Minnesota Legislature
HF 4548
as introduced - 93rd Legislature (2023 - 2024) Posted on 03/11/2024 03:46pm
Bill Text Versions
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| Introduction | Posted on 03/01/2024 |
Current Version - as introduced
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A bill for an act
relating to behavioral health; modifying provisions related to the ombudsman for
mental health and developmental disabilities; prohibiting the classification of
recovery peers as independent contractors; amending Minnesota Statutes 2022,
sections 245.93, subdivision 2; 245.94, subdivision 2; 245.945; 245.95, subdivision
2; Minnesota Statutes 2023 Supplement, sections 245.91, subdivision 4; 245I.04,
subdivision 18; 254B.05, subdivision 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2023 Supplement, section 245.91, subdivision 4, is amended
to read:
Subd. 4.
Facility or program.
"Facility" or "program" means a nonresidential or
residential program as defined in section 245A.02, subdivisions 10 and 14, and any agency,
facility, or program that provides services or treatment for mental illness, developmental
disability, substance use disorder, or emotional disturbance that is required to be licensed,
certified, or registered by the commissioner of human services, health, or education; a sober
home as defined in section 254B.01, subdivision 11; new text begin peer recovery support services provided
by a recovery community organization as defined in section 254B.01, subdivision 8; new text end and
an acute care inpatient facility that provides services or treatment for mental illness,
developmental disability, substance use disorder, or emotional disturbance.
Sec. 2.
Minnesota Statutes 2022, section 245.93, subdivision 2, is amended to read:
Subd. 2.
Advocacy.
The function of deleted text begin mentaldeleted text end new text begin behavioralnew text end health and developmental
disability client advocacy in the Department of Human Services is transferred to the Office
of deleted text begin Ombudsmandeleted text end new text begin Ombudspersonnew text end according to section 15.039. The deleted text begin ombudsmandeleted text end new text begin ombudspersonnew text end
shall maintain at least one client advocate in each regional center.
Sec. 3.
Minnesota Statutes 2022, section 245.94, subdivision 2, is amended to read:
Subd. 2.
Matters appropriate for review.
(a) In selecting matters for review by the
office, the deleted text begin ombudsmandeleted text end new text begin ombudspersonnew text end shall give particular attention to unusual deaths or
injuries of a client or reports of emergency use of manual restraint as identified in section
245D.061, served by an agency, facility, or program, or actions of an agency, facility, or
program that:
(1) may be contrary to law or rule;
(2) may be unreasonable, unfair, oppressive, or inconsistent with a policy or order of an
agency, facility, or program;
(3) may be mistaken in law or arbitrary in the ascertainment of facts;
(4) may be unclear or inadequately explained, when reasons should have been revealed;
(5) may result in abuse or neglect of a person receiving treatment;
(6) may disregard the rights of a client or other individual served by an agency or facility;
(7) may impede or promote independence, community integration, and productivity for
clients; or
(8) may impede or improve the monitoring or evaluation of services provided to clients.
(b) The deleted text begin ombudsmandeleted text end new text begin ombudspersonnew text end shall, in selecting matters for review and in the
course of the review, avoid duplicating other investigations or regulatory efforts.
(c) The deleted text begin ombudsmandeleted text end new text begin ombudspersonnew text end shall give particular attention to the death or unusual
injury of any individual who is participating in a University of Minnesota Department of
Psychiatry clinical drug trial.
new text begin
(d) The ombudsperson shall review complaints regarding the quality of peer recovery
support services provided by a recovery community organization as defined in section
254B.01, subdivision 8; misclassification of recovery peers as independent contractors under
section 181.722; and the adequacy of peer recovery support services billing codes and
procedures.
new text end
Sec. 4.
Minnesota Statutes 2022, section 245.945, is amended to read:
245.945 REIMBURSEMENT TO deleted text begin OMBUDSMANdeleted text end new text begin OMBUDSPERSONnew text end FOR
deleted text begin MENTALdeleted text end new text begin BEHAVIORALnew text end HEALTH AND DEVELOPMENTAL DISABILITIES.
The commissioner shall obtain federal financial participation for eligible activity by the
deleted text begin ombudsmandeleted text end new text begin ombudspersonnew text end for deleted text begin mentaldeleted text end new text begin behavioralnew text end health and developmental disabilities.
The deleted text begin ombudsmandeleted text end new text begin ombudspersonnew text end shall maintain and transmit to the Department of Human
Services documentation that is necessary in order to obtain federal funds.
Sec. 5.
Minnesota Statutes 2022, section 245.95, subdivision 2, is amended to read:
Subd. 2.
General reports.
In addition to whatever conclusions or recommendations the
deleted text begin ombudsmandeleted text end new text begin ombudspersonnew text end may make to the governor on an ad hoc basis, the deleted text begin ombudsmandeleted text end new text begin
ombudspersonnew text end shall, at the end of each biennium, report to the governor concerning the
exercise of the deleted text begin ombudsman'sdeleted text end new text begin ombudsperson'snew text end functions during the preceding biennium.new text begin The
ombudsperson must include in the biennial report summary information on complaints
received regarding peer recovery support services provided by a recovery community
organization as defined in section 254B.01, and any recommendations to the legislature to
improve the quality of peer recovery support services, recovery peer worker misclassification,
and peer recovery support services billing codes and procedures.
new text end
Sec. 6.
Minnesota Statutes 2023 Supplement, section 245I.04, subdivision 18, is amended
to read:
Subd. 18.
Recovery peer qualifications.
(a) A recovery peer must:
(1) have a minimum of one year in recovery from substance use disorder; and
(2) hold a current credential from the Minnesota Certification Board, the Upper Midwest
Indian Council on Addictive Disorders, or the National Association for Alcoholism and
Drug Abuse Counselors that demonstrates skills and training in the domains of ethics and
boundaries, advocacy, mentoring and education, and recovery and wellness support.
(b) A recovery peer who receives a credential from a Tribal Nation when providing peer
recovery support services in a tribally licensed program satisfies the requirement in paragraph
(a), clause (2).
new text begin
(c) A recovery peer must not be classified as an independent contractor.
new text end
Sec. 7.
Minnesota Statutes 2023 Supplement, section 254B.05, subdivision 1, is amended
to read:
Subdivision 1.
Licensure required.
(a) Programs licensed by the commissioner are
eligible vendors. Hospitals may apply for and receive licenses to be eligible vendors,
notwithstanding the provisions of section 245A.03. American Indian programs that provide
substance use disorder treatment, extended care, transitional residence, or outpatient treatment
services, and are licensed by tribal government are eligible vendors.
(b) A licensed professional in private practice as defined in section 245G.01, subdivision
17, who meets the requirements of section 245G.11, subdivisions 1 and 4, is an eligible
vendor of a comprehensive assessment and assessment summary provided according to
section 245G.05, and treatment services provided according to sections 245G.06 and
245G.07, subdivision 1, paragraphs (a), clauses (1) to (5), and (b); and subdivision 2, clauses
(1) to (6).
(c) A county is an eligible vendor for a comprehensive assessment and assessment
summary when provided by an individual who meets the staffing credentials of section
245G.11, subdivisions 1 and 5, and completed according to the requirements of section
245G.05. A county is an eligible vendor of care coordination services when provided by an
individual who meets the staffing credentials of section 245G.11, subdivisions 1 and 7, and
provided according to the requirements of section 245G.07, subdivision 1, paragraph (a),
clause (5). A county is an eligible vendor of peer recovery services when the services are
provided by an individual who meets the requirements of section 245G.11, subdivision 8.
(d) A recovery community organization that meets the requirements of clauses (1) to
(10) and meets membership or accreditation requirements of the Association of Recovery
Community Organizations, the Council on Accreditation of Peer Recovery Support Services,
or a Minnesota statewide recovery community organization identified by the commissioner
is an eligible vendor of peer support services. Eligible vendors under this paragraph must:
(1) be nonprofit organizations;
(2) be led and governed by individuals in the recovery community, with more than 50
percent of the board of directors or advisory board members self-identifying as people in
personal recovery from substance use disorders;
(3) primarily focus on recovery from substance use disorders, with missions and visions
that support this primary focus;
(4) be grassroots and reflective of and engaged with the community served;
(5) be accountable to the recovery community through processes that promote the
involvement and engagement of, and consultation with, people in recovery and their families,
friends, and recovery allies;
(6) provide nonclinical peer recovery support services, including but not limited to
recovery support groups, recovery coaching, telephone recovery support, skill-building
groups, and harm-reduction activities;
(7) allow for and support opportunities for all paths toward recovery and refrain from
excluding anyone based on their chosen recovery path, which may include but is not limited
to harm reduction paths, faith-based paths, and nonfaith-based paths;
(8) be purposeful in meeting the diverse needs of Black, Indigenous, and people of color
communities, including board and staff development activities, organizational practices,
service offerings, advocacy efforts, and culturally informed outreach and service plans;
(9) be stewards of recovery-friendly language that is supportive of and promotes recovery
across diverse geographical and cultural contexts and reduces stigma; deleted text begin and
deleted text end
(10) maintain an employee and volunteer code of ethics and easily accessible grievance
procedures posted in physical spaces, on websites, or on program policies or formsdeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(11) not classify any recovery peer as an independent contractor.
new text end
(e) Recovery community organizations approved by the commissioner before June 30,
2023, shall retain their designation as recovery community organizations.
(f) A recovery community organization that is aggrieved by an accreditation or
membership determination and believes it meets the requirements under paragraph (d) may
appeal the determination under section 256.045, subdivision 3, paragraph (a), clause (15),
for reconsideration as an eligible vendor.
(g) Detoxification programs licensed under Minnesota Rules, parts 9530.6510 to
9530.6590, are not eligible vendors. Programs that are not licensed as a residential or
nonresidential substance use disorder treatment or withdrawal management program by the
commissioner or by tribal government or do not meet the requirements of subdivisions 1a
and 1b are not eligible vendors.
(h) Hospitals, federally qualified health centers, and rural health clinics are eligible
vendors of a comprehensive assessment when the comprehensive assessment is completed
according to section 245G.05 and by an individual who meets the criteria of an alcohol and
drug counselor according to section 245G.11, subdivision 5. The alcohol and drug counselor
must be individually enrolled with the commissioner and reported on the claim as the
individual who provided the service.
new text begin
(i) Any complaints about a recovery community organization or peer recovery support
services may be made to and reviewed or investigated by the ombudsperson for behavioral
health and developmental disabilities, pursuant to sections 245.91 and 245.94.
new text end
Sec. 8. new text begin REVISOR INSTRUCTION.
new text end
new text begin
(a) The revisor of statutes shall change the term "ombudsman" to "ombudsperson"
wherever it appears in Minnesota Statutes, sections 245.91 to 245.97.
new text end
new text begin
(b) The revisor of statutes shall change the term "ombudsman for mental health and
developmental disabilities" to "ombudsperson for behavioral health and developmental
disabilities" wherever it appears in the next edition of Minnesota Statutes and Minnesota
Rules and in the online publication.
new text end