HF 3415

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/14/2022 01:58pm

A bill for an act
relating to human services; modifying various provisions relating to substance use
disorder treatment; amending Minnesota Statutes 2020, sections 148F.11, by adding
a subdivision; 245A.19; 245F.04, subdivision 1; 245G.01, by adding a subdivision;
245G.06, subdivision 3, by adding subdivisions; 245G.07, by adding subdivisions;
245G.12.

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

Section 1.

Minnesota Statutes 2020, section 148F.11, is amended by adding a subdivision
to read:

new text begin Subd. 2a. new text end

new text begin Former students. new text end

new text begin (a) A former student may practice alcohol and drug
counseling for 90 days from the former student's degree conferral date from an accredited
school or educational program or from the last date the former student received credit for
an alcohol and drug counseling course from an accredited school or educational program.
The former student's practice must be supervised by a supervisor.
new text end

new text begin (b) The former student's right to practice automatically expires after 90 days from the
former student's degree conferral date or date of last course credit, whichever occurs last.
new text end

Sec. 2.

Minnesota Statutes 2020, section 245A.19, is amended to read:

245A.19 HIV TRAINING IN CHEMICAL DEPENDENCY TREATMENT
PROGRAM.

(a) Applicants and license holders for chemical dependency residential and nonresidential
programs must demonstrate compliance with HIV minimum standards deleted text begin prior to deleted text end new text begin before new text end their
application deleted text begin being deleted text end new text begin is new text end complete. The HIV minimum standards contained in the HIV-1
Guidelines for chemical dependency treatment and care programs in Minnesota are not
subject to rulemaking.

(b) deleted text begin Ninety days after April 29, 1992, deleted text end The applicant or license holder shall orient all
chemical dependency treatment staff and clients to the HIV minimum standards. Thereafter,
orientation shall be provided to all staff and clients deleted text begin , deleted text end within 72 hours of employment or
admission to the program. In-service training shall be provided to all staff on at least an
annual basis and the license holder shall maintain records of training and attendance.

(c) The license holder shall maintain a list of referral sources for the purpose of making
necessary referrals of clients to HIV-related services. The list of referral services shall be
updated at least annually.

(d) Written policies and procedures, consistent with HIV minimum standards, shall be
developed and followed by the license holder. All policies and procedures concerning HIV
minimum standards shall be approved by the commissioner. The commissioner deleted text begin shall provide
training on HIV minimum standards to applicants deleted text end new text begin must outline the content required in the
annual staff training under paragraph (b) new text end .

(e) The commissioner may permit variances from the requirements in this section. License
holders seeking variances must follow the procedures in section 245A.04, subdivision 9.

Sec. 3.

Minnesota Statutes 2020, section 245F.04, subdivision 1, is amended to read:

Subdivision 1.

General application and license requirements.

An applicant for licensure
as a clinically managed withdrawal management program or medically monitored withdrawal
management program must meet the following requirements, except where otherwise noted.
All programs must comply with federal requirements and the general requirements in sections
626.557 and 626.5572 and chapters 245A, 245C, and 260E. A withdrawal management
program must be located in a hospital licensed under sections 144.50 to 144.581, or must
be a supervised living facility with a class new text begin A or new text end B license from the Department of Health
under Minnesota Rules, parts 4665.0100 to 4665.9900.

Sec. 4.

Minnesota Statutes 2020, section 245G.01, is amended by adding a subdivision to
read:

new text begin Subd. 13b. new text end

new text begin Guest speaker. new text end

new text begin "Guest speaker" means an individual who works under the
direction of the license holder to present to clients on topics in which they have expertise
and that the license holder has determined to be beneficial to client's recovery. Tribally
licensed programs have autonomy to identify the qualifications of their guest speakers.
new text end

Sec. 5.

Minnesota Statutes 2020, section 245G.06, is amended by adding a subdivision to
read:

new text begin Subd. 2a. new text end

new text begin Documentation of treatment services. new text end

new text begin The staff member who provides the
treatment service must document in the client record the date, type, and amount of each
treatment service provided to a client within seven days of providing the treatment service.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 6.

Minnesota Statutes 2020, section 245G.06, is amended by adding a subdivision to
read:

new text begin Subd. 2b. new text end

new text begin Client record documentation requirements. new text end

new text begin (a) The license holder must
document in the client record any significant event that occurs at the program within 24
business hours of the event. A significant event is an event that impacts the client's
relationship with other clients, staff, the client's family, or the client's treatment plan.
new text end

new text begin (b) A residential treatment program must document in the client record the following
items within 24 business hours that each occurs:
new text end

new text begin (1) medical and other appointments the client attended if known by the provider;
new text end

new text begin (2) concerns related to medications that are not documented in the medication
administration record; and
new text end

new text begin (3) concerns related to attendance for treatment services, including the reason for any
client absence from a treatment service.
new text end

Sec. 7.

Minnesota Statutes 2020, section 245G.06, subdivision 3, is amended to read:

Subd. 3.

deleted text begin Documentation of treatment services; deleted text end Treatment plan review.

deleted text begin (a) A review
of all treatment services must be documented weekly and include a review of:
deleted text end

deleted text begin (1) care coordination activities;
deleted text end

deleted text begin (2) medical and other appointments the client attended;
deleted text end

deleted text begin (3) issues related to medications that are not documented in the medication administration
record; and
deleted text end

deleted text begin (4) issues related to attendance for treatment services, including the reason for any client
absence from a treatment service.
deleted text end

deleted text begin (b) A note must be entered immediately following any significant event. A significant
event is an event that impacts the client's relationship with other clients, staff, the client's
family, or the client's treatment plan.
deleted text end

deleted text begin (c) deleted text end A treatment plan review must be entered in a client's file deleted text begin weekly deleted text end new text begin at least every 28
calendar days new text end or after each treatment service, whichever is less frequent, by deleted text begin the staff member
providing the service deleted text end new text begin an alcohol and drug counselor new text end . The review must indicate the span of
time covered by the review and each of the six dimensions listed in section 245G.05,
subdivision 2, paragraph (c). The review must:

deleted text begin (1) indicate the date, type, and amount of each treatment service provided and the client's
response to each service;
deleted text end

deleted text begin (2) deleted text end new text begin (1) new text end address each goal in the treatment plan and whether the methods to address the
goals are effective;

deleted text begin (3) deleted text end new text begin (2) new text end include monitoring of any physical and mental health problems;

deleted text begin (4) deleted text end new text begin (3) new text end document the participation of others;

deleted text begin (5) deleted text end new text begin (4) new text end document staff recommendations for changes in the methods identified in the
treatment plan and whether the client agrees with the change; and

deleted text begin (6) deleted text end new text begin (5) new text end include a review and evaluation of the individual abuse prevention plan according
to section 245A.65.

deleted text begin (d) Each entry in a client's record must be accurate, legible, signed, and dated. A late
entry must be clearly labeled "late entry." A correction to an entry must be made in a way
in which the original entry can still be read.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 8.

Minnesota Statutes 2020, section 245G.07, is amended by adding a subdivision to
read:

new text begin Subd. 1a. new text end

new text begin Transition follow-up services. new text end

new text begin (a) A client that was discharged from a
treatment center may, pursuant to the client's request, receive individual transition follow-up
counseling services from the treatment center from which the client was discharged for up
to one year following the client's discharge. The transition follow-up services must be
designed to address the client's needs related to substance use, develop strategies to avoid
harmful substance use after discharge, and help the client obtain the services necessary to
establish or maintain a lifestyle free from the harmful effects of substance use disorder.
new text end

new text begin (b) A provider that provides transition follow-up counseling services under paragraph
(a) may bill for the services described in subdivision 1, paragraph (a), at the same rate as
for individual counseling sessions.
new text end

new text begin (c) In any given month, a client must not exceed four sessions of treatment services
under subdivision 1, paragraph (a).
new text end

new text begin (d) A provider must document in the client's file the services provided under this section.
The treatment provider need not open or reopen a treatment plan or document ongoing
progress notes in a treatment plan review as required by section 245G.06, subdivision 3.
new text end

new text begin (e) Prepaid medical assistance plans under section 256B.69 must allow members to
access this benefit at their discretion.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2023.
new text end

Sec. 9.

Minnesota Statutes 2020, section 245G.07, is amended by adding a subdivision to
read:

new text begin Subd. 2a. new text end

new text begin Transition support services. new text end

new text begin (a) The commissioner must offer transition
support services for six months to a person who:
new text end

new text begin (1) has completed a treatment program according to section 245G.14, subdivision 3,
that required 15 or more hours of treatment services per week; and
new text end

new text begin (2) receives medical assistance under chapter 256B or services from the behavioral
health fund under chapter 254.
new text end

new text begin (b) The transition support services must include:
new text end

new text begin (1) a $500 monthly voucher for recovery safe housing;
new text end

new text begin (2) $500 per month for food support unless the person is eligible for more, whichever
is greater;
new text end

new text begin (3) child care up to 20 hours per week unless the person is eligible for more, whichever
is greater; and
new text end

new text begin (4) transportation services to ensure attendance at group meetings and ability to look
for work and meet needs of daily living. Transportation services must include:
new text end

new text begin (i) for persons well-served by public transit, a monthly public transit pass; or
new text end

new text begin (ii) for persons who are not well-served by public transit or who have access to personal
transportation, a $120 gas card each month.
new text end

new text begin (c) The commissioner must maximize existing federal and state funding sources the
person is eligible for to implement this subdivision and may not count these benefits as
income for the purposes of qualifying for public assistance programs.
new text end

new text begin (d) These transition services are provided to eligible recipients for the full duration of
six months regardless of public assistance eligibility during the six month period of time.
new text end

Sec. 10.

Minnesota Statutes 2020, section 245G.12, is amended to read:

245G.12 PROVIDER POLICIES AND PROCEDURES.

A license holder must develop a written policies and procedures manual, indexed
according to section 245A.04, subdivision 14, paragraph (c), that provides staff members
immediate access to all policies and procedures and provides a client and other authorized
parties access to all policies and procedures. The manual must contain the following
materials:

(1) assessment and treatment planning policies, including screening for mental health
concerns and treatment objectives related to the client's identified mental health concerns
in the client's treatment plan;

(2) policies and procedures regarding HIV according to section 245A.19;

(3) the license holder's methods and resources to provide information on tuberculosis
and tuberculosis screening to each client and to report a known tuberculosis infection
according to section 144.4804;

(4) personnel policies according to section 245G.13;

(5) policies and procedures that protect a client's rights according to section 245G.15;

(6) a medical services plan according to section 245G.08;

(7) emergency procedures according to section 245G.16;

(8) policies and procedures for maintaining client records according to section 245G.09;

(9) procedures for reporting the maltreatment of minors according to chapter 260E, and
vulnerable adults according to sections 245A.65, 626.557, and 626.5572;

(10) a description of treatment services that: (i) includes the amount and type of services
provided; (ii) identifies which services meet the definition of group counseling under section
245G.01, subdivision 13a; deleted text begin and deleted text end (iii) new text begin identifies which groups and topics a guest speaker could
provide services under the direction of a licensed alcohol and drug counselor; and (iv)
new text end defines the program's treatment week;

(11) the methods used to achieve desired client outcomes;

(12) the hours of operation; and

(13) the target population served.