Bill Text: MN SF1170 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: Case management and personal care assistance services appeals conference requirement
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-05-12 - HF substituted on General Orders HF1138 [SF1170 Detail]
Download: Minnesota-2011-SF1170-Engrossed.html
1.2relating to human services; requiring a conference in case management and
1.3personal care assistance appeals; amending Minnesota Statutes 2010, section
1.4256.045, subdivision 4a.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 256.045, subdivision 4a, is amended to
1.7read:
1.8 Subd. 4a. Case management appeals. (a) Any recipient of case management
1.9services pursuant to section256B.092 , who contests the county agency's action or failure
1.10to act in the provision of those case management services, other than a failure to act with
1.11reasonable promptness or a suspension, reduction, denial, or termination of services,
1.12must may submit a written request for a conciliation conference with the recipient's
1.13case worker and the county lead agency director or designee to the county agency, and
1.14must mail a copy of their request to the department at the same time they file it with the
1.15county agency. The filing with the department shall constitute an appeal for a fair hearing
1.16under this section. The department may hear and decide the appeal without regard to the
1.17request for a conference.
1.18(b) The county agency shall inform the commissioner of the receipt of a request when
1.19it is submitted and shall schedule aconciliation conference. The county agency shall notify
1.20the recipient, the commissioner, and all interested persons of the time, date, and location
1.21of theconciliation conference to be held in person, by telephone, or by electronic media.
1.22The commissioner may assist the county by providing mediation services or by identifying
1.23other resources that may assist in the mediation between the parties. Within 30 days after
1.24the conference has been held, the county agency shallconduct the conciliation conference
2.1and inform the recipient in writing of the action the county agency is going to take and
2.2when that action will be takenand notify the recipient of the right to a hearing under this
2.3subdivision. The conciliation conference shall be conducted in a manner consistent with
2.4the commissioner's instructions. If the county fails to conduct the conciliation conference
2.5and issue its report within 30 days, or, at any time up to 90 days after the conciliation
2.6conference is held, a recipient may submit to the commissioner a written request for a
2.7hearing before a state human services referee to determine whether case management
2.8services have been provided in accordance with applicable laws and rules or whether the
2.9county agency has assured that the services identified in the recipient's individual service
2.10plan have been delivered in accordance with the laws and rules governing the provision
2.11of those services and the recipient's appeal has not yet been heard under this section, the
2.12recipient may file a request for an order directing the county agency to comply with their
2.13obligation to schedule and hold the conference and issue a notice of its intended action
2.14regarding case management services in accordance with this subdivision. The state human
2.15services referee shall recommend an order to the commissioner, who shall, in accordance
2.16with the procedure in subdivision 5, issue a final order within 60 days of the receipt of the
2.17request for a hearing, unless the commissioner refuses to accept the recommended order, in
2.18which event a final order shall issue within 90 days of the receipt of that request. The order
2.19may direct the county agency to take those actions necessary to comply with applicable
2.20laws or rules. The commissioner may issue a temporary order prohibiting the demission of
2.21a recipient of case management services from a residential or day habilitation program
2.22licensed under chapter 245A, while a county agency review process or an appeal brought
2.23by a recipient under this subdivision is pending, or for the period of time necessary for
2.24the county agency to implement the commissioner's order. The commissioner shall not
2.25issue a final order staying the demission of a recipient of case management services from a
2.26residential or day habilitation program licensed under chapter 245A.
1.3personal care assistance appeals; amending Minnesota Statutes 2010, section
1.4256.045, subdivision 4a.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 256.045, subdivision 4a, is amended to
1.7read:
1.8 Subd. 4a. Case management appeals. (a) Any recipient of case management
1.9services pursuant to section
1.10to act in the provision of those case management services, other than a failure to act with
1.11reasonable promptness or a suspension, reduction, denial, or termination of services,
1.12
1.13case worker and the county lead agency director or designee to the county agency, and
1.14must mail a copy of their request to the department at the same time they file it with the
1.15county agency. The filing with the department shall constitute an appeal for a fair hearing
1.16under this section. The department may hear and decide the appeal without regard to the
1.17request for a conference.
1.18(b) The county agency shall inform the commissioner of the receipt of a request when
1.19it is submitted and shall schedule a
1.20the recipient, the commissioner, and all interested persons of the time, date, and location
1.21of the
1.22
1.23
1.24the conference has been held, the county agency shall
2.1
2.2when that action will be taken
2.3
2.4
2.5and issue its report within 30 days
2.6
2.7
2.8
2.9
2.10
2.11
2.12recipient may file a request for an order directing the county agency to comply with their
2.13obligation to schedule and hold the conference and issue a notice of its intended action
2.14regarding case management services in accordance with this subdivision. The state human
2.15services referee shall recommend an order to the commissioner, who shall, in accordance
2.16with the procedure in subdivision 5, issue a final order within 60 days of the receipt of the
2.17request for a hearing, unless the commissioner refuses to accept the recommended order, in
2.18which event a final order shall issue within 90 days of the receipt of that request. The order
2.19may direct the county agency to take those actions necessary to comply with applicable
2.20laws or rules. The commissioner may issue a temporary order prohibiting the demission of
2.21a recipient of case management services from a residential or day habilitation program
2.22licensed under chapter 245A, while a county agency review process or an appeal brought
2.23by a recipient under this subdivision is pending, or for the period of time necessary for
2.24the county agency to implement the commissioner's order. The commissioner shall not
2.25issue a final order staying the demission of a recipient of case management services from a
2.26residential or day habilitation program licensed under chapter 245A.
