d. Background study fees increase for some DHS-enrolled providers

Background study fees increase for some DHS-enrolled providers 2021, 1st Special Session HF33/SF37 Chapter 7, Article 2, Sections 30, 33, 37 & 42 HHS omnibus bill Effective: July 1, 2021

Short description Background study fees are further defined and increased for certain DHS providers.

Summary The Minnesota Department of Human Services (DHS) is to recover the cost of background studies. The new language provides that the background study fees collected under this section, except as otherwise provided in subdivisions 1c and 1d, must be appropriated to the commissioner for the purpose of conducting background studies under chapter 245C.

Additionally, the background study fee charged to supplemental nursing services agencies, unlicensed HCBS providers, and providers of housing support will increase (e.g., may not exceed) from $20 to $42.

Implications Background study fees will increase for supplemental nursing services agencies, unlicensed HCBS providers, and providers of housing support.

Bill language https://www.revisor.mn.gov/laws/2021/1/Session+Law/Chapter/7/

Sec. 30. Minnesota Statutes 2020, section 245C.10, is amended by adding a subdivision to read:

Subd. 1b. Background study fees. (a) The commissioner shall recover the cost of background studies. Except as otherwise provided in subdivisions 1c and 1d, the fees collected under this section shall be appropriated to the commissioner for the purpose of conducting background studies under this chapter. Fees under this section are charges under section 16A.1283, paragraph (b), clause (3). (b) Background study fees may include: (1) a fee to compensate the commissioner's authorized fingerprint collection vendor or vendors for obtaining and processing a background study subject's classifiable fingerprints and photograph pursuant to subdivision 1c; and (2) a separate fee under subdivision 1c to complete a review of background-studyrelated records as authorized under this chapter.

(c) Fees charged under paragraph (b) may be paid in whole or part when authorized by law by a state agency or board; by state court administration; by a service provider, employer, license holder, or other organization that initiates the background study; by the commissioner or other organization with duly appropriated funds; by a background study subject; or by some combination of these sources.

read: Sec. 33. Minnesota Statutes 2020, section 245C.10, subdivision 2, is amended to

Subd. 2.Supplemental nursing services agencies. The commissioner shall recover the cost of the background studies initiated by supplemental nursing services agencies registered under section 144A.71, subdivision 1, through a fee of no more than $20 $42 per study charged to the agency. The fees collected under this subdivision are appropriated to the commissioner for the purpose of conducting background studies.

read: Sec. 37. Minnesota Statutes 2020, section 245C.10, subdivision 6, is amended to

Subd. 6. Unlicensed home and community-based waiver providers of service to seniors and individuals with disabilities. The commissioner shall recover the cost of background studies initiated by unlicensed home and community-based waiver providers of service to seniors and individuals with disabilities under section 256B.4912 through a fee of no more than $20 $42 per study.

read: Sec. 42. Minnesota Statutes 2020, section 245C.10, subdivision 11, is amended to

Subd. 11. Providers of housing support. The commissioner shall recover the cost of background studies initiated by providers of housing support under section 256I.04 through a fee of no more than $20 $42 per study. The fees collected under this subdivision are appropriated to the commissioner for the purpose of conducting background studies.