Minnesota Statutes Public Welfare and Related Activities (Ch. 245-267) § 245C.10. Background study; fees

Subdivision 1. Repealed byLaws 2009, c. 142, art. 2, § 49, eff. Aug. 1, 2009.

Subd. 1a.Expenses.Section 181.645does not apply to background studies completed under this chapter.

Subd. 1c. Fingerprint and photograph processing fees. The commissioner shall enter into a contract with a qualified vendor or vendors to obtain and process a background study subject's classifiable fingerprints and photograph as required bysection 245C.05. The commissioner may, at their discretion, directly collect fees and reimburse the commissioner's authorized fingerprint collection vendor for the vendor's services or require the vendor to collect the fees. The authorized vendor is responsible for reimbursing the vendor's subcontractors at a rate specified in the contract with the commissioner.

Subd. 1d. State; national criminal history record check fees. The commissioner may increase background study fees as necessary, commensurate with an increase in state Bureau of Criminal Apprehension or the national criminal history record check fees.

Subd. 2. Supplemental nursing services agencies. The commissioner shall recover the cost of the background studies initiated by supplemental nursing services agencies registered undersection 144A.71, subdivision 1, through a fee of no more than $44 per study charged to the agency. The fees collected under this subdivision are appropriated to the commissioner for the purpose of conducting background studies.

Subd. 2a. Occupations regulated by commissioner of health. The commissioner shall set fees to recover the cost of combined background studies and criminal background checks initiated by applicants, licensees, and certified practitioners regulated undersections 148.511to148.5198and chapter 153A through a fee of no more than $44 per study charged to the entity. The fees collected under this subdivision shall be deposited in the special revenue fund and are appropriated to the commissioner for the purpose of conducting background studies and criminal background checks.

Subd. 3. Personal care provider organizations. The commissioner shall recover the cost of background studies initiated by a personal care provider organization undersections 256B.0651to256B.0654and256B.0659through a fee of no more than $44 per study charged to the organization responsible for submitting the background study form. The fees collected under this subdivision are appropriated to the commissioner for the purpose of conducting background studies.

Subd. 4. Temporary personnel agencies, personnel pool agencies, educational programs, and professional services agencies. The commissioner shall recover the cost of the background studies initiated by temporary personnel agencies, personnel pool agencies, educational programs, and professional services agencies that initiate background studies undersection 245C.03, subdivision 4, through a fee of no more than $44 per study charged to the agency. The fees collected under this subdivision are appropriated to the commissioner for the purpose of conducting background studies.

Subd. 5. Adult foster care and family adult day services. The commissioner shall recover the cost of background studies required undersection 245C.03, subdivision 1, for the purposes of adult foster care and family adult day services licensing, through a fee of no more than $44 per study charged to the license holder. The fees collected under this subdivision are appropriated to the commissioner for the purpose of conducting background studies.

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 undersection 256B.4912through a fee of no more than $44 per study.

Subd. 7. Private agencies. The commissioner shall recover the cost of conducting background studies undersection 245C.33for studies initiated by private agencies for the purpose of adoption through a fee of no more than $70 per study charged to the private agency. The fees collected under this subdivision are appropriated to the commissioner for the purpose of conducting background studies.

Subd. 8. Children's therapeutic services and supports providers. The commissioner shall recover the cost of background studies required undersection 245C.03, subdivision 7, for the purposes of children's therapeutic services and supports undersection 256B.0943, through a fee of no more than $44 per study charged to the license holder. The fees collected under this subdivision are appropriated to the commissioner for the purpose of conducting background studies.

Subd. 9. Human services licensed programs. The commissioner shall recover the cost of background studies required undersection 245C.03, subdivision 1, for all programs that are licensed by the commissioner, except child foster care when the applicant or license holder resides in the home where child foster care services are provided, family child care, child care centers, certified license-exempt child care centers, and legal nonlicensed child care authorized under chapter 142E, through a fee of no more than $44 per study charged to the license holder. The fees collected under this subdivision are appropriated to the commissioner for the purpose of conducting background studies.

Subd. 9a. Child care programs. The commissioner shall recover the cost of a background study required for family child care, certified license-exempt child care centers, licensed child care centers, and legal nonlicensed child care providers authorized under chapter 142E through a fee of no more than $44 per study charged to the license holder. A fee of no more than $44 per study shall be charged for studies conducted undersection 245C.05, subdivision 5a, paragraph (a). The fees collected under this subdivision are appropriated to the commissioner to conduct background studies.

Subd. 10. Community first services and supports organizations. The commissioner shall recover the cost of background studies initiated by an agency-provider delivering services undersection 256B.85, subdivision 11, or a financial management services provider providing service functions undersection 256B.85, subdivision 13, through a fee of no more than $44 per study, charged to the organization responsible for submitting the background study form. The fees collected under this subdivision are appropriated to the commissioner for the purpose of conducting background studies.

Subd. 11. Providers of housing support. The commissioner shall recover the cost of background studies initiated by providers of housing support undersection 256I.04through a fee of no more than $44 per study. The fees collected under this subdivision are appropriated to the commissioner for the purpose of conducting background studies.

Subd. 12. Child protection workers or social services staff having responsibility for child protective duties. The commissioner shall recover the cost of background studies initiated by county social services agencies and local welfare agencies for individuals who are required to have a background study undersection 260E.36, subdivision 3, through a fee of no more than $44 per study. The fees collected under this subdivision are appropriated to the commissioner for the purpose of conducting background studies.

Subd. 13. Providers of special transportation service. The commissioner shall recover the cost of background studies initiated by providers of special transportation service undersection 174.30through a fee of no more than $44 per study. The fees collected under this subdivision are appropriated to the commissioner for the purpose of conducting background studies.

Subd. 14. Children's residential facilities. The commissioner shall recover the cost of background studies initiated by a licensed children's residential facility through a fee of no more than $53 per study. Fees collected under this subdivision are appropriated to the commissioner for purposes of conducting background studies.

Subd. 16. Providers of housing stabilization services. The commissioner shall recover the cost of background studies initiated by providers of housing stabilization services undersection 256B.051through a fee of no more than $44 per study. The fees collected under this subdivision are appropriated to the commissioner for the purpose of conducting background studies.

Subd. 17. Early intensive developmental and behavioral intervention providers. The commissioner shall recover the cost of background studies required undersection 245C.03, subdivision 15, for the purposes of early intensive developmental and behavioral intervention undersection 256B.0949, through a fee of no more than $44 per study charged to the enrolled agency. The fees collected under this subdivision are appropriated to the commissioner for the purpose of conducting background studies.

Subd. 18. Applicants, licensees, and other occupations regulated by commissioner of health. The applicant or license holder is responsible for paying to the Department of Human Services all fees associated with the preparation of the fingerprints, the criminal records check consent form, and, through a fee of no more than $44 per study, the criminal background check.

Subd. 19. Occupations regulated by MNsure. The commissioner shall set fees to recover the cost of background studies and criminal background checks initiated by MNsure undersections 62V.05and245C.031. The fee amount shall be established through interagency agreement between the commissioner and the board of MNsure or its designee. The fees collected under this subdivision shall be deposited in the special revenue fund and are appropriated to the commissioner for the purpose of conducting background studies and criminal background checks.

Subd. 20. Professional Educators Licensing Standards Board. The commissioner shall recover the cost of background studies initiated by the Professional Educators Licensing Standards Board through a fee of no more than $53 per study. Fees collected under this subdivision are appropriated to the commissioner for purposes of conducting background studies.

Subd. 21. Board of School Administrators. The commissioner shall recover the cost of background studies initiated by the Board of School Administrators through a fee of no more than $53 per study. Fees collected under this subdivision are appropriated to the commissioner for purposes of conducting background studies.