Bill Text: MN SF195 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: Crime of criminal abuse of vulnerable adults registrable offense under the predatory offender registration; vulnerable adult assault criminal penalty increase
Sponsorship: Moderate Partisan Bill (Democrat 4-1)
Status: (Introduced - Dead) 2011-05-10 - HF substituted on General Orders HF447 [SF195 Detail]
Download: Minnesota-2011-SF195-Engrossed.html
1.2relating to vulnerable adults; modifying provisions governing investigations,
1.3reviews, and hearings; making the crime of criminal abuse of a vulnerable
1.4adult a registrable offense under the predatory offender registration law;
1.5changing terminology; increasing the criminal penalty for assaulting a vulnerable
1.6adult; providing criminal penalties; amending Minnesota Statutes 2010,
1.7sections 144.7065, subdivision 10; 243.166, subdivision 1b; 256.021; 256.045,
1.8subdivision 4; 518.165, subdivision 5; 524.5-118, subdivision 2; 609.2231, by
1.9adding a subdivision; 609.224, subdivision 2; 626.557, subdivisions 9, 9a, 9c, 9d,
1.1012b, by adding a subdivision; 626.5571, subdivision 1; 626.5572, subdivision 13.
1.11BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.12 Section 1. Minnesota Statutes 2010, section 144.7065, subdivision 10, is amended to
1.13read:
1.14 Subd. 10. Relation to other law; data classification. (a) Adverse health events
1.15described in subdivisions 2 to 6 do not constitute "maltreatment," "neglect," or "a physical
1.16injury that is not reasonably explained" under section626.556 or
626.557 and are excluded
1.17from the reporting requirements of sections626.556 and
626.557 , provided the facility
1.18makes a determination within 24 hours of the discovery of the event that this section is
1.19applicable and the facility files the reports required under this section in a timely fashion.
1.20(b) A facility that has determined that an event described in subdivisions 2 to 6
1.21has occurred must inform persons who are mandated reporters under section626.556,
1.22subdivision 3 , or
626.5572, subdivision 16 , of that determination. A mandated reporter
1.23otherwise required to report under section626.556, subdivision 3 , or
626.557, subdivision
1.243 , paragraph (e), is relieved of the duty to report an event that the facility determines under
1.25paragraph (a) to be reportable under subdivisions 2 to 6.
1.26(c) The protections and immunities applicable to voluntary reports under sections
1.27626.556
and
626.557 are not affected by this section.
2.1(d) Notwithstanding section626.556 ,
626.557 , or any other provision of Minnesota
2.2statute or rule to the contrary,neither a lead agency under section
626.556, subdivision 3c ,
2.3or a lead investigative agency under section
626.5572, subdivision 13 , the commissioner
2.4of health,nor or the director of the Office of Health Facility Complaints is not required to
2.5conduct an investigation of or obtain or create investigative data or reports regarding an
2.6event described in subdivisions 2 to 6. If the facility satisfies the requirements described
2.7in paragraph (a), the review or investigation shall be conducted and data or reports shall
2.8be obtained or created only under sections144.706 to
144.7069 , except as permitted
2.9or required under sections144.50 to
144.564 , or as necessary to carry out the state's
2.10certification responsibility under the provisions of sections 1864 and 1867 of the Social
2.11Security Act. If a licensed health care provider reports an event to the facility required to
2.12be reported under subdivisions 2 to 6 in a timely manner, the provider's licensing board is
2.13not required to conduct an investigation of or obtain or create investigative data or reports
2.14regarding the individual reporting of the events described in subdivisions 2 to 6.
2.15(e) Data contained in the following records are nonpublic and, to the extent they
2.16contain data on individuals, confidential data on individuals, as defined in section13.02 :
2.17(1) reports provided to the commissioner under sections147.155 ,
147A.155 ,
2.18148.267
,
151.301 , and
153.255 ;
2.19(2) event reports, findings of root cause analyses, and corrective action plans filed by
2.20a facility under this section; and
2.21(3) records created or obtained by the commissioner in reviewing or investigating
2.22the reports, findings, and plans described in clause (2).
2.23For purposes of the nonpublic data classification contained in this paragraph, the
2.24reporting facility shall be deemed the subject of the data.
2.25 Sec. 2. Minnesota Statutes 2010, section 243.166, subdivision 1b, is amended to read:
2.26 Subd. 1b. Registration required. (a) A person shall register under this section if:
2.27(1) the person was charged with or petitioned for a felony violation of or attempt to
2.28violate, or aiding, abetting, or conspiracy to commit, any of the following, and convicted
2.29of or adjudicated delinquent for that offense or another offense arising out of the same
2.30set of circumstances:
2.31(i) murder under section609.185 , paragraph (a), clause (2);
2.32(ii) kidnapping under section609.25 ;
2.33(iii) criminal sexual conduct under section609.342 ;
609.343 ;
609.344 ;
609.345 ;
2.34609.3451, subdivision 3
; or
609.3453 ; or
2.35(iv) indecent exposure under section617.23, subdivision 3 ;
3.1(2) the person was charged with or petitioned for a violation of, or attempt to
3.2violate, or aiding, abetting, orconspiracy conspiring to commit criminal abuse in violation
3.3of section 609.2325, subdivision 1, paragraph (b), false imprisonment in violation of
3.4section609.255, subdivision 2 ; soliciting a minor to engage in prostitution in violation of
3.5section609.322 or
609.324 ; soliciting a minor to engage in sexual conduct in violation of
3.6section609.352 ; using a minor in a sexual performance in violation of section
617.246 ;
3.7or possessing pornographic work involving a minor in violation of section617.247 , and
3.8convicted of or adjudicated delinquent for that offense or another offense arising out
3.9of the same set of circumstances;
3.10(3) the person was sentenced as a patterned sex offender under section609.3455,
3.11subdivision 3a ; or
3.12(4) the person was convicted of or adjudicated delinquent for, including pursuant
3.13to a court martial, violating a law of the United States, including the Uniform Code of
3.14Military Justice, similar to the offenses described in clause (1), (2), or (3).
3.15(b) A person also shall register under this section if:
3.16(1) the person was convicted of or adjudicated delinquent in another state for an
3.17offense that would be a violation of a law described in paragraph (a) if committed in
3.18this state;
3.19(2) the person enters this state to reside, work, or attend school, or enters this state
3.20and remains for 14 days or longer; and
3.21(3) ten years have not elapsed since the person was released from confinement
3.22or, if the person was not confined, since the person was convicted of or adjudicated
3.23delinquent for the offense that triggers registration, unless the person is subject to a longer
3.24registration period under the laws of another state in which the person has been convicted
3.25or adjudicated, or is subject to lifetime registration.
3.26If a person described in this paragraph is subject to a longer registration period
3.27in another state or is subject to lifetime registration, the person shall register for that
3.28time period regardless of when the person was released from confinement, convicted, or
3.29adjudicated delinquent.
3.30(c) A person also shall register under this section if the person was committed
3.31pursuant to a court commitment order under section253B.185 or Minnesota Statutes
3.321992, section526.10 , or a similar law of another state or the United States, regardless of
3.33whether the person was convicted of any offense.
3.34(d) A person also shall register under this section if:
3.35(1) the person was charged with or petitioned for a felony violation or attempt to
3.36violate any of the offenses listed in paragraph (a), clause (1), or a similar law of another
4.1state or the United States, or the person was charged with or petitioned for a violation of
4.2any of the offenses listed in paragraph (a), clause (2), or a similar law of another state or
4.3the United States;
4.4(2) the person was found not guilty by reason of mental illness or mental deficiency
4.5after a trial for that offense, or found guilty but mentally ill after a trial for that offense, in
4.6states with a guilty but mentally ill verdict; and
4.7(3) the person was committed pursuant to a court commitment order under section
4.8253B.18
or a similar law of another state or the United States.
4.9EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
4.10committed on or after that date.
4.11 Sec. 3. Minnesota Statutes 2010, section 256.021, is amended to read:
4.12256.021 VULNERABLE ADULT MALTREATMENT REVIEW PANEL.
4.13 Subdivision 1. Creation. (a) The commissioner of human services shall establish a
4.14review panel for purposes of reviewing lead investigative agency determinations regarding
4.15maltreatment of a vulnerable adult in response to requests received under section626.557,
4.16subdivision 9d , paragraph (b). The panel shall hold quarterly meetings for purposes of
4.17conducting reviews under this section.
4.18(b) The review panel consists of:
4.19(1) the commissioners of health and human services or their designees;
4.20(2) theombudsperson ombudsman for older Minnesotans long-term care and
4.21ombudsperson ombudsman for mental health and developmental disabilities, or their
4.22designees;and
4.23(3) a member of the board on aging, appointed by the board.; and
4.24(4) a representative from the county human services administrators appointed by the
4.25commissioner of human services or the administrator's designee.
4.26 Subd. 2. Review procedure. (a) If a vulnerable adult or an interested person acting
4.27on behalf of the vulnerable adult requests a review under this section, the panel shall
4.28review the request at its next quarterly meeting. If the next quarterly meeting is within
4.29ten days of the panel's receipt of the request for review, the review may be delayed until
4.30the next subsequent meeting. The panel shall review the request and the investigation
4.31memorandum and may review any other data on the investigation maintained by the lead
4.32investigative agency that are pertinent and necessary to its review of the final disposition.
4.33If more than one person requests a review under this section with respect to the same final
4.34disposition, the review panel shall combine the requests into one review. The panel shall
5.1submit its written request for the case file and other documentation relevant to the review
5.2to the supervisor of the investigator conducting the investigation under review.
5.3(b) Within 30 days of the review under this section, the panel shall notify the director
5.4or manager of the lead investigative agency and the vulnerable adult or interested person
5.5who requested the review as to whether the panelagrees concurs with the final disposition
5.6or whether the lead investigative agency must reconsider the final disposition. If the panel
5.7determines that the lead investigative agency must reconsider the final disposition, the
5.8panel must make specificinvestigative recommendations to the director or manager of
5.9the lead investigative agency. The recommendation must include an explanation of the
5.10factors that form the basis of the recommendation to reconsider the final disposition and
5.11must specifically identify the disputed facts, the disputed application of maltreatment
5.12definitions, the disputed application of responsibility for maltreatment, and the disputed
5.13weighing of evidence, whichever apply. Within 30 days the lead investigative agency
5.14shall conduct a review and report back to the panel with its determination and the specific
5.15rationale for its final disposition. At a minimum, the specific rationale must include a
5.16detailed response to each of the factors identified by the panel that formed the basis for the
5.17recommendations of the panel.
5.18(c) Upon receiving the report of reconsideration from the lead investigative agency,
5.19the panel shall communicate the decision in writing to the vulnerable adult or interested
5.20person acting on behalf of the vulnerable adult who requested the review. The panel
5.21shall include the specific rationale provided by the lead investigative agency as part of
5.22the communication.
5.23 Subd. 3. Report. By January 15 of each year, the panel shall submit a report to the
5.24committees of the legislature with jurisdiction over section626.557 regarding the number
5.25of requests for review it receives under this section, the number of cases where the panel
5.26requires the lead investigative agency to reconsider its final disposition, and the number of
5.27cases where the final disposition is changed, and any recommendations to improve the
5.28review or investigative process.
5.29 Subd. 4. Data. Data of the review panel created or received as part of a review
5.30under this section are private data on individuals as defined in section13.02 .
5.31 Sec. 4. Minnesota Statutes 2010, section 256.045, subdivision 4, is amended to read:
5.32 Subd. 4. Conduct of hearings. (a) All hearings held pursuant to subdivision 3, 3a,
5.333b, or 4a shall be conducted according to the provisions of the federal Social Security
5.34Act and the regulations implemented in accordance with that act to enable this state to
5.35qualify for federal grants-in-aid, and according to the rules and written policies of the
6.1commissioner of human services. County agencies shall install equipment necessary to
6.2conduct telephone hearings. A state human services referee may schedule a telephone
6.3conference hearing when the distance or time required to travel to the county agency
6.4offices will cause a delay in the issuance of an order, or to promote efficiency, or at the
6.5mutual request of the parties. Hearings may be conducted by telephone conferences unless
6.6the applicant, recipient, former recipient, person, or facility contesting maltreatment
6.7objects. The hearing shall not be held earlier than five days after filing of the required
6.8notice with the county or state agency. The state human services referee shall notify all
6.9interested persons of the time, date, and location of the hearing at least five days before
6.10the date of the hearing. Interested persons may be represented by legal counsel or other
6.11representative of their choice, including a provider of therapy services, at the hearing
6.12and may appear personally, testify and offer evidence, and examine and cross-examine
6.13witnesses. The applicant, recipient, former recipient, person, or facility contesting
6.14maltreatment shall have the opportunity to examine the contents of the case file and
6.15all documents and records to be used by the county or state agency at the hearing at a
6.16reasonable time before the date of the hearing and during the hearing. In hearings under
6.17subdivision 3, paragraph (a), clauses (4), (8), and (9), either party may subpoena the
6.18private data relating to the investigation prepared by the agency under section626.556
6.19or626.557 that is not otherwise accessible under section
13.04 , provided the identity of
6.20the reporter may not be disclosed.
6.21(b) The private data obtained by subpoena in a hearing under subdivision 3,
6.22paragraph (a), clause (4), (8), or (9), must be subject to a protective order which prohibits
6.23its disclosure for any other purpose outside the hearing provided for in this section without
6.24prior order of the district court. Disclosure without court order is punishable by a sentence
6.25of not more than 90 days imprisonment or a fine of not more than $1,000, or both. These
6.26restrictions on the use of private data do not prohibit access to the data under section13.03,
6.27subdivision 6 . Except for appeals under subdivision 3, paragraph (a), clauses (4), (5), (8),
6.28and (9), upon request, the county agency shall provide reimbursement for transportation,
6.29child care, photocopying, medical assessment, witness fee, and other necessary and
6.30reasonable costs incurred by the applicant, recipient, or former recipient in connection with
6.31the appeal. All evidence, except that privileged by law, commonly accepted by reasonable
6.32people in the conduct of their affairs as having probative value with respect to the issues
6.33shall be submitted at the hearing and such hearing shall not be "a contested case" within
6.34the meaning of section14.02, subdivision 3 . The agency must present its evidence prior to
6.35or at the hearing, and may not submit evidence after the hearing except by agreement of
6.36the parties at the hearing, provided the petitioner has the opportunity to respond.
7.1(c) In hearings under subdivision 3, paragraph (a), clauses (4), (8), and (9), involving
7.2determinations of maltreatment or disqualification made by more than one county agency,
7.3by a county agency and a state agency, or by more than one state agency, the hearings
7.4may be consolidated into a single fair hearing upon the consent of all parties and the state
7.5human services referee.
7.6(d) For hearings under subdivision 3, paragraph (a), clause (4) or (10), involving a
7.7vulnerable adult, the human services referee shall notify the vulnerable adult who is the
7.8subject of the maltreatment determination and, if known, a guardian of the vulnerable adult
7.9appointed under section 524.5-310, or a health care agent designated by the vulnerable
7.10adult in a health care directive that is currently effective under section 145C.06 and whose
7.11authority to make health care decisions is not suspended under section 524.5-310, of the
7.12hearing. The notice must be sent by certified mail and inform the vulnerable adult of the
7.13right to file a signed written statement in the proceedings. A guardian or health care
7.14agent who prepares or files a written statement for the vulnerable adult must indicate in
7.15the statement that the person is the vulnerable adult's guardian or health care agent and
7.16sign the statement in that capacity. The vulnerable adult, the guardian, or the health care
7.17agent may file a written statement with the human services referee hearing the case no
7.18later than five business days before commencement of the hearing. The human services
7.19referee shall include the written statement in the hearing record and consider the statement
7.20in deciding the appeal. This subdivision does not limit, prevent, or excuse the vulnerable
7.21adult from being called as a witness testifying at the hearing or grant the vulnerable adult,
7.22the guardian, or health care agent a right to participate in the proceedings or appeal the
7.23human services referee's decision in the case. The lead investigative agency must consider
7.24including the vulnerable adult victim of maltreatment as a witness in the hearing. If the
7.25lead investigative agency determines that participation in the hearing would endanger the
7.26well-being of the vulnerable adult or not be in the best interests of the vulnerable adult,
7.27the lead investigative agency shall inform the human services referee of the basis for this
7.28determination, which must be included in the final order. If the human services referee
7.29is not reasonably able to determine the address of the vulnerable adult, the guardian, or
7.30the health care agent, the human services referee is not required to send a hearing notice
7.31under this subdivision.
7.32 Sec. 5. Minnesota Statutes 2010, section 518.165, subdivision 5, is amended to read:
7.33 Subd. 5. Procedure, criminal history, and maltreatment records background
7.34study. (a) When the court requests a background study under subdivision 4, paragraph
8.1(a), the request shall be submitted to the Department of Human Services through the
8.2department's electronic online background study system.
8.3(b) When the court requests a search of the National Criminal Records Repository,
8.4the court must provide a set of classifiable fingerprints of the subject of the study on a
8.5fingerprint card provided by the commissioner of human services.
8.6(c) The commissioner of human services shall provide the court with criminal
8.7history data as defined in section13.87 from the Bureau of Criminal Apprehension in
8.8the Department of Public Safety, other criminal history data held by the commissioner
8.9of human services, and data regarding substantiated maltreatment of a minor under
8.10section626.556 , and substantiated maltreatment of a vulnerable adult under section
8.11626.557
, within 15 working days of receipt of a request. If the subject of the study has
8.12been determined by the Department of Human Services or the Department of Health
8.13to be the perpetrator of substantiated maltreatment of a minor or vulnerable adult
8.14in a licensed facility, the response must include a copy of the public portion of the
8.15investigation memorandum under section626.556, subdivision 10f , or the public portion
8.16of the investigation memorandum under section626.557, subdivision 12b . When the
8.17background study shows that the subject has been determined by a county adult protection
8.18or child protection agency to have been responsible for maltreatment, the court shall be
8.19informed of the county, the date of the finding, and the nature of the maltreatment that
8.20was substantiated. The commissioner shall provide the court with information from the
8.21National Criminal Records Repository within three working days of the commissioner's
8.22receipt of the data. When the commissioner finds no criminal history or substantiated
8.23maltreatment on a background study subject, the commissioner shall make these results
8.24available to the court electronically through the secure online background study system.
8.25(d) Notwithstanding section626.556, subdivision 10f , or
626.557, subdivision 12b ,
8.26if the commissioner or county lead agency or lead investigative agency has information
8.27that a person on whom a background study was previously done under this section has
8.28been determined to be a perpetrator of maltreatment of a minor or vulnerable adult, the
8.29commissioner or the county may provide this information to the court that requested the
8.30background study.
8.31 Sec. 6. Minnesota Statutes 2010, section 524.5-118, subdivision 2, is amended to read:
8.32 Subd. 2. Procedure; criminal history and maltreatment records background
8.33check. (a) The court shall request the commissioner of human services to complete a
8.34background study under section245C.32 . The request must be accompanied by the
8.35applicable fee and the signed consent of the subject of the study authorizing the release of
9.1the data obtained to the court. If the court is requesting a search of the National Criminal
9.2Records Repository, the request must be accompanied by a set of classifiable fingerprints
9.3of the subject of the study. The fingerprints must be recorded on a fingerprint card
9.4provided by the commissioner of human services.
9.5(b) The commissioner of human services shall provide the court with criminal
9.6history data as defined in section13.87 from the Bureau of Criminal Apprehension in the
9.7Department of Public Safety, other criminal history data held by the commissioner of
9.8human services, and data regarding substantiated maltreatment of vulnerable adults under
9.9section626.557 and substantiated maltreatment of minors under section
626.556 within
9.1015 working days of receipt of a request. If the subject of the study has been the perpetrator
9.11of substantiated maltreatment of a vulnerable adult or minor, the response must include
9.12a copy of the public portion of the investigation memorandum under section626.557,
9.13subdivision 12b , or the public portion of the investigation memorandum under section
9.14626.556, subdivision 10f
. If the court did not request a search of the National Criminal
9.15Records Repository and information from the Bureau of Criminal Apprehension indicates
9.16that the subject is a multistate offender or that multistate offender status is undetermined,
9.17the response must include this information. The commissioner shall provide the court with
9.18information from the National Criminal Records Repository within three working days
9.19of the commissioner's receipt of the data.
9.20(c) Notwithstanding section626.557, subdivision 12b , or
626.556, subdivision 10f ,
9.21if the commissioner of human services or a county lead agency or lead investigative
9.22agency has information that a person on whom a background study was previously done
9.23under this section has been determined to be a perpetrator of maltreatment of a vulnerable
9.24adult or minor, the commissioner or the county may provide this information to the court
9.25that requested the background study. The commissioner may also provide the court
9.26with additional criminal history or substantiated maltreatment information that becomes
9.27available after the background study is done.
9.28 Sec. 7. Minnesota Statutes 2010, section 609.2231, is amended by adding a subdivision
9.29to read:
9.30 Subd. 8. Vulnerable adults. (a) As used in this subdivision, "vulnerable adult" has
9.31the meaning given in section 609.232, subdivision 11.
9.32(b) Whoever assaults and inflicts demonstrable bodily harm on a vulnerable adult,
9.33knowing or having reason to know that the person is a vulnerable adult, is guilty of a
9.34gross misdemeanor.
10.1EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
10.2committed on or after that date.
10.3 Sec. 8. Minnesota Statutes 2010, section 609.224, subdivision 2, is amended to read:
10.4 Subd. 2. Gross misdemeanor. (a) Whoever violates the provisions of subdivision 1
10.5against the same victim within ten years of a previous qualified domestic violence-related
10.6offense conviction or adjudication of delinquency is guilty of a gross misdemeanor and
10.7may be sentenced to imprisonment for not more than one year or to payment of a fine of
10.8not more than $3,000, or both.
10.9(b) Whoever violates the provisions of subdivision 1 within three years of a previous
10.10qualified domestic violence-related offense conviction or adjudication of delinquency is
10.11guilty of a gross misdemeanor and may be sentenced to imprisonment for not more than
10.12one year or to payment of a fine of not more than $3,000, or both.
10.13(c) A caregiver, as defined in section
609.232, who is an individual and who violates
10.14the provisions of subdivision 1 against a vulnerable adult, as defined in section
609.232, is
10.15guilty of a gross misdemeanor and may be sentenced to imprisonment for not more than
10.16one year or to payment of a fine of not more than $3,000, or both.
10.17EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
10.18committed on or after that date.
10.19 Sec. 9. Minnesota Statutes 2010, section 626.557, subdivision 9, is amended to read:
10.20 Subd. 9. Common entry point designation. (a) Each county board shall designate
10.21a common entry point for reports of suspected maltreatment. Two or more county boards
10.22may jointly designate a single common entry point. The common entry point is the unit
10.23responsible for receiving the report of suspected maltreatment under this section.
10.24(b) The common entry point must be available 24 hours per day to take calls from
10.25reporters of suspected maltreatment. The common entry point shall use a standard intake
10.26form that includes:
10.27(1) the time and date of the report;
10.28(2) the name, address, and telephone number of the person reporting;
10.29(3) the time, date, and location of the incident;
10.30(4) the names of the persons involved, including but not limited to, perpetrators,
10.31alleged victims, and witnesses;
10.32(5) whether there was a risk of imminent danger to the alleged victim;
10.33(6) a description of the suspected maltreatment;
10.34(7) the disability, if any, of the alleged victim;
11.1(8) the relationship of the alleged perpetrator to the alleged victim;
11.2(9) whether a facility was involved and, if so, which agency licenses the facility;
11.3(10) any action taken by the common entry point;
11.4(11) whether law enforcement has been notified;
11.5(12) whether the reporter wishes to receive notification of the initial and final
11.6reports; and
11.7(13) if the report is from a facility with an internal reporting procedure, the name,
11.8mailing address, and telephone number of the person who initiated the report internally.
11.9(c) The common entry point is not required to complete each item on the form prior
11.10to dispatching the report to the appropriate lead investigative agency.
11.11(d) The common entry point shall immediately report to a law enforcement agency
11.12any incident in which there is reason to believe a crime has been committed.
11.13(e) If a report is initially made to a law enforcement agency or a lead investigative
11.14agency, those agencies shall take the report on the appropriate common entry point intake
11.15forms and immediately forward a copy to the common entry point.
11.16(f) The common entry point staff must receive training on how to screen and
11.17dispatch reports efficiently and in accordance with this section.
11.18(g) When a centralized database is available, the common entry point has access to
11.19the centralized database and must log the reportsin on into the database.
11.20 Sec. 10. Minnesota Statutes 2010, section 626.557, subdivision 9a, is amended to read:
11.21 Subd. 9a. Evaluation and referral of reports made to common entry point unit.
11.22 The common entry point must screen the reports of alleged or suspected maltreatment for
11.23immediate risk and make all necessary referrals as follows:
11.24 (1) if the common entry point determines that there is an immediate need for
11.25adult protective services, the common entry point agency shall immediately notify the
11.26appropriate county agency;
11.27 (2) if the report contains suspected criminal activity against a vulnerable adult, the
11.28common entry point shall immediately notify the appropriate law enforcement agency;
11.29 (3) the common entry point shall refer all reports of alleged or suspected
11.30maltreatment to the appropriate lead investigative agency as soon as possible, but in any
11.31event no longer than two working days; and
11.32 (4) if the report contains information about a suspicious death, the common entry
11.33point shall immediately notify the appropriate law enforcement agencies, the local
11.34medical examiner, and the ombudsman for mental health and developmental disabilities
12.1established under section245.92 . Law enforcement agencies shall coordinate with the
12.2local medical examiner and the ombudsman as provided by law.
12.3 Sec. 11. Minnesota Statutes 2010, section 626.557, subdivision 9c, is amended to read:
12.4 Subd. 9c. Lead investigative agency; notifications, dispositions, determinations.
12.5 (a) Upon request of the reporter, the lead investigative agency shall notify the reporter that
12.6it has received the report, and provide information on the initial disposition of the report
12.7within five business days of receipt of the report, provided that the notification will not
12.8endanger the vulnerable adult or hamper the investigation.
12.9 (b) Upon conclusion of every investigation it conducts, the lead investigative agency
12.10shall make a final disposition as defined in section626.5572, subdivision 8 .
12.11 (c) When determining whether the facility or individual is the responsible party for
12.12substantiated maltreatment or whether both the facility and the individual are responsible
12.13for substantiated maltreatment, the lead investigative agency shall consider at least the
12.14following mitigating factors:
12.15 (1) whether the actions of the facility or the individual caregivers were in accordance
12.16with, and followed the terms of, an erroneous physician order, prescription, resident
12.17care plan, or directive. This is not a mitigating factor when the facility or caregiver is
12.18responsible for the issuance of the erroneous order, prescription, plan, or directive or
12.19knows or should have known of the errors and took no reasonable measures to correct the
12.20defect before administering care;
12.21 (2) the comparative responsibility between the facility, other caregivers, and
12.22requirements placed upon the employee, including but not limited to, the facility's
12.23compliance with related regulatory standards and factors such as the adequacy of facility
12.24policies and procedures, the adequacy of facility training, the adequacy of an individual's
12.25participation in the training, the adequacy of caregiver supervision, the adequacy of facility
12.26staffing levels, and a consideration of the scope of the individual employee's authority; and
12.27 (3) whether the facility or individual followed professional standards in exercising
12.28professional judgment.
12.29 (d) When substantiated maltreatment is determined to have been committed by
12.30an individual who is also the facility license holder, both the individual and the facility
12.31must be determined responsible for the maltreatment, and both the background study
12.32disqualification standards under section245C.15, subdivision 4 , and the licensing actions
12.33under section245A.06 or
245A.07 apply.
12.34(e) The lead investigative agency shall complete its final disposition within 60
12.35calendar days. If the lead investigative agency is unable to complete its final disposition
13.1within 60 calendar days, the lead investigative agency shall notify the following persons
13.2provided that the notification will not endanger the vulnerable adult or hamper the
13.3investigation: (1) the vulnerable adult or the vulnerable adult'slegal guardian or health
13.4care agent, when known, if the lead investigative agency knows them to be aware of
13.5the investigation; and (2) the facility, where applicable. The notice shall contain the
13.6reason for the delay and the projected completion date. If the lead investigative agency is
13.7unable to complete its final disposition by a subsequent projected completion date, the
13.8lead investigative agency shall again notify the vulnerable adult or the vulnerable adult's
13.9legal guardian or health care agent, when known if the lead investigative agency knows
13.10them to be aware of the investigation, and the facility, where applicable, of the reason for
13.11the delay and the revised projected completion date provided that the notification will not
13.12endanger the vulnerable adult or hamper the investigation. The lead investigative agency
13.13must notify the health care agent of the vulnerable adult only if the health care agent's
13.14authority to make health care decisions for the vulnerable adult is currently effective under
13.15section 145C.06 and not suspended under section 524.5-310 and the investigation relates
13.16to a duty assigned to the health care agent by the principal. A lead investigative agency's
13.17inability to complete the final disposition within 60 calendar days or by any projected
13.18completion date does not invalidate the final disposition.
13.19 (f) Within ten calendar days of completing the final disposition, the lead investigative
13.20agency shall provide a copy of the public investigation memorandum under subdivision
13.2112b, paragraph (b), clause (1), when required to be completed under this section, to the
13.22following persons: (1) the vulnerable adult, or the vulnerable adult'slegal guardian
13.23or health care agent, if known, unless the lead investigative agency knows that the
13.24notification would endanger the well-being of the vulnerable adult; (2) the reporter, if the
13.25reporter requested notification when making the report, provided this notification would
13.26not endanger the well-being of the vulnerable adult; (3) the alleged perpetrator, if known;
13.27(4) the facility; and (5) the ombudsman for long-term care, or the ombudsman for mental
13.28health and developmental disabilities, as appropriate.
13.29(g) If, as a result of a reconsideration, review, or hearing, the lead investigative
13.30agency changes the final disposition, or if a final disposition is changed on appeal, the lead
13.31investigative agency shall notify the parties specified in paragraph (f).
13.32(g) (h) The lead investigative agency shall notify the vulnerable adult who is the
13.33subject of the report or the vulnerable adult'slegal guardian or health care agent, if known,
13.34and any person or facility determined to have maltreated a vulnerable adult, of their appeal
13.35or review rights under this section or section256.021 .
14.1(h) (i) The lead investigative agency shall routinely provide investigation memoranda
14.2for substantiated reports to the appropriate licensing boards. These reports must include
14.3the names of substantiated perpetrators. The lead investigative agency may not provide
14.4investigative memoranda for inconclusive or false reports to the appropriate licensing
14.5boards unless the lead investigative agency's investigation gives reason to believe that
14.6there may have been a violation of the applicable professional practice laws. If the
14.7investigation memorandum is provided to a licensing board, the subject of the investigation
14.8memorandum shall be notified and receive a summary of the investigative findings.
14.9(i) (j) In order to avoid duplication, licensing boards shall consider the findings of
14.10the lead investigative agency in their investigations if they choose to investigate. This
14.11does not preclude licensing boards from considering other information.
14.12(j) (k) The lead investigative agency must provide to the commissioner of human
14.13services its final dispositions, including the names of all substantiated perpetrators.
14.14The commissioner of human services shall establish records to retain the names of
14.15substantiated perpetrators.
14.16 Sec. 12. Minnesota Statutes 2010, section 626.557, subdivision 9d, is amended to read:
14.17 Subd. 9d. Administrative reconsideration; review panel. (a) Except as provided
14.18under paragraph (e), any individual or facility which a lead investigative agency
14.19determines has maltreated a vulnerable adult, or the vulnerable adult or an interested
14.20person acting on behalf of the vulnerable adult, regardless of the lead investigative
14.21agency's determination, who contests the lead investigative agency's final disposition of an
14.22allegation of maltreatment, may request the lead investigative agency to reconsider its
14.23final disposition. The request for reconsideration must be submitted in writing to the lead
14.24investigative agency within 15 calendar days after receipt of notice of final disposition or,
14.25if the request is made by an interested person who is not entitled to notice, within 15 days
14.26after receipt of the notice by the vulnerable adult or the vulnerable adult'slegal guardian
14.27or health care agent. If mailed, the request for reconsideration must be postmarked
14.28and sent to the lead investigative agency within 15 calendar days of the individual's or
14.29facility's receipt of the final disposition. If the request for reconsideration is made by
14.30personal service, it must be received by the lead investigative agency within 15 calendar
14.31days of the individual's or facility's receipt of the final disposition. An individual who
14.32was determined to have maltreated a vulnerable adult under this section and who was
14.33disqualified on the basis of serious or recurring maltreatment under sections245C.14
14.34and245C.15 , may request reconsideration of the maltreatment determination and the
14.35disqualification. The request for reconsideration of the maltreatment determination and the
15.1disqualification must be submitted in writing within 30 calendar days of the individual's
15.2receipt of the notice of disqualification under sections245C.16 and
245C.17 . If mailed,
15.3the request for reconsideration of the maltreatment determination and the disqualification
15.4must be postmarked and sent to the lead investigative agency within 30 calendar days of
15.5the individual's receipt of the notice of disqualification. If the request for reconsideration
15.6is made by personal service, it must be received by the lead investigative agency within 30
15.7calendar days after the individual's receipt of the notice of disqualification.
15.8 (b) Except as provided under paragraphs (e) and (f), if the lead investigative agency
15.9denies the request or fails to act upon the request within 15 working days after receiving
15.10the request for reconsideration, the person or facility entitled to a fair hearing under
15.11section256.045 , may submit to the commissioner of human services a written request for
15.12a hearing under that statute. The vulnerable adult, or an interested person acting on behalf
15.13of the vulnerable adult, may request a review by the Vulnerable Adult Maltreatment
15.14Review Panel under section256.021 if the lead investigative agency denies the request
15.15or fails to act upon the request, or if the vulnerable adult or interested person contests a
15.16reconsidered disposition. The lead investigative agency shall notify persons who request
15.17reconsideration of their rights under this paragraph. The request must be submitted
15.18in writing to the review panel and a copy sent to the lead investigative agency within
15.1930 calendar days of receipt of notice of a denial of a request for reconsideration or of a
15.20reconsidered disposition. The request must specifically identify the aspects of the lead
15.21investigative agency determination with which the person is dissatisfied.
15.22 (c) If, as a result of a reconsideration or review, the lead investigative agency changes
15.23the final disposition, it shall notify the parties specified in subdivision 9c, paragraph(d) (f).
15.24 (d) For purposes of this subdivision, "interested person acting on behalf of the
15.25vulnerable adult" means a person designated in writing by the vulnerable adult to act
15.26on behalf of the vulnerable adult, or a legal guardian or conservator or other legal
15.27representative, a proxy or health care agent appointed under chapter 145B or 145C,
15.28or an individual who is related to the vulnerable adult, as defined in section245A.02,
15.29subdivision 13 .
15.30 (e) If an individual was disqualified under sections245C.14 and
245C.15 , on
15.31the basis of a determination of maltreatment, which was serious or recurring, and
15.32the individual has requested reconsideration of the maltreatment determination under
15.33paragraph (a) and reconsideration of the disqualification under sections245C.21 to
15.34245C.27
, reconsideration of the maltreatment determination and requested reconsideration
15.35of the disqualification shall be consolidated into a single reconsideration. If reconsideration
15.36of the maltreatment determination is denied and the individual remains disqualified
16.1following a reconsideration decision, the individual may request a fair hearing under
16.2section256.045 . If an individual requests a fair hearing on the maltreatment determination
16.3and the disqualification, the scope of the fair hearing shall include both the maltreatment
16.4determination and the disqualification.
16.5 (f) If a maltreatment determination or a disqualification based on serious or recurring
16.6maltreatment is the basis for a denial of a license under section245A.05 or a licensing
16.7sanction under section245A.07 , the license holder has the right to a contested case hearing
16.8under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. As provided
16.9for under section245A.08 , the scope of the contested case hearing must include the
16.10maltreatment determination, disqualification, and licensing sanction or denial of a license.
16.11In such cases, a fair hearing must not be conducted under section256.045 . Except for
16.12family child care and child foster care, reconsideration of a maltreatment determination
16.13under this subdivision, and reconsideration of a disqualification under section245C.22 ,
16.14must not be conducted when:
16.15 (1) a denial of a license under section245A.05 , or a licensing sanction under section
16.16245A.07
, is based on a determination that the license holder is responsible for maltreatment
16.17or the disqualification of a license holder based on serious or recurring maltreatment;
16.18 (2) the denial of a license or licensing sanction is issued at the same time as the
16.19maltreatment determination or disqualification; and
16.20 (3) the license holder appeals the maltreatment determination or disqualification, and
16.21denial of a license or licensing sanction.
16.22 Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment
16.23determination or disqualification, but does not appeal the denial of a license or a licensing
16.24sanction, reconsideration of the maltreatment determination shall be conducted under
16.25sections626.556, subdivision 10i , and
626.557, subdivision 9d , and reconsideration of the
16.26disqualification shall be conducted under section245C.22 . In such cases, a fair hearing
16.27shall also be conducted as provided under sections245C.27 ,
626.556, subdivision 10i, and
16.28626.557, subdivision 9d
.
16.29 If the disqualified subject is an individual other than the license holder and upon
16.30whom a background study must be conducted under chapter 245C, the hearings of all
16.31parties may be consolidated into a single contested case hearing upon consent of all parties
16.32and the administrative law judge.
16.33 (g) Until August 1, 2002, an individual or facility that was determined by the
16.34commissioner of human services or the commissioner of health to be responsible for
16.35neglect under section626.5572, subdivision 17 , after October 1, 1995, and before August
16.361, 2001, that believes that the finding of neglect does not meet an amended definition of
17.1neglect may request a reconsideration of the determination of neglect. The commissioner
17.2of human services or the commissioner of health shall mail a notice to the last known
17.3address of individuals who are eligible to seek this reconsideration. The request for
17.4reconsideration must state how the established findings no longer meet the elements of
17.5the definition of neglect. The commissioner shall review the request for reconsideration
17.6and make a determination within 15 calendar days. The commissioner's decision on this
17.7reconsideration is the final agency action.
17.8 (1) For purposes of compliance with the data destruction schedule under subdivision
17.912b, paragraph (d), when a finding of substantiated maltreatment has been changed as
17.10a result of a reconsideration under this paragraph, the date of the original finding of a
17.11substantiated maltreatment must be used to calculate the destruction date.
17.12 (2) For purposes of any background studies under chapter 245C, when a
17.13determination of substantiated maltreatment has been changed as a result of a
17.14reconsideration under this paragraph, any prior disqualification of the individual under
17.15chapter 245C that was based on this determination of maltreatment shall be rescinded,
17.16and for future background studies under chapter 245C the commissioner must not use the
17.17previous determination of substantiated maltreatment as a basis for disqualification or as a
17.18basis for referring the individual's maltreatment history to a health-related licensing board
17.19under section245C.31 .
17.20 Sec. 13. Minnesota Statutes 2010, section 626.557, subdivision 12b, is amended to
17.21read:
17.22 Subd. 12b. Data management. (a) In performing any of the duties of this section as
17.23a lead investigative agency, the county social service agency shall maintain appropriate
17.24records. Data collected by the county social service agency under this section are welfare
17.25data under section13.46 . Notwithstanding section
13.46, subdivision 1 , paragraph (a),
17.26data under this paragraph that are inactive investigative data on an individual who is a
17.27vendor of services are private data on individuals, as defined in section13.02 . The identity
17.28of the reporter may only be disclosed as provided in paragraph (c).
17.29Data maintained by the common entry point are confidential data on individuals or
17.30protected nonpublic data as defined in section13.02 . Notwithstanding section
138.163 ,
17.31the common entry point shall maintain data for three calendar years after date of receipt
17.32and then destroy the data unless otherwise directed by federal requirements.
17.33(b) The commissioners of health and human services shall prepare an investigation
17.34memorandum for each report alleging maltreatment investigated under this section.
17.35County social service agencies must maintain private data on individuals but are not
18.1required to prepare an investigation memorandum. During an investigation by the
18.2commissioner of health or the commissioner of human services, data collected under this
18.3section are confidential data on individuals or protected nonpublic data as defined in
18.4section13.02 . Upon completion of the investigation, the data are classified as provided in
18.5clauses (1) to (3) and paragraph (c).
18.6(1) The investigation memorandum must contain the following data, which are
18.7public:
18.8(i) the name of the facility investigated;
18.9(ii) a statement of the nature of the alleged maltreatment;
18.10(iii) pertinent information obtained from medical or other records reviewed;
18.11(iv) the identity of the investigator;
18.12(v) a summary of the investigation's findings;
18.13(vi) statement of whether the report was found to be substantiated, inconclusive,
18.14false, or that no determination will be made;
18.15(vii) a statement of any action taken by the facility;
18.16(viii) a statement of any action taken by the lead investigative agency; and
18.17(ix) when a lead investigative agency's determination has substantiated maltreatment,
18.18a statement of whether an individual, individuals, or a facility were responsible for the
18.19substantiated maltreatment, if known.
18.20The investigation memorandum must be written in a manner which protects the
18.21identity of the reporter and of the vulnerable adult and may not contain the names or, to
18.22the extent possible, data on individuals or private data listed in clause (2).
18.23(2) Data on individuals collected and maintained in the investigation memorandum
18.24are private data, including:
18.25(i) the name of the vulnerable adult;
18.26(ii) the identity of the individual alleged to be the perpetrator;
18.27(iii) the identity of the individual substantiated as the perpetrator; and
18.28(iv) the identity of all individuals interviewed as part of the investigation.
18.29(3) Other data on individuals maintained as part of an investigation under this section
18.30are private data on individuals upon completion of the investigation.
18.31(c) After the assessment or investigation is completed, the name of the reporter
18.32must be confidential. The subject of the report may compel disclosure of the name of the
18.33reporter only with the consent of the reporter or upon a written finding by a court that
18.34the report was false and there is evidence that the report was made in bad faith. This
18.35subdivision does not alter disclosure responsibilities or obligations under the Rules of
18.36Criminal Procedure, except that where the identity of the reporter is relevant to a criminal
19.1prosecution, the district court shall do an in-camera review prior to determining whether
19.2to order disclosure of the identity of the reporter.
19.3(d) Notwithstanding section138.163 , data maintained under this section by the
19.4commissioners of health and human services must be maintained under the following
19.5schedule and then destroyed unless otherwise directed by federal requirements:
19.6(1) data from reports determined to be false, maintained for three years after the
19.7finding was made;
19.8(2) data from reports determined to be inconclusive, maintained for four years after
19.9the finding was made;
19.10(3) data from reports determined to be substantiated, maintained for seven years
19.11after the finding was made; and
19.12(4) data from reports which were not investigated by a lead investigative agency
19.13and for which there is no final disposition, maintained for three years from the date of
19.14the report.
19.15(e) The commissioners of health and human services shall each annually report to
19.16the legislature and the governor on the number and type of reports of alleged maltreatment
19.17involving licensed facilities reported under this section, the number of those requiring
19.18investigation under this section, and the resolution of those investigations. The report
19.19shall identify:
19.20(1) whether and where backlogs of cases result in a failure to conform with statutory
19.21time frames;
19.22(2) where adequate coverage requires additional appropriations and staffing; and
19.23(3) any other trends that affect the safety of vulnerable adults.
19.24(f) Each lead investigative agency must have a record retention policy.
19.25(g) Lead investigative agencies, prosecuting authorities, and law enforcement
19.26agencies may exchange not public data, as defined in section13.02 , if the agency or
19.27authority requesting the data determines that the data are pertinent and necessary to the
19.28requesting agency in initiating, furthering, or completing an investigation under this
19.29section. Data collected under this section must be made available to prosecuting authorities
19.30and law enforcement officials, local county agencies, and licensing agencies investigating
19.31the alleged maltreatment under this section. The lead investigative agency shall exchange
19.32not public data with the vulnerable adult maltreatment review panel established in section
19.33256.021
if the data are pertinent and necessary for a review requested under that section.
19.34Notwithstanding section 138.17, upon completion of the review, not public data received
19.35by the review panel must bereturned to the lead agency destroyed.
20.1(h) Each lead investigative agency shall keep records of the length of time it takes to
20.2complete its investigations.
20.3(i) A lead investigative agency may notify other affected parties and their authorized
20.4representative if the lead investigative agency has reason to believe maltreatment has
20.5occurred and determines the information will safeguard the well-being of the affected
20.6parties or dispel widespread rumor or unrest in the affected facility.
20.7(j) Under any notification provision of this section, where federal law specifically
20.8prohibits the disclosure of patient identifying information, a lead investigative agency may
20.9not provide any notice unless the vulnerable adult has consented to disclosure in a manner
20.10which conforms to federal requirements.
20.11 Sec. 14. Minnesota Statutes 2010, section 626.557, is amended by adding a subdivision
20.12to read:
20.13 Subd. 21. Contested case hearing. When an appeal of a lead investigative
20.14agency determination results in a contested case hearing under chapter 245A or 245C,
20.15the administrative law judge shall notify the vulnerable adult who is the subject of the
20.16maltreatment determination and, if known, a guardian of the vulnerable adult appointed
20.17under section 524.5-310, or a health care agent designated by the vulnerable adult in
20.18a health care directive that is currently effective under section 145C.06, and whose
20.19authority to make health care decisions is not suspended under section 524.5-310, of the
20.20hearing. The notice must be sent by certified mail and inform the vulnerable adult of the
20.21right to file a signed written statement in the proceedings. A guardian or health care
20.22agent who prepares or files a written statement for the vulnerable adult must indicate in
20.23the statement that the person is the vulnerable adult's guardian or health care agent and
20.24sign the statement in that capacity. The vulnerable adult, the guardian, or the health care
20.25agent may file a written statement with the administrative law judge hearing the case no
20.26later than five business days before commencement of the hearing. The administrative
20.27law judge shall include the written statement in the hearing record and consider the
20.28statement in deciding the appeal. This subdivision does not limit, prevent, or excuse
20.29the vulnerable adult from being called as a witness testifying at the hearing or grant the
20.30vulnerable adult, the guardian, or health care agent a right to participate in the proceedings
20.31or appeal the administrative law judge's decision in the case. The lead investigative
20.32agency must consider including the vulnerable adult victim of maltreatment as a witness
20.33in the hearing. If the lead investigative agency determines that participation in the hearing
20.34would endanger the well-being of the vulnerable adult or not be in the best interests of
20.35the vulnerable adult, the lead investigative agency shall inform the administrative law
21.1judge of the basis for this determination, which must be included in the final order. If the
21.2administrative law judge is not reasonably able to determine the address of the vulnerable
21.3adult, the guardian, or the health care agent, the administrative law judge is not required to
21.4send a hearing notice under this subdivision.
21.5 Sec. 15. Minnesota Statutes 2010, section 626.5571, subdivision 1, is amended to read:
21.6 Subdivision 1. Establishment of team. A county may establish a multidisciplinary
21.7adult protection team comprised of the director of the local welfare agency or designees,
21.8the county attorney or designees, the county sheriff or designees, and representatives of
21.9health care. In addition, representatives of mental health or other appropriate human
21.10service agencies, representatives from local tribal governments, and adult advocate groups
21.11may be added to the adult protection team.
21.12 Sec. 16. Minnesota Statutes 2010, section 626.5572, subdivision 13, is amended to
21.13read:
21.14 Subd. 13. Lead investigative agency. "Lead investigative agency" is the primary
21.15administrative agency responsible for investigating reports made under section626.557 .
21.16(a) The Department of Health is the lead investigative agency forthe facilities which
21.17are or services licensed or are required to be licensed as hospitals, home care providers,
21.18nursing homes,residential care homes, boarding care homes, or hospice providers,
21.19residential facilities that are also federally certified as intermediate care facilities that serve
21.20people with developmental disabilities, or any other facility or service not listed in this
21.21subdivision that is licensed or required to be licensed by the Department of Health for
21.22the care of vulnerable adults. "Home care provider" has the meaning provided in section
21.23144A.43, subdivision 4, and applies when care or services are delivered in the vulnerable
21.24adult's home, whether a private home or a housing with services establishment registered
21.25under chapter 144D, including those that offer assisted living services under chapter 144G.
21.26(b) The Department of Human Services is the lead investigative agency forthe
21.27programs facilities or services licensed or required to be licensed as adult day care,
21.28adult foster care, programs for people with developmental disabilities, family adult day
21.29services, mental health programs,or mental health clinics, chemical health dependency
21.30programs, the Minnesota sex offender program, or any other facility or service not listed
21.31in this subdivision that is licensed or required to be licensed by the Department of Human
21.32Services.
21.33(c) The county social service agency or its designee is the lead investigative agency
21.34for all other reports, including, but not limited to, reports involving vulnerable adults
22.1receiving services froman unlicensed a personal care provider organization under section
22.2256B.0659
.
22.3 Sec. 17. REVISOR'S INSTRUCTION.
22.4The revisor of statutes shall change the terms "lead agency" and "lead agency's" to
22.5"lead investigative agency" or "lead investigative agency's" wherever they appear in
22.6Minnesota Statutes, sections 13A.02; 256.045; 626.557; and 626.5572.
1.3reviews, and hearings; making the crime of criminal abuse of a vulnerable
1.4adult a registrable offense under the predatory offender registration law;
1.5changing terminology; increasing the criminal penalty for assaulting a vulnerable
1.6adult; providing criminal penalties; amending Minnesota Statutes 2010,
1.7sections 144.7065, subdivision 10; 243.166, subdivision 1b; 256.021; 256.045,
1.8subdivision 4; 518.165, subdivision 5; 524.5-118, subdivision 2; 609.2231, by
1.9adding a subdivision; 609.224, subdivision 2; 626.557, subdivisions 9, 9a, 9c, 9d,
1.1012b, by adding a subdivision; 626.5571, subdivision 1; 626.5572, subdivision 13.
1.11BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.12 Section 1. Minnesota Statutes 2010, section 144.7065, subdivision 10, is amended to
1.13read:
1.14 Subd. 10. Relation to other law; data classification. (a) Adverse health events
1.15described in subdivisions 2 to 6 do not constitute "maltreatment," "neglect," or "a physical
1.16injury that is not reasonably explained" under section
1.17from the reporting requirements of sections
1.18makes a determination within 24 hours of the discovery of the event that this section is
1.19applicable and the facility files the reports required under this section in a timely fashion.
1.20(b) A facility that has determined that an event described in subdivisions 2 to 6
1.21has occurred must inform persons who are mandated reporters under section
1.22subdivision 3
1.23otherwise required to report under section
1.243
1.25paragraph (a) to be reportable under subdivisions 2 to 6.
1.26(c) The protections and immunities applicable to voluntary reports under sections
2.1(d) Notwithstanding section
2.2statute or rule to the contrary,
2.3
2.4of health,
2.5conduct an investigation of or obtain or create investigative data or reports regarding an
2.6event described in subdivisions 2 to 6. If the facility satisfies the requirements described
2.7in paragraph (a), the review or investigation shall be conducted and data or reports shall
2.8be obtained or created only under sections
2.9or required under sections
2.10certification responsibility under the provisions of sections 1864 and 1867 of the Social
2.11Security Act. If a licensed health care provider reports an event to the facility required to
2.12be reported under subdivisions 2 to 6 in a timely manner, the provider's licensing board is
2.13not required to conduct an investigation of or obtain or create investigative data or reports
2.14regarding the individual reporting of the events described in subdivisions 2 to 6.
2.15(e) Data contained in the following records are nonpublic and, to the extent they
2.16contain data on individuals, confidential data on individuals, as defined in section
2.17(1) reports provided to the commissioner under sections
2.19(2) event reports, findings of root cause analyses, and corrective action plans filed by
2.20a facility under this section; and
2.21(3) records created or obtained by the commissioner in reviewing or investigating
2.22the reports, findings, and plans described in clause (2).
2.23For purposes of the nonpublic data classification contained in this paragraph, the
2.24reporting facility shall be deemed the subject of the data.
2.25 Sec. 2. Minnesota Statutes 2010, section 243.166, subdivision 1b, is amended to read:
2.26 Subd. 1b. Registration required. (a) A person shall register under this section if:
2.27(1) the person was charged with or petitioned for a felony violation of or attempt to
2.28violate, or aiding, abetting, or conspiracy to commit, any of the following, and convicted
2.29of or adjudicated delinquent for that offense or another offense arising out of the same
2.30set of circumstances:
2.31(i) murder under section
2.32(ii) kidnapping under section
2.33(iii) criminal sexual conduct under section
2.35(iv) indecent exposure under section
3.1(2) the person was charged with or petitioned for a violation of, or attempt to
3.2violate, or aiding, abetting, or
3.3of section 609.2325, subdivision 1, paragraph (b), false imprisonment in violation of
3.4section
3.5section
3.6section
3.7or possessing pornographic work involving a minor in violation of section
3.8convicted of or adjudicated delinquent for that offense or another offense arising out
3.9of the same set of circumstances;
3.10(3) the person was sentenced as a patterned sex offender under section
3.11subdivision 3a
3.12(4) the person was convicted of or adjudicated delinquent for, including pursuant
3.13to a court martial, violating a law of the United States, including the Uniform Code of
3.14Military Justice, similar to the offenses described in clause (1), (2), or (3).
3.15(b) A person also shall register under this section if:
3.16(1) the person was convicted of or adjudicated delinquent in another state for an
3.17offense that would be a violation of a law described in paragraph (a) if committed in
3.18this state;
3.19(2) the person enters this state to reside, work, or attend school, or enters this state
3.20and remains for 14 days or longer; and
3.21(3) ten years have not elapsed since the person was released from confinement
3.22or, if the person was not confined, since the person was convicted of or adjudicated
3.23delinquent for the offense that triggers registration, unless the person is subject to a longer
3.24registration period under the laws of another state in which the person has been convicted
3.25or adjudicated, or is subject to lifetime registration.
3.26If a person described in this paragraph is subject to a longer registration period
3.27in another state or is subject to lifetime registration, the person shall register for that
3.28time period regardless of when the person was released from confinement, convicted, or
3.29adjudicated delinquent.
3.30(c) A person also shall register under this section if the person was committed
3.31pursuant to a court commitment order under section
3.321992, section
3.33whether the person was convicted of any offense.
3.34(d) A person also shall register under this section if:
3.35(1) the person was charged with or petitioned for a felony violation or attempt to
3.36violate any of the offenses listed in paragraph (a), clause (1), or a similar law of another
4.1state or the United States, or the person was charged with or petitioned for a violation of
4.2any of the offenses listed in paragraph (a), clause (2), or a similar law of another state or
4.3the United States;
4.4(2) the person was found not guilty by reason of mental illness or mental deficiency
4.5after a trial for that offense, or found guilty but mentally ill after a trial for that offense, in
4.6states with a guilty but mentally ill verdict; and
4.7(3) the person was committed pursuant to a court commitment order under section
4.9EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
4.10committed on or after that date.
4.11 Sec. 3. Minnesota Statutes 2010, section 256.021, is amended to read:
4.12256.021 VULNERABLE ADULT MALTREATMENT REVIEW PANEL.
4.13 Subdivision 1. Creation. (a) The commissioner of human services shall establish a
4.14review panel for purposes of reviewing lead investigative agency determinations regarding
4.15maltreatment of a vulnerable adult in response to requests received under section
4.16subdivision 9d
4.17conducting reviews under this section.
4.18(b) The review panel consists of:
4.19(1) the commissioners of health and human services or their designees;
4.20(2) the
4.21
4.22designees;
4.23(3) a member of the board on aging, appointed by the board
4.24(4) a representative from the county human services administrators appointed by the
4.25commissioner of human services or the administrator's designee.
4.26 Subd. 2. Review procedure. (a) If a vulnerable adult or an interested person acting
4.27on behalf of the vulnerable adult requests a review under this section, the panel shall
4.28review the request at its next quarterly meeting. If the next quarterly meeting is within
4.29ten days of the panel's receipt of the request for review, the review may be delayed until
4.30the next subsequent meeting. The panel shall review the request and the investigation
4.31memorandum and may review any other data on the investigation maintained by the lead
4.32investigative agency that are pertinent and necessary to its review of the final disposition.
4.33If more than one person requests a review under this section with respect to the same final
4.34disposition, the review panel shall combine the requests into one review. The panel shall
5.1submit its written request for the case file and other documentation relevant to the review
5.2to the supervisor of the investigator conducting the investigation under review.
5.3(b) Within 30 days of the review under this section, the panel shall notify the director
5.4or manager of the lead investigative agency and the vulnerable adult or interested person
5.5who requested the review as to whether the panel
5.6or whether the lead investigative agency must reconsider the final disposition. If the panel
5.7determines that the lead investigative agency must reconsider the final disposition, the
5.8panel must make specific
5.9the lead investigative agency. The recommendation must include an explanation of the
5.10factors that form the basis of the recommendation to reconsider the final disposition and
5.11must specifically identify the disputed facts, the disputed application of maltreatment
5.12definitions, the disputed application of responsibility for maltreatment, and the disputed
5.13weighing of evidence, whichever apply. Within 30 days the lead investigative agency
5.14shall conduct a review and report back to the panel with its determination and the specific
5.15rationale for its final disposition. At a minimum, the specific rationale must include a
5.16detailed response to each of the factors identified by the panel that formed the basis for the
5.17recommendations of the panel.
5.18(c) Upon receiving the report of reconsideration from the lead investigative agency,
5.19the panel shall communicate the decision in writing to the vulnerable adult or interested
5.20person acting on behalf of the vulnerable adult who requested the review. The panel
5.21shall include the specific rationale provided by the lead investigative agency as part of
5.22the communication.
5.23 Subd. 3. Report. By January 15 of each year, the panel shall submit a report to the
5.24committees of the legislature with jurisdiction over section
5.25of requests for review it receives under this section, the number of cases where the panel
5.26requires the lead investigative agency to reconsider its final disposition, and the number of
5.27cases where the final disposition is changed, and any recommendations to improve the
5.28review or investigative process.
5.29 Subd. 4. Data. Data of the review panel created or received as part of a review
5.30under this section are private data on individuals as defined in section
5.31 Sec. 4. Minnesota Statutes 2010, section 256.045, subdivision 4, is amended to read:
5.32 Subd. 4. Conduct of hearings. (a) All hearings held pursuant to subdivision 3, 3a,
5.333b, or 4a shall be conducted according to the provisions of the federal Social Security
5.34Act and the regulations implemented in accordance with that act to enable this state to
5.35qualify for federal grants-in-aid, and according to the rules and written policies of the
6.1commissioner of human services. County agencies shall install equipment necessary to
6.2conduct telephone hearings. A state human services referee may schedule a telephone
6.3conference hearing when the distance or time required to travel to the county agency
6.4offices will cause a delay in the issuance of an order, or to promote efficiency, or at the
6.5mutual request of the parties. Hearings may be conducted by telephone conferences unless
6.6the applicant, recipient, former recipient, person, or facility contesting maltreatment
6.7objects. The hearing shall not be held earlier than five days after filing of the required
6.8notice with the county or state agency. The state human services referee shall notify all
6.9interested persons of the time, date, and location of the hearing at least five days before
6.10the date of the hearing. Interested persons may be represented by legal counsel or other
6.11representative of their choice, including a provider of therapy services, at the hearing
6.12and may appear personally, testify and offer evidence, and examine and cross-examine
6.13witnesses. The applicant, recipient, former recipient, person, or facility contesting
6.14maltreatment shall have the opportunity to examine the contents of the case file and
6.15all documents and records to be used by the county or state agency at the hearing at a
6.16reasonable time before the date of the hearing and during the hearing. In hearings under
6.17subdivision 3, paragraph (a), clauses (4), (8), and (9), either party may subpoena the
6.18private data relating to the investigation prepared by the agency under section
6.19or
6.20the reporter may not be disclosed.
6.21(b) The private data obtained by subpoena in a hearing under subdivision 3,
6.22paragraph (a), clause (4), (8), or (9), must be subject to a protective order which prohibits
6.23its disclosure for any other purpose outside the hearing provided for in this section without
6.24prior order of the district court. Disclosure without court order is punishable by a sentence
6.25of not more than 90 days imprisonment or a fine of not more than $1,000, or both. These
6.26restrictions on the use of private data do not prohibit access to the data under section
6.27subdivision 6
6.28and (9), upon request, the county agency shall provide reimbursement for transportation,
6.29child care, photocopying, medical assessment, witness fee, and other necessary and
6.30reasonable costs incurred by the applicant, recipient, or former recipient in connection with
6.31the appeal. All evidence, except that privileged by law, commonly accepted by reasonable
6.32people in the conduct of their affairs as having probative value with respect to the issues
6.33shall be submitted at the hearing and such hearing shall not be "a contested case" within
6.34the meaning of section
6.35or at the hearing, and may not submit evidence after the hearing except by agreement of
6.36the parties at the hearing, provided the petitioner has the opportunity to respond.
7.1(c) In hearings under subdivision 3, paragraph (a), clauses (4), (8), and (9), involving
7.2determinations of maltreatment or disqualification made by more than one county agency,
7.3by a county agency and a state agency, or by more than one state agency, the hearings
7.4may be consolidated into a single fair hearing upon the consent of all parties and the state
7.5human services referee.
7.6(d) For hearings under subdivision 3, paragraph (a), clause (4) or (10), involving a
7.7vulnerable adult, the human services referee shall notify the vulnerable adult who is the
7.8subject of the maltreatment determination and, if known, a guardian of the vulnerable adult
7.9appointed under section 524.5-310, or a health care agent designated by the vulnerable
7.10adult in a health care directive that is currently effective under section 145C.06 and whose
7.11authority to make health care decisions is not suspended under section 524.5-310, of the
7.12hearing. The notice must be sent by certified mail and inform the vulnerable adult of the
7.13right to file a signed written statement in the proceedings. A guardian or health care
7.14agent who prepares or files a written statement for the vulnerable adult must indicate in
7.15the statement that the person is the vulnerable adult's guardian or health care agent and
7.16sign the statement in that capacity. The vulnerable adult, the guardian, or the health care
7.17agent may file a written statement with the human services referee hearing the case no
7.18later than five business days before commencement of the hearing. The human services
7.19referee shall include the written statement in the hearing record and consider the statement
7.20in deciding the appeal. This subdivision does not limit, prevent, or excuse the vulnerable
7.21adult from being called as a witness testifying at the hearing or grant the vulnerable adult,
7.22the guardian, or health care agent a right to participate in the proceedings or appeal the
7.23human services referee's decision in the case. The lead investigative agency must consider
7.24including the vulnerable adult victim of maltreatment as a witness in the hearing. If the
7.25lead investigative agency determines that participation in the hearing would endanger the
7.26well-being of the vulnerable adult or not be in the best interests of the vulnerable adult,
7.27the lead investigative agency shall inform the human services referee of the basis for this
7.28determination, which must be included in the final order. If the human services referee
7.29is not reasonably able to determine the address of the vulnerable adult, the guardian, or
7.30the health care agent, the human services referee is not required to send a hearing notice
7.31under this subdivision.
7.32 Sec. 5. Minnesota Statutes 2010, section 518.165, subdivision 5, is amended to read:
7.33 Subd. 5. Procedure, criminal history, and maltreatment records background
7.34study. (a) When the court requests a background study under subdivision 4, paragraph
8.1(a), the request shall be submitted to the Department of Human Services through the
8.2department's electronic online background study system.
8.3(b) When the court requests a search of the National Criminal Records Repository,
8.4the court must provide a set of classifiable fingerprints of the subject of the study on a
8.5fingerprint card provided by the commissioner of human services.
8.6(c) The commissioner of human services shall provide the court with criminal
8.7history data as defined in section
8.8the Department of Public Safety, other criminal history data held by the commissioner
8.9of human services, and data regarding substantiated maltreatment of a minor under
8.10section
8.12been determined by the Department of Human Services or the Department of Health
8.13to be the perpetrator of substantiated maltreatment of a minor or vulnerable adult
8.14in a licensed facility, the response must include a copy of the public portion of the
8.15investigation memorandum under section
8.16of the investigation memorandum under section
8.17background study shows that the subject has been determined by a county adult protection
8.18or child protection agency to have been responsible for maltreatment, the court shall be
8.19informed of the county, the date of the finding, and the nature of the maltreatment that
8.20was substantiated. The commissioner shall provide the court with information from the
8.21National Criminal Records Repository within three working days of the commissioner's
8.22receipt of the data. When the commissioner finds no criminal history or substantiated
8.23maltreatment on a background study subject, the commissioner shall make these results
8.24available to the court electronically through the secure online background study system.
8.25(d) Notwithstanding section
8.26if the commissioner or county lead agency or lead investigative agency has information
8.27that a person on whom a background study was previously done under this section has
8.28been determined to be a perpetrator of maltreatment of a minor or vulnerable adult, the
8.29commissioner or the county may provide this information to the court that requested the
8.30background study.
8.31 Sec. 6. Minnesota Statutes 2010, section 524.5-118, subdivision 2, is amended to read:
8.32 Subd. 2. Procedure; criminal history and maltreatment records background
8.33check. (a) The court shall request the commissioner of human services to complete a
8.34background study under section
8.35applicable fee and the signed consent of the subject of the study authorizing the release of
9.1the data obtained to the court. If the court is requesting a search of the National Criminal
9.2Records Repository, the request must be accompanied by a set of classifiable fingerprints
9.3of the subject of the study. The fingerprints must be recorded on a fingerprint card
9.4provided by the commissioner of human services.
9.5(b) The commissioner of human services shall provide the court with criminal
9.6history data as defined in section
9.7Department of Public Safety, other criminal history data held by the commissioner of
9.8human services, and data regarding substantiated maltreatment of vulnerable adults under
9.9section
9.1015 working days of receipt of a request. If the subject of the study has been the perpetrator
9.11of substantiated maltreatment of a vulnerable adult or minor, the response must include
9.12a copy of the public portion of the investigation memorandum under section
9.13subdivision 12b
9.15Records Repository and information from the Bureau of Criminal Apprehension indicates
9.16that the subject is a multistate offender or that multistate offender status is undetermined,
9.17the response must include this information. The commissioner shall provide the court with
9.18information from the National Criminal Records Repository within three working days
9.19of the commissioner's receipt of the data.
9.20(c) Notwithstanding section
9.21if the commissioner of human services or a county lead agency or lead investigative
9.22agency has information that a person on whom a background study was previously done
9.23under this section has been determined to be a perpetrator of maltreatment of a vulnerable
9.24adult or minor, the commissioner or the county may provide this information to the court
9.25that requested the background study. The commissioner may also provide the court
9.26with additional criminal history or substantiated maltreatment information that becomes
9.27available after the background study is done.
9.28 Sec. 7. Minnesota Statutes 2010, section 609.2231, is amended by adding a subdivision
9.29to read:
9.30 Subd. 8. Vulnerable adults. (a) As used in this subdivision, "vulnerable adult" has
9.31the meaning given in section 609.232, subdivision 11.
9.32(b) Whoever assaults and inflicts demonstrable bodily harm on a vulnerable adult,
9.33knowing or having reason to know that the person is a vulnerable adult, is guilty of a
9.34gross misdemeanor.
10.1EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
10.2committed on or after that date.
10.3 Sec. 8. Minnesota Statutes 2010, section 609.224, subdivision 2, is amended to read:
10.4 Subd. 2. Gross misdemeanor. (a) Whoever violates the provisions of subdivision 1
10.5against the same victim within ten years of a previous qualified domestic violence-related
10.6offense conviction or adjudication of delinquency is guilty of a gross misdemeanor and
10.7may be sentenced to imprisonment for not more than one year or to payment of a fine of
10.8not more than $3,000, or both.
10.9(b) Whoever violates the provisions of subdivision 1 within three years of a previous
10.10qualified domestic violence-related offense conviction or adjudication of delinquency is
10.11guilty of a gross misdemeanor and may be sentenced to imprisonment for not more than
10.12one year or to payment of a fine of not more than $3,000, or both.
10.13
10.14
10.15
10.16
10.17EFFECTIVE DATE.This section is effective August 1, 2011, and applies to crimes
10.18committed on or after that date.
10.19 Sec. 9. Minnesota Statutes 2010, section 626.557, subdivision 9, is amended to read:
10.20 Subd. 9. Common entry point designation. (a) Each county board shall designate
10.21a common entry point for reports of suspected maltreatment. Two or more county boards
10.22may jointly designate a single common entry point. The common entry point is the unit
10.23responsible for receiving the report of suspected maltreatment under this section.
10.24(b) The common entry point must be available 24 hours per day to take calls from
10.25reporters of suspected maltreatment. The common entry point shall use a standard intake
10.26form that includes:
10.27(1) the time and date of the report;
10.28(2) the name, address, and telephone number of the person reporting;
10.29(3) the time, date, and location of the incident;
10.30(4) the names of the persons involved, including but not limited to, perpetrators,
10.31alleged victims, and witnesses;
10.32(5) whether there was a risk of imminent danger to the alleged victim;
10.33(6) a description of the suspected maltreatment;
10.34(7) the disability, if any, of the alleged victim;
11.1(8) the relationship of the alleged perpetrator to the alleged victim;
11.2(9) whether a facility was involved and, if so, which agency licenses the facility;
11.3(10) any action taken by the common entry point;
11.4(11) whether law enforcement has been notified;
11.5(12) whether the reporter wishes to receive notification of the initial and final
11.6reports; and
11.7(13) if the report is from a facility with an internal reporting procedure, the name,
11.8mailing address, and telephone number of the person who initiated the report internally.
11.9(c) The common entry point is not required to complete each item on the form prior
11.10to dispatching the report to the appropriate lead investigative agency.
11.11(d) The common entry point shall immediately report to a law enforcement agency
11.12any incident in which there is reason to believe a crime has been committed.
11.13(e) If a report is initially made to a law enforcement agency or a lead investigative
11.14agency, those agencies shall take the report on the appropriate common entry point intake
11.15forms and immediately forward a copy to the common entry point.
11.16(f) The common entry point staff must receive training on how to screen and
11.17dispatch reports efficiently and in accordance with this section.
11.18(g) When a centralized database is available, the common entry point has access to
11.19the centralized database and must log the reports
11.20 Sec. 10. Minnesota Statutes 2010, section 626.557, subdivision 9a, is amended to read:
11.21 Subd. 9a. Evaluation and referral of reports made to common entry point unit.
11.22 The common entry point must screen the reports of alleged or suspected maltreatment for
11.23immediate risk and make all necessary referrals as follows:
11.24 (1) if the common entry point determines that there is an immediate need for
11.25adult protective services, the common entry point agency shall immediately notify the
11.26appropriate county agency;
11.27 (2) if the report contains suspected criminal activity against a vulnerable adult, the
11.28common entry point shall immediately notify the appropriate law enforcement agency;
11.29 (3) the common entry point shall refer all reports of alleged or suspected
11.30maltreatment to the appropriate lead investigative agency as soon as possible, but in any
11.31event no longer than two working days; and
11.32 (4) if the report contains information about a suspicious death, the common entry
11.33point shall immediately notify the appropriate law enforcement agencies, the local
11.34medical examiner, and the ombudsman for mental health and developmental disabilities
12.1established under section
12.2local medical examiner and the ombudsman as provided by law.
12.3 Sec. 11. Minnesota Statutes 2010, section 626.557, subdivision 9c, is amended to read:
12.4 Subd. 9c. Lead investigative agency; notifications, dispositions, determinations.
12.5 (a) Upon request of the reporter, the lead investigative agency shall notify the reporter that
12.6it has received the report, and provide information on the initial disposition of the report
12.7within five business days of receipt of the report, provided that the notification will not
12.8endanger the vulnerable adult or hamper the investigation.
12.9 (b) Upon conclusion of every investigation it conducts, the lead investigative agency
12.10shall make a final disposition as defined in section
12.11 (c) When determining whether the facility or individual is the responsible party for
12.12substantiated maltreatment or whether both the facility and the individual are responsible
12.13for substantiated maltreatment, the lead investigative agency shall consider at least the
12.14following mitigating factors:
12.15 (1) whether the actions of the facility or the individual caregivers were in accordance
12.16with, and followed the terms of, an erroneous physician order, prescription, resident
12.17care plan, or directive. This is not a mitigating factor when the facility or caregiver is
12.18responsible for the issuance of the erroneous order, prescription, plan, or directive or
12.19knows or should have known of the errors and took no reasonable measures to correct the
12.20defect before administering care;
12.21 (2) the comparative responsibility between the facility, other caregivers, and
12.22requirements placed upon the employee, including but not limited to, the facility's
12.23compliance with related regulatory standards and factors such as the adequacy of facility
12.24policies and procedures, the adequacy of facility training, the adequacy of an individual's
12.25participation in the training, the adequacy of caregiver supervision, the adequacy of facility
12.26staffing levels, and a consideration of the scope of the individual employee's authority; and
12.27 (3) whether the facility or individual followed professional standards in exercising
12.28professional judgment.
12.29 (d) When substantiated maltreatment is determined to have been committed by
12.30an individual who is also the facility license holder, both the individual and the facility
12.31must be determined responsible for the maltreatment, and both the background study
12.32disqualification standards under section
12.33under section
12.34(e) The lead investigative agency shall complete its final disposition within 60
12.35calendar days. If the lead investigative agency is unable to complete its final disposition
13.1within 60 calendar days, the lead investigative agency shall notify the following persons
13.2provided that the notification will not endanger the vulnerable adult or hamper the
13.3investigation: (1) the vulnerable adult or the vulnerable adult's
13.4care agent, when known, if the lead investigative agency knows them to be aware of
13.5the investigation; and (2) the facility, where applicable. The notice shall contain the
13.6reason for the delay and the projected completion date. If the lead investigative agency is
13.7unable to complete its final disposition by a subsequent projected completion date, the
13.8lead investigative agency shall again notify the vulnerable adult or the vulnerable adult's
13.9
13.10them to be aware of the investigation, and the facility, where applicable, of the reason for
13.11the delay and the revised projected completion date provided that the notification will not
13.12endanger the vulnerable adult or hamper the investigation. The lead investigative agency
13.13must notify the health care agent of the vulnerable adult only if the health care agent's
13.14authority to make health care decisions for the vulnerable adult is currently effective under
13.15section 145C.06 and not suspended under section 524.5-310 and the investigation relates
13.16to a duty assigned to the health care agent by the principal. A lead investigative agency's
13.17inability to complete the final disposition within 60 calendar days or by any projected
13.18completion date does not invalidate the final disposition.
13.19 (f) Within ten calendar days of completing the final disposition, the lead investigative
13.20agency shall provide a copy of the public investigation memorandum under subdivision
13.2112b, paragraph (b), clause (1), when required to be completed under this section, to the
13.22following persons: (1) the vulnerable adult, or the vulnerable adult's
13.23or health care agent, if known, unless the lead investigative agency knows that the
13.24notification would endanger the well-being of the vulnerable adult; (2) the reporter, if the
13.25reporter requested notification when making the report, provided this notification would
13.26not endanger the well-being of the vulnerable adult; (3) the alleged perpetrator, if known;
13.27(4) the facility; and (5) the ombudsman for long-term care, or the ombudsman for mental
13.28health and developmental disabilities, as appropriate.
13.29(g) If, as a result of a reconsideration, review, or hearing, the lead investigative
13.30agency changes the final disposition, or if a final disposition is changed on appeal, the lead
13.31investigative agency shall notify the parties specified in paragraph (f).
13.32
13.33subject of the report or the vulnerable adult's
13.34and any person or facility determined to have maltreated a vulnerable adult, of their appeal
13.35or review rights under this section or section
14.1
14.2for substantiated reports to the appropriate licensing boards. These reports must include
14.3the names of substantiated perpetrators. The lead investigative agency may not provide
14.4investigative memoranda for inconclusive or false reports to the appropriate licensing
14.5boards unless the lead investigative agency's investigation gives reason to believe that
14.6there may have been a violation of the applicable professional practice laws. If the
14.7investigation memorandum is provided to a licensing board, the subject of the investigation
14.8memorandum shall be notified and receive a summary of the investigative findings.
14.9
14.10the lead investigative agency in their investigations if they choose to investigate. This
14.11does not preclude licensing boards from considering other information.
14.12
14.13services its final dispositions, including the names of all substantiated perpetrators.
14.14The commissioner of human services shall establish records to retain the names of
14.15substantiated perpetrators.
14.16 Sec. 12. Minnesota Statutes 2010, section 626.557, subdivision 9d, is amended to read:
14.17 Subd. 9d. Administrative reconsideration; review panel. (a) Except as provided
14.18under paragraph (e), any individual or facility which a lead investigative agency
14.19determines has maltreated a vulnerable adult, or the vulnerable adult or an interested
14.20person acting on behalf of the vulnerable adult, regardless of the lead investigative
14.21agency's determination, who contests the lead investigative agency's final disposition of an
14.22allegation of maltreatment, may request the lead investigative agency to reconsider its
14.23final disposition. The request for reconsideration must be submitted in writing to the lead
14.24investigative agency within 15 calendar days after receipt of notice of final disposition or,
14.25if the request is made by an interested person who is not entitled to notice, within 15 days
14.26after receipt of the notice by the vulnerable adult or the vulnerable adult's
14.27or health care agent. If mailed, the request for reconsideration must be postmarked
14.28and sent to the lead investigative agency within 15 calendar days of the individual's or
14.29facility's receipt of the final disposition. If the request for reconsideration is made by
14.30personal service, it must be received by the lead investigative agency within 15 calendar
14.31days of the individual's or facility's receipt of the final disposition. An individual who
14.32was determined to have maltreated a vulnerable adult under this section and who was
14.33disqualified on the basis of serious or recurring maltreatment under sections
14.34and
14.35disqualification. The request for reconsideration of the maltreatment determination and the
15.1disqualification must be submitted in writing within 30 calendar days of the individual's
15.2receipt of the notice of disqualification under sections
15.3the request for reconsideration of the maltreatment determination and the disqualification
15.4must be postmarked and sent to the lead investigative agency within 30 calendar days of
15.5the individual's receipt of the notice of disqualification. If the request for reconsideration
15.6is made by personal service, it must be received by the lead investigative agency within 30
15.7calendar days after the individual's receipt of the notice of disqualification.
15.8 (b) Except as provided under paragraphs (e) and (f), if the lead investigative agency
15.9denies the request or fails to act upon the request within 15 working days after receiving
15.10the request for reconsideration, the person or facility entitled to a fair hearing under
15.11section
15.12a hearing under that statute. The vulnerable adult, or an interested person acting on behalf
15.13of the vulnerable adult, may request a review by the Vulnerable Adult Maltreatment
15.14Review Panel under section
15.15or fails to act upon the request, or if the vulnerable adult or interested person contests a
15.16reconsidered disposition. The lead investigative agency shall notify persons who request
15.17reconsideration of their rights under this paragraph. The request must be submitted
15.18in writing to the review panel and a copy sent to the lead investigative agency within
15.1930 calendar days of receipt of notice of a denial of a request for reconsideration or of a
15.20reconsidered disposition. The request must specifically identify the aspects of the lead
15.21investigative agency determination with which the person is dissatisfied.
15.22 (c) If, as a result of a reconsideration or review, the lead investigative agency changes
15.23the final disposition, it shall notify the parties specified in subdivision 9c, paragraph
15.24 (d) For purposes of this subdivision, "interested person acting on behalf of the
15.25vulnerable adult" means a person designated in writing by the vulnerable adult to act
15.26on behalf of the vulnerable adult, or a legal guardian or conservator or other legal
15.27representative, a proxy or health care agent appointed under chapter 145B or 145C,
15.28or an individual who is related to the vulnerable adult, as defined in section
15.29subdivision 13
15.30 (e) If an individual was disqualified under sections
15.31the basis of a determination of maltreatment, which was serious or recurring, and
15.32the individual has requested reconsideration of the maltreatment determination under
15.33paragraph (a) and reconsideration of the disqualification under sections
15.35of the disqualification shall be consolidated into a single reconsideration. If reconsideration
15.36of the maltreatment determination is denied and the individual remains disqualified
16.1following a reconsideration decision, the individual may request a fair hearing under
16.2section
16.3and the disqualification, the scope of the fair hearing shall include both the maltreatment
16.4determination and the disqualification.
16.5 (f) If a maltreatment determination or a disqualification based on serious or recurring
16.6maltreatment is the basis for a denial of a license under section
16.7sanction under section
16.8under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. As provided
16.9for under section
16.10maltreatment determination, disqualification, and licensing sanction or denial of a license.
16.11In such cases, a fair hearing must not be conducted under section
16.12family child care and child foster care, reconsideration of a maltreatment determination
16.13under this subdivision, and reconsideration of a disqualification under section
16.14must not be conducted when:
16.15 (1) a denial of a license under section
16.17or the disqualification of a license holder based on serious or recurring maltreatment;
16.18 (2) the denial of a license or licensing sanction is issued at the same time as the
16.19maltreatment determination or disqualification; and
16.20 (3) the license holder appeals the maltreatment determination or disqualification, and
16.21denial of a license or licensing sanction.
16.22 Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment
16.23determination or disqualification, but does not appeal the denial of a license or a licensing
16.24sanction, reconsideration of the maltreatment determination shall be conducted under
16.25sections
16.26disqualification shall be conducted under section
16.27shall also be conducted as provided under sections
16.29 If the disqualified subject is an individual other than the license holder and upon
16.30whom a background study must be conducted under chapter 245C, the hearings of all
16.31parties may be consolidated into a single contested case hearing upon consent of all parties
16.32and the administrative law judge.
16.33 (g) Until August 1, 2002, an individual or facility that was determined by the
16.34commissioner of human services or the commissioner of health to be responsible for
16.35neglect under section
16.361, 2001, that believes that the finding of neglect does not meet an amended definition of
17.1neglect may request a reconsideration of the determination of neglect. The commissioner
17.2of human services or the commissioner of health shall mail a notice to the last known
17.3address of individuals who are eligible to seek this reconsideration. The request for
17.4reconsideration must state how the established findings no longer meet the elements of
17.5the definition of neglect. The commissioner shall review the request for reconsideration
17.6and make a determination within 15 calendar days. The commissioner's decision on this
17.7reconsideration is the final agency action.
17.8 (1) For purposes of compliance with the data destruction schedule under subdivision
17.912b, paragraph (d), when a finding of substantiated maltreatment has been changed as
17.10a result of a reconsideration under this paragraph, the date of the original finding of a
17.11substantiated maltreatment must be used to calculate the destruction date.
17.12 (2) For purposes of any background studies under chapter 245C, when a
17.13determination of substantiated maltreatment has been changed as a result of a
17.14reconsideration under this paragraph, any prior disqualification of the individual under
17.15chapter 245C that was based on this determination of maltreatment shall be rescinded,
17.16and for future background studies under chapter 245C the commissioner must not use the
17.17previous determination of substantiated maltreatment as a basis for disqualification or as a
17.18basis for referring the individual's maltreatment history to a health-related licensing board
17.19under section
17.20 Sec. 13. Minnesota Statutes 2010, section 626.557, subdivision 12b, is amended to
17.21read:
17.22 Subd. 12b. Data management. (a) In performing any of the duties of this section as
17.23a lead investigative agency, the county social service agency shall maintain appropriate
17.24records. Data collected by the county social service agency under this section are welfare
17.25data under section
17.26data under this paragraph that are inactive investigative data on an individual who is a
17.27vendor of services are private data on individuals, as defined in section
17.28of the reporter may only be disclosed as provided in paragraph (c).
17.29Data maintained by the common entry point are confidential data on individuals or
17.30protected nonpublic data as defined in section
17.31the common entry point shall maintain data for three calendar years after date of receipt
17.32and then destroy the data unless otherwise directed by federal requirements.
17.33(b) The commissioners of health and human services shall prepare an investigation
17.34memorandum for each report alleging maltreatment investigated under this section.
17.35County social service agencies must maintain private data on individuals but are not
18.1required to prepare an investigation memorandum. During an investigation by the
18.2commissioner of health or the commissioner of human services, data collected under this
18.3section are confidential data on individuals or protected nonpublic data as defined in
18.4section
18.5clauses (1) to (3) and paragraph (c).
18.6(1) The investigation memorandum must contain the following data, which are
18.7public:
18.8(i) the name of the facility investigated;
18.9(ii) a statement of the nature of the alleged maltreatment;
18.10(iii) pertinent information obtained from medical or other records reviewed;
18.11(iv) the identity of the investigator;
18.12(v) a summary of the investigation's findings;
18.13(vi) statement of whether the report was found to be substantiated, inconclusive,
18.14false, or that no determination will be made;
18.15(vii) a statement of any action taken by the facility;
18.16(viii) a statement of any action taken by the lead investigative agency; and
18.17(ix) when a lead investigative agency's determination has substantiated maltreatment,
18.18a statement of whether an individual, individuals, or a facility were responsible for the
18.19substantiated maltreatment, if known.
18.20The investigation memorandum must be written in a manner which protects the
18.21identity of the reporter and of the vulnerable adult and may not contain the names or, to
18.22the extent possible, data on individuals or private data listed in clause (2).
18.23(2) Data on individuals collected and maintained in the investigation memorandum
18.24are private data, including:
18.25(i) the name of the vulnerable adult;
18.26(ii) the identity of the individual alleged to be the perpetrator;
18.27(iii) the identity of the individual substantiated as the perpetrator; and
18.28(iv) the identity of all individuals interviewed as part of the investigation.
18.29(3) Other data on individuals maintained as part of an investigation under this section
18.30are private data on individuals upon completion of the investigation.
18.31(c) After the assessment or investigation is completed, the name of the reporter
18.32must be confidential. The subject of the report may compel disclosure of the name of the
18.33reporter only with the consent of the reporter or upon a written finding by a court that
18.34the report was false and there is evidence that the report was made in bad faith. This
18.35subdivision does not alter disclosure responsibilities or obligations under the Rules of
18.36Criminal Procedure, except that where the identity of the reporter is relevant to a criminal
19.1prosecution, the district court shall do an in-camera review prior to determining whether
19.2to order disclosure of the identity of the reporter.
19.3(d) Notwithstanding section
19.4commissioners of health and human services must be maintained under the following
19.5schedule and then destroyed unless otherwise directed by federal requirements:
19.6(1) data from reports determined to be false, maintained for three years after the
19.7finding was made;
19.8(2) data from reports determined to be inconclusive, maintained for four years after
19.9the finding was made;
19.10(3) data from reports determined to be substantiated, maintained for seven years
19.11after the finding was made; and
19.12(4) data from reports which were not investigated by a lead investigative agency
19.13and for which there is no final disposition, maintained for three years from the date of
19.14the report.
19.15(e) The commissioners of health and human services shall each annually report to
19.16the legislature and the governor on the number and type of reports of alleged maltreatment
19.17involving licensed facilities reported under this section, the number of those requiring
19.18investigation under this section, and the resolution of those investigations. The report
19.19shall identify:
19.20(1) whether and where backlogs of cases result in a failure to conform with statutory
19.21time frames;
19.22(2) where adequate coverage requires additional appropriations and staffing; and
19.23(3) any other trends that affect the safety of vulnerable adults.
19.24(f) Each lead investigative agency must have a record retention policy.
19.25(g) Lead investigative agencies, prosecuting authorities, and law enforcement
19.26agencies may exchange not public data, as defined in section
19.27authority requesting the data determines that the data are pertinent and necessary to the
19.28requesting agency in initiating, furthering, or completing an investigation under this
19.29section. Data collected under this section must be made available to prosecuting authorities
19.30and law enforcement officials, local county agencies, and licensing agencies investigating
19.31the alleged maltreatment under this section. The lead investigative agency shall exchange
19.32not public data with the vulnerable adult maltreatment review panel established in section
19.34Notwithstanding section 138.17, upon completion of the review, not public data received
19.35by the review panel must be
20.1(h) Each lead investigative agency shall keep records of the length of time it takes to
20.2complete its investigations.
20.3(i) A lead investigative agency may notify other affected parties and their authorized
20.4representative if the lead investigative agency has reason to believe maltreatment has
20.5occurred and determines the information will safeguard the well-being of the affected
20.6parties or dispel widespread rumor or unrest in the affected facility.
20.7(j) Under any notification provision of this section, where federal law specifically
20.8prohibits the disclosure of patient identifying information, a lead investigative agency may
20.9not provide any notice unless the vulnerable adult has consented to disclosure in a manner
20.10which conforms to federal requirements.
20.11 Sec. 14. Minnesota Statutes 2010, section 626.557, is amended by adding a subdivision
20.12to read:
20.13 Subd. 21. Contested case hearing. When an appeal of a lead investigative
20.14agency determination results in a contested case hearing under chapter 245A or 245C,
20.15the administrative law judge shall notify the vulnerable adult who is the subject of the
20.16maltreatment determination and, if known, a guardian of the vulnerable adult appointed
20.17under section 524.5-310, or a health care agent designated by the vulnerable adult in
20.18a health care directive that is currently effective under section 145C.06, and whose
20.19authority to make health care decisions is not suspended under section 524.5-310, of the
20.20hearing. The notice must be sent by certified mail and inform the vulnerable adult of the
20.21right to file a signed written statement in the proceedings. A guardian or health care
20.22agent who prepares or files a written statement for the vulnerable adult must indicate in
20.23the statement that the person is the vulnerable adult's guardian or health care agent and
20.24sign the statement in that capacity. The vulnerable adult, the guardian, or the health care
20.25agent may file a written statement with the administrative law judge hearing the case no
20.26later than five business days before commencement of the hearing. The administrative
20.27law judge shall include the written statement in the hearing record and consider the
20.28statement in deciding the appeal. This subdivision does not limit, prevent, or excuse
20.29the vulnerable adult from being called as a witness testifying at the hearing or grant the
20.30vulnerable adult, the guardian, or health care agent a right to participate in the proceedings
20.31or appeal the administrative law judge's decision in the case. The lead investigative
20.32agency must consider including the vulnerable adult victim of maltreatment as a witness
20.33in the hearing. If the lead investigative agency determines that participation in the hearing
20.34would endanger the well-being of the vulnerable adult or not be in the best interests of
20.35the vulnerable adult, the lead investigative agency shall inform the administrative law
21.1judge of the basis for this determination, which must be included in the final order. If the
21.2administrative law judge is not reasonably able to determine the address of the vulnerable
21.3adult, the guardian, or the health care agent, the administrative law judge is not required to
21.4send a hearing notice under this subdivision.
21.5 Sec. 15. Minnesota Statutes 2010, section 626.5571, subdivision 1, is amended to read:
21.6 Subdivision 1. Establishment of team. A county may establish a multidisciplinary
21.7adult protection team comprised of the director of the local welfare agency or designees,
21.8the county attorney or designees, the county sheriff or designees, and representatives of
21.9health care. In addition, representatives of mental health or other appropriate human
21.10service agencies, representatives from local tribal governments, and adult advocate groups
21.11may be added to the adult protection team.
21.12 Sec. 16. Minnesota Statutes 2010, section 626.5572, subdivision 13, is amended to
21.13read:
21.14 Subd. 13. Lead investigative agency. "Lead investigative agency" is the primary
21.15administrative agency responsible for investigating reports made under section
21.16(a) The Department of Health is the lead investigative agency for
21.17
21.18nursing homes,
21.19residential facilities that are also federally certified as intermediate care facilities that serve
21.20people with developmental disabilities, or any other facility or service not listed in this
21.21subdivision that is licensed or required to be licensed by the Department of Health for
21.22the care of vulnerable adults. "Home care provider" has the meaning provided in section
21.23144A.43, subdivision 4, and applies when care or services are delivered in the vulnerable
21.24adult's home, whether a private home or a housing with services establishment registered
21.25under chapter 144D, including those that offer assisted living services under chapter 144G.
21.26(b) The Department of Human Services is the lead investigative agency for
21.27
21.28adult foster care, programs for people with developmental disabilities, family adult day
21.29services, mental health programs,
21.30programs, the Minnesota sex offender program, or any other facility or service not listed
21.31in this subdivision that is licensed or required to be licensed by the Department of Human
21.32Services.
21.33(c) The county social service agency or its designee is the lead investigative agency
21.34for all other reports, including, but not limited to, reports involving vulnerable adults
22.1receiving services from
22.3 Sec. 17. REVISOR'S INSTRUCTION.
22.4The revisor of statutes shall change the terms "lead agency" and "lead agency's" to
22.5"lead investigative agency" or "lead investigative agency's" wherever they appear in
22.6Minnesota Statutes, sections 13A.02; 256.045; 626.557; and 626.5572.
