1.2relating to governmental operations; establishing and modifying health and
1.3human services committees and task forces; changing the prescription monitoring
1.4program;amending Minnesota Statutes 2012, sections 152.126, as amended;
1.5214.32.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 152.126, as amended by Laws 2013,
1.8chapter 113, article 3, section 3, is amended to read:
1.9152.126 CONTROLLED SUBSTANCES PRESCRIPTION ELECTRONIC
1.10REPORTING SYSTEM PRESCRIPTION MONITORING PROGRAM.
1.11 Subdivision 1.
Definitions. (a) For purposes of this section, the terms defined in
1.12this subdivision have the meanings given.
1.13 (a) (b) "Board" means the Minnesota State Board of Pharmacy established under
1.14chapter 151.
1.15 (b) (c) "Controlled substances" means those substances listed in section
152.02,
1.16subdivisions 3 to
5 6, and those substances defined by the board pursuant to section
1.17152.02, subdivisions 7
, 8, and 12.
For the purposes of this section, controlled substances
1.18includes tramadol and butalbital.
1.19 (c) (d) "Dispense" or "dispensing" has the meaning given in section
151.01,
1.20subdivision 30
. Dispensing does not include the direct administering of a controlled
1.21substance to a patient by a licensed health care professional.
1.22 (d) (e) "Dispenser" means a person authorized by law to dispense a controlled
1.23substance, pursuant to a valid prescription. For the purposes of this section, a dispenser does
2.1not include a licensed hospital pharmacy that distributes controlled substances for inpatient
2.2hospital care or a veterinarian who is dispensing prescriptions under section
156.18.
2.3 (e) (f) "Prescriber" means a licensed health care professional who is authorized to
2.4prescribe a controlled substance under section
152.12, subdivision 1 or 2.
2.5 (f) (g) "Prescription" has the meaning given in section
151.01, subdivision 16.
2.6 Subd. 1a.
Treatment of intractable pain. This section is not intended to limit or
2.7interfere with the legitimate prescribing of controlled substances for pain. No prescriber
2.8shall be subject to disciplinary action by a health-related licensing board for prescribing a
2.9controlled substance according to the provisions of section
152.125.
2.10 Subd. 2.
Prescription electronic reporting system. (a) The board shall establish
2.11by January 1, 2010, an electronic system for reporting the information required under
2.12subdivision 4 for all controlled substances dispensed within the state.
2.13 (b) The board may contract with a vendor for the purpose of obtaining technical
2.14assistance in the design, implementation, operation, and maintenance of the electronic
2.15reporting system.
2.16 Subd. 3.
Prescription Electronic Reporting Monitoring Program Advisory
2.17Committee Task Force. (a) The board
shall convene shall appoint an advisory
committee.
2.18The committee must include task force consisting of at least one representative of:
2.19 (1) the Department of Health;
2.20 (2) the Department of Human Services;
2.21 (3) each health-related licensing board that licenses prescribers;
2.22 (4) a professional medical association, which may include an association of pain
2.23management and chemical dependency specialists;
2.24 (5) a professional pharmacy association;
2.25 (6) a professional nursing association;
2.26 (7) a professional dental association;
2.27 (8) a consumer privacy or security advocate; and
2.28 (9) a consumer or patient rights organization.
2.29 (b) The advisory
committee task force shall advise the board on the development and
2.30operation of the
electronic reporting system prescription monitoring program, including,
2.31but not limited to:
2.32 (1) technical standards for electronic prescription drug reporting;
2.33 (2) proper analysis and interpretation of prescription monitoring data; and
2.34 (3) an evaluation process for the program.
2.35(c) The task force is governed by section 15.059.
3.1 Subd. 4.
Reporting requirements; notice. (a) Each dispenser must submit the
3.2following data to the board or its designated vendor
, subject to the notice required under
3.3paragraph (d):
3.4 (1) name of the prescriber;
3.5 (2) national provider identifier of the prescriber;
3.6 (3) name of the dispenser;
3.7 (4) national provider identifier of the dispenser;
3.8 (5) prescription number;
3.9 (6) name of the patient for whom the prescription was written;
3.10 (7) address of the patient for whom the prescription was written;
3.11 (8) date of birth of the patient for whom the prescription was written;
3.12 (9) date the prescription was written;
3.13 (10) date the prescription was filled;
3.14 (11) name and strength of the controlled substance;
3.15 (12) quantity of controlled substance prescribed;
3.16 (13) quantity of controlled substance dispensed; and
3.17 (14) number of days supply.
3.18 (b) The dispenser must submit the required information by a procedure and in a
3.19format established by the board. The board may allow dispensers to omit data listed in this
3.20subdivision or may require the submission of data not listed in this subdivision provided
3.21the omission or submission is necessary for the purpose of complying with the electronic
3.22reporting or data transmission standards of the American Society for Automation in
3.23Pharmacy, the National Council on Prescription Drug Programs, or other relevant national
3.24standard-setting body.
3.25 (c) A dispenser is not required to submit this data for those controlled substance
3.26prescriptions dispensed for:
3.27 (1) individuals residing in licensed skilled nursing or intermediate care facilities;
3.28 (2) individuals receiving assisted living services under chapter 144G or through a
3.29medical assistance home and community-based waiver;
3.30 (3) individuals receiving medication intravenously;
3.31 (4) individuals receiving hospice and other palliative or end-of-life care; and
3.32 (5) individuals receiving services from a home care provider regulated under chapter
3.33144A.
3.34 (1) individuals residing in a health care facility as defined in section 151.58,
3.35subdivision 2, paragraph (b), when a drug is distributed through the use of an automated
3.36drug distribution system according to section 151.58; and
4.1 (2) individuals receiving a drug sample that was packaged by a manufacturer and
4.2provided to the dispenser for dispensing as a professional sample pursuant to Code of
4.3Federal Regulations, title 21, section 203, subpart D.
4.4 (d) A dispenser must
not submit data under this subdivision unless provide to the
4.5patient for whom the prescription was written a conspicuous notice of the reporting
4.6requirements of this section
is given to the patient for whom the prescription was written
4.7 and notice that the information may be used for program administration purposes.
4.8 Subd. 5.
Use of data by board. (a) The board shall develop and maintain a database
4.9of the data reported under subdivision 4. The board shall maintain data that could identify
4.10an individual prescriber or dispenser in encrypted form.
Except as otherwise allowed
4.11under subdivision 6, the database may be used by permissible users identified under
4.12subdivision 6 for the identification of:
4.13 (1) individuals receiving prescriptions for controlled substances from prescribers
4.14who subsequently obtain controlled substances from dispensers in quantities or with a
4.15frequency inconsistent with generally recognized standards of use for those controlled
4.16substances, including standards accepted by national and international pain management
4.17associations; and
4.18 (2) individuals presenting forged or otherwise false or altered prescriptions for
4.19controlled substances to dispensers.
4.20 (b) No permissible user identified under subdivision 6 may access the database
4.21for the sole purpose of identifying prescribers of controlled substances for unusual or
4.22excessive prescribing patterns without a valid search warrant or court order.
4.23 (c) No personnel of a state or federal occupational licensing board or agency may
4.24access the database for the purpose of obtaining information to be used to initiate or
4.25substantiate a disciplinary action against a prescriber.
4.26 (d) Data reported under subdivision 4 shall be
retained by the board in the database
4.27for a 12-month period, and shall be removed from the database no later than 12 months
4.28from the last day of the month during which the data was received. made available to
4.29permissible users for a 12-month period beginning the day the data was received and
4.30ending 12 months from the last day of the month in which the data was received, except
4.31that permissible users defined in subdivision 6, paragraph (b), clauses (5) and (6), may
4.32use all data collected under this section for the purposes of administering, operating,
4.33and maintaining the prescription monitoring program and conducting trend analyses
4.34and other studies necessary to evaluate the effectiveness of the program. Data retained
4.35beyond 12 months must be de-identified.
5.1(e) The board shall not retain data reported under subdivision 4 for a period longer
5.2than five years from the date the data was received.
5.3 Subd. 6.
Access to reporting system data. (a) Except as indicated in this
5.4subdivision, the data submitted to the board under subdivision 4 is private data on
5.5individuals as defined in section
13.02, subdivision 12, and not subject to public disclosure.
5.6 (b) Except as specified in subdivision 5, the following persons shall be considered
5.7permissible users and may access the data submitted under subdivision 4 in the same or
5.8similar manner, and for the same or similar purposes, as those persons who are authorized
5.9to access similar private data on individuals under federal and state law:
5.10 (1) a prescriber or an agent or employee of the prescriber to whom the prescriber has
5.11delegated the task of accessing the data, to the extent the information relates specifically to
5.12a current patient, to whom the prescriber is
:
5.13 (i) prescribing or considering prescribing any controlled substance
;
5.14 (ii) providing emergency medical treatment for which access to the data may be
5.15necessary; or
5.16 (iii) providing other medical treatment for which access to the data may be necessary
5.17and the patient has consented to access to the submitted data, and with the provision that
5.18the prescriber remains responsible for the use or misuse of data accessed by a delegated
5.19agent or employee;
5.20 (2) a dispenser or an agent or employee of the dispenser to whom the dispenser has
5.21delegated the task of accessing the data, to the extent the information relates specifically
5.22to a current patient to whom that dispenser is dispensing or considering dispensing any
5.23controlled substance and with the provision that the dispenser remains responsible for the
5.24use or misuse of data accessed by a delegated agent or employee;
5.25 (3) an individual who is the recipient of a controlled substance prescription for
5.26which data was submitted under subdivision 4, or a guardian of the individual, parent or
5.27guardian of a minor, or health care agent of the individual acting under a health care
5.28directive under chapter 145C;
5.29 (4) personnel of the board specifically assigned to conduct a bona fide investigation
5.30of a specific licensee;
5.31 (5) personnel of the board engaged in the collection
, review, and analysis
5.32 of controlled substance prescription information as part of the assigned duties and
5.33responsibilities under this section;
5.34 (6) authorized personnel of a vendor under contract with the
board state of
5.35Minnesota who are engaged in the design, implementation, operation, and maintenance of
5.36the
electronic reporting system prescription monitoring program as part of the assigned
6.1duties and responsibilities of their employment, provided that access to data is limited to
6.2the minimum amount necessary to carry out such duties and responsibilities
, and subject
6.3to the requirement of de-identification and time limit on retention of data specified in
6.4subdivision 5, paragraphs (d) and (e);
6.5 (7) federal, state, and local law enforcement authorities acting pursuant to a valid
6.6search warrant;
6.7 (8) personnel of the
medical assistance program Minnesota health care programs
6.8assigned to use the data collected under this section to identify recipients whose usage of
6.9controlled substances may warrant restriction to a single primary care
physician provider,
6.10a single outpatient pharmacy,
or and a single hospital;
and
6.11(9) personnel of the Department of Human Services assigned to access the data
6.12pursuant to paragraph (h)
; and
6.13(10) personnel of the health professionals services program established under section
6.14214.31, to the extent that the information relates specifically to an individual who is
6.15currently enrolled in and being monitored by the program, and the individual consents to
6.16access to that information. The health professionals services program personnel shall not
6.17provide this data to a health-related licensing board or the Emergency Medical Services
6.18Regulatory Board, except as permitted under section 214.33, subdivision 3.
6.19 For purposes of clause
(3) (4), access by an individual includes persons in the
6.20definition of an individual under section
13.02.
6.21 (c)
Any A permissible user identified in paragraph (b),
who clauses (1), (2), (5), (6),
6.22and (8) may directly
accesses access the data electronically
,. If the data is directly accessed
6.23electronically, the permissible user shall implement and maintain a comprehensive
6.24information security program that contains administrative, technical, and physical
6.25safeguards that are appropriate to the user's size and complexity, and the sensitivity of the
6.26personal information obtained. The permissible user shall identify reasonably foreseeable
6.27internal and external risks to the security, confidentiality, and integrity of personal
6.28information that could result in the unauthorized disclosure, misuse, or other compromise
6.29of the information and assess the sufficiency of any safeguards in place to control the risks.
6.30 (d) The board shall not release data submitted under
this section subdivision 4 unless
6.31it is provided with evidence, satisfactory to the board, that the person requesting the
6.32information is entitled to receive the data.
6.33 (e) The board shall not release the name of a prescriber without the written consent
6.34of the prescriber or a valid search warrant or court order. The board shall provide a
6.35mechanism for a prescriber to submit to the board a signed consent authorizing the release
6.36of the prescriber's name when data containing the prescriber's name is requested.
7.1 (f) (e) The board shall maintain a log of all persons who access the data
for a period
7.2of at least three years and shall ensure that any permissible user complies with paragraph
7.3(c) prior to attaining direct access to the data.
7.4(g) (f) Section
13.05, subdivision 6, shall apply to any contract the board enters into
7.5pursuant to subdivision 2. A vendor shall not use data collected under this section for
7.6any purpose not specified in this section.
7.7(h) (g) With available appropriations, the commissioner of human services shall
7.8establish and implement a system through which the Department of Human Services shall
7.9routinely access the data for the purpose of determining whether any client enrolled in
7.10an opioid treatment program licensed according to chapter 245A has been prescribed or
7.11dispensed a controlled substance in addition to that administered or dispensed by the
7.12opioid treatment program. When the commissioner determines there have been multiple
7.13prescribers or multiple prescriptions of controlled substances, the commissioner shall:
7.14(1) inform the medical director of the opioid treatment program only that the
7.15commissioner determined the existence of multiple prescribers or multiple prescriptions of
7.16controlled substances; and
7.17(2) direct the medical director of the opioid treatment program to access the data
7.18directly, review the effect of the multiple prescribers or multiple prescriptions, and
7.19document the review.
7.20If determined necessary, the commissioner of human services shall seek a federal waiver
7.21of, or exception to, any applicable provision of Code of Federal Regulations, title 42, part
7.222.34
, item (c), prior to implementing this paragraph.
7.23 Subd. 7.
Disciplinary action. (a) A dispenser who knowingly fails to submit data to
7.24the board as required under this section is subject to disciplinary action by the appropriate
7.25health-related licensing board.
7.26 (b) A prescriber or dispenser authorized to access the data who knowingly discloses
7.27the data in violation of state or federal laws relating to the privacy of health care data
7.28shall be subject to disciplinary action by the appropriate health-related licensing board,
7.29and appropriate civil penalties.
7.30 Subd. 8. Evaluation and reporting. (a) The board shall evaluate the prescription
7.31electronic reporting system to determine if the system is negatively impacting appropriate
7.32prescribing practices of controlled substances. The board may contract with a vendor to
7.33design and conduct the evaluation.
7.34 (b) The board shall submit the evaluation of the system to the legislature by July
7.3515, 2011.
8.1 Subd. 9.
Immunity from liability; no requirement to obtain information. (a) A
8.2pharmacist, prescriber, or other dispenser making a report to the program in good faith
8.3under this section is immune from any civil, criminal, or administrative liability, which
8.4might otherwise be incurred or imposed as a result of the report, or on the basis that the
8.5pharmacist or prescriber did or did not seek or obtain or use information from the program.
8.6 (b) Nothing in this section shall require a pharmacist, prescriber, or other dispenser
8.7to obtain information about a patient from the program, and the pharmacist, prescriber,
8.8or other dispenser, if acting in good faith, is immune from any civil, criminal, or
8.9administrative liability that might otherwise be incurred or imposed for requesting,
8.10receiving, or using information from the program.
8.11 Subd. 10.
Funding. (a) The board may seek grants and private funds from nonprofit
8.12charitable foundations, the federal government, and other sources to fund the enhancement
8.13and ongoing operations of the prescription
electronic reporting system monitoring
8.14program established under this section. Any funds received shall be appropriated to the
8.15board for this purpose. The board may not expend funds to enhance the program in a way
8.16that conflicts with this section without seeking approval from the legislature.
8.17(b)
Notwithstanding any other section, the administrative services unit for the
8.18health-related licensing boards shall apportion between the Board of Medical Practice, the
8.19Board of Nursing, the Board of Dentistry, the Board of Podiatric Medicine, the Board of
8.20Optometry,
the Board of Veterinary Medicine, and the Board of Pharmacy an amount to
8.21be paid through fees by each respective board. The amount apportioned to each board
8.22shall equal each board's share of the annual appropriation to the Board of Pharmacy
8.23from the state government special revenue fund for operating the prescription
electronic
8.24reporting system monitoring program under this section. Each board's apportioned share
8.25shall be based on the number of prescribers or dispensers that each board identified in
8.26this paragraph licenses as a percentage of the total number of prescribers and dispensers
8.27licensed collectively by these boards. Each respective board may adjust the fees that the
8.28boards are required to collect to compensate for the amount apportioned to each board by
8.29the administrative services unit.
8.30 Sec. 2. Minnesota Statutes 2012, section 214.32, is amended to read:
8.31214.32 PROGRAM OPERATIONS AND RESPONSIBILITIES.
8.32 Subdivision 1.
Management. (a) A Health Professionals Services Program
8.33Committee is established, consisting of
one person appointed by each participating
8.34board, with each participating board having one vote. no fewer than three, or more than
8.35six, executive directors of health-related licensing boards or their designees, and two
9.1members of the advisory committee established in paragraph (d). Program committee
9.2members from the health-related licensing boards shall be appointed by a majority vote
9.3of the executive directors of the health-related licensing boards in July of odd-numbered
9.4years. Members from the advisory committee shall be appointed by a majority vote of
9.5advisory committee members in July of odd-numbered years. The
program committee
9.6shall
designate one board to provide administrative management of the program, set the
9.7program budget and the pro rata share of
administrative costs under paragraph (b) and
9.8program expenses to be borne by each participating board,
set the program budget, and
9.9ensure the program is meeting its statutory charge. The program committee shall establish
9.10uniform criteria and procedures governing termination and discharge for all health
9.11professionals served by the health professionals services program.
9.12 (b) The commissioner of administration shall provide guidance on the general
9.13operation of the program, including hiring of program personnel, and ensure that the
9.14program's direction is in accord with its authority.
If the participating boards change
9.15which board is designated to provide administrative management of the program, any
9.16appropriation remaining for the program shall transfer to the newly designated board on
9.17the effective date of the change. The participating boards must inform the appropriate
9.18legislative committees and the commissioner of management and budget of any change
9.19in the administrative management of the program, and the amount of any appropriation
9.20transferred under this provision.
9.21 (b) (c) The designated board, upon recommendation of the Health Professional
9.22Services Program Committee, shall hire the program manager and employees and pay
9.23expenses of the program from funds appropriated for that purpose. The designated board
9.24may apply for grants to pay program expenses and may enter into contracts on behalf of
9.25the program to carry out the purposes of the program. The participating boards shall enter
9.26into written agreements with the designated board.
9.27 (c) (d) An advisory committee is established to advise the program committee
9.28consisting of:
9.29 (1) one member appointed by each
of the following: the Minnesota Academy of
9.30Physician Assistants, the Minnesota Dental Association, the Minnesota Chiropractic
9.31Association, the Minnesota Licensed Practical Nurse Association, the Minnesota Medical
9.32Association, the Minnesota Nurses Association, and the Minnesota Podiatric Medicine
9.33Association of the professional associations whose members are eligible for health
9.34professionals services program services;
and
9.35 (2)
one member appointed by each of the professional associations of the other
9.36professions regulated by a participating board not specified in clause (1); and
10.1 (3) (2) two public members, as defined by section
214.02.
10.2 Members of the advisory committee shall be appointed for two years and members
10.3may be reappointed.
10.4 Subd. 2.
Services. (a) The program shall provide the following services to program
10.5participants:
10.6(1) referral of eligible regulated persons to qualified professionals for evaluation,
10.7treatment, and a written plan for continuing care consistent with the regulated person's
10.8illness. The referral shall take into consideration the regulated person's financial resources
10.9as well as specific needs;
10.10(2) development of individualized program participation agreements between
10.11participants and the program to meet the needs of participants and protect the public. An
10.12agreement may include, but need not be limited to, recommendations from the continuing
10.13care plan, practice monitoring, health monitoring, practice restrictions, random drug
10.14screening, support group participation, filing of reports necessary to document compliance,
10.15and terms for successful completion of the regulated person's program; and
10.16(3) monitoring of compliance by participants with individualized program
10.17participation agreements or board orders.
10.18(b) The program may develop services related to sections
214.31 to
214.37 for
10.19employers and colleagues of regulated persons from participating boards.
10.20 Subd. 3.
Participant costs. Each program participant shall be responsible for
10.21paying for the costs of physical, psychosocial, or other related evaluation, treatment,
10.22laboratory monitoring, and random drug screens.
10.23 Subd. 4.
Eligibility. Admission to the health professional services program is
10.24available to a person regulated by a participating board who is unable to practice with
10.25reasonable skill and safety by reason of illness, use of alcohol, drugs, chemicals, or
10.26any other materials, or as a result of any mental, physical, or psychological condition.
10.27Admission in the health professional services program shall be denied to persons:
10.28(1) who have diverted controlled substances for other than self-administration;
10.29(2) who have been terminated from this or any other state professional services
10.30program for noncompliance in the program
, unless referred by a participating board or the
10.31commissioner of health;
10.32(3) currently under a board disciplinary order or corrective action agreement, unless
10.33referred by a board;
10.34(4)
regulated under sections
214.17 to
214.25, unless referred by a board or by the
10.35commissioner of health;
10.36(5) accused of sexual misconduct; or
11.1(6) (5) whose continued practice would create a serious risk of harm to the public.
11.2 Subd. 5.
Completion; voluntary termination; discharge. (a) A regulated person
11.3completes the program when the terms of the program participation agreement are fulfilled.
11.4(b) A regulated person may voluntarily terminate participation in the health
11.5professionals service program at any time
by reporting to the person's board which shall
11.6result in the program manager making a report to the regulated person's board under
11.7section 214.33, subdivision 3.
11.8(c) The program manager may choose to discharge a regulated person from the
11.9program and make a referral to the person's board at any time for reasons including but not
11.10limited to: the degree of cooperation and compliance by the regulated person, the inability
11.11to secure information or the medical records of the regulated person, or indication of other
11.12possible violations of the regulated person's practice act. The regulated person shall be
11.13notified in writing by the program manager of any change in the person's program status.
11.14A regulated person who has been terminated or discharged from the program may be
11.15referred back to the program for monitoring.
11.16 Subd. 6. Duties of a health-related licensing board. (a) Upon receiving
11.17notice from the program manager that a regulated person has been discharged due to
11.18noncompliance or voluntary withdrawal, when the appropriate licensing board has
11.19probable cause to believe continued practice by the regulated person presents an imminent
11.20risk of harm, the licensing board shall temporarily suspend the regulated person's
11.21professional license. The suspension shall take effect upon written notice to the regulated
11.22person and shall specify the reason for the suspension.
11.23(b) The suspension shall remain in effect until the appropriate licensing board
11.24completes an investigation and issues a final order in the matter after a hearing.
11.25(c) At the time it issues the suspension notice, the appropriate licensing board shall
11.26schedule a disciplinary hearing to be held pursuant to the Administrative Procedure Act.
11.27The regulated person shall be provided with at least 20 days' notice of any hearing held
11.28pursuant to this subdivision. The hearing shall be scheduled to being no later than 60
11.29days after issuance of the suspension order.
11.30 Sec. 3.
MINNESOTA TANF EXPENDITURES TASK FORCE.
11.31 Subdivision 1. Establishment. The Minnesota TANF Expenditures Task Force is
11.32established to analyze past temporary assistance for needy families (TANF) expenditures
11.33and make recommendations as to which, if any, programs currently receiving TANF
11.34funding should be funded by the general fund so that a greater portion of TANF funds
12.1can go directly to Minnesota families receiving assistance through the Minnesota family
12.2investment program under Minnesota Statutes, chapter 256J.
12.3 Subd. 2. Membership; meetings; staff. (a) The task force shall be composed of the
12.4following members who serve at the pleasure of their appointing authority:
12.5(1) one representative of the Department of Human Services appointed by the
12.6commissioner of human services;
12.7(2) one representative of the Department of Management and Budget appointed by
12.8the commissioner of management and budget;
12.9(3) one representative of the Department of Health appointed by the commissioner
12.10of health;
12.11(4) one representative of the Local Public Health Association of Minnesota;
12.12(5) two representatives of county government appointed by the Association of
12.13Minnesota Counties, one representing counties in the seven-county metropolitan area
12.14and one representing all other counties;
12.15(6) one representative of the Minnesota Legal Services Coalition;
12.16(7) one representative of the Children's Defense Fund of Minnesota;
12.17(8) one representative of the Minnesota Coalition for the Homeless;
12.18(9) one representative of the Welfare Rights Coalition;
12.19(10) two members of the house of representatives, one appointed by the speaker and
12.20one appointed by the minority leader; and
12.21(11) two members of the senate, including one member of the minority party,
12.22appointed according to the rules of the senate.
12.23(b) Notwithstanding Minnesota Statutes, section 15.059, members of the task force
12.24shall serve without compensation or reimbursement of expenses.
12.25(c) The commissioner of human services must convene the first meeting of the
12.26Minnesota TANF Expenditures Task Force by July 31, 2014. The task force must meet at
12.27least quarterly.
12.28(d) Staffing and technical assistance shall be provided within available resources by
12.29the Department of Human Services, Children and Family Services Division.
12.30 Subd. 3. Duties. (a) The task force must report on past expenditures of the TANF
12.31block grant, including a determination of whether or not programs for which TANF funds
12.32have been appropriated meet the purposes of the TANF program as defined under Code of
12.33Federal Regulations, title 45, section 260.20, and make recommendations as to which,
12.34if any, programs currently receiving TANF funds should be funded by the general fund.
12.35In making recommendations on program funding sources, the task force shall consider
12.36the following:
13.1(1) the original purpose of the TANF block grant under Code of Federal Regulations,
13.2title 45, section 260.20;
13.3(2) potential overlap of the population eligible for the Minnesota family investment
13.4program cash grant and the other programs currently receiving TANF funds;
13.5(3) the ability for TANF funds, as appropriated under current law, to effectively help
13.6the lowest-income Minnesotans out of poverty;
13.7(4) the impact of past expenditures on families who may be eligible for assistance
13.8through TANF;
13.9(5) the ability of TANF funds to support effective parenting and optimal brain
13.10development in children under five years old; and
13.11(6) the role of noncash assistance expenditures in maintaining compliance with
13.12federal law.
13.13(b) In preparing the recommendations under paragraph (a), the task force shall
13.14consult with appropriate Department of Human Services information technology staff
13.15regarding implementation of the recommendations.
13.16 Subd. 4. Report. (a) The task force must submit an initial report by November
13.1730, 2014, on past expenditures of the TANF block grant in Minnesota to the chairs and
13.18ranking minority members of the legislative committees with jurisdiction over health and
13.19human services policy and finance.
13.20(b) The task force must submit a final report by February 1, 2015, analyzing past
13.21TANF expenditures and making recommendations as to which programs, if any, currently
13.22receiving TANF funding should be funded by the general fund, including any phase-in
13.23period and draft legislation necessary for implementation, to the chairs and ranking
13.24minority members of the legislative committees with jurisdiction over health and human
13.25services policy and finance.
13.26 Subd. 5. Expiration. This section expires March 1, 2015, or upon submission of the
13.27final report required under subdivision 4, whichever is earlier.