Bill Text: MN SF1170 | 2011-2012 | 87th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.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 section 256B.0625 or256B.092 , or personal care assistance services
1.10under section 256B.0625, who contests the county agency's action, reduction, suspension,
1.11denial, or termination of services, or failure to act in the provision of those services, other
1.12than a failure to act with reasonable promptnessor a suspension, reduction, denial, or
1.13termination of services, must submit a written request for a conciliation conference with
1.14the recipient's case worker and the county social service director or designee to the county
1.15agency. The county agency shall inform the commissioner of the receipt of a request
1.16when it is submitted and shall schedule aconciliation conference within ten days of
1.17receipt of the recipient's written request. The county agency shall notify the recipient, the
1.18commissioner, and all interested persons of the time, date, and location of theconciliation
1.19conference.The commissioner may assist the county by providing mediation services or
1.20by identifying other resources that may assist in the mediation between the parties. Within
1.2130 15 days of the conference, the county agency shall conduct the conciliation conference
1.22and inform the recipient in writing of the action the county agency is going to take and
1.23when that action will be taken and notify the recipient of the right to a hearing under this
2.1subdivision.The conciliation conference shall be conducted in a manner consistent with
2.2the commissioner's instructions.
2.3(b) If the county fails to conduct theconciliation conference and issue its report
2.4within 30 days, or, at any time up to 90 days after theconciliation conference is held,
2.5a recipient may submit to the commissioner a written request for a hearing before a
2.6state human services referee to determine whether case management services have been
2.7provided in accordance with applicable laws and rules or whether the county agency has
2.8assured that the services identified in the recipient's individual service plan have been
2.9delivered in accordance with the laws and rules governing the provision of those services.
2.10The state human services referee shall recommend an order to the commissioner, who
2.11shall, in accordance with the procedure in subdivision 5, issue a final order within 60 days
2.12of the receipt of the request for a hearing, unless the commissioner refuses to accept the
2.13recommended order, in which event a final order shall issue within 90 days of the receipt
2.14of that request. The order may direct the county agency to take those actions necessary to
2.15comply with applicable laws or rules. The commissioner may issue a temporary order
2.16prohibiting the demission of a recipient of case management services from a residential
2.17or day habilitation program licensed under chapter 245A, while a county agency review
2.18process or an appeal brought by a recipient under this subdivision is pending, or for the
2.19period of time necessary for the county agency to implement the commissioner's order.
2.20The commissioner shall not issue a final order staying the demission of a recipient of
2.21case management services from a residential or day habilitation program licensed under
2.22chapter 245A.
2.23(c) Any recipient of case management services under section 256B.0625 or
2.24256B.092, or personal care assistance services under section 256B.0625, must be informed
2.25in writing at the time of application and at the time of any change in services of the
2.26recipient's right to submit a written request to the county agency for a conference with
2.27the case manager and the county social service director.
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 256B.0625 or
1.10under section 256B.0625, who contests the county agency's action, reduction, suspension,
1.11denial, or termination of services, or failure to act in the provision of those services, other
1.12than a failure to act with reasonable promptness
1.13
1.14the recipient's case worker and the county social service director or designee to the county
1.15agency. The county agency shall inform the commissioner of the receipt of a request
1.16when it is submitted and shall schedule a
1.17receipt of the recipient's written request. The county agency shall notify the recipient, the
1.18commissioner, and all interested persons of the time, date, and location of the
1.19conference.
1.20
1.21
1.22
1.23when that action will be taken and notify the recipient of the right to a hearing under this
2.1subdivision.
2.2
2.3(b) If the county fails to conduct the
2.4within 30 days, or, at any time up to 90 days after the
2.5a recipient may submit to the commissioner a written request for a hearing before a
2.6state human services referee to determine whether case management services have been
2.7provided in accordance with applicable laws and rules or whether the county agency has
2.8assured that the services identified in the recipient's individual service plan have been
2.9delivered in accordance with the laws and rules governing the provision of those services.
2.10The state human services referee shall recommend an order to the commissioner, who
2.11shall, in accordance with the procedure in subdivision 5, issue a final order within 60 days
2.12of the receipt of the request for a hearing, unless the commissioner refuses to accept the
2.13recommended order, in which event a final order shall issue within 90 days of the receipt
2.14of that request. The order may direct the county agency to take those actions necessary to
2.15comply with applicable laws or rules. The commissioner may issue a temporary order
2.16prohibiting the demission of a recipient of case management services from a residential
2.17or day habilitation program licensed under chapter 245A, while a county agency review
2.18process or an appeal brought by a recipient under this subdivision is pending, or for the
2.19period of time necessary for the county agency to implement the commissioner's order.
2.20The commissioner shall not issue a final order staying the demission of a recipient of
2.21case management services from a residential or day habilitation program licensed under
2.22chapter 245A.
2.23(c) Any recipient of case management services under section 256B.0625 or
2.24256B.092, or personal care assistance services under section 256B.0625, must be informed
2.25in writing at the time of application and at the time of any change in services of the
2.26recipient's right to submit a written request to the county agency for a conference with
2.27the case manager and the county social service director.
