1.1                          A bill for an act 
  1.2             relating to human services; modifying consent 
  1.3             requirements for billing medical assistance and 
  1.4             MinnesotaCare for covered individual education plan 
  1.5             services; amending Minnesota Statutes 2000, section 
  1.6             125A.21, subdivision 2. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2000, section 125A.21, 
  1.9   subdivision 2, is amended to read: 
  1.10     Subd. 2.  [THIRD PARTY REIMBURSEMENT.] (a) Beginning July 
  1.11  1, 2000, districts shall seek reimbursement from insurers and 
  1.12  similar third parties for the cost of services provided by the 
  1.13  district whenever the services provided by the district are 
  1.14  otherwise covered by the child's health coverage.  Districts 
  1.15  shall request, but may not require, the child's family to 
  1.16  provide information about the child's health coverage when a 
  1.17  child with a disability begins to receive services from the 
  1.18  district of a type that may be reimbursable, and shall request, 
  1.19  but may not require, updated information after that as needed.  
  1.20     (b) For children eligible for medical assistance under 
  1.21  chapter 256B or MinnesotaCare under chapter 256L who have no 
  1.22  other health coverage, a district shall provide an initial 
  1.23  written notice to the enrolled child's parent or legal 
  1.24  representative of its intent to seek reimbursement from medical 
  1.25  assistance or MinnesotaCare for the individual education plan 
  1.26  health-related services provided by the district. 
  2.1      (c) The district shall give the parent or legal 
  2.2   representative annual written notice of: 
  2.3      (1) the district's intent to seek reimbursement from 
  2.4   medical assistance or MinnesotaCare for individual education 
  2.5   plan health-related services provided by the district; 
  2.6      (2) the right of the parent or legal representative to 
  2.7   request a copy of all records concerning individual education 
  2.8   plan health-related services disclosed by the district to any 
  2.9   third party; and 
  2.10     (3) the right of the parent or legal representative to 
  2.11  withdraw consent for disclosure of a child's records at any time 
  2.12  without consequence. 
  2.13  The written notice shall be provided as part of the written 
  2.14  notice required by Code of Federal Regulations, title 34, 
  2.15  section 300.503. 
  2.16     ~~Districts shall request, but may not require, the child's~~ 
  2.17  ~~parent or legal representative to sign a consent form,~~ 
  2.18  ~~permitting the school district to apply for and receive~~ 
  2.19  ~~reimbursement directly from the insurer or other similar third~~ 
  2.20  ~~party, to the extent permitted by the insurer or other third~~ 
  2.21  ~~party and subject to their networking credentialing, prior~~ 
  2.22  ~~authorization, and determination of medical necessity criteria.~~ 
  2.23     (d) In order to access the private health care coverage of 
  2.24  a child who is covered by private health care coverage in whole 
  2.25  or in part, a district must: 
  2.26     (1) obtain annual written informed consent from the parent 
  2.27  or legal representative, in compliance with subdivision 5; and 
  2.28     (2) inform the parent or legal representative that a 
  2.29  refusal to permit the district or state Medicaid agency to 
  2.30  access their private health care coverage does not relieve the 
  2.31  district of its responsibility to provide all services necessary 
  2.32  to provide free and appropriate public education at no cost to 
  2.33  the parent or legal representative. 
  2.34     (e) If the commissioner of human services obtains federal 
  2.35  approval to exempt covered individual education plan 
  2.36  health-related services from the requirement that private health 
  3.1   care coverage refuse payment before medical assistance may be 
  3.2   billed, paragraphs (b), (c), and (d), shall also apply to 
  3.3   students with a combination of private health care coverage and 
  3.4   health care coverage through medical assistance or MinnesotaCare.
  3.5      (f) In the event that Congress or any federal agency or the 
  3.6   Minnesota legislature or any state agency establishes lifetime 
  3.7   limits, limits for any health care services, cost-sharing 
  3.8   provisions, or otherwise provides that individual education plan 
  3.9   health-related services impact benefits for persons enrolled in 
  3.10  medical assistance or MinnesotaCare, the amendments to this 
  3.11  subdivision adopted in 2002 are repealed on the effective date 
  3.12  of any federal or state law or regulation that imposes the 
  3.13  limits.  In that event, districts must obtain informed consent 
  3.14  consistent with this subdivision as it existed prior to the 2002 
  3.15  amendments and subdivision 5, before seeking reimbursement for 
  3.16  children eligible for medical assistance under chapter 256B or 
  3.17  MinnesotaCare under chapter 256L who have no other health care 
  3.18  coverage.