HF 394

as introduced - 88th Legislature (2013 - 2014) Posted on 02/06/2013 03:25pm

A bill for an act
relating to human services; modifying residential treatment services for children;
amending Minnesota Statutes 2012, sections 245.4882, subdivisions 1, 4, by
adding a subdivision; 245.4885, subdivision 1; repealing Minnesota Statutes
2012, sections 245.4885, subdivision 3; 253C.01.

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

Section 1.

Minnesota Statutes 2012, section 245.4882, subdivision 1, is amended to read:

Subdivision 1.

Availability of residential treatment services.

deleted text begin County boards
deleted text end new text begin The commissioner new text end must provide or contract for enough residential treatment services
to meet the new text begin clinical treatment new text end needs of each child with severe emotional disturbance
residing in the deleted text begin county deleted text end new text begin state new text end and needing this level of care. Length of stay is based on the
child's residential treatment need deleted text begin and shall be subject to the six-month review process
established in section 260C.203, and for children in voluntary placement for treatment, the
court review process in section 260D.06 deleted text end . Services must be appropriate to the child's age
and treatment needs and must be made available as close to the county new text begin of residence new text end as
possible. Residential treatment must be designed to:

(1) prevent placement in settings that are more intensive, costly, or restrictive than
necessary and appropriate to meet the child's needs;

(2) help the child improve family living and social interaction skills;

(3) help the child gain the necessary skills to return to the community;

(4) stabilize crisis admissions; and

(5) work with families throughout the placement to improve the ability of the
families to care for children with severe emotional disturbance in the home.

Sec. 2.

Minnesota Statutes 2012, section 245.4882, subdivision 4, is amended to read:

Subd. 4.

Admission, continued stay, and discharge criteria.

deleted text begin No later than
January 1, 1992, deleted text end The deleted text begin county board deleted text end new text begin commissioner new text end shall ensure that placement decisions
for residential treatment services are based on the clinical needs of the child. The deleted text begin county
board deleted text end new text begin commissioner new text end shall ensure that each entity under contract to provide residential
treatment services has admission, continued stay, discharge criteria and discharge planning
criteria as part of the contract. Contracts shall specify specific responsibilities between
the deleted text begin county deleted text end new text begin state new text end and service providers to ensure comprehensive planning and continuity
of care between needed services according to data privacy requirements. The deleted text begin county
board deleted text end new text begin commissioner new text end shall ensure that, at least ten days prior to discharge, the operator
of the residential treatment facility shall provide written notification of the discharge to
the child's parent or caretaker, the local education agency in which the child is enrolled,
and the receiving education agency to which the child will be transferred upon discharge.
When the child has an individualized education program, the notice shall include a copy
of the individualized education program. All contracts for the provision of residential
services must include provisions guaranteeing clients the right to appeal under section
245.4887 and to be advised of their appeal rights.

Sec. 3.

Minnesota Statutes 2012, section 245.4882, is amended by adding a subdivision
to read:

new text begin Subd. 6. new text end

new text begin Maintenance of effort. new text end

new text begin The county must maintain a level of expenditures
for mental health residential services under this section, in accordance with section
245.4835.
new text end

Sec. 4.

Minnesota Statutes 2012, section 245.4885, subdivision 1, is amended to read:

Subdivision 1.

Admission criteria.

(a) Prior to admission, except in the case of
emergency admission, all children referred for treatment of severe emotional disturbance
in a treatment foster care setting, residential treatment facility, or informally admitted to a
regional treatment center shall undergo an assessment to determine the appropriate level
of care if public funds are used to pay for the services.

(b) deleted text begin The county board shall determine the appropriate level of care when
county-controlled funds are used to pay for the services. deleted text end When the child is enrolled in
a prepaid health program under section 256B.69, the enrolled child's contracted health
plan must determine the appropriate level of care. When Indian Health Services funds
or funds of a tribally owned facility funded under the Indian Self-Determination and
Education Assistance Act, Public Law 93-638, are to be used, the Indian Health Services
or 638 tribal health facility must determine the appropriate level of care. When more than
one entity bears responsibility for coverage, the entities shall coordinate level of care
determination activities to the extent possible.

(c) The level of care determination shall determine whether the proposed treatment:

(1) is necessary;

(2) is appropriate to the child's individual treatment needs;

(3) cannot be effectively provided in the child's home; and

(4) provides a length of stay as short as possible consistent with the individual
child's need.

(d) When a level of care determination is conducted, the responsible entity may not
determine that referral or admission to a treatment foster care setting or residential treatment
facility is not appropriate solely because services were not first provided to the child in a
less restrictive setting and the child failed to make progress toward or meet treatment goals
in the less restrictive setting. The level of care determination must be based on a diagnostic
assessment that includes a functional assessment which evaluates family, school, and
community living situations; and an assessment of the child's need for care out of the home
using a validated tool which assesses a child's functional status and assigns an appropriate
level of care. The validated tool must be approved by the commissioner of human services.
If a diagnostic assessment including a functional assessment has been completed by a
mental health professional within the past 180 days, a new diagnostic assessment need not
be completed unless in the opinion of the current treating mental health professional the
child's mental health status has changed markedly since the assessment was completed.
The child's parent shall be notified if an assessment will not be completed and of the
reasons. A copy of the notice shall be placed in the child's file. Recommendations
developed as part of the level of care determination process shall include specific
community services needed by the child and, if appropriate, the child's family, and shall
indicate whether or not these services are available and accessible to the child and family.

(e) During the level of care determination process, the child, child's family, or child's
legal representative, as appropriate, must be informed of the child's eligibility for case
management services and family community support services and that an individual
family community support plan is being developed by the case manager, if assigned.

(f) deleted text begin The level of care determination shall comply with section 260C.212. deleted text end The parent
shall be consulted in the process, unless clinically detrimental to the child.

(g) The level of care determination, and placement decision, and recommendations
for mental health services must be documented in the child's record.

Sec. 5. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, sections 245.4885, subdivision 3; and 253C.01, new text end new text begin are
repealed.
new text end