Bill Text: MN HF1498 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: Human services agency provisions modified, and agency hearing and appeals provisions modified.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2011-05-18 - House rule 1.21, placed on Calendar for the Day [HF1498 Detail]
Download: Minnesota-2011-HF1498-Engrossed.html
1.2relating to human services; modifying human services agency provisions;
1.3modifying agency hearing and appeals provisions; amending Minnesota Statutes
1.42010, sections 256.045, subdivision 3; 256.0451, subdivision 5.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 256.045, subdivision 3, is amended to read:
1.7 Subd. 3. State agency hearings. (a) State agency hearings are available for the
1.8following:
1.9 (1) any person applying for, receiving or having received public assistance, medical
1.10care, or a program of social services granted by the state agency or a county agency or
1.11the federal Food Stamp Act whose application for assistance is denied, not acted upon
1.12with reasonable promptness, or whose assistance is suspended, reduced, terminated, or
1.13claimed to have been incorrectly paid;
1.14 (2) any patient or relative aggrieved by an order of the commissioner under section
1.15252.27
;
1.16 (3) a party aggrieved by a ruling of a prepaid health plan;
1.17 (4) except as provided under chapter 245C, any individual or facility determined by
1.18a lead agency to have maltreated a vulnerable adult under section626.557 after they have
1.19exercised their right to administrative reconsideration under section626.557 ;
1.20 (5) any person whose claim for foster care payment according to a placement of the
1.21child resulting from a child protection assessment under section626.556 is denied or not
1.22acted upon with reasonable promptness, regardless of funding source;
1.23 (6) any person to whom a right of appeal according to this section is given by other
1.24provision of law;
2.1 (7) an applicant aggrieved by an adverse decision to an application for a hardship
2.2waiver under section256B.15 ;
2.3 (8) an applicant aggrieved by an adverse decision to an application or redetermination
2.4for a Medicare Part D prescription drug subsidy under section256B.04, subdivision 4a ;
2.5 (9) except as provided under chapter 245A, an individual or facility determined
2.6to have maltreated a minor under section626.556 , after the individual or facility has
2.7exercised the right to administrative reconsideration under section626.556 ;
2.8 (10) except as provided under chapter 245C, an individual disqualified under
2.9sections245C.14 and
245C.15 , following a reconsideration decision issued under section
2.10245C.23
, on the basis of serious or recurring maltreatment; a preponderance of the
2.11evidence that the individual has committed an act or acts that meet the definition of any of
2.12the crimes listed in section245C.15 , subdivisions 1 to 4; or for failing to make reports
2.13required under section626.556, subdivision 3 , or
626.557, subdivision 3 . Hearings
2.14regarding a maltreatment determination under clause (4) or (9) and a disqualification under
2.15this clause in which the basis for a disqualification is serious or recurring maltreatment,
2.16shall be consolidated into a single fair hearing. In such cases, the scope of review by
2.17the human services referee shall include both the maltreatment determination and the
2.18disqualification. The failure to exercise the right to an administrative reconsideration shall
2.19not be a bar to a hearing under this section if federal law provides an individual the right to
2.20a hearing to dispute a finding of maltreatment. Individuals and organizations specified in
2.21this section may contest the specified action, decision, or final disposition before the state
2.22agency by submitting a written request for a hearing to the state agency within 30 days
2.23after receiving written notice of the action, decision, or final disposition, or within 90 days
2.24of such written notice if the applicant, recipient, patient, or relative shows good cause why
2.25the request was not submitted within the 30-day time limit; or
2.26 (11) any person with an outstanding debt resulting from receipt of public assistance,
2.27medical care, or the federal Food Stamp Act who is contesting a setoff claim by the
2.28Department of Human Services or a county agency. The scope of the appeal is the validity
2.29of the claimant agency's intention to request a setoff of a refund under chapter 270A
2.30against the debt.
2.31 (b) The hearing for an individual or facility under paragraph (a), clause (4), (9), or
2.32(10), is the only administrative appeal to the final agency determination specifically,
2.33including a challenge to the accuracy and completeness of data under section13.04 .
2.34Hearings requested under paragraph (a), clause (4), apply only to incidents of maltreatment
2.35that occur on or after October 1, 1995. Hearings requested by nursing assistants in nursing
2.36homes alleged to have maltreated a resident prior to October 1, 1995, shall be held as a
3.1contested case proceeding under the provisions of chapter 14. Hearings requested under
3.2paragraph (a), clause (9), apply only to incidents of maltreatment that occur on or after
3.3July 1, 1997. A hearing for an individual or facility under paragraph (a),clause clauses
3.4(4), (9), and (10), is only available when there is nojuvenile court or adult criminal district
3.5court action pending. If such action is filed ineither district court while an administrative
3.6review is pending, the administrative review must be suspended until the judicial actions
3.7are completed. If the juvenile court action or criminal charge is dismissed or the criminal
3.8action overturned, the matter may be considered in an administrative hearing.
3.9(c) For an individual under paragraph (a), clauses (4), (9), and (10), who is
3.10determined to have committed maltreatment of a vulnerable adult or a minor child based
3.11on a conviction of, an admission to, or an Alford plea to:
3.12(1) any of the crimes listed in sections 245C.15, subdivisions 1 to 4; and 626.556,
3.13subdivision 2;
3.14(2) any of the crimes listed under section 626.5572, subdivision 2, paragraph (a);
3.15(3) financial exploitation of a vulnerable adult under section 609.2335; or
3.16(4) any acts constituting financial exploitation as defined in section 626.5572,
3.17subdivision 9,
3.18or for any individual under paragraph (a), clause (10), who is disqualified based on a
3.19judicial determination, the reconsideration decision is the final agency action for purposes
3.20of appeal by the individual and is not subject to a hearing under this section.
3.21(c) (d) For purposes of this section, bargaining unit grievance procedures are not
3.22an administrative appeal.
3.23(d) (e) The scope of hearings involving claims to foster care payments under
3.24paragraph (a), clause (5), shall be limited to the issue of whether the county is legally
3.25responsible for a child's placement under court order or voluntary placement agreement
3.26and, if so, the correct amount of foster care payment to be made on the child's behalf and
3.27shall not include review of the propriety of the county's child protection determination or
3.28child placement decision.
3.29(e) (f) A vendor of medical care as defined in section
256B.02, subdivision 7 , or a
3.30vendor under contract with a county agency to provide social services is not a party and
3.31may not request a hearing under this section, except if assisting a recipient as provided in
3.32subdivision 4.
3.33(f) (g) An applicant or recipient is not entitled to receive social services beyond the
3.34services prescribed under chapter 256M or other social services the person is eligible
3.35for under state law.
4.1(g) (h) The commissioner may summarily affirm the county or state agency's
4.2proposed action without a hearing when the sole issue is an automatic change due to
4.3a change in state or federal law.
4.4(i) Unless federal or Minnesota law specifies a different time frame in which to file
4.5an appeal, individuals and organizations specified in this section may contest the specified
4.6action, decision, or final disposition before the state agency by submitting a written
4.7request for a hearing to the state agency within 30 days after receiving written notice of
4.8the action, decision, or final disposition, or within 90 days of the written notice if the
4.9applicant, recipient, patient, or a responsible party shows good cause why the request was
4.10not submitted within the 30-day time limit.
4.11 Sec. 2. Minnesota Statutes 2010, section 256.0451, subdivision 5, is amended to read:
4.12 Subd. 5. Prehearing conferences. (a) Theappeals referee human services referee
4.13prior to a fair hearing appeal may hold a prehearing conference to further the interests
4.14of justice or efficiency and must include the person involved in the appeal. A person
4.15involved in a fair hearing appeal or the agency may request a prehearing conference. The
4.16prehearing conference may be conducted by telephone, in person, or in writing. The
4.17prehearing conference may address the following:
4.18(1) disputes regarding access to files, evidence, subpoenas, or testimony;
4.19(2) the time required for the hearing or any need for expedited procedures or decision;
4.20(3) identification or clarification of legal or other issues that may arise at the hearing;
4.21(4) identification of and possible agreement to factual issues; and
4.22(5) scheduling and any other matter which will aid in the proper and fair functioning
4.23of the hearing.
4.24(b) Theappeals referee human services referee shall make a record or otherwise
4.25contemporaneously summarize the prehearing conference in writing, which shall be
4.26sent to both the person involved in the hearing, the person's attorney or authorized
4.27representative, and the agency. A human services referee may make rulings and enter
4.28interim orders to further the appeal process.
4.29 Sec. 3. REVISOR'S INSTRUCTION.
4.30The revisor of statutes shall substitute the term "human services referee" for the term
4.31"appeals examiner," "human services judge," "referee," or any similar terms referring to
4.32the human services referees appointed by the commissioner of human services under
4.33Minnesota Statutes, section 256.045, subdivision 1, wherever they appear in Minnesota
4.34Statutes.
1.3modifying agency hearing and appeals provisions; amending Minnesota Statutes
1.42010, sections 256.045, subdivision 3; 256.0451, subdivision 5.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 256.045, subdivision 3, is amended to read:
1.7 Subd. 3. State agency hearings. (a) State agency hearings are available for the
1.8following:
1.9 (1) any person applying for, receiving or having received public assistance, medical
1.10care, or a program of social services granted by the state agency or a county agency or
1.11the federal Food Stamp Act whose application for assistance is denied, not acted upon
1.12with reasonable promptness, or whose assistance is suspended, reduced, terminated, or
1.13claimed to have been incorrectly paid;
1.14 (2) any patient or relative aggrieved by an order of the commissioner under section
1.16 (3) a party aggrieved by a ruling of a prepaid health plan;
1.17 (4) except as provided under chapter 245C, any individual or facility determined by
1.18a lead agency to have maltreated a vulnerable adult under section
1.19exercised their right to administrative reconsideration under section
1.20 (5) any person whose claim for foster care payment according to a placement of the
1.21child resulting from a child protection assessment under section
1.22acted upon with reasonable promptness, regardless of funding source;
1.23 (6) any person to whom a right of appeal according to this section is given by other
1.24provision of law;
2.1 (7) an applicant aggrieved by an adverse decision to an application for a hardship
2.2waiver under section
2.3 (8) an applicant aggrieved by an adverse decision to an application or redetermination
2.4for a Medicare Part D prescription drug subsidy under section
2.5 (9) except as provided under chapter 245A, an individual or facility determined
2.6to have maltreated a minor under section
2.7exercised the right to administrative reconsideration under section
2.8 (10) except as provided under chapter 245C, an individual disqualified under
2.9sections
2.11evidence that the individual has committed an act or acts that meet the definition of any of
2.12the crimes listed in section
2.13required under section
2.14regarding a maltreatment determination under clause (4) or (9) and a disqualification under
2.15this clause in which the basis for a disqualification is serious or recurring maltreatment,
2.16shall be consolidated into a single fair hearing. In such cases, the scope of review by
2.17the human services referee shall include both the maltreatment determination and the
2.18disqualification. The failure to exercise the right to an administrative reconsideration shall
2.19not be a bar to a hearing under this section if federal law provides an individual the right to
2.20a hearing to dispute a finding of maltreatment
2.21
2.22
2.23
2.24
2.25
2.26 (11) any person with an outstanding debt resulting from receipt of public assistance,
2.27medical care, or the federal Food Stamp Act who is contesting a setoff claim by the
2.28Department of Human Services or a county agency. The scope of the appeal is the validity
2.29of the claimant agency's intention to request a setoff of a refund under chapter 270A
2.30against the debt.
2.31 (b) The hearing for an individual or facility under paragraph (a), clause (4), (9), or
2.32(10), is the only administrative appeal to the final agency determination specifically,
2.33including a challenge to the accuracy and completeness of data under section
2.34Hearings requested under paragraph (a), clause (4), apply only to incidents of maltreatment
2.35that occur on or after October 1, 1995. Hearings requested by nursing assistants in nursing
2.36homes alleged to have maltreated a resident prior to October 1, 1995, shall be held as a
3.1contested case proceeding under the provisions of chapter 14. Hearings requested under
3.2paragraph (a), clause (9), apply only to incidents of maltreatment that occur on or after
3.3July 1, 1997. A hearing for an individual or facility under paragraph (a),
3.4(4), (9), and (10), is only available when there is no
3.5court action pending. If such action is filed in
3.6review is pending, the administrative review must be suspended until the judicial actions
3.7are completed. If the juvenile court action or criminal charge is dismissed or the criminal
3.8action overturned, the matter may be considered in an administrative hearing.
3.9(c) For an individual under paragraph (a), clauses (4), (9), and (10), who is
3.10determined to have committed maltreatment of a vulnerable adult or a minor child based
3.11on a conviction of, an admission to, or an Alford plea to:
3.12(1) any of the crimes listed in sections 245C.15, subdivisions 1 to 4; and 626.556,
3.13subdivision 2;
3.14(2) any of the crimes listed under section 626.5572, subdivision 2, paragraph (a);
3.15(3) financial exploitation of a vulnerable adult under section 609.2335; or
3.16(4) any acts constituting financial exploitation as defined in section 626.5572,
3.17subdivision 9,
3.18or for any individual under paragraph (a), clause (10), who is disqualified based on a
3.19judicial determination, the reconsideration decision is the final agency action for purposes
3.20of appeal by the individual and is not subject to a hearing under this section.
3.21
3.22an administrative appeal.
3.23
3.24paragraph (a), clause (5), shall be limited to the issue of whether the county is legally
3.25responsible for a child's placement under court order or voluntary placement agreement
3.26and, if so, the correct amount of foster care payment to be made on the child's behalf and
3.27shall not include review of the propriety of the county's child protection determination or
3.28child placement decision.
3.29
3.30vendor under contract with a county agency to provide social services is not a party and
3.31may not request a hearing under this section, except if assisting a recipient as provided in
3.32subdivision 4.
3.33
3.34services prescribed under chapter 256M or other social services the person is eligible
3.35for under state law.
4.1
4.2proposed action without a hearing when the sole issue is an automatic change due to
4.3a change in state or federal law.
4.4(i) Unless federal or Minnesota law specifies a different time frame in which to file
4.5an appeal, individuals and organizations specified in this section may contest the specified
4.6action, decision, or final disposition before the state agency by submitting a written
4.7request for a hearing to the state agency within 30 days after receiving written notice of
4.8the action, decision, or final disposition, or within 90 days of the written notice if the
4.9applicant, recipient, patient, or a responsible party shows good cause why the request was
4.10not submitted within the 30-day time limit.
4.11 Sec. 2. Minnesota Statutes 2010, section 256.0451, subdivision 5, is amended to read:
4.12 Subd. 5. Prehearing conferences. (a) The
4.13prior to a fair hearing appeal may hold a prehearing conference to further the interests
4.14of justice or efficiency and must include the person involved in the appeal. A person
4.15involved in a fair hearing appeal or the agency may request a prehearing conference. The
4.16prehearing conference may be conducted by telephone, in person, or in writing. The
4.17prehearing conference may address the following:
4.18(1) disputes regarding access to files, evidence, subpoenas, or testimony;
4.19(2) the time required for the hearing or any need for expedited procedures or decision;
4.20(3) identification or clarification of legal or other issues that may arise at the hearing;
4.21(4) identification of and possible agreement to factual issues; and
4.22(5) scheduling and any other matter which will aid in the proper and fair functioning
4.23of the hearing.
4.24(b) The
4.25contemporaneously summarize the prehearing conference in writing, which shall be
4.26sent to both the person involved in the hearing, the person's attorney or authorized
4.27representative, and the agency. A human services referee may make rulings and enter
4.28interim orders to further the appeal process.
4.29 Sec. 3. REVISOR'S INSTRUCTION.
4.30The revisor of statutes shall substitute the term "human services referee" for the term
4.31"appeals examiner," "human services judge," "referee," or any similar terms referring to
4.32the human services referees appointed by the commissioner of human services under
4.33Minnesota Statutes, section 256.045, subdivision 1, wherever they appear in Minnesota
4.34Statutes.
