropriations provided by law unless federal law prohibits such action or unless the commissioner of human services obtains approval of the governor who shall seek the advice of the Legislative Advisory Commission.
History:
1949 c 618 s 2; 1953 c 593 s 2; 1976 c 163 s 56; 1984 c 654 art 5 s 58; 1985 c 248 s 70
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 256 — Human Services › Section 256.0121 — Southern Cities Community Health Clinic.

256.0121 SOUTHERN CITIES COMMUNITY HEALTH CLINIC.
Subdivision 1.
Service provision.
The commissioner of human services shall offer medically necessary psychiatric and dental services to developmentally disabled clients in the Faribault service area through the Southern Cities Community Health Clinic. For purposes of this requirement, the Faribault service area is expanded to also include geographic areas of the state within 100 miles of Faribault.
Subd. 2.
Consultation required.
The commissioner of human services shall consult with providers of psychiatric and dental services to developmentally disabled clients, family members of developmentally disabled clients, the chairs of the house of representatives and senate committees with jurisdiction over health and human services fiscal issues, and the exclusive representatives when considering policy changes related to:
(1) the future of the Southern Cities Community Health Clinic;
(2) the services currently provided by that clinic to developmentally disabled clients in the Faribault regional center catchment area; and
(3) changes in the model for providing those services.
Subd. 3.
Guarantee of service availability; legislative notice.
(a) The Department of Human Services shall guarantee the provision of medically necessary psychiatric and dental services to developmentally disabled clients in the Faribault service area through the Southern Cities Community Health Clinic until or unless other appropriate arrangements have been made to provide those clients with those services and the requirements of paragraph (b) are met.
(b) The commissioner shall notify the chairs of the house of representatives and senate committees with jurisdiction over health and human services fiscal issues of plans to use other arrangements to provide medically necessary psychiatric and dental services to developmentally disabled clients in the Faribault service area. The commissioner must not implement these arrangements unless a regular legislative session has convened and adjourned since the date notice was given under this paragraph.
History:
2000 c 465 s 6
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 256 — Human Services › Section 256.014 — State And County Systems.

256.014 STATE AND COUNTY SYSTEMS.
Subdivision 1.
Establishment of systems.
(a) The commissioner of human services shall establish and enhance computer systems necessary for the efficient operation of medical assistance and other programs the commissioner supervises.
(b) The commissioner's development costs incurred by computer systems for statewide programs administered by that computer system and mandated by state or federal law must not be assessed against county agencies. The commissioner may charge a county for development and operating costs incurred by computer systems for functions requested by the county and not mandated by state or federal law for programs administered by the computer system incurring the cost.
(c) The commissioner shall distribute the nonfederal share of the costs of operating and maintaining the systems to the commissioner and to the counties participating in the system in a manner that reflects actual system usage, except that the nonfederal share of the costs of the MAXIS computer system for statewide programs administered by that system and mandated by state or federal law shall be borne entirely by the commissioner.
The commissioner may enter into contractual agreements with federally recognized Indian Tribes with a reservation in Minnesota to participate in state-operated computer systems related to the management and administration of the medical assistance program to the extent necessary for the Tribe to operate the medical assistance program or any other program under the supervision of the commissioner.
[See Note.]
Subd. 2.
State systems account created.
A state systems account for the Department of Human Services is created in the state treasury. Money collected by the commissioner of human services for the programs in subdivision 1 must be deposited in the account. Money in the state systems account and federal matching money is appropriated to the commissioner of human services for purposes of this section.
[See Note.]
Subd. 3.
[Repealed, 2005 c 98 art 2 s 18]
Subd. 4.
Issuance operations center.
Payments to the commissioner from other governmental units and private enterprises for: services performed by the issuance operations center; or reports generated by the payment and eligibility systems must be deposited in the account created under subdivision 2. These payments are appropriated to the commissioner for the operation of the issuance center or system, according to the provisions of this section.
History:
1Sp1986 c 1 art 8 s 4; 1989 c 282 art 5 s 5; 1990 c 568 art 4 s 84; 1993 c 4 s 24; 1995 c 207 art 2 s 21; 1998 c 407 art 6 s 8; 1999 c 245 art 1 s 18; 1Sp2003 c 14 art 1 s 106; 2009 c 175 art 2 s 1; 2016 c 158 art 2 s 56; 1Sp2019 c 9 art 1 s 42; 2023 c 70 art 12 s 19,20
NOTE:
The amendments to subdivisions 1 and 2 by Laws 2023, chapter 70, article 12, sections 19 and 20, are effective July 1, 2024. Laws 2023, chapter 70, article 12, sections 19 and 20, the effective dates.
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 256 — Human Services › Section 256.016 — Plain Language In Written Materials.

256.016 PLAIN LANGUAGE IN WRITTEN MATERIALS.
(a) To the extent reasonable and consistent with the goals of providing easily understandable and readable materials and complying with federal and state laws governing the programs, all written materials relating to services and determinations of eligibility for or amounts of benefits that will be given to applicants for or recipients of assistance under a program administered or supervised by the commissioner of human services must be understandable to a person who reads at the seventh-grade level, using the Flesch scale analysis readability score as determined under section 72C.09.
(b) All written materials relating to determinations of eligibility for or amounts of benefits that will be given to applicants for or recipients of assistance under programs administered or supervised by the commissioner of human services must be developed to satisfy the plain language requirements of the Plain Language Contract Act under sections 325G.29 to 325G.36. Materials may be submitted to the attorney general for review and certification. Notwithstanding section 325G.35, subdivision 1, the attorney general shall review submitted materials to determine whether they comply with the requirements of section 325G.31. The remedies available pursuant to sections 8.31 and 325G.33 to 325G.36 do not apply to these materials. Failure to comply with this section does not provide a basis for suspending the implementation or operation of other laws governing programs administered by the commissioner.
(c) The requirements of this section apply to all materials modified or developed by the commissioner on or after July 1, 1988. The requirements of this section do not apply to materials that must be submitted to a federal agency for approval, to the extent that application of the requirements prevents federal approval.
(d) Nothing in this section may be construed to prohibit a lawsuit brought to require the commissioner to comply with this section or to affect individual appeal rights granted pursuant to section 256.045.
History:
1988 c 689 art 2 s 123; 1997 c 7 art 2 s 41
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 256 — Human Services › Section 256.0161 — Forecast On Children's Health Care Services.

256.0161 FORECAST ON CHILDREN'S HEALTH CARE SERVICES.
Beginning November 2011, and as part of its annual November and February forecasts thereafter, the commissioner of human services shall provide an accounting of health care expenditures for persons aged birth to 22 years, separate from expenditures for enrolled parents, for all services provided in a Minnesota public health care program.
History:
2011 c 29 s 1
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 256 — Human Services › Section 256.018 — County Public Assistance Incentive Fund.

256.018 COUNTY PUBLIC ASSISTANCE INCENTIVE FUND.
The commissioner shall grant incentive awards of money specifically appropriated for this purpose to counties: (1) that have not been assessed an administrative penalty under section 256.017 in the corresponding fiscal year; and (2) that perform satisfactorily according to indicators established by the commissioner.
After consultation with county agencies, the commissioner shall inform county agencies in writing of the performance indicators that govern the awarding of the incentive fund for each fiscal year by April of the preceding fiscal year.
The commissioner may set performance indicators to govern the awarding of the total fund, may allocate portions of the fund to be awarded by unique indicators, or may set a sole indicator to govern the awarding of funds.
The funds shall be awarded to qualifying county agencies according to their share of benefits for the programs related to the performance indicators governing the distribution of the fund or part of it as compared to the total benefits of all qualifying county agencies for the programs related to the performance indicators governing the distribution of the fund or part of it.
History:
1988 c 719 art 8 s 3; 1989 c 282 art 2 s 113; 1990 c 568 art 4 s 84
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 256 — Human Services › Section 256.019 — Recovery Of Money; Apportionment.

256.019 RECOVERY OF MONEY; APPORTIONMENT.
Subdivision 1.
Retention rates.
When an assistance recovery amount is collected and posted by a county agency under the provisions governing public assistance programs including general assistance medical care formerly codified in chapter 256D, general assistance, and Minnesota supplemental aid, the county may keep one-half of the recovery made by the county agency using any method other than recoupment. For medical assistance, if the recovery is made by a county agency using any method other than recoupment, the county may keep one-half of the nonfederal share of the recovery. For MinnesotaCare, if the recovery is collected and posted by the county agency, the county may keep one-half of the nonfederal share of the recovery.
This does not apply to recoveries from medical providers or to recoveries begun by the Department of Human Services' Surveillance and Utilization Review Division, State Hospital Collections Unit, and the Benefit Recoveries Division or, by the attorney general's office, or child support collections. In the Supplemental Nutrition Assistance Program (SNAP), the nonfederal share of recoveries in the federal tax offset program only will be divided equally between the state agency and the involved county agency.
Subd. 2.
Retention rates for AFDC and MFIP.
(a) When an assistance recovery amount is collected and posted by a county agency under the provisions governing the aid to families with dependent children program formerly codified in 1996 in sections 256.72 to 256.87 or MFIP under chapter 256J, the commissioner shall reimburse the county agency from the proceeds of the recovery using the applicable rate specified in paragraph (b) or (c).
(b) For recoveries of overpayments made on or before September 30, 1996, from the aid to families with dependent children program including the emergency assistance program, the commissioner shall reimburse the county agency at a rate of one-quarter of the recovery made by any method other than recoupment.
(c) For recoveries of overpayments made after September 30, 1996, from the aid to families with dependent children including the emergency assistance program and programs funded in whole or in part by the temporary assistance to needy families program under section 256J.02, subdivision 2, and recoveries of nonfederally funded food assistance under section 256J.11, the commissioner shall reimburse the county agency at a rate of one-quarter of the recovery made by any method other than recoupment.
History:
1988 c 719 art 8 s 29; 1993 c 306 s 2; 1997 c 85 art 5 s 4; 1999 c 159 s 38; 2000 c 488 art 10 s 3; 1Sp2003 c 14 art 1 s 106; 1Sp2005 c 4 art 8 s 7; 2016 c 158 art 2 s 59; 1Sp2019 c 9 art 1 s 42
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 256 — Human Services › Section 256.02 — Investigations; Examinations; Supervision.

256.02 INVESTIGATIONS; EXAMINATIONS; SUPERVISION.
Subdivision 1.
Duties.
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.
Subd. 2.
[Temporary]
History:
(4448) RL s 1899; 1949 c 228 s 1; 1961 c 750 s 27 subd 1; 1984 c 654 art 5 s 58; 1986 c 444
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 256 — Human Services › Section 256.023 — One Hundred Percent County Assistance.

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.
History:
1991 c 292 art 5 s 8; 2002 c 277 s 6
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 256 — Human Services › Section 256.027 — Use Of Vans Permitted.

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.
History:
1Sp1993 c 1 art 5 s 10; 1997 c 187 art 1 s 17
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 256 — Human Services › Section 256.028 — Tax Rebates.

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 256B, 256D, 256E, 256I, 256J, or 256L to the extent permitted under federal law.
History:
1999 c 245 art 4 s 18
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 256 — Human Services › Section 256.0281 — Interagency Data Exchange.

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.
History:
2009 c 79 art 8 s 13; 2009 c 173 art 1 s 44
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 256 — Human Services › Section 256.029 — Domestic Violence Informational Brochure.

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, Minnesota family investment program, 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.
History:
2006 c 282 art 22 s 7; 2016 c 158 art 2 s 60
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 256 — Human Services › Section 256.25 — Old Age Assistance To Be Allowed As Claim In District Court.

256.25 OLD AGE ASSISTANCE TO BE ALLOWED AS CLAIM IN DISTRICT COURT.
On the death of any person who received any old age assistance under this or any previous old age assistance law of this state, or on the death of the survivor of a married couple, either or both of whom received old age assistance, the total amount paid as old age assistance to either or both, without interest, shall be allowed as a claim against the estate of such person or persons by the court having jurisdiction to probate the estate. If the value of the estate of any such person has been enhanced as a result of the failure on the part of a recipient to make a full disclosure of the amount or value of the recipient's property, or the amount or value of the combined property of a married couple, in any old age assistance proceeding, the claim shall be allowed by the court as a preferred claim and have preference to the extent of such enhancement over all other claims, excepting only claims for expenses of administration, funeral expenses, and expenses of last sickness. If the value of any such estate, exclusive of household goods, wearing apparel, and a burial lot, is more than the value of the property of such person, as disclosed by the applicant in any old age assistance proceeding, it shall be prima facie evidence that the value of such estate was enhanced by the payment of old age assistance to the extent of the excess, but not exceeding the total amount of old age assistance paid to such person or persons. The statute of limitations which limits the county agency or the state agency, or both, to recover only for assistance granted within six years shall not apply to any claim made under Minnesota Statutes 1971, sections 256.11 to 256.43 for reimbursement for any assistance granted hereunder.
History:
(3199-25) Ex1935 c 95 s 15; 1939 c 242 s 1; 1Sp1981 c 4 art 1 s 123; 1986 c 444; 1995 c 189 s 8; 1996 c 277 s 1
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 256 — Human Services › Section 256.263 — Land Acquired By State Under Old Age Assistance Liens.

256.263 LAND ACQUIRED BY STATE UNDER OLD AGE ASSISTANCE LIENS.
Subdivision 1.
Duty of county board.
When land shall have been acquired by the state under the provisions of Minnesota Statutes 1971, section 256.26, either by conveyance in settlement of the lien held by the state, or by foreclosure of such lien, it shall be the duty of the county board to manage and lease the real estate while the state continues to own it.
Subd. 2.
Management.
While the state owns such real estate, if the county board by resolution stating the price to be paid in cash shall recommend the sale and conveyance thereof, and transmit a copy of such resolution to the state agency, the state agency shall make an order approving the sale for the price recommended and transmit a copy thereof to the county auditor, in the county where the land is situated. Thereupon, when the purchase price is paid by the purchaser to the treasurer of such county, the chair of the county board shall execute a deed in the name of the state, which shall be attested by the county auditor, conveying such land to the purchaser.
History:
1945 c 172 s 1,2; 1Sp1981 c 4 art 1 s 124; 1986 c 444