SF 1288

as introduced - 90th Legislature (2017 - 2018) Posted on 03/02/2017 08:34am

A bill for an act
relating to human services; modifying certain provisions governing judicial appeal
panel decisions for civil commitment, assertive community treatment and intensive
residential treatment services, Minnesota family investment program innovation
funds, and appeals and fair hearings for Northstar Care for Children; amending
Minnesota Statutes 2016, sections 253D.28, subdivision 3; 256B.0622, subdivisions
3a, 4; 256J.626, subdivision 5; 256N.28, subdivision 6.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2016, section 253D.28, subdivision 3, is amended to read:

Subd. 3.

Decision.

A majority of the judicial appeal panel shall rule upon the petition.
The panel shall consider the petition de novo. No order of the judicial appeal panel granting
a transfer deleted text begin , deleted text end new text begin or provisional new text end discharge deleted text begin , or provisional discharge deleted text end shall be made effective sooner
than 15 days after it is issued. new text begin No order of the judicial appeal panel granting discharge shall
be made effective sooner than 30 days after it is issued. new text end The panel may not consider petitions
for relief other than those considered by the special review board from which the appeal is
taken. The judicial appeal panel may not grant a transfer or provisional discharge on terms
or conditions that were not presented to the special review board.

Sec. 2.

Minnesota Statutes 2016, section 256B.0622, subdivision 3a, is amended to read:

Subd. 3a.

Provider certification and contract requirements for assertive community
treatment.

(a) The assertive community treatment provider new text begin entity new text end must deleted text begin :
deleted text end

deleted text begin (1) have a contract with the host county to provide assertive community treatment
services; and
deleted text end

deleted text begin (2) deleted text end have each ACT team be certified by the state following the certification process and
procedures developed by the commissioner. The certification process determines whether
the ACT team meets the standards for assertive community treatment under this section as
well as minimum program fidelity standards as measured by a nationally recognized fidelity
tool approved by the commissioner. Recertification must occur at least every three years.

(b) An ACT team certified under this subdivision must meet the following standards:

(1) have capacity to recruit, hire, manage, and train required ACT team members;

(2) have adequate administrative ability to ensure availability of services;

(3) ensure adequate preservice and ongoing training for staff;

(4) ensure that staff is capable of implementing culturally specific services that are
culturally responsive and appropriate as determined by the client's culture, beliefs, values,
and language as identified in the individual treatment plan;

(5) ensure flexibility in service delivery to respond to the changing and intermittent care
needs of a client as identified by the client and the individual treatment plan;

(6) develop and maintain client files, individual treatment plans, and contact charting;

(7) develop and maintain staff training and personnel files;

(8) submit information as required by the state;

(9) keep all necessary records required by law;

(10) comply with all applicable laws;

(11) be an enrolled Medicaid provider;

(12) establish and maintain a quality assurance plan to determine specific service
outcomes and the client's satisfaction with services; and

(13) develop and maintain written policies and procedures regarding service provision
and administration of the provider entity.

(c) The commissioner may intervene at any time and decertify an ACT team with cause.
The commissioner shall establish a process for decertification of an ACT team and shall
require corrective action, medical assistance repayment, or decertification of an ACT team
that no longer meets the requirements in this section or that fails to meet the clinical quality
standards or administrative standards provided by the commissioner in the application and
certification process. The decertification is subject to appeal to the state.

new text begin (d) A provider entity must specify in the provider entity's application what geographic
area and populations will be served by the proposed program. A provider entity must
document that the capacity or program specialties of existing programs are not sufficient
to meet the service needs of the target population. A provider entity must submit evidence
of ongoing relationships with other providers and levels of care to facilitate referrals to and
from the proposed program.
new text end

new text begin (e) A provider entity must submit documentation that the provider entity requested a
statement of need from each county board and tribal authority that serves as a local mental
health authority in the proposed service area. The statement of need must specify if the local
mental health authority supports or does not support the need for the proposed program and
the basis for this determination. If a local mental health authority does not respond within
60 days of the receipt of the request, the commissioner shall determine the need for the
program based on the documentation submitted by the provider entity.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2016, section 256B.0622, subdivision 4, is amended to read:

Subd. 4.

Provider new text begin entity new text end licensure and contract requirements for intensive residential
treatment services.

(a) The intensive residential treatment services provider new text begin entity new text end must:

(1) be licensed under Minnesota Rules, parts 9520.0500 to 9520.0670;

(2) not exceed 16 beds per site; new text begin and
new text end

(3) comply with the additional standards in this section deleted text begin ; and deleted text end new text begin .
new text end

deleted text begin (4) have a contract with the host county to provide these services.
deleted text end

(b) The commissioner shall develop procedures for counties and providers to submit
deleted text begin contracts and other deleted text end documentation as needed to allow the commissioner to determine whether
the standards in this section are met.

new text begin (c) A provider entity must specify in the provider entity's application what geographic
area and populations will be served by the proposed program. A provider entity must
document that the capacity or program specialties of existing programs are not sufficient
to meet the service needs of the target population. A provider entity must submit evidence
of ongoing relationships with other providers and levels of care to facilitate referrals to and
from the proposed program.
new text end

new text begin (d) A provider entity must submit documentation that the provider entity requested a
statement of need from each county board and tribal authority that serves as a local mental
health authority in the proposed service area. The statement of need must specify if the local
mental health authority supports or does not support the need for the proposed program and
the basis for this determination. If a local mental health authority does not respond within
60 days of the receipt of the request, the commissioner shall determine the need for the
program based on the documentation submitted by the provider entity.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

Minnesota Statutes 2016, section 256J.626, subdivision 5, is amended to read:

Subd. 5.

Innovation projects.

Beginning January 1, 2005, no more than $3,000,000 of
the funds annually appropriated to the commissioner for use in the consolidated fund shall
be available to the commissioner to reward high-performing counties and tribes, support
promising practices, deleted text begin and deleted text end test innovative approaches to improving outcomes new text begin , and to provide
for evaluation of projects, promising practices, and innovative approaches new text end for MFIP
participants, family stabilization services participants, and persons at risk of receiving MFIP
as detailed in subdivision 3. Project funds may be targeted to geographic areas with poor
outcomes as specified in section 256J.751, subdivision 5, or to subgroups within the MFIP
case load who are experiencing poor outcomes.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5.

Minnesota Statutes 2016, section 256N.28, subdivision 6, is amended to read:

Subd. 6.

Appeals and fair hearings.

(a) A caregiver has the right to appeal to the
commissioner under section 256.045 when eligibility for Northstar Care for Children is
denied, and when payment or the agreement for an eligible child is modified or terminated.

(b) deleted text begin A relative custodian or adoptive parent has additional rights to appeal to the
commissioner pursuant to section 256.045. These rights include when the commissioner
terminates or modifies the Northstar kinship assistance or adoption assistance agreement
or when the commissioner denies an application for Northstar kinship assistance or adoption
assistance. A prospective relative custodian or adoptive parent who disagrees with a decision
by the commissioner before transfer of permanent legal and physical custody or finalization
of the adoption may request review of the decision by the commissioner or may appeal the
decision under section 256.045. A Northstar kinship assistance or adoption assistance
agreement must be signed and in effect before the court order that transfers permanent legal
and physical custody or the adoption finalization; however, in some cases, there may be
extenuating circumstances as to why an agreement was not entered into before finalization
of permanency for the child. deleted text end Caregivers who believe that extenuating circumstances exist
new text begin as to why an agreement was not entered into before finalization of permanency new text end in the case
of their child may request a fair hearing. Caregivers have the responsibility of proving that
extenuating circumstances exist. Caregivers must be required to provide written
documentation of each eligibility criterion at the fair hearing. deleted text begin Examples of extenuating
circumstances include: relevant facts regarding the child were known by the placing agency
and not presented to the caregivers before transfer of permanent legal and physical custody
or finalization of the adoption, or failure by the commissioner or a designee to advise
potential caregivers about the availability of Northstar kinship assistance or adoption
assistance for children in the state foster care system. deleted text end If a human services judge finds through
the fair hearing process that extenuating circumstances existed and that the child met all
new text begin other new text end eligibility criteria at the time the transfer of permanent legal and physical custody was
ordered or the adoption was finalized, the effective date deleted text begin and any associated federal financial
participation deleted text end shall be retroactive from the date of the request for a fair hearing.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end