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SF 1041 Senate Long Description

E Relating to human services ARTICLE 1 - CONTINUING CARE PROVISIONSModifying certain continuing care provisions; modifying the family +support program for children with mental retardation or related conditions, +expanding the program to families of children with disabilities, reducing the +age of dependents for support grants eligibility purposes, specifying +certain factors for consideration by counties in approving or denying grant +applications, eliminating certain grant limit and continuation requirements, +modifying certain county board responsibilities and repealing the individual +service plan development requirement; eliminating certain relocation targeted +case management providers medical assistance (MA) certification +requirements of the commissioner of human services and authorizing the providers to +subcontract for services; providing medical assistance coverage for physician +assistants providing medication education under adult rehabilitative mental +health services and modifying certain certification requirements for +rehabilitative mental health services provider entities, the provider staff +qualification requirement relating to fluency in a non-English language and certain+ clinical supervision and diagnostic assessment requirements for coverage +purposes; requiring the commissioner to seek federal approval to implement a +medical assistance demonstration project to provide culturally specific +pharmaceutical care to American Indian recipients over a certain age, defining +pharmaceutical care; providing medical assistance coverage for personal care +assistant services of licensed social workers, modifying the definition of +responsible party for coverage purposes, eliminating coverage for certain +services provided by relatives and modifying certain requirements for flexible use of +personal care assistant hours; extending the deadline for face to face nursing+ facility admission assessments of individuals under a certain age admitted by +telephone screening or on an emergency basis; authorizing the commissioner and +the White Earth Indian reservation to develop a model for tribal management of +the elderly waiver program and to implement the model through a contract +between the state and the reservation, specifying certain model content +requirements, prohibiting the inclusion of tribal financial eligibility +determination for medical assistance; authorizing nursing facilities to meet the +requirement for advance notice of rate changes by informing the residents or persons responsible for payments on or before the effective date of the +increase of rate nondetermination under certain conditions relating to failure of+ the state to set rates by the required deadline, authorizing rate increases by +the facilities in anticipation of the amount to be allowed, requiring +repayment of private pay residents with interest of excess amounts collected; +requiring the commissioner to temporarily exempt managed care plans contracted +under the medical assistance prepayment demonstration project or MinnesotaCare +after a certain date from the requirement to withhold a certain percentage of+ plan payments pending completion of performance targets ARTICLE 2 � DEPARTMENT OF HUMAN SERVICES MISCELLANEOUSRequiring the commissioner of human services to obtain federal +financial participation for reimbursement to the ombudspersons for mental +health and mental retardation and for families; exempting treatment facilities +holding persons under civil commitment emergency admission for detoxification+ from release notice requirements upon determination of the nonintoxicated +status of the persons held, requiring notice to the peace or health officer +transporting to person to the facility upon request; requiring the commissioner to+ apply for a federal waiver to allow licensed adult foster care homes to provide residential services for a certain number of individuals with mental retardation or related conditions; requiring county contracts for +mental health case management services for medical assistance (MA) coverage +purposes and specifying a certain minimum client contact requirement; providing +for adoption assistance reimbursement to tribal social services agencies; +requiring the commissioner to seek federal funding to participate in a +demonstration grant under the federal ticket to work and work incentives improvement act +of 1999 to offer health care coverage to workers with physical or mental +impairments to assist the workers in maintaining independence and employment and to +develop a plan to secure medical assistance funding for mental health related +services provided in out of home placement settings, specifying certain plan +content requirements and requiring provision of treatment foster care +services by licensed child placing agencies and a commissioner report to the +legislature by a certain date ARTICLE 3 � CHILDREN'S MENTAL HEALTHRequiring and providing for county boards to provide mental health +screening of certain children receiving certain protective or court services, +exceptions; authorizing the court to consider the results of the screenings in +dispositions ARTICLE 4 � DEPARTMENT OF HUMAN SERVICES LICENSINGClarifying the requirement for the commissioner of human services to +identify and implement alternative methods of licensing regulation and +enforcement relating to compliance with standards of other states or federal +standards and requiring the commissioner to continue to investigate complaints +relating to noncompliance with licensing standards upon acceptance of +accreditation as documentation of compliance; authorizing county agency fees for +evaluating applications for and inspecting licensed family and group family +child care programs, limit; authorizing the commissioner to grant variances to +allow for alternative methods of overnight supervision in adult foster care +homes under certain conditions; providing for the continuity of care of persons +with mental retardation upon a change of service and modifying and expanding +certain risk management plan requirements; eliminating the requirement for license+ holders to provide periodic progress review reports to consumers under public guardianship; specifying certain annual training requirements of +certain direct service staff; expanding certain revised policies and procedures +notice requirements of license holders ARTICLE 5 � REDUCTION OF DUPLICATIVE HEALTH AND HUMAN SERVICES +LICENSING ACTIVITIESExpanding background studies requirements to individuals providing +direct contact services to patients or residents of intermediate care +facilities for persons with mental retardation or related conditions certified by +the commissioner of health; changing the term supervised living facility +to board and lodge facility under the authority of the commissioner to license facilities as residential programs for chemically dependent +individuals; specifying certain requirements for the licensure of ICF/MRs relating+ to certification, consumer health service needs, incident reporting, +progress reviews, residents leaving the residence for education, employment or+ community activities participation purposes, consumer data file maintenance, +records retention and access, staff orientation and training, development and implementation of certain policies and procedures and the safekeeping+ of consumer funds; modifying the definition of residential program for +human services licensing purposes relating to ICF/MRs; providing for the +jurisdiction of the commissioners of human services and health over the licensing +of ICF/MRs and certain residential programs for licensing activities duplication+ reduction purposes, removing ICF/MRs from certain human services licensing +requirements; specifying certain additional licensing standards for certain +residential programs and mental health and chemical dependency treatment +programs; repealing certain rules regulating the licensing of certain +supervised living facilities boarding care homes, hospitals and rehabilitation programs ARTICLE 6 � CORRECTIONSAuthorizing the commissioner of corrections to continue and the court+ to order supervised release terms for certain shorter term inmates or +offenders with serious and persistent mental illness under certain inmate or +offender supervised alternative living program with a mental health treatment +component successful completion conditions, requiring the commissioner to +cooperate with nonprofit entities to establish supervised alternative living +programs for offenders with serious and persistent mental illness and specifying +certain program requirements and certain conditions for commissioner of human+ services approval of licenses for the programs, providing for financing of +the programs through the housing finance agency (HFA) ARTICLE 7 � PROHIBITED TRANSFERS; LIENS; ESTATE CLAIMS Clarifying and strengthening certain provisions prohibiting asset and+ income transfers for medical assistance (MA) eligibility purposes and +modifying the period of eligibility for uncompensated transfers and the homestead +and certain other exemptions, specifying certain federal approval requirements; establishing a policy for and providing for the applicability of the +provision allowing claims against estates for medical assistance costs and +expanding the provision to the alternative care program, providing for the filing+ of notices of potential claims against estates by state agencies, notice+ to constitute a lien against certain estate property, providing for +claims against estates of specific persons receiving medical assistance and of +persons or decedents receiving medical assistance and survived by others, +providing for the placement of liens for medical assistance on life estates and +joint tenancies and for alternative care liens on real property; +coordinating the provisions with the classification of creditors claims under the +uniform probate code ARTICLE 8 � PROGRAMS AND FUNDING TRANSFERRED FROM THE DEPARTMENT OF +CHILDREN, FAMILIES AND LEARNINGModifying certain child care assistance program provisions; +regulating payments to legal nonlicensed family child care providers; modifying the +parent fee schedule; repealing the at home infant child care program ARTICLE 9 � FAMILY AND EARLY CHILDHOODModifying certain definitions for child care assistance eligibility +purposes; eliminating the authority of county and human services boards to +establish policies for payment of child care spaces for absent children; +extending the time limit for application to the new county of residence for +eligibility for portable basic sliding fee assistance after moving; requiring members+ of transition year families under the Minnesota family investment +program to meet certain employment and training assistance eligibility requirements +for MFIP child care assistance program eligibility purposes; modifying certain+ county child care fund plan requirements; requiring the calculation and +collection of assistance overpayments and assessment of the parent fee on a service+ period basis; requiring county authorization of providers for payment +eligibility purposes, authorizing denial or rescission for unsafe care or for +noncompliance with certain specified recordkeeping requirements; modifying the +provision regulating payments to providers; specifying certain child care +resource and referral programs child care and community programs coordination and +planning requirements; expanding child care services grants statewide advisory+ task force group representation requirements; including child care +assistance programs under certain requirements relating to wrongfully obtaining +assistance (welfare fraud) and overpayments as judgments; repealing the +requirement for the commissioner of human services to annually report to the +legislature on child care assistance programs ARTICLE 10 � HEALTH CARE Modifying certain provisions relating to health care; requiring the commissioner of human services to use physician clinic rates to +maximize federal financial participation in payments for medical education and+ research costs, providing for allocation of resulting increases in +intergovernmental transfers and payments; requiring the commissioner to evaluate the effectiveness of participation in a multistate preferred drug list +and supplemental rebate program in reducing costs or improving operations+ of the medical assistance (MA) program, authorizing a participation +contract; reducing the family income limit for child medical assistance eligibility +purposes; modifying the responsibilities of the drug formulary committee and +certain provisions authorizing and providing for the commissioner to require +prior authorization for formulary drugs payment eligibility purposes; +further restricting medical assistance payments for special transportation +services and establishing the payment rates; requiring the commissioner of human +services in consultation with the commissioner of health to biennially establish +a list of diagnosis/treatment pairing ineligible for reimbursement under the +medical assistance, general assistance medical care or MinnesotaCare +programs, specifying certain factors to be considered in making additions to or+ deletions from the list for the previous biennium, authorizing appointment of +an ad hoc advisory panel for recommendations purposes; reducing the family +income limit for child MinnesotaCare eligibility purposes and exempting children +in families with slightly higher incomes and with access to employer subsidized +health coverage from the eligibility prohibition for access to the coverage +under certain conditions, requiring a parental contribution; removing +payments received under the medical assistance GAMC or MinnesotaCare programs +from health care provider tax exemptions; temporarily prohibiting coverage+ under the GAMC and MinnesotaCare programs for certain diagnosis/treatment +pairings for single adults and households without children and requiring prior +authorization of the pairings for reimbursement under the medical assistance and MinnesotaCare programs for families with children, requiring federal +approval to eliminate medical assistance coverage for the pairings; requiring +the commissioner in consultation with the commissioner of transportation +(DOT) and special transportation service providers to review eligibility +criteria for medical assistance special transportation services and to evaluate +the effectiveness of basing the level of services on the degree of client impairment and to report to the legislature with recommendations for +changes in eligibility criteria by a certain date (mk, ja)