SF 1288

1st Engrossment - 90th Legislature (2017 - 2018) Posted on 03/09/2017 06:10pm

A bill for an act
relating to human services; establishing an advisory committee; modifying the tax
code; modifying 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 256.01, by adding a subdivision; 256B.0622, subdivisions 3a, 4; 256J.626,
subdivision 5; 270B.14, subdivision 1.

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

Section 1.

Minnesota Statutes 2016, section 256.01, is amended by adding a subdivision
to read:

new text begin Subd. 2c. new text end

new text begin Program Simplification and Uniformity Advisory Committee. new text end

new text begin (a) The
Program Simplification and Uniformity Advisory Committee shall advise the commissioner
on policies and procedures to create a human services delivery system that simplifies and
aligns agency programs. The committee shall meet at least quarterly and may meet more
frequently as required by the commissioner. The committee shall annually elect a chair from
its members, who shall work with the commissioner to establish the agenda for each meeting.
The commissioner, or the commissioner's designee, shall attend each advisory committee
meeting.
new text end

new text begin (b) The Program Simplification and Uniformity Advisory Committee shall advise and
make recommendations to the commissioner on the development of policies, strategies, and
approaches to simplify, align, and unify programs that will:
new text end

new text begin (1) promote client-centered programs;
new text end

new text begin (2) reduce program redundancies and duplication;
new text end

new text begin (3) prepare for and facilitate the development and implementation of new information
technology eligibility systems;
new text end

new text begin (4) ensure program integrity by preventing waste, fraud, and abuse, and improve program
efficiency; and
new text end

new text begin (5) promote the development and implementation of an integrated human service
eligibility and delivery system.
new text end

new text begin (c) The Program Simplification and Uniformity Advisory Committee consists of:
new text end

new text begin (1) four voting members who represent county and social service administrators, at least
two of whom must represent a county other than Anoka, Carver, Chisago, Dakota, Hennepin,
Isanti, Ramsey, Scott, Sherburne, Washington, and Wright;
new text end

new text begin (2) two voting members who represent tribal social service agencies;
new text end

new text begin (3) four voting members of agencies and organizations who represent public assistance
recipients, including persons with physical and developmental disabilities, persons with
mental illness, seniors, parents or legal guardians of children, or low-income individuals;
new text end

new text begin (4) four voting members who are users of public human services programs, including
persons with physical and developmental disabilities, persons with mental illness, seniors,
parents or legal guardians of children, or low-income individuals;
new text end

new text begin (5) two voting members who represent county financial and eligibility workers;
new text end

new text begin (6) two voting members of the house of representatives, one from the majority party
appointed by the speaker of the house and one from the minority party appointed by the
minority leader, and two voting members from the senate, one from the majority party
appointed by the senate majority leader and one from the minority party appointed by the
senate minority leader;
new text end

new text begin (7) four at-large voting members as determined by the members under clauses (1), (2),
(3), and (4);
new text end

new text begin (8) up to four nonvoting members appointed by the commissioner who are program
policy experts to provide technical support to the committee;
new text end

new text begin (9) one nonvoting member appointed by the commissioner of health who is a program
policy expert to provide technical support to the committee;
new text end

new text begin (10) one nonvoting member appointed by the commissioner of employment and economic
development who is a program policy expert to provide technical support to the committee;
and
new text end

new text begin (11) one nonvoting member appointed by the commissioner of commerce who is a
program policy expert to provide technical support to the committee.
new text end

new text begin (d) A voting committee member shall not be employed by the state of Minnesota except
for voting members appointed under clause (6). A committee member shall not receive
compensation for committee work.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
expires June 30, 2020.
new text end

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 270B.14, subdivision 1, is amended to read:

Subdivision 1.

Disclosure to commissioner of human services.

(a) On the request of
the commissioner of human services, the commissioner shall disclose return information
regarding taxes imposed by chapter 290, and claims for refunds under chapter 290A, to the
extent provided in paragraph (b) and for the purposes set forth in paragraph (c).

(b) Data that may be disclosed are limited to data relating to the identity, whereabouts,
employment, income, and property of a person owing or alleged to be owing an obligation
of child support.

(c) The commissioner of human services may request data only for the purposes of
carrying out the child support enforcement program and to assist in the location of parents
who have, or appear to have, deserted their children. Data received may be used only as set
forth in section 256.978.

(d) The commissioner shall provide the records and information necessary to administer
the supplemental housing allowance to the commissioner of human services.

(e) At the request of the commissioner of human services, the commissioner of revenue
shall electronically match the Social Security numbers and names of participants in the
telephone assistance plan operated under sections 237.69 to 237.71, with those of property
tax refund filers, and determine whether each participant's household income is within the
eligibility standards for the telephone assistance plan.

(f) The commissioner may provide records and information collected under sections
295.50 to 295.59 to the commissioner of human services for purposes of the Medicaid
Voluntary Contribution and Provider-Specific Tax Amendments of 1991, Public Law
102-234. Upon the written agreement by the United States Department of Health and Human
Services to maintain the confidentiality of the data, the commissioner may provide records
and information collected under sections 295.50 to 295.59 to the Centers for Medicare and
Medicaid Services section of the United States Department of Health and Human Services
for purposes of meeting federal reporting requirements.

(g) The commissioner may provide records and information to the commissioner of
human services as necessary to administer the early refund of refundable tax credits.

(h) The commissioner may disclose information to the commissioner of human services
new text begin as new text end necessary deleted text begin to verify deleted text end new text begin for new text end income new text begin verification new text end for eligibility and premium payment under
the MinnesotaCare program, under section 256L.05, subdivision 2 new text begin , and the medical assistance
program under chapter 256B new text end .

(i) The commissioner may disclose information to the commissioner of human services
necessary to verify whether applicants or recipients for the Minnesota family investment
program, general assistance, food support, Minnesota supplemental aid program, and child
care assistance have claimed refundable tax credits under chapter 290 and the property tax
refund under chapter 290A, and the amounts of the credits.

(j) The commissioner may disclose information to the commissioner of human services
necessary to verify income for purposes of calculating parental contribution amounts under
section 252.27, subdivision 2a.

new text begin EFFECTIVE DATE. new text end

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