Bill Text: MN HF2618 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Home and community-based services standards liability exceptions modified.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2014-03-03 - Introduction and first reading, referred to Civil Law [HF2618 Detail]
Download: Minnesota-2013-HF2618-Introduced.html
1.2relating to civil law; modifying certain exceptions to liability;amending
1.3Minnesota Statutes 2012, section 466.03, by adding a subdivision.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2012, section 466.03, is amended by adding a
1.6subdivision to read:
1.7 Subd. 6g. Home and community-based services standards. A claim against a
1.8county based on the failure of a provider to meet the licensing standards required under
1.9chapter 245D to provide services to a person with developmental disabilities or to a person
1.10pursuant to a home and community-based service waiver for the disabled under chapter
1.11256B or to comply with the requirements of a coordinated service and support plan under
1.12chapter 245D or 256B for such person, unless the county had actual knowledge of a
1.13failure to meet licensing standards that resulted in a dangerous condition that foreseeably
1.14threatened the plaintiff, and the county failed to report that knowledge to the Department
1.15of Human Services.
1.16EFFECTIVE DATE.This section is effective the day following final enactment
1.17and applies to claims arising from incidents occurring on or after that date.
1.3Minnesota Statutes 2012, section 466.03, by adding a subdivision.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2012, section 466.03, is amended by adding a
1.6subdivision to read:
1.7 Subd. 6g. Home and community-based services standards. A claim against a
1.8county based on the failure of a provider to meet the licensing standards required under
1.9chapter 245D to provide services to a person with developmental disabilities or to a person
1.10pursuant to a home and community-based service waiver for the disabled under chapter
1.11256B or to comply with the requirements of a coordinated service and support plan under
1.12chapter 245D or 256B for such person, unless the county had actual knowledge of a
1.13failure to meet licensing standards that resulted in a dangerous condition that foreseeably
1.14threatened the plaintiff, and the county failed to report that knowledge to the Department
1.15of Human Services.
1.16EFFECTIVE DATE.This section is effective the day following final enactment
1.17and applies to claims arising from incidents occurring on or after that date.
