HF 105

2nd Engrossment - 91st Legislature, 2020 1st Special Session (2019 - 2020) Posted on 06/30/2020 12:22pm

A bill for an act
relating to human services; extending the expiration of the executive order relating
to use of telemedicine in the state medical cannabis program; extending the
expiration of certain human services program waivers and modifications issued
by the commissioner of human services pursuant to executive orders during the
peacetime emergency declared in response to the COVID-19 pandemic; establishing
a 60-day period for the commissioner of human services to transition affected
programs off of COVID-19 waivers and modifications following expiration of the
peacetime emergency; appropriating money.

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

Section 1. new text begin COMMISSIONER OF HUMAN SERVICES; EXTENSION OF COVID-19
HUMAN SERVICES PROGRAM WAIVERS AND MODIFICATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Waivers and modifications; federal funding extension. new text end

new text begin When the
peacetime emergency declared by the governor in response to the COVID-19 outbreak
expires, is terminated, or is rescinded by the proper authority, the following waivers and
modifications to human services programs issued by the commissioner of human services
pursuant to Executive Orders 20-11 and 20-12 that are required to comply with federal law
may remain in effect for the time period set out in applicable federal law or for the time
period set out in any applicable federally approved waiver or state plan amendment,
whichever is later:
new text end

new text begin (1) CV17: preserving health care coverage for Medical Assistance and MinnesotaCare;
new text end

new text begin (2) CV18: implementation of federal changes to the Supplemental Nutrition Assistance
Program;
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new text begin (3) CV20: eliminating cost-sharing for COVID-19 diagnosis and treatment;
new text end

new text begin (4) CV37: implementation of federal changes to the Supplemental Nutrition Assistance
Program;
new text end

new text begin (5) CV39: implementation of federal changes to the Supplemental Nutrition Assistance
Program;
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new text begin (6) CV59: modifying eligibility period for the federally funded Refugee Cash Assistance
Program; and
new text end

new text begin (7) CV60: modifying eligibility period for the federally funded Refugee Social Services
Program.
new text end

new text begin Subd. 2. new text end

new text begin Waivers and modifications; extension to June 30, 2021. new text end

new text begin When the peacetime
emergency declared by the governor in response to the COVID-19 outbreak expires, is
terminated, or is rescinded by the proper authority, the following waivers and modifications
to human services programs issued by the commissioner of human services pursuant to
Executive Orders 20-11 and 20-12, including any amendments to the waivers or modifications
issued before the peacetime emergency expires, shall remain in effect until June 30, 2021,
unless necessary federal approval is not received at any time for a waiver or modification:
new text end

new text begin (1) CV15: allowing phone or video visits for waiver programs;
new text end

new text begin (2) CV16: expanding access to telemedicine services for Children's Health Insurance
Program, Medical Assistance, and MinnesotaCare enrollees;
new text end

new text begin (3) CV21: allowing telemedicine alternative for school-linked mental health services
and intermediate school district mental health services;
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new text begin (4) CV24: allowing phone or video use for targeted case management visits;
new text end

new text begin (5) CV30: expanding telemedicine in health care, mental health, and substance use
disorder settings;
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new text begin (6) CV31: allowing partial waiver of county cost when COVID-19 delays discharges
from DHS-operated psychiatric hospitals;
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new text begin (7) CV38: allowing flexibility in housing licensing requirements;
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new text begin (8) CV43: expanding remote home and community-based services waiver services;
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new text begin (9) CV44: allowing remote delivery of adult day services;
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new text begin (10) CV45: modifying certain licensing requirements for substance use disorder treatment,
except that the extension shall be limited to the portions of this modification requiring
programs to become and remain familiar with Minnesota Department of Health and Centers
for Disease Control and Prevention guidance on COVID-19; requiring programs to follow
Minnesota Department of Health and Centers for Disease Control and Prevention guidance
specific to the situation and program capabilities if a person receiving services or a staff
person tests positive for COVID-19; permitting programs to temporarily suspend group
counseling or limit attendance at sessions when unable to accommodate requirements for
social distancing and community mitigation; permitting comprehensive assessments to be
completed by telephone or video communication; permitting a counselor, recovery peer, or
treatment coordinator to provide treatment services from their home by telephone or video
communication to a client in their home; permitting programs to follow the Substance Abuse
and Mental Health Services Administration guidelines as directed by the State Opioid
Treatment Authority within the Department of Human Services Behavioral Health division
to allow for an increased number of take-home doses in accordance with an assessment
conducted under Minnesota Statutes, section 245G.22, subdivision 6; removing the
requirement for opioid treatment programs to conduct outreach activities in the community;
and permitting programs to document a client's verbal approval of a treatment plan instead
of requiring the client's signature;
new text end

new text begin (11) CV49: modifying certain license requirements for adult day services;
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new text begin (12) CV50: modifying certain requirements for early intensive developmental and
behavioral intervention (EIDBI) services;
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new text begin (13) CV53: allowing flexibility for personal care assistance service oversight, except
that the portion of this modification permitting personal care assistance workers to bill 310
hours per month shall expire upon the expiration of the peacetime emergency; and
new text end

new text begin (14) CV64: modifying certain certification requirements for mental health centers, except
that the extension shall be limited to the portions of this modification requiring programs
to become and remain familiar with Minnesota Department of Health and Centers for Disease
Control and Prevention guidance on COVID-19; requiring programs to follow Minnesota
Department of Health and Centers for Disease Control and Prevention guidance specific to
the situation and program capabilities if a person receiving services or a staff person tests
positive for COVID-19; permitting alternative mental health professional supervision of
clinical services at satellite locations; permitting an alternative process for case consultation
meetings; and permitting mental health professionals to provide required client-specific
supervisory contact by telephone or video communication instead of face-to-face supervision.
new text end

new text begin Subd. 3. new text end

new text begin Waivers and modifications; 60-day transition period. new text end

new text begin When the peacetime
emergency declared by the governor in response to the COVID-19 outbreak expires, is
terminated, or is rescinded by the proper authority, all waivers or modifications issued by
the commissioner of human services in response to the COVID-19 outbreak that have not
been extended as provided in subdivisions 1, 2, and 4 of this section may remain in effect
for no more than 60 days, only for purposes of transitioning affected programs back to
operating without the waivers or modifications in place.
new text end

new text begin Subd. 4. new text end

new text begin Modification; extension to December 30, 2020. new text end

new text begin When the peacetime emergency
declared by the governor in response to the COVID-19 outbreak expires, is terminated, or
is rescinded by the proper authority, the modification in CV27: allowing exemption for
temporary absence policy in housing support, issued by the commissioner of human services
pursuant to Executive Orders 20-11 and 20-12, and including any amendments to the
modification issued before the peacetime emergency expires, shall remain in effect until
December 30, 2020.
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. 2. new text begin EXTENSION OF MEDICAL CANNABIS PROGRAM TELEMEDICINE
FLEXIBILITIES.
new text end

new text begin When the peacetime emergency declared by the governor in response to the COVID-19
outbreak expires, is terminated, or is rescinded by the proper authority, the provisions in
Executive Order 20-26 authorizing the use of telemedicine in the medical cannabis program
to conduct patient assessments to certify patient qualifying medical conditions, and to
perform consultations between patients or caregivers and manufacturer employees licensed
as pharmacists before the distribution of medical cannabis, shall remain in effect until June
30, 2021.
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. new text begin APPROPRIATION; HOUSING SUPPORT TEMPORARY ABSENCE
POLICY MODIFICATION EXTENSION.
new text end

new text begin $1,135,000 in fiscal year 2021 is appropriated from the coronavirus relief federal fund
to the commissioner of human services for extending the modification to the housing support
temporary absence policy in section 1, subdivision 4, until December 30, 2020. This is a
onetime appropriation.
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