HF 196

2nd Committee Engrossment - 85th Legislature (2007 - 2008)

Posted on 12/22/2009 12:37 p.m.

1.1A bill for an act 1.2relating to human services; changing mental health provisions; requiring mental 1.3health screening for certain inmates; establishing children's mental health 1.4grants and training; requiring students of higher education to carry health 1.5insurance; creating a loan forgiveness program; creating crisis intervention 1.6team grants; making changes to mental health funding provisions; modifying 1.7medical assistance covered services; increasing provider reimbursement 1.8rates; establishing pilot projects and work groups; authorizing grant funding; 1.9requiring reports; appropriating money;amending Minnesota Statutes 2006, 1.10sections 245.462, subdivision 20; 245.50, subdivision 5; 256B.038; 256B.0622, 1.11subdivision 2; 256B.0623, subdivisions 2, 5, 8, 12; 256B.0625, subdivisions 1.1238, 43, 46, by adding subdivisions; 256B.0943, subdivisions 1, 2, by adding 1.13subdivisions; 256B.69, subdivisions 5g, 5h; 256B.763; 256D.03, subdivisions 1.143, 4; 256D.44, subdivision 5; 256L.03, subdivisions 1, 5; 256L.035; 256L.07, 1.15subdivision 3; 256L.12, subdivision 9a; 641.15, by adding a subdivision; 1.16proposing coding for new law in Minnesota Statutes, chapters 135A; 144; 245; 1.17245A; 256; 256B; 626; 641. 1.18BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.19ARTICLE 1 1.20CRIMINAL JUSTICE 1.21    Section 1. Minnesota Statutes 2006, section 256D.03, subdivision 3, is amended to 1.22read: 1.23    Subd. 3. General assistance medical care; eligibility. (a) General assistance 1.24medical care may be paid for any person who is not eligible for medical assistance under 1.25chapter 256B, including eligibility for medical assistance based on a spenddown of excess 1.26income according to section 256B.056, subdivision 5, or MinnesotaCare as defined in 1.27paragraph (b), except as provided in paragraph (c), and: 2.1    (1) who is receiving assistance under section 256D.05, except for families with 2.2children who are eligible under Minnesota family investment program (MFIP), or who is 2.3having a payment made on the person's behalf under sections 256I.01 to 256I.06; or 2.4    (2) who is a resident of Minnesota; and 2.5    (i) who has gross countable income not in excess of 75 percent of the federal poverty 2.6guidelines for the family size, using a six-month budget period and whose equity in assets 2.7is not in excess of $1,000 per assistance unit. General assistance medical care is not 2.8available for applicants or enrollees who are otherwise eligible for medical assistance but 2.9fail to verify their assets. Enrollees who become eligible for medical assistance shall be 2.10terminated and transferred to medical assistance. Exempt assets, the reduction of excess 2.11assets, and the waiver of excess assets must conform to the medical assistance program in 2.12section 256B.056, subdivision 3, with the following exception: the maximum amount of 2.13undistributed funds in a trust that could be distributed to or on behalf of the beneficiary by 2.14the trustee, assuming the full exercise of the trustee's discretion under the terms of the 2.15trust, must be applied toward the asset maximum; 2.16    (ii) who has gross countable income above 75 percent of the federal poverty 2.17guidelines but not in excess of 175 percent of the federal poverty guidelines for the 2.18family size, using a six-month budget period, whose equity in assets is not in excess 2.19of the limits in section 256B.056, subdivision 3c, and who applies during an inpatient 2.20hospitalization; or 2.21    (iii) the commissioner shall adjust the income standards under this section each July 2.221 by the annual update of the federal poverty guidelines following publication by the 2.23United States Department of Health and Human Services. 2.24    (b) Effective for applications and renewals processed on or after September 1, 2006, 2.25general assistance medical care may not be paid for applicants or recipients who are adults 2.26with dependent children under 21 whose gross family income is equal to or less than 275 2.27percent of the federal poverty guidelines who are not described in paragraph (e). 2.28    (c) Effective for applications and renewals processed on or after September 1, 2006, 2.29general assistance medical care may be paid for applicants and recipients who meet all 2.30eligibility requirements of paragraph (a), clause (2), item (i), for a temporary period 2.31beginning the date of application. Immediately following approval of general assistance 2.32medical care, enrollees shall be enrolled in MinnesotaCare under section 256L.04, 2.33subdivision 7 , with covered services as provided in section 256L.03 for the rest of the 2.34six-month eligibility period, until their six-month renewal. 3.1    (d) To be eligible for general assistance medical care following enrollment in 3.2MinnesotaCare as required by paragraph (c), an individual must complete a new 3.3application. 3.4    (e) Applicants and recipients eligible under paragraph (a), clause (1); who have 3.5applied for and are awaiting a determination of blindness or disability by the state medical 3.6review team or a determination of eligibility for Supplemental Security Income or Social 3.7Security Disability Insurance by the Social Security Administration; who fail to meet the 3.8requirements of section 256L.09, subdivision 2; who are classified as end-stage renal 3.9disease beneficiaries in the Medicare program; who are enrolled in private health care 3.10coverage as defined in section 256B.02, subdivision 9; who are eligible under paragraph 3.11(j); or who receive treatment funded pursuant to section 254B.02 are exempt from the 3.12MinnesotaCare enrollment requirements of this subdivision. 3.13    (f) For applications received on or after October 1, 2003, eligibility may begin no 3.14earlier than the date of application. For individuals eligible under paragraph (a), clause 3.15(2), item (i), a redetermination of eligibility must occur every 12 months. Individuals are 3.16eligible under paragraph (a), clause (2), item (ii), only during inpatient hospitalization but 3.17may reapply if there is a subsequent period of inpatient hospitalization. 3.18    (g) Beginning September 1, 2006, Minnesota health care program applications and 3.19renewals completed by recipients and applicants who are persons described in paragraph 3.20(c) and submitted to the county agency shall be determined for MinnesotaCare eligibility 3.21by the county agency. If all other eligibility requirements of this subdivision are met, 3.22eligibility for general assistance medical care shall be available in any month during which 3.23MinnesotaCare enrollment is pending. Upon notification of eligibility for MinnesotaCare, 3.24notice of termination for eligibility for general assistance medical care shall be sent to 3.25an applicant or recipient. If all other eligibility requirements of this subdivision are 3.26met, eligibility for general assistance medical care shall be available until enrollment in 3.27MinnesotaCare subject to the provisions of paragraphs (c), (e), and (f). 3.28    (h) The date of an initial Minnesota health care program application necessary to 3.29begin a determination of eligibility shall be the date the applicant has provided a name, 3.30address, and Social Security number, signed and dated, to the county agency or the 3.31Department of Human Services. If the applicant is unable to provide a name, address, 3.32Social Security number, and signature when health care is delivered due to a medical 3.33condition or disability, a health care provider may act on an applicant's behalf to establish 3.34the date of an initial Minnesota health care program application by providing the county 3.35agency or Department of Human Services with provider identification and a temporary 3.36unique identifier for the applicant. The applicant must complete the remainder of the 4.1application and provide necessary verification before eligibility can be determined. The 4.2county agency must assist the applicant in obtaining verification if necessary. 4.3    (i) County agencies are authorized to use all automated databases containing 4.4information regarding recipients' or applicants' income in order to determine eligibility for 4.5general assistance medical care or MinnesotaCare. Such use shall be considered sufficient 4.6in order to determine eligibility and premium payments by the county agency. 4.7    (j) General assistance medical care is not available for a person in a correctional 4.8facility unless the person is detained by law for less than one year in a county correctional 4.9or detention facility as a person accused or convicted of a crime, or admitted as an 4.10inpatient to a hospital on a criminal hold order, and the person is a recipient of general 4.11assistance medical care at the time the person is detained by law or admitted on a criminal 4.12hold order and as long as the person continues to meet other eligibility requirements 4.13of this subdivision. 4.14    (k) General assistance medical care is not available for applicants or recipients who 4.15do not cooperate with the county agency to meet the requirements of medical assistance. 4.16    (l) In determining the amount of assets of an individual eligible under paragraph 4.17(a), clause (2), item (i), there shall be included any asset or interest in an asset, including 4.18an asset excluded under paragraph (a), that was given away, sold, or disposed of for 4.19less than fair market value within the 60 months preceding application for general 4.20assistance medical care or during the period of eligibility. Any transfer described in this 4.21paragraph shall be presumed to have been for the purpose of establishing eligibility for 4.22general assistance medical care, unless the individual furnishes convincing evidence to 4.23establish that the transaction was exclusively for another purpose. For purposes of this 4.24paragraph, the value of the asset or interest shall be the fair market value at the time it 4.25was given away, sold, or disposed of, less the amount of compensation received. For any 4.26uncompensated transfer, the number of months of ineligibility, including partial months, 4.27shall be calculated by dividing the uncompensated transfer amount by the average monthly 4.28per person payment made by the medical assistance program to skilled nursing facilities 4.29for the previous calendar year. The individual shall remain ineligible until this fixed period 4.30has expired. The period of ineligibility may exceed 30 months, and a reapplication for 4.31benefits after 30 months from the date of the transfer shall not result in eligibility unless 4.32and until the period of ineligibility has expired. The period of ineligibility begins in the 4.33month the transfer was reported to the county agency, or if the transfer was not reported, 4.34the month in which the county agency discovered the transfer, whichever comes first. For 4.35applicants, the period of ineligibility begins on the date of the first approved application. 5.1    (m) When determining eligibility for any state benefits under this subdivision, 5.2the income and resources of all noncitizens shall be deemed to include their sponsor's 5.3income and resources as defined in the Personal Responsibility and Work Opportunity 5.4Reconciliation Act of 1996, title IV, Public Law 104-193, sections 421 and 422, and 5.5subsequently set out in federal rules. 5.6    (n) Undocumented noncitizens and nonimmigrants are ineligible for general 5.7assistance medical care. For purposes of this subdivision, a nonimmigrant is an individual 5.8in one or more of the classes listed in United States Code, title 8, section 1101(a)(15), and 5.9an undocumented noncitizen is an individual who resides in the United States without the 5.10approval or acquiescence of the Immigration and Naturalization Service. 5.11    (o) Notwithstanding any other provision of law, a noncitizen who is ineligible for 5.12medical assistance due to the deeming of a sponsor's income and resources, is ineligible 5.13for general assistance medical care. 5.14    (p) Effective July 1, 2003, general assistance medical care emergency services end. 5.15     new text begin (q) Effective July 1, 2007, individuals in a correctional facility who have been new text end 5.16 new text begin diagnosed with a mental illness as defined in section 245.462, subdivision 20, are new text end 5.17 new text begin eligible for general assistance medical care for three months from the date of release new text end 5.18 new text begin from confinement. new text end 5.19    Sec. 2. Minnesota Statutes 2006, section 641.15, is amended by adding a subdivision 5.20to read: 5.21     new text begin Subd. 3a. new text end new text begin Intake procedure; approved mental health screening. new text end new text begin As part of its new text end 5.22 new text begin intake procedure for new prisoners, the sheriff shall use a mental health screening tool new text end 5.23 new text begin approved by the commissioner of corrections in consultation with the commissioner of new text end 5.24 new text begin human services to identify persons who may have mental illness. new text end 5.25    Sec. 3. new text begin [641.156] COUNTY JAIL REENTRY PROJECTS; GRANTS. new text end 5.26     new text begin Subdivision 1. new text end new text begin Purpose. new text end new text begin The purpose of the reentry project is to promote public new text end 5.27 new text begin safety, prevent recidivism, and promote a successful reintegration into the community new text end 5.28 new text begin by providing services to individuals confined in jails and county regional jails who are new text end 5.29 new text begin identified as having mental illness, traumatic brain injury, chemical dependency, or being new text end 5.30 new text begin homeless. new text end 5.31     new text begin Subd. 2. new text end new text begin Grants. new text end new text begin (a) The commissioner of corrections, in consultation with the new text end 5.32 new text begin commissioner of human services, shall award grants to county boards for two-year reentry new text end 5.33 new text begin pilot projects. At a minimum, one project must be located outside the seven-county new text end 6.1 new text begin metropolitan area. Projects will target prisoners in jails and county regional jails who new text end 6.2 new text begin are identified as having: new text end 6.3     new text begin (1) a mental illness, as defined in section 245.462, subdivision 20; new text end 6.4     new text begin (2) a traumatic brain injury, as defined in section 256B.093, subdivision 4; new text end 6.5     new text begin (3) chemical dependency, as defined in section 253B.02, subdivision 2; or new text end 6.6     new text begin (4) a history of homelessness, as defined in section 116L.361, subdivision 5. new text end 6.7     new text begin (b) The projects shall provide a range of services including, but not limited to, new text end 6.8 new text begin screening and assessment, client-specific programming, discharge planning and reentry new text end 6.9 new text begin assistance, and follow-up for at least six months after the prisoner has reentered the new text end 6.10 new text begin community. new text end 6.11     new text begin Subd. 3. new text end new text begin Applications. new text end new text begin A grant applicant shall prepare and submit to the new text end 6.12 new text begin commissioner of corrections a written proposal detailing the plan and strategies on how new text end 6.13 new text begin the applicant will implement the program components in subdivision 4. The application new text end 6.14 new text begin shall include a proposed evaluation component of outcome measures including, but not new text end 6.15 new text begin limited to, numbers of prisoners served, recidivism, restoration of public benefits, and new text end 6.16 new text begin status regarding housing, employment, and treatment needs after six months. new text end 6.17     new text begin Subd. 4. new text end new text begin Program components. new text end new text begin Each participating county shall: new text end 6.18     new text begin (a) develop a written collaborative plan between the county jail or county regional new text end 6.19 new text begin jail and the county social services agency; new text end 6.20     new text begin (b) assess each prisoner upon entry into the jail or county regional jail using a new text end 6.21 new text begin screening tool approved by the commissioner of corrections in consultation with the new text end 6.22 new text begin commissioner of human services to identify prisoners with the characteristics listed in new text end 6.23 new text begin subdivision 2, paragraph (a); new text end 6.24     new text begin (c) ensure prisoners who are identified with a positive screening and who will be new text end 6.25 new text begin incarcerated for less than 30 days are offered follow-up care and referred to appropriate new text end 6.26 new text begin professionals; new text end 6.27     new text begin (d) ensure prisoners who are identified as having a characteristic listed in subdivision new text end 6.28 new text begin 2, paragraph (a), and who will be incarcerated 30 days or longer, are provided with new text end 6.29 new text begin appropriate treatment and programming including, but not limited to, mental health new text end 6.30 new text begin treatment, counseling, living and employment skills development, substance abuse new text end 6.31 new text begin treatment, GED and literacy training, and referrals to aftercare treatment and skills training; new text end 6.32     new text begin (e) offer to develop a discharge plan for prisoners identified as having a characteristic new text end 6.33 new text begin listed in subdivision 2, paragraph (a), who will be incarcerated for 90 days or longer. new text end 6.34 new text begin Discharge planning components must include: new text end 6.35     new text begin (1) at least 60 days prior to the prisoner's release, the person responsible for discharge new text end 6.36 new text begin planning authorized by this section shall begin assisting the prisoner to establish, or new text end 7.1 new text begin reestablish, benefits such as medical assistance, veterans' benefits, MinnesotaCare, general new text end 7.2 new text begin assistance medical care, Social Security insurance, housing assistance, and submitting in new text end 7.3 new text begin a timely manner a prisoner's application for any benefits for which the prisoner may new text end 7.4 new text begin be eligible upon release; new text end 7.5     new text begin (2) obtaining informed consent and releases of information from the prisoner that new text end 7.6 new text begin are needed for transition services, identifying treatment needs, referring the prisoner new text end 7.7 new text begin to appropriate services in the community, and arranging for basic needs such as food, new text end 7.8 new text begin housing, transportation, employment, and GED services; new text end 7.9     new text begin (3) securing appointments for a prisoner to be treated by a psychiatrist within 30 new text end 7.10 new text begin days of release, if appropriate; new text end 7.11     new text begin (4) securing appointments for a prisoner with a community mental health provider new text end 7.12 new text begin and a chemical dependency provider within 30 days of release, if appropriate; new text end 7.13     new text begin (5) ensuring that the prisoner, when released from custody, has at least a 14-day new text end 7.14 new text begin supply of all necessary medications, and a prescription for at least a 30-day supply of all new text end 7.15 new text begin necessary medication that can be refilled once for an additional 30-day supply; new text end 7.16     new text begin (6) arranging for the prisoner to have a state photo identification card when released. new text end 7.17 new text begin The identification card must not disclose the prisoner's incarceration or criminal record new text end 7.18 new text begin and must list an address other than the address of the jail or county regional jail. The new text end 7.19 new text begin identification card expires on the date of birth of the holder four years after the date of new text end 7.20 new text begin issue; and new text end 7.21     new text begin (7) identifying prisoners who had a case manager prior to incarceration, and new text end 7.22 new text begin maintaining contact with that case manager to provide service coordination for the new text end 7.23 new text begin prisoner upon release. For prisoners without a case manager, making appropriate referrals new text end 7.24 new text begin for case management services or offering to provide follow-up services to assist the new text end 7.25 new text begin prisoner in obtaining stable housing, public benefits, and community services for up to new text end 7.26 new text begin six months after release; new text end 7.27     new text begin (f) recording the number of prisoners identified under subdivision 2, paragraph (a), new text end 7.28 new text begin and the number of prisoners who received federal benefits upon entry into the jail or new text end 7.29 new text begin county regional jail; and new text end 7.30     new text begin (g) maintaining accurate records to complete the program evaluation. new text end 7.31    Sec. 4. new text begin DISCIPLINARY CONFINEMENT; PROTOCOL. new text end 7.32     new text begin The commissioner of corrections shall develop a protocol that is fair, firm, and new text end 7.33 new text begin consistent so that inmates have an opportunity to be released from disciplinary confinement new text end 7.34 new text begin in a timely manner. For those inmates in disciplinary confinement who are nearing their new text end 7.35 new text begin release date, the commissioner of corrections shall, when possible, develop a reentry plan. new text end 8.1    Sec. 5. new text begin APPROPRIATIONS. new text end 8.2     new text begin Subdivision 1. new text end new text begin Grant program. new text end new text begin $....... is appropriated from the general fund to new text end 8.3 new text begin the commissioner of corrections for fiscal year 2008 and $....... for fiscal year 2009 to new text end 8.4 new text begin administer the grant program established in section 3. new text end 8.5     new text begin Subd. 2. new text end new text begin Discharge planning. new text end new text begin $....... is appropriated from the general fund to new text end 8.6 new text begin the commissioner of human services for fiscal year 2008 to fund discharge planning for new text end 8.7 new text begin offenders with serious and persistent mental illness as defined in Minnesota Statutes, new text end 8.8 new text begin section 245.462, subdivision 20, paragraph (c), who are pending release from correctional new text end 8.9 new text begin facilities. new text end 8.10     new text begin Subd. 3. new text end new text begin Mental health courts. new text end new text begin $....... for fiscal year 2008 and $....... for fiscal new text end 8.11 new text begin year 2009 are appropriated from the general fund to the Supreme Court to develop and new text end 8.12 new text begin implement standards for mental health courts. new text end 8.13ARTICLE 2 8.14CHILDREN'S MENTAL HEALTH 8.15    Section 1. new text begin [245.4889] CHILDREN'S MENTAL HEALTH GRANTS. new text end 8.16     new text begin Subdivision 1. new text end new text begin Establishment and authority. new text end new text begin (a) The commissioner is authorized new text end 8.17 new text begin to make grants from available appropriations to assist: new text end 8.18     new text begin (1) counties; new text end 8.19     new text begin (2) Indian tribes; new text end 8.20     new text begin (3) children's collaboratives under section 124D.23 or 245.493; or new text end 8.21     new text begin (4) mental health service providers new text end 8.22 new text begin in providing services to children with emotional disturbances as defined in section new text end 8.23 new text begin 245.4871, subdivision 15, and their families. The commissioner may also authorize grants new text end 8.24 new text begin to assist young adults meeting the criteria for transition services in section 245.4875, new text end 8.25 new text begin subdivision 8, and their families. new text end 8.26     new text begin (b) Services under paragraph (a) must be designed to help each child to function and new text end 8.27 new text begin remain with the child's family in the community and must be delivered consistent with the new text end 8.28 new text begin child's treatment plan. Transition services under paragraph (a) to eligible young adults new text end 8.29 new text begin must be designed to foster independent living in the community. new text end 8.30     new text begin Subd. 2. new text end new text begin Grant application and reporting requirements. new text end new text begin To apply for a grant an new text end 8.31 new text begin applicant organization shall submit an application and budget for the use of the money new text end 8.32 new text begin in the form specified by the commissioner. The commissioner shall make grants only to new text end 8.33 new text begin entities whose applications and budgets are approved by the commissioner. In awarding new text end 9.1 new text begin grants, the commissioner shall give priority to those counties whose applications indicate new text end 9.2 new text begin plans to collaborate in the development, funding, and delivery of services with other new text end 9.3 new text begin agencies in the local system of care. The commissioner shall specify requirements for new text end 9.4 new text begin reports, including quarterly fiscal reports under section 256.01, subdivision 2, paragraph new text end 9.5 new text begin (q). The commissioner shall require collection of data and periodic reports that the new text end 9.6 new text begin commissioner deems necessary to demonstrate the effectiveness of each service. new text end 9.7    Sec. 2. new text begin [245A.175] MENTAL HEALTH TRAINING REQUIREMENT. new text end 9.8     new text begin Child foster care providers licensed by the commissioner of human services must new text end 9.9 new text begin complete two hours of training before admitting a foster care child that addresses new text end 9.10 new text begin the causes, symptoms, and key warning signs of mental health disorders; cultural new text end 9.11 new text begin considerations; and effective approaches for dealing with a child's behaviors. At least one new text end 9.12 new text begin hour of the annual 12-hour training requirement for foster parents must be completed new text end 9.13 new text begin each year on children's mental health issues and treatment. Training curriculum shall be new text end 9.14 new text begin approved by the commissioner of human services. new text end 9.15    Sec. 3. new text begin [256.9961] COLLABORATIVE SERVICES FOR HIGH-RISK new text end 9.16 new text begin CHILDREN. new text end 9.17     new text begin To provide early intervention collaborative services to children who are at high risk new text end 9.18 new text begin for child maltreatment, substance use, mental illness, and serious and violent offending, new text end 9.19 new text begin but not subject to the delinquency provisions of chapter 260B, the commissioner of human new text end 9.20 new text begin services shall fund one or more projects that identify and serve these children. The new text end 9.21 new text begin projects shall include the following program components: new text end 9.22     new text begin (1) multidimensional screening instruments; new text end 9.23     new text begin (2) multidisciplinary and multijurisdictional collaborative services; new text end 9.24     new text begin (3) integrated information systems; new text end 9.25     new text begin (4) intensive in-home and community casework; new text end 9.26     new text begin (5) continuous tracking of outcomes; and new text end 9.27     new text begin (6) multidimensional evaluations and cost benefit analysis. new text end 9.28 new text begin Projects must use all available funding streams. new text end 9.29    Sec. 4. Minnesota Statutes 2006, section 256B.0943, is amended by adding a 9.30subdivision to read: 9.31     new text begin Subd. 14. new text end new text begin Rate increase for children's therapeutic services and supports. new text end new text begin For new text end 9.32 new text begin services defined in clauses (1) and (2) rendered on or after July 1, 2007, payment rates new text end 9.33 new text begin shall be increased by 33.7 percent over the rates in effect on January 1, 2006, for: new text end 10.1     new text begin (1) services when provided as a component of children's therapeutic services and new text end 10.2 new text begin support including, but not limited to, individual and group skills training, individual and new text end 10.3 new text begin group psychotherapy, and provider travel; and new text end 10.4     new text begin (2) diagnostic assessments of children and adolescents. new text end 10.5     new text begin The commissioner shall adjust rates paid to prepaid health plans under contract with new text end 10.6 new text begin the commissioner to reflect the rate increases provided in clauses (1) and (2). The prepaid new text end 10.7 new text begin health plans must pass this rate increase to the providers of the services identified in new text end 10.8 new text begin clauses (1) and (2). new text end 10.9    Sec. 5. new text begin COLUMBIA TEENSCREEN GRANTS. new text end 10.10     new text begin The commissioner of education shall develop a request for proposals for grants to new text end 10.11 new text begin implement the Columbia TeenScreen program. The request for proposals shall require new text end 10.12 new text begin the grant applicant to specify how the applicant will follow, implement, and conduct the new text end 10.13 new text begin essential components of the Columbia TeenScreen program. Applicants for grants shall new text end 10.14 new text begin be limited to public schools, family service collaboratives, and children's mental health new text end 10.15 new text begin collaboratives. new text end 10.16    Sec. 6. new text begin CHILDREN'S MENTAL HEALTH WORK GROUP; REPORT. new text end 10.17     new text begin The commissioner of human services shall convene a work group to study the unmet new text end 10.18 new text begin need for funding of wraparound services to address the needs of children diagnosed new text end 10.19 new text begin with an emotional disturbance or a severe emotional disturbance. The work group shall new text end 10.20 new text begin consist of representatives from the Department of Health, the Department of Education, new text end 10.21 new text begin organizations that provide or advocate for children's mental health services, and Minnesota new text end 10.22 new text begin counties. The commissioner shall report the results of the work group's findings and new text end 10.23 new text begin recommendations to the chairs of the house and senate committees with jurisdiction over new text end 10.24 new text begin children's mental health no later than January 1, 2008. new text end 10.25    Sec. 7. new text begin TRAUMA-FOCUSED EVIDENCE-BASED PRACTICES TO new text end 10.26 new text begin CHILDREN. new text end 10.27     new text begin Organizations that are certified to provide children's therapeutic services and new text end 10.28 new text begin supports under Minnesota Statutes, section 256B.0943, are eligible to apply for a grant. new text end 10.29 new text begin Grants are to be used to provide trauma-focused evidence-based practices to children new text end 10.30 new text begin who are living in a battered women's shelter, homeless shelter, transitional housing, or new text end 10.31 new text begin supported housing. Children served must have been exposed to or witnessed domestic new text end 10.32 new text begin violence, have been exposed to or witnessed community violence, or be a refugee. Priority new text end 10.33 new text begin shall be given to organizations that demonstrate collaboration with battered women's new text end 11.1 new text begin shelters, homeless shelters, or providers of transitional housing or supported housing. The new text end 11.2 new text begin commissioner shall specify which constitutes evidence-based practice. Organizations shall new text end 11.3 new text begin use all available funding streams. new text end 11.4    Sec. 8. new text begin RESPITE CARE. new text end 11.5     new text begin (a) The commissioner of human services shall allocate amounts for respite care new text end 11.6 new text begin funding to counties based on population. Counties shall be reimbursed for the costs of new text end 11.7 new text begin respite care for families with a child who has a severe emotional disturbance. Total new text end 11.8 new text begin reimbursement shall not exceed the county's allocation. Any funds not used by a county new text end 11.9 new text begin may be reallocated to other counties. new text end 11.10     new text begin (b) Funds allocated under paragraph (a) may be used for day, night, overnight, and new text end 11.11 new text begin summer or vacation respite care. Funds may be used for in-home or out-of-home respite new text end 11.12 new text begin care. new text end 11.13     new text begin (c) Up to 25 percent of the funds allocated under paragraph (a) in the first year may new text end 11.14 new text begin be used to recruit, train, and support respite care providers. new text end 11.15     new text begin (d) The commissioner shall convene a work group composed of stakeholders to new text end 11.16 new text begin determine: new text end 11.17     new text begin (1) how funds in subsequent years may be used; new text end 11.18     new text begin (2) how funds shall be disbursed to counties; new text end 11.19     new text begin (3) who is eligible to provide respite care; new text end 11.20     new text begin (4) how families access respite care; new text end 11.21     new text begin (5) how respite care rates will be established; and new text end 11.22     new text begin (6) what outcome data will be collected. new text end 11.23 new text begin The work group shall also examine how to use existing tools to determine difficulty of new text end 11.24 new text begin care rates. new text end 11.25    Sec. 9. new text begin APPROPRIATIONS. new text end 11.26     new text begin Subdivision 1. new text end new text begin Evidence-based practice. new text end new text begin $....... in fiscal year 2008 and $....... in new text end 11.27 new text begin fiscal year 2009 are appropriated from the general fund to the commissioner of human new text end 11.28 new text begin services to develop and implement evidence-based practice in children's mental health new text end 11.29 new text begin care and treatment. new text end 11.30     new text begin Subd. 2. new text end new text begin Columbia TeenScreen grants. new text end new text begin $....... in fiscal year 2008 and $....... in new text end 11.31 new text begin fiscal year 2009 are appropriated from the general fund to the commissioner of education new text end 11.32 new text begin to administer five Columbia TeenScreen grant programs in section 5. new text end 12.1     new text begin Subd. 3. new text end new text begin Early intervention collaborative programs. new text end new text begin $....... in fiscal year 2008 new text end 12.2 new text begin and $....... in fiscal year 2009 are appropriated from the general fund to the commissioner new text end 12.3 new text begin of human services to fund the early intervention collaborative programs in section 3. new text end 12.4     new text begin Subd. 4. new text end new text begin Childhood trauma; grants. new text end new text begin $....... in fiscal year 2008 and $....... in fiscal new text end 12.5 new text begin year 2009 are appropriated from the general fund to the commissioner of human services new text end 12.6 new text begin to make grants for the purpose of maintaining and expanding evidence-based practices new text end 12.7 new text begin under section 7 that support children and youth who have been exposed to violence or new text end 12.8 new text begin who are refugees. new text end 12.9     new text begin Subd. 5. new text end new text begin Respite care. new text end new text begin $ ....... in fiscal year 2008 is appropriated from general fund new text end 12.10 new text begin to the commissioner of human services to fund respite care for children under section 8 new text end 12.11 new text begin who have a diagnosis of emotional disturbance or severe emotional disturbance. new text end 12.12ARTICLE 3 12.13MISCELLANEOUS 12.14    Section 1. new text begin [135A.141] QUALIFYING STUDENT HEALTH INSURANCE new text end 12.15 new text begin PROGRAM. new text end 12.16     new text begin Subdivision 1. new text end new text begin Health insurance required. new text end new text begin (a) Every full-time and part-time new text end 12.17 new text begin student enrolled in a public or private institution of higher education located in the state new text end 12.18 new text begin shall participate in a qualifying student health insurance program. For the purposes of new text end 12.19 new text begin this section, "part-time student" means a student participating in at least 50 percent of the new text end 12.20 new text begin full-time curriculum. An institution may elect to allow students to waive participation new text end 12.21 new text begin in its student health insurance program or any part of it if the institution permitting such new text end 12.22 new text begin waivers requires students waiving participation to certify in writing, prior to any academic new text end 12.23 new text begin year in which they do not participate in the institution's plan, that they are participating new text end 12.24 new text begin in a health insurance plan having comparable coverage. new text end 12.25     new text begin (b) An individual shall be exempt from this section if the individual files a sworn new text end 12.26 new text begin affidavit with the individual's public or private institution of higher education that the new text end 12.27 new text begin individual does not have creditable coverage and that the individual's sincerely held new text end 12.28 new text begin religious beliefs are the basis of the individual's refusal to obtain and maintain creditable new text end 12.29 new text begin coverage. new text end 12.30     new text begin Subd. 2. new text end new text begin Report. new text end new text begin Each public and private institution of higher education shall submit new text end 12.31 new text begin an annual report to the commissioner of health detailing its procedures for complying new text end 12.32 new text begin with the provisions of this section. Prior to the implementation of this section, the new text end 12.33 new text begin commissioner of health shall submit a report to the house and senate committees on health new text end 12.34 new text begin policy and finance that includes, but is not limited to, an analysis of the number of students new text end 13.1 new text begin lacking health insurance, the costs of the requirements of this section to the students and new text end 13.2 new text begin the institutions of higher education, and a proposed method for meeting the costs. new text end 13.3     new text begin Subd. 3. new text end new text begin Rules. new text end new text begin The commissioner of health shall issue regulations to define new text end 13.4 new text begin qualifying student health insurance programs, to establish procedures to monitor new text end 13.5 new text begin compliance, and to implement the provisions of this section. new text end 13.6    Sec. 2. new text begin [144.206] LOAN FORGIVENESS PROGRAM. new text end 13.7     new text begin (a) For the purposes of this section, "qualified educational loan" means a new text end 13.8 new text begin government, commercial, or foundation loan for actual costs paid for tuition, reasonable new text end 13.9 new text begin education expenses, and reasonable living expenses related to the graduate education new text end 13.10 new text begin of a mental health professional. new text end 13.11     new text begin (b) (1) A loan forgiveness program account is established. The commissioner of new text end 13.12 new text begin health shall use money from the account to establish a loan forgiveness program for new text end 13.13 new text begin individuals who are employed by a nonprofit agency that provides mental health services new text end 13.14 new text begin for cultural or ethnic minority clients. new text end 13.15     new text begin (2) Appropriations made to the account do not cancel and are available until new text end 13.16 new text begin expended, except that at the end of the biennium, any remaining balance in the account new text end 13.17 new text begin that is not committed by contract and is not needed to fulfill existing commitments shall new text end 13.18 new text begin cancel to the fund. new text end 13.19     new text begin (c) To be eligible to participate in the loan forgiveness program, an individual must new text end 13.20 new text begin be employed by a nonprofit agency that provides mental health services for cultural or new text end 13.21 new text begin ethnic minority clients and must be of the same culture or ethnicity as the clients. An new text end 13.22 new text begin applicant selected to participate must sign a contract agreeing to remain employed with new text end 13.23 new text begin the nonprofit agency for a three-year full-time term, which shall begin no later than 30 new text end 13.24 new text begin days following completion of the required training. new text end 13.25     new text begin (d) The commissioner may select applicants each year for participation in the loan new text end 13.26 new text begin forgiveness program, within the limits of available funding. Applicants are responsible for new text end 13.27 new text begin securing their own qualified educational loans. The commissioner shall select participants new text end 13.28 new text begin based on their suitability for practice serving the required cultural or ethnic minority new text end 13.29 new text begin population. The commissioner shall give preference to applicants closest to completing new text end 13.30 new text begin their education. new text end 13.31     new text begin (e) For each year that a participant meets the service obligation required under new text end 13.32 new text begin paragraph (c), the commissioner shall make annual disbursements directly to the new text end 13.33 new text begin participant equivalent to 25 percent of the participant's loan indebtedness, not to exceed new text end 13.34 new text begin the balance of the participant's qualifying educational loans. Before receiving loan new text end 13.35 new text begin repayment disbursements, and as requested, the participant and the employer must new text end 14.1 new text begin complete and return to the commissioner an affidavit of practice form provided by the new text end 14.2 new text begin commissioner verifying that the participant is practicing as required under paragraph (c). new text end 14.3 new text begin The participant must provide the commissioner with verification that the full amount of new text end 14.4 new text begin the loan repayment disbursement received by the participant has been applied toward new text end 14.5 new text begin the designated loans. After each disbursement, verification must be received by the new text end 14.6 new text begin commissioner and approved before the next loan repayment disbursement is made. new text end 14.7     new text begin (f) If a participant does not fulfill the minimum commitment of service under new text end 14.8 new text begin paragraph (c), the commissioner shall collect from the participant the full amount paid new text end 14.9 new text begin to the participant under the loan forgiveness program plus interest at the rate established new text end 14.10 new text begin under section 270C.40. The commissioner shall deposit the money collected in the new text end 14.11 new text begin general fund. The commissioner shall allow waivers of all or part of the money owed new text end 14.12 new text begin the commissioner as a result of nonfulfillment if emergency circumstances prevented new text end 14.13 new text begin fulfillment of the minimum service commitment. new text end 14.14    Sec. 3. Minnesota Statutes 2006, section 245.462, subdivision 20, is amended to read: 14.15    Subd. 20. Mental illness. (a) "Mental illness" means an organic disorder of the 14.16brain or a clinically significant disorder of thought, mood, perception, orientation, 14.17memory, or behavior that is listed in the clinical manual of the International Classification 14.18of Diseases (ICD-9-CM), current edition, code range 290.0 to 302.99 or 306.0 to 316.0 14.19or the corresponding code in the American Psychiatric Association's Diagnostic and 14.20Statistical Manual of Mental Disorders (DSM-MD), current edition, Axes I, II, or III, and 14.21that seriously limits a person's capacity to function in primary aspects of daily living such 14.22as personal relations, living arrangements, work, and recreation. 14.23    (b) An "adult with acute mental illness" means an adult who has a mental illness that 14.24is serious enough to require prompt intervention. 14.25    (c) For purposes of case management and community support services, a "person 14.26with serious and persistent mental illness" means an adult who has a mental illness and 14.27meets at least one of the following criteria: 14.28    (1) the adult has undergone two or more episodes of inpatient care for a mental 14.29illness within the preceding 24 months; 14.30    (2) the adult has experienced a continuous psychiatric hospitalization or residential 14.31treatment exceeding six months' duration within the preceding 12 months; 14.32    (3) new text begin the adult has been an inmate at a jail or county regional jail or a prisoner at a new text end 14.33 new text begin correctional facility two or more times within the preceding 24 months; new text end 14.34     new text begin (4) the adult has experienced continuous confinement in a jail, county regional jail, new text end 14.35 new text begin or correctional facility for more than six months' duration within the preceding 12 months; new text end 15.1     new text begin (5) the adult has been treated by a crisis team two or more times within the preceding new text end 15.2 new text begin 24 months; new text end 15.3     new text begin (6) new text end the adult: 15.4    (i) has a diagnosis of schizophrenia, bipolar disorder, major depression, or borderline 15.5personality disorder; 15.6    (ii) indicates a significant impairment in functioning; and 15.7    (iii) has a written opinion from a mental health professional, in the last three years, 15.8stating that the adult is reasonably likely to have future episodes requiring inpatient or 15.9residential treatment, of a frequency described in clause (1) or (2), unless ongoing case 15.10management or community support services are provided; 15.11    (4) new text begin (7) new text end the adult has, in the last three years, been committed by a court as a person 15.12who is mentally ill under chapter 253B, or the adult's commitment has been stayed or 15.13continued; or 15.14    (5) new text begin (8) new text end the adult (i) was eligible under clauses (1) to (4) new text begin (7) new text end , but the specified time 15.15period has expired or the adult was eligible as a child under section 245.4871, subdivision 15.166 ; and (ii) has a written opinion from a mental health professional, in the last three years, 15.17stating that the adult is reasonably likely to have future episodes requiring inpatient or 15.18residential treatment, of a frequency described in clause (1) or (2), unless ongoing case 15.19management or community support services are provided. 15.20    Sec. 4. Minnesota Statutes 2006, section 245.50, subdivision 5, is amended to read: 15.21    Subd. 5. Special contracts; bordering states. (a) An individual who is detained, 15.22committed, or placed on an involuntary basis under chapter 253B may be confined or 15.23treated in a bordering state pursuant to a contract under this section. An individual who is 15.24detained, committed, or placed on an involuntary basis under the civil law of a bordering 15.25state may be confined or treated in Minnesota pursuant to a contract under this section. A 15.26peace or health officer who is acting under the authority of the sending state may transport 15.27an individual to a receiving agency that provides services pursuant to a contract under 15.28this section and may transport the individual back to the sending state under the laws 15.29of the sending state. Court orders valid under the law of the sending state are granted 15.30recognition and reciprocity in the receiving state for individuals covered by a contract 15.31under this section to the extent that the court orders relate to confinement for treatment 15.32or care of mental illness or chemical dependency. Such treatment or care may address 15.33other conditions that may be co-occurring with the mental illness or chemical dependency. 15.34These court orders are not subject to legal challenge in the courts of the receiving state. 15.35Individuals who are detained, committed, or placed under the law of a sending state and 16.1who are transferred to a receiving state under this section continue to be in the legal 16.2custody of the authority responsible for them under the law of the sending state. Except 16.3in emergencies, those individuals may not be transferred, removed, or furloughed from 16.4a receiving agency without the specific approval of the authority responsible for them 16.5under the law of the sending state. 16.6    (b) While in the receiving state pursuant to a contract under this section, an 16.7individual shall be subject to the sending state's laws and rules relating to length of 16.8confinement, reexaminations, and extensions of confinement. No individual may be sent 16.9to another state pursuant to a contract under this section until the receiving state has 16.10enacted a law recognizing the validity and applicability of this section. 16.11    (c) If an individual receiving services pursuant to a contract under this section leaves 16.12the receiving agency without permission and the individual is subject to involuntary 16.13confinement under the law of the sending state, the receiving agency shall use all 16.14reasonable means to return the individual to the receiving agency. The receiving agency 16.15shall immediately report the absence to the sending agency. The receiving state has the 16.16primary responsibility for, and the authority to direct, the return of these individuals 16.17within its borders and is liable for the cost of the action to the extent that it would be 16.18liable for costs of its own resident. 16.19    (d) Responsibility for payment for the cost of care remains with the sending agency. 16.20    (e) This subdivision also applies to county contracts under subdivision 2 which 16.21include emergency care and treatment provided to a county resident in a bordering state. 16.22     new text begin (f) If a Minnesota resident is admitted to a facility in a bordering state under this new text end 16.23 new text begin chapter, a physician, licensed psychologist who has a doctoral degree in psychology, or new text end 16.24 new text begin an advance practice registered nurse certified in mental health, who is licensed in the new text end 16.25 new text begin bordering state, may act as an examiner under sections 253B.07, 253B.08, 253B.092, new text end 16.26 new text begin 253B.12, and 253B.17 subject to the same requirements and limitations in section new text end 16.27 new text begin 253B.02, subdivision 7. new text end 16.28    Sec. 5. new text begin [245.6961] CULTURALLY COMPETENT MENTAL HEALTH new text end 16.29 new text begin SERVICES. new text end 16.30     new text begin Subdivision 1. new text end new text begin Services; grants. new text end new text begin The commissioner is authorized to make grants new text end 16.31 new text begin to nonprofit organizations to ensure that culturally competent mental health services are new text end 16.32 new text begin provided to individuals throughout the state. The grants are intended to provide direct new text end 16.33 new text begin services and to serve as a bridge to existing mental health providers and organizations that new text end 16.34 new text begin reflect the community they serve. The grants may be used to: new text end 16.35     new text begin (1) provide services and supports to low-income families from different cultures; new text end 17.1     new text begin (2) provide technical assistance to mental health and health care providers who have new text end 17.2 new text begin clients in need of culturally appropriate services; new text end 17.3     new text begin (3) translate information for patients and their families; new text end 17.4     new text begin (4) colocate services at clinics, schools, and other locations; new text end 17.5     new text begin (5) provide services and supports using telemedicine to reach families in need of new text end 17.6 new text begin information and support in communities where there are no culturally specific providers; new text end 17.7 new text begin and new text end 17.8     new text begin (6) provide culturally specific support services. new text end 17.9     new text begin Subd. 2. new text end new text begin Task force. new text end new text begin The commissioner shall appoint a task force to develop new text end 17.10 new text begin criteria for eligibility, services, and outcome measurement. Meeting children's therapeutic new text end 17.11 new text begin services and support standards cannot be one of the criteria for receiving funding through new text end 17.12 new text begin this program. new text end 17.13    Sec. 6. new text begin [626.96] CRISIS INTERVENTION TEAM GRANTS. new text end 17.14     new text begin Subdivision 1. new text end new text begin Request for proposals. new text end new text begin The commissioner of public safety shall new text end 17.15 new text begin create a competitive grant process using request for proposals for crisis intervention team new text end 17.16 new text begin training for local police and sheriff departments. Before making grants under this section, new text end 17.17 new text begin the commissioner shall consult with the following organizations or individuals regarding new text end 17.18 new text begin the development of the request for proposals: new text end 17.19     new text begin (1) the Barbara Schneider Foundation; new text end 17.20     new text begin (2) the National Alliance on Mental Illness; new text end 17.21     new text begin (3) the Minnesota Mental Health Association; and new text end 17.22     new text begin (4) national experts on crisis intervention team training. new text end 17.23     new text begin Subd. 2. new text end new text begin Training requirements. new text end new text begin The training provided with grants made under new text end 17.24 new text begin this section must include, but is not limited to, the following components: new text end 17.25     new text begin (1) an overview of mental illnesses and the mental health system; new text end 17.26     new text begin (2) site visits to psychiatric receiving facilities; new text end 17.27     new text begin (3) an overview of mental health courts; new text end 17.28     new text begin (4) an overview of specific psychiatric conditions, their manifestations, and new text end 17.29 new text begin treatment; and new text end 17.30     new text begin (5) crisis intervention team reporting and data collection. new text end 17.31     new text begin At least 20 percent of each training session must involve scenario-based role play new text end 17.32 new text begin training with the use of a professional acting company with crisis intervention team new text end 17.33 new text begin training experience. The training provided under this subdivision must be at least 40 new text end 17.34 new text begin hours. The training must encourage and support the statewide development of crisis new text end 17.35 new text begin intervention teams for law enforcement. The training must promote the development of new text end 18.1 new text begin local collaboration among public safety professionals, community mental health and new text end 18.2 new text begin emergency medicine providers, and members of the public. new text end 18.3    Sec. 7. new text begin MINNESOTA FAMILY INVESTMENT PROGRAM AND CHILDREN'S new text end 18.4 new text begin MENTAL HEALTH PILOT PROJECT. new text end 18.5     new text begin Subdivision 1. new text end new text begin Pilot project authorized. new text end new text begin The commissioner of human services new text end 18.6 new text begin shall fund a two-year pilot project to measure the impact of children's identified mental new text end 18.7 new text begin health needs, including social and emotional needs, on Minnesota family investment new text end 18.8 new text begin program (MFIP) participants' ability to obtain and retain employment. The project shall new text end 18.9 new text begin also measure the impact on work activity of MFIP participants' needs to address their new text end 18.10 new text begin children's identified mental health needs. new text end 18.11     new text begin Subd. 2. new text end new text begin Provider and agency proposals. new text end new text begin (a) Interested MFIP providers and new text end 18.12 new text begin agencies shall: new text end 18.13     new text begin (1) submit proposals defining how they will identify participants whose children new text end 18.14 new text begin have mental health needs that hinder the employment process; new text end 18.15     new text begin (2) connect families with appropriate developmental, social, and emotional new text end 18.16 new text begin screenings and services; and new text end 18.17     new text begin (3) incorporate those services into the participant's employment plan. new text end 18.18 new text begin Each proposal under this paragraph must include an evaluation component. new text end 18.19     new text begin (b) Interested MFIP providers and agencies shall develop a protocol to inform MFIP new text end 18.20 new text begin participants of the following: new text end 18.21     new text begin (1) the availability of developmental, social, and emotional screening tools for new text end 18.22 new text begin children and youth; new text end 18.23     new text begin (2) the purpose of the screenings; new text end 18.24     new text begin (3) how the information will be used to assist the participants in identifying and new text end 18.25 new text begin addressing potential barriers to employment; and new text end 18.26     new text begin (4) that their employment plan may be modified based on the screening results. new text end 18.27     new text begin Subd. 3. new text end new text begin Program components. new text end new text begin (a) MFIP providers shall obtain the participant's new text end 18.28 new text begin written consent for participation in the pilot project, including consent for developmental, new text end 18.29 new text begin social, and emotional screening. new text end 18.30     new text begin (b) MFIP providers shall coordinate with county social service agencies and health new text end 18.31 new text begin plans to assist recipients in arranging referrals indicated by the screening results. new text end 18.32     new text begin (c) Tools used for developmental, social, and emotional screenings shall be approved new text end 18.33 new text begin by the commissioner of human services. new text end 18.34     new text begin Subd. 4. new text end new text begin Program evaluation. new text end new text begin The commissioner of human services shall conduct new text end 18.35 new text begin an evaluation of the pilot project to determine: new text end 19.1     new text begin (1) the number of participants who took part in the screening; new text end 19.2     new text begin (2) the number of children who were screened and what screening tools were used; new text end 19.3     new text begin (3) the number of children who were identified in the screening who needed referral new text end 19.4 new text begin or follow-up services; new text end 19.5     new text begin (4) the number of children who received services, what agency provided the services, new text end 19.6 new text begin and what type of services were provided; new text end 19.7     new text begin (5) the number of employment plans that were adjusted to include the activities new text end 19.8 new text begin recommended in the screenings; new text end 19.9     new text begin (6) the changes in work participation rates; new text end 19.10     new text begin (7) the changes in earned income; new text end 19.11     new text begin (8) the changes in sanction rates; and new text end 19.12     new text begin (9) the participants' report of program effectiveness. new text end 19.13     new text begin Subd. 5. new text end new text begin Work activity. new text end new text begin Participant involvement in screenings and subsequent new text end 19.14 new text begin referral and follow-up services shall count as work activity under Minnesota Statutes, new text end 19.15 new text begin section 256J.49, subdivision 13. new text end 19.16    Sec. 8. new text begin EVIDENCE-BASED PRACTICE. new text end 19.17     new text begin The commissioner of human services shall make a onetime consultation with new text end 19.18 new text begin stakeholder groups and make budget-neutral changes to medical assistance coverage and new text end 19.19 new text begin benefits to implement evidence-based practices as defined by the Agency for Healthcare new text end 19.20 new text begin Research and Quality Practice Guidelines or Substance Abuse and Mental Health Services new text end 19.21 new text begin Administration. new text end 19.22    Sec. 9. new text begin EMPLOYMENT SUPPORT. new text end 19.23     new text begin (a) The commissioner of the Department of Employment and Economic new text end 19.24 new text begin Development shall fund special projects providing employment support to: new text end 19.25     new text begin (1) young people with mental illness who are transitioning from school to work; new text end 19.26     new text begin (2) people with a serious mental illness who are receiving services through a mental new text end 19.27 new text begin health court; and new text end 19.28     new text begin (3) people with serious mental illness who are receiving services through a civil new text end 19.29 new text begin commitment court. new text end 19.30     new text begin (b) Special projects shall include incentive payments to providers that place new text end 19.31 new text begin individuals in jobs that allow them to leave SSI and SSDI dependency and become new text end 19.32 new text begin economically self-sufficient. new text end 19.33     new text begin (c) Projects under paragraph (a) must demonstrate interagency collaboration. new text end 20.1    Sec. 10. new text begin TELEHEALTH. new text end 20.2     new text begin (a) The Office of Enterprise Technology in consultation with the commissioner new text end 20.3 new text begin of human services shall provide interconnectivity, bridging, or gateway for televideo new text end 20.4 new text begin conferencing at no cost to the providers between: new text end 20.5     new text begin (1) state and county agency sites; and new text end 20.6     new text begin (2) community provider sites or association of community providers sites. new text end 20.7     new text begin (b) Community providers eligible for the televideo conferencing interconnectivity new text end 20.8 new text begin are those enrolled as medical assistance providers under Minnesota Statutes, section new text end 20.9 new text begin 256B.0625, subdivision 5, or under contract with counties to provide services under new text end 20.10 new text begin Minnesota Statutes, sections 245.461 to 245.486, the Minnesota Comprehensive Adult new text end 20.11 new text begin Mental Health Act; Minnesota Statutes, sections 245.4712 to 245.4861, community new text end 20.12 new text begin support and day treatment services; or Minnesota Statutes, sections 245.487 to 245.4887, new text end 20.13 new text begin the Minnesota Comprehensive Children's Mental Health Act. new text end 20.14    Sec. 11. new text begin DUAL DIAGNOSIS; DEMONSTRATION PROJECT. new text end 20.15     new text begin (a) The commissioner of human services shall fund demonstration projects for high new text end 20.16 new text begin risk adults with serious mental illness and co-occurring substance abuse problems. The new text end 20.17 new text begin projects must include, but not be limited to, the following: new text end 20.18     new text begin (1) housing services, including rent or housing subsidies, housing with clinical new text end 20.19 new text begin staff, or housing support; new text end 20.20     new text begin (2) assertive outreach services; and new text end 20.21     new text begin (3) intensive direct therapeutic, rehabilitative, and care management services new text end 20.22 new text begin oriented to harm reduction. new text end 20.23     new text begin (b) The commissioner shall work with providers to ensure proper licensure or new text end 20.24 new text begin certification to meet medical assistance or third-party payor reimbursement requirements. new text end 20.25    Sec. 12. new text begin INPATIENT PSYCHIATRIC BEDS; STUDY. new text end 20.26     new text begin (a) The commissioner of health shall study the status of inpatient psychiatric beds new text end 20.27 new text begin in Minnesota and provide recommendations to the legislature on improving access to new text end 20.28 new text begin inpatient care, especially for children and adolescents. In conducting the study, the new text end 20.29 new text begin commissioner shall consult with the commissioner of human services and representatives new text end 20.30 new text begin from psychiatry, hospitals, emergency medicine, and mental health advocacy. new text end 20.31     new text begin (b) The study shall consider the following: new text end 20.32     new text begin (1) the number and frequency of patients, both adults and children, diverted to other new text end 20.33 new text begin hospitals because of the unavailability of an appropriate psychiatric bed in the hospital for new text end 20.34 new text begin which they sought care; new text end 21.1     new text begin (2) the effect on emergency rooms due to the inability to place a patient in a new text end 21.2 new text begin psychiatric hospital bed; new text end 21.3     new text begin (3) the difference in health plan reimbursement for psychiatric beds compared new text end 21.4 new text begin to beds devoted to general medical care and the effect this reimbursement has on the new text end 21.5 new text begin availability of inpatient psychiatric beds; new text end 21.6     new text begin (4) the number of psychiatric beds per capita in Minnesota compared to the number new text end 21.7 new text begin of psychiatric beds per capita in the United States, and the appropriate number of new text end 21.8 new text begin psychiatric beds per capita in Minnesota; and new text end 21.9     new text begin (5) the number of practicing child and adolescent psychiatrists and the number new text end 21.10 new text begin necessary per capita to meet the needs of Minnesota children. new text end 21.11     new text begin (c) The commissioner shall report recommendations to the legislature by January new text end 21.12 new text begin 15, 2008. new text end 21.13    Sec. 13. new text begin INCENTIVE PAYMENTS; RULES. new text end 21.14     new text begin (a) The commissioner of employment and economic development under rulemaking new text end 21.15 new text begin authority granted in Minnesota Statutes, section 116J.035, shall develop rules to new text end 21.16 new text begin implement incentive payments to providers that place individuals in jobs that allow them new text end 21.17 new text begin to leave SSI and SSDI dependency and become economically self-sufficient. new text end 21.18     new text begin (b) The commissioner of employment and economic development under rulemaking new text end 21.19 new text begin authority granted in Minnesota Statutes, section 116J.035, shall develop rules to implement new text end 21.20 new text begin incentive payments for providers that place individuals in jobs that provide benefits. new text end 21.21    Sec. 14. new text begin APPROPRIATIONS. new text end 21.22     new text begin Subdivision 1. new text end new text begin Employment support. new text end new text begin (a) $....... is appropriated in fiscal year 2008 new text end 21.23 new text begin from the general fund to the commissioner of employment and economic development to new text end 21.24 new text begin fund special projects focused on providing employment support under section 9. new text end 21.25     new text begin (b) $....... in fiscal year 2008 and $....... in fiscal year 2009 are appropriated new text end 21.26 new text begin to the commissioner of employment and economic development for the extended new text end 21.27 new text begin employment-serious mental illness program under section 9. new text end 21.28     new text begin (c) $1,000,000 in fiscal year 2008 and $1,000,000 in fiscal year 2009 are appropriated new text end 21.29 new text begin to the commissioner of employment and economic development to supplement funds new text end 21.30 new text begin paid for wage incentive for the community support fund established in Minnesota Rules, new text end 21.31 new text begin part 3300.2045. new text end 21.32     new text begin Subd. 2. new text end new text begin Community mental health programs. new text end new text begin $....... is appropriated in fiscal year new text end 21.33 new text begin 2008 from the general fund to the commissioner of human services to contract for training new text end 22.1 new text begin and consultation for clinical supervisors and staff of community mental health centers who new text end 22.2 new text begin provide services to children and adults. The purpose of the training and consultation is to new text end 22.3 new text begin improve clinical supervision of staff, strengthen compliance with federal and state rules new text end 22.4 new text begin and regulations, and to recommend strategies for standardization and simplification of new text end 22.5 new text begin administrative functions among community mental health centers. new text end 22.6     new text begin Subd. 3. new text end new text begin Culturally competent mental health services grants. new text end new text begin $....... in fiscal new text end 22.7 new text begin year 2008 and $....... in fiscal year 2009 are appropriated from the general fund to the new text end 22.8 new text begin commissioner of human services for development and implementation of grants for new text end 22.9 new text begin culturally competent mental health services under section 5. new text end 22.10     new text begin Subd. 4. new text end new text begin Bridges rental housing assistance program. new text end new text begin $3,400,000 in fiscal year new text end 22.11 new text begin 2008 and $3,400,000 in fiscal year 2009 are appropriated from the general fund to the new text end 22.12 new text begin Housing Finance Agency for the Bridges rental housing assistance program under new text end 22.13 new text begin Minnesota Statutes, section 462A.2097. These appropriations are in addition to any base new text end 22.14 new text begin appropriations for this purpose and shall become part of the agency's base. new text end 22.15     new text begin Subd. 5. new text end new text begin MFIP and children's mental health pilot project. new text end new text begin $....... in fiscal new text end 22.16 new text begin year 2008 and $....... in fiscal year 2009 are appropriated from the general fund to the new text end 22.17 new text begin commissioner of human services to fund the pilot project under section 7. new text end 22.18     new text begin Subd. 6. new text end new text begin Crisis intervention training. new text end new text begin $144,000 is appropriated in fiscal year 2008 new text end 22.19 new text begin from the general fund to the commissioner of public safety to fund grants to local police new text end 22.20 new text begin departments to conduct crisis intervention training under section 6. The commissioner new text end 22.21 new text begin may use up to 2.5 percent of the amount appropriated under this subdivision for costs of new text end 22.22 new text begin administering the grant program. new text end 22.23     new text begin Subd. 7. new text end new text begin Televideo conferencing. new text end new text begin (b) $....... in fiscal year 2008 and $....... in fiscal new text end 22.24 new text begin year 2009 are appropriated from the general fund to the Office of Enterprise Technology new text end 22.25 new text begin to provide televideo conferencing under section 10. new text end 22.26     new text begin Subd. 8. new text end new text begin Dual diagnosis; demonstration project. new text end new text begin $....... in fiscal year 2008 and new text end 22.27 new text begin $....... in fiscal year 2009 are appropriated from the general fund to the commissioner of new text end 22.28 new text begin human services to fund the demonstration projects under section 11. new text end 22.29ARTICLE 4 22.30MENTAL HEALTH FUNDING 22.31    Section 1. Minnesota Statutes 2006, section 256B.038, is amended to read: 22.32256B.038 PROVIDER RATE INCREASES AFTER JUNE 30, 1999. 23.1    (a) For fiscal years beginning on or after July 1, 1999, the commissioner of finance 23.2shall include an annual inflationary adjustment in payment rates for the services listed 23.3in paragraph (b) as a budget change request in each biennial detailed expenditure budget 23.4submitted to the legislature under section 16A.11. The adjustment shall be accomplished 23.5by indexing the rates in effect for inflation based on the change in the Consumer Price 23.6Index-All Items (United States city average)(CPI-U) as forecasted by Data Resources, 23.7Inc., in the fourth quarter of the prior year for the calendar year during which the rate 23.8increase occurs. 23.9    (b) Within the limits of appropriations specifically for this purpose, the commissioner 23.10shall apply the rate increases in paragraph (a) to home and community-based waiver 23.11services for persons with developmental disabilities under section 256B.501; home and 23.12community-based waiver services for the elderly under section 256B.0915; waivered 23.13services under community alternatives for disabled individuals under section 256B.49; 23.14community alternative care waivered services under section 256B.49; traumatic brain 23.15injury waivered services under section 256B.49; nursing services and home health services 23.16under section 256B.0625, subdivision 6a; personal care services and nursing supervision 23.17of personal care services under section 256B.0625, subdivision 19a; private duty nursing 23.18services under section 256B.0625, subdivision 7; day training and habilitation services 23.19for adults with developmental disabilities under sections 252.40 to 252.46; physical 23.20therapy services under sections 256B.0625, subdivision 8, and 256D.03, subdivision 4; 23.21occupational therapy services under sections 256B.0625, subdivision 8a, and 256D.03, 23.22subdivision 4 ; speech-language therapy services under section 256D.03, subdivision 23.234 , and Minnesota Rules, part 9505.0390; respiratory therapy services under section 23.24256D.03, subdivision 4 , and Minnesota Rules, part 9505.0295; physician services under 23.25section 256B.0625, subdivision 3; dental services under sections 256B.0625, subdivision 23.269 , and 256D.03, subdivision 4; alternative care services under section 256B.0913; adult 23.27residential program grants under Minnesota Rules, parts 9535.2000 to 9535.3000; 23.28adult and family community support grants under Minnesota Rules, parts 9535.1700 23.29to 9535.1760; and semi-independent living services under section 252.275, including 23.30SILS funding under county social services grants formerly funded under chapter 256I new text begin ; new text end 23.31 new text begin children's therapeutic services and support services under section 256B.0943; and adult new text end 23.32 new text begin rehabilitative mental health services under section 256B.0623 new text end . 23.33    (c) The commissioner shall increase prepaid medical assistance program capitation 23.34rates as appropriate to reflect the rate increases in this section. 23.35    (d) In implementing this section, the commissioner shall consider proposing a 23.36schedule to equalize rates paid by different programs for the same service. 24.1    Sec. 2. new text begin [256B.0615] MENTAL HEALTH CERTIFIED PEER SPECIALIST. new text end 24.2     new text begin Subdivision 1. new text end new text begin Scope. new text end new text begin Medical assistance covers mental health certified peers new text end 24.3 new text begin specialists services, as established in subdivision 2, subject to federal approval, if provided new text end 24.4 new text begin to recipients who are eligible for services under sections 256B.0622 and 256B.0623, new text end 24.5 new text begin and are provided by a certified peer specialist who has completed the training under new text end 24.6 new text begin subdivision 5. new text end 24.7     new text begin Subd. 2. new text end new text begin Establishment. new text end new text begin The commissioner of human services shall establish a new text end 24.8 new text begin certified peer specialists program model, which: new text end 24.9     new text begin (1) provides nonclinical peer support counseling by certified peer specialists; new text end 24.10     new text begin (2) provides a part of a wraparound continuum of services in conjunction with new text end 24.11 new text begin other community mental health services; new text end 24.12     new text begin (3) is individualized to the consumer; and new text end 24.13     new text begin (4) promotes socialization, recovery, self-sufficiency, self-advocacy, development of new text end 24.14 new text begin natural supports, and maintenance of skills learned in other support services. new text end 24.15     new text begin Subd. 3. new text end new text begin Eligibility. new text end new text begin Peer support services may be made available to consumers new text end 24.16 new text begin of the intensive rehabilitative mental health services under section 256B.0622 and adult new text end 24.17 new text begin rehabilitative mental health services under section 256B.0623. new text end 24.18     new text begin Subd. 4. new text end new text begin Peer support specialist program providers. new text end new text begin The commissioner shall new text end 24.19 new text begin develop a process to certify peer support specialist programs, in accordance with the new text end 24.20 new text begin federal guidelines, in order for the program to bill for reimbursable services. Peer support new text end 24.21 new text begin programs may be freestanding or within existing mental health community provider new text end 24.22 new text begin centers. new text end 24.23     new text begin Subd. 5. new text end new text begin Certified peer specialist training and certification. new text end new text begin The commissioner new text end 24.24 new text begin of human services shall develop a training and certification process for certified peer new text end 24.25 new text begin specialists who must be at least 21 years of age and have a high school diploma or its new text end 24.26 new text begin equivalent. The candidates must have had a primary diagnosis of mental illness and be a new text end 24.27 new text begin current or former consumer of mental health services, must demonstrate leadership and new text end 24.28 new text begin advocacy skills, and must have a strong dedication to recovery. The training curriculum new text end 24.29 new text begin must teach participating consumers specific skills relevant to providing peer support new text end 24.30 new text begin to other consumers. In addition to initial training and certification, the commissioner new text end 24.31 new text begin shall develop ongoing continuing educational workshops on pertinent issues related to new text end 24.32 new text begin peer support counseling. new text end 24.33    Sec. 3. Minnesota Statutes 2006, section 256B.0622, subdivision 2, is amended to read: 24.34    Subd. 2. Definitions. For purposes of this section, the following terms have the 24.35meanings given them. 25.1    (a) "Intensive nonresidential rehabilitative mental health services" means adult 25.2rehabilitative mental health services as defined in section 256B.0623, subdivision 2, 25.3paragraph (a), except that these services are provided by a multidisciplinary staff using 25.4a total team approach consistent with assertive community treatment, the Fairweather 25.5Lodge treatment model, as defined by the standards established by the National Coalition 25.6for Community Living, and other evidence-based practices, and directed to recipients with 25.7a serious mental illness who require intensive services. 25.8    (b) "Intensive residential rehabilitative mental health services" means short-term, 25.9time-limited services provided in a residential setting to recipients who are in need of 25.10more restrictive settings and are at risk of significant functional deterioration if they do 25.11not receive these services. Services are designed to develop and enhance psychiatric 25.12stability, personal and emotional adjustment, self-sufficiency, and skills to live in a more 25.13independent setting. Services must be directed toward a targeted discharge date with 25.14specified client outcomes and must be consistent with the Fairweather Lodge treatment 25.15model as defined in paragraph (a), and other evidence-based practices. 25.16    (c) "Evidence-based practices" are nationally recognized mental health services that 25.17are proven by substantial research to be effective in helping individuals with serious 25.18mental illness obtain specific treatment goals. 25.19    (d) "Overnight staff" means a member of the intensive residential rehabilitative 25.20mental health treatment team who is responsible during hours when recipients are 25.21typically asleep. 25.22    (e) "Treatment team" means all staff who provide services under this section 25.23to recipients. At a minimum, this includes the clinical supervisor, mental health 25.24professionals, new text begin as defined in section 245.462, subdivision 18, clauses (1) to (5); new text end mental 25.25health practitioners, and new text begin as defined in section 245.462, subdivision 17; new text end mental health 25.26rehabilitation workers new text begin under section 256B.0623, subdivision 5, clause (3); and certified new text end 25.27 new text begin peer specialists under section 256B.0615 new text end . 25.28    Sec. 4. Minnesota Statutes 2006, section 256B.0623, subdivision 2, is amended to read: 25.29    Subd. 2. Definitions. For purposes of this section, the following terms have the 25.30meanings given them. 25.31    (a) "Adult rehabilitative mental health services" means mental health services which 25.32are rehabilitative and enable the recipient to develop and enhance psychiatric stability, 25.33social competencies, personal and emotional adjustment, and independent living and 25.34community skills, when these abilities are impaired by the symptoms of mental illness. 25.35Adult rehabilitative mental health services are also appropriate when provided to enable a 26.1recipient to retain stability and functioning, if the recipient would be at risk of significant 26.2functional decompensation or more restrictive service settings without these services. 26.3    (1) Adult rehabilitative mental health services instruct, assist, and support the 26.4recipient in areas such as: interpersonal communication skills, community resource 26.5utilization and integration skills, crisis assistance, relapse prevention skills, health care 26.6directives, budgeting and shopping skills, healthy lifestyle skills and practices, cooking 26.7and nutrition skills, transportation skills, medication education and monitoring, mental 26.8illness symptom management skills, household management skills, employment-related 26.9skills, and transition to community living services. 26.10    (2) These services shall be provided to the recipient on a one-to-one basis in the 26.11recipient's home or another community setting or in groups. 26.12    (b) "Medication education services" means services provided individually or in 26.13groups which focus on educating the recipient about mental illness and symptoms; the role 26.14and effects of medications in treating symptoms of mental illness; and the side effects of 26.15medications. Medication education is coordinated with medication management services 26.16and does not duplicate it. Medication education services are provided by physicians, 26.17pharmacists, physician's assistants, or registered nurses. 26.18    (c) "Transition to community living services" means services which maintain 26.19continuity of contact between the rehabilitation services provider and the recipient and 26.20which facilitate discharge from a hospital, residential treatment program under Minnesota 26.21Rules, chapter 9505, board and lodging facility, or nursing home. Transition to community 26.22living services are not intended to provide other areas of adult rehabilitative mental health 26.23services. 26.24     new text begin (d) "Family psychoeducation" is a multimodal outpatient therapy and rehabilitative new text end 26.25 new text begin service that involves parents, families, and others as resources in the treatment, recovery, new text end 26.26 new text begin and improved functioning of a person with mental illness or emotional disturbance, new text end 26.27 new text begin in which families learn about the illness, family reactions, and types of treatment and new text end 26.28 new text begin supports. Families learn to develop skills to handle problems posed by mental illness new text end 26.29 new text begin including coping, managing stress, ensuring safety, creating social support, identifying new text end 26.30 new text begin resources, and supporting treatment and recovery goals. Services include family new text end 26.31 new text begin counseling, family treatment planning, and family support using cognitive, behavioral, new text end 26.32 new text begin problem-solving, and communication strategies, and may involve individual, family, and new text end 26.33 new text begin group intervention activities for consumers and families together, families only, or brief new text end 26.34 new text begin intermittent consultations at critical times in an episode of care. Eligible providers must new text end 26.35 new text begin be certified to provide both outpatient mental health services and rehabilitative services new text end 26.36 new text begin under this section. new text end 27.1    Sec. 5. Minnesota Statutes 2006, section 256B.0623, subdivision 5, is amended to read: 27.2    Subd. 5. Qualifications of provider staff. Adult rehabilitative mental health 27.3services must be provided by qualified individual provider staff of a certified provider 27.4entity. Individual provider staff must be qualified under one of the following criteria: 27.5    (1) a mental health professional as defined in section 245.462, subdivision 18, 27.6clauses (1) to (5). If the recipient has a current diagnostic assessment by a licensed 27.7mental health professional as defined in section 245.462, subdivision 18, clauses (1) to 27.8(5), recommending receipt of adult mental health rehabilitative services, the definition of 27.9mental health professional for purposes of this section includes a person who is qualified 27.10under section 245.462, subdivision 18, clause (6), and who holds a current and valid 27.11national certification as a certified rehabilitation counselor or certified psychosocial 27.12rehabilitation practitioner; 27.13    (2) a mental health practitioner as defined in section 245.462, subdivision 17. The 27.14mental health practitioner must work under the clinical supervision of a mental health 27.15professional; or 27.16     new text begin (3) a certified peer specialist under section 256B.0615. The certified peer specialist new text end 27.17 new text begin must work under the clinical supervision of a mental health professional; or new text end 27.18    (3) new text begin (4) new text end a mental health rehabilitation worker. A mental health rehabilitation worker 27.19means a staff person working under the direction of a mental health practitioner or mental 27.20health professional and under the clinical supervision of a mental health professional in 27.21the implementation of rehabilitative mental health services as identified in the recipient's 27.22individual treatment plan who: 27.23    (i) is at least 21 years of age; 27.24    (ii) has a high school diploma or equivalent; 27.25    (iii) has successfully completed 30 hours of training during the past two years in all 27.26of the following areas: recipient rights, recipient-centered individual treatment planning, 27.27behavioral terminology, mental illness, co-occurring mental illness and substance abuse, 27.28psychotropic medications and side effects, functional assessment, local community 27.29resources, adult vulnerability, recipient confidentiality; and 27.30    (iv) meets the qualifications in subitem (A) or (B): 27.31    (A) has an associate of arts degree in one of the behavioral sciences or human 27.32services, or is a registered nurse without a bachelor's degree, or who within the previous 27.33ten years has: 27.34    (1) three years of personal life experience with serious and persistent mental illness; 27.35    (2) three years of life experience as a primary caregiver to an adult with a serious 27.36mental illness or traumatic brain injury; or 28.1    (3) 4,000 hours of supervised paid work experience in the delivery of mental health 28.2services to adults with a serious mental illness or traumatic brain injury; or 28.3    (B)(1) is fluent in the non-English language or competent in the culture of the 28.4ethnic group to which at least 20 percent of the mental health rehabilitation worker's 28.5clients belong; 28.6    (2) receives during the first 2,000 hours of work, monthly documented individual 28.7clinical supervision by a mental health professional; 28.8    (3) has 18 hours of documented field supervision by a mental health professional 28.9or practitioner during the first 160 hours of contact work with recipients, and at least six 28.10hours of field supervision quarterly during the following year; 28.11    (4) has review and cosignature of charting of recipient contacts during field 28.12supervision by a mental health professional or practitioner; and 28.13    (5) has 40 hours of additional continuing education on mental health topics during 28.14the first year of employment. 28.15    Sec. 6. Minnesota Statutes 2006, section 256B.0623, subdivision 8, is amended to read: 28.16    Subd. 8. Diagnostic assessment. Providers of adult rehabilitative mental 28.17health services must complete a diagnostic assessment as defined in section 245.462, 28.18subdivision 9 , within five days after the recipient's second visit or within 30 days after 28.19intake, whichever occurs first. new text begin A diagnostic assessment must be reimbursed at the new text end 28.20 new text begin same rate as an assessment under section 256B.0655, subdivision 8. new text end In cases where a 28.21diagnostic assessment is available that reflects the recipient's current status, and has been 28.22completed within 180 days preceding admission, an update must be completed. An 28.23update shall include a written summary by a mental health professional of the recipient's 28.24current mental health status and service needs. If the recipient's mental health status 28.25has changed significantly since the adult's most recent diagnostic assessment, a new 28.26diagnostic assessment is required. For initial implementation of adult rehabilitative mental 28.27health services, until June 30, 2005, a diagnostic assessment that reflects the recipient's 28.28current status and has been completed within the past three years preceding admission 28.29is acceptable. 28.30    Sec. 7. Minnesota Statutes 2006, section 256B.0623, subdivision 12, is amended to 28.31read: 28.32    Subd. 12. Additional requirements. (a) Providers of adult rehabilitative 28.33mental health services must comply with the requirements relating to referrals for case 28.34management in section 245.467, subdivision 4. 29.1    (b) Adult rehabilitative mental health services are provided for most recipients 29.2in the recipient's home and community. Services may also be provided at the home of 29.3a relative or significant other, job site, psychosocial clubhouse, drop-in center, social 29.4setting, classroom, or other places in the community. Except for "transition to community 29.5services," the place of service does not include a regional treatment center, nursing 29.6home, residential treatment facility licensed under Minnesota Rules, parts 9520.0500 to 29.79520.0670 (Rule 36), or an acute care hospital. 29.8    (c) Adult rehabilitative mental health services may be provided in group settings if 29.9appropriate to each participating recipient's needs and treatment plan. A group is defined 29.10as two to ten clients, at least one of whom is a recipient, who is concurrently receiving a 29.11service which is identified in this section. The service and group must be specified in the 29.12recipient's treatment plan. No more than two qualified staff may bill Medicaid for services 29.13provided to the same group of recipients. If two adult rehabilitative mental health workers 29.14bill for recipients in the same group session, they must each bill for different recipients. 29.15     new text begin (d) Subject to federal approval, adult rehabilitative mental health services include new text end 29.16 new text begin family psychoeducation, coordination and care management, and collateral contacts. new text end 29.17    Sec. 8. Minnesota Statutes 2006, section 256B.0625, subdivision 38, is amended to 29.18read: 29.19    Subd. 38. Payments for mental health services. new text begin (a) new text end Payments for mental 29.20health services covered under the medical assistance program that are provided by 29.21masters-prepared mental health professionals shall be 80 percent of the rate paid to 29.22doctoral-prepared professionals. Payments for mental health services covered under 29.23the medical assistance program that are provided by masters-prepared mental health 29.24professionals employed by community mental health centers shall be 100 percent of the 29.25rate paid to doctoral-prepared professionals. For purposes of reimbursement of mental 29.26health professionals under the medical assistance program, all 29.27     new text begin (b) Payments for mental health services covered under the medical assistance new text end 29.28 new text begin program that are provided by new text end social workers who: 29.29    (1) have received a master's degree in social work from a program accredited by the 29.30Council on Social Work Education; 29.31    (2) are licensed at the level of graduate social worker or independent social worker; 29.32and 29.33    (3) are practicing clinical social work under appropriate supervision, as defined by 29.34chapter 148D; new text begin and new text end 30.1     new text begin (4) new text end meet all requirements under Minnesota Rules, part 9505.0323, subpart 24, and new text begin . new text end 30.2 new text begin Payments under this paragraph new text end shall be paid accordingly new text begin according to Minnesota Rules, new text end 30.3 new text begin part 9505.0323, subpart 24, unless paragraph (c) is applicable new text end . 30.4     new text begin (c) Payments for mental health services covered under the medical assistance new text end 30.5 new text begin program that are provided by an individual who: new text end 30.6     new text begin (1) is employed by a community mental health center and who has completed all new text end 30.7 new text begin requirements for licensure or board certification as a mental health professional except for new text end 30.8 new text begin the requirements for supervised experience in the delivery of mental health services; and new text end 30.9     new text begin (2) who is a student in a bona fide field placement or internship under a program new text end 30.10 new text begin leading to completion of the requirements for licensure as a mental health professional new text end 30.11 new text begin shall be reimbursed at 100 percent of the rate paid to the supervising professional. new text end 30.12 new text begin The individual providing the service under this paragraph must be under the clinical new text end 30.13 new text begin supervision of a fully qualified mental health professional. new text end 30.14     new text begin (d) Subject to federal approval, medical assistance covers clinical supervision of new text end 30.15 new text begin mental health practitioners by a mental health professional when clinical supervision is new text end 30.16 new text begin required as part of other medical assistance services. new text end 30.17    Sec. 9. Minnesota Statutes 2006, section 256B.0625, subdivision 43, is amended to 30.18read: 30.19    Subd. 43. Mental health provider travel time. Medical assistance covers provider 30.20travel time new text begin . The per-minute rate is to be calculated at two times the IRS mileage rate new text end if 30.21a recipient's individual treatment plan requires the provision of mental health services 30.22outside of the provider's normal place of business. This new text begin Reimbursement under this new text end 30.23 new text begin subdivision new text end does not include any travel time which is included in other billable services, 30.24and is only covered when the mental health service being provided to a recipient is 30.25covered under medical assistance. 30.26    Sec. 10. Minnesota Statutes 2006, section 256B.0625, subdivision 46, is amended to 30.27read: 30.28    Subd. 46. Mental health telemedicine. Effective January 1, 2006, and subject to 30.29federal approval, mental health services that are otherwise covered by medical assistance 30.30as direct face-to-face services may be provided via two-way interactive video. Use of 30.31two-way interactive video must be medically appropriate to the condition and needs 30.32of the person being served. Reimbursement is at the same rates and under the same 30.33conditions that would otherwise apply to the service new text begin and shall include payment for the new text end 30.34 new text begin originating facility fee and the cost of broadband connections new text end . The interactive video 31.1equipment and connection must comply with Medicare standards in effect at the time 31.2the service is provided. 31.3    Sec. 11. Minnesota Statutes 2006, section 256B.0625, is amended by adding a 31.4subdivision to read: 31.5     new text begin Subd. 50. new text end new text begin Intensive mental health outpatient treatment. new text end new text begin (a) Effective January new text end 31.6 new text begin 1, 2008, and subject to federal approval, medical assistance covers intensive mental new text end 31.7 new text begin health outpatient treatment. Intensive mental health outpatient treatment is a multimodal, new text end 31.8 new text begin therapeutic, and rehabilitative service that is provided for at least two hours per day and at new text end 31.9 new text begin least nine to 20 hours per week. The service provides an opportunity to combine existing new text end 31.10 new text begin covered services to deliver the necessary intensity and frequency of services identified new text end 31.11 new text begin in the individual treatment plan. Components of intensive mental health outpatient new text end 31.12 new text begin treatment include, but are not limited to: new text end 31.13     new text begin (1) individual, family, or multifamily group psychotherapy or psychoeducational new text end 31.14 new text begin services; new text end 31.15     new text begin (2) adjunctive services such as medical monitoring, family psychoeducation, new text end 31.16 new text begin behavioral parent training, rehabilitative services, medication education, relapse new text end 31.17 new text begin prevention, illness management and recovery services, and care coordination; and new text end 31.18     new text begin (3) service coordination and referral for medical care or social services. new text end 31.19     new text begin (b) During transition into or from services, intensive outpatient treatment under new text end 31.20 new text begin paragraph (a) may include time-limited services in multiple settings as clinically new text end 31.21 new text begin necessary. The service must be paid as a per diem based on 90 percent of the rate paid new text end 31.22 new text begin for partial hospitalization. Eligible providers must be licensed or certified to provide new text end 31.23 new text begin all aspects of the service. new text end 31.24    Sec. 12. Minnesota Statutes 2006, section 256B.0625, is amended by adding a 31.25subdivision to read: 31.26     new text begin Subd. 51. new text end new text begin Care management. new text end new text begin Effective January 1, 2008, and subject to new text end 31.27 new text begin federal approval, medical assistance covers up to six hours of service per client per new text end 31.28 new text begin year, without authorization, of coordination and care management as a component of new text end 31.29 new text begin children's therapeutic services and supports, adult rehabilitative mental health services, new text end 31.30 new text begin or community mental health services. These services must be directed by an individual new text end 31.31 new text begin treatment plan and are solely for the purpose of improving continuity and access to new text end 31.32 new text begin appropriate and necessary services. new text end 32.1    Sec. 13. Minnesota Statutes 2006, section 256B.0625, is amended by adding a 32.2subdivision to read: 32.3     new text begin Subd. 52. new text end new text begin Collateral contacts. new text end new text begin Effective January 1, 2008, and subject to federal new text end 32.4 new text begin approval, medical assistance covers up to six hours of service per client per year of new text end 32.5 new text begin collateral contacts as a component of children's therapeutic services and supports, adult new text end 32.6 new text begin rehabilitative mental health services, and community mental health services. These new text end 32.7 new text begin services must be directed by an individual treatment plan, and are solely for the purpose of new text end 32.8 new text begin assisting parents and others toward understanding, accommodating, and better caregiving new text end 32.9 new text begin of the person with mental illness or emotional disturbance. new text end 32.10    Sec. 14. Minnesota Statutes 2006, section 256B.0625, is amended by adding a 32.11subdivision to read: 32.12     new text begin Subd. 53. new text end new text begin Mental health services; dual eligible clients. new text end new text begin Effective for services new text end 32.13 new text begin rendered on or after January 1, 2008, and subject to federal approval, medical assistance new text end 32.14 new text begin payments for community mental health and psychiatry services provided to dual eligible new text end 32.15 new text begin clients shall be paid at the Medicare reimbursement rate or at the medical assistance new text end 32.16 new text begin payment rate in effect on January 1, 2008, whichever is greater. new text end 32.17    Sec. 15. Minnesota Statutes 2006, section 256B.0943, subdivision 1, is amended to 32.18read: 32.19    Subdivision 1. Definitions. For purposes of this section, the following terms have 32.20the meanings given them. 32.21    (a) "Children's therapeutic services and supports" means the flexible package of 32.22mental health services for children who require varying therapeutic and rehabilitative 32.23levels of intervention. The services are time-limited interventions that are delivered using 32.24various treatment modalities and combinations of services designed to reach treatment 32.25outcomes identified in the individual treatment plan. 32.26    (b) "Clinical supervision" means the overall responsibility of the mental health 32.27professional for the control and direction of individualized treatment planning, service 32.28delivery, and treatment review for each client. A mental health professional who is an 32.29enrolled Minnesota health care program provider accepts full professional responsibility 32.30for a supervisee's actions and decisions, instructs the supervisee in the supervisee's work, 32.31and oversees or directs the supervisee's work. 32.32    (c) "County board" means the county board of commissioners or board established 32.33under sections 402.01 to 402.10 or 471.59. 32.34    (d) "Crisis assistance" has the meaning given in section 245.4871, subdivision 9a. 33.1    (e) "Culturally competent provider" means a provider who understands and can 33.2utilize to a client's benefit the client's culture when providing services to the client. A 33.3provider may be culturally competent because the provider is of the same cultural or 33.4ethnic group as the client or the provider has developed the knowledge and skills through 33.5training and experience to provide services to culturally diverse clients. 33.6    (f) "Day treatment program" for children means a site-based structured program 33.7consisting of group psychotherapy for more than three individuals and other intensive 33.8therapeutic services provided by a multidisciplinary team, under the clinical supervision 33.9of a mental health professional. 33.10    (g) "Diagnostic assessment" has the meaning given in section 245.4871, subdivision 33.1111 . 33.12    (h) "Direct service time" means the time that a mental health professional, mental 33.13health practitioner, or mental health behavioral aide spends face-to-face with a client 33.14and the client's family. Direct service time includes time in which the provider obtains 33.15a client's history or provides service components of children's therapeutic services and 33.16supports. Direct service time does not include time doing work before and after providing 33.17direct services, including scheduling, maintaining clinical records, consulting with others 33.18about the client's mental health status, preparing reports, receiving clinical supervision 33.19directly related to the client's psychotherapy session, and revising the client's individual 33.20treatment plan. 33.21    (i) "Direction of mental health behavioral aide" means the activities of a mental 33.22health professional or mental health practitioner in guiding the mental health behavioral 33.23aide in providing services to a client. The direction of a mental health behavioral aide 33.24must be based on the client's individualized treatment plan and meet the requirements in 33.25subdivision 6, paragraph (b), clause (5). 33.26    (j) "Emotional disturbance" has the meaning given in section 245.4871, subdivision 33.2715 . For persons at least age 18 but under age 21, mental illness has the meaning given in 33.28section 245.462, subdivision 20, paragraph (a). 33.29    (k) new text begin "Family psychoeducation" is a multimodal outpatient therapy and rehabilitative new text end 33.30 new text begin service that involves parents, families, and others as resources in the treatment, recovery, new text end 33.31 new text begin and improved functioning of a person with mental illness or emotional disturbance, new text end 33.32 new text begin in which families learn about the illness, family reactions, and types of treatment and new text end 33.33 new text begin supports. Families learn to develop skills to handle problems posed by mental illness new text end 33.34 new text begin including coping, managing stress, ensuring safety, creating social support, identifying new text end 33.35 new text begin resources, and supporting treatment and recovery goals. Services include family new text end 33.36 new text begin counseling, family treatment planning, and family support using cognitive, behavioral, new text end 34.1 new text begin problem-solving, and communication strategies, and may involve individual, family, and new text end 34.2 new text begin group intervention activities for consumers and families together, families only, or brief new text end 34.3 new text begin intermittent consultations at critical times in an episode of care. Eligible providers must new text end 34.4 new text begin be certified to provide both outpatient mental health services and rehabilitative services new text end 34.5 new text begin under section 256B.0943. new text end 34.6     new text begin (l) new text end "Individual behavioral plan" means a plan of intervention, treatment, and services 34.7for a child written by a mental health professional or mental health practitioner, under 34.8the clinical supervision of a mental health professional, to guide the work of the mental 34.9health behavioral aide. 34.10    (l) new text begin (m) new text end "Individual treatment plan" has the meaning given in section 245.4871, 34.11subdivision 21 . 34.12    (m) new text begin (n) new text end "Mental health professional" means an individual as defined in section 34.13245.4871, subdivision 27 , clauses (1) to (5), or tribal vendor as defined in section 256B.02, 34.14subdivision 7 , paragraph (b). 34.15    (n) new text begin (o) new text end "Preschool program" means a day program licensed under Minnesota Rules, 34.16parts 9503.0005 to 9503.0175, and enrolled as a children's therapeutic services and 34.17supports provider to provide a structured treatment program to a child who is at least 33 34.18months old but who has not yet attended the first day of kindergarten. 34.19    (o) new text begin (p) new text end "Skills training" means individual, family, or group training designed to 34.20improve the basic functioning of the child with emotional disturbance and the child's 34.21family in the activities of daily living and community living, and to improve the social 34.22functioning of the child and the child's family in areas important to the child's maintaining 34.23or reestablishing residency in the community. Individual, family, and group skills training 34.24must: 34.25    (1) consist of activities designed to promote skill development of the child and the 34.26child's family in the use of age-appropriate daily living skills, interpersonal and family 34.27relationships, and leisure and recreational services; 34.28    (2) consist of activities that will assist the family's understanding of normal child 34.29development and to use parenting skills that will help the child with emotional disturbance 34.30achieve the goals outlined in the child's individual treatment plan; and 34.31    (3) promote family preservation and unification, promote the family's integration 34.32with the community, and reduce the use of unnecessary out-of-home placement or 34.33institutionalization of children with emotional disturbance. 34.34    Sec. 16. Minnesota Statutes 2006, section 256B.0943, subdivision 2, is amended to 34.35read: 35.1    Subd. 2. Covered service components of children's therapeutic services and 35.2supports. (a) Subject to federal approval, medical assistance covers medically necessary 35.3children's therapeutic services and supports as defined in this section that an eligible 35.4provider entity under subdivisions 4 and 5 provides to a client eligible under subdivision 3. 35.5    (b) The service components of children's therapeutic services and supports are: 35.6    (1) individual, family, and group psychotherapy new text begin , and family psychoeducation new text end ; 35.7    (2) individual, family, or group skills training provided by a mental health 35.8professional or mental health practitioner; 35.9    (3) crisis assistance; 35.10    (4) mental health behavioral aide services; and 35.11    (5) direction of a mental health behavioral aide new text begin ; new text end 35.12     new text begin (6) coordination and care management; and new text end 35.13     new text begin (7) collateral contacts new text end . 35.14    (c) Service components may be combined to constitute therapeutic programs, 35.15including day treatment programs and preschool programs. Although day treatment and 35.16preschool programs have specific client and provider eligibility requirements, medical 35.17assistance only pays for the service components listed in paragraph (b). 35.18    Sec. 17. Minnesota Statutes 2006, section 256B.0943, is amended by adding a 35.19subdivision to read: 35.20     new text begin Subd. 11a. new text end new text begin Reimbursement of diagnostic assessments. new text end new text begin A diagnostic assessment new text end 35.21 new text begin under this section must be reimbursed at the same rate as an assessment under section new text end 35.22 new text begin 256B.0655, subdivision 8. new text end 35.23    Sec. 18. Minnesota Statutes 2006, section 256B.69, subdivision 5g, is amended to read: 35.24    Subd. 5g. Payment for covered services. For services rendered on or after January 35.251, 2003, the total payment made to managed care plans for providing covered services 35.26under the medical assistance and general assistance medical care programs is reduced by 35.27.5 percent from their current statutory rates. This provision excludes payments for nursing 35.28home services, home and community-based waivers, and payments to demonstration 35.29projects for persons with disabilities new text begin , and mental health services added as covered benefits new text end 35.30 new text begin after December 31, 2007 new text end . 35.31    Sec. 19. Minnesota Statutes 2006, section 256B.69, subdivision 5h, is amended to read: 35.32    Subd. 5h. Payment reduction. In addition to the reduction in subdivision 5g, 35.33the total payment made to managed care plans under the medical assistance program is 36.1reduced 1.0 percent for services provided on or after October 1, 2003, and an additional 36.21.0 percent for services provided on or after January 1, 2004. This provision excludes 36.3payments for nursing home services, home and community-based waivers, and payments 36.4to demonstration projects for persons with disabilities new text begin , and mental health services added as new text end 36.5 new text begin covered benefits after December 1, 2007 new text end . 36.6    Sec. 20. Minnesota Statutes 2006, section 256B.763, is amended to read: 36.7256B.763 CRITICAL ACCESS MENTAL HEALTH RATE INCREASE. 36.8    (a) For services defined in paragraph (b) and rendered on or after July 1, 2007, 36.9payment rates shall be increased by 23.7 percent over the rates in effect on January 1, 36.102006, for: 36.11    (1) psychiatrists and advanced practice registered nurses with a psychiatric specialty; 36.12    (2) community mental health centers under section 256B.0625, subdivision 5; and 36.13    (3) mental health clinics and centers certified under Minnesota Rules, parts 36.149520.0750 to 9520.0870, or hospital outpatient psychiatric departments that are designated 36.15as essential community providers under section 62Q.19. 36.16    (b) This increase applies to group skills training when provided as a component of 36.17children's therapeutic services and support, psychotherapy, medication management, 36.18evaluation and management, diagnostic assessment, explanation of findings, psychological 36.19testing, neuropsychological services, direction of behavioral aides, and inpatient 36.20consultation. 36.21    (c) This increase does not apply to rates that are governed by section 256B.0625, 36.22subdivision 30, or 256B.761, paragraph (b), other cost-based rates, rates that are 36.23negotiated with the county, rates that are established by the federal government, or rates 36.24that increased between January 1, 2004, and January 1, 2005. 36.25    (d) new text begin Effective January 1, 2008, this increase applies to providers of individual and new text end 36.26 new text begin group skills training, individual and group psychotherapy, diagnostic assessments, travel, new text end 36.27 new text begin and other services when provided as a component of children's therapeutic services and new text end 36.28 new text begin support. new text end 36.29     new text begin (e) Effective January 1, 2008, payment rates for all services not included in new text end 36.30 new text begin paragraph (b) shall increase by 23.7 percent over rates in effect on January 1, 2006, for all new text end 36.31 new text begin services provided by community mental health centers under 256B.0625, subdivision 5. new text end 36.32     new text begin (f) new text end The commissioner shall adjust rates paid to prepaid health plans under contract 36.33with the commissioner to reflect the rate increases provided in paragraph new text begin paragraphs new text end (a) new text begin , new text end 36.34 new text begin (d), and (e) new text end . The prepaid health plan must pass this rate increase to the providers identified 36.35in paragraph new text begin paragraphs new text end (a) new text begin , (d), and (e) new text end . 37.1    Sec. 21. Minnesota Statutes 2006, section 256D.03, subdivision 4, is amended to read: 37.2    Subd. 4. General assistance medical care; services. (a)(i) For a person who is 37.3eligible under subdivision 3, paragraph (a), clause (2), item (i), general assistance medical 37.4care covers, except as provided in paragraph (c): 37.5    (1) inpatient hospital services; 37.6    (2) outpatient hospital services; 37.7    (3) services provided by Medicare certified rehabilitation agencies; 37.8    (4) prescription drugs and other products recommended through the process 37.9established in section 256B.0625, subdivision 13; 37.10    (5) equipment necessary to administer insulin and diagnostic supplies and equipment 37.11for diabetics to monitor blood sugar level; 37.12    (6) eyeglasses and eye examinations provided by a physician or optometrist; 37.13    (7) hearing aids; 37.14    (8) prosthetic devices; 37.15    (9) laboratory and X-ray services; 37.16    (10) physician's services; 37.17    (11) medical transportation except special transportation; 37.18    (12) chiropractic services as covered under the medical assistance program; 37.19    (13) podiatric services; 37.20    (14) dental services as covered under the medical assistance program; 37.21    (15) outpatient services provided by a mental health center or clinic that is under 37.22contract with the county board and is established under section new text begin mental health new text end 37.23 new text begin services covered under chapter 256B new text end ; 37.24    (16) day treatment services for mental illness provided under contract with the 37.25county board; 37.26    (17) prescribed medications for persons who have been diagnosed as mentally ill as 37.27necessary to prevent more restrictive institutionalization; 37.28    (18) psychological services, new text begin (17) new text end medical supplies and equipment, and Medicare 37.29premiums, coinsurance and deductible payments; 37.30    (19) new text begin (18) new text end medical equipment not specifically listed in this paragraph when the use 37.31of the equipment will prevent the need for costlier services that are reimbursable under 37.32this subdivision; 37.33    (20) new text begin (19) new text end services performed by a certified pediatric nurse practitioner, a 37.34certified family nurse practitioner, a certified adult nurse practitioner, a certified 37.35obstetric/gynecological nurse practitioner, a certified neonatal nurse practitioner, or a 37.36certified geriatric nurse practitioner in independent practice, if (1) the service is otherwise 38.1covered under this chapter as a physician service, (2) the service provided on an inpatient 38.2basis is not included as part of the cost for inpatient services included in the operating 38.3payment rate, and (3) the service is within the scope of practice of the nurse practitioner's 38.4license as a registered nurse, as defined in section 148.171; 38.5    (21) new text begin (20) new text end services of a certified public health nurse or a registered nurse practicing 38.6in a public health nursing clinic that is a department of, or that operates under the direct 38.7authority of, a unit of government, if the service is within the scope of practice of the 38.8public health nurse's license as a registered nurse, as defined in section 148.171; 38.9    (22) new text begin (21) new text end telemedicine consultations, to the extent they are covered under section 38.10256B.0625, subdivision 3b ; and 38.11    (23) mental health telemedicine and psychiatric consultation as covered under 38.12section 256B.0625, subdivisions 46 and 48 38.13     new text begin (22) up to six hours of service per client per year, without authorization, of new text end 38.14 new text begin consultation and care coordination as directed by an individual treatment plan, and as a new text end 38.15 new text begin component of children's therapeutic services and supports, adult rehabilitative mental new text end 38.16 new text begin health services, or community mental health services; and new text end 38.17     new text begin (23) up to six hours of service per client per year for collateral contacts as a new text end 38.18 new text begin component of children's therapeutic services and supports, adult rehabilitative mental new text end 38.19 new text begin health services, or community mental health services. These services must be directed new text end 38.20 new text begin by an individual treatment plan and are solely for the purpose of assisting parents and new text end 38.21 new text begin others toward understanding, accommodating, and better caregiving of the person with new text end 38.22 new text begin mental illness or emotional disturbance new text end . 38.23    (ii) Effective October 1, 2003, for a person who is eligible under subdivision 3, 38.24paragraph (a), clause (2), item (ii), general assistance medical care coverage is limited 38.25to inpatient hospital services, including physician services provided during the inpatient 38.26hospital stay. A $1,000 deductible is required for each inpatient hospitalization. 38.27    (b) Effective August 1, 2005, sex reassignment surgery is not covered under this 38.28subdivision. 38.29    (c) In order to contain costs, the commissioner of human services shall select 38.30vendors of medical care who can provide the most economical care consistent with high 38.31medical standards and shall where possible contract with organizations on a prepaid 38.32capitation basis to provide these services. The commissioner shall consider proposals by 38.33counties and vendors for prepaid health plans, competitive bidding programs, block grants, 38.34or other vendor payment mechanisms designed to provide services in an economical 38.35manner or to control utilization, with safeguards to ensure that necessary services are 38.36provided. Before implementing prepaid programs in counties with a county operated or 39.1affiliated public teaching hospital or a hospital or clinic operated by the University of 39.2Minnesota, the commissioner shall consider the risks the prepaid program creates for the 39.3hospital and allow the county or hospital the opportunity to participate in the program in a 39.4manner that reflects the risk of adverse selection and the nature of the patients served by 39.5the hospital, provided the terms of participation in the program are competitive with the 39.6terms of other participants considering the nature of the population served. Payment for 39.7services provided pursuant to this subdivision shall be as provided to medical assistance 39.8vendors of these services under sections 256B.02, subdivision 8, and 256B.0625. For 39.9payments made during fiscal year 1990 and later years, the commissioner shall consult 39.10with an independent actuary in establishing prepayment rates, but shall retain final control 39.11over the rate methodology. 39.12    (d) Recipients eligible under subdivision 3, paragraph (a), shall pay the following 39.13co-payments for services provided on or after October 1, 2003: 39.14    (1) $25 for eyeglasses; 39.15    (2) $25 for nonemergency visits to a hospital-based emergency room; 39.16    (3) $3 per brand-name drug prescription and $1 per generic drug prescription, 39.17subject to a $12 per month maximum for prescription drug co-payments. No co-payments 39.18shall apply to antipsychotic drugs when used for the treatment of mental illness; and 39.19    (4) 50 percent coinsurance on restorative dental services. 39.20    (e) Co-payments shall be limited to one per day per provider for nonpreventive visits, 39.21eyeglasses, and nonemergency visits to a hospital-based emergency room. Recipients of 39.22general assistance medical care are responsible for all co-payments in this subdivision. 39.23The general assistance medical care reimbursement to the provider shall be reduced by 39.24the amount of the co-payment, except that reimbursement for prescription drugs shall not 39.25be reduced once a recipient has reached the $12 per month maximum for prescription 39.26drug co-payments. The provider collects the co-payment from the recipient. Providers 39.27may not deny services to recipients who are unable to pay the co-payment, except as 39.28provided in paragraph (f). 39.29    (f) If it is the routine business practice of a provider to refuse service to an individual 39.30with uncollected debt, the provider may include uncollected co-payments under this 39.31section. A provider must give advance notice to a recipient with uncollected debt before 39.32services can be denied. 39.33    (g) Any county may, from its own resources, provide medical payments for which 39.34state payments are not made. 39.35    (h) Chemical dependency services that are reimbursed under chapter 254B must not 39.36be reimbursed under general assistance medical care. 40.1    (i) The maximum payment for new vendors enrolled in the general assistance 40.2medical care program after the base year shall be determined from the average usual and 40.3customary charge of the same vendor type enrolled in the base year. 40.4    (j) The conditions of payment for services under this subdivision are the same as the 40.5conditions specified in rules adopted under chapter 256B governing the medical assistance 40.6program, unless otherwise provided by statute or rule. 40.7    (k) Inpatient and outpatient payments shall be reduced by five percent, effective July 40.81, 2003. This reduction is in addition to the five percent reduction effective July 1, 2003, 40.9and incorporated by reference in paragraph (i). 40.10    (l) Payments for all other health services except inpatient, outpatient, and pharmacy 40.11services shall be reduced by five percent, effective July 1, 2003. 40.12    (m) Payments to managed care plans shall be reduced by five percent for services 40.13provided on or after October 1, 2003. 40.14    (n) A hospital receiving a reduced payment as a result of this section may apply the 40.15unpaid balance toward satisfaction of the hospital's bad debts. 40.16    (o) Fee-for-service payments for nonpreventive visits shall be reduced by $3 40.17for services provided on or after January 1, 2006. For purposes of this subdivision, a 40.18visit means an episode of service which is required because of a recipient's symptoms, 40.19diagnosis, or established illness, and which is delivered in an ambulatory setting by 40.20a physician or physician ancillary, chiropractor, podiatrist, advance practice nurse, 40.21audiologist, optician, or optometrist. 40.22    (p) Payments to managed care plans shall not be increased as a result of the removal 40.23of the $3 nonpreventive visit co-payment effective January 1, 2006. 40.24     new text begin (q) Payments for mental health services added as covered benefits after December 1, new text end 40.25 new text begin 2007, are not subject to the reductions in paragraphs (i), (k), (l), and (m). new text end 40.26    Sec. 22. Minnesota Statutes 2006, section 256D.44, subdivision 5, is amended to read: 40.27    Subd. 5. Special needs. In addition to the state standards of assistance established in 40.28subdivisions 1 to 4, payments are allowed for the following special needs of recipients of 40.29Minnesota supplemental aid who are not residents of a nursing home, a regional treatment 40.30center, or a group residential housing facility. 40.31    (a) The county agency shall pay a monthly allowance for medically prescribed 40.32diets if the cost of those additional dietary needs cannot be met through some other 40.33maintenance benefit. The need for special diets or dietary items must be prescribed by 40.34a licensed physician. Costs for special diets shall be determined as percentages of the 40.35allotment for a one-person household under the thrifty food plan as defined by the United 41.1States Department of Agriculture. The types of diets and the percentages of the thrifty 41.2food plan that are covered are as follows: 41.3    (1) high protein diet, at least 80 grams daily, 25 percent of thrifty food plan; 41.4    (2) controlled protein diet, 40 to 60 grams and requires special products, 100 percent 41.5of thrifty food plan; 41.6    (3) controlled protein diet, less than 40 grams and requires special products, 125 41.7percent of thrifty food plan; 41.8    (4) low cholesterol diet, 25 percent of thrifty food plan; 41.9    (5) high residue diet, 20 percent of thrifty food plan; 41.10    (6) pregnancy and lactation diet, 35 percent of thrifty food plan; 41.11    (7) gluten-free diet, 25 percent of thrifty food plan; 41.12    (8) lactose-free diet, 25 percent of thrifty food plan; 41.13    (9) antidumping diet, 15 percent of thrifty food plan; 41.14    (10) hypoglycemic diet, 15 percent of thrifty food plan; or 41.15    (11) ketogenic diet, 25 percent of thrifty food plan. 41.16    (b) Payment for nonrecurring special needs must be allowed for necessary home 41.17repairs or necessary repairs or replacement of household furniture and appliances using 41.18the payment standard of the AFDC program in effect on July 16, 1996, for these expenses, 41.19as long as other funding sources are not available. 41.20    (c) A fee for guardian or conservator service is allowed at a reasonable rate 41.21negotiated by the county or approved by the court. This rate shall not exceed five percent 41.22of the assistance unit's gross monthly income up to a maximum of $100 per month. If the 41.23guardian or conservator is a member of the county agency staff, no fee is allowed. 41.24    (d) The county agency shall continue to pay a monthly allowance of $68 for 41.25restaurant meals for a person who was receiving a restaurant meal allowance on June 1, 41.261990, and who eats two or more meals in a restaurant daily. The allowance must continue 41.27until the person has not received Minnesota supplemental aid for one full calendar month 41.28or until the person's living arrangement changes and the person no longer meets the criteria 41.29for the restaurant meal allowance, whichever occurs first. 41.30    (e) A fee of ten percent of the recipient's gross income or $25, whichever is less, 41.31is allowed for representative payee services provided by an agency that meets the 41.32requirements under SSI regulations to charge a fee for representative payee services. This 41.33special need is available to all recipients of Minnesota supplemental aid regardless of 41.34their living arrangement. 41.35    (f) Notwithstanding the language in this subdivision, an amount equal to the 41.36maximum allotment authorized by the federal Food Stamp Program for a single individual 42.1which is in effect on the first day of January new text begin July new text end of the previous new text begin current state fiscal new text end 42.2year will be added to the standards of assistance established in subdivisions 1 to 4 for 42.3individuals under the age of 65 who are relocating from an institution, or an adult mental 42.4health residential treatment program under section 256B.0622, new text begin or an adult eligible for the new text end 42.5 new text begin community alternatives for disabled individuals waiver, new text end and who are shelter needy. An 42.6eligible individual who receives this benefit prior to age 65 may continue to receive the 42.7benefit after the age of 65. 42.8    "Shelter needy" means that the assistance unit incurs monthly shelter costs that 42.9exceed 40 percent of the assistance unit's gross income before the application of this 42.10special needs standard. "Gross income" for the purposes of this section is the applicant's or 42.11recipient's income as defined in section 256D.35, subdivision 10, or the standard specified 42.12in subdivision 3, whichever is greater. A recipient of a federal or state housing subsidy, 42.13that limits shelter costs to a percentage of gross income, shall not be considered shelter 42.14needy for purposes of this paragraph. 42.15    Sec. 23. Minnesota Statutes 2006, section 256L.03, subdivision 1, is amended to read: 42.16    Subdivision 1. Covered health services. For individuals under section 256L.04, 42.17subdivision 7 , with income no greater than 75 percent of the federal poverty guidelines 42.18or for families with children under section 256L.04, subdivision 1, all subdivisions of 42.19this section apply. "Covered health services" means the health services reimbursed 42.20under chapter 256B, with the exception of inpatient hospital services, special education 42.21services, private duty nursing services, adult dental care services other than services 42.22covered under section 256B.0625, subdivision 9, orthodontic services, nonemergency 42.23medical transportation services, personal care assistant and case management services, 42.24nursing home or intermediate care facilities services, inpatient mental health services, 42.25and chemical dependency services. Outpatient mental health services covered under the 42.26MinnesotaCare program are limited to diagnostic assessments, psychological testing, 42.27explanation of findings, mental health telemedicine, psychiatric consultation, medication 42.28management by a physician, day treatment, partial hospitalization, and individual, family, 42.29and group psychotherapy. 42.30    No public funds shall be used for coverage of abortion under MinnesotaCare 42.31except where the life of the female would be endangered or substantial and irreversible 42.32impairment of a major bodily function would result if the fetus were carried to term; or 42.33where the pregnancy is the result of rape or incest. 42.34    Covered health services shall be expanded as provided in this section. 43.1    Sec. 24. Minnesota Statutes 2006, section 256L.03, subdivision 5, is amended to read: 43.2    Subd. 5. Co-payments and coinsurance. (a) Except as provided in paragraphs (b) 43.3and (c), the MinnesotaCare benefit plan shall include the following co-payments and 43.4coinsurance requirements for all enrollees: 43.5    (1) ten percent of the paid charges for inpatient hospital services for adult enrollees, 43.6subject to an annual inpatient out-of-pocket maximum of $1,000 per individual and 43.7$3,000 per family; 43.8    (2) $3 per prescription for adult enrollees; 43.9    (3) $25 for eyeglasses for adult enrollees; 43.10    (4) $3 per nonpreventive visit. For purposes of this subdivision, a "visit" means an 43.11episode of service which is required because of a recipient's symptoms, diagnosis, or 43.12established illness, and which is delivered in an ambulatory setting by a physician or 43.13physician ancillary, chiropractor, podiatrist, nurse midwife, advanced practice nurse, 43.14audiologist, optician, or optometrist; and 43.15    (5) $6 for nonemergency visits to a hospital-based emergency room. 43.16    (b) Paragraph (a), clause (1), does not apply to parents and relative caretakers of 43.17children under the age of 21 in households with family income equal to or less than 175 43.18percent of the federal poverty guidelines. Paragraph (a), clause (1), does not apply to 43.19parents and relative caretakers of children under the age of 21 in households with family 43.20income greater than 175 percent of the federal poverty guidelines for inpatient hospital 43.21admissions occurring on or after January 1, 2001. 43.22    (c) Paragraph (a), clauses (1) to (4), do not apply to pregnant women and children 43.23under the age of 21. 43.24    (d) new text begin Paragraph (a), clause (4), does not apply to mental health services. new text end 43.25     new text begin (e) new text end Adult enrollees with family gross income that exceeds 175 percent of the 43.26federal poverty guidelines and who are not pregnant shall be financially responsible for 43.27the coinsurance amount, if applicable, and amounts which exceed the $10,000 inpatient 43.28hospital benefit limit. 43.29    (e) new text begin (f) new text end When a MinnesotaCare enrollee becomes a member of a prepaid health plan, 43.30or changes from one prepaid health plan to another during a calendar year, any charges 43.31submitted towards the $10,000 annual inpatient benefit limit, and any out-of-pocket 43.32expenses incurred by the enrollee for inpatient services, that were submitted or incurred 43.33prior to enrollment, or prior to the change in health plans, shall be disregarded. 44.1    Sec. 25. Minnesota Statutes 2006, section 256L.035, is amended to read: 44.2256L.035 LIMITED BENEFITS COVERAGE FOR CERTAIN SINGLE 44.3ADULTS AND HOUSEHOLDS WITHOUT CHILDREN. 44.4    (a) "Covered health services" for individuals under section 256L.04, subdivision 44.57 , with income above 75 percent, but not exceeding 175 percent, of the federal poverty 44.6guideline means: 44.7    (1) inpatient hospitalization benefits with a ten percent co-payment up to $1,000 and 44.8subject to an annual limitation of $10,000; 44.9    (2) physician services provided during an inpatient stay; and 44.10    (3) physician services not provided during an inpatient stay; outpatient hospital 44.11services; freestanding ambulatory surgical center services; chiropractic services; lab and 44.12diagnostic services; diabetic supplies and equipment; new text begin mental health services as covered new text end 44.13 new text begin under chapter 256B; new text end and prescription drugs; subject to the following co-payments: 44.14    (i) $50 co-pay per emergency room visit; 44.15    (ii) $3 co-pay per prescription drug; and 44.16    (iii) $5 co-pay per nonpreventive visit new text begin ; except this co-pay does not apply to mental new text end 44.17 new text begin health services or community mental health services new text end . 44.18The services covered under this section may be provided by a physician, physician 44.19ancillary, chiropractor, psychologist, or licensed independent clinical social worker new text begin , or new text end 44.20 new text begin other mental health providers covered under chapter 256B new text end if the services are within the 44.21scope of practice of that health care professional. 44.22    For purposes of this section, "a visit" means an episode of service which is required 44.23because of a recipient's symptoms, diagnosis, or established illness, and which is delivered 44.24in an ambulatory setting by any health care provider identified in this paragraph. 44.25    Enrollees are responsible for all co-payments in this section. 44.26    (b) Reimbursement to the providers shall be reduced by the amount of the 44.27co-payment, except that reimbursement for prescription drugs shall not be reduced once a 44.28recipient has reached the $20 per month maximum for prescription drug co-payments. 44.29The provider collects the co-payment from the recipient. Providers may not deny services 44.30to recipients who are unable to pay the co-payment, except as provided in paragraph (c). 44.31    (c) If it is the routine business practice of a provider to refuse service to an individual 44.32with uncollected debt, the provider may include uncollected co-payments under this 44.33section. A provider must give advance notice to a recipient with uncollected debt before 44.34services can be denied. 44.35    Sec. 26. Minnesota Statutes 2006, section 256L.07, subdivision 3, is amended to read: 45.1    Subd. 3. Other health coverage. (a) Families and individuals enrolled in the 45.2MinnesotaCare program must have no health coverage while enrolled or for at least four 45.3months prior to application and renewal. Children enrolled in the original children's health 45.4plan and children in families with income equal to or less than 150 percent of the federal 45.5poverty guidelines, who have other health insurance, are eligible if the coverage: 45.6    (1) lacks two or more of the following: 45.7    (i) basic hospital insurance; 45.8    (ii) medical-surgical insurance; 45.9    (iii) prescription drug coverage; 45.10    (iv) dental coverage; or 45.11    (v) vision coverage; new text begin or new text end 45.12     new text begin (vi) mental health coverage; new text end 45.13    (2) requires a deductible of $100 or more per person per year; or 45.14    (3) lacks coverage because the child has exceeded the maximum coverage for a 45.15particular diagnosis or the policy excludes a particular diagnosis. 45.16    The commissioner may change this eligibility criterion for sliding scale premiums 45.17in order to remain within the limits of available appropriations. The requirement of no 45.18health coverage does not apply to newborns. 45.19    (b) Medical assistance, general assistance medical care, and the Civilian Health and 45.20Medical Program of the Uniformed Service, CHAMPUS, or other coverage provided under 45.21United States Code, title 10, subtitle A, part II, chapter 55, are not considered insurance or 45.22health coverage for purposes of the four-month requirement described in this subdivision. 45.23    (c) For purposes of this subdivision, an applicant or enrollee who is entitled to 45.24Medicare Part A or enrolled in Medicare Part B coverage under title XVIII of the Social 45.25Security Act, United States Code, title 42, sections 1395c to 1395w-152, is considered to 45.26have health coverage. An applicant or enrollee who is entitled to premium-free Medicare 45.27Part A may not refuse to apply for or enroll in Medicare coverage to establish eligibility 45.28for MinnesotaCare. 45.29    (d) Applicants who were recipients of medical assistance or general assistance 45.30medical care within one month of application must meet the provisions of this subdivision 45.31and subdivision 2. 45.32    (e) Cost-effective health insurance that was paid for by medical assistance is not 45.33considered health coverage for purposes of the four-month requirement under this 45.34section, except if the insurance continued after medical assistance no longer considered it 45.35cost-effective or after medical assistance closed. 46.1    Sec. 27. Minnesota Statutes 2006, section 256L.12, subdivision 9a, is amended to read: 46.2    Subd. 9a. Rate setting; ratable reduction. For services rendered on or after 46.3October 1, 2003, the total payment made to managed care plans under the MinnesotaCare 46.4program is reduced 1.0 percent. new text begin This provision excludes payments for mental health new text end 46.5 new text begin services added as covered benefits after December 31, 2007. new text end 46.6    Sec. 28. new text begin MENTAL HEALTH SERVICES PROVIDER RATE INCREASES. new text end 46.7     new text begin (a) The commissioner of human services shall increase reimbursement rates or rate new text end 46.8 new text begin limits, as applicable, by ... percent for the rate period beginning October 1, 2007, and the new text end 46.9 new text begin rate period beginning October 1, 2008, effective for services rendered on or after those new text end 46.10 new text begin dates. new text end 46.11     new text begin (b) The ... percent annual rate increase described in this section must be provided to: new text end 46.12     new text begin (1) children's therapeutic services and supports under Minnesota Statutes, section new text end 46.13 new text begin 256B.0943; and new text end 46.14     new text begin (2) adult rehabilitative mental health services under Minnesota Statutes, section new text end 46.15 new text begin 256B.0623. new text end 46.16     new text begin (c) Providers that receive a rate increase under this section shall use 75 percent of new text end 46.17 new text begin the additional revenue to increase wages and benefits and pay associated costs for all new text end 46.18 new text begin employees, except for management fees, the administrator, and central office staffs. new text end 46.19     new text begin (d) For public employees, the increase for wages and benefits for certain staff is new text end 46.20 new text begin available and pay rates shall be increased only to the extent that they comply with laws new text end 46.21 new text begin governing public employees collective bargaining. Money received by a provider for pay new text end 46.22 new text begin increases under this section may be used only for increases implemented on or after the new text end 46.23 new text begin first day of the rate period in which the increase is available and must not be used for new text end 46.24 new text begin increases implemented prior to that date. new text end 46.25     new text begin (e) A copy of the provider's plan for complying with paragraph (c) must be made new text end 46.26 new text begin available to all employees by giving each employee a copy or by posting a copy in an area new text end 46.27 new text begin of the provider's operation to which all employees have access. If an employee does not new text end 46.28 new text begin receive the adjustment, if any, described in the plan and is unable to resolve the problem new text end 46.29 new text begin with the provider, the employee may contact the employee's union representative. If the new text end 46.30 new text begin employee is not covered by a collective bargaining agreement, the employee may contact new text end 46.31 new text begin the commissioner at a telephone number provided by the commissioner and included in new text end 46.32 new text begin the provider's plan. new text end 46.33    Sec. 29. new text begin APPROPRIATIONS. new text end 47.1     new text begin Subdivision 1. new text end new text begin Mobile mental health crisis services. new text end new text begin (a) $5,000,000 in fiscal year new text end 47.2 new text begin 2008 and $7,250,000 in fiscal year 2009 are appropriated from the general fund to the new text end 47.3 new text begin commissioner of human services for statewide funding of mobile mental health crisis new text end 47.4 new text begin services. new text end 47.5     new text begin (b) Providers must utilize all available funding streams. new text end 47.6     new text begin Subd. 2. new text end new text begin Mental health tracking system. new text end new text begin $448,000 in fiscal year 2008 and new text end 47.7 new text begin $324,000 in fiscal year 2009 are appropriated from the general fund to the commissioner new text end 47.8 new text begin of human services to fund implementation of the mental health services outcomes and new text end 47.9 new text begin tracking system. new text end 47.10     new text begin Subd. 3. new text end new text begin Suicide prevention programs. new text end new text begin $....... in fiscal year 2008 and $....... in new text end 47.11 new text begin fiscal year 2009 are appropriated from the general fund to the commissioner of health to new text end 47.12 new text begin fund the suicide prevention program and to administer grants for institutions of higher new text end 47.13 new text begin education in the state of Minnesota to coordinate implementation of youth suicide early new text end 47.14 new text begin intervention and prevention strategies. new text end