Bill Text: MN SF778 | 2013-2014 | 88th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Family Child Care Providers Representation Act; family child care providers and home and community-based long-term care services collective bargaining authority and appropriation
Sponsorship: Strong Partisan Bill (Democrat 15-1)
Status: (Passed) 2013-05-24 - Secretary of State Chapter 128 [SF778 Detail]
Download: Minnesota-2013-SF778-Engrossed.html
Bill Title: Family Child Care Providers Representation Act; family child care providers and home and community-based long-term care services collective bargaining authority and appropriation
Sponsorship: Strong Partisan Bill (Democrat 15-1)
Status: (Passed) 2013-05-24 - Secretary of State Chapter 128 [SF778 Detail]
Download: Minnesota-2013-SF778-Engrossed.html
1.2relating to collective bargaining; authorizing collective bargaining for
1.3family child care providers; authorizing collective bargaining for home and
1.4community-based long-term care services; establishing the Self-Directed Service
1.5Workforce Council;proposing coding for new law in Minnesota Statutes,
1.6chapters 179A; 256B.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.10 Section 1. [179A.50] REPRESENTATION OF FAMILY CHILD CARE
1.11PROVIDERS.
1.12Sections 179A.50 to 179A.52 shall be known as the Family Child Care Providers
1.13Representation Act.
1.14 Sec. 2. [179A.51] DEFINITIONS.
1.15 Subdivision 1. Scope. For the purposes of sections 179A.50 to 179A.52, the terms
1.16in this section have the meanings given them.
1.17 Subd. 2. Commissioner. "Commissioner" means the commissioner of mediation
1.18services.
1.19 Subd. 3. Exclusive representative. "Exclusive representative" means an employee
1.20organization that has been elected and certified under section 179A.52, thereby maintaining
1.21the right to represent family child care providers in their relations with the state.
1.22 Subd. 4. Family child care provider. "Family child care provider" means an
1.23individual, either licensed or unlicensed, who provides legal child care services as defined
2.1under section 245A.03, except for providers licensed under Minnesota Rules, chapter
2.29503, or excluded from licensure under section 245A.03, subdivision 2, paragraph (a),
2.3clause (5), and who receives child care assistance to subsidize child care services for a
2.4child or children currently in their care, under sections 119B.03; 119B.05; and 119B.011,
2.5subdivisions 20 and 20a.
2.6 Sec. 3. [179A.52] RIGHT TO ORGANIZE.
2.7 Subdivision 1. Right to organize; limitations. Family child care providers shall
2.8have the right to form, join, and participate in the activities of employee organizations of
2.9their own choosing for the purpose of representation and meeting and negotiating with the
2.10state. Section 179A.22 applies to family child care providers except as otherwise provided
2.11in this section. This section does not require the treatment of family child care providers as
2.12public employees for any other purpose. Family child care providers shall have the same
2.13rights to interest arbitration provided under section 179A.16, subdivision 2, to essential
2.14employees. Family child care providers shall not have the right to strike.
2.15 Subd. 2. Appropriate unit. The only appropriate unit under this section shall be a
2.16statewide unit of all family child care providers. The unit shall be treated as an appropriate
2.17unit under section 179A.10, subdivision 2.
2.18 Subd. 3. Certification; process. For the purposes of determining certification
2.19under section 179A.12, the commissioner shall utilize a list of family child care providers
2.20compiled by the commissioner of human services over the most recent 12-month period.
2.21This list shall include all family child care providers who meet the definition in section
2.22179A.51, who had an active registration under chapter 119B. The commissioner shall
2.23conduct a certification election by mail ballot pursuant to the procedures in chapter 179A.
2.24 Subd. 4. Compilation of list. The commissioner of human services shall, by July 1,
2.252013, and monthly thereafter, compile and maintain a list of the names and addresses of
2.26all family child care providers who have had an active registration under chapter 119B
2.27within the previous 12 months. The list shall not include the name of any participant, or
2.28indicate that an individual provider is a relative of a participant or has the same address
2.29as a participant. The commissioner of human services shall share the lists with others
2.30as needed for the state to meet its obligations under chapter 179A as modified and
2.31made applicable to family child care providers under this section, and to facilitate the
2.32representational processes under this section.
2.33 Subd. 5. List access. Beginning July 1, 2013, upon a showing made to the
2.34commissioner of the Bureau of Mediation Services by any employee organization wishing
2.35to represent the appropriate unit of family child care providers that at least 500 family
3.1child care providers support such representation, the commissioner of human services
3.2shall provide to such organization within seven days the most recent list of actively
3.3registered family child care providers compiled under subdivision 4, and subsequent
3.4monthly lists upon request for an additional three months. The commissioner shall notify
3.5in writing every person whose name is on a list provided by the commissioner of human
3.6services to any employee organization under this section. This notice shall identify all
3.7information about the person that was provided to the organization and shall identify the
3.8organization to which the information was provided.
3.9 Subd. 6. Elections for exclusive representative. After July 31, 2013, any employee
3.10organization wishing to represent the appropriate unit of family child care providers
3.11may seek exclusive representative status pursuant to section 179A.12. Representation
3.12elections for family child care providers shall be conducted by mail ballot, and such
3.13election shall be conducted upon an appropriate petition stating that at least 30 percent of
3.14the unit wishes to be represented by the petitioner. The family child care providers eligible
3.15to vote in any such election shall be those family child care providers on the monthly list
3.16of family child care providers compiled under this section, most recently preceding the
3.17filing of the election petition. Except as otherwise provided, elections under this clause
3.18shall be conducted in accordance with section 179A.12.
3.19 Subd. 7. Meet and negotiate. If the commissioner certifies an employee
3.20organization as the majority exclusive representative, the state, through the governor
3.21or the governor's designee, shall meet and negotiate in good faith with the exclusive
3.22representative of the family child care provider unit regarding grievance issues, child care
3.23assistance reimbursement rates under chapter 119B, and terms and conditions of service,
3.24but this obligation does not compel the state or its representatives to agree to a proposal or
3.25require the making of a concession. The governor or the governor's designee is authorized
3.26to enter into agreements with the exclusive representative. Negotiated agreements and
3.27arbitration decisions must be submitted to the legislature to be accepted or rejected in
3.28accordance with sections 3.855 and 179A.22.
3.29 Subd. 8. Meet and confer. The state has an obligation to meet and confer under
3.30chapter 179A with family child care providers to discuss policies and other matters
3.31relating to their service that are not terms and conditions of service.
3.32 Subd. 9. Terms and conditions of service. For purposes of this section, "terms and
3.33conditions of service" has the same meaning as given in section 179A.03, subdivision 19.
3.34 Subd. 10. Rights. Nothing in this section shall be construed to interfere with:
3.35(1) parental rights to select and deselect family child care providers or the ability of
3.36family child care providers to establish the rates they charge to parents;
4.1(2) the right or obligation of any state agency to communicate or meet with any
4.2citizen or organization concerning family child care legislation, regulation, or policy; or
4.3(3) the rights and responsibilities of family child care providers under federal law.
4.4 Subd. 11. Membership status and eligibility for subsidies. Membership status in
4.5an employee organization shall not affect the eligibility of a family child care provider to
4.6receive payments under, or serve a child who receives payments under, chapter 119B.
4.7 Sec. 4. [179A.53] NO USE OF SCHOLARSHIPS FOR DUES OR FEES.
4.8Early learning scholarships shall not be applied, through state withholding or
4.9otherwise, toward payment of dues or fees that are paid to exclusive representatives of
4.10family child care providers.
4.11EFFECTIVE DATE.This section is effective the day following final enactment of
4.12a law styled as Senate File No. 481 of the 88th legislature.
4.13 Sec. 5. SEVERABILITY.
4.14 Should any part of this act be declared invalid or unenforceable, or the enforcement
4.15or compliance with it is suspended, restrained, or barred, either by the state or by the final
4.16judgment of a court of competent jurisdiction, the remainder of this act shall remain
4.17in full force and effect.
4.18 Sec. 6. EFFECTIVE DATE.
4.19Except for Minnesota Statutes, section 179A.53, this act is effective the day
4.20following final enactment.
4.24 Section 1. [179A.54] INDIVIDUAL PROVIDERS OF DIRECT SUPPORT
4.25SERVICES.
4.26 Subdivision 1. Definitions. For the purposes of this section:
4.27(a) "Direct support services" has the meaning given to it under section 256B.0711,
4.28subdivision 1, paragraph (c).
4.29(b) "Individual provider" has the meaning given to it under section 256B.0711,
4.30subdivision 1, paragraph (d).
5.1(c) "Participant" has the meaning given to it under section 256B.0711, subdivision 1,
5.2paragraph (e).
5.3(d) "Participant's representative" has the meaning given to it under section
5.4256B.0711, subdivision 1, paragraph (f).
5.5 Subd. 2. Rights of individual providers and participants. For the purposes of
5.6the Public Employment Labor Relations Act, under chapter 179A, individual providers
5.7shall be considered, by virtue of this section, executive branch state employees employed
5.8by the commissioner of management and budget or the commissioner's representative.
5.9This section does not require the treatment of individual providers as public employees for
5.10any other purpose. Chapter 179A shall apply to individual providers except as otherwise
5.11provided in this section. Notwithstanding section 179A.03, subdivision 14, paragraph
5.12(a), clause (5), chapter 179A shall apply to individual providers regardless of part-time
5.13or full-time employment status.
5.14 Subd. 3. Scope of meet and negotiate obligation. If an exclusive representative
5.15is certified pursuant to this section, the mutual rights and obligations of the state and an
5.16exclusive representative of individual providers to meet and negotiate regarding terms and
5.17conditions shall extend to the subjects covered under section 256B.0711, subdivision 11,
5.18paragraph (c), but shall not include those subjects reserved to participants or participants'
5.19representatives by subdivision 4.
5.20 Subd. 4. Rights of covered program participants. No provision of any agreement
5.21reached between the state and any exclusive representative of individual providers,
5.22nor any arbitration award, shall interfere with the rights of participants or participants'
5.23representatives to select, hire, direct, supervise, and terminate the employment of their
5.24individual providers; to manage an individual service budget regarding the amounts and
5.25types of authorized goods or services received; or to receive direct support services from
5.26individual providers not referred to them through a state registry.
5.27 Subd. 5. Legislative action on agreements. Any agreement reached between the
5.28state and the exclusive representative of individual providers under chapter 179A shall
5.29be submitted to the legislature to be accepted or rejected in accordance with sections
5.30179A.22 and 3.855.
5.31 Subd. 6. Strikes prohibited. Individual providers shall be subject to the prohibition
5.32on strikes applied to essential employees under section 179A.18.
5.33 Subd. 7. Interest arbitration. Individual providers shall be subject to the interest
5.34arbitration procedures applied to essential employees under section 179A.16.
5.35 Subd. 8. Appropriate unit. The only appropriate unit for individual providers shall
5.36be a statewide unit of all individual providers. The unit shall be treated as an appropriate
6.1unit under section 179A.10, subdivision 2. Individual providers who are related to their
6.2participant or their participant's representative shall not for such reason be excluded from
6.3the appropriate unit.
6.4 Subd. 9. List access. Beginning July 1, 2013, upon a showing made to the
6.5commissioner of the Bureau of Mediation Services by any employee organization wishing
6.6to represent the appropriate unit of individual providers that at least 500 individual
6.7providers support such representation, the commissioner of human services shall provide to
6.8such organization within seven days the most recent list of individual providers compiled
6.9under section 256B.0711, subdivision 11, paragraph (f), and subsequent monthly lists upon
6.10request for an additional three months. Notwithstanding section 256B.0711, subdivision
6.1111, paragraph (f), the list provided to an employee organization under this subdivision is
6.12public data. The commissioner shall notify in writing every person whose name is on a list
6.13provided by the commissioner of human services to any employee organization under this
6.14section. This notice shall identify all information about the person that was provided to the
6.15organization and shall identify the organization to which the information was provided.
6.16 Subd. 10. Representation and election. Beginning August 1, 2013, any employee
6.17organization wishing to represent the appropriate unit of individual providers may seek
6.18exclusive representative status pursuant to section 179A.12. Representation elections
6.19for individual providers shall be conducted by mail ballot, and such election shall be
6.20conducted upon an appropriate petition stating that at least 30 percent of the unit wishes
6.21to be represented by the petitioner. The individual providers eligible to vote in any such
6.22election shall be those individual providers on the monthly list of individual providers
6.23compiled under section 256B.0711, subdivision 11, paragraph (g), most recently preceding
6.24the filing of the election petition. Except as otherwise provided, elections under this
6.25section shall be conducted in accordance with section 179A.12.
6.26 Sec. 2. [256B.0711] QUALITY SELF-DIRECTED SERVICES WORKFORCE.
6.27 Subdivision 1. Definitions. For purposes of this section:
6.28(a) "Commissioner" means the commissioner of human services unless otherwise
6.29indicated.
6.30(b) "Covered program" means a program to provide direct support services funded
6.31in whole or in part by the state of Minnesota, including the Community First Services and
6.32Supports program; Consumer Directed Community Supports services and extended state
6.33plan personal care assistance services available under programs established pursuant to
6.34home and community-based service waivers authorized under section 1915(c) of the Social
6.35Security Act, and Minnesota Statutes, including, but not limited to, sections 256B.0915
7.1and 256B.49, and under the alternative care program, as offered pursuant to section
7.2256B.0913; the personal care assistance choice program, as established pursuant to section
7.3256B.0659, subdivisions 18 to 20; and any similar program that may provide such services.
7.4(c) "Direct support services" means personal care assistance services covered by
7.5medical assistance under section 256B.0625, subdivisions 19a and 19c; assistance with
7.6activities of daily living as defined in section 256B.0659, subdivision 1, paragraph (b),
7.7and instrumental activities of daily living as defined in section 256B.0659, subdivision
7.81, paragraph (i); and other similar, in-home, nonprofessional long-term services and
7.9supports provided to an elderly person or person with a disability to meet such person's
7.10daily living needs and ensure that such person may adequately function in his or her home
7.11and have safe access to the community.
7.12(d) "Individual provider" means an individual selected by and working under the
7.13direction of a participant in a covered program, or a participant's representative, to provide
7.14direct support services to the participant, and does not include an individual from an
7.15employee workforce assembled, directed, and controlled by a provider agency.
7.16(e) "Participant" means a person who receives direct support services through
7.17a covered program.
7.18(f) "Participant's representative" means a participant's legal guardian or an individual
7.19having the authority and responsibility to act on behalf of a participant with respect to the
7.20provision of direct support services through a covered program.
7.21 Subd. 2. Quality Self-Directed Services Workforce Council established. There is
7.22established the Quality Self-Directed Services Workforce Council to ensure the quality
7.23and availability of individual providers to be selected by and work under the direction of
7.24participants to provide direct support services.
7.25 Subd. 3. Membership. The council shall have 11 members and shall be composed
7.26of the commissioner of human services, who shall serve as chair, and the following
7.27members, who shall be appointed by the governor:
7.28(1) six current or former recipients of direct support services;
7.29(2) one legal guardian or legal representative of a current or former recipient of
7.30direct support services; and
7.31(3) one member of the State Council on Disability, under section 256.482, one
7.32member of the Governor's Council on Developmental Disabilities, and one member of the
7.33Minnesota Board on Aging, under section 256.975.
7.34 Subd. 4. Appointments; membership terms; compensation; removal; vacancies.
7.35All appointments to the council and filling of vacancies shall be made as provided in
8.1section 15.0597. Membership terms, compensation, and removal of members are as
8.2provided in section 15.059.
8.3 Subd. 5. Quorum. A majority of the members appointed and serving shall
8.4constitute a quorum for the transaction of any business.
8.5 Subd. 6. Initial appointments. The governor shall make all initial appointments
8.6to the council by July 1, 2013. The governor shall designate five members whose terms
8.7will expire on the first Monday in January 2017, and five members whose terms will
8.8expire on the first Monday in January 2019.
8.9 Subd. 7. First meeting. The commissioner shall convene the first meeting by
8.10September 1, 2013.
8.11 Subd. 8. Duties of council. The council, in consultation with the commissioner, has
8.12the following ongoing advisory duties and responsibilities relating to ensuring the quality,
8.13stability, and availability of the individual provider workforce:
8.14(1) assess the size, quality, and stability of the individual provider workforce in
8.15Minnesota and the ability of the existing workforce to meet the growing and changing
8.16needs of both elderly participants and participants with disabilities;
8.17(2) assess and propose strategies to identify, recruit, and retain prospective individual
8.18providers to be available for employment by participants or participants' representatives;
8.19(3) advise the commissioner regarding the development of orientation programs,
8.20training and educational opportunities, and the maintenance of one or more public
8.21registries as described in subdivision 11;
8.22(4) advise the commissioner and other relevant state agencies in assessing existing
8.23mechanisms for preventing abuse and neglect of participants and recommending
8.24improvements to those protections;
8.25(5) advise the commissioner in determining standards for compensation, including
8.26benefits, and other conditions of employment for individual providers sufficient to attract
8.27and maintain a qualified workforce; and
8.28(6) otherwise advise and advocate regarding appropriate means of expanding access
8.29to quality, self-directed direct support services.
8.30 Subd. 9. Operation of covered programs. All covered programs shall operate
8.31consistent with this section, including by providing such services through individual
8.32providers as defined in subdivision 1, paragraph (d), notwithstanding any inconsistent
8.33provisions of section 256B.0659 or section 256B.04, subdivision 16.
8.34 Subd. 10. Use of employee workforce. This requirement shall not restrict the state's
8.35ability to offer to those participants who choose not to self-direct a direct support worker
9.1or are unable to do so the alternative of receiving similar services from the employee
9.2workforce assembled, directed, and controlled by a provider agency.
9.3 Subd. 11. Duties of the Department of Human Services. (a) The commissioner
9.4shall afford to all participants within a covered program the option of employing an
9.5individual provider to provide direct support services.
9.6(b) The commissioner shall ensure that all employment of individual providers is
9.7in conformity with this section.
9.8(c) The commissioner shall, in consultation with the council:
9.9(1) establish compensation rates, payment terms and practices, and any benefit
9.10terms for all individual providers;
9.11(2) provide for required orientation programs for all newly hired individual providers
9.12regarding their employment within the covered programs through which they provide
9.13services;
9.14(3) provide for relevant training and educational opportunities for individual
9.15providers, as well as for participants and participants' representatives who receive services
9.16from individual providers, including opportunities for individual providers to obtain
9.17certification documenting additional training and experience in areas of specialization;
9.18(4) provide for the maintenance of a public registry to:
9.19(i) provide routine, emergency, and respite referrals of qualified individual providers
9.20who have consented to be included in the registry to participants and participants'
9.21representatives;
9.22(ii) enable participants and participants' representatives to gain improved access
9.23to, and choice among, prospective individual providers, including by having access
9.24to information about individual providers' training, educational background, work
9.25experience, and availability for hire; and
9.26(iii) provide for appropriate employment opportunities for individual providers and a
9.27means by which they may more easily remain available to provide services to participants
9.28within covered programs; and
9.29(5) establish other appropriate terms and conditions of employment governing the
9.30workforce of individual providers.
9.31(d) The commissioner's authority over terms and conditions of individual providers'
9.32employment, including compensation, payment, and benefit terms, employment
9.33opportunities within covered programs, individual provider orientation, training, and
9.34education opportunities, and the operation of public registries shall be subject to the state's
9.35obligations to meet and negotiate under chapter 179A, as modified and made applicable
9.36to individual providers under section 179A.54, and to agreements with any exclusive
10.1representative of individual providers, as authorized by chapter 179A, as modified and
10.2made applicable to individual providers under section 179A.54.
10.3(e) The commissioner shall cooperate in the implementation of this act with the
10.4commissioner of management and budget in the same manner as would be required of
10.5an appointing authority under section 179A.22 with respect to any negotiations between
10.6the executive branch of the state and the exclusive representative of individual providers,
10.7as authorized under sections 179A.22 and 179A.54. Any entity, including financial
10.8management entities, contracting with the state to provide support to participants or
10.9participants' representatives with regard to the employment of individual providers,
10.10shall assist and cooperate with the council and commissioner of human services in the
10.11operations of this section, including with respect to the commissioner's compiling and
10.12maintaining the list of individual providers required under paragraph (f).
10.13(f) The commissioner shall, not later than July 1, 2013, and then monthly thereafter,
10.14compile and maintain a list of the names and addresses of all individual providers who
10.15have been paid for providing direct support services to participants within the previous
10.16six months. The list shall not include the name of any participant, or indicate that an
10.17individual provider is a relative of a participant or has the same address as a participant.
10.18The list is private data on individuals as defined in section 13.02, provided that the
10.19commissioner shall share the lists with the Quality Self-Directed Services Workforce
10.20Council and with others as needed for the state to meet its obligations under chapter 179A
10.21as modified and made applicable to individual providers under section 179A.54, and to
10.22facilitate the representational processes under section 179A.54, subdivisions 9 and 10.
10.23(g) The commissioner shall immediately commence all necessary steps to ensure
10.24that services offered under all covered programs are offered in conformity with this
10.25section to complete any required modifications to currently operating covered programs
10.26by September 1, 2013.
10.27 Sec. 3. SEVERABILITY.
10.28Should any part of this act be declared invalid or unenforceable, or the enforcement
10.29or compliance with it is suspended, restrained, or barred, either by the state or by the final
10.30judgment of a court of competent jurisdiction, the remainder of this act shall remain
10.31in full force and effect.
10.32 Sec. 4. EFFECTIVE DATE.
10.33This act is effective the day following final enactment.
1.3family child care providers; authorizing collective bargaining for home and
1.4community-based long-term care services; establishing the Self-Directed Service
1.5Workforce Council;proposing coding for new law in Minnesota Statutes,
1.6chapters 179A; 256B.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.10 Section 1. [179A.50] REPRESENTATION OF FAMILY CHILD CARE
1.11PROVIDERS.
1.12Sections 179A.50 to 179A.52 shall be known as the Family Child Care Providers
1.13Representation Act.
1.14 Sec. 2. [179A.51] DEFINITIONS.
1.15 Subdivision 1. Scope. For the purposes of sections 179A.50 to 179A.52, the terms
1.16in this section have the meanings given them.
1.17 Subd. 2. Commissioner. "Commissioner" means the commissioner of mediation
1.18services.
1.19 Subd. 3. Exclusive representative. "Exclusive representative" means an employee
1.20organization that has been elected and certified under section 179A.52, thereby maintaining
1.21the right to represent family child care providers in their relations with the state.
1.22 Subd. 4. Family child care provider. "Family child care provider" means an
1.23individual, either licensed or unlicensed, who provides legal child care services as defined
2.1under section 245A.03, except for providers licensed under Minnesota Rules, chapter
2.29503, or excluded from licensure under section 245A.03, subdivision 2, paragraph (a),
2.3clause (5), and who receives child care assistance to subsidize child care services for a
2.4child or children currently in their care, under sections 119B.03; 119B.05; and 119B.011,
2.5subdivisions 20 and 20a.
2.6 Sec. 3. [179A.52] RIGHT TO ORGANIZE.
2.7 Subdivision 1. Right to organize; limitations. Family child care providers shall
2.8have the right to form, join, and participate in the activities of employee organizations of
2.9their own choosing for the purpose of representation and meeting and negotiating with the
2.10state. Section 179A.22 applies to family child care providers except as otherwise provided
2.11in this section. This section does not require the treatment of family child care providers as
2.12public employees for any other purpose. Family child care providers shall have the same
2.13rights to interest arbitration provided under section 179A.16, subdivision 2, to essential
2.14employees. Family child care providers shall not have the right to strike.
2.15 Subd. 2. Appropriate unit. The only appropriate unit under this section shall be a
2.16statewide unit of all family child care providers. The unit shall be treated as an appropriate
2.17unit under section 179A.10, subdivision 2.
2.18 Subd. 3. Certification; process. For the purposes of determining certification
2.19under section 179A.12, the commissioner shall utilize a list of family child care providers
2.20compiled by the commissioner of human services over the most recent 12-month period.
2.21This list shall include all family child care providers who meet the definition in section
2.22179A.51, who had an active registration under chapter 119B. The commissioner shall
2.23conduct a certification election by mail ballot pursuant to the procedures in chapter 179A.
2.24 Subd. 4. Compilation of list. The commissioner of human services shall, by July 1,
2.252013, and monthly thereafter, compile and maintain a list of the names and addresses of
2.26all family child care providers who have had an active registration under chapter 119B
2.27within the previous 12 months. The list shall not include the name of any participant, or
2.28indicate that an individual provider is a relative of a participant or has the same address
2.29as a participant. The commissioner of human services shall share the lists with others
2.30as needed for the state to meet its obligations under chapter 179A as modified and
2.31made applicable to family child care providers under this section, and to facilitate the
2.32representational processes under this section.
2.33 Subd. 5. List access. Beginning July 1, 2013, upon a showing made to the
2.34commissioner of the Bureau of Mediation Services by any employee organization wishing
2.35to represent the appropriate unit of family child care providers that at least 500 family
3.1child care providers support such representation, the commissioner of human services
3.2shall provide to such organization within seven days the most recent list of actively
3.3registered family child care providers compiled under subdivision 4, and subsequent
3.4monthly lists upon request for an additional three months. The commissioner shall notify
3.5in writing every person whose name is on a list provided by the commissioner of human
3.6services to any employee organization under this section. This notice shall identify all
3.7information about the person that was provided to the organization and shall identify the
3.8organization to which the information was provided.
3.9 Subd. 6. Elections for exclusive representative. After July 31, 2013, any employee
3.10organization wishing to represent the appropriate unit of family child care providers
3.11may seek exclusive representative status pursuant to section 179A.12. Representation
3.12elections for family child care providers shall be conducted by mail ballot, and such
3.13election shall be conducted upon an appropriate petition stating that at least 30 percent of
3.14the unit wishes to be represented by the petitioner. The family child care providers eligible
3.15to vote in any such election shall be those family child care providers on the monthly list
3.16of family child care providers compiled under this section, most recently preceding the
3.17filing of the election petition. Except as otherwise provided, elections under this clause
3.18shall be conducted in accordance with section 179A.12.
3.19 Subd. 7. Meet and negotiate. If the commissioner certifies an employee
3.20organization as the majority exclusive representative, the state, through the governor
3.21or the governor's designee, shall meet and negotiate in good faith with the exclusive
3.22representative of the family child care provider unit regarding grievance issues, child care
3.23assistance reimbursement rates under chapter 119B, and terms and conditions of service,
3.24but this obligation does not compel the state or its representatives to agree to a proposal or
3.25require the making of a concession. The governor or the governor's designee is authorized
3.26to enter into agreements with the exclusive representative. Negotiated agreements and
3.27arbitration decisions must be submitted to the legislature to be accepted or rejected in
3.28accordance with sections 3.855 and 179A.22.
3.29 Subd. 8. Meet and confer. The state has an obligation to meet and confer under
3.30chapter 179A with family child care providers to discuss policies and other matters
3.31relating to their service that are not terms and conditions of service.
3.32 Subd. 9. Terms and conditions of service. For purposes of this section, "terms and
3.33conditions of service" has the same meaning as given in section 179A.03, subdivision 19.
3.34 Subd. 10. Rights. Nothing in this section shall be construed to interfere with:
3.35(1) parental rights to select and deselect family child care providers or the ability of
3.36family child care providers to establish the rates they charge to parents;
4.1(2) the right or obligation of any state agency to communicate or meet with any
4.2citizen or organization concerning family child care legislation, regulation, or policy; or
4.3(3) the rights and responsibilities of family child care providers under federal law.
4.4 Subd. 11. Membership status and eligibility for subsidies. Membership status in
4.5an employee organization shall not affect the eligibility of a family child care provider to
4.6receive payments under, or serve a child who receives payments under, chapter 119B.
4.7 Sec. 4. [179A.53] NO USE OF SCHOLARSHIPS FOR DUES OR FEES.
4.8Early learning scholarships shall not be applied, through state withholding or
4.9otherwise, toward payment of dues or fees that are paid to exclusive representatives of
4.10family child care providers.
4.11EFFECTIVE DATE.This section is effective the day following final enactment of
4.12a law styled as Senate File No. 481 of the 88th legislature.
4.13 Sec. 5. SEVERABILITY.
4.14 Should any part of this act be declared invalid or unenforceable, or the enforcement
4.15or compliance with it is suspended, restrained, or barred, either by the state or by the final
4.16judgment of a court of competent jurisdiction, the remainder of this act shall remain
4.17in full force and effect.
4.18 Sec. 6. EFFECTIVE DATE.
4.19Except for Minnesota Statutes, section 179A.53, this act is effective the day
4.20following final enactment.
4.24 Section 1. [179A.54] INDIVIDUAL PROVIDERS OF DIRECT SUPPORT
4.25SERVICES.
4.26 Subdivision 1. Definitions. For the purposes of this section:
4.27(a) "Direct support services" has the meaning given to it under section 256B.0711,
4.28subdivision 1, paragraph (c).
4.29(b) "Individual provider" has the meaning given to it under section 256B.0711,
4.30subdivision 1, paragraph (d).
5.1(c) "Participant" has the meaning given to it under section 256B.0711, subdivision 1,
5.2paragraph (e).
5.3(d) "Participant's representative" has the meaning given to it under section
5.4256B.0711, subdivision 1, paragraph (f).
5.5 Subd. 2. Rights of individual providers and participants. For the purposes of
5.6the Public Employment Labor Relations Act, under chapter 179A, individual providers
5.7shall be considered, by virtue of this section, executive branch state employees employed
5.8by the commissioner of management and budget or the commissioner's representative.
5.9This section does not require the treatment of individual providers as public employees for
5.10any other purpose. Chapter 179A shall apply to individual providers except as otherwise
5.11provided in this section. Notwithstanding section 179A.03, subdivision 14, paragraph
5.12(a), clause (5), chapter 179A shall apply to individual providers regardless of part-time
5.13or full-time employment status.
5.14 Subd. 3. Scope of meet and negotiate obligation. If an exclusive representative
5.15is certified pursuant to this section, the mutual rights and obligations of the state and an
5.16exclusive representative of individual providers to meet and negotiate regarding terms and
5.17conditions shall extend to the subjects covered under section 256B.0711, subdivision 11,
5.18paragraph (c), but shall not include those subjects reserved to participants or participants'
5.19representatives by subdivision 4.
5.20 Subd. 4. Rights of covered program participants. No provision of any agreement
5.21reached between the state and any exclusive representative of individual providers,
5.22nor any arbitration award, shall interfere with the rights of participants or participants'
5.23representatives to select, hire, direct, supervise, and terminate the employment of their
5.24individual providers; to manage an individual service budget regarding the amounts and
5.25types of authorized goods or services received; or to receive direct support services from
5.26individual providers not referred to them through a state registry.
5.27 Subd. 5. Legislative action on agreements. Any agreement reached between the
5.28state and the exclusive representative of individual providers under chapter 179A shall
5.29be submitted to the legislature to be accepted or rejected in accordance with sections
5.30179A.22 and 3.855.
5.31 Subd. 6. Strikes prohibited. Individual providers shall be subject to the prohibition
5.32on strikes applied to essential employees under section 179A.18.
5.33 Subd. 7. Interest arbitration. Individual providers shall be subject to the interest
5.34arbitration procedures applied to essential employees under section 179A.16.
5.35 Subd. 8. Appropriate unit. The only appropriate unit for individual providers shall
5.36be a statewide unit of all individual providers. The unit shall be treated as an appropriate
6.1unit under section 179A.10, subdivision 2. Individual providers who are related to their
6.2participant or their participant's representative shall not for such reason be excluded from
6.3the appropriate unit.
6.4 Subd. 9. List access. Beginning July 1, 2013, upon a showing made to the
6.5commissioner of the Bureau of Mediation Services by any employee organization wishing
6.6to represent the appropriate unit of individual providers that at least 500 individual
6.7providers support such representation, the commissioner of human services shall provide to
6.8such organization within seven days the most recent list of individual providers compiled
6.9under section 256B.0711, subdivision 11, paragraph (f), and subsequent monthly lists upon
6.10request for an additional three months. Notwithstanding section 256B.0711, subdivision
6.1111, paragraph (f), the list provided to an employee organization under this subdivision is
6.12public data. The commissioner shall notify in writing every person whose name is on a list
6.13provided by the commissioner of human services to any employee organization under this
6.14section. This notice shall identify all information about the person that was provided to the
6.15organization and shall identify the organization to which the information was provided.
6.16 Subd. 10. Representation and election. Beginning August 1, 2013, any employee
6.17organization wishing to represent the appropriate unit of individual providers may seek
6.18exclusive representative status pursuant to section 179A.12. Representation elections
6.19for individual providers shall be conducted by mail ballot, and such election shall be
6.20conducted upon an appropriate petition stating that at least 30 percent of the unit wishes
6.21to be represented by the petitioner. The individual providers eligible to vote in any such
6.22election shall be those individual providers on the monthly list of individual providers
6.23compiled under section 256B.0711, subdivision 11, paragraph (g), most recently preceding
6.24the filing of the election petition. Except as otherwise provided, elections under this
6.25section shall be conducted in accordance with section 179A.12.
6.26 Sec. 2. [256B.0711] QUALITY SELF-DIRECTED SERVICES WORKFORCE.
6.27 Subdivision 1. Definitions. For purposes of this section:
6.28(a) "Commissioner" means the commissioner of human services unless otherwise
6.29indicated.
6.30(b) "Covered program" means a program to provide direct support services funded
6.31in whole or in part by the state of Minnesota, including the Community First Services and
6.32Supports program; Consumer Directed Community Supports services and extended state
6.33plan personal care assistance services available under programs established pursuant to
6.34home and community-based service waivers authorized under section 1915(c) of the Social
6.35Security Act, and Minnesota Statutes, including, but not limited to, sections 256B.0915
7.1and 256B.49, and under the alternative care program, as offered pursuant to section
7.2256B.0913; the personal care assistance choice program, as established pursuant to section
7.3256B.0659, subdivisions 18 to 20; and any similar program that may provide such services.
7.4(c) "Direct support services" means personal care assistance services covered by
7.5medical assistance under section 256B.0625, subdivisions 19a and 19c; assistance with
7.6activities of daily living as defined in section 256B.0659, subdivision 1, paragraph (b),
7.7and instrumental activities of daily living as defined in section 256B.0659, subdivision
7.81, paragraph (i); and other similar, in-home, nonprofessional long-term services and
7.9supports provided to an elderly person or person with a disability to meet such person's
7.10daily living needs and ensure that such person may adequately function in his or her home
7.11and have safe access to the community.
7.12(d) "Individual provider" means an individual selected by and working under the
7.13direction of a participant in a covered program, or a participant's representative, to provide
7.14direct support services to the participant, and does not include an individual from an
7.15employee workforce assembled, directed, and controlled by a provider agency.
7.16(e) "Participant" means a person who receives direct support services through
7.17a covered program.
7.18(f) "Participant's representative" means a participant's legal guardian or an individual
7.19having the authority and responsibility to act on behalf of a participant with respect to the
7.20provision of direct support services through a covered program.
7.21 Subd. 2. Quality Self-Directed Services Workforce Council established. There is
7.22established the Quality Self-Directed Services Workforce Council to ensure the quality
7.23and availability of individual providers to be selected by and work under the direction of
7.24participants to provide direct support services.
7.25 Subd. 3. Membership. The council shall have 11 members and shall be composed
7.26of the commissioner of human services, who shall serve as chair, and the following
7.27members, who shall be appointed by the governor:
7.28(1) six current or former recipients of direct support services;
7.29(2) one legal guardian or legal representative of a current or former recipient of
7.30direct support services; and
7.31(3) one member of the State Council on Disability, under section 256.482, one
7.32member of the Governor's Council on Developmental Disabilities, and one member of the
7.33Minnesota Board on Aging, under section 256.975.
7.34 Subd. 4. Appointments; membership terms; compensation; removal; vacancies.
7.35All appointments to the council and filling of vacancies shall be made as provided in
8.1section 15.0597. Membership terms, compensation, and removal of members are as
8.2provided in section 15.059.
8.3 Subd. 5. Quorum. A majority of the members appointed and serving shall
8.4constitute a quorum for the transaction of any business.
8.5 Subd. 6. Initial appointments. The governor shall make all initial appointments
8.6to the council by July 1, 2013. The governor shall designate five members whose terms
8.7will expire on the first Monday in January 2017, and five members whose terms will
8.8expire on the first Monday in January 2019.
8.9 Subd. 7. First meeting. The commissioner shall convene the first meeting by
8.10September 1, 2013.
8.11 Subd. 8. Duties of council. The council, in consultation with the commissioner, has
8.12the following ongoing advisory duties and responsibilities relating to ensuring the quality,
8.13stability, and availability of the individual provider workforce:
8.14(1) assess the size, quality, and stability of the individual provider workforce in
8.15Minnesota and the ability of the existing workforce to meet the growing and changing
8.16needs of both elderly participants and participants with disabilities;
8.17(2) assess and propose strategies to identify, recruit, and retain prospective individual
8.18providers to be available for employment by participants or participants' representatives;
8.19(3) advise the commissioner regarding the development of orientation programs,
8.20training and educational opportunities, and the maintenance of one or more public
8.21registries as described in subdivision 11;
8.22(4) advise the commissioner and other relevant state agencies in assessing existing
8.23mechanisms for preventing abuse and neglect of participants and recommending
8.24improvements to those protections;
8.25(5) advise the commissioner in determining standards for compensation, including
8.26benefits, and other conditions of employment for individual providers sufficient to attract
8.27and maintain a qualified workforce; and
8.28(6) otherwise advise and advocate regarding appropriate means of expanding access
8.29to quality, self-directed direct support services.
8.30 Subd. 9. Operation of covered programs. All covered programs shall operate
8.31consistent with this section, including by providing such services through individual
8.32providers as defined in subdivision 1, paragraph (d), notwithstanding any inconsistent
8.33provisions of section 256B.0659 or section 256B.04, subdivision 16.
8.34 Subd. 10. Use of employee workforce. This requirement shall not restrict the state's
8.35ability to offer to those participants who choose not to self-direct a direct support worker
9.1or are unable to do so the alternative of receiving similar services from the employee
9.2workforce assembled, directed, and controlled by a provider agency.
9.3 Subd. 11. Duties of the Department of Human Services. (a) The commissioner
9.4shall afford to all participants within a covered program the option of employing an
9.5individual provider to provide direct support services.
9.6(b) The commissioner shall ensure that all employment of individual providers is
9.7in conformity with this section.
9.8(c) The commissioner shall, in consultation with the council:
9.9(1) establish compensation rates, payment terms and practices, and any benefit
9.10terms for all individual providers;
9.11(2) provide for required orientation programs for all newly hired individual providers
9.12regarding their employment within the covered programs through which they provide
9.13services;
9.14(3) provide for relevant training and educational opportunities for individual
9.15providers, as well as for participants and participants' representatives who receive services
9.16from individual providers, including opportunities for individual providers to obtain
9.17certification documenting additional training and experience in areas of specialization;
9.18(4) provide for the maintenance of a public registry to:
9.19(i) provide routine, emergency, and respite referrals of qualified individual providers
9.20who have consented to be included in the registry to participants and participants'
9.21representatives;
9.22(ii) enable participants and participants' representatives to gain improved access
9.23to, and choice among, prospective individual providers, including by having access
9.24to information about individual providers' training, educational background, work
9.25experience, and availability for hire; and
9.26(iii) provide for appropriate employment opportunities for individual providers and a
9.27means by which they may more easily remain available to provide services to participants
9.28within covered programs; and
9.29(5) establish other appropriate terms and conditions of employment governing the
9.30workforce of individual providers.
9.31(d) The commissioner's authority over terms and conditions of individual providers'
9.32employment, including compensation, payment, and benefit terms, employment
9.33opportunities within covered programs, individual provider orientation, training, and
9.34education opportunities, and the operation of public registries shall be subject to the state's
9.35obligations to meet and negotiate under chapter 179A, as modified and made applicable
9.36to individual providers under section 179A.54, and to agreements with any exclusive
10.1representative of individual providers, as authorized by chapter 179A, as modified and
10.2made applicable to individual providers under section 179A.54.
10.3(e) The commissioner shall cooperate in the implementation of this act with the
10.4commissioner of management and budget in the same manner as would be required of
10.5an appointing authority under section 179A.22 with respect to any negotiations between
10.6the executive branch of the state and the exclusive representative of individual providers,
10.7as authorized under sections 179A.22 and 179A.54. Any entity, including financial
10.8management entities, contracting with the state to provide support to participants or
10.9participants' representatives with regard to the employment of individual providers,
10.10shall assist and cooperate with the council and commissioner of human services in the
10.11operations of this section, including with respect to the commissioner's compiling and
10.12maintaining the list of individual providers required under paragraph (f).
10.13(f) The commissioner shall, not later than July 1, 2013, and then monthly thereafter,
10.14compile and maintain a list of the names and addresses of all individual providers who
10.15have been paid for providing direct support services to participants within the previous
10.16six months. The list shall not include the name of any participant, or indicate that an
10.17individual provider is a relative of a participant or has the same address as a participant.
10.18The list is private data on individuals as defined in section 13.02, provided that the
10.19commissioner shall share the lists with the Quality Self-Directed Services Workforce
10.20Council and with others as needed for the state to meet its obligations under chapter 179A
10.21as modified and made applicable to individual providers under section 179A.54, and to
10.22facilitate the representational processes under section 179A.54, subdivisions 9 and 10.
10.23(g) The commissioner shall immediately commence all necessary steps to ensure
10.24that services offered under all covered programs are offered in conformity with this
10.25section to complete any required modifications to currently operating covered programs
10.26by September 1, 2013.
10.27 Sec. 3. SEVERABILITY.
10.28Should any part of this act be declared invalid or unenforceable, or the enforcement
10.29or compliance with it is suspended, restrained, or barred, either by the state or by the final
10.30judgment of a court of competent jurisdiction, the remainder of this act shall remain
10.31in full force and effect.
10.32 Sec. 4. EFFECTIVE DATE.
10.33This act is effective the day following final enactment.
