1.1 	A bill for an act
1.2 	relating to state government; modifying provisions governing child care assistance, 
1.3 	child welfare, economic assistance, behavioral health, health care, and health 
1.4 	insurance access; making forecast adjustments; requiring reports; transferring 
1.5 	money; making technical and conforming changes; allocating funds for a specific 
1.6 	purpose; establishing certain grants; appropriating money;amending Minnesota 
1.7 	Statutes 2020, sections 62N.25, subdivision 5; 62Q.1055; 62Q.47; 119B.011, 
1.8 	subdivisions 2, 5, 13, 15, 19b; 119B.02, subdivisions 1, 2; 119B.025, subdivision 
1.9 	4; 119B.03, subdivisions 3, 9, 10; 119B.035, subdivisions 1, 2, 4, 5; 119B.08, 
1.10 	subdivision 3; 119B.11, subdivision 1; 119B.15; 119B.19, subdivision 7; 119B.24; 
1.11 	169A.70, subdivisions 3, 4; 245.4889, by adding a subdivision; 245.713, subdivision 
1.12 	2; 245F.03; 245G.05, subdivision 2; 245G.22, subdivisions 2, 15; 254A.19, 
1.13 	subdivisions 1, 3, by adding subdivisions; 254B.01, subdivision 5, by adding 
1.14 	subdivisions; 254B.03, subdivisions 1, 4, 5; 254B.04, subdivision 2a, by adding 
1.15 	subdivisions; 256.017, subdivision 9; 256.042, subdivisions 1, 2, 5; 256B.055, 
1.16 	subdivision 17; 256B.056, subdivisions 3, 7; 256B.0625, subdivisions 28b, 64; 
1.17 	256B.0941, by adding a subdivision; 256B.0946, subdivision 7; 256B.0949, 
1.18 	subdivision 15; 256B.76, subdivision 1; 256D.03, by adding a subdivision; 
1.19 	256D.0516, subdivision 2; 256D.06, subdivisions 1, 2, 5; 256D.09, subdivision 
1.20 	2a; 256E.35, subdivisions 1, 2, 4a, 6; 256E.36, subdivision 1; 256I.03, subdivision 
1.21 	13; 256I.06, subdivisions 6, 10; 256I.09; 256J.08, subdivisions 71, 79; 256J.21, 
1.22 	subdivision 4; 256J.33, subdivision 2; 256J.37, subdivisions 3, 3a; 256J.95, 
1.23 	subdivision 19; 256K.45, subdivision 3; 256L.04, subdivisions 1c, 7a, 10, by 
1.24 	adding a subdivision; 256L.07, subdivision 1; 256L.12, subdivision 8; 256P.01, 
1.25 	by adding a subdivision; 256P.02, by adding a subdivision; 256P.07, subdivisions 
1.26 	1, 2, 3, 4, 6, 7, by adding subdivisions; 256P.08, subdivision 2; 260B.157, 
1.27 	subdivisions 1, 3; 260C.451, subdivision 8, by adding subdivisions; 260E.20, 
1.28 	subdivision 1; 299A.299, subdivision 1; Minnesota Statutes 2021 Supplement, 
1.29 	sections 119B.13, subdivision 1; 245.4889, subdivision 1; 254A.03, subdivision 
1.30 	3; 254A.19, subdivision 4; 254B.03, subdivision 2; 254B.04, subdivision 1; 
1.31 	254B.05, subdivisions 4, 5; 256.042, subdivision 4; 256B.0625, subdivision 30; 
1.32 	256B.0759, subdivision 4; 256B.0946, subdivisions 1, 1a, 2, 3, 4, 6; 256B.0947, 
1.33 	subdivisions 2, 3, 5; 256B.851, subdivision 5; 256I.06, subdivision 8; 256J.21, 
1.34 	subdivision 3; 256J.33, subdivision 1; 256L.03, subdivision 2; 256L.07, subdivision 
1.35 	2; 256L.15, subdivision 2; 256P.02, subdivisions 1a, 2; 256P.04, subdivisions 4, 
1.36 	8; 256P.06, subdivision 3; 260C.157, subdivision 3; Laws 2015, chapter 71, article 
1.37 	14, section 2, subdivision 5, as amended; Laws 2020, First Special Session chapter 
1.38 	7, section 1, subdivision 1, as amended; Laws 2021, First Special Session chapter 
2.1 	7, article 1, section 36; article 16, sections 2, subdivisions 29, 31, 33; 28; article 
2.2 	17, sections 1, subdivision 2; 3; 6; 10; 11; 12; 17, subdivision 3; proposing coding 
2.3 	for new law in Minnesota Statutes, chapters 119B; 245; 256B; 256E; 256L; 256P; 
2.4 	repealing Minnesota Statutes 2020, sections 119B.03, subdivisions 1, 2, 4, 5, 6a, 
2.5 	6b, 8; 169A.70, subdivision 6; 245G.22, subdivision 19; 254A.02, subdivision 8a; 
2.6 	254A.16, subdivision 6; 254A.19, subdivisions 1a, 2; 254B.04, subdivisions 2b, 
2.7 	2c; 254B.041, subdivision 2; 256J.08, subdivisions 10, 61, 62, 81, 83; 256J.30, 
2.8 	subdivisions 5, 7; 256J.33, subdivisions 3, 5; 256J.34, subdivisions 1, 2, 3, 4; 
2.9 	256J.37, subdivision 10; Minnesota Statutes 2021 Supplement, sections 119B.03, 
2.10 	subdivisions 4a, 6; 254A.19, subdivision 5; 256J.08, subdivision 53; 256J.30, 
2.11 	subdivision 8; 256J.33, subdivision 4; Minnesota Rules, parts 9530.7000, subparts 
2.12 	1, 2, 5, 6, 7, 8, 9, 10, 11, 13, 14, 15, 17a, 19, 20, 21; 9530.7005; 9530.7010; 
2.13 	9530.7012; 9530.7015, subparts 1, 2a, 4, 5, 6; 9530.7020, subparts 1, 1a, 2; 
2.14 	9530.7021; 9530.7022, subpart 1; 9530.7025; 9530.7030, subpart 1.
2.15 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.16 	ARTICLE 1
2.17 	CHILD CARE

2.18 	Section 1. Minnesota Statutes 2020, section 119B.011, subdivision 2, is amended to read:
2.19 		Subd. 2.Applicant. "Child care fund applicants" means all parents,; stepparents,; legal 
2.20 	guardians, or; eligible relative caregivers; relative custodians who accepted a transfer of 
2.21 	permanent legal and physical custody of a child under section 260C.515, subdivision 4, or 
2.22 	similar permanency disposition in Tribal code; successor custodians or guardians as 
2.23 	established by section 256N.22, subdivision 10; or foster parents providing care to a child 
2.24 	placed in a family foster home under section 260C.007, subdivision 16b.who areApplicants 
2.25 	must be members of the family and reside in the household that applies for child care 
2.26 	assistance under the child care fund.

2.27 	EFFECTIVE DATE. This section is effective August 7, 2023.

2.28 	Sec. 2. Minnesota Statutes 2020, section 119B.011, subdivision 5, is amended to read:
2.29 		Subd. 5.Child care. "Child care" means the care of a child by someone other than a 
2.30 	parent,; stepparent,; legal guardian,; eligible relative caregiver,; relative custodian who 
2.31 	accepted a transfer of permanent legal and physical custody of a child under section 
2.32 	260C.515, subdivision 4, or similar permanency disposition in Tribal code; successor 
2.33 	custodian or guardian as established according to section 256N.22, subdivision 10; foster 
2.34 	parent providing care to a child placed in a family foster home under section 260C.007, 
2.35 	subdivision 16b; or the spouses spouse of any of the foregoing in or outside the child's own 
2.36 	home for gain or otherwise, on a regular basis, for any part of a 24-hour day.

2.37 	EFFECTIVE DATE. This section is effective August 7, 2023.

3.1 	Sec. 3. Minnesota Statutes 2020, section 119B.011, subdivision 13, is amended to read:
3.2 		Subd. 13.Family. "Family" means parents,; stepparents,; guardians and their spouses, 
3.3 	or; other eligible relative caregivers and their spouses,; relative custodians who accepted a 
3.4 	transfer of permanent legal and physical custody of a child under section 260C.515, 
3.5 	subdivision 4, or similar permanency disposition in Tribal code, and their spouses; successor 
3.6 	custodians or guardians as established according to section 256N.22, subdivision 10, and 
3.7 	their spouses; or foster parents providing care to a child placed in a family foster home 
3.8 	under section 260C.007, subdivision 16b, and their spouses; and their blood related the 
3.9 	blood-related dependent children and adoptive siblings under the age of 18 years living in 
3.10 	the same home including of the above. This definition includes children temporarily absent 
3.11 	from the household in settings such as schools, foster care, and residential treatment facilities 
3.12 	or parents, stepparents, guardians and their spouses, or other relative caregivers and their 
3.13 	spouses and adults temporarily absent from the household in settings such as schools, military 
3.14 	service, or rehabilitation programs. An adult family member who is not in an authorized 
3.15 	activity under this chapter may be temporarily absent for up to 60 days. When a minor 
3.16 	parent or parents and his, her, or their child or children are living with other relatives, and 
3.17 	the minor parent or parents apply for a child care subsidy, "family" means only the minor 
3.18 	parent or parents and their child or children. An adult age 18 or older who meets this 
3.19 	definition of family and is a full-time high school or postsecondary student may be considered 
3.20 	a dependent member of the family unit if 50 percent or more of the adult's support is provided 
3.21 	by the parents,; stepparents,; guardians, and their spouses; relative custodians who accepted 
3.22 	a transfer of permanent legal and physical custody of a child under section 260C.515, 
3.23 	subdivision 4, or similar permanency disposition in Tribal code, and their spouses; successor 
3.24 	custodians or guardians as established according to section 256N.22, subdivision 10, and 
3.25 	their spouses; foster parents providing care to a child placed in a family foster home under 
3.26 	section 260C.007, subdivision 16b, and their spouses; or eligible relative caregivers and 
3.27 	their spouses residing in the same household.

3.28 	EFFECTIVE DATE. This section is effective August 7, 2023.

3.29 	Sec. 4. Minnesota Statutes 2020, section 119B.011, subdivision 19b, is amended to read:
3.30 		Subd. 19b.Student parent. "Student parent" means a person who is:
3.31 	(1) under 21 years of age and has a child;
3.32 	(2) pursuing a high school diploma or commissioner of education-selected high school 
3.33 	equivalency certification; and
4.1 	(3) residing within a county that has a basic sliding fee waiting list under section 119B.03, 
4.2 	subdivision 4; and
4.3 	(4) (3) not an MFIP participant.

4.4 	EFFECTIVE DATE. This section is effective July 10, 2023.

4.5 	Sec. 5. Minnesota Statutes 2020, section 119B.02, subdivision 1, is amended to read:
4.6 		Subdivision 1.Child care services. The commissioner shall develop standards for county 
4.7 	and human services boards to provide child care services to enable eligible families to 
4.8 	participate in employment, training, or education programs. Within the limits of available 
4.9 	appropriations, The commissioner shall distribute money to counties to reduce the costs of 
4.10 	child care for eligible families. The commissioner shall adopt rules to govern the program 
4.11 	in accordance with this section. The rules must establish a sliding schedule of fees for parents 
4.12 	receiving child care services. The rules shall provide that funds received as a lump-sum 
4.13 	payment of child support arrearages shall not be counted as income to a family in the month 
4.14 	received but shall be prorated over the 12 months following receipt and added to the family 
4.15 	income during those months. The commissioner shall maximize the use of federal money 
4.16 	under title I and title IV of Public Law 104-193, the Personal Responsibility and Work 
4.17 	Opportunity Reconciliation Act of 1996, and other programs that provide federal or state 
4.18 	reimbursement for child care services for low-income families who are in education, training, 
4.19 	job search, or other activities allowed under those programs. Money appropriated under 
4.20 	this section must be coordinated with the programs that provide federal reimbursement for 
4.21 	child care services to accomplish this purpose. Federal reimbursement obtained must be 
4.22 	allocated to the county that spent money for child care that is federally reimbursable under 
4.23 	programs that provide federal reimbursement for child care services. The counties
4.24 	commissioner shall use the federal money to expand child care services. The commissioner 
4.25 	may adopt rules under chapter 14 to implement and coordinate federal program requirements.

4.26 	EFFECTIVE DATE. This section is effective July 10, 2023.

4.27 	Sec. 6. Minnesota Statutes 2020, section 119B.02, subdivision 2, is amended to read:
4.28 		Subd. 2.Contractual agreements with tribes. The commissioner may enter into 
4.29 	contractual agreements with a federally recognized Indian tribe with a reservation in 
4.30 	Minnesota to carry out the responsibilities of county human service agencies to the extent 
4.31 	necessary for the tribe to operate child care assistance programs under sections 119B.03
4.32 	and 119B.05 for families eligible under this chapter. An agreement may allow the state to 
4.33 	make payments for child care assistance services provided under section 119B.05 this 
5.1 	chapter. The commissioner shall consult with the affected county or counties in the 
5.2 	contractual agreement negotiations, if the county or counties wish to be included, in order 
5.3 	to avoid the duplication of county and tribal child care services. Funding to support services 
5.4 	under section 119B.03 may be transferred to the federally recognized Indian tribe with a 
5.5 	reservation in Minnesota from allocations available to counties in which reservation 
5.6 	boundaries lie. When funding is transferred under section 119B.03, the amount shall be 
5.7 	commensurate to estimates of the proportion of reservation residents with characteristics 
5.8 	identified in section 119B.03, subdivision 6, to the total population of county residents with 
5.9 	those same characteristics.

5.10 	EFFECTIVE DATE. This section is effective July 10, 2023.

5.11 	Sec. 7. Minnesota Statutes 2020, section 119B.03, subdivision 3, is amended to read:
5.12 		Subd. 3.Eligible participants. Families that meet the eligibility requirements under 
5.13 	sections 119B.09 and 119B.10, except MFIP participants, diversionary work program, and 
5.14 	transition year families are eligible for child care assistance under the basic sliding fee child 
5.15 	care assistance program. Families enrolled in the basic sliding fee program shall be continued 
5.16 	until they are no longer eligible. Child care assistance provided through the child care fund 
5.17 	is considered assistance to the parent.

5.18 	EFFECTIVE DATE. This section is effective July 10, 2023.

5.19 	Sec. 8. Minnesota Statutes 2020, section 119B.03, subdivision 9, is amended to read:
5.20 		Subd. 9.Portability pool Family move; continued participation. (a) The commissioner 
5.21 	shall establish a pool of up to five percent of the annual appropriation for the basic sliding 
5.22 	fee program to provide continuous child care assistance for eligible families who move 
5.23 	between Minnesota counties. At the end of each allocation period, any unspent funds in the 
5.24 	portability pool must be used for assistance under the basic sliding fee program. If 
5.25 	expenditures from the portability pool exceed the amount of money available, the reallocation 
5.26 	pool must be reduced to cover these shortages.
5.27 	(b) A family that has moved from a county in which it A family receiving child care 
5.28 	assistance under the child care fund that has moved from a county where the family was 
5.29 	receiving basic sliding fee child care assistance to a another Minnesota county with a waiting 
5.30 	list for the basic sliding fee program must be admitted into the new county's child care 
5.31 	assistance program if the family:
6.1 	(1) meet meets the income and eligibility guidelines for the basic sliding fee child care 
6.2 	assistance program; and
6.3 	(2) notify notifies the family's previous county of residence of the family's move to a 
6.4 	new county of residence.
6.5 	(c) (b) The receiving county must:
6.6 	(1) accept administrative responsibility for applicants for portable basic sliding fee 
6.7 	assistance a child care program-eligible family that has moved into the county at the end 
6.8 	of the two months of assistance under the Unitary Residency Act;.
6.9 	(2) continue portability pool basic sliding fee assistance until the family is able to receive 
6.10 	assistance under the county's regular basic sliding program; and
6.11 	(3) notify the commissioner through the quarterly reporting process of any family that 
6.12 	meets the criteria of the portable basic sliding fee assistance pool.

6.13 	EFFECTIVE DATE. This section is effective July 10, 2023.

6.14 	Sec. 9. Minnesota Statutes 2020, section 119B.03, subdivision 10, is amended to read:
6.15 		Subd. 10.Application; entry points. Two or more methods of applying for the basic 
6.16 	sliding fee child care assistance program under this chapter must be available to applicants 
6.17 	in each county. To meet the requirements of this subdivision, a county may provide 
6.18 	alternative methods of applying for assistance, including, but not limited to, a mail 
6.19 	application, or application sites that are located outside of government offices.

6.20 	EFFECTIVE DATE. This section is effective July 10, 2023.

6.21 	Sec. 10. Minnesota Statutes 2020, section 119B.035, subdivision 1, is amended to read:
6.22 		Subdivision 1.Establishment. A family in which a parent provides care for the family's 
6.23 	infant child may receive a subsidy in lieu of assistance if the family is eligible for or is 
6.24 	receiving assistance under the basic sliding feechild care assistance program. An eligible 
6.25 	family must meet the eligibility factors under section 119B.09, except as provided in 
6.26 	subdivision 4, and the requirements of this section. Subject to federal match and maintenance 
6.27 	of effort requirements for the child care and development fund, and up to available 
6.28 	appropriations, the commissioner shall provide assistance under the at-home infant child 
6.29 	care program and for administrative costs associated with the program. At the end of a fiscal 
6.30 	year, the commissioner may carry forward any unspent funds under this section to the next 
7.1 	fiscal year within the same biennium for assistance under the basic sliding feechild care 
7.2 	assistance program.

7.3 	EFFECTIVE DATE. This section is effective July 10, 2023.

7.4 	Sec. 11. Minnesota Statutes 2020, section 119B.035, subdivision 2, is amended to read:
7.5 		Subd. 2.Eligible families. A family with an infant under the age of one year is eligible 
7.6 	for assistance if:
7.7 	(1) the family is not receiving MFIP, other cash assistance, or other child care assistance;
7.8 	(2) the family has not previously received a lifelong total of 12 months of assistance 
7.9 	under this section; and
7.10 	(3) the family is participating in the basic sliding fee child care assistance program or 
7.11 	provides verification of participating in an authorized activity at the time of application and 
7.12 	meets the program requirements.

7.13 	EFFECTIVE DATE. This section is effective July 10, 2023.

7.14 	Sec. 12. Minnesota Statutes 2020, section 119B.035, subdivision 4, is amended to read:
7.15 		Subd. 4.Assistance. (a) A family is limited to a lifetime total of 12 months of assistance 
7.16 	under subdivision 2. The maximum rate of assistance is equal to 68 percent of the rate 
7.17 	established under section 119B.13 for care of infants in licensed family child care in the 
7.18 	applicant's county of residence.
7.19 	(b) A participating family must report income and other family changes as specified in 
7.20 	sections 256P.06 and 256P.07, and the county's plan under section 119B.08, subdivision 3.
7.21 	(c) Persons who are admitted to the at-home infant child care program retain their position 
7.22 	in any basic sliding fee program. Persons leaving the at-home infant child care program 
7.23 	reenter the basic sliding fee program at the position they would have occupied.
7.24 	(d) (c) Assistance under this section does not establish an employer-employee relationship 
7.25 	between any member of the assisted family and the county or state.

7.26 	EFFECTIVE DATE. This section is effective July 10, 2023.

7.27 	Sec. 13. Minnesota Statutes 2020, section 119B.035, subdivision 5, is amended to read:
7.28 		Subd. 5.Implementation. The commissioner shall implement the at-home infant child 
7.29 	care program under this section through counties that administer the basic sliding fee child 
7.30 	care assistance program under section 119B.03 this chapter. The commissioner must develop 
8.1 	and distribute consumer information on the at-home infant child care program to assist 
8.2 	parents of infants or expectant parents in making informed child care decisions.

8.3 	EFFECTIVE DATE. This section is effective July 10, 2023.

8.4 	Sec. 14. Minnesota Statutes 2020, section 119B.08, subdivision 3, is amended to read:
8.5 		Subd. 3.Child care fund plan. The county and designated administering agency shall 
8.6 	submit a biennial child care fund plan to the commissioner. The commissioner shall establish 
8.7 	the dates by which the county must submit the plans. The plan shall include:
8.8 	(1) a description of strategies to coordinate and maximize public and private community 
8.9 	resources, including school districts, health care facilities, government agencies, 
8.10 	neighborhood organizations, and other resources knowledgeable in early childhood 
8.11 	development, in particular to coordinate child care assistance with existing community-based 
8.12 	programs and service providers including child care resource and referral programs, early 
8.13 	childhood family education, school readiness, Head Start, local interagency early intervention 
8.14 	committees, special education services, early childhood screening, and other early childhood 
8.15 	care and education services and programs to the extent possible, to foster collaboration 
8.16 	among agencies and other community-based programs that provide flexible, family-focused 
8.17 	services to families with young children and to facilitate transition into kindergarten. The 
8.18 	county must describe a method by which to share information, responsibility, and 
8.19 	accountability among service and program providers;
8.20 	(2) a description of procedures and methods to be used to make copies of the proposed 
8.21 	state plan reasonably available to the public, including members of the public particularly 
8.22 	interested in child care policies such as parents, child care providers, culturally specific 
8.23 	service organizations, child care resource and referral programs, interagency early 
8.24 	intervention committees, potential collaborative partners and agencies involved in the 
8.25 	provision of care and education to young children, and allowing sufficient time for public 
8.26 	review and comment; and
8.27 	(3) information as requested by the department to ensure compliance with the child care 
8.28 	fund statutes and rules promulgated by the commissioner.
8.29 	The commissioner shall notify counties within 90 days of the date the plan is submitted 
8.30 	whether the plan is approved or the corrections or information needed to approve the plan. 
8.31 	The commissioner shall withhold a county's allocation until it has an approved plan. Plans 
8.32 	not approved by the end of the second quarter after the plan is due may result in a 25 percent 
8.33 	reduction in allocation. Plans not approved by the end of the third quarter after the plan is 
9.1 	due may result in a 100 percent reduction in the allocation to the county payments to a 
9.2 	county until it has an approved plan. Counties are to maintain services despite any reduction 
9.3 	in their allocation withholding of payments due to plans not being approved.

9.4 	EFFECTIVE DATE. This section is effective July 10, 2023.

9.5 	Sec. 15. Minnesota Statutes 2020, section 119B.11, subdivision 1, is amended to read:
9.6 		Subdivision 1.County contributions required. (a) In addition to payments from basic 
9.7 	sliding fee child care assistance program participants, each county shall contribute from 
9.8 	county tax or other sources a fixed local match equal to its calendar year 1996 required 
9.9 	county contribution reduced by the administrative funding loss that would have occurred 
9.10 	in state fiscal year 1996 under section 119B.15. The commissioner shall recover funds from 
9.11 	the county as necessary to bring county expenditures into compliance with this subdivision. 
9.12 	The commissioner may accept county contributions, including contributions above the fixed 
9.13 	local match, in order to make state payments.
9.14 	(b) The commissioner may accept payments from counties to:
9.15 	(1) fulfill the county contribution as required under subdivision 1;
9.16 	(2) pay for services authorized under this chapter beyond those paid for with federal or 
9.17 	state funds or with the required county contributions; or
9.18 	(3) pay for child care services in addition to those authorized under this chapter, as 
9.19 	authorized under other federal, state, or local statutes or regulations.
9.20 	(c) The county payments must be deposited in an account in the special revenue fund. 
9.21 	Money in this account is appropriated to the commissioner for child care assistance under 
9.22 	this chapter and other applicable statutes and regulations and is in addition to other state 
9.23 	and federal appropriations.

9.24 	EFFECTIVE DATE. This section is effective July 10, 2023.

9.25 	Sec. 16. Minnesota Statutes 2021 Supplement, section 119B.13, subdivision 1, is amended 
9.26 	to read:
9.27 		Subdivision 1.Subsidy restrictions. (a) Beginning November 15, 2021 October 3, 2022, 
9.28 	the maximum rate paid for child care assistance in any county or county price cluster under 
9.29 	the child care fund shall be:
9.30 	(1) for all infants and toddlers, the greater of the 40th 75th percentile of the 2021 child 
9.31 	care provider rate survey or and the rates in effect at the time of the update; and.
10.1 	(2) for all preschool and school-age children, the greater of the 30th percentile of the 
10.2 	2021 child care provider rate survey or the rates in effect at the time of the update.
10.3 	(b) Beginning the first full service period on or after January 1, 2025, and every three 
10.4 	years thereafter, the maximum rate paid for child care assistance in a county or county price 
10.5 	cluster under the child care fund shall be:
10.6 	(1) for all infants and toddlers, the greater of the 40th 75th percentile of the 2024 most 
10.7 	recent child care provider rate survey or and the rates in effect at the time of the update; 
10.8 	and.
10.9 	(2) for all preschool and school-age children, the greater of the 30th percentile of the 
10.10 	2024 child care provider rate survey or the rates in effect at the time of the update.
10.11 	The rates under paragraph (a) continue until the rates under this paragraph go into effect.
10.12 	(c) For a child care provider located within the boundaries of a city located in two or 
10.13 	more of the counties of Benton, Sherburne, and Stearns, the maximum rate paid for child 
10.14 	care assistance shall be equal to the maximum rate paid in the county with the highest 
10.15 	maximum reimbursement rates or the provider's charge, whichever is less. The commissioner 
10.16 	may: (1) assign a county with no reported provider prices to a similar price cluster; and (2) 
10.17 	consider county level access when determining final price clusters.
10.18 	(d) A rate which includes a special needs rate paid under subdivision 3 may be in excess 
10.19 	of the maximum rate allowed under this subdivision.
10.20 	(e) The department shall monitor the effect of this paragraph on provider rates. The 
10.21 	county shall pay the provider's full charges for every child in care up to the maximum 
10.22 	established. The commissioner shall determine the maximum rate for each type of care on 
10.23 	an hourly, full-day, and weekly basis, including special needs and disability care.
10.24 	(f) If a child uses one provider, the maximum payment for one day of care must not 
10.25 	exceed the daily rate. The maximum payment for one week of care must not exceed the 
10.26 	weekly rate.
10.27 	(g) If a child uses two providers under section 119B.097, the maximum payment must 
10.28 	not exceed:
10.29 	(1) the daily rate for one day of care;
10.30 	(2) the weekly rate for one week of care by the child's primary provider; and
10.31 	(3) two daily rates during two weeks of care by a child's secondary provider.
11.1 	(h) Child care providers receiving reimbursement under this chapter must not be paid 
11.2 	activity fees or an additional amount above the maximum rates for care provided during 
11.3 	nonstandard hours for families receiving assistance.
11.4 	(i) If the provider charge is greater than the maximum provider rate allowed, the parent 
11.5 	is responsible for payment of the difference in the rates in addition to any family co-payment 
11.6 	fee.
11.7 	(j) Beginning October 3, 2022, the maximum registration fee paid for child care assistance 
11.8 	in any county or county price cluster under the child care fund shall be set as follows: (1) 
11.9 	beginning November 15, 2021, the greater of the 40th 75th percentile of the 2021 most 
11.10 	recent child care provider rate survey or and the registration fee in effect at the time of the 
11.11 	update; and (2) beginning the first full service period on or after January 1, 2025, the 
11.12 	maximum registration fee shall be the greater of the 40th percentile of the 2024 child care 
11.13 	provider rate survey or the registration fee in effect at the time of the update. The registration 
11.14 	fees under clause (1) continue until the registration fees under clause (2) go into effect.
11.15 	(k) Maximum registration fees must be set for licensed family child care and for child 
11.16 	care centers. For a child care provider located in the boundaries of a city located in two or 
11.17 	more of the counties of Benton, Sherburne, and Stearns, the maximum registration fee paid 
11.18 	for child care assistance shall be equal to the maximum registration fee paid in the county 
11.19 	with the highest maximum registration fee or the provider's charge, whichever is less.

11.20 	Sec. 17. Minnesota Statutes 2020, section 119B.15, is amended to read:
11.21 	119B.15 ADMINISTRATIVE EXPENSES.
11.22 	The commissioner shall use up to 1/21 of the state and federal funds available for the 
11.23 	basic sliding fee program and 1/21 of the state and federal funds available for the MFIP
11.24 	child care assistance program for payments to counties for administrative expenses. The 
11.25 	commissioner shall make monthly payments to each county based on direct service 
11.26 	expenditures. Payments may be withheld if monthly reports are incomplete or untimely.

11.27 	EFFECTIVE DATE. This section is effective July 10, 2023.

11.28 	Sec. 18. Minnesota Statutes 2020, section 119B.19, subdivision 7, is amended to read:
11.29 		Subd. 7.Child care resource and referral programs. Within each region, a child care 
11.30 	resource and referral program must:
11.31 	(1) maintain one database of all existing child care resources and services and one 
11.32 	database of family referrals;
12.1 	(2) provide a child care referral service for families;
12.2 	(3) develop resources to meet the child care service needs of families;
12.3 	(4) increase the capacity to provide culturally responsive child care services;
12.4 	(5) coordinate professional development opportunities for child care and school-age 
12.5 	care providers;
12.6 	(6) administer and award child care services grants;
12.7 	(7) cooperate with the Minnesota Child Care Resource and Referral Network and its 
12.8 	member programs to develop effective child care services and child care resources; and
12.9 	(8) assist in fostering coordination, collaboration, and planning among child care programs 
12.10 	and community programs such as school readiness, Head Start, early childhood family 
12.11 	education, local interagency early intervention committees, early childhood screening, 
12.12 	special education services, and other early childhood care and education services and 
12.13 	programs that provide flexible, family-focused services to families with young children to 
12.14 	the extent possible.;
12.15 	(9) administer the child care one-stop regional assistance network to assist child care 
12.16 	providers and individuals interested in becoming child care providers with establishing and 
12.17 	sustaining a licensed family child care or group family child care program or a child care 
12.18 	center; and
12.19 	(10) provide supports that enable economically challenged individuals to obtain the job 
12.20 	skills training, career counseling, and job placement assistance necessary to begin a career 
12.21 	path in child care.

12.22 	Sec. 19. Minnesota Statutes 2020, section 119B.24, is amended to read:
12.23 	119B.24 DUTIES OF COMMISSIONER.
12.24 	In addition to the powers and duties already conferred by law, the commissioner of 
12.25 	human services shall:
12.26 	(1) administer the child care fund, including the basic sliding fee program authorized 
12.27 	under sections 119B.011 to 119B.16;
12.28 	(2) monitor the child care resource and referral programs established under section 
12.29 	119B.19; and
12.30 	(3) encourage child care providers to participate in a nationally recognized accreditation 
12.31 	system for early childhood and school-age care programs. Subject to approval by the 
13.1 	commissioner, family child care providers and early childhood and school-age care programs 
13.2 	shall be reimbursed for one-half of the direct cost of accreditation fees, upon successful 
13.3 	completion of accreditation.

13.4 	EFFECTIVE DATE. This section is effective July 10, 2023.

13.5 	Sec. 20. [119B.27] SHARED SERVICES GRANTS.
13.6 	The commissioner of human services shall establish a grant program to enable family 
13.7 	child care providers to implement shared services alliances.

13.8 	EFFECTIVE DATE. This section is effective July 1, 2023.

13.9 	Sec. 21. [119B.28] CHILD CARE PROVIDER ACCESS TO TECHNOLOGY 
13.10 	GRANTS.
13.11 	The commissioner of human services shall distribute money provided by this section 
13.12 	through grants to one or more organizations to offer grants or other supports to child care 
13.13 	providers to improve their access to computers, the Internet, subscriptions to online child 
13.14 	care management applications, and other technologies intended to improve their business 
13.15 	practices. Up to ten percent of the grant funds may be used for administration of this program.

13.16 	Sec. 22. Minnesota Statutes 2020, section 256.017, subdivision 9, is amended to read:
13.17 		Subd. 9.Timing and disposition of penalty and case disallowance funds. Quality 
13.18 	control case penalty and administrative penalty amounts shall be disallowed or withheld 
13.19 	from the next regular reimbursement made to the county agency for state and federal benefit 
13.20 	reimbursements and federal administrative reimbursements for all programs covered in this 
13.21 	section, according to procedures established in statute, but shall not be imposed sooner than 
13.22 	30 calendar days from the date of written notice of such penalties. Except for penalties 
13.23 	withheld under the child care assistance program, All penalties must be deposited in the 
13.24 	county incentive fund provided in section 256.018. Penalties withheld under the child care 
13.25 	assistance program shall be reallocated to counties using the allocation formula under section 
13.26 	119B.03, subdivision 5. All penalties must be imposed according to this provision until a 
13.27 	decision is made regarding the status of a written exception. Penalties must be returned to 
13.28 	county agencies when a review of a written exception results in a decision in their favor.

14.1 	Sec. 23. DIRECTION TO COMMISSIONER; ALLOCATING BASIC SLIDING 
14.2 	FEE FUNDS.
 14.3 	Notwithstanding Minnesota Statutes, section 119B.03, subdivisions 6, 6a, and 6b, the 
14.4 	commissioner of human services must allocate additional basic sliding fee child care money 
14.5 	for calendar year 2024 to counties and Tribes to account for the change in the definition of 
14.6 	family in sections 1 to 3. In allocating the additional money, the commissioner shall consider:
14.7 	(1) the number of children in the county or Tribe who receive care from a relative 
14.8 	custodian who accepted a transfer of permanent legal and physical custody of a child under 
14.9 	section 260C.515, subdivision 4, or similar permanency disposition in Tribal code; successor 
14.10 	custodian or guardian as established according to section 256N.22, subdivision 10; or foster 
14.11 	parents in a family foster home under section 260C.007, subdivision 16b; and
14.12 	(2) the average basic sliding fee cost of care in the county or Tribe.

14.13 	Sec. 24. DIRECTION TO COMMISSIONER OF MANAGEMENT AND BUDGET.
 14.14 	The state obligation for the child care assistance program under Minnesota Statutes, 
14.15 	chapter 119B, must be included in the Department of Management and Budget February 
14.16 	and November forecast of state revenues and expenditures under Minnesota Statutes, section 
14.17 	16A.103, beginning with the February 2023 forecast.

14.18 	Sec. 25. INCREASE FOR MAXIMUM RATES.
 14.19 	Notwithstanding Minnesota Statutes, section 119B.03, subdivisions 6, 6a, and 6b, the 
14.20 	commissioner of human services shall allocate the additional basic sliding fee child care 
14.21 	funds for calendar year 2023 to counties for updated maximum rates based on relative need 
14.22 	to cover maximum rate increases. In distributing the additional funds, the commissioner 
14.23 	shall consider the following factors by county:
14.24 	(1) number of children covered by the county;
14.25 	(2) provider types that care for covered children;
14.26 	(3) age of covered children; and
14.27 	(4) amount of the increase in maximum rates.

15.1 	Sec. 26. DIRECTION TO THE COMMISSIONER OF HUMAN SERVICES; CHILD 
15.2 	CARE AND DEVELOPMENT FUND ALLOCATION.
 15.3 	The commissioner of human services shall allocate $75,364,000 in fiscal year 2023 from 
15.4 	the child care and development fund for rate and registration fee increases under Minnesota 
15.5 	Statutes, section 119B.13, subdivision 1, paragraphs (a) and (j). This is a onetime allocation.

15.6 	Sec. 27. REPEALER.
 15.7 	(a) Minnesota Statutes 2020, section 119B.03, subdivisions 1, 2, 4, 5, 6a, 6b, and 8, are 
15.8 	repealed.
15.9 	(b) Minnesota Statutes 2021 Supplement, section 119B.03, subdivisions 4a and 6, are 
15.10 	repealed.

15.11 	EFFECTIVE DATE. This section is effective July 10, 2023.

15.12 	ARTICLE 2
15.13 	CHILD WELFARE

15.14 	Section 1. Minnesota Statutes 2020, section 260C.451, subdivision 8, is amended to read:
15.15 		Subd. 8.Notice of termination of foster care. When a child in foster care between the 
15.16 	ages of 18 and 21 ceases to meet one of the eligibility criteria of subdivision 3a, the 
15.17 	responsible social services agency shall give the child written notice that foster care will 
15.18 	terminate 30 days from the date the notice is sent. The child or the child's guardian ad litem 
15.19 	may file a motion asking the court to review the agency's determination within 15 days of 
15.20 	receiving the notice. The agency shall work with the child to prepare for the child's transition 
15.21 	out of foster care and provide the personalized transition plan required to be developed 
15.22 	under section 260C.452, subdivision 4, to the court if the motion is filed.The child shall 
15.23 	not be discharged from foster care until the motion is heard. The agency shall work with 
15.24 	the child to transition out of foster care as required under section 260C.203, paragraph (d), 
15.25 	clause (2). The written notice of termination of benefits shall be on a form prescribed by 
15.26 	the commissioner and shall also give notice of the right to have the agency's determination 
15.27 	reviewed by the court in the proceeding where the court conducts the reviews required under 
15.28 	section 260C.203, 260C.317, or 260C.515, subdivision 5 or 6. A copy of the termination 
15.29 	notice shall be sent to the child and the child's attorney, if any, the foster care provider, the 
15.30 	child's guardian ad litem, and the court. The agency is not responsible for paying foster care 
15.31 	benefits for any period of time after the child actually leaves foster care.

16.1 	Sec. 2. Minnesota Statutes 2020, section 260C.451, is amended by adding a subdivision 
16.2 	to read:
16.3 		Subd. 8a.Transition planning. For a youth who will be discharged from foster care at 
16.4 	18 years of age or older, the responsible social services agency must develop a personalized 
16.5 	transition plan as directed by the youth during the 180-day period immediately prior to the 
16.6 	expected date of discharge according to section 260C.452, subdivision 4. The personalized 
16.7 	transition plan shall include the support beyond 21 program under subdivision 8b for eligible 
16.8 	youth. This plan may be shared with a contracted agency providing case management 
16.9 	services under section 260C.452 with the youth's consent.

16.10 	Sec. 3. Minnesota Statutes 2020, section 260C.451, is amended by adding a subdivision 
16.11 	to read:
16.12 		Subd. 8b.Support beyond 21 program. For a youth who was eligible for extended 
16.13 	foster care under subdivision 3 and is discharged at age 21, the responsible social services 
16.14 	agency must ensure the youth is referred to the support beyond 21 program. The support 
16.15 	beyond 21 program provides one additional year of financial support for housing and basic 
16.16 	needs to assist youth aging out of extended foster care at age 21. A youth receiving benefits 
16.17 	under the support beyond 21 program is also eligible for the successful transition to adulthood 
16.18 	program for additional support under section 260C.452. A youth who transitions to residential 
16.19 	services under sections 256B.092 and 256B.49 is not eligible for the support beyond 21 
16.20 	program.

16.21 	ARTICLE 3
16.22 	ECONOMIC ASSISTANCE

16.23 	Section 1. Minnesota Statutes 2020, section 119B.011, subdivision 15, is amended to read:
16.24 		Subd. 15.Income. (a) "Income" means earned income as defined under section 256P.01, 
16.25 	subdivision 3, unearned income as defined under section 256P.01, subdivision 8, and public 
16.26 	assistance cash benefits, including the Minnesota family investment program, diversionary 
16.27 	work program, work benefit, Minnesota supplemental aid, general assistance, refugee cash 
16.28 	assistance, at-home infant child care subsidy payments, and child support and maintenance 
16.29 	distributed to the a family under section 256.741, subdivision 2a., and nonrecurring income 
16.30 	over $60 per quarter unless the nonrecurring income is:
16.31 	(1) from tax refunds, tax rebates, or tax credits;
17.1 	(2) from a reimbursement, rebate, award, grant, or refund of personal or real property 
17.2 	or costs or losses incurred when these payments are made by a public agency, a court, a 
17.3 	solicitation through public appeal, the federal government, a state or local unit of government, 
17.4 	or a disaster assistance organization;
17.5 	(3) provided as an in-kind benefit; or
17.6 	(4) earmarked and used for the purpose for which it was intended.
17.7 	(b) The following are deducted from income: funds used to pay for health insurance 
17.8 	premiums for family members, and child or spousal support paid to or on behalf of a person 
17.9 	or persons who live outside of the household. Income sources not included in this subdivision 
17.10 	and section 256P.06, subdivision 3, are not counted as income.

17.11 	Sec. 2. Minnesota Statutes 2020, section 119B.025, subdivision 4, is amended to read:
17.12 		Subd. 4.Changes in eligibility. (a) The county shall process a change in eligibility 
17.13 	factors according to paragraphs (b) to (g).
17.14 	(b) A family is subject to the reporting requirements in section 256P.07, subdivision 6.
17.15 	(c) If a family reports a change or a change is known to the agency before the family's 
17.16 	regularly scheduled redetermination, the county must act on the change. The commissioner 
17.17 	shall establish standards for verifying a change.
17.18 	(d) A change in income occurs on the day the participant received the first payment 
17.19 	reflecting the change in income.
17.20 	(e) During a family's 12-month eligibility period, if the family's income increases and 
17.21 	remains at or below 85 percent of the state median income, adjusted for family size, there 
17.22 	is no change to the family's eligibility. The county shall not request verification of the 
17.23 	change. The co-payment fee shall not increase during the remaining portion of the family's 
17.24 	12-month eligibility period.
17.25 	(f) During a family's 12-month eligibility period, if the family's income increases and 
17.26 	exceeds 85 percent of the state median income, adjusted for family size, the family is not 
17.27 	eligible for child care assistance. The family must be given 15 calendar days to provide 
17.28 	verification of the change. If the required verification is not returned or confirms ineligibility, 
17.29 	the family's eligibility ends following a subsequent 15-day adverse action notice.
17.30 	(g) Notwithstanding Minnesota Rules, parts 3400.0040, subpart 3, and 3400.0170, 
17.31 	subpart 1, if an applicant or participant reports that employment ended, the agency may 
18.1 	accept a signed statement from the applicant or participant as verification that employment 
18.2 	ended.

18.3 	EFFECTIVE DATE. This section is effective March 1, 2024.

18.4 	Sec. 3. Minnesota Statutes 2020, section 256D.03, is amended by adding a subdivision to 
18.5 	read:
18.6 		Subd. 2b.Budgeting and reporting. Every county agency shall determine eligibility 
18.7 	and calculate benefit amounts for general assistance according to chapter 256P.

18.8 	EFFECTIVE DATE. This section is effective March 1, 2024.

18.9 	Sec. 4. Minnesota Statutes 2020, section 256D.0516, subdivision 2, is amended to read:
18.10 		Subd. 2.SNAP reporting requirements. The commissioner of human services shall 
18.11 	implement simplified reporting as permitted under the Food and Nutrition Act of 2008, as 
18.12 	amended, and the SNAP regulations in Code of Federal Regulations, title 7, part 273. SNAP 
18.13 	benefit recipient households required to report periodically shall not be required to report 
18.14 	more often than one time every six months. This provision shall not apply to households 
18.15 	receiving food benefits under the Minnesota family investment program waiver.

18.16 	EFFECTIVE DATE. This section is effective March 1, 2024.

18.17 	Sec. 5. Minnesota Statutes 2020, section 256D.06, subdivision 1, is amended to read:
18.18 		Subdivision 1.Eligibility; amount of assistance. General assistance shall be granted 
18.19 	to an individual or married couple in an amount that when added to the countable income 
18.20 	as determined to be actually equal to the difference between the countable income  available 
18.21 	to the assistance unit under section 256P.06, the total amount equals the applicable standard 
18.22 	of assistance for general assistance and the standard for the individual or married couple 
18.23 	using the MFIP transitional standard cash portion described in section 256J.24, subdivision 
18.24 	5, paragraph (a). In determining eligibility for and the amount of assistance for an individual 
18.25 	or married couple, the agency shall apply the earned income disregard as determined in 
18.26 	section 256P.03.

18.27 	EFFECTIVE DATE. This section is effective October 1, 2023.

18.28 	Sec. 6. Minnesota Statutes 2020, section 256D.06, subdivision 2, is amended to read:
18.29 		Subd. 2.Emergency need. (a) Notwithstanding the provisions of subdivision 1, a grant 
18.30 	of emergency general assistance shall, to the extent funds are available, be made to an 
19.1 	eligible single adult, married couple, or family for an emergency need where the recipient 
19.2 	requests temporary assistance not exceeding 30 days if an emergency situation appears to 
19.3 	exist under written criteria adopted by the county agency. If an applicant or recipient relates 
19.4 	facts to the county agency which may be sufficient to constitute an emergency situation, 
19.5 	the county agency shall, to the extent funds are available, advise the person of the procedure 
19.6 	for applying for assistance according to this subdivision.
19.7 	(b) The applicant must be ineligible for assistance under chapter 256J, must have annual 
19.8 	net income no greater than 200 percent of the federal poverty guidelines for the previous 
19.9 	calendar year, and may only receive an emergency assistance grant not more than once in 
19.10 	any 12-month period.
19.11 	(c) Funding for an emergency general assistance program is limited to the appropriation. 
19.12 	Each fiscal year, the commissioner shall allocate to counties the money appropriated for 
19.13 	emergency general assistance grants based on each county agency's average share of state's 
19.14 	emergency general expenditures for the immediate past three fiscal years as determined by 
19.15 	the commissioner, and may reallocate any unspent amounts to other counties. The 
19.16 	commissioner may disregard periods of pandemic or other disaster, including fiscal years 
19.17 	2021 and 2022, when determining the amount allocated to counties. No county shall be 
19.18 	allocated less than $1,000 for a fiscal year.
19.19 	(d) Any emergency general assistance expenditures by a county above the amount of 
19.20 	the commissioner's allocation to the county must be made from county funds.

19.21 	Sec. 7. Minnesota Statutes 2020, section 256D.06, subdivision 5, is amended to read:
19.22 		Subd. 5.Eligibility; requirements. (a) Any applicant, otherwise eligible for general 
19.23 	assistance and possibly eligible for maintenance benefits from any other source shall (1) 
19.24 	make application for those benefits within 30 90 days of the general assistance application, 
19.25 	unless an applicant had good cause to not apply within that period; and (2) execute an interim 
19.26 	assistance agreement on a form as directed by the commissioner.
19.27 	(b) The commissioner shall review a denial of an application for other maintenance 
19.28 	benefits and may require a recipient of general assistance to file an appeal of the denial if 
19.29 	appropriate. If found eligible for benefits from other sources, and a payment received from 
19.30 	another source relates to the period during which general assistance was also being received, 
19.31 	the recipient shall be required to reimburse the county agency for the interim assistance 
19.32 	paid. Reimbursement shall not exceed the amount of general assistance paid during the time 
19.33 	period to which the other maintenance benefits apply and shall not exceed the state standard 
19.34 	applicable to that time period.
20.1 	(c) The commissioner may contract with the county agencies, qualified agencies, 
20.2 	organizations, or persons to provide advocacy and support services to process claims for 
20.3 	federal disability benefits for applicants or recipients of services or benefits supervised by 
20.4 	the commissioner using money retained under this section.
20.5 	(d) The commissioner may provide methods by which county agencies shall identify, 
20.6 	refer, and assist recipients who may be eligible for benefits under federal programs for 
20.7 	people with a disability.
20.8 	(e) The total amount of interim assistance recoveries retained under this section for 
20.9 	advocacy, support, and claim processing services shall not exceed 35 percent of the interim 
20.10 	assistance recoveries in the prior fiscal year.

20.11 	Sec. 8. Minnesota Statutes 2020, section 256E.35, subdivision 1, is amended to read:
20.12 		Subdivision 1.Establishment. The Minnesota family assets for independence initiative 
20.13 	is established to provide incentives for low-income families to accrue assets for education, 
20.14 	housing, vehicles, emergencies, and economic development purposes.

20.15 	EFFECTIVE DATE. This section is effective July 1, 2022.

20.16 	Sec. 9. Minnesota Statutes 2020, section 256E.35, subdivision 2, is amended to read:
20.17 		Subd. 2.Definitions. (a) The definitions in this subdivision apply to this section.
20.18 	(b) "Eligible educational institution" means the following:
20.19 	(1) an institution of higher education described in section 101 or 102 of the Higher 
20.20 	Education Act of 1965; or
20.21 	(2) an area vocational education school, as defined in subparagraph (C) or (D) of United 
20.22 	States Code, title 20, chapter 44, section 2302 (3) (the Carl D. Perkins Vocational and 
20.23 	Applied Technology Education Act), which is located within any state, as defined in United 
20.24 	States Code, title 20, chapter 44, section 2302 (30). This clause is applicable only to the 
20.25 	extent section 2302 is in effect on August 1, 2008.
20.26 	(c) "Family asset account" means a savings account opened by a household participating 
20.27 	in the Minnesota family assets for independence initiative.
20.28 	(d) "Fiduciary organization" means:
20.29 	(1) a community action agency that has obtained recognition under section 256E.31;
21.1 	(2) a federal community development credit union serving the seven-county metropolitan 
21.2 	area; or
21.3 	(3) a women-oriented economic development agency serving the seven-county 
21.4 	metropolitan area.;
21.5 	(4) a federally recognized Tribal nation; or
21.6 	(5) a nonprofit organization as defined under section 501(c)(3) of the Internal Revenue 
21.7 	Code.
21.8 	(e) "Financial coach" means a person who:
21.9 	(1) has completed an intensive financial literacy training workshop that includes 
21.10 	curriculum on budgeting to increase savings, debt reduction and asset building, building a 
21.11 	good credit rating, and consumer protection;
21.12 	(2) participates in ongoing statewide family assets for independence in Minnesota (FAIM) 
21.13 	network training meetings under FAIM program supervision; and
21.14 	(3) provides financial coaching to program participants under subdivision 4a.
21.15 	(f) "Financial institution" means a bank, bank and trust, savings bank, savings association, 
21.16 	or credit union, the deposits of which are insured by the Federal Deposit Insurance 
21.17 	Corporation or the National Credit Union Administration.
21.18 	(g) "Household" means all individuals who share use of a dwelling unit as primary 
21.19 	quarters for living and eating separate from other individuals.
21.20 	(h) "Permissible use" means:
21.21 	(1) postsecondary educational expenses at an eligible educational institution as defined 
21.22 	in paragraph (b), including books, supplies, and equipment required for courses of instruction;
21.23 	(2) acquisition costs of acquiring, constructing, or reconstructing a residence, including 
21.24 	any usual or reasonable settlement, financing, or other closing costs;
21.25 	(3) business capitalization expenses for expenditures on capital, plant, equipment, working 
21.26 	capital, and inventory expenses of a legitimate business pursuant to a business plan approved 
21.27 	by the fiduciary organization;
21.28 	(4) acquisition costs of a principal residence within the meaning of section 1034 of the 
21.29 	Internal Revenue Code of 1986 which do not exceed 100 percent of the average area purchase 
21.30 	price applicable to the residence determined according to section 143(e)(2) and (3) of the 
21.31 	Internal Revenue Code of 1986; and
22.1 	(5) acquisition costs of a personal vehicle only if approved by the fiduciary organization.;
22.2 	(6) contribution to an emergency savings account; and
22.3 	(7) contribution to a Minnesota 529 savings plan.

22.4 	EFFECTIVE DATE. This section is effective July 1, 2022.

22.5 	Sec. 10. Minnesota Statutes 2020, section 256E.35, subdivision 4a, is amended to read:
22.6 		Subd. 4a.Financial coaching. A financial coach shall provide the following to program 
22.7 	participants:
22.8 	(1) financial education relating to budgeting, debt reduction, asset-specific training, 
22.9 	credit building, and financial stability activities;
22.10 	(2) asset-specific training related to buying a home or vehicle, acquiring postsecondary 
22.11 	education, or starting or expanding a small business, saving for emergencies, or saving for 
22.12 	a child's education; and
22.13 	(3) financial stability education and training to improve and sustain financial security.

22.14 	EFFECTIVE DATE. This section is effective July 1, 2022.

22.15 	Sec. 11. Minnesota Statutes 2020, section 256E.35, subdivision 6, is amended to read:
22.16 		Subd. 6.Withdrawal; matching; permissible uses. (a) To receive a match, a 
22.17 	participating household must transfer funds withdrawn from a family asset account to its 
22.18 	matching fund custodial account held by the fiscal agent, according to the family asset 
22.19 	agreement. The fiscal agent must determine if the match request is for a permissible use 
22.20 	consistent with the household's family asset agreement.
22.21 	(b) The fiscal agent must ensure the household's custodial account contains the applicable 
22.22 	matching funds to match the balance in the household's account, including interest, on at 
22.23 	least a quarterly basis and at the time of an approved withdrawal. Matches must be a 
22.24 	contribution of $3 from state grant or TANF funds for every $1 of funds withdrawn from 
22.25 	the family asset account not to exceed a $6,000 $9,000 lifetime limit.
22.26 	(c) Notwithstanding paragraph (b), if funds are appropriated for the Federal Assets for 
22.27 	Independence Act of 1998, and a participating fiduciary organization is awarded a grant 
22.28 	under that act, participating households with that fiduciary organization must be provided 
22.29 	matches as follows:
23.1 	(1) from state grant and TANF funds, a matching contribution of $1.50 for every $1 of 
23.2 	funds withdrawn from the family asset account not to exceed a $3,000 $4,500 lifetime limit; 
23.3 	and
23.4 	(2) from nonstate funds, a matching contribution of not less than $1.50 for every $1 of 
23.5 	funds withdrawn from the family asset account not to exceed a $3,000 $4,500 lifetime limit.
23.6 	(d) Upon receipt of transferred custodial account funds, the fiscal agent must make a 
23.7 	direct payment to the vendor of the goods or services for the permissible use.

23.8 	EFFECTIVE DATE. This section is effective July 1, 2022.

23.9 	Sec. 12. Minnesota Statutes 2020, section 256E.36, subdivision 1, is amended to read:
23.10 		Subdivision 1.Definitions. (a) The definitions in this subdivision apply to this section.
23.11 	(b) "Commissioner" means the commissioner of human services.
23.12 	(c) "Eligible organization" means a local governmental unit, federally recognized Tribal 
23.13 	Nation, or nonprofit organization providing or seeking to provide emergency services for 
23.14 	homeless persons.
23.15 	(d) "Emergency services" means:
23.16 	(1) providing emergency shelter for homeless persons; and
23.17 	(2) assisting homeless persons in obtaining essential services, including:
23.18 	(i) access to permanent housing;
23.19 	(ii) medical and psychological help;
23.20 	(iii) employment counseling and job placement;
23.21 	(iv) substance abuse treatment;
23.22 	(v) financial assistance available from other programs;
23.23 	(vi) emergency child care;
23.24 	(vii) transportation; and
23.25 	(viii) other services needed to stabilize housing.

23.26 	EFFECTIVE DATE. This section is effective July 1, 2022.

24.1 	Sec. 13. [256E.361] EMERGENCY SHELTER FACILITIES GRANTS.
24.2 		Subdivision 1.Definitions. (a) For the purposes of this section, the terms defined in this 
24.3 	subdivision have the meanings given.
24.4 	(b) "Commissioner" means the commissioner of human services.
24.5 	(c) "Eligible organization" means a local governmental unit, federally recognized Tribal 
24.6 	Nation, or nonprofit organization seeking to acquire, construct, renovate, furnish, or equip 
24.7 	facilities for emergency homeless shelters for individuals and families experiencing 
24.8 	homelessness.
24.9 	(d) "Emergency services" has the meaning given in section 256E.36, subdivision 1, 
24.10 	paragraph (d).
24.11 	(e) "Emergency shelter facility" or "facility" means a facility that provides a safe, sanitary, 
24.12 	accessible, and suitable emergency shelter for individuals and families experiencing 
24.13 	homelessness, regardless of whether the facility provides emergency shelter for emergency 
24.14 	services during the day, overnight, or both.
24.15 		Subd. 2.Program established; purpose. An emergency shelter facilities grant program 
24.16 	is established to help eligible organizations acquire, construct, renovate, furnish, or equip 
24.17 	emergency shelter facilities for individuals and families experiencing homelessness. The 
24.18 	program shall be administered by the commissioner.
24.19 		Subd. 3.Distribution of grants. The commissioner must make grants with the purpose 
24.20 	of ensuring that emergency shelter facilities are available to meet the needs of individuals 
24.21 	and families experiencing homelessness statewide.
24.22 		Subd. 4.Applications. An eligible organization may apply to the commissioner for a 
24.23 	grant to acquire, construct, renovate, furnish, or equip an emergency shelter facility providing 
24.24 	or seeking to provide emergency services for individuals and families experiencing 
24.25 	homelessness. The commissioner shall use a competitive request for proposal process to 
24.26 	identify potential projects and eligible organizations on a statewide basis.
24.27 		Subd. 5.Criteria for grant awards. The commissioner shall award grants based on the 
24.28 	following criteria:
24.29 	(1) whether the application is for a grant to acquire, construct, renovate, furnish, or equip 
24.30 	an emergency shelter facility for individuals and families experiencing homelessness;
24.31 	(2) evidence of the applicant's need for state assistance and the need for the particular 
24.32 	facility to be funded; and
25.1 	(3) the applicant's long-range plans for future funding if the need continues to exist for 
25.2 	the emergency services provided at the facility.
25.3 		Subd. 6.Availability of appropriations. Appropriations under this section are available 
25.4 	for a four-year period that begins on July 1 of the fiscal year in which the appropriation 
25.5 	occurs. Unspent funds at the end of the four-year period shall cancel back to the general 
25.6 	fund.

25.7 	Sec. 14. Minnesota Statutes 2020, section 256I.03, subdivision 13, is amended to read:
25.8 		Subd. 13.Prospective budgeting. "Prospective budgeting" means estimating the amount 
25.9 	of monthly income a person will have in the payment month has the meaning given in 
25.10 	section 256P.01, subdivision 9.

25.11 	EFFECTIVE DATE. This section is effective March 1, 2024.

25.12 	Sec. 15. Minnesota Statutes 2020, section 256I.06, subdivision 6, is amended to read:
25.13 		Subd. 6.Reports. Recipients must report changes in circumstances according to section 
25.14 	256P.07that affect eligibility or housing support payment amounts, other than changes in 
25.15 	earned income, within ten days of the change. Recipients with countable earned income 
25.16 	must complete a household report form at least once every six months according to section 
25.17 	256P.10. If the report form is not received before the end of the month in which it is due, 
25.18 	the county agency must terminate eligibility for housing support payments. The termination 
25.19 	shall be effective on the first day of the month following the month in which the report was 
25.20 	due. If a complete report is received within the month eligibility was terminated, the 
25.21 	individual is considered to have continued an application for housing support payment 
25.22 	effective the first day of the month the eligibility was terminated.

25.23 	EFFECTIVE DATE. This section is effective March 1, 2024.

25.24 	Sec. 16. Minnesota Statutes 2021 Supplement, section 256I.06, subdivision 8, is amended 
25.25 	to read:
25.26 		Subd. 8.Amount of housing support payment. (a) The amount of a room and board 
25.27 	payment to be made on behalf of an eligible individual is determined by subtracting the 
25.28 	individual's countable income under section 256I.04, subdivision 1, for a whole calendar 
25.29 	month from the room and board rate for that same month. The housing support payment is 
25.30 	determined by multiplying the housing support rate times the period of time the individual 
25.31 	was a resident or temporarily absent under section 256I.05, subdivision 2a.
26.1 	(b) For an individual with earned income under paragraph (a), prospective budgeting 
26.2 	according to section 256P.09 must be used to determine the amount of the individual's 
26.3 	payment for the following six-month period. An increase in income shall not affect an 
26.4 	individual's eligibility or payment amount until the month following the reporting month. 
26.5 	A decrease in income shall be effective the first day of the month after the month in which 
26.6 	the decrease is reported.
26.7 	(c) For an individual who receives housing support payments under section 256I.04, 
26.8 	subdivision 1, paragraph (c), the amount of the housing support payment is determined by 
26.9 	multiplying the housing support rate times the period of time the individual was a resident.

26.10 	EFFECTIVE DATE. This section is effective March 1, 2024.

26.11 	Sec. 17. Minnesota Statutes 2020, section 256I.06, subdivision 10, is amended to read:
26.12 		Subd. 10.Correction of overpayments and underpayments. The agency shall make 
26.13 	an adjustment to housing support payments issued to individuals consistent with requirements 
26.14 	of federal law and regulation and state law and rule and shall issue or recover benefits as 
26.15 	appropriate. A recipient or former recipient is not responsible for overpayments due to 
26.16 	agency error, unless the amount of the overpayment is large enough that a reasonable person 
26.17 	would know it is an error.

26.18 	EFFECTIVE DATE. This section is effective July 1, 2022.

26.19 	Sec. 18. Minnesota Statutes 2020, section 256I.09, is amended to read:
26.20 	256I.09 COMMUNITY LIVING INFRASTRUCTURE.
26.21 	The commissioner shall award grants to agencies through an annual competitive process. 
26.22 	Grants awarded under this section may be used for: (1) outreach to locate and engage people 
26.23 	who are homeless or residing in segregated settings to screen for basic needs and assist with 
26.24 	referral to community living resources; (2) building capacity to provide technical assistance 
26.25 	and consultation on housing and related support service resources for persons with both 
26.26 	disabilities and low income; or (3) streamlining the administration and monitoring activities 
26.27 	related to housing support funds; or (4) direct assistance to individuals to access or maintain 
26.28 	housing in community settings. Agencies may collaborate and submit a joint application 
26.29 	for funding under this section.

27.1 	Sec. 19. Minnesota Statutes 2020, section 256J.08, subdivision 71, is amended to read:
27.2 		Subd. 71.Prospective budgeting. "Prospective budgeting" means a method of 
27.3 	determining the amount of the assistance payment in which the budget month and payment 
27.4 	month are the same has the meaning given in section 256P.01, subdivision 9.

27.5 	EFFECTIVE DATE. This section is effective March 1, 2024.

27.6 	Sec. 20. Minnesota Statutes 2020, section 256J.08, subdivision 79, is amended to read:
27.7 		Subd. 79.Recurring income. "Recurring income" means a form of income which is:
27.8 	(1) received periodically, and may be received irregularly when receipt can be anticipated 
27.9 	even though the date of receipt cannot be predicted; and
27.10 	(2) from the same source or of the same type that is received and budgeted in a 
27.11 	prospective month and is received in one or both of the first two retrospective months.

27.12 	EFFECTIVE DATE. This section is effective March 1, 2024.

27.13 	Sec. 21. Minnesota Statutes 2021 Supplement, section 256J.21, subdivision 3, is amended 
27.14 	to read:
27.15 		Subd. 3.Initial income test. (a) The agency shall determine initial eligibility by 
27.16 	considering all earned and unearned income as defined in section 256P.06. To be eligible 
27.17 	for MFIP, the assistance unit's countable income minus the earned income disregards in 
27.18 	paragraph (a) and section 256P.03 must be below the family wage level according to section 
27.19 	256J.24, subdivision 7, for that size assistance unit.
27.20 	(a) (b) The initial eligibility determination must disregard the following items:
27.21 	(1) the earned income disregard as determined in section 256P.03;
27.22 	(2) dependent care costs must be deducted from gross earned income for the actual 
27.23 	amount paid for dependent care up to a maximum of $200 per month for each child less 
27.24 	than two years of age, and $175 per month for each child two years of age and older;
27.25 	(3) all payments made according to a court order for spousal support or the support of 
27.26 	children not living in the assistance unit's household shall be disregarded from the income 
27.27 	of the person with the legal obligation to pay support; and
27.28 	(4) an allocation for the unmet need of an ineligible spouse or an ineligible child under 
27.29 	the age of 21 for whom the caregiver is financially responsible and who lives with the 
27.30 	caregiver according to section 256J.36.
28.1 	(b) After initial eligibility is established, (c) The income test is for a six-month period.
28.2 	The assistance payment calculation is based on the monthly income test prospective budgeting 
28.3 	according to section 256P.09.

28.4 	EFFECTIVE DATE. This section is effective March 1, 2024.

28.5 	Sec. 22. Minnesota Statutes 2020, section 256J.21, subdivision 4, is amended to read:
28.6 		Subd. 4.Monthly Income test and determination of assistance payment. The county 
28.7 	agency shall determine ongoing eligibility and the assistance payment amount according 
28.8 	to the monthly income test. To be eligible for MFIP, the result of the computations in 
28.9 	paragraphs (a) to (e) applied to prospective budgeting must be at least $1.
28.10 	(a) Apply an income disregard as defined in section 256P.03, to gross earnings and 
28.11 	subtract this amount from the family wage level. If the difference is equal to or greater than 
28.12 	the MFIP transitional standard, the assistance payment is equal to the MFIP transitional 
28.13 	standard. If the difference is less than the MFIP transitional standard, the assistance payment 
28.14 	is equal to the difference. The earned income disregard in this paragraph must be deducted 
28.15 	every month there is earned income.
28.16 	(b) All payments made according to a court order for spousal support or the support of 
28.17 	children not living in the assistance unit's household must be disregarded from the income 
28.18 	of the person with the legal obligation to pay support.
28.19 	(c) An allocation for the unmet need of an ineligible spouse or an ineligible child under 
28.20 	the age of 21 for whom the caregiver is financially responsible and who lives with the 
28.21 	caregiver must be made according to section 256J.36.
28.22 	(d) Subtract unearned income dollar for dollar from the MFIP transitional standard to 
28.23 	determine the assistance payment amount.
28.24 	(e) When income is both earned and unearned, the amount of the assistance payment 
28.25 	must be determined by first treating gross earned income as specified in paragraph (a). After 
28.26 	determining the amount of the assistance payment under paragraph (a), unearned income 
28.27 	must be subtracted from that amount dollar for dollar to determine the assistance payment 
28.28 	amount.
28.29 	(f) When the monthly income is greater than the MFIP transitional standard after 
28.30 	deductions and the income will only exceed the standard for one month, the county agency 
28.31 	must suspend the assistance payment for the payment month.

28.32 	EFFECTIVE DATE. This section is effective March 1, 2024.

29.1 	Sec. 23. Minnesota Statutes 2021 Supplement, section 256J.33, subdivision 1, is amended 
29.2 	to read:
29.3 		Subdivision 1.Determination of eligibility. (a) A county agency must determine MFIP 
29.4 	eligibility prospectively for a payment month based on retrospectively assessing income 
29.5 	and the county agency's best estimate of the circumstances that will exist in the payment 
29.6 	month.
29.7 	(b) Except as described in section 256J.34, subdivision 1, when prospective eligibility 
29.8 	exists, A county agency must calculate the amount of the assistance payment using 
29.9 	retrospective prospective budgeting. To determine MFIP eligibility and the assistance 
29.10 	payment amount, a county agency must apply countable income, described in sections 
29.11 	256P.06 and 256J.37, subdivisions 3 to 10 9, received by members of an assistance unit or 
29.12 	by other persons whose income is counted for the assistance unit, described under sections 
29.13 	256J.37, subdivisions 1 to 2, and 256P.06, subdivision 1.
29.14 	(c) This income must be applied to the MFIP standard of need or family wage level 
29.15 	subject to this section and sections 256J.34 to 256J.36. Countable income as described in 
29.16 	section 256P.06, subdivision 3, received in a calendar month must be applied to the needs 
29.17 	of an assistance unit.
29.18 	(d) An assistance unit is not eligible when the countable income equals or exceeds the 
29.19 	MFIP standard of need or the family wage level for the assistance unit.

29.20 	EFFECTIVE DATE. This section is effective March 1, 2024, except that the amendment 
29.21 	to paragraph (b) striking "10" and inserting "9" is effective July 1, 2023.

29.22 	Sec. 24. Minnesota Statutes 2020, section 256J.33, subdivision 2, is amended to read:
29.23 		Subd. 2.Prospective eligibility. An agency must determine whether the eligibility 
29.24 	requirements that pertain to an assistance unit, including those in sections 256J.11 to 256J.15
29.25 	and 256P.02, will be met prospectively for the payment month period. Except for the 
29.26 	provisions in section 256J.34, subdivision 1, The income test will be applied retrospectively
29.27 	prospectively.

29.28 	EFFECTIVE DATE. This section is effective March 1, 2024.

29.29 	Sec. 25. Minnesota Statutes 2020, section 256J.37, subdivision 3, is amended to read:
29.30 		Subd. 3.Earned income of wage, salary, and contractual employees. The agency 
29.31 	must include gross earned income less any disregards in the initial and monthly income 
29.32 	test. Gross earned income received by persons employed on a contractual basis must be 
30.1 	prorated over the period covered by the contract even when payments are received over a 
30.2 	lesser period of time.

30.3 	EFFECTIVE DATE. This section is effective March 1, 2024.

30.4 	Sec. 26. Minnesota Statutes 2020, section 256J.37, subdivision 3a, is amended to read:
30.5 		Subd. 3a.Rental subsidies; unearned income. (a) Effective July 1, 2003, the agency 
30.6 	shall count $50 of the value of public and assisted rental subsidies provided through the 
30.7 	Department of Housing and Urban Development (HUD) as unearned income to the cash 
30.8 	portion of the MFIP grant. The full amount of the subsidy must be counted as unearned 
30.9 	income when the subsidy is less than $50. The income from this subsidy shall be budgeted 
30.10 	according to section 256J.34 256P.09.
30.11 	(b) The provisions of this subdivision shall not apply to an MFIP assistance unit which 
30.12 	includes a participant who is:
30.13 	(1) age 60 or older;
30.14 	(2) a caregiver who is suffering from an illness, injury, or incapacity that has been 
30.15 	certified by a qualified professional when the illness, injury, or incapacity is expected to 
30.16 	continue for more than 30 days and severely limits the person's ability to obtain or maintain 
30.17 	suitable employment; or
30.18 	(3) a caregiver whose presence in the home is required due to the illness or incapacity 
30.19 	of another member in the assistance unit, a relative in the household, or a foster child in the 
30.20 	household when the illness or incapacity and the need for the participant's presence in the 
30.21 	home has been certified by a qualified professional and is expected to continue for more 
30.22 	than 30 days.
30.23 	(c) The provisions of this subdivision shall not apply to an MFIP assistance unit where 
30.24 	the parental caregiver is an SSI participant.

30.25 	EFFECTIVE DATE. This section is effective March 1, 2024.

30.26 	Sec. 27. Minnesota Statutes 2020, section 256J.95, subdivision 19, is amended to read:
30.27 		Subd. 19.DWP overpayments and underpayments. DWP benefits are subject to 
30.28 	overpayments and underpayments. Anytime an overpayment or an underpayment is 
30.29 	determined for DWP, the correction shall be calculated using prospective budgeting. 
30.30 	Corrections shall be determined based on the policy in section 256J.34, subdivision 1, 
30.31 	paragraphs (a), (b), and (c) 256P.09, subdivisions 1 to 4. ATM errors must be recovered as 
31.1 	specified in section 256P.08, subdivision 7. Cross program recoupment of overpayments 
31.2 	cannot be assigned to or from DWP.

31.3 	EFFECTIVE DATE. This section is effective March 1, 2024.

31.4 	Sec. 28. Minnesota Statutes 2020, section 256K.45, subdivision 3, is amended to read:
31.5 		Subd. 3.Street and community outreach and drop-in program. Youth drop-in centers 
31.6 	must provide walk-in access to crisis intervention and ongoing supportive services including 
31.7 	one-to-one case management services on a self-referral basis. Street and community outreach 
31.8 	programs must locate, contact, and provide information, referrals, and services to homeless 
31.9 	youth, youth at risk of homelessness, and runaways. Information, referrals, and services 
31.10 	provided may include, but are not limited to:
31.11 	(1) family reunification services;
31.12 	(2) conflict resolution or mediation counseling;
31.13 	(3) assistance in obtaining temporary emergency shelter;
31.14 	(4) assistance in obtaining food, clothing, medical care, or mental health counseling;
31.15 	(5) counseling regarding violence, sexual exploitation, substance abuse, sexually 
31.16 	transmitted diseases, and pregnancy;
31.17 	(6) referrals to other agencies that provide support services to homeless youth, youth at 
31.18 	risk of homelessness, and runaways;
31.19 	(7) assistance with education, employment, and independent living skills;
31.20 	(8) aftercare services;
31.21 	(9) specialized services for highly vulnerable runaways and homeless youth, including 
31.22 	teenbut not limited to youth at risk of discrimination based on sexual orientation or gender 
31.23 	identity, young parents, emotionally disturbed and mentally ill youth, and sexually exploited 
31.24 	youth; and
31.25 	(10) homelessness prevention.

31.26 	EFFECTIVE DATE. This section is effective July 1, 2022.

31.27 	Sec. 29. Minnesota Statutes 2020, section 256P.01, is amended by adding a subdivision 
31.28 	to read:
31.29 		Subd. 9.Prospective budgeting. "Prospective budgeting" means estimating the amount 
31.30 	of monthly income that an assistance unit will have in the payment month.

32.1 	EFFECTIVE DATE. This section is effective March 1, 2024.

32.2 	Sec. 30. Minnesota Statutes 2021 Supplement, section 256P.02, subdivision 1a, is amended 
32.3 	to read:
32.4 		Subd. 1a.Exemption. Participants who qualify for child care assistance programs under 
32.5 	chapter 119B are exempt from this section, except that the personal property identified in 
32.6 	subdivision 2 is counted toward the asset limit of the child care assistance program under 
32.7 	chapter 119B. Vehicles under subdivision 3 and accounts under subdivision 4 are not counted 
32.8 	toward the asset limit of the child care assistance program under chapter 119B.

32.9 	EFFECTIVE DATE. This section is effective July 1, 2022.

32.10 	Sec. 31. Minnesota Statutes 2021 Supplement, section 256P.02, subdivision 2, is amended 
32.11 	to read:
32.12 		Subd. 2.Personal property limitations. The equity value of an assistance unit's personal 
32.13 	property listed in clauses (1) to (5) must not exceed $10,000 for applicants and participants. 
32.14 	For purposes of this subdivision, personal property is limited to:
32.15 	(1) cash;
32.16 	(2) bank accounts not excluded under subdivision 4;
32.17 	(3) liquid stocks and bonds that can be readily accessed without a financial penalty;
32.18 	(4) vehicles not excluded under subdivision 3; and
32.19 	(5) the full value of business accounts used to pay expenses not related to the business.

32.20 	EFFECTIVE DATE. This section is effective July 1, 2022.

32.21 	Sec. 32. Minnesota Statutes 2020, section 256P.02, is amended by adding a subdivision 
32.22 	to read:
32.23 		Subd. 4.Account exception. Family asset accounts under section 256E.35 and individual 
32.24 	development accounts authorized under the Assets for Independence Act, Title IV of the 
32.25 	Community Opportunities, Accountability, and Training and Educational Services Human 
32.26 	Services Reauthorization Act of 1998, Public Law 105-285, shall be excluded when 
32.27 	determining the equity value of personal property.

32.28 	EFFECTIVE DATE. This section is effective July 1, 2022.

33.1 	Sec. 33. Minnesota Statutes 2021 Supplement, section 256P.04, subdivision 4, is amended 
33.2 	to read:
33.3 		Subd. 4.Factors to be verified. (a) The agency shall verify the following at application:
33.4 	(1) identity of adults;
33.5 	(2) age, if necessary to determine eligibility;
33.6 	(3) immigration status;
33.7 	(4) income;
33.8 	(5) spousal support and child support payments made to persons outside the household;
33.9 	(6) vehicles;
33.10 	(7) checking and savings accounts, including but not limited to any business accounts 
33.11 	used to pay expenses not related to the business;
33.12 	(8) inconsistent information, if related to eligibility;
33.13 	(9) residence; and
33.14 	(10) Social Security number; and.
33.15 	(11) use of nonrecurring income under section 256P.06, subdivision 3, clause (2), item 
33.16 	(ix), for the intended purpose for which it was given and received.
33.17 	(b) Applicants who are qualified noncitizens and victims of domestic violence as defined 
33.18 	under section 256J.08, subdivision 73, clauses (8) and (9), are not required to verify the 
33.19 	information in paragraph (a), clause (10). When a Social Security number is not provided 
33.20 	to the agency for verification, this requirement is satisfied when each member of the 
33.21 	assistance unit cooperates with the procedures for verification of Social Security numbers, 
33.22 	issuance of duplicate cards, and issuance of new numbers which have been established 
33.23 	jointly between the Social Security Administration and the commissioner.

33.24 	EFFECTIVE DATE. This section is effective July 1, 2023.

33.25 	Sec. 34. Minnesota Statutes 2021 Supplement, section 256P.04, subdivision 8, is amended 
33.26 	to read:
33.27 		Subd. 8.Recertification. The agency shall recertify eligibility annually. During 
33.28 	recertification and reporting under section 256P.10, the agency shall verify the following:
33.29 	(1) income, unless excluded, including self-employment earnings;
33.30 	(2) assets when the value is within $200 of the asset limit; and
34.1 	(3) inconsistent information, if related to eligibility.

34.2 	EFFECTIVE DATE. This section is effective March 1, 2024.

34.3 	Sec. 35. Minnesota Statutes 2021 Supplement, section 256P.06, subdivision 3, is amended 
34.4 	to read:
34.5 		Subd. 3.Income inclusions. The following must be included in determining the income 
34.6 	of an assistance unit:
34.7 	(1) earned income; and
34.8 	(2) unearned income, which includes:
34.9 	(i) interest and dividends from investments and savings;
34.10 	(ii) capital gains as defined by the Internal Revenue Service from any sale of real property;
34.11 	(iii) proceeds from rent and contract for deed payments in excess of the principal and 
34.12 	interest portion owed on property;
34.13 	(iv) income from trusts, excluding special needs and supplemental needs trusts;
34.14 	(v) interest income from loans made by the participant or household;
34.15 	(vi) cash prizes and winnings;
34.16 	(vii) unemployment insurance income that is received by an adult member of the 
34.17 	assistance unit unless the individual receiving unemployment insurance income is:
34.18 	(A) 18 years of age and enrolled in a secondary school; or
34.19 	(B) 18 or 19 years of age, a caregiver, and is enrolled in school at least half-time;
34.20 	(viii) retirement, survivors, and disability insurance payments;
34.21 	(ix) nonrecurring income over $60 per quarter unless the nonrecurring income is: (A) 
34.22 	from tax refunds, tax rebates, or tax credits; (B) a reimbursement, rebate, award, grant, or 
34.23 	refund of personal or real property or costs or losses incurred when these payments are 
34.24 	made by: a public agency; a court; solicitations through public appeal; a federal, state, or 
34.25 	local unit of government; or a disaster assistance organization; (C) provided as an in-kind 
34.26 	benefit; or (D) earmarked and used for the purpose for which it was intended, subject to 
34.27 	verification requirements under section 256P.04;
34.28 	(x) (ix) retirement benefits;
34.29 	(xi) (x) cash assistance benefits, as defined by each program in chapters 119B, 256D, 
34.30 	256I, and 256J;
35.1 	(xii) (xi) Tribal per capita payments unless excluded by federal and state law;
35.2 	(xiii) (xii) income and payments from service and rehabilitation programs that meet or 
35.3 	exceed the state's minimum wage rate;
35.4 	(xiv) (xiii) income from members of the United States armed forces unless excluded 
35.5 	from income taxes according to federal or state law;
35.6 	(xv) (xiv) all child support payments for programs under chapters 119B, 256D, and 256I;
35.7 	(xvi) (xv) the amount of child support received that exceeds $100 for assistance units 
35.8 	with one child and $200 for assistance units with two or more children for programs under 
35.9 	chapter 256J;
35.10 	(xvii) (xvi) spousal support; and
35.11 	(xviii) (xvii) workers' compensation.

35.12 	EFFECTIVE DATE. This section is effective July 1, 2023.

35.13 	Sec. 36. Minnesota Statutes 2020, section 256P.07, subdivision 1, is amended to read:
35.14 		Subdivision 1.Exempted programs. Participants who receive Supplemental Security 
35.15 	Income and qualify for Minnesota supplemental aid under chapter 256D and or for housing 
35.16 	support under chapter 256I on the basis of eligibility for Supplemental Security Income are 
35.17 	exempt from this section reporting income under this chapter.

35.18 	EFFECTIVE DATE. This section is effective March 1, 2024.

35.19 	Sec. 37. Minnesota Statutes 2020, section 256P.07, is amended by adding a subdivision 
35.20 	to read:
35.21 		Subd. 1a.Child care assistance programs. Participants who qualify for child care 
35.22 	assistance programs under chapter 119B are exempt from this section except the reporting 
35.23 	requirements in subdivision 6.

35.24 	EFFECTIVE DATE. This section is effective March 1, 2024.

35.25 	Sec. 38. Minnesota Statutes 2020, section 256P.07, subdivision 2, is amended to read:
35.26 		Subd. 2.Reporting requirements. An applicant or participant must provide information 
35.27 	on an application and any subsequent reporting forms about the assistance unit's 
35.28 	circumstances that affect eligibility or benefits. An applicant or assistance unit must report 
35.29 	changes that affect eligibility or benefits as identified in subdivision subdivisions 3, 4, 5, 
35.30 	7, 8, and 9, during the application period or by the tenth of the month following the month 
36.1 	the assistance unit's circumstances changed. When information is not accurately reported, 
36.2 	both an overpayment and a referral for a fraud investigation may result. When information 
36.3 	or documentation is not provided, the receipt of any benefit may be delayed or denied, 
36.4 	depending on the type of information required and its effect on eligibility.

36.5 	EFFECTIVE DATE. This section is effective March 1, 2024.

36.6 	Sec. 39. Minnesota Statutes 2020, section 256P.07, subdivision 3, is amended to read:
36.7 		Subd. 3.Changes that must be reported. An assistance unit must report the changes 
36.8 	or anticipated changes specified in clauses (1) to (12) within ten days of the date they occur, 
36.9 	at the time of recertification of eligibility under section 256P.04, subdivisions 8 and 9, or 
36.10 	within eight calendar days of a reporting period, whichever occurs first. An assistance unit 
36.11 	must report other changes at the time of recertification of eligibility under section 256P.04, 
36.12 	subdivisions 8 and 9, or at the end of a reporting period, as applicable. When an agency 
36.13 	could have reduced or terminated assistance for one or more payment months if a delay in 
36.14 	reporting a change specified under clauses (1) to (12) had not occurred, the agency must 
36.15 	determine whether a timely notice could have been issued on the day that the change 
36.16 	occurred. When a timely notice could have been issued, each month's overpayment 
36.17 	subsequent to that notice must be considered a client error overpayment under section 
36.18 	119B.11, subdivision 2a, or 256P.08. Changes in circumstances that must be reported within 
36.19 	ten days must also be reported for the reporting period in which those changes occurred. 
36.20 	Within ten days, an assistance unit must report:
36.21 	(1) a change in earned income of $100 per month or greater with the exception of a 
36.22 	program under chapter 119B;
36.23 	(2) a change in unearned income of $50 per month or greater with the exception of a 
36.24 	program under chapter 119B;
36.25 	(3) a change in employment status and hours with the exception of a program under 
36.26 	chapter 119B;
36.27 	(4) a change in address or residence;
36.28 	(5) a change in household composition with the exception of programs under chapter 
36.29 	256I;
36.30 	(6) a receipt of a lump-sum payment with the exception of a program under chapter 
36.31 	119B;
37.1 	(7) an increase in assets if over $9,000 with the exception of programs under chapter 
37.2 	119B;
37.3 	(8) a change in citizenship or immigration status;
37.4 	(9) a change in family status with the exception of programs under chapter 256I;
37.5 	(10) a change in disability status of a unit member, with the exception of programs under 
37.6 	chapter 119B;
37.7 	(11) a new rent subsidy or a change in rent subsidy with the exception of a program 
37.8 	under chapter 119B; and
37.9 	(12) a sale, purchase, or transfer of real property with the exception of a program under 
37.10 	chapter 119B.
37.11 	(a) An assistance unit must report changes or anticipated changes as described in this 
37.12 	subdivision.
37.13 	(b) An assistance unit must report:
37.14 	(1) a change in eligibility for Supplemental Security Income, Retirement Survivors 
37.15 	Disability Insurance, or another federal income support;
37.16 	(2) a change in address or residence;
37.17 	(3) a change in household composition with the exception of programs under chapter 
37.18 	256I;
37.19 	(4) cash prizes and winnings according to guidance provided for the Supplemental 
37.20 	Nutrition Assistance Program;
37.21 	(5) a change in citizenship or immigration status;
37.22 	(6) a change in family status with the exception of programs under chapter 256I; and
37.23 	(7) a change that makes the value of the unit's assets at or above the asset limit.
37.24 	(c) When an agency could have reduced or terminated assistance for one or more payment 
37.25 	months if a delay in reporting a change specified under paragraph (b) had not occurred, the 
37.26 	agency must determine whether the agency could have issued a timely notice on the day 
37.27 	that the change occurred. When a timely notice could have been issued, each month's 
37.28 	overpayment subsequent to the notice must be considered a client error overpayment under 
37.29 	section 256P.08.

37.30 	EFFECTIVE DATE. This section is effective March 1, 2024, except that the amendment 
37.31 	striking clause (6) is effective July 1, 2023.

38.1 	Sec. 40. Minnesota Statutes 2020, section 256P.07, subdivision 4, is amended to read:
38.2 		Subd. 4.MFIP-specific reporting. In addition to subdivision 3, an assistance unit under 
38.3 	chapter 256J, within ten days of the change, must report:
38.4 	(1) a pregnancy not resulting in birth when there are no other minor children; and
38.5 	(2) a change in school attendance of a parent under 20 years of age or of an employed 
38.6 	child.; and
38.7 	(3) an individual in the household who is 18 or 19 years of age attending high school 
38.8 	who graduates or drops out of school.

38.9 	EFFECTIVE DATE. This section is effective March 1, 2024.

38.10 	Sec. 41. Minnesota Statutes 2020, section 256P.07, subdivision 6, is amended to read:
38.11 		Subd. 6.Child care assistance programs-specific reporting. (a) In addition to 
38.12 	subdivision 3, An assistance unit under chapter 119B, within ten days of the change, must 
38.13 	report:
38.14 	(1) a change in a parentally responsible individual's custody schedule for any child 
38.15 	receiving child care assistance program benefits;
38.16 	(2) a permanent end in a parentally responsible individual's authorized activity; and
38.17 	(3) if the unit's family's annual included income exceeds 85 percent of the state median 
38.18 	income, adjusted for family size.;
38.19 	(4) a change in address or residence;
38.20 	(5) a change in household composition;
38.21 	(6) a change in citizenship or immigration status; and
38.22 	(7) a change in family status.
38.23 	(b) An assistance unit subject to section 119B.095, subdivision 1, paragraph (b), must 
38.24 	report a change in the unit's authorized activity status.
38.25 	(c) An assistance unit must notify the county when the unit wants to reduce the number 
38.26 	of authorized hours for children in the unit.

38.27 	EFFECTIVE DATE. This section is effective March 1, 2024.

39.1 	Sec. 42. Minnesota Statutes 2020, section 256P.07, subdivision 7, is amended to read:
39.2 		Subd. 7.Minnesota supplemental aid-specific reporting. (a) In addition to subdivision 
39.3 	3, an assistance unit participating in the Minnesota supplemental aid program under section 
39.4 	256D.44, subdivision 5, paragraph (g), within ten days of the change, chapter 256D and not 
39.5 	receiving Supplemental Security Income must report shelter expenses.:
39.6 	(1) a change in unearned income of $50 per month or greater; and
39.7 	(2) a change in earned income of $100 per month or greater.
39.8 	(b) An assistance unit receiving housing assistance under section 256D.44, subdivision 
39.9 	5, paragraph (g), including assistance units that also receive Supplemental Security Income, 
39.10 	must report:
39.11 	(1) a change in shelter expenses; and
39.12 	(2) a new rent subsidy or a change in rent subsidy.

39.13 	EFFECTIVE DATE. This section is effective March 1, 2024.

39.14 	Sec. 43. Minnesota Statutes 2020, section 256P.07, is amended by adding a subdivision 
39.15 	to read:
39.16 		Subd. 8.Housing support-specific reporting. (a) In addition to subdivision 3, an 
39.17 	assistance unit participating in the housing support program under chapter 256I and not 
39.18 	receiving Supplemental Security Income must report:
39.19 	(1) a change in unearned income of $50 per month or greater; and
39.20 	(2) a change in earned income of $100 per month or greater, unless the assistance unit 
39.21 	is already subject to six-month reporting requirements in section 256P.10.
39.22 	(b) Notwithstanding the exemptions in subdivisions 1 and 3, an assistance unit receiving 
39.23 	housing support under chapter 256I, including an assistance unit that receives Supplemental 
39.24 	Security Income, must report:
39.25 	(1) a new rent subsidy or a change in rent subsidy;
39.26 	(2) a change in the disability status of a unit member; and
39.27 	(3) a change in household composition if the assistance unit is a participant in housing 
39.28 	support under section 256I.04, subdivision 3, paragraph (a), clause (3).

39.29 	EFFECTIVE DATE. This section is effective March 1, 2024.

40.1 	Sec. 44. Minnesota Statutes 2020, section 256P.07, is amended by adding a subdivision 
40.2 	to read:
40.3 		Subd. 9.General assistance-specific reporting. In addition to subdivision 3, an 
40.4 	assistance unit participating in the general assistance program under chapter 256D must 
40.5 	report:
40.6 	(1) a change in unearned income of $50 per month or greater;
40.7 	(2) a change in earned income of $100 per month or greater, unless the assistance unit 
40.8 	is already subject to six-month reporting requirements in section 256P.10; and
40.9 	(3) changes in any condition that would result in the loss of basis for eligibility in section 
40.10 	256D.05, subdivision 1, paragraph (a).

40.11 	EFFECTIVE DATE. This section is effective March 1, 2024.

40.12 	Sec. 45. Minnesota Statutes 2020, section 256P.08, subdivision 2, is amended to read:
40.13 		Subd. 2.Scope of overpayment. (a) When a participant or former participant receives 
40.14 	an overpayment due to client or ATM error, or due to assistance received while an appeal 
40.15 	is pending and the participant or former participant is determined ineligible for assistance 
40.16 	or for less assistance than was received, except as provided for interim assistance in section 
40.17 	256D.06, subdivision 5, the county agency must recoup or recover the overpayment using 
40.18 	the following methods:
40.19 	(1) reconstruct each affected budget month and corresponding payment month;
40.20 	(2) use the policies and procedures that were in effect for the payment month; and
40.21 	(3) do not allow employment disregards in the calculation of the overpayment when the 
40.22 	unit has not reported within two calendar months following the end of the month in which 
40.23 	the income was received.
40.24 	(b) Establishment of an overpayment is limited to six years prior to the month of discovery 
40.25 	due to client error or an intentional program violation determined under section 256.046.
40.26 	(c) A participant or former participant is not responsible for overpayments due to agency 
40.27 	error, unless the amount of the overpayment is large enough that a reasonable person would 
40.28 	know it is an error.

40.29 	EFFECTIVE DATE. This section is effective July 1, 2022.

41.1 	Sec. 46. [256P.09] PROSPECTIVE BUDGETING OF BENEFITS.
41.2 		Subdivision 1.Exempted programs. Assistance units that qualify for child care 
41.3 	assistance programs under chapter 119B, assistance units that receive housing support under 
41.4 	chapter 256I and are not subject to reporting under section 256P.10, and assistance units 
41.5 	that qualify for Minnesota supplemental aid under chapter 256D are exempt from this 
41.6 	section.
41.7 		Subd. 2.Prospective budgeting of benefits. An agency subject to this chapter must use 
41.8 	prospective budgeting to calculate the assistance payment amount.
41.9 		Subd. 3.Initial income. For the purpose of determining an assistance unit's level of 
41.10 	benefits, an agency must take into account the income already received by the assistance 
41.11 	unit during or anticipated to be received during the application period. Income anticipated 
41.12 	to be received only in the initial month of eligibility should only be counted in the initial 
41.13 	month.
41.14 		Subd. 4.Income determination. An agency must use prospective budgeting to determine 
41.15 	the amount of the assistance unit's benefit for the eligibility period based on the best 
41.16 	information available at the time of approval. An agency shall only count anticipated income 
41.17 	when the participant and the agency are reasonably certain of the amount of the payment 
41.18 	and the month in which the payment will be received. If the exact amount of the income is 
41.19 	not known, the agency shall consider only the amounts that can be anticipated as income.
41.20 		Subd. 5.Income changes. An increase in income shall not affect an assistance unit's 
41.21 	eligibility or benefit amount until the next review unless otherwise required to be reported 
41.22 	in section 256P.07. A decrease in income shall be effective on the date that the change 
41.23 	occurs if the change is reported by the tenth of the month following the month when the 
41.24 	change occurred. If the assistant unit does not report the change in income by the tenth of 
41.25 	the month following the month when the change occurred, the change in income shall be 
41.26 	effective on the date the change was reported.

41.27 	EFFECTIVE DATE. This section is effective March 1, 2024.

41.28 	Sec. 47. [256P.10] SIX-MONTH REPORTING.
41.29 		Subdivision 1.Exempted programs. Assistance units that qualify for child care 
41.30 	assistance programs under chapter 119B, assistance units that qualify for Minnesota 
41.31 	supplemental aid under chapter 256D, and assistance units that qualify for housing support 
41.32 	under chapter 256I and also receive Supplemental Security Income are exempt from this 
41.33 	section.
42.1 		Subd. 2.Reporting. (a) Every six months, an assistance unit that qualifies for the 
42.2 	Minnesota family investment program under chapter 256J, an assistance unit that qualifies 
42.3 	for general assistance under chapter 256D with an earned income of $100 per month or 
42.4 	greater, or an assistance unit that qualifies for housing support under chapter 256I with an 
42.5 	earned income of $100 per month or greater is subject to six-month reviews. The initial 
42.6 	reporting period may be shorter than six months in order to align with other programs' 
42.7 	reporting periods.
42.8 	(b) An assistance unit that qualifies for the Minnesota family investment program or an 
42.9 	assistance unit that qualifies for general assistance with an earned income of $100 per month 
42.10 	or greater must complete household report forms as required by the commissioner for 
42.11 	redetermination of benefits.
42.12 	(c) An assistance unit that qualifies for housing support with an earned income of $100 
42.13 	per month or greater must complete household report forms as prescribed by the 
42.14 	commissioner to provide information about earned income.
42.15 	(d) An assistance unit that qualifies for housing support and also receives assistance 
42.16 	through the Minnesota family investment program shall be subject to requirements of this 
42.17 	section for purposes of the Minnesota family investment program but not for housing support.
42.18 	(e) An assistance unit covered by this section must submit a household report form in 
42.19 	compliance with the provisions in section 256P.04, subdivision 11.
42.20 	(f) An assistance unit covered by this section may choose to report changes under this 
42.21 	section at any time.
42.22 		Subd. 3.When to terminate assistance. (a) An agency must terminate benefits when 
42.23 	the assistance unit fails to submit the household report form before the end of the six-month 
42.24 	review period as described in subdivision 2, paragraph (a). If the assistance unit submits 
42.25 	the household report form within 30 days of the termination of benefits and remains eligible, 
42.26 	benefits must be reinstated and made available retroactively for the full benefit month.
42.27 	(b) When an assistance unit is determined to be ineligible for assistance according to 
42.28 	this section and chapter 256D, 256I, or 256J, the commissioner must terminate assistance.

42.29 	Sec. 48. HOMELESSNESS AND HOUSING STABILITY WORKFORCE STUDY.
 42.30 	The commissioner of human services must conduct a survey to study workforce 
42.31 	information, including average wage and benefits, among other elements, for workers in 
42.32 	emergency shelters, transitional housing, street outreach, and site-based housing for long-term 
42.33 	homeless supportive services programs. The commissioner must submit a report to the 
43.1 	chairs and ranking minority members of the legislative committees and divisions with 
43.2 	jurisdiction over housing and homelessness issues by February 1, 2024. The report must 
43.3 	comply with Minnesota Statutes, sections 3.195 and 3.197.

43.4 	Sec. 49. REPEALER.
 43.5 	(a) Minnesota Statutes 2020, sections 256J.08, subdivisions 10, 61, 62, 81, and 83; 
43.6 	256J.30, subdivisions 5 and 7; 256J.33, subdivisions 3 and 5; 256J.34, subdivisions 1, 2, 3, 
43.7 	and 4; and 256J.37, subdivision 10, are repealed.
43.8 	(b) Minnesota Statutes 2021 Supplement, sections 256J.08, subdivision 53; 256J.30, 
43.9 	subdivision 8; and 256J.33, subdivision 4, are repealed.

43.10 	EFFECTIVE DATE. This section is effective March 1, 2024, except the repeal of 
43.11 	Minnesota Statutes 2020, sections 256J.08, subdivision 62, and 256J.37, subdivision 10, 
43.12 	and Minnesota Statutes 2021 Supplement, section 256J.08, subdivision 53, is effective July 
43.13 	1, 2023.

43.14 	ARTICLE 4
43.15 	BEHAVIORAL HEALTH

43.16 	Section 1. Minnesota Statutes 2020, section 62N.25, subdivision 5, is amended to read:
43.17 		Subd. 5.Benefits. Community integrated service networks must offer the health 
43.18 	maintenance organization benefit set, as defined in chapter 62D, and other laws applicable 
43.19 	to entities regulated under chapter 62D. Community networks and chemical dependency 
43.20 	facilities under contract with a community network shall use the assessment criteria in 
43.21 	Minnesota Rules, parts 9530.6600 to 9530.6655, section 245G.05 when assessing enrollees 
43.22 	for chemical dependency treatment.

43.23 	EFFECTIVE DATE. This section is effective July 1, 2022.

43.24 	Sec. 2. Minnesota Statutes 2020, section 62Q.1055, is amended to read:
43.25 	62Q.1055 CHEMICAL DEPENDENCY.
43.26 	All health plan companies shall use the assessment criteria in Minnesota Rules, parts 
43.27 	9530.6600 to 9530.6655, section 245G.05 when assessing and placing treating enrollees 
43.28 	for chemical dependency treatment.

43.29 	EFFECTIVE DATE. This section is effective July 1, 2022.

44.1 	Sec. 3. Minnesota Statutes 2020, section 62Q.47, is amended to read:
44.2 	62Q.47 ALCOHOLISM, MENTAL HEALTH, AND CHEMICAL DEPENDENCY 
44.3 	SERVICES.
44.4 	(a) All health plans, as defined in section 62Q.01, that provide coverage for alcoholism, 
44.5 	mental health, or chemical dependency services, must comply with the requirements of this 
44.6 	section.
44.7 	(b) Cost-sharing requirements and benefit or service limitations for outpatient mental 
44.8 	health and outpatient chemical dependency and alcoholism services, except for persons 
44.9 	placed in seeking chemical dependency services under Minnesota Rules, parts 9530.6600 
44.10 	to 9530.6655 section 245G.05, must not place a greater financial burden on the insured or 
44.11 	enrollee, or be more restrictive than those requirements and limitations for outpatient medical 
44.12 	services.
44.13 	(c) Cost-sharing requirements and benefit or service limitations for inpatient hospital 
44.14 	mental health and inpatient hospital and residential chemical dependency and alcoholism 
44.15 	services, except for persons placed in seeking chemical dependency services under Minnesota 
44.16 	Rules, parts 9530.6600 to 9530.6655 section 245G.05, must not place a greater financial 
44.17 	burden on the insured or enrollee, or be more restrictive than those requirements and 
44.18 	limitations for inpatient hospital medical services.
44.19 	(d) A health plan company must not impose an NQTL with respect to mental health and 
44.20 	substance use disorders in any classification of benefits unless, under the terms of the health 
44.21 	plan as written and in operation, any processes, strategies, evidentiary standards, or other 
44.22 	factors used in applying the NQTL to mental health and substance use disorders in the 
44.23 	classification are comparable to, and are applied no more stringently than, the processes, 
44.24 	strategies, evidentiary standards, or other factors used in applying the NQTL with respect 
44.25 	to medical and surgical benefits in the same classification.
44.26 	(e) All health plans must meet the requirements of the federal Mental Health Parity Act 
44.27 	of 1996, Public Law 104-204; Paul Wellstone and Pete Domenici Mental Health Parity and 
44.28 	Addiction Equity Act of 2008; the Affordable Care Act; and any amendments to, and federal 
44.29 	guidance or regulations issued under, those acts.
44.30 	(f) The commissioner may require information from health plan companies to confirm 
44.31 	that mental health parity is being implemented by the health plan company. Information 
44.32 	required may include comparisons between mental health and substance use disorder 
44.33 	treatment and other medical conditions, including a comparison of prior authorization 
45.1 	requirements, drug formulary design, claim denials, rehabilitation services, and other 
45.2 	information the commissioner deems appropriate.
45.3 	(g) Regardless of the health care provider's professional license, if the service provided 
45.4 	is consistent with the provider's scope of practice and the health plan company's credentialing 
45.5 	and contracting provisions, mental health therapy visits and medication maintenance visits 
45.6 	shall be considered primary care visits for the purpose of applying any enrollee cost-sharing 
45.7 	requirements imposed under the enrollee's health plan.
45.8 	(h) By June 1 of each year, beginning June 1, 2021, the commissioner of commerce, in 
45.9 	consultation with the commissioner of health, shall submit a report on compliance and 
45.10 	oversight to the chairs and ranking minority members of the legislative committees with 
45.11 	jurisdiction over health and commerce. The report must:
45.12 	(1) describe the commissioner's process for reviewing health plan company compliance 
45.13 	with United States Code, title 42, section 18031(j), any federal regulations or guidance 
45.14 	relating to compliance and oversight, and compliance with this section and section 62Q.53;
45.15 	(2) identify any enforcement actions taken by either commissioner during the preceding 
45.16 	12-month period regarding compliance with parity for mental health and substance use 
45.17 	disorders benefits under state and federal law, summarizing the results of any market conduct 
45.18 	examinations. The summary must include: (i) the number of formal enforcement actions 
45.19 	taken; (ii) the benefit classifications examined in each enforcement action; and (iii) the 
45.20 	subject matter of each enforcement action, including quantitative and nonquantitative 
45.21 	treatment limitations;
45.22 	(3) detail any corrective action taken by either commissioner to ensure health plan 
45.23 	company compliance with this section, section 62Q.53, and United States Code, title 42, 
45.24 	section 18031(j); and
45.25 	(4) describe the information provided by either commissioner to the public about 
45.26 	alcoholism, mental health, or chemical dependency parity protections under state and federal 
45.27 	law.
45.28 	The report must be written in nontechnical, readily understandable language and must be 
45.29 	made available to the public by, among other means as the commissioners find appropriate, 
45.30 	posting the report on department websites. Individually identifiable information must be 
45.31 	excluded from the report, consistent with state and federal privacy protections.

45.32 	EFFECTIVE DATE. This section is effective July 1, 2022.

46.1 	Sec. 4. Minnesota Statutes 2020, section 169A.70, subdivision 3, is amended to read:
46.2 		Subd. 3.Assessment report. (a) The assessment report must be on a form prescribed 
46.3 	by the commissioner and shall contain an evaluation of the convicted defendant concerning 
46.4 	the defendant's prior traffic and criminal record, characteristics and history of alcohol and 
46.5 	chemical use problems, and amenability to rehabilitation through the alcohol safety program. 
46.6 	The report is classified as private data on individuals as defined in section 13.02, subdivision 
46.7 	12.
46.8 	(b) The assessment report must include:
46.9 	(1) a diagnosis of the nature of the offender's chemical and alcohol involvement;
46.10 	(2) an assessment of the severity level of the involvement;
46.11 	(3) a recommended level of care for the offender in accordance with the criteria contained 
46.12 	in rules adopted by the commissioner of human services under section 254A.03, subdivision 
46.13 	3 (chemical dependency treatment rules) section 245G.05;
46.14 	(4) an assessment of the offender's placement needs;
46.15 	(5) recommendations for other appropriate remedial action or care, including aftercare 
46.16 	services in section 254B.01, subdivision 3, that may consist of educational programs, 
46.17 	one-on-one counseling, a program or type of treatment that addresses mental health concerns, 
46.18 	or a combination of them; and
46.19 	(6) a specific explanation why no level of care or action was recommended, if applicable.

46.20 	EFFECTIVE DATE. This section is effective July 1, 2022.

46.21 	Sec. 5. Minnesota Statutes 2020, section 169A.70, subdivision 4, is amended to read:
46.22 		Subd. 4.Assessor standards; rules; assessment time limits. A chemical use assessment 
46.23 	required by this section must be conducted by an assessor appointed by the court. The 
46.24 	assessor must meet the training and qualification requirements of rules adopted by the 
46.25 	commissioner of human services under section 254A.03, subdivision 3 (chemical dependency 
46.26 	treatment rules) section 245G.11, subdivisions 1 and 5. Notwithstanding section 13.82 (law 
46.27 	enforcement data), the assessor shall have access to any police reports, laboratory test results, 
46.28 	and other law enforcement data relating to the current offense or previous offenses that are 
46.29 	necessary to complete the evaluation. An assessor providing an assessment under this section 
46.30 	may not have any direct or shared financial interest or referral relationship resulting in 
46.31 	shared financial gain with a treatment provider, except as authorized under section 254A.19, 
46.32 	subdivision 3. If an independent assessor is not available, the court may use the services of 
47.1 	an assessor authorized to perform assessments for the county social services agency under 
47.2 	a variance granted under rules adopted by the commissioner of human services under section 
47.3 	254A.03, subdivision 3. An appointment for the defendant to undergo the assessment must 
47.4 	be made by the court, a court services probation officer, or the court administrator as soon 
47.5 	as possible but in no case more than one week after the defendant's court appearance. The 
47.6 	assessment must be completed no later than three weeks after the defendant's court 
47.7 	appearance. If the assessment is not performed within this time limit, the county where the 
47.8 	defendant is to be sentenced shall perform the assessment. The county of financial 
47.9 	responsibility must be determined under chapter 256G.

47.10 	EFFECTIVE DATE. This section is effective July 1, 2022.

47.11 	Sec. 6. [245.4866] CHILDREN'S MENTAL HEALTH COMMUNITY OF 
47.12 	PRACTICE.
47.13 		Subdivision 1.Establishment; purpose. The commissioner of human services, in 
47.14 	consultation with children's mental health subject matter experts, shall establish a children's 
47.15 	mental health community of practice. The purposes of the community of practice are to 
47.16 	improve treatment outcomes for children and adolescents with mental illness and reduce 
47.17 	disparities. The community of practice shall use evidence-based and best practices through 
47.18 	peer-to-peer and person-to-provider sharing.
47.19 		Subd. 2.Participants; meetings. (a) The community of practice must include the 
47.20 	following participants:
47.21 	(1) researchers or members of the academic community who are children's mental health 
47.22 	subject matter experts who do not have financial relationships with treatment providers;
47.23 	(2) children's mental health treatment providers;
47.24 	(3) a representative from a mental health advocacy organization;
47.25 	(4) a representative from the Department of Human Services;
47.26 	(5) a representative from the Department of Health;
47.27 	(6) a representative from the Department of Education;
47.28 	(7) representatives from county social services agencies;
47.29 	(8) representatives from Tribal nations or Tribal social services providers; and
47.30 	(9) representatives from managed care organizations.
48.1 	(b) The community of practice must include, to the extent possible, individuals and 
48.2 	family members who have used mental health treatment services and must highlight the 
48.3 	voices and experiences of individuals who are Black, Indigenous, people of color, and 
48.4 	people from other communities that are disproportionately impacted by mental illness.
48.5 	(c) The community of practice must meet regularly and must hold its first meeting before 
48.6 	January 1, 2023.
48.7 	(d) Compensation and reimbursement for expenses for participants in paragraph (b) are 
48.8 	governed by section 15.059, subdivision 3.
48.9 		Subd. 3.Duties. (a) The community of practice must:
48.10 	(1) identify gaps in children's mental health treatment services;
48.11 	(2) enhance collective knowledge of issues related to children's mental health;
48.12 	(3) understand evidence-based practices, best practices, and promising approaches to 
48.13 	address children's mental health;
48.14 	(4) use knowledge gathered through the community of practice to develop strategic plans 
48.15 	to improve outcomes for children who participate in mental health treatment and related 
48.16 	services in Minnesota;
48.17 	(5) increase knowledge about the challenges and opportunities learned by implementing 
48.18 	strategies; and
48.19 	(6) develop capacity for community advocacy.
48.20 	(b) The commissioner, in collaboration with subject matter experts and other participants, 
48.21 	may issue reports and recommendations to the chairs and ranking minority members of the 
48.22 	legislative committees with jurisdiction over health and human services policy and finance 
48.23 	and to local and regional governments.

48.24 	Sec. 7. Minnesota Statutes 2021 Supplement, section 245.4889, subdivision 1, is amended 
48.25 	to read:
48.26 		Subdivision 1.Establishment and authority. (a) The commissioner is authorized to 
48.27 	make grants from available appropriations to assist:
48.28 	(1) counties;
48.29 	(2) Indian tribes;
48.30 	(3) children's collaboratives under section 124D.23 or 245.493; or
49.1 	(4) mental health service providers.
49.2 	(b) The following services are eligible for grants under this section:
49.3 	(1) services to children with emotional disturbances as defined in section 245.4871, 
49.4 	subdivision 15, and their families;
49.5 	(2) transition services under section 245.4875, subdivision 8, for young adults under 
49.6 	age 21 and their families;
49.7 	(3) respite care services for children with emotional disturbances or severe emotional 
49.8 	disturbances who are at risk of out-of-home placement or already in out-of-home placement 
49.9 	in family foster settings as defined in chapter 245A and at risk of change in out-of-home 
49.10 	placement or placement in a residential facility or other higher level of care. Allowable 
49.11 	activities and expenses for respite care services are defined under subdivision 4. A child is 
49.12 	not required to have case management services to receive respite care services;
49.13 	(4) children's mental health crisis services;
49.14 	(5) mental health services for people from cultural and ethnic minorities, including 
49.15 	supervision of clinical trainees who are Black, indigenous, or people of color;
49.16 	(6) children's mental health screening and follow-up diagnostic assessment and treatment;
49.17 	(7) services to promote and develop the capacity of providers to use evidence-based 
49.18 	practices in providing children's mental health services;
49.19 	(8) school-linked mental health services under section 245.4901;
49.20 	(9) building evidence-based mental health intervention capacity for children birth to age 
49.21 	five;
49.22 	(10) suicide prevention and counseling services that use text messaging statewide;
49.23 	(11) mental health first aid training;
49.24 	(12) training for parents, collaborative partners, and mental health providers on the 
49.25 	impact of adverse childhood experiences and trauma and development of an interactive 
49.26 	website to share information and strategies to promote resilience and prevent trauma;
49.27 	(13) transition age services to develop or expand mental health treatment and supports 
49.28 	for adolescents and young adults 26 years of age or younger;
49.29 	(14) early childhood mental health consultation;
50.1 	(15) evidence-based interventions for youth at risk of developing or experiencing a first 
50.2 	episode of psychosis, and a public awareness campaign on the signs and symptoms of 
50.3 	psychosis;
50.4 	(16) psychiatric consultation for primary care practitioners; and
50.5 	(17) providers to begin operations and meet program requirements when establishing a 
50.6 	new children's mental health program. These may be start-up grants.; and
50.7 	(18) evidence-informed interventions for youth and young adults who are at risk of 
50.8 	developing a mood disorder or are experiencing an emerging mood disorder, including 
50.9 	major depression and bipolar disorders, and a public awareness campaign on the signs and 
50.10 	symptoms of mood disorders in youth and young adults.
50.11 	(c) Services under paragraph (b) must be designed to help each child to function and 
50.12 	remain with the child's family in the community and delivered consistent with the child's 
50.13 	treatment plan. Transition services to eligible young adults under this paragraph must be 
50.14 	designed to foster independent living in the community.
50.15 	(d) As a condition of receiving grant funds, a grantee shall obtain all available third-party 
50.16 	reimbursement sources, if applicable.

50.17 	EFFECTIVE DATE. This section is effective July 1, 2022.

50.18 	Sec. 8. Minnesota Statutes 2020, section 245.4889, is amended by adding a subdivision 
50.19 	to read:
50.20 		Subd. 4.Respite care services. Respite care services under subdivision 1, paragraph 
50.21 	(b), clause (3), include hourly or overnight stays at a licensed foster home or with a qualified 
50.22 	and approved family member or friend and may occur at a child's or provider's home. Respite 
50.23 	care services may also include the following activities and expenses:
50.24 	(1) recreational, sport, and nonsport extracurricular activities and programs for the child 
50.25 	including camps, clubs, activities, lessons, group outings, sports, or other activities and 
50.26 	programs;
50.27 	(2) family activities, camps, and retreats that the family does together and provide a 
50.28 	break from the family's circumstance;
50.29 	(3) cultural programs and activities for the child and family designed to address the 
50.30 	unique needs of individuals who share a common language, racial, ethnic, or social 
50.31 	background; and
51.1 	(4) costs of transportation, food, supplies, and equipment directly associated with 
51.2 	approved respite care services and expenses necessary for the child and family to access 
51.3 	and participate in respite care services.

51.4 	EFFECTIVE DATE. This section is effective July 1, 2022.

51.5 	Sec. 9. [245.4903] FIRST EPISODE OF PSYCHOSIS GRANT PROGRAM.
51.6 		Subdivision 1.Creation. The first episode of psychosis grant program is established in 
51.7 	the Department of Human Services to fund evidence-based interventions for youth at risk 
51.8 	of developing or experiencing a first episode of psychosis and a public awareness campaign 
51.9 	on the signs and symptoms of psychosis. First episode of psychosis services are eligible for 
51.10 	children's mental health grants as specified in section 245.4889, subdivision 1, paragraph 
51.11 	(b), clause (15).
51.12 		Subd. 2.Activities. (a) All first episode of psychosis grant programs must:
51.13 	(1) provide intensive treatment and support for adolescents and adults experiencing or 
51.14 	at risk of experiencing a first psychotic episode. Intensive treatment and support includes 
51.15 	medication management, psychoeducation for an individual and an individual's family, case 
51.16 	management, employment support, education support, cognitive behavioral approaches, 
51.17 	social skills training, peer support, crisis planning, and stress management;
51.18 	(2) conduct outreach and provide training and guidance to mental health and health care 
51.19 	professionals, including postsecondary health clinicians, on early psychosis symptoms, 
51.20 	screening tools, and best practices;
51.21 	(3) ensure access for individuals to first psychotic episode services under this section, 
51.22 	including access for individuals who live in rural areas; and
51.23 	(4) use all available funding streams.
51.24 	(b) Grant money may also be used to pay for housing or travel expenses for individuals 
51.25 	receiving services or to address other barriers preventing individuals and their families from 
51.26 	participating in first psychotic episode services.
51.27 		Subd. 3.Eligibility. Program activities must be provided to people 15 to 40 years old 
51.28 	with early signs of psychosis.
51.29 		Subd. 4.Outcomes. Evaluation of program activities must utilize evidence-based 
51.30 	practices and must include the following outcome evaluation criteria:
51.31 	(1) whether individuals experience a reduction in psychotic symptoms;
52.1 	(2) whether individuals experience a decrease in inpatient mental health hospitalizations; 
52.2 	and
52.3 	(3) whether individuals experience an increase in educational attainment.
52.4 		Subd. 5.Federal aid or grants. The commissioner of human services must comply with 
52.5 	all conditions and requirements necessary to receive federal aid or grants.

52.6 	Sec. 10. [245.4904] EMERGING MOOD DISORDER GRANT PROGRAM.
52.7 		Subdivision 1.Creation. (a) The emerging mood disorder grant program is established 
52.8 	in the Department of Human Services to fund:
52.9 	(1) evidence-informed interventions for youth and young adults who are at risk of 
52.10 	developing a mood disorder or are experiencing an emerging mood disorder, including 
52.11 	major depression and bipolar disorders; and
52.12 	(2) a public awareness campaign on the signs and symptoms of mood disorders in youth 
52.13 	and young adults.
52.14 	(b) Emerging mood disorder services are eligible for children's mental health grants as 
52.15 	specified in section 245.4889, subdivision 1, paragraph (b), clause (18).
52.16 		Subd. 2.Activities. (a) All emerging mood disorder grant programs must:
52.17 	(1) provide intensive treatment and support to adolescents and young adults experiencing 
52.18 	or at risk of experiencing an emerging mood disorder. Intensive treatment and support 
52.19 	includes medication management, psychoeducation for the individual and the individual's 
52.20 	family, case management, employment support, education support, cognitive behavioral 
52.21 	approaches, social skills training, peer support, crisis planning, and stress management;
52.22 	(2) conduct outreach and provide training and guidance to mental health and health care 
52.23 	professionals, including postsecondary health clinicians, on early symptoms of mood 
52.24 	disorders, screening tools, and best practices;
52.25 	(3) ensure access for individuals to emerging mood disorder services under this section, 
52.26 	including ensuring access for individuals who live in rural areas; and
52.27 	(4) use all available funding streams.
52.28 	(b) Grant money may also be used to pay for housing or travel expenses for individuals 
52.29 	receiving services or to address other barriers preventing individuals and their families from 
52.30 	participating in emerging mood disorder services.
53.1 	(c) Grant money may be used by the grantee to evaluate the efficacy of providing 
53.2 	intensive services and supports to people with emerging mood disorders.
53.3 		Subd. 3.Eligibility. Program activities must be provided to youth and young adults with 
53.4 	early signs of an emerging mood disorder.
53.5 		Subd. 4.Outcomes. Evaluation of program activities must utilize evidence-based 
53.6 	practices and must include the following outcome evaluation criteria:
53.7 	(1) whether individuals experience a reduction in mood disorder symptoms; and
53.8 	(2) whether individuals experience a decrease in inpatient mental health hospitalizations.

53.9 	Sec. 11. Minnesota Statutes 2020, section 245.713, subdivision 2, is amended to read:
53.10 		Subd. 2.Total funds available; allocation. Funds granted to the state by the federal 
53.11 	government under United States Code, title 42, sections 300X to 300X-9 each federal fiscal 
53.12 	year for mental health services must be allocated as follows:
53.13 	(a) Any amount set aside by the commissioner of human services for American Indian 
53.14 	organizations within the state, which funds shall not duplicate any direct federal funding of 
53.15 	American Indian organizations and which funds shall be at least 25 percent of the total 
53.16 	federal allocation to the state for mental health services; provided that sufficient applications 
53.17 	for funding are received by the commissioner which meet the specifications contained in 
53.18 	requests for proposals. Money from this source may be used for special committees to advise 
53.19 	the commissioner on mental health programs and services for American Indians and other 
53.20 	minorities or underserved groups. For purposes of this subdivision, "American Indian 
53.21 	organization" means an American Indian tribe or band or an organization providing mental 
53.22 	health services that is legally incorporated as a nonprofit organization registered with the 
53.23 	secretary of state and governed by a board of directors having at least a majority of American 
53.24 	Indian directors.
53.25 	(b) An amount not to exceed five percent of the federal block grant allocation for mental 
53.26 	health services to be retained by the commissioner for administration.
53.27 	(c) Any amount permitted under federal law which the commissioner approves for 
53.28 	demonstration or research projects for severely disturbed children and adolescents, the 
53.29 	underserved, special populations or multiply disabled mentally ill persons. The groups to 
53.30 	be served, the extent and nature of services to be provided, the amount and duration of any 
53.31 	grant awards are to be based on criteria set forth in the Alcohol, Drug Abuse and Mental 
53.32 	Health Block Grant Law, United States Code, title 42, sections 300X to 300X-9, and on 
53.33 	state policies and procedures determined necessary by the commissioner. Grant recipients 
54.1 	must comply with applicable state and federal requirements and demonstrate fiscal and 
54.2 	program management capabilities that will result in provision of quality, cost-effective 
54.3 	services.
54.4 	(d) The amount required under federal law, for federally mandated expenditures.
54.5 	(e) An amount not to exceed 15 percent of the federal block grant allocation for mental 
54.6 	health services to be retained by the commissioner for planning and evaluation.

54.7 	EFFECTIVE DATE. This section is effective July 1, 2022.

54.8 	Sec. 12. [245.991] PROJECTS FOR ASSISTANCE IN TRANSITION FROM 
54.9 	HOMELESSNESS PROGRAM.
54.10 		Subdivision 1.Creation. The projects for assistance in transition from homelessness 
54.11 	program is established in the Department of Human Services to prevent or end homelessness 
54.12 	for people with serious mental illness and substance use disorders and ensure the 
54.13 	commissioner may achieve the goals of the housing mission statement in section 245.461, 
54.14 	subdivision 4.
54.15 		Subd. 2.Activities. All projects for assistance in transition from homelessness must 
54.16 	provide homeless outreach and case management services. Projects may provide clinical 
54.17 	assessment, habilitation and rehabilitation services, community mental health services, 
54.18 	substance use disorder treatment, housing transition and sustaining services, direct assistance 
54.19 	funding, and other activities as determined by the commissioner.
54.20 		Subd. 3.Eligibility. Program activities must be provided to people with serious mental 
54.21 	illness or a substance use disorder who meet homeless criteria determined by the 
54.22 	commissioner. People receiving homeless outreach may be presumed eligible until a serious 
54.23 	mental illness or a substance use disorder can be verified.
54.24 		Subd. 4.Outcomes. Evaluation of each project must include the following outcome 
54.25 	evaluation criteria:
54.26 	(1) whether people are contacted through homeless outreach services;
54.27 	(2) whether people are enrolled in case management services;
54.28 	(3) whether people access behavioral health services; and
54.29 	(4) whether people transition from homelessness to housing.
55.1 		Subd. 5.Federal aid or grants. The commissioner of human services must comply with 
55.2 	all conditions and requirements necessary to receive federal aid or grants with respect to 
55.3 	homeless services or programs as specified in section 245.70.

55.4 	Sec. 13. [245.992] HOUSING WITH SUPPORT FOR BEHAVIORAL HEALTH.
55.5 		Subdivision 1.Creation. The housing with support for behavioral health program is 
55.6 	established in the Department of Human Services to prevent or end homelessness for people 
55.7 	with serious mental illness and substance use disorders, increase the availability of housing 
55.8 	with support, and ensure the commissioner may achieve the goals of the housing mission 
55.9 	statement in section 245.461, subdivision 4.
55.10 		Subd. 2.Activities. The housing with support for behavioral health program may provide 
55.11 	a range of activities and supportive services to ensure that people obtain and retain permanent 
55.12 	supportive housing. Program activities may include case management, site-based housing 
55.13 	services, housing transition and sustaining services, outreach services, community support 
55.14 	services, direct assistance funding, and other activities as determined by the commissioner.
55.15 		Subd. 3.Eligibility. Program activities must be provided to people with a serious mental 
55.16 	illness or a substance use disorder who meet homeless criteria determined by the 
55.17 	commissioner.
55.18 		Subd. 4.Outcomes. Evaluation of program activities must utilize evidence-based 
55.19 	practices and must include the following outcome evaluation criteria:
55.20 	(1) whether housing and activities utilize evidence-based practices;
55.21 	(2) whether people transition from homelessness to housing;
55.22 	(3) whether people retain housing; and
55.23 	(4) whether people are satisfied with their current housing.

55.24 	Sec. 14. Minnesota Statutes 2020, section 245F.03, is amended to read:
55.25 	245F.03 APPLICATION.
55.26 	(a) This chapter establishes minimum standards for withdrawal management programs 
55.27 	licensed by the commissioner that serve one or more unrelated persons.
55.28 	(b) This chapter does not apply to a withdrawal management program licensed as a 
55.29 	hospital under sections 144.50 to 144.581. A withdrawal management program located in 
55.30 	a hospital licensed under sections 144.50 to 144.581 that chooses to be licensed under this 
55.31 	chapter is deemed to be in compliance with section 245F.13.
56.1 	(c) Minnesota Rules, parts 9530.6600 to 9530.6655, do not apply to withdrawal 
56.2 	management programs licensed under this chapter.

56.3 	EFFECTIVE DATE. This section is effective July 1, 2022.

56.4 	Sec. 15. Minnesota Statutes 2020, section 245G.05, subdivision 2, is amended to read:
56.5 		Subd. 2.Assessment summary. (a) An alcohol and drug counselor must complete an 
56.6 	assessment summary within three calendar days from the day of service initiation for a 
56.7 	residential program and within three calendar days on which a treatment session has been 
56.8 	provided from the day of service initiation for a client in a nonresidential program. The 
56.9 	comprehensive assessment summary is complete upon a qualified staff member's dated 
56.10 	signature. If the comprehensive assessment is used to authorize the treatment service, the 
56.11 	alcohol and drug counselor must prepare an assessment summary on the same date the 
56.12 	comprehensive assessment is completed. If the comprehensive assessment and assessment 
56.13 	summary are to authorize treatment services, the assessor must determine appropriate level 
56.14 	of care and services for the client using the dimensions in Minnesota Rules, part 9530.6622
56.15 	criteria established in section 254B.04, subdivision 4, and document the recommendations.
56.16 	(b) An assessment summary must include:
56.17 	(1) a risk description according to section 245G.05 for each dimension listed in paragraph 
56.18 	(c);
56.19 	(2) a narrative summary supporting the risk descriptions; and
56.20 	(3) a determination of whether the client has a substance use disorder.
56.21 	(c) An assessment summary must contain information relevant to treatment service 
56.22 	planning and recorded in the dimensions in clauses (1) to (6). The license holder must 
56.23 	consider:
56.24 	(1) Dimension 1, acute intoxication/withdrawal potential; the client's ability to cope with 
56.25 	withdrawal symptoms and current state of intoxication;
56.26 	(2) Dimension 2, biomedical conditions and complications; the degree to which any 
56.27 	physical disorder of the client would interfere with treatment for substance use, and the 
56.28 	client's ability to tolerate any related discomfort. The license holder must determine the 
56.29 	impact of continued substance use on the unborn child, if the client is pregnant;
56.30 	(3) Dimension 3, emotional, behavioral, and cognitive conditions and complications; 
56.31 	the degree to which any condition or complication is likely to interfere with treatment for 
57.1 	substance use or with functioning in significant life areas and the likelihood of harm to self 
57.2 	or others;
57.3 	(4) Dimension 4, readiness for change; the support necessary to keep the client involved 
57.4 	in treatment service;
57.5 	(5) Dimension 5, relapse, continued use, and continued problem potential; the degree 
57.6 	to which the client recognizes relapse issues and has the skills to prevent relapse of either 
57.7 	substance use or mental health problems; and
57.8 	(6) Dimension 6, recovery environment; whether the areas of the client's life are 
57.9 	supportive of or antagonistic to treatment participation and recovery.

57.10 	EFFECTIVE DATE. This section is effective July 1, 2022.

57.11 	Sec. 16. Minnesota Statutes 2020, section 245G.22, subdivision 2, is amended to read:
57.12 		Subd. 2.Definitions. (a) For purposes of this section, the terms defined in this subdivision 
57.13 	have the meanings given them.
57.14 	(b) "Diversion" means the use of a medication for the treatment of opioid addiction being 
57.15 	diverted from intended use of the medication.
57.16 	(c) "Guest dose" means administration of a medication used for the treatment of opioid 
57.17 	addiction to a person who is not a client of the program that is administering or dispensing 
57.18 	the medication.
57.19 	(d) "Medical director" means a practitioner licensed to practice medicine in the 
57.20 	jurisdiction that the opioid treatment program is located who assumes responsibility for 
57.21 	administering all medical services performed by the program, either by performing the 
57.22 	services directly or by delegating specific responsibility to a practitioner of the opioid 
57.23 	treatment program.
57.24 	(e) "Medication used for the treatment of opioid use disorder" means a medication 
57.25 	approved by the Food and Drug Administration for the treatment of opioid use disorder.
57.26 	(f) "Minnesota health care programs" has the meaning given in section 256B.0636.
57.27 	(g) "Opioid treatment program" has the meaning given in Code of Federal Regulations, 
57.28 	title 42, section 8.12, and includes programs licensed under this chapter.
57.29 	(h) "Placing authority" has the meaning given in Minnesota Rules, part 9530.6605, 
57.30 	subpart 21a.
58.1 	(i) (h) "Practitioner" means a staff member holding a current, unrestricted license to 
58.2 	practice medicine issued by the Board of Medical Practice or nursing issued by the Board 
58.3 	of Nursing and is currently registered with the Drug Enforcement Administration to order 
58.4 	or dispense controlled substances in Schedules II to V under the Controlled Substances Act, 
58.5 	United States Code, title 21, part B, section 821. Practitioner includes an advanced practice 
58.6 	registered nurse and physician assistant if the staff member receives a variance by the state 
58.7 	opioid treatment authority under section 254A.03 and the federal Substance Abuse and 
58.8 	Mental Health Services Administration.
58.9 	(j) (i) "Unsupervised use" means the use of a medication for the treatment of opioid use 
58.10 	disorder dispensed for use by a client outside of the program setting.

58.11 	EFFECTIVE DATE. This section is effective July 1, 2022.

58.12 	Sec. 17. Minnesota Statutes 2020, section 245G.22, subdivision 15, is amended to read:
58.13 		Subd. 15.Nonmedication treatment services; documentation. (a) The program must 
58.14 	offer at least 50 consecutive minutes of individual or group therapy treatment services as 
58.15 	defined in section 245G.07, subdivision 1, paragraph (a), clause (1), per week, for the first 
58.16 	ten weeks following the day of service initiation, and at least 50 consecutive minutes per 
58.17 	month thereafter. As clinically appropriate, the program may offer these services cumulatively 
58.18 	and not consecutively in increments of no less than 15 minutes over the required time period, 
58.19 	and for a total of 60 minutes of treatment services over the time period, and must document 
58.20 	the reason for providing services cumulatively in the client's record. The program may offer 
58.21 	additional levels of service when deemed clinically necessary.
58.22 	(b) (a) Notwithstanding the requirements of comprehensive assessments in section 
58.23 	245G.05, the assessment must be completed within 21 days from the day of service initiation.
58.24 	(c) (b) Notwithstanding the requirements of individual treatment plans set forth in section 
58.25 	245G.06:
58.26 	(1) treatment plan contents for a maintenance client are not required to include goals 
58.27 	the client must reach to complete treatment and have services terminated;
58.28 	(2) treatment plans for a client in a taper or detox status must include goals the client 
58.29 	must reach to complete treatment and have services terminated; and
58.30 	(3) for the ten weeks following the day of service initiation for all new admissions, 
58.31 	readmissions, and transfers, a weekly treatment plan review must be documented once the 
58.32 	treatment plan is completed. Subsequently, the counselor must document treatment plan 
59.1 	reviews in the six dimensions at least once monthly or, when clinical need warrants, more 
59.2 	frequently.

59.3 	Sec. 18. Minnesota Statutes 2021 Supplement, section 254A.03, subdivision 3, is amended 
59.4 	to read:
59.5 		Subd. 3.Rules for substance use disorder care. (a) The commissioner of human 
59.6 	services shall establish by rule criteria to be used in determining the appropriate level of 
59.7 	chemical dependency care for each recipient of public assistance seeking treatment for 
59.8 	substance misuse or substance use disorder. Upon federal approval of a comprehensive 
59.9 	assessment as a Medicaid benefit, or on July 1, 2018, whichever is later, and notwithstanding 
59.10 	the criteria in Minnesota Rules, parts 9530.6600 to 9530.6655, An eligible vendor of 
59.11 	comprehensive assessments under section 254B.05 may determine and approve the 
59.12 	appropriate level of substance use disorder treatment for a recipient of public assistance. 
59.13 	The process for determining an individual's financial eligibility for the behavioral health 
59.14 	fund or determining an individual's enrollment in or eligibility for a publicly subsidized 
59.15 	health plan is not affected by the individual's choice to access a comprehensive assessment 
59.16 	for placement.
59.17 	(b) The commissioner shall develop and implement a utilization review process for 
59.18 	publicly funded treatment placements to monitor and review the clinical appropriateness 
59.19 	and timeliness of all publicly funded placements in treatment.
59.20 	(c) If a screen result is positive for alcohol or substance misuse, a brief screening for 
59.21 	alcohol or substance use disorder that is provided to a recipient of public assistance within 
59.22 	a primary care clinic, hospital, or other medical setting or school setting establishes medical 
59.23 	necessity and approval for an initial set of substance use disorder services identified in 
59.24 	section 254B.05, subdivision 5. The initial set of services approved for a recipient whose 
59.25 	screen result is positive may include any combination of up to four hours of individual or 
59.26 	group substance use disorder treatment, two hours of substance use disorder treatment 
59.27 	coordination, or two hours of substance use disorder peer support services provided by a 
59.28 	qualified individual according to chapter 245G. A recipient must obtain an assessment 
59.29 	pursuant to paragraph (a) to be approved for additional treatment services. Minnesota Rules, 
59.30 	parts 9530.6600 to 9530.6655, and A comprehensive assessment pursuant to section 245G.05 
59.31 	are not applicable is not required to receive the initial set of services allowed under this 
59.32 	subdivision. A positive screen result establishes eligibility for the initial set of services 
59.33 	allowed under this subdivision.
60.1 	(d) Notwithstanding Minnesota Rules, parts 9530.6600 to 9530.6655, An individual 
60.2 	may choose to obtain a comprehensive assessment as provided in section 245G.05. 
60.3 	Individuals obtaining a comprehensive assessment may access any enrolled provider that 
60.4 	is licensed to provide the level of service authorized pursuant to section 254A.19, subdivision 
60.5 	3, paragraph (d). If the individual is enrolled in a prepaid health plan, the individual must 
60.6 	comply with any provider network requirements or limitations. This paragraph expires July 
60.7 	1, 2022.

60.8 	EFFECTIVE DATE. This section is effective July 1, 2022.

60.9 	Sec. 19. Minnesota Statutes 2020, section 254A.19, subdivision 1, is amended to read:
60.10 		Subdivision 1.Persons arrested outside of home countycounty of residence. When 
60.11 	a chemical use assessment is required under Minnesota Rules, parts 9530.6600 to 9530.6655,
60.12 	for a person who is arrested and taken into custody by a peace officer outside of the person's 
60.13 	county of residence, the assessment must be completed by the person's county of residence 
60.14 	no later than three weeks after the assessment is initially requested. If the assessment is not 
60.15 	performed within this time limit, the county where the person is to be sentenced shall perform 
60.16 	the assessment county where the person is detained must facilitate access to an assessor 
60.17 	qualified under subdivision 3. The county of financial responsibility is determined under 
60.18 	chapter 256G.

60.19 	EFFECTIVE DATE. This section is effective July 1, 2022.

60.20 	Sec. 20. Minnesota Statutes 2020, section 254A.19, subdivision 3, is amended to read:
60.21 		Subd. 3.Financial conflicts of interest Comprehensive assessments. (a) Except as 
60.22 	provided in paragraph (b), (c), or (d), an assessor conducting a chemical use assessment 
60.23 	under Minnesota Rules, parts 9530.6600 to 9530.6655, may not have any direct or shared 
60.24 	financial interest or referral relationship resulting in shared financial gain with a treatment 
60.25 	provider.
60.26 	(b) A county may contract with an assessor having a conflict described in paragraph (a) 
60.27 	if the county documents that:
60.28 	(1) the assessor is employed by a culturally specific service provider or a service provider 
60.29 	with a program designed to treat individuals of a specific age, sex, or sexual preference;
60.30 	(2) the county does not employ a sufficient number of qualified assessors and the only 
60.31 	qualified assessors available in the county have a direct or shared financial interest or a 
60.32 	referral relationship resulting in shared financial gain with a treatment provider; or
61.1 	(3) the county social service agency has an existing relationship with an assessor or 
61.2 	service provider and elects to enter into a contract with that assessor to provide both 
61.3 	assessment and treatment under circumstances specified in the county's contract, provided 
61.4 	the county retains responsibility for making placement decisions.
61.5 	(c) The county may contract with a hospital to conduct chemical assessments if the 
61.6 	requirements in subdivision 1a are met.
61.7 	An assessor under this paragraph may not place clients in treatment. The assessor shall 
61.8 	gather required information and provide it to the county along with any required 
61.9 	documentation. The county shall make all placement decisions for clients assessed by 
61.10 	assessors under this paragraph.
61.11 	(d) An eligible vendor under section 254B.05 conducting a comprehensive assessment 
61.12 	for an individual seeking treatment shall approve the nature, intensity level, and duration 
61.13 	of treatment service if a need for services is indicated, but the individual assessed can access 
61.14 	any enrolled provider that is licensed to provide the level of service authorized, including 
61.15 	the provider or program that completed the assessment. If an individual is enrolled in a 
61.16 	prepaid health plan, the individual must comply with any provider network requirements 
61.17 	or limitations. An eligible vendor of a comprehensive assessment must provide information, 
61.18 	in a format provided by the commissioner, on medical assistance and the behavioral health 
61.19 	fund to individuals seeking an assessment.

61.20 	EFFECTIVE DATE. This section is effective July 1, 2022.

61.21 	Sec. 21. Minnesota Statutes 2021 Supplement, section 254A.19, subdivision 4, is amended 
61.22 	to read:
61.23 		Subd. 4.Civil commitments. A Rule 25 assessment, under Minnesota Rules, part 
61.24 	9530.6615, For the purposes of determining level of care, a comprehensive assessment does 
61.25 	not need to be completed for an individual being committed as a chemically dependent 
61.26 	person, as defined in section 253B.02, and for the duration of a civil commitment under 
61.27 	section 253B.065,253B.09, or 253B.095 in order for a county to access the behavioral 
61.28 	health fund under section 254B.04. The county must determine if the individual meets the 
61.29 	financial eligibility requirements for the behavioral health fund under section 254B.04. 
61.30 	Nothing in this subdivision prohibits placement in a treatment facility or treatment program 
61.31 	governed under this chapter or Minnesota Rules, parts 9530.6600 to 9530.6655.

61.32 	EFFECTIVE DATE. This section is effective July 1, 2022.

62.1 	Sec. 22. Minnesota Statutes 2020, section 254A.19, is amended by adding a subdivision 
62.2 	to read:
62.3 		Subd. 6.Assessments for detoxification programs. For detoxification programs licensed 
62.4 	under chapter 245A according to Minnesota Rules, parts 9530.6510 to 9530.6590, a 
62.5 	"chemical use assessment" means a comprehensive assessment and assessment summary 
62.6 	completed according to section 245G.05 and a "chemical dependency assessor" or "assessor" 
62.7 	means an individual who meets the qualifications of section 245G.11, subdivisions 1 and 
62.8 	5.

62.9 	EFFECTIVE DATE. This section is effective July 1, 2022.

62.10 	Sec. 23. Minnesota Statutes 2020, section 254A.19, is amended by adding a subdivision 
62.11 	to read:
62.12 		Subd. 7.Assessments for children's residential facilities. For children's residential 
62.13 	facilities licensed under chapter 245A according to Minnesota Rules, parts 2960.0010 to 
62.14 	2960.0220 and 2960.0430 to 2960.0500, a "chemical use assessment" means a comprehensive 
62.15 	assessment and assessment summary completed according to section 245G.05 by an 
62.16 	individual who meets the qualifications of section 245G.11, subdivisions 1 and 5.

62.17 	EFFECTIVE DATE. This section is effective July 1, 2022.

62.18 	Sec. 24. Minnesota Statutes 2020, section 254B.01, is amended by adding a subdivision 
62.19 	to read:
62.20 		Subd. 2a.Behavioral health fund. "Behavioral health fund" means money allocated 
62.21 	for payment of treatment services under this chapter.

62.22 	EFFECTIVE DATE. This section is effective July 1, 2022.

62.23 	Sec. 25. Minnesota Statutes 2020, section 254B.01, is amended by adding a subdivision 
62.24 	to read:
62.25 		Subd. 2b.Client. "Client" means an individual who has requested substance use disorder 
62.26 	services, or for whom substance use disorder services have been requested.

62.27 	EFFECTIVE DATE. This section is effective July 1, 2022.

63.1 	Sec. 26. Minnesota Statutes 2020, section 254B.01, is amended by adding a subdivision 
63.2 	to read:
63.3 		Subd. 2c.Co-payment. "Co-payment" means the amount an insured person is obligated 
63.4 	to pay before the person's third-party payment source is obligated to make a payment, or 
63.5 	the amount an insured person is obligated to pay in addition to the amount the person's 
63.6 	third-party payment source is obligated to pay.

63.7 	EFFECTIVE DATE. This section is effective July 1, 2022.

63.8 	Sec. 27. Minnesota Statutes 2020, section 254B.01, is amended by adding a subdivision 
63.9 	to read:
63.10 		Subd. 4c.Department. "Department" means the Department of Human Services.

63.11 	EFFECTIVE DATE. This section is effective July 1, 2022.

63.12 	Sec. 28. Minnesota Statutes 2020, section 254B.01, is amended by adding a subdivision 
63.13 	to read:
63.14 		Subd. 4d.Drug and alcohol abuse normative evaluation system or DAANES. "Drug 
63.15 	and alcohol abuse normative evaluation system" or "DAANES" means the reporting system 
63.16 	used to collect substance use disorder treatment data across all levels of care and providers.

63.17 	EFFECTIVE DATE. This section is effective July 1, 2022.

63.18 	Sec. 29. Minnesota Statutes 2020, section 254B.01, subdivision 5, is amended to read:
63.19 		Subd. 5.Local agency. "Local agency" means the agency designated by a board of 
63.20 	county commissioners, a local social services agency, or a human services board to make 
63.21 	placements and submit state invoices according to Laws 1986, chapter 394, sections 8 to 
63.22 	20 authorized under section 254B.03, subdivision 1, to determine financial eligibility for 
63.23 	the behavioral health fund.

63.24 	Sec. 30. Minnesota Statutes 2020, section 254B.01, is amended by adding a subdivision 
63.25 	to read:
63.26 		Subd. 6a.Minor child. "Minor child" means an individual under the age of 18 years.

63.27 	EFFECTIVE DATE. This section is effective July 1, 2022.

64.1 	Sec. 31. Minnesota Statutes 2020, section 254B.01, is amended by adding a subdivision 
64.2 	to read:
64.3 		Subd. 6b.Policy holder. "Policy holder" means a person who has a third-party payment 
64.4 	policy under which a third-party payment source has an obligation to pay all or part of a 
64.5 	client's treatment costs.

64.6 	EFFECTIVE DATE. This section is effective July 1, 2022.

64.7 	Sec. 32. Minnesota Statutes 2020, section 254B.01, is amended by adding a subdivision 
64.8 	to read:
64.9 		Subd. 9.Responsible relative. "Responsible relative" means a person who is a member 
64.10 	of the client's household and is a client's spouse or the parent of a minor child who is a 
64.11 	client.

64.12 	EFFECTIVE DATE. This section is effective July 1, 2022.

64.13 	Sec. 33. Minnesota Statutes 2020, section 254B.01, is amended by adding a subdivision 
64.14 	to read:
64.15 		Subd. 10.Third-party payment source. "Third-party payment source" means a person, 
64.16 	entity, or public or private agency other than medical assistance or general assistance medical 
64.17 	care that has a probable obligation to pay all or part of the costs of a client's substance use 
64.18 	disorder treatment.

64.19 	EFFECTIVE DATE. This section is effective July 1, 2022.

64.20 	Sec. 34. Minnesota Statutes 2020, section 254B.01, is amended by adding a subdivision 
64.21 	to read:
64.22 		Subd. 11.Vendor. "Vendor" means a provider of substance use disorder treatment 
64.23 	services that meets the criteria established in section 254B.05 and that has applied to 
64.24 	participate as a provider in the medical assistance program according to Minnesota Rules, 
64.25 	part 9505.0195.

64.26 	EFFECTIVE DATE. This section is effective July 1, 2022.

64.27 	Sec. 35. Minnesota Statutes 2020, section 254B.01, is amended by adding a subdivision 
64.28 	to read:
64.29 		Subd. 12.American Society of Addiction Medicine criteria or ASAM 
64.30 	criteria. "American Society of Addiction Medicine criteria" or "ASAM criteria" means the 
65.1 	clinical guidelines for purposes of the assessment, treatment, placement, and transfer or 
65.2 	discharge of individuals with substance use disorders. The ASAM criteria are contained in 
65.3 	the current edition of the ASAM Criteria: Treatment Criteria for Addictive, 
65.4 	Substance-Related, and Co-Occurring Conditions.

65.5 	EFFECTIVE DATE. This section is effective July 1, 2022.

65.6 	Sec. 36. Minnesota Statutes 2020, section 254B.01, is amended by adding a subdivision 
65.7 	to read:
65.8 		Subd. 13.Skilled treatment services. "Skilled treatment services" means the "treatment 
65.9 	services" described by section 245G.07, subdivisions 1, paragraph (a), clauses (1) to (4); 
65.10 	and 2, clauses (1) to (6). Skilled treatment services must be provided by qualified 
65.11 	professionals as identified in section 245G.07, subdivision 3.

65.12 	EFFECTIVE DATE. This section is effective July 1, 2022.

65.13 	Sec. 37. Minnesota Statutes 2020, section 254B.03, subdivision 1, is amended to read:
65.14 		Subdivision 1.Local agency duties. (a) Every local agency shall must determine financial 
65.15 	eligibility for substance use disorder services and provide chemical dependency substance 
65.16 	use disorder services to persons residing within its jurisdiction who meet criteria established 
65.17 	by the commissioner for placement in a chemical dependency residential or nonresidential 
65.18 	treatment service. Chemical dependency money must be administered by the local agencies 
65.19 	according to law and rules adopted by the commissioner under sections 14.001 to 14.69.
65.20 	(b) In order to contain costs, the commissioner of human services shall select eligible 
65.21 	vendors of chemical dependency services who can provide economical and appropriate 
65.22 	treatment. Unless the local agency is a social services department directly administered by 
65.23 	a county or human services board, the local agency shall not be an eligible vendor under 
65.24 	section 254B.05. The commissioner may approve proposals from county boards to provide 
65.25 	services in an economical manner or to control utilization, with safeguards to ensure that 
65.26 	necessary services are provided. If a county implements a demonstration or experimental 
65.27 	medical services funding plan, the commissioner shall transfer the money as appropriate.
65.28 	(c) A culturally specific vendor that provides assessments under a variance under 
65.29 	Minnesota Rules, part 9530.6610, shall be allowed to provide assessment services to persons 
65.30 	not covered by the variance.
65.31 	(d) Notwithstanding Minnesota Rules, parts 9530.6600 to 9530.6655,(c) An individual 
65.32 	may choose to obtain a comprehensive assessment as provided in section 245G.05. 
66.1 	Individuals obtaining a comprehensive assessment may access any enrolled provider that 
66.2 	is licensed to provide the level of service authorized pursuant to section 254A.19, subdivision 
66.3 	3, paragraph (d). If the individual is enrolled in a prepaid health plan, the individual must 
66.4 	comply with any provider network requirements or limitations.
66.5 	(e) (d) Beginning July 1, 2022, local agencies shall not make placement location 
66.6 	determinations.

66.7 	EFFECTIVE DATE. This section is effective July 1, 2022.

66.8 	Sec. 38. Minnesota Statutes 2021 Supplement, section 254B.03, subdivision 2, is amended 
66.9 	to read:
66.10 		Subd. 2.Behavioral health fund payment. (a) Payment from the behavioral health 
66.11 	fund is limited to payments for services identified in section 254B.05, other than 
66.12 	detoxification licensed under Minnesota Rules, parts 9530.6510 to 9530.6590, and 
66.13 	detoxification provided in another state that would be required to be licensed as a chemical 
66.14 	dependency program if the program were in the state. Out of state vendors must also provide 
66.15 	the commissioner with assurances that the program complies substantially with state licensing 
66.16 	requirements and possesses all licenses and certifications required by the host state to provide 
66.17 	chemical dependency treatment. Vendors receiving payments from the behavioral health 
66.18 	fund must not require co-payment from a recipient of benefits for services provided under 
66.19 	this subdivision. The vendor is prohibited from using the client's public benefits to offset 
66.20 	the cost of services paid under this section. The vendor shall not require the client to use 
66.21 	public benefits for room or board costs. This includes but is not limited to cash assistance 
66.22 	benefits under chapters 119B, 256D, and 256J, or SNAP benefits. Retention of SNAP 
66.23 	benefits is a right of a client receiving services through the behavioral health fund or through 
66.24 	state contracted managed care entities. Payment from the behavioral health fund shall be 
66.25 	made for necessary room and board costs provided by vendors meeting the criteria under 
66.26 	section 254B.05, subdivision 1a, or in a community hospital licensed by the commissioner 
66.27 	of health according to sections 144.50 to 144.56 to a client who is:
66.28 	(1) determined to meet the criteria for placement in a residential chemical dependency 
66.29 	treatment program according to rules adopted under section 254A.03, subdivision 3; and
66.30 	(2) concurrently receiving a chemical dependency treatment service in a program licensed 
66.31 	by the commissioner and reimbursed by the behavioral health fund.
66.32 	(b) A county may, from its own resources, provide chemical dependency services for 
66.33 	which state payments are not made. A county may elect to use the same invoice procedures 
67.1 	and obtain the same state payment services as are used for chemical dependency services 
67.2 	for which state payments are made under this section if county payments are made to the 
67.3 	state in advance of state payments to vendors. When a county uses the state system for 
67.4 	payment, the commissioner shall make monthly billings to the county using the most recent 
67.5 	available information to determine the anticipated services for which payments will be made 
67.6 	in the coming month. Adjustment of any overestimate or underestimate based on actual 
67.7 	expenditures shall be made by the state agency by adjusting the estimate for any succeeding 
67.8 	month.
67.9 	(c) (b) The commissioner shall coordinate chemical dependency services and determine 
67.10 	whether there is a need for any proposed expansion of chemical dependency treatment 
67.11 	services. The commissioner shall deny vendor certification to any provider that has not 
67.12 	received prior approval from the commissioner for the creation of new programs or the 
67.13 	expansion of existing program capacity. The commissioner shall consider the provider's 
67.14 	capacity to obtain clients from outside the state based on plans, agreements, and previous 
67.15 	utilization history, when determining the need for new treatment services.
67.16 	(d) (c) At least 60 days prior to submitting an application for new licensure under chapter 
67.17 	245G, the applicant must notify the county human services director in writing of the 
67.18 	applicant's intent to open a new treatment program. The written notification must include, 
67.19 	at a minimum:
67.20 	(1) a description of the proposed treatment program; and
67.21 	(2) a description of the target population to be served by the treatment program.
67.22 	(e) (d) The county human services director may submit a written statement to the 
67.23 	commissioner, within 60 days of receiving notice from the applicant, regarding the county's 
67.24 	support of or opposition to the opening of the new treatment program. The written statement 
67.25 	must include documentation of the rationale for the county's determination. The commissioner 
67.26 	shall consider the county's written statement when determining whether there is a need for 
67.27 	the treatment program as required by paragraph (c) (b).

67.28 	EFFECTIVE DATE. This section is effective July 1, 2022.

67.29 	Sec. 39. Minnesota Statutes 2020, section 254B.03, subdivision 4, is amended to read:
67.30 		Subd. 4.Division of costs. (a) Except for services provided by a county under section 
67.31 	254B.09, subdivision 1, or services provided under section 256B.69, the county shall, out 
67.32 	of local money, pay the state for 22.95 percent of the cost of chemical dependency services, 
67.33 	except for those services provided to persons enrolled in medical assistance under chapter 
68.1 	256B and room and board services under section 254B.05, subdivision 5, paragraph (b), 
68.2 	clause (12) (11). Counties may use the indigent hospitalization levy for treatment and hospital 
68.3 	payments made under this section.
68.4 	(b) 22.95 percent of any state collections from private or third-party pay, less 15 percent 
68.5 	for the cost of payment and collections, must be distributed to the county that paid for a 
68.6 	portion of the treatment under this section.

68.7 	Sec. 40. Minnesota Statutes 2020, section 254B.03, subdivision 5, is amended to read:
68.8 		Subd. 5.Rules; appeal. The commissioner shall adopt rules as necessary to implement 
68.9 	this chapter. The commissioner shall establish an appeals process for use by recipients when 
68.10 	services certified by the county are disputed. The commissioner shall adopt rules and 
68.11 	standards for the appeal process to assure adequate redress for persons referred to 
68.12 	inappropriate services.

68.13 	EFFECTIVE DATE. This section is effective July 1, 2022.

68.14 	Sec. 41. Minnesota Statutes 2021 Supplement, section 254B.04, subdivision 1, is amended 
68.15 	to read:
68.16 		Subdivision 1.Client eligibility. (a) Persons eligible for benefits under Code of Federal 
68.17 	Regulations, title 25, part 20, who meet the income standards of section 256B.056, 
68.18 	subdivision 4, and are not enrolled in medical assistance, are entitled to behavioral health 
68.19 	fund services. State money appropriated for this paragraph must be placed in a separate 
68.20 	account established for this purpose.
68.21 	(b) Persons with dependent children who are determined to be in need of chemical 
68.22 	dependency treatment pursuant to an assessment under section 260E.20, subdivision 1, or 
68.23 	a case plan under section 260C.201, subdivision 6, or 260C.212, shall be assisted by the 
68.24 	local agency to access needed treatment services. Treatment services must be appropriate 
68.25 	for the individual or family, which may include long-term care treatment or treatment in a 
68.26 	facility that allows the dependent children to stay in the treatment facility. The county shall 
68.27 	pay for out-of-home placement costs, if applicable.
68.28 	(c) Notwithstanding paragraph (a), persons enrolled in medical assistance are eligible 
68.29 	for room and board services under section 254B.05, subdivision 5, paragraph (b), clause 
68.30 	(12) (11).
68.31 	(d) A client is eligible to have substance use disorder treatment paid for with funds from 
68.32 	the behavioral health fund if:
69.1 	(1) the client is eligible for MFIP as determined under chapter 256J;
69.2 	(2) the client is eligible for medical assistance as determined under Minnesota Rules, 
69.3 	parts 9505.0010 to 9505.0150;
69.4 	(3) the client is eligible for general assistance, general assistance medical care, or work 
69.5 	readiness as determined under Minnesota Rules, parts 9500.1200 to 9500.1272; or
69.6 	(4) the client's income is within current household size and income guidelines for entitled 
69.7 	persons, as defined in this subdivision and subdivision 7.
69.8 	(e) Clients who meet the financial eligibility requirement in paragraph (a) and who have 
69.9 	a third-party payment source are eligible for the behavioral health fund if the third-party 
69.10 	payment source pays less than 100 percent of the cost of treatment services for eligible 
69.11 	clients.
69.12 	(f) A client is ineligible to have substance use disorder treatment services paid for by 
69.13 	the behavioral health fund if the client:
69.14 	(1) has an income that exceeds current household size and income guidelines for entitled 
69.15 	persons, as defined in this subdivision and subdivision 7; or
69.16 	(2) has an available third-party payment source that will pay the total cost of the client's 
69.17 	treatment.
69.18 	(g) A client who is disenrolled from a state prepaid health plan during a treatment episode 
69.19 	is eligible for continued treatment service paid for by the behavioral health fund until the 
69.20 	treatment episode is completed or the client is re-enrolled in a state prepaid health plan if 
69.21 	the client:
69.22 	(1) continues to be enrolled in MinnesotaCare, medical assistance, or general assistance 
69.23 	medical care; or
69.24 	(2) is eligible according to paragraphs (a) and (b) and is determined eligible by a local 
69.25 	agency under this section.
69.26 	(h) If a county commits a client under chapter 253B to a regional treatment center for 
69.27 	substance use disorder services and the client is ineligible for the behavioral health fund, 
69.28 	the county is responsible for payment to the regional treatment center according to section 
69.29 	254B.05, subdivision 4.

69.30 	EFFECTIVE DATE. This section is effective July 1, 2022.

70.1 	Sec. 42. Minnesota Statutes 2020, section 254B.04, subdivision 2a, is amended to read:
70.2 		Subd. 2a.Eligibility for treatment in residential settings room and board services 
70.3 	for persons in outpatient substance use disorder treatment. Notwithstanding provisions 
70.4 	of Minnesota Rules, part 9530.6622, subparts 5 and 6, related to an assessor's discretion in 
70.5 	making placements to residential treatment settings, A person eligible for room and board
70.6 	services under this section 254B.05, subdivision 5, paragraph (b), clause (12), must score 
70.7 	at level 4 on assessment dimensions related to readiness to change, relapse, continued use, 
70.8 	or recovery environment in order to be assigned to services with a room and board component 
70.9 	reimbursed under this section. Whether a treatment facility has been designated an institution 
70.10 	for mental diseases under United States Code, title 42, section 1396d, shall not be a factor 
70.11 	in making placements.

70.12 	EFFECTIVE DATE. This section is effective July 1, 2022.

70.13 	Sec. 43. Minnesota Statutes 2020, section 254B.04, is amended by adding a subdivision 
70.14 	to read:
70.15 		Subd. 4.Assessment criteria and risk descriptions. (a) The level of care determination 
70.16 	must follow criteria approved by the commissioner.
70.17 	(b) Dimension 1: the vendor must use the criteria in Dimension 1 to determine a client's 
70.18 	acute intoxication and withdrawal potential.
70.19 	(1) "0" The client displays full functioning with good ability to tolerate and cope with 
70.20 	withdrawal discomfort. The client displays no signs or symptoms of intoxication or 
70.21 	withdrawal or diminishing signs or symptoms.
70.22 	(2) "1" The client can tolerate and cope with withdrawal discomfort. The client displays 
70.23 	mild to moderate intoxication or signs and symptoms interfering with daily functioning but 
70.24 	does not immediately endanger self or others. The client poses minimal risk of severe 
70.25 	withdrawal.
70.26 	(3) "2" The client has some difficulty tolerating and coping with withdrawal discomfort. 
70.27 	The client's intoxication may be severe, but the client responds to support and treatment 
70.28 	such that the client does not immediately endanger self or others. The client displays moderate 
70.29 	signs and symptoms with moderate risk of severe withdrawal.
70.30 	(4) "3" The client tolerates and copes with withdrawal discomfort poorly. The client has 
70.31 	severe intoxication, such that the client endangers self or others, or has intoxication that has 
70.32 	not abated with less intensive services. The client displays severe signs and symptoms, risk 
71.1 	of severe but manageable withdrawal, or worsening withdrawal despite detoxification at a 
71.2 	less intensive level.
71.3 	(5) "4" The client is incapacitated with severe signs and symptoms. The client displays 
71.4 	severe withdrawal and is a danger to self or others.
71.5 	(c) Dimension 2: the vendor must use the criteria in Dimension 2 to determine a client's 
71.6 	biomedical conditions and complications.
71.7 	(1) "0" The client displays full functioning with good ability to cope with physical 
71.8 	discomfort.
71.9 	(2) "1" The client tolerates and copes with physical discomfort and is able to get the 
71.10 	services that the client needs.
71.11 	(3) "2" The client has difficulty tolerating and coping with physical problems or has 
71.12 	other biomedical problems that interfere with recovery and treatment. The client neglects 
71.13 	or does not seek care for serious biomedical problems.
71.14 	(4) "3" The client tolerates and copes poorly with physical problems or has poor general 
71.15 	health. The client neglects the client's medical problems without active assistance.
71.16 	(5) "4" The client is unable to participate in substance use disorder treatment and has 
71.17 	severe medical problems, has a condition that requires immediate intervention, or is 
71.18 	incapacitated.
71.19 	(d) Dimension 3: the vendor must use the criteria in Dimension 3 to determine a client's 
71.20 	emotional, behavioral, and cognitive conditions and complications.
71.21 	(1) "0" The client has good impulse control and coping skills and presents no risk of 
71.22 	harm to self or others. The client functions in all life areas and displays no emotional, 
71.23 	behavioral, or cognitive problems or the problems are stable.
71.24 	(2) "1" The client has impulse control and coping skills. The client presents a mild to 
71.25 	moderate risk of harm to self or others or displays symptoms of emotional, behavioral, or 
71.26 	cognitive problems. The client has a mental health diagnosis and is stable. The client 
71.27 	functions adequately in significant life areas.
71.28 	(3) "2" The client has difficulty with impulse control and lacks coping skills. The client 
71.29 	has thoughts of suicide or harm to others without means; however, the thoughts may interfere 
71.30 	with participation in some activities. The client has difficulty functioning in significant life 
71.31 	areas. The client has moderate symptoms of emotional, behavioral, or cognitive problems. 
71.32 	The client is able to participate in most treatment activities.
72.1 	(4) "3" The client has a severe lack of impulse control and coping skills. The client also 
72.2 	has frequent thoughts of suicide or harm to others, including a plan and the means to carry 
72.3 	out the plan. In addition, the client is severely impaired in significant life areas and has 
72.4 	severe symptoms of emotional, behavioral, or cognitive problems that interfere with the 
72.5 	client's participation in treatment activities.
72.6 	(5) "4" The client has severe emotional or behavioral symptoms that place the client or 
72.7 	others at acute risk of harm. The client also has intrusive thoughts of harming self or others. 
72.8 	The client is unable to participate in treatment activities.
72.9 	(e) Dimension 4: the vendor must use the criteria in Dimension 4 to determine a client's 
72.10 	readiness for change.
72.11 	(1) "0" The client admits to problems and is cooperative, motivated, ready to change, 
72.12 	committed to change, and engaged in treatment as a responsible participant.
72.13 	(2) "1" The client is motivated with active reinforcement to explore treatment and 
72.14 	strategies for change but ambivalent about the client's illness or need for change.
72.15 	(3) "2" The client displays verbal compliance but lacks consistent behaviors, has low 
72.16 	motivation for change, and is passively involved in treatment.
72.17 	(4) "3" The client displays inconsistent compliance, has minimal awareness of either 
72.18 	the client's addiction or mental disorder, and is minimally cooperative.
72.19 	(5) "4" The client is:
72.20 	(i) noncompliant with treatment and has no awareness of addiction or mental disorder 
72.21 	and does not want or is unwilling to explore change or is in total denial of the client's illness 
72.22 	and its implications; or
72.23 	(ii) dangerously oppositional to the extent that the client is a threat of imminent harm 
72.24 	to self and others.
72.25 	(f) Dimension 5: the vendor must use the criteria in Dimension 5 to determine a client's 
72.26 	relapse, continued substance use, and continued problem potential.
72.27 	(1) "0" The client recognizes risk well and is able to manage potential problems.
72.28 	(2) "1" The client recognizes relapse issues and prevention strategies, but displays some 
72.29 	vulnerability for further substance use or mental health problems.
72.30 	(3) "2" The client has minimal recognition and understanding of relapse and recidivism 
72.31 	issues and displays moderate vulnerability for further substance use or mental health 
72.32 	problems. The client has some coping skills inconsistently applied.
73.1 	(4) "3" The client has poor recognition and understanding of relapse and recidivism 
73.2 	issues and displays moderately high vulnerability for further substance use or mental health 
73.3 	problems. The client has few coping skills and rarely applies coping skills.
73.4 	(5) "4" The client has no coping skills to arrest mental health or addiction illnesses or 
73.5 	to prevent relapse. The client has no recognition or understanding of relapse and recidivism 
73.6 	issues and displays high vulnerability for further substance use or mental health problems.
73.7 	(g) Dimension 6: the vendor must use the criteria in Dimension 6 to determine a client's 
73.8 	recovery environment.
73.9 	(1) "0" The client is engaged in structured, meaningful activity and has a supportive 
73.10 	significant other, family, and living environment.
73.11 	(2) "1" The client has passive social network support or the client's family and significant 
73.12 	other are not interested in the client's recovery. The client is engaged in structured, meaningful 
73.13 	activity.
73.14 	(3) "2" The client is engaged in structured, meaningful activity, but the client's peers, 
73.15 	family, significant other, and living environment are unsupportive, or there is criminal 
73.16 	justice system involvement by the client or among the client's peers or significant other or 
73.17 	in the client's living environment.
73.18 	(4) "3" The client is not engaged in structured, meaningful activity and the client's peers, 
73.19 	family, significant other, and living environment are unsupportive, or there is significant 
73.20 	criminal justice system involvement.
73.21 	(5) "4" The client has:
73.22 	(i) a chronically antagonistic significant other, living environment, family, or peer group 
73.23 	or long-term criminal justice system involvement that is harmful to the client's recovery or 
73.24 	treatment progress; or
73.25 	(ii) an actively antagonistic significant other, family, work, or living environment, with 
73.26 	an immediate threat to the client's safety and well-being.

73.27 	EFFECTIVE DATE. This section is effective July 1, 2022.

73.28 	Sec. 44. Minnesota Statutes 2020, section 254B.04, is amended by adding a subdivision 
73.29 	to read:
73.30 		Subd. 5.Scope and applicability. This section governs administration of the behavioral 
73.31 	health fund, establishes the criteria to be applied by local agencies to determine a client's 
74.1 	financial eligibility under the behavioral health fund, and determines a client's obligation 
74.2 	to pay for substance use disorder treatment services.

74.3 	EFFECTIVE DATE. This section is effective July 1, 2022.

74.4 	Sec. 45. Minnesota Statutes 2020, section 254B.04, is amended by adding a subdivision 
74.5 	to read:
74.6 		Subd. 6.Local agency responsibility to provide services. The local agency may employ 
74.7 	individuals to conduct administrative activities and facilitate access to substance use disorder 
74.8 	treatment services.

74.9 	EFFECTIVE DATE. This section is effective July 1, 2022.

74.10 	Sec. 46. Minnesota Statutes 2020, section 254B.04, is amended by adding a subdivision 
74.11 	to read:
74.12 		Subd. 7.Local agency to determine client financial eligibility. (a) The local agency 
74.13 	shall determine a client's financial eligibility for the behavioral health fund according to 
74.14 	subdivision 1 with the income calculated prospectively for one year from the date of 
74.15 	comprehensive assessment. The local agency shall pay for eligible clients according to 
74.16 	chapter 256G. The local agency shall enter the financial eligibility span within ten calendar 
74.17 	days of request. Client eligibility must be determined using forms prescribed by the 
74.18 	commissioner. The local agency must determine a client's eligibility as follows:
74.19 	(1) The local agency must determine the client's income. A client who is a minor child 
74.20 	must not be deemed to have income available to pay for substance use disorder treatment, 
74.21 	unless the minor child is responsible for payment under section 144.347 for substance use 
74.22 	disorder treatment services sought under section 144.343, subdivision 1.
74.23 	(2) The local agency must determine the client's household size according to the 
74.24 	following:
74.25 	(i) If the client is a minor child, the household size includes the following persons living 
74.26 	in the same dwelling unit:
74.27 	(A) the client;
74.28 	(B) the client's birth or adoptive parents; and
74.29 	(C) the client's siblings who are minors.
74.30 	(ii) If the client is an adult, the household size includes the following persons living in 
74.31 	the same dwelling unit:
75.1 	(A) the client;
75.2 	(B) the client's spouse;
75.3 	(C) the client's minor children; and
75.4 	(D) the client's spouse's minor children.
75.5 	(iii) Household size includes a person listed in items (i) and (ii) who is in out-of-home 
75.6 	placement if a person listed in item (i) or (ii) is contributing to the cost of care of the person 
75.7 	in out-of-home placement.
75.8 	(3) The local agency must determine the client's current prepaid health plan enrollment 
75.9 	and the availability of a third-party payment source, including the availability of total or 
75.10 	partial payment and the amount of co-payment.
75.11 	(4) The local agency must provide the required eligibility information to the commissioner 
75.12 	in the manner specified by the commissioner.
75.13 	(5) The local agency must require the client and policyholder to conditionally assign to 
75.14 	the department the client's and policyholder's rights and the rights of minor children to 
75.15 	benefits or services provided to the client if the commissioner is required to collect from a 
75.16 	third-party payment source.
75.17 	(b) The local agency must redetermine a client's eligibility for the behavioral health fund 
75.18 	every 12 months.
75.19 	(c) A client, responsible relative, and policyholder must provide income or wage 
75.20 	verification and household size verification under paragraph (a), clause (3), and must make 
75.21 	an assignment of third-party payment rights under paragraph (a), clause (5). If a client, 
75.22 	responsible relative, or policyholder does not comply with this subdivision, the client is 
75.23 	ineligible for behavioral health fund payment for substance use disorder treatment, and the 
75.24 	client and responsible relative are obligated to pay the full cost of substance use disorder 
75.25 	treatment services provided to the client.

75.26 	EFFECTIVE DATE. This section is effective July 1, 2022.

75.27 	Sec. 47. Minnesota Statutes 2020, section 254B.04, is amended by adding a subdivision 
75.28 	to read:
75.29 		Subd. 8.Client fees. A client whose household income is within current household size 
75.30 	and income guidelines for entitled persons as defined in subdivision 1 must pay no fee.

75.31 	EFFECTIVE DATE. This section is effective July 1, 2022.

76.1 	Sec. 48. Minnesota Statutes 2020, section 254B.04, is amended by adding a subdivision 
76.2 	to read:
76.3 		Subd. 9.Vendor must participate in DAANES. To be eligible for payment under the 
76.4 	behavioral health fund, a vendor must participate in DAANES or submit to the commissioner 
76.5 	the information required in DAANES in the format specified by the commissioner.

76.6 	EFFECTIVE DATE. This section is effective July 1, 2022.

76.7 	Sec. 49. Minnesota Statutes 2021 Supplement, section 254B.05, subdivision 4, is amended 
76.8 	to read:
76.9 		Subd. 4.Regional treatment centers. Regional treatment center chemical dependency 
76.10 	treatment units are eligible vendors. The commissioner may expand the capacity of chemical 
76.11 	dependency treatment units beyond the capacity funded by direct legislative appropriation 
76.12 	to serve individuals who are referred for treatment by counties and whose treatment will be 
76.13 	paid for by funding under this chapter or other funding sources. Notwithstanding the 
76.14 	provisions of sections 254B.03 to 254B.041 254B.04, payment for any person committed 
76.15 	at county request to a regional treatment center under chapter 253B for chemical dependency 
76.16 	treatment and determined to be ineligible under the behavioral health fund, shall become 
76.17 	the responsibility of the county.

76.18 	Sec. 50. Minnesota Statutes 2021 Supplement, section 254B.05, subdivision 5, is amended 
76.19 	to read:
76.20 		Subd. 5.Rate requirements. (a) The commissioner shall establish rates for substance 
76.21 	use disorder services and service enhancements funded under this chapter.
76.22 	(b) Eligible substance use disorder treatment services include:
76.23 	(1) outpatient treatment services that are licensed according to sections 245G.01 to 
76.24 	245G.17, or applicable tribal license;
76.25 	(1) outpatient treatment services licensed according to sections 245G.01 to 245G.17, or 
76.26 	applicable Tribal license, including:
76.27 	(i) ASAM 1.0 Outpatient: zero to eight hours per week of skilled treatment services for 
76.28 	adults and zero to five hours per week for adolescents. Peer recovery and treatment 
76.29 	coordination may be provided beyond the skilled treatment service hours allowable per 
76.30 	week; and
77.1 	(ii) ASAM 2.1 Intensive Outpatient: nine or more hours per week of skilled treatment 
77.2 	services for adults and six or more hours per week for adolescents in accordance with the 
77.3 	limitations in paragraph (h). Peer recovery and treatment coordination may be provided 
77.4 	beyond the skilled treatment service hours allowable per week;
77.5 	(2) comprehensive assessments provided according to sections 245.4863, paragraph (a), 
77.6 	and 245G.05;
77.7 	(3) care coordination services provided according to section 245G.07, subdivision 1, 
77.8 	paragraph (a), clause (5);
77.9 	(4) peer recovery support services provided according to section 245G.07, subdivision 
77.10 	2, clause (8);
77.11 	(5) on July 1, 2019, or upon federal approval, whichever is later, withdrawal management 
77.12 	services provided according to chapter 245F;
77.13 	(6) medication-assisted therapy services that are licensed according to sections 245G.01 
77.14 	to 245G.17 and 245G.22, or applicable tribal license;
77.15 	(7) medication-assisted therapy plus enhanced treatment services that meet the 
77.16 	requirements of clause (6) and provide nine hours of clinical services each week;
77.17 	(8) (7) high, medium, and low intensity residential treatment services that are licensed 
77.18 	according to sections 245G.01 to 245G.17 and 245G.21 or applicable tribal license which 
77.19 	provide, respectively, 30, 15, and five hours of clinical services each week;
77.20 	(9) (8) hospital-based treatment services that are licensed according to sections 245G.01
77.21 	to 245G.17 or applicable tribal license and licensed as a hospital under sections 144.50 to 
77.22 	144.56;
77.23 	(10) (9) adolescent treatment programs that are licensed as outpatient treatment programs 
77.24 	according to sections 245G.01 to 245G.18 or as residential treatment programs according 
77.25 	to Minnesota Rules, parts 2960.0010 to 2960.0220, and 2960.0430 to 2960.0490, or 
77.26 	applicable tribal license;
77.27 	(11) (10) high-intensity residential treatment services that are licensed according to 
77.28 	sections 245G.01 to 245G.17 and 245G.21 or applicable tribal license, which provide 30 
77.29 	hours of clinical services each week provided by a state-operated vendor or to clients who 
77.30 	have been civilly committed to the commissioner, present the most complex and difficult 
77.31 	care needs, and are a potential threat to the community; and
77.32 	(12) (11) room and board facilities that meet the requirements of subdivision 1a.
78.1 	(c) The commissioner shall establish higher rates for programs that meet the requirements 
78.2 	of paragraph (b) and one of the following additional requirements:
78.3 	(1) programs that serve parents with their children if the program:
78.4 	(i) provides on-site child care during the hours of treatment activity that:
78.5 	(A) is licensed under chapter 245A as a child care center under Minnesota Rules, chapter 
78.6 	9503; or
78.7 	(B) meets the licensure exclusion criteria of section 245A.03, subdivision 2, paragraph 
78.8 	(a), clause (6), and meets the requirements under section 245G.19, subdivision 4; or
78.9 	(ii) arranges for off-site child care during hours of treatment activity at a facility that is 
78.10 	licensed under chapter 245A as:
78.11 	(A) a child care center under Minnesota Rules, chapter 9503; or
78.12 	(B) a family child care home under Minnesota Rules, chapter 9502;
78.13 	(2) culturally specific or culturally responsive programs as defined in section 254B.01, 
78.14 	subdivision 4a;
78.15 	(3) disability responsive programs as defined in section 254B.01, subdivision 4b;
78.16 	(4) programs that offer medical services delivered by appropriately credentialed health 
78.17 	care staff in an amount equal to two hours per client per week if the medical needs of the 
78.18 	client and the nature and provision of any medical services provided are documented in the 
78.19 	client file; or
78.20 	(5) programs that offer services to individuals with co-occurring mental health and 
78.21 	chemical dependency problems if:
78.22 	(i) the program meets the co-occurring requirements in section 245G.20;
78.23 	(ii) 25 percent of the counseling staff are licensed mental health professionals, as defined 
78.24 	in section 245.462, subdivision 18, clauses (1) to (6), or are students or licensing candidates 
78.25 	under the supervision of a licensed alcohol and drug counselor supervisor and licensed 
78.26 	mental health professional, except that no more than 50 percent of the mental health staff 
78.27 	may be students or licensing candidates with time documented to be directly related to 
78.28 	provisions of co-occurring services;
78.29 	(iii) clients scoring positive on a standardized mental health screen receive a mental 
78.30 	health diagnostic assessment within ten days of admission;
79.1 	(iv) the program has standards for multidisciplinary case review that include a monthly 
79.2 	review for each client that, at a minimum, includes a licensed mental health professional 
79.3 	and licensed alcohol and drug counselor, and their involvement in the review is documented;
79.4 	(v) family education is offered that addresses mental health and substance abuse disorders 
79.5 	and the interaction between the two; and
79.6 	(vi) co-occurring counseling staff shall receive eight hours of co-occurring disorder 
79.7 	training annually.
79.8 	(d) In order to be eligible for a higher rate under paragraph (c), clause (1), a program 
79.9 	that provides arrangements for off-site child care must maintain current documentation at 
79.10 	the chemical dependency facility of the child care provider's current licensure to provide 
79.11 	child care services. Programs that provide child care according to paragraph (c), clause (1), 
79.12 	must be deemed in compliance with the licensing requirements in section 245G.19.
79.13 	(e) Adolescent residential programs that meet the requirements of Minnesota Rules, 
79.14 	parts 2960.0430 to 2960.0490 and 2960.0580 to 2960.0690, are exempt from the requirements 
79.15 	in paragraph (c), clause (4), items (i) to (iv).
79.16 	(f) Subject to federal approval, substance use disorder services that are otherwise covered 
79.17 	as direct face-to-face services may be provided via telehealth as defined in section 256B.0625, 
79.18 	subdivision 3b. The use of telehealth to deliver services must be medically appropriate to 
79.19 	the condition and needs of the person being served. Reimbursement shall be at the same 
79.20 	rates and under the same conditions that would otherwise apply to direct face-to-face services.
79.21 	(g) For the purpose of reimbursement under this section, substance use disorder treatment 
79.22 	services provided in a group setting without a group participant maximum or maximum 
79.23 	client to staff ratio under chapter 245G shall not exceed a client to staff ratio of 48 to one. 
79.24 	At least one of the attending staff must meet the qualifications as established under this 
79.25 	chapter for the type of treatment service provided. A recovery peer may not be included as 
79.26 	part of the staff ratio.
79.27 	(h) Payment for outpatient substance use disorder services that are licensed according 
79.28 	to sections 245G.01 to 245G.17 is limited to six hours per day or 30 hours per week unless 
79.29 	prior authorization of a greater number of hours is obtained from the commissioner.

79.30 	EFFECTIVE DATE. This section is effective July 1, 2022, or upon federal approval, 
79.31 	whichever is later. The commissioner of human services shall notify the revisor of statutes 
79.32 	when federal approval is obtained.

80.1 	Sec. 51. Minnesota Statutes 2020, section 256.042, subdivision 1, is amended to read:
80.2 		Subdivision 1.Establishment of the advisory council. (a) The Opiate Epidemic 
80.3 	Response Advisory Council is established to develop and implement a comprehensive and 
80.4 	effective statewide effort to address the opioid addiction and overdose epidemic in Minnesota. 
80.5 	The council shall focus on:
80.6 	(1) prevention and education, including public education and awareness for adults and 
80.7 	youth, prescriber education, the development and sustainability of opioid overdose prevention 
80.8 	and education programs, the role of adult protective services in prevention and response, 
80.9 	and providing financial support to local law enforcement agencies for opiate antagonist 
80.10 	programs;
80.11 	(2) training on the treatment of opioid addiction, including the use of all Food and Drug 
80.12 	Administration approved opioid addiction medications, detoxification, relapse prevention, 
80.13 	patient assessment, individual treatment planning, counseling, recovery supports, diversion 
80.14 	control, and other best practices;
80.15 	(3) the expansion and enhancement of a continuum of care for opioid-related substance 
80.16 	use disorders, including primary prevention, early intervention, treatment, recovery, and 
80.17 	aftercare services; and
80.18 	(4) the development of measures to assess and protect the ability of cancer patients and 
80.19 	survivors, persons battling life-threatening illnesses, persons suffering from severe chronic 
80.20 	pain, and persons at the end stages of life, who legitimately need prescription pain 
80.21 	medications, to maintain their quality of life by accessing these pain medications without 
80.22 	facing unnecessary barriers. The measures must also address the needs of individuals 
80.23 	described in this clause who are elderly or who reside in underserved or rural areas of the 
80.24 	state.
80.25 	(b) The council shall:
80.26 	(1) review local, state, and federal initiatives and activities related to education, 
80.27 	prevention, treatment, and services for individuals and families experiencing and affected 
80.28 	by opioid use disorder;
80.29 	(2) establish priorities to address the state's opioid epidemic, for the purpose of 
80.30 	recommending initiatives to fund;
80.31 	(3) recommend to the commissioner of human services specific projects and initiatives 
80.32 	to be funded;
81.1 	(4) ensure that available funding is allocated to align with other state and federal funding, 
81.2 	to achieve the greatest impact and ensure a coordinated state effort;
81.3 	(5) consult with the commissioners of human services, health, and management and 
81.4 	budget to develop measurable outcomes to determine the effectiveness of funds allocated; 
81.5 	and
81.6 	(6) develop recommendations for an administrative and organizational framework for 
81.7 	the allocation, on a sustainable and ongoing basis, of any money deposited into the separate 
81.8 	account under section 16A.151, subdivision 2, paragraph (f), in order to address the opioid 
81.9 	abuse and overdose epidemic in Minnesota and the areas of focus specified in paragraph 
81.10 	(a).;
81.11 	(7) review reports, data, and performance measures submitted by municipalities, as 
81.12 	defined in section 466.01, subdivision 1, in receipt of direct payments from settlement 
81.13 	agreements, as described in section 256.043, subdivision 4; and
81.14 	(8) consult with relevant stakeholders, including lead agencies and municipalities, to 
81.15 	review and provide recommendations for necessary revisions to required reporting to ensure 
81.16 	the reporting reflects measures of progress in addressing the harms of the opioid epidemic.
81.17 	(c) The council, in consultation with the commissioner of management and budget, and 
81.18 	within available appropriations, shall select from the awarded grants projects or may select 
81.19 	municipality projects funded by settlement monies as described in section 256.043, 
81.20 	subdivision 4, that include promising practices or theory-based activities for which the 
81.21 	commissioner of management and budget shall conduct evaluations using experimental or 
81.22 	quasi-experimental design. Grants awarded to proposals or municipality projects funded by 
81.23 	settlement monies that include promising practices or theory-based activities and that are 
81.24 	selected for an evaluation shall be administered to support the experimental or 
81.25 	quasi-experimental evaluation and require grantees and municipality projects to collect and 
81.26 	report information that is needed to complete the evaluation. The commissioner of 
81.27 	management and budget, under section 15.08, may obtain additional relevant data to support 
81.28 	the experimental or quasi-experimental evaluation studies. For the purposes of this paragraph, 
81.29 	"municipality" has the meaning given in section 466.01, subdivision 1.
81.30 	(d) The council, in consultation with the commissioners of human services, health, public 
81.31 	safety, and management and budget, shall establish goals related to addressing the opioid 
81.32 	epidemic and determine a baseline against which progress shall be monitored and set 
81.33 	measurable outcomes, including benchmarks. The goals established must include goals for 
81.34 	prevention and public health, access to treatment, and multigenerational impacts. The council 
82.1 	shall use existing measures and data collection systems to determine baseline data against 
82.2 	which progress shall be measured. The council shall include the proposed goals, the 
82.3 	measurable outcomes, and proposed benchmarks to meet these goals in its initial report to 
82.4 	the legislature under subdivision 5, paragraph (a), due January 31, 2021.

82.5 	Sec. 52. Minnesota Statutes 2020, section 256.042, subdivision 2, is amended to read:
82.6 		Subd. 2.Membership. (a) The council shall consist of the following 19 30 voting 
82.7 	members, appointed by the commissioner of human services except as otherwise specified, 
82.8 	and three nonvoting members:
82.9 	(1) two members of the house of representatives, appointed in the following sequence: 
82.10 	the first from the majority party appointed by the speaker of the house and the second from 
82.11 	the minority party appointed by the minority leader. Of these two members, one member 
82.12 	must represent a district outside of the seven-county metropolitan area, and one member 
82.13 	must represent a district that includes the seven-county metropolitan area. The appointment 
82.14 	by the minority leader must ensure that this requirement for geographic diversity in 
82.15 	appointments is met;
82.16 	(2) two members of the senate, appointed in the following sequence: the first from the 
82.17 	majority party appointed by the senate majority leader and the second from the minority 
82.18 	party appointed by the senate minority leader. Of these two members, one member must 
82.19 	represent a district outside of the seven-county metropolitan area and one member must 
82.20 	represent a district that includes the seven-county metropolitan area. The appointment by 
82.21 	the minority leader must ensure that this requirement for geographic diversity in appointments 
82.22 	is met;
82.23 	(3) one member appointed by the Board of Pharmacy;
82.24 	(4) one member who is a physician appointed by the Minnesota Medical Association;
82.25 	(5) one member representing opioid treatment programs, sober living programs, or 
82.26 	substance use disorder programs licensed under chapter 245G;
82.27 	(6) one member appointed by the Minnesota Society of Addiction Medicine who is an 
82.28 	addiction psychiatrist;
82.29 	(7) one member representing professionals providing alternative pain management 
82.30 	therapies, including, but not limited to, acupuncture, chiropractic, or massage therapy;
82.31 	(8) one member representing nonprofit organizations conducting initiatives to address 
82.32 	the opioid epidemic, with the commissioner's initial appointment being a member 
83.1 	representing the Steve Rummler Hope Network, and subsequent appointments representing 
83.2 	this or other organizations;
83.3 	(9) one member appointed by the Minnesota Ambulance Association who is serving 
83.4 	with an ambulance service as an emergency medical technician, advanced emergency 
83.5 	medical technician, or paramedic;
83.6 	(10) one member representing the Minnesota courts who is a judge or law enforcement 
83.7 	officer;
83.8 	(11) one public member who is a Minnesota resident and who is in opioid addiction 
83.9 	recovery;
83.10 	(12) two 11 members representing Indian tribes, one representing the Ojibwe tribes and 
83.11 	one representing the Dakota tribes each of Minnesota's Tribal Nations;
83.12 	(13) two members representing the urban American Indian population;
83.13 	(13) (14) one public member who is a Minnesota resident and who is suffering from 
83.14 	chronic pain, intractable pain, or a rare disease or condition;
83.15 	(14) (15) one mental health advocate representing persons with mental illness;
83.16 	(15) (16) one member appointed by the Minnesota Hospital Association;
83.17 	(16) (17) one member representing a local health department; and
83.18 	(17) (18) the commissioners of human services, health, and corrections, or their designees, 
83.19 	who shall be ex officio nonvoting members of the council.
83.20 	(b) The commissioner of human services shall coordinate the commissioner's 
83.21 	appointments to provide geographic, racial, and gender diversity, and shall ensure that at 
83.22 	least one-half of council members appointed by the commissioner reside outside of the 
83.23 	seven-county metropolitan area and that at least one-half of the members have lived 
83.24 	experience with opiate addiction. Of the members appointed by the commissioner, to the 
83.25 	extent practicable, at least one member must represent a community of color 
83.26 	disproportionately affected by the opioid epidemic.
83.27 	(c) The council is governed by section 15.059, except that members of the council shall 
83.28 	serve three-year terms and shall receive no compensation other than reimbursement for 
83.29 	expenses. Notwithstanding section 15.059, subdivision 6, the council shall not expire.
83.30 	(d) The chair shall convene the council at least quarterly, and may convene other meetings 
83.31 	as necessary. The chair shall convene meetings at different locations in the state to provide 
84.1 	geographic access, and shall ensure that at least one-half of the meetings are held at locations 
84.2 	outside of the seven-county metropolitan area.
84.3 	(e) The commissioner of human services shall provide staff and administrative services 
84.4 	for the advisory council.
84.5 	(f) The council is subject to chapter 13D.

84.6 	Sec. 53. Minnesota Statutes 2021 Supplement, section 256.042, subdivision 4, is amended 
84.7 	to read:
84.8 		Subd. 4.Grants. (a) The commissioner of human services shall submit a report of the 
84.9 	grants proposed by the advisory council to be awarded for the upcoming calendar year to 
84.10 	the chairs and ranking minority members of the legislative committees with jurisdiction 
84.11 	over health and human services policy and finance, by December 1 of each year, beginning 
84.12 	March 1, 2020.
84.13 	(b) The grants shall be awarded to proposals selected by the advisory council that address 
84.14 	the priorities in subdivision 1, paragraph (a), clauses (1) to (4), unless otherwise appropriated 
84.15 	by the legislature. The advisory council shall determine grant awards and funding amounts 
84.16 	based on the funds appropriated to the commissioner under section 256.043, subdivision 3, 
84.17 	paragraph (e). The commissioner shall award the grants from the opiate epidemic response 
84.18 	fund and administer the grants in compliance with section 16B.97. No more than ten percent 
84.19 	of the grant amount may be used by a grantee for administration. The commissioner must 
84.20 	award at least 40 percent of grants to projects that include a focus on addressing the opiate 
84.21 	crisis in Black and Indigenous communities and communities of color.

84.22 	Sec. 54. Minnesota Statutes 2020, section 256.042, subdivision 5, is amended to read:
84.23 		Subd. 5.Reports. (a) The advisory council shall report annually to the chairs and ranking 
84.24 	minority members of the legislative committees with jurisdiction over health and human 
84.25 	services policy and finance by January 31 of each year, beginning January 31, 2021. The 
84.26 	report shall include information about the individual projects that receive grants, the 
84.27 	municipality projects funded by settlement monies as described in section 256.043, 
84.28 	subdivision 4, and the overall role of the project projects in addressing the opioid addiction 
84.29 	and overdose epidemic in Minnesota. The report must describe the grantees and the activities 
84.30 	implemented, along with measurable outcomes as determined by the council in consultation 
84.31 	with the commissioner of human services and the commissioner of management and budget. 
84.32 	At a minimum, the report must include information about the number of individuals who 
84.33 	received information or treatment, the outcomes the individuals achieved, and demographic 
85.1 	information about the individuals participating in the project; an assessment of the progress 
85.2 	toward achieving statewide access to qualified providers and comprehensive treatment and 
85.3 	recovery services; and an update on the evaluations implemented by the commissioner of 
85.4 	management and budget for the promising practices and theory-based projects that receive 
85.5 	funding.
85.6 	(b) The commissioner of management and budget, in consultation with the Opiate 
85.7 	Epidemic Response Advisory Council, shall report to the chairs and ranking minority 
85.8 	members of the legislative committees with jurisdiction over health and human services 
85.9 	policy and finance when an evaluation study described in subdivision 1, paragraph (c), is 
85.10 	complete on the promising practices or theory-based projects that are selected for evaluation 
85.11 	activities. The report shall include demographic information; outcome information for the 
85.12 	individuals in the program; the results for the program in promoting recovery, employment, 
85.13 	family reunification, and reducing involvement with the criminal justice system; and other 
85.14 	relevant outcomes determined by the commissioner of management and budget that are 
85.15 	specific to the projects that are evaluated. The report shall include information about the 
85.16 	ability of grant programs to be scaled to achieve the statewide results that the grant project 
85.17 	demonstrated.
85.18 	(c) The advisory council, in its annual report to the legislature under paragraph (a) due 
85.19 	by January 31, 2024, shall include recommendations on whether the appropriations to the 
85.20 	specified entities under Laws 2019, chapter 63, should be continued, adjusted, or 
85.21 	discontinued; whether funding should be appropriated for other purposes related to opioid 
85.22 	abuse prevention, education, and treatment; and on the appropriate level of funding for 
85.23 	existing and new uses.
85.24 	(d) Municipalities receiving direct payments for settlement agreements as described in 
85.25 	section 256.043, subdivision 4, must annually report to the commissioner on how the funds 
85.26 	were used on opioid remediation. The report must be submitted in a format prescribed by 
85.27 	the commissioner.
85.28 	The report must include data and measurable outcomes on expenditures funded with 
85.29 	opioid settlement funds, as identified by the commissioner, including details on services 
85.30 	drawn from the categories of approved uses, as identified in agreements between the state 
85.31 	of Minnesota, the Association of Minnesota Counties, and the League of Minnesota Cities. 
85.32 	Minimum reporting requirements must include:
85.33 	(1) contact information;
85.34 	(2) information on funded services and programs; and
86.1 	(3) target populations for each funded service and program.
86.2 	(e) In reporting data and outcomes under paragraph (d), municipalities should include 
86.3 	information on the use of evidence-based and culturally relevant services, to the extent 
86.4 	feasible.
86.5 	(f) Reporting requirements for municipal projects using $25,000 or more of settlement 
86.6 	funds in a calendar year must also include:
86.7 	(1) a brief qualitative description of successes or challenges; and
86.8 	(2) results using process and quality measures.
86.9 	(g) For the purposes of this subdivision, "municipality" or "municipalities" has the 
86.10 	meaning given in section 466.01, subdivision 1.

86.11 	Sec. 55. Minnesota Statutes 2021 Supplement, section 256B.0759, subdivision 4, is 
86.12 	amended to read:
86.13 		Subd. 4.Provider payment rates. (a) Payment rates for participating providers must 
86.14 	be increased for services provided to medical assistance enrollees. To receive a rate increase, 
86.15 	participating providers must meet demonstration project requirements and provide evidence 
86.16 	of formal referral arrangements with providers delivering step-up or step-down levels of 
86.17 	care. Providers that have enrolled in the demonstration project but have not met the provider 
86.18 	standards under subdivision 3 as of July 1, 2022, are not eligible for a rate increase under 
86.19 	this subdivision until the date that the provider meets the provider standards in subdivision 
86.20 	3. Services provided from July 1, 2022, to the date that the provider meets the provider 
86.21 	standards under subdivision 3 shall be reimbursed at rates according to section 254B.05, 
86.22 	subdivision 5, paragraph (b). Rate increases paid under this subdivision to a provider for 
86.23 	services provided between July 1, 2021, and July 1, 2022, are not subject to recoupment 
86.24 	when the provider is taking meaningful steps to meet demonstration project requirements 
86.25 	that are not otherwise required by law, and the provider provides documentation to the 
86.26 	commissioner, upon request, of the steps being taken.
86.27 	(b) The commissioner may temporarily suspend payments to the provider according to 
86.28 	section 256B.04, subdivision 21, paragraph (d), if the provider does not meet the requirements 
86.29 	in paragraph (a). Payments withheld from the provider must be made once the commissioner 
86.30 	determines that the requirements in paragraph (a) are met.
86.31 	(c) For substance use disorder services under section 254B.05, subdivision 5, paragraph 
86.32 	(b), clause (8) (7), provided on or after July 1, 2020, payment rates must be increased by 
86.33 	25 percent over the rates in effect on December 31, 2019.
87.1 	(d) For substance use disorder services under section 254B.05, subdivision 5, paragraph 
87.2 	(b), clauses (1), and (6), and (7), and adolescent treatment programs that are licensed as 
87.3 	outpatient treatment programs according to sections 245G.01 to 245G.18, provided on or 
87.4 	after January 1, 2021, payment rates must be increased by 20 percent over the rates in effect 
87.5 	on December 31, 2020.
87.6 	(e) Effective January 1, 2021, and contingent on annual federal approval, managed care 
87.7 	plans and county-based purchasing plans must reimburse providers of the substance use 
87.8 	disorder services meeting the criteria described in paragraph (a) who are employed by or 
87.9 	under contract with the plan an amount that is at least equal to the fee-for-service base rate 
87.10 	payment for the substance use disorder services described in paragraphs (c) and (d). The 
87.11 	commissioner must monitor the effect of this requirement on the rate of access to substance 
87.12 	use disorder services and residential substance use disorder rates. Capitation rates paid to 
87.13 	managed care organizations and county-based purchasing plans must reflect the impact of 
87.14 	this requirement. This paragraph expires if federal approval is not received at any time as 
87.15 	required under this paragraph.
87.16 	(f) Effective July 1, 2021, contracts between managed care plans and county-based 
87.17 	purchasing plans and providers to whom paragraph (e) applies must allow recovery of 
87.18 	payments from those providers if, for any contract year, federal approval for the provisions 
87.19 	of paragraph (e) is not received, and capitation rates are adjusted as a result. Payment 
87.20 	recoveries must not exceed the amount equal to any decrease in rates that results from this 
87.21 	provision.

87.22 	Sec. 56. Minnesota Statutes 2020, section 256B.0941, is amended by adding a subdivision 
87.23 	to read:
87.24 		Subd. 5.Start-up grants. Start-up grants to prospective psychiatric residential treatment 
87.25 	facility sites may be used for:
87.26 	(1) administrative expenses;
87.27 	(2) consulting services;
87.28 	(3) Health Insurance Portability and Accountability Act of 1996 compliance;
87.29 	(4) therapeutic resources including evidence-based, culturally appropriate curriculums, 
87.30 	and training programs for staff and clients;
87.31 	(5) allowable physical renovations to the property; and
87.32 	(6) emergency workforce shortage uses, as determined by the commissioner.

88.1 	Sec. 57. Minnesota Statutes 2021 Supplement, section 256B.0946, subdivision 1, is 
88.2 	amended to read:
88.3 		Subdivision 1.Required covered service components. (a) Subject to federal approval, 
88.4 	medical assistance covers medically necessary intensive treatment services when the services 
88.5 	are provided by a provider entity certified under and meeting the standards in this section. 
88.6 	The provider entity must make reasonable and good faith efforts to report individual client 
88.7 	outcomes to the commissioner, using instruments and protocols approved by the 
88.8 	commissioner.
88.9 	(b) Intensive treatment services to children with mental illness residing in foster family 
88.10 	settings or with legal guardians that comprise specific required service components provided 
88.11 	in clauses (1) to (6) are reimbursed by medical assistance when they meet the following 
88.12 	standards:
88.13 	(1) psychotherapy provided by a mental health professional or a clinical trainee;
88.14 	(2) crisis planning;
88.15 	(3) individual, family, and group psychoeducation services provided by a mental health 
88.16 	professional or a clinical trainee;
88.17 	(4) clinical care consultation provided by a mental health professional or a clinical 
88.18 	trainee;
88.19 	(5) individual treatment plan development as defined in Minnesota Rules, part 9505.0371, 
88.20 	subpart 7; and
88.21 	(6) service delivery payment requirements as provided under subdivision 4.

88.22 	EFFECTIVE DATE. This section is effective January 1, 2023, or upon federal approval, 
88.23 	whichever is later. The commissioner of human services shall notify the revisor of statutes 
88.24 	when federal approval is obtained.

88.25 	Sec. 58. Minnesota Statutes 2021 Supplement, section 256B.0946, subdivision 1a, is 
88.26 	amended to read:
88.27 		Subd. 1a.Definitions. For the purposes of this section, the following terms have the 
88.28 	meanings given them.
88.29 	(a) "At risk of out-of-home placement" means the child has participated in 
88.30 	community-based therapeutic or behavioral services including psychotherapy within the 
88.31 	past 30 days and has experienced severe difficulty in managing mental health and behavior 
88.32 	in multiple settings and has one of the following:
89.1 	(1) has previously been in out-of-home placement for mental health issues within the 
89.2 	past six months;
89.3 	(2) has a history of threatening harm to self or others and has actively engaged in 
89.4 	self-harming or threatening behavior in the past 30 days;
89.5 	(3) demonstrates extremely inappropriate or dangerous social behavior in home, 
89.6 	community, and school settings;
89.7 	(4) has a history of repeated intervention from mental health programs, social services, 
89.8 	mobile crisis programs, or law enforcement to maintain safety in the home, community, or 
89.9 	school within the past 60 days; or
89.10 	(5) whose parent is unable to safely manage the child's mental health, behavioral, or 
89.11 	emotional problems in the home and has been actively seeking placement for at least two 
89.12 	weeks.
89.13 	(a) (b) "Clinical care consultation" means communication from a treating clinician to 
89.14 	other providers working with the same client to inform, inquire, and instruct regarding the 
89.15 	client's symptoms, strategies for effective engagement, care and intervention needs, and 
89.16 	treatment expectations across service settings, including but not limited to the client's school, 
89.17 	social services, day care, probation, home, primary care, medication prescribers, disabilities 
89.18 	services, and other mental health providers and to direct and coordinate clinical service 
89.19 	components provided to the client and family.
89.20 	(b) (c) "Clinical trainee" means a staff person who is qualified according to section 
89.21 	245I.04, subdivision 6.
89.22 	(c) (d) "Crisis planning" has the meaning given in section 245.4871, subdivision 9a.
89.23 	(d) (e) "Culturally appropriate" means providing mental health services in a manner that 
89.24 	incorporates the child's cultural influences into interventions as a way to maximize resiliency 
89.25 	factors and utilize cultural strengths and resources to promote overall wellness.
89.26 	(e) (f) "Culture" means the distinct ways of living and understanding the world that are 
89.27 	used by a group of people and are transmitted from one generation to another or adopted 
89.28 	by an individual.
89.29 	(f) (g) "Standard diagnostic assessment" means the assessment described in section 
89.30 	245I.10, subdivision 6.
89.31 	(g) (h) "Family" means a person who is identified by the client or the client's parent or 
89.32 	guardian as being important to the client's mental health treatment. Family may include, 
90.1 	but is not limited to, parents, foster parents, children, spouse, committed partners, former 
90.2 	spouses, persons related by blood or adoption, persons who are a part of the client's 
90.3 	permanency plan, or persons who are presently residing together as a family unit.
90.4 	(h) (i) "Foster care" has the meaning given in section 260C.007, subdivision 18.
90.5 	(i) (j) "Foster family setting" means the foster home in which the license holder resides.
90.6 	(j) (k) "Individual treatment plan" means the plan described in section 245I.10, 
90.7 	subdivisions 7 and 8.
90.8 	(k) (l) "Mental health certified family peer specialist" means a staff person who is 
90.9 	qualified according to section 245I.04, subdivision 12.
90.10 	(l) (m) "Mental health professional" means a staff person who is qualified according to 
90.11 	section 245I.04, subdivision 2.
90.12 	(m) (n) "Mental illness" has the meaning given in section 245I.02, subdivision 29.
90.13 	(n) (o) "Parent" has the meaning given in section 260C.007, subdivision 25.
90.14 	(o) (p) "Psychoeducation services" means information or demonstration provided to an 
90.15 	individual, family, or group to explain, educate, and support the individual, family, or group 
90.16 	in understanding a child's symptoms of mental illness, the impact on the child's development, 
90.17 	and needed components of treatment and skill development so that the individual, family, 
90.18 	or group can help the child to prevent relapse, prevent the acquisition of comorbid disorders, 
90.19 	and achieve optimal mental health and long-term resilience.
90.20 	(p) (q) "Psychotherapy" means the treatment described in section 256B.0671, subdivision 
90.21 	11.
90.22 	(q) (r) "Team consultation and treatment planning" means the coordination of treatment 
90.23 	plans and consultation among providers in a group concerning the treatment needs of the 
90.24 	child, including disseminating the child's treatment service schedule to all members of the 
90.25 	service team. Team members must include all mental health professionals working with the 
90.26 	child, a parent, the child unless the team lead or parent deem it clinically inappropriate, and 
90.27 	at least two of the following: an individualized education program case manager; probation 
90.28 	agent; children's mental health case manager; child welfare worker, including adoption or 
90.29 	guardianship worker; primary care provider; foster parent; and any other member of the 
90.30 	child's service team.
90.31 	(r) (s) "Trauma" has the meaning given in section 245I.02, subdivision 38.
90.32 	(s) (t) "Treatment supervision" means the supervision described under section 245I.06.

91.1 	EFFECTIVE DATE. This section is effective January 1, 2023, or upon federal approval, 
91.2 	whichever is later. The commissioner of human services shall notify the revisor of statutes 
91.3 	when federal approval is obtained.

91.4 	Sec. 59. Minnesota Statutes 2021 Supplement, section 256B.0946, subdivision 2, is 
91.5 	amended to read:
91.6 		Subd. 2.Determination of client eligibility. An eligible recipient is an individual, from 
91.7 	birth through age 20, who is currently placed in a foster home licensed under Minnesota 
91.8 	Rules, parts 2960.3000 to 2960.3340, or placed in a foster home licensed under the 
91.9 	regulations established by a federally recognized Minnesota Tribe, or who is residing in the 
91.10 	legal guardian's home and is at risk of out-of-home placement, and has received: (1) a 
91.11 	standard diagnostic assessment within 180 days before the start of service that documents 
91.12 	that intensive treatment services are medically necessary within a foster family setting to 
91.13 	ameliorate identified symptoms and functional impairments; and (2) a level of care 
91.14 	assessment as defined in section 245I.02, subdivision 19, that demonstrates that the individual 
91.15 	requires intensive intervention without 24-hour medical monitoring, and a functional 
91.16 	assessment as defined in section 245I.02, subdivision 17. The level of care assessment and 
91.17 	the functional assessment must include information gathered from the placing county, Tribe, 
91.18 	or case manager.

91.19 	EFFECTIVE DATE. This section is effective January 1, 2023, or upon federal approval, 
91.20 	whichever is later. The commissioner of human services shall notify the revisor of statutes 
91.21 	when federal approval is obtained.

91.22 	Sec. 60. Minnesota Statutes 2021 Supplement, section 256B.0946, subdivision 3, is 
91.23 	amended to read:
91.24 		Subd. 3.Eligible mental health services providers. (a) Eligible providers for intensive 
91.25 	children's mental health services in a foster family setting must be certified by the state and 
91.26 	have a service provision contract with a county board or a reservation tribal council and 
91.27 	must be able to demonstrate the ability to provide all of the services required in this section 
91.28 	and meet the standards in chapter 245I, as required in section 245I.011, subdivision 5.
91.29 	(b) For purposes of this section, a provider agency must be:
91.30 	(1) a county-operated entity certified by the state;
92.1 	(2) an Indian Health Services facility operated by a Tribe or Tribal organization under 
92.2 	funding authorized by United States Code, title 25, sections 450f to 450n, or title 3 of the 
92.3 	Indian Self-Determination Act, Public Law 93-638, section 638 (facilities or providers); or
92.4 	(3) a noncounty entity.
92.5 	(c) Certified providers that do not meet the service delivery standards required in this 
92.6 	section shall be subject to a decertification process.
92.7 	(d) For the purposes of this section, all services delivered to a client must be provided 
92.8 	by a mental health professional or a clinical trainee.

92.9 	EFFECTIVE DATE. This section is effective January 1, 2023, or upon federal approval, 
92.10 	whichever is later. The commissioner of human services shall notify the revisor of statutes 
92.11 	when federal approval is obtained.

92.12 	Sec. 61. Minnesota Statutes 2021 Supplement, section 256B.0946, subdivision 4, is 
92.13 	amended to read:
92.14 		Subd. 4.Service delivery payment requirements. (a) To be eligible for payment under 
92.15 	this section, a provider must develop and practice written policies and procedures for 
92.16 	intensive treatment in foster care for children, consistent with subdivision 1, paragraph (b), 
92.17 	and comply with the following requirements in paragraphs (b) to (n).
92.18 	(b) Each previous and current mental health, school, and physical health treatment 
92.19 	provider must be contacted to request documentation of treatment and assessments that the 
92.20 	eligible client has received. This information must be reviewed and incorporated into the 
92.21 	standard diagnostic assessment and team consultation and treatment planning review process.
92.22 	(c) Each client receiving treatment must be assessed for a trauma history, and the client's 
92.23 	treatment plan must document how the results of the assessment will be incorporated into 
92.24 	treatment.
92.25 	(d) The level of care assessment as defined in section 245I.02, subdivision 19, and 
92.26 	functional assessment as defined in section 245I.02, subdivision 17, must be updated at 
92.27 	least every 90 days or prior to discharge from the service, whichever comes first.
92.28 	(e) Each client receiving treatment services must have an individual treatment plan that 
92.29 	is reviewed, evaluated, and approved every 90 days using the team consultation and treatment 
92.30 	planning process.
92.31 	(f) Clinical care consultation must be provided in accordance with the client's individual 
92.32 	treatment plan.
93.1 	(g) Each client must have a crisis plan within ten days of initiating services and must 
93.2 	have access to clinical phone support 24 hours per day, seven days per week, during the 
93.3 	course of treatment. The crisis plan must demonstrate coordination with the local or regional 
93.4 	mobile crisis intervention team.
93.5 	(h) Services must be delivered and documented at least three days per week, equaling 
93.6 	at least six hours of treatment per week. If the mental health professional, client, and family 
93.7 	agree, service units may be temporarily reduced for a period of no more than 60 days in 
93.8 	order to meet the needs of the client and family, or as part of transition or on a discharge 
93.9 	plan to another service or level of care. The reasons for service reduction must be identified, 
93.10 	documented, and included in the treatment plan. Billing and payment are prohibited for 
93.11 	days on which no services are delivered and documented.
93.12 	(i) Location of service delivery must be in the client's home, day care setting, school, or 
93.13 	other community-based setting that is specified on the client's individualized treatment plan.
93.14 	(j) Treatment must be developmentally and culturally appropriate for the client.
93.15 	(k) Services must be delivered in continual collaboration and consultation with the 
93.16 	client's medical providers and, in particular, with prescribers of psychotropic medications, 
93.17 	including those prescribed on an off-label basis. Members of the service team must be aware 
93.18 	of the medication regimen and potential side effects.
93.19 	(l) Parents, siblings, foster parents, legal guardians, and members of the child's 
93.20 	permanency plan must be involved in treatment and service delivery unless otherwise noted 
93.21 	in the treatment plan.
93.22 	(m) Transition planning for the a child in foster care must be conducted starting with 
93.23 	the first treatment plan and must be addressed throughout treatment to support the child's 
93.24 	permanency plan and postdischarge mental health service needs.
93.25 	(n) In order for a provider to receive the daily per-client encounter rate, at least one of 
93.26 	the services listed in subdivision 1, paragraph (b), clauses (1) to (3), must be provided. The 
93.27 	services listed in subdivision 1, paragraph (b), clauses (4) and (5), may be included as part 
93.28 	of the daily per-client encounter rate.

93.29 	EFFECTIVE DATE. This section is effective January 1, 2023, or upon federal approval, 
93.30 	whichever is later. The commissioner of human services shall notify the revisor of statutes 
93.31 	when federal approval is obtained.

94.1 	Sec. 62. Minnesota Statutes 2021 Supplement, section 256B.0946, subdivision 6, is 
94.2 	amended to read:
94.3 		Subd. 6.Excluded services. (a) Services in clauses (1) to (7) are not covered under this 
94.4 	section and are not eligible for medical assistance payment as components of children's 
94.5 	intensive treatment in foster care behavioral health services, but may be billed separately:
94.6 	(1) inpatient psychiatric hospital treatment;
94.7 	(2) mental health targeted case management;
94.8 	(3) partial hospitalization;
94.9 	(4) medication management;
94.10 	(5) children's mental health day treatment services;
94.11 	(6) crisis response services under section 256B.0624;
94.12 	(7) transportation; and
94.13 	(8) mental health certified family peer specialist services under section 256B.0616.
94.14 	(b) Children receiving intensive treatment in foster care behavioral health services are 
94.15 	not eligible for medical assistance reimbursement for the following services while receiving 
94.16 	children's intensive treatment in foster care behavioral health services:
94.17 	(1) psychotherapy and skills training components of children's therapeutic services and 
94.18 	supports under section 256B.0943;
94.19 	(2) mental health behavioral aide services as defined in section 256B.0943, subdivision 
94.20 	1, paragraph (l);
94.21 	(3) home and community-based waiver services;
94.22 	(4) mental health residential treatment; and
94.23 	(5) room and board costs as defined in section 256I.03, subdivision 6.

94.24 	EFFECTIVE DATE. This section is effective January 1, 2023, or upon federal approval, 
94.25 	whichever is later. The commissioner of human services shall notify the revisor of statutes 
94.26 	when federal approval is obtained.

94.27 	Sec. 63. Minnesota Statutes 2020, section 256B.0946, subdivision 7, is amended to read:
94.28 		Subd. 7.Medical assistance payment and rate setting. The commissioner shall establish 
94.29 	a single daily per-client encounter rate for children's intensive treatment in foster care
94.30 	behavioral health services. The rate must be constructed to cover only eligible services 
95.1 	delivered to an eligible recipient by an eligible provider, as prescribed in subdivision 1, 
95.2 	paragraph (b).

95.3 	EFFECTIVE DATE. This section is effective January 1, 2023, or upon federal approval, 
95.4 	whichever is later. The commissioner of human services shall notify the revisor of statutes 
95.5 	when federal approval is obtained.

95.6 	Sec. 64. Minnesota Statutes 2021 Supplement, section 256B.0947, subdivision 2, is 
95.7 	amended to read:
95.8 		Subd. 2.Definitions. For purposes of this section, the following terms have the meanings 
95.9 	given them.
95.10 	(a) "Intensive nonresidential rehabilitative mental health services" means child 
95.11 	rehabilitative mental health services as defined in section 256B.0943, except that these 
95.12 	services are provided by a multidisciplinary staff using a total team approach consistent 
95.13 	with assertive community treatment, as adapted for youth, and are directed to recipients 
95.14 	who are eight years of age or older and under 26 21 years of age who require intensive 
95.15 	services to prevent admission to an inpatient psychiatric hospital or placement in a residential 
95.16 	treatment facility or who require intensive services to step down from inpatient or residential 
95.17 	care to community-based care.
95.18 	(b) "Co-occurring mental illness and substance use disorder" means a dual diagnosis of 
95.19 	at least one form of mental illness and at least one substance use disorder. Substance use 
95.20 	disorders include alcohol or drug abuse or dependence, excluding nicotine use.
95.21 	(c) "Standard diagnostic assessment" means the assessment described in section 245I.10, 
95.22 	subdivision 6.
95.23 	(d) "Medication education services" means services provided individually or in groups, 
95.24 	which focus on:
95.25 	(1) educating the client and client's family or significant nonfamilial supporters about 
95.26 	mental illness and symptoms;
95.27 	(2) the role and effects of medications in treating symptoms of mental illness; and
95.28 	(3) the side effects of medications.
95.29 	Medication education is coordinated with medication management services and does not 
95.30 	duplicate it. Medication education services are provided by physicians, pharmacists, or 
95.31 	registered nurses with certification in psychiatric and mental health care.
96.1 	(e) "Mental health professional" means a staff person who is qualified according to 
96.2 	section 245I.04, subdivision 2.
96.3 	(f) "Provider agency" means a for-profit or nonprofit organization established to 
96.4 	administer an assertive community treatment for youth team.
96.5 	(g) "Substance use disorders" means one or more of the disorders defined in the diagnostic 
96.6 	and statistical manual of mental disorders, current edition.
96.7 	(h) "Transition services" means:
96.8 	(1) activities, materials, consultation, and coordination that ensures continuity of the 
96.9 	client's care in advance of and in preparation for the client's move from one stage of care 
96.10 	or life to another by maintaining contact with the client and assisting the client to establish 
96.11 	provider relationships;
96.12 	(2) providing the client with knowledge and skills needed posttransition;
96.13 	(3) establishing communication between sending and receiving entities;
96.14 	(4) supporting a client's request for service authorization and enrollment; and
96.15 	(5) establishing and enforcing procedures and schedules.
96.16 	A youth's transition from the children's mental health system and services to the adult 
96.17 	mental health system and services and return to the client's home and entry or re-entry into 
96.18 	community-based mental health services following discharge from an out-of-home placement 
96.19 	or inpatient hospital stay.
96.20 	(i) "Treatment team" means all staff who provide services to recipients under this section.
96.21 	(j) "Family peer specialist" means a staff person who is qualified under section 
96.22 	256B.0616.

96.23 	Sec. 65. Minnesota Statutes 2021 Supplement, section 256B.0947, subdivision 3, is 
96.24 	amended to read:
96.25 		Subd. 3.Client eligibility. An eligible recipient is an individual who:
96.26 	(1) is eight years of age or older and under 26 21 years of age;
96.27 	(2) is diagnosed with a serious mental illness or co-occurring mental illness and substance 
96.28 	use disorder, for which intensive nonresidential rehabilitative mental health services are 
96.29 	needed;
97.1 	(3) has received a level of care assessment as defined in section 245I.02, subdivision 
97.2 	19, that indicates a need for intensive integrated intervention without 24-hour medical 
97.3 	monitoring and a need for extensive collaboration among multiple providers;
97.4 	(4) has received a functional assessment as defined in section 245I.02, subdivision 17, 
97.5 	that indicates functional impairment and a history of difficulty in functioning safely and 
97.6 	successfully in the community, school, home, or job; or who is likely to need services from 
97.7 	the adult mental health system during adulthood; and
97.8 	(5) has had a recent standard diagnostic assessment that documents that intensive 
97.9 	nonresidential rehabilitative mental health services are medically necessary to ameliorate 
97.10 	identified symptoms and functional impairments and to achieve individual transition goals.

97.11 	Sec. 66. Minnesota Statutes 2021 Supplement, section 256B.0947, subdivision 5, is 
97.12 	amended to read:
97.13 		Subd. 5.Standards for intensive nonresidential rehabilitative providers. (a) Services 
97.14 	must meet the standards in this section and chapter 245I as required in section 245I.011, 
97.15 	subdivision 5.
97.16 	(b) The treatment team must have specialized training in providing services to the specific 
97.17 	age group of youth that the team serves. An individual treatment team must serve youth 
97.18 	who are: (1) at least eight years of age or older and under 16 years of age, or (2) at least 14 
97.19 	years of age or older and under 26 21 years of age.
97.20 	(c) The treatment team for intensive nonresidential rehabilitative mental health services 
97.21 	comprises both permanently employed core team members and client-specific team members 
97.22 	as follows:
97.23 	(1) Based on professional qualifications and client needs, clinically qualified core team 
97.24 	members are assigned on a rotating basis as the client's lead worker to coordinate a client's 
97.25 	care. The core team must comprise at least four full-time equivalent direct care staff and 
97.26 	must minimally include:
97.27 	(i) a mental health professional who serves as team leader to provide administrative 
97.28 	direction and treatment supervision to the team;
97.29 	(ii) an advanced-practice registered nurse with certification in psychiatric or mental 
97.30 	health care or a board-certified child and adolescent psychiatrist, either of which must be 
97.31 	credentialed to prescribe medications;
98.1 	(iii) a licensed alcohol and drug counselor who is also trained in mental health 
98.2 	interventions; and
98.3 	(iv) a mental health certified peer specialist who is qualified according to section 245I.04, 
98.4 	subdivision 10, and is also a former children's mental health consumer.
98.5 	(2) The core team may also include any of the following:
98.6 	(i) additional mental health professionals;
98.7 	(ii) a vocational specialist;
98.8 	(iii) an educational specialist with knowledge and experience working with youth 
98.9 	regarding special education requirements and goals, special education plans, and coordination 
98.10 	of educational activities with health care activities;
98.11 	(iv) a child and adolescent psychiatrist who may be retained on a consultant basis;
98.12 	(v) a clinical trainee qualified according to section 245I.04, subdivision 6;
98.13 	(vi) a mental health practitioner qualified according to section 245I.04, subdivision 4;
98.14 	(vii) a case management service provider, as defined in section 245.4871, subdivision 
98.15 	4;
98.16 	(viii) a housing access specialist; and
98.17 	(ix) a family peer specialist as defined in subdivision 2, paragraph (j).
98.18 	(3) A treatment team may include, in addition to those in clause (1) or (2), ad hoc 
98.19 	members not employed by the team who consult on a specific client and who must accept 
98.20 	overall clinical direction from the treatment team for the duration of the client's placement 
98.21 	with the treatment team and must be paid by the provider agency at the rate for a typical 
98.22 	session by that provider with that client or at a rate negotiated with the client-specific 
98.23 	member. Client-specific treatment team members may include:
98.24 	(i) the mental health professional treating the client prior to placement with the treatment 
98.25 	team;
98.26 	(ii) the client's current substance use counselor, if applicable;
98.27 	(iii) a lead member of the client's individualized education program team or school-based 
98.28 	mental health provider, if applicable;
98.29 	(iv) a representative from the client's health care home or primary care clinic, as needed 
98.30 	to ensure integration of medical and behavioral health care;
99.1 	(v) the client's probation officer or other juvenile justice representative, if applicable; 
99.2 	and
99.3 	(vi) the client's current vocational or employment counselor, if applicable.
99.4 	(d) The treatment supervisor shall be an active member of the treatment team and shall 
99.5 	function as a practicing clinician at least on a part-time basis. The treatment team shall meet 
99.6 	with the treatment supervisor at least weekly to discuss recipients' progress and make rapid 
99.7 	adjustments to meet recipients' needs. The team meeting must include client-specific case 
99.8 	reviews and general treatment discussions among team members. Client-specific case 
99.9 	reviews and planning must be documented in the individual client's treatment record.
99.10 	(e) The staffing ratio must not exceed ten clients to one full-time equivalent treatment 
99.11 	team position.
99.12 	(f) The treatment team shall serve no more than 80 clients at any one time. Should local 
99.13 	demand exceed the team's capacity, an additional team must be established rather than 
99.14 	exceed this limit.
99.15 	(g) Nonclinical staff shall have prompt access in person or by telephone to a mental 
99.16 	health practitioner, clinical trainee, or mental health professional. The provider shall have 
99.17 	the capacity to promptly and appropriately respond to emergent needs and make any 
99.18 	necessary staffing adjustments to ensure the health and safety of clients.
99.19 	(h) The intensive nonresidential rehabilitative mental health services provider shall 
99.20 	participate in evaluation of the assertive community treatment for youth (Youth ACT) model 
99.21 	as conducted by the commissioner, including the collection and reporting of data and the 
99.22 	reporting of performance measures as specified by contract with the commissioner.
99.23 	(i) A regional treatment team may serve multiple counties.

99.24 	Sec. 67. Minnesota Statutes 2020, section 256B.0949, subdivision 15, is amended to read:
99.25 		Subd. 15.EIDBI provider qualifications. (a) A QSP must be employed by an agency 
99.26 	and be:
99.27 	(1) a licensed mental health professional who has at least 2,000 hours of supervised 
99.28 	clinical experience or training in examining or treating people with ASD or a related condition 
99.29 	or equivalent documented coursework at the graduate level by an accredited university in 
99.30 	ASD diagnostics, ASD developmental and behavioral treatment strategies, and typical child 
99.31 	development; or
100.1 	(2) a developmental or behavioral pediatrician who has at least 2,000 hours of supervised 
100.2 	clinical experience or training in examining or treating people with ASD or a related condition 
100.3 	or equivalent documented coursework at the graduate level by an accredited university in 
100.4 	the areas of ASD diagnostics, ASD developmental and behavioral treatment strategies, and 
100.5 	typical child development.
100.6 	(b) A level I treatment provider must be employed by an agency and:
100.7 	(1) have at least 2,000 hours of supervised clinical experience or training in examining 
100.8 	or treating people with ASD or a related condition or equivalent documented coursework 
100.9 	at the graduate level by an accredited university in ASD diagnostics, ASD developmental 
100.10 	and behavioral treatment strategies, and typical child development or an equivalent 
100.11 	combination of documented coursework or hours of experience; and
100.12 	(2) have or be at least one of the following:
100.13 	(i) a master's degree in behavioral health or child development or related fields including, 
100.14 	but not limited to, mental health, special education, social work, psychology, speech 
100.15 	pathology, or occupational therapy from an accredited college or university;
100.16 	(ii) a bachelor's degree in a behavioral health, child development, or related field 
100.17 	including, but not limited to, mental health, special education, social work, psychology, 
100.18 	speech pathology, or occupational therapy, from an accredited college or university, and 
100.19 	advanced certification in a treatment modality recognized by the department;
100.20 	(iii) a board-certified behavior analyst; or
100.21 	(iv) a board-certified assistant behavior analyst with 4,000 hours of supervised clinical 
100.22 	experience that meets all registration, supervision, and continuing education requirements 
100.23 	of the certification.
100.24 	(c) A level II treatment provider must be employed by an agency and must be:
100.25 	(1) a person who has a bachelor's degree from an accredited college or university in a 
100.26 	behavioral or child development science or related field including, but not limited to, mental 
100.27 	health, special education, social work, psychology, speech pathology, or occupational 
100.28 	therapy; and meets at least one of the following:
100.29 	(i) has at least 1,000 hours of supervised clinical experience or training in examining or 
100.30 	treating people with ASD or a related condition or equivalent documented coursework at 
100.31 	the graduate level by an accredited university in ASD diagnostics, ASD developmental and 
100.32 	behavioral treatment strategies, and typical child development or a combination of 
100.33 	coursework or hours of experience;
101.1 	(ii) has certification as a board-certified assistant behavior analyst from the Behavior 
101.2 	Analyst Certification Board;
101.3 	(iii) is a registered behavior technician as defined by the Behavior Analyst Certification 
101.4 	Board; or
101.5 	(iv) is certified in one of the other treatment modalities recognized by the department; 
101.6 	or
101.7 	(2) a person who has:
101.8 	(i) an associate's degree in a behavioral or child development science or related field 
101.9 	including, but not limited to, mental health, special education, social work, psychology, 
101.10 	speech pathology, or occupational therapy from an accredited college or university; and
101.11 	(ii) at least 2,000 hours of supervised clinical experience in delivering treatment to people 
101.12 	with ASD or a related condition. Hours worked as a mental health behavioral aide or level 
101.13 	III treatment provider may be included in the required hours of experience; or
101.14 	(3) a person who has at least 4,000 hours of supervised clinical experience in delivering 
101.15 	treatment to people with ASD or a related condition. Hours worked as a mental health 
101.16 	behavioral aide or level III treatment provider may be included in the required hours of 
101.17 	experience; or
101.18 	(4) a person who is a graduate student in a behavioral science, child development science, 
101.19 	or related field and is receiving clinical supervision by a QSP affiliated with an agency to 
101.20 	meet the clinical training requirements for experience and training with people with ASD 
101.21 	or a related condition; or
101.22 	(5) a person who is at least 18 years of age and who:
101.23 	(i) is fluent in a non-English language or an individual certified by a Tribal Nation;
101.24 	(ii) completed the level III EIDBI training requirements; and
101.25 	(iii) receives observation and direction from a QSP or level I treatment provider at least 
101.26 	once a week until the person meets 1,000 hours of supervised clinical experience.
101.27 	(d) A level III treatment provider must be employed by an agency, have completed the 
101.28 	level III training requirement, be at least 18 years of age, and have at least one of the 
101.29 	following:
101.30 	(1) a high school diploma or commissioner of education-selected high school equivalency 
101.31 	certification;
102.1 	(2) fluency in a non-English language or certification by a Tribal Nation;
102.2 	(3) one year of experience as a primary personal care assistant, community health worker, 
102.3 	waiver service provider, or special education assistant to a person with ASD or a related 
102.4 	condition within the previous five years; or
102.5 	(4) completion of all required EIDBI training within six months of employment.

102.6 	EFFECTIVE DATE. This section is effective January 1, 2022, or upon federal approval, 
102.7 	whichever is later. The commissioner of human services shall notify the revisor of statutes 
102.8 	when federal approval is obtained.

102.9 	Sec. 68. Minnesota Statutes 2020, section 256D.09, subdivision 2a, is amended to read:
102.10 		Subd. 2a.Vendor payments for drug dependent persons. If, at the time of application 
102.11 	or at any other time, there is a reasonable basis for questioning whether a person applying 
102.12 	for or receiving financial assistance is drug dependent, as defined in section 254A.02, 
102.13 	subdivision 5, the person shall be referred for a chemical health assessment, and only 
102.14 	emergency assistance payments or general assistance vendor payments may be provided 
102.15 	until the assessment is complete and the results of the assessment made available to the 
102.16 	county agency. A reasonable basis for referring an individual for an assessment exists when:
102.17 	(1) the person has required detoxification two or more times in the past 12 months;
102.18 	(2) the person appears intoxicated at the county agency as indicated by two or more of 
102.19 	the following:
102.20 	(i) the odor of alcohol;
102.21 	(ii) slurred speech;
102.22 	(iii) disconjugate gaze;
102.23 	(iv) impaired balance;
102.24 	(v) difficulty remaining awake;
102.25 	(vi) consumption of alcohol;
102.26 	(vii) responding to sights or sounds that are not actually present;
102.27 	(viii) extreme restlessness, fast speech, or unusual belligerence;
102.28 	(3) the person has been involuntarily committed for drug dependency at least once in 
102.29 	the past 12 months; or
103.1 	(4) the person has received treatment, including domiciliary care, for drug abuse or 
103.2 	dependency at least twice in the past 12 months.
103.3 	The assessment and determination of drug dependency, if any, must be made by an 
103.4 	assessor qualified under Minnesota Rules, part 9530.6615, subpart 2 section 245G.11, 
103.5 	subdivisions 1 and 5, to perform an assessment of chemical use. The county shall only 
103.6 	provide emergency general assistance or vendor payments to an otherwise eligible applicant 
103.7 	or recipient who is determined to be drug dependent, except up to 15 percent of the grant 
103.8 	amount the person would otherwise receive may be paid in cash. Notwithstanding subdivision 
103.9 	1, the commissioner of human services shall also require county agencies to provide 
103.10 	assistance only in the form of vendor payments to all eligible recipients who assert chemical 
103.11 	dependency as a basis for eligibility under section 256D.05, subdivision 1, paragraph (a), 
103.12 	clauses (1) and (5).
103.13 	The determination of drug dependency shall be reviewed at least every 12 months. If 
103.14 	the county determines a recipient is no longer drug dependent, the county may cease vendor 
103.15 	payments and provide the recipient payments in cash.

103.16 	Sec. 69. Minnesota Statutes 2021 Supplement, section 256L.03, subdivision 2, is amended 
103.17 	to read:
103.18 		Subd. 2.Alcohol and drug dependency. Beginning July 1, 1993, covered health services 
103.19 	shall include individual outpatient treatment of alcohol or drug dependency by a qualified 
103.20 	health professional or outpatient program.
103.21 	Persons who may need chemical dependency services under the provisions of this chapter 
103.22 	shall be assessed by a local agency must be offered access by a local agency to a 
103.23 	comprehensive assessment as defined under section 254B.01 245G.05, and under the 
103.24 	assessment provisions of section 254A.03, subdivision 3. A local agency or managed care 
103.25 	plan under contract with the Department of Human Services must place offer services to a 
103.26 	person in need of chemical dependency services as provided in Minnesota Rules, parts 
103.27 	9530.6600 to 9530.6655 based on the recommendations of section 245G.05. Persons who 
103.28 	are recipients of medical benefits under the provisions of this chapter and who are financially 
103.29 	eligible for behavioral health fund services provided under the provisions of chapter 254B 
103.30 	shall receive chemical dependency treatment services under the provisions of chapter 254B 
103.31 	only if:
103.32 	(1) they have exhausted the chemical dependency benefits offered under this chapter; 
103.33 	or
104.1 	(2) an assessment indicates that they need a level of care not provided under the provisions 
104.2 	of this chapter.
104.3 	Recipients of covered health services under the children's health plan, as provided in 
104.4 	Minnesota Statutes 1990, section 256.936, and as amended by Laws 1991, chapter 292, 
104.5 	article 4, section 17, and recipients of covered health services enrolled in the children's 
104.6 	health plan or the MinnesotaCare program after October 1, 1992, pursuant to Laws 1992, 
104.7 	chapter 549, article 4, sections 5 and 17, are eligible to receive alcohol and drug dependency 
104.8 	benefits under this subdivision.

104.9 	Sec. 70. Minnesota Statutes 2020, section 256L.12, subdivision 8, is amended to read:
104.10 		Subd. 8.Chemical dependency assessments. The managed care plan shall be responsible 
104.11 	for assessing the need and placement for provision of chemical dependency services 
104.12 	according to criteria set forth in Minnesota Rules, parts 9530.6600 to 9530.6655 section 
104.13 	245G.05.

104.14 	Sec. 71. Minnesota Statutes 2020, section 260B.157, subdivision 1, is amended to read:
104.15 		Subdivision 1.Investigation. Upon request of the court the local social services agency 
104.16 	or probation officer shall investigate the personal and family history and environment of 
104.17 	any minor coming within the jurisdiction of the court under section 260B.101 and shall 
104.18 	report its findings to the court. The court may order any minor coming within its jurisdiction 
104.19 	to be examined by a duly qualified physician, psychiatrist, or psychologist appointed by the 
104.20 	court.
104.21 	The court shall order a chemical use assessment conducted when a child is (1) found to 
104.22 	be delinquent for violating a provision of chapter 152, or for committing a felony-level 
104.23 	violation of a provision of chapter 609 if the probation officer determines that alcohol or 
104.24 	drug use was a contributing factor in the commission of the offense, or (2) alleged to be 
104.25 	delinquent for violating a provision of chapter 152, if the child is being held in custody 
104.26 	under a detention order. The assessor's qualifications must comply with section 245G.11, 
104.27 	subdivisions 1 and 5, and the assessment criteria shall must comply with Minnesota Rules, 
104.28 	parts 9530.6600 to 9530.6655 section 245G.05. If funds under chapter 254B are to be used 
104.29 	to pay for the recommended treatment, the assessment and placement must comply with all 
104.30 	provisions of Minnesota Rules, parts 9530.6600 to 9530.6655 and 9530.7000 to 9530.7030
104.31 	sections 245G.05 and 254B.04. The commissioner of human services shall reimburse the 
104.32 	court for the cost of the chemical use assessment, up to a maximum of $100.
105.1 	The court shall order a children's mental health screening conducted when a child is 
105.2 	found to be delinquent. The screening shall be conducted with a screening instrument 
105.3 	approved by the commissioner of human services and shall be conducted by a mental health 
105.4 	practitioner as defined in section 245.4871, subdivision 26, or a probation officer who is 
105.5 	trained in the use of the screening instrument. If the screening indicates a need for assessment, 
105.6 	the local social services agency, in consultation with the child's family, shall have a diagnostic 
105.7 	assessment conducted, including a functional assessment, as defined in section 245.4871.
105.8 	With the consent of the commissioner of corrections and agreement of the county to pay 
105.9 	the costs thereof, the court may, by order, place a minor coming within its jurisdiction in 
105.10 	an institution maintained by the commissioner for the detention, diagnosis, custody and 
105.11 	treatment of persons adjudicated to be delinquent, in order that the condition of the minor 
105.12 	be given due consideration in the disposition of the case. Any funds received under the 
105.13 	provisions of this subdivision shall not cancel until the end of the fiscal year immediately 
105.14 	following the fiscal year in which the funds were received. The funds are available for use 
105.15 	by the commissioner of corrections during that period and are hereby appropriated annually 
105.16 	to the commissioner of corrections as reimbursement of the costs of providing these services 
105.17 	to the juvenile courts.

105.18 	Sec. 72. Minnesota Statutes 2020, section 260B.157, subdivision 3, is amended to read:
105.19 		Subd. 3.Juvenile treatment screening team. (a) The local social services agency shall 
105.20 	establish a juvenile treatment screening team to conduct screenings and prepare case plans 
105.21 	under this subdivision. The team, which may be the team constituted under section 245.4885
105.22 	or 256B.092 or Minnesota Rules, parts 9530.6600 to 9530.6655 chapter 254B, shall consist 
105.23 	of social workers, juvenile justice professionals, and persons with expertise in the treatment 
105.24 	of juveniles who are emotionally disabled, chemically dependent, or have a developmental 
105.25 	disability. The team shall involve parents or guardians in the screening process as appropriate. 
105.26 	The team may be the same team as defined in section 260C.157, subdivision 3.
105.27 	(b) If the court, prior to, or as part of, a final disposition, proposes to place a child:
105.28 	(1) for the primary purpose of treatment for an emotional disturbance, and residential 
105.29 	placement is consistent with section 260.012, a developmental disability, or chemical 
105.30 	dependency in a residential treatment facility out of state or in one which is within the state 
105.31 	and licensed by the commissioner of human services under chapter 245A; or
105.32 	(2) in any out-of-home setting potentially exceeding 30 days in duration, including a 
105.33 	post-dispositional placement in a facility licensed by the commissioner of corrections or 
106.1 	human services, the court shall notify the county welfare agency. The county's juvenile 
106.2 	treatment screening team must either:
106.3 	(i) screen and evaluate the child and file its recommendations with the court within 14 
106.4 	days of receipt of the notice; or
106.5 	(ii) elect not to screen a given case, and notify the court of that decision within three 
106.6 	working days.
106.7 	(c) If the screening team has elected to screen and evaluate the child, the child may not 
106.8 	be placed for the primary purpose of treatment for an emotional disturbance, a developmental 
106.9 	disability, or chemical dependency, in a residential treatment facility out of state nor in a 
106.10 	residential treatment facility within the state that is licensed under chapter 245A, unless one 
106.11 	of the following conditions applies:
106.12 	(1) a treatment professional certifies that an emergency requires the placement of the 
106.13 	child in a facility within the state;
106.14 	(2) the screening team has evaluated the child and recommended that a residential 
106.15 	placement is necessary to meet the child's treatment needs and the safety needs of the 
106.16 	community, that it is a cost-effective means of meeting the treatment needs, and that it will 
106.17 	be of therapeutic value to the child; or
106.18 	(3) the court, having reviewed a screening team recommendation against placement, 
106.19 	determines to the contrary that a residential placement is necessary. The court shall state 
106.20 	the reasons for its determination in writing, on the record, and shall respond specifically to 
106.21 	the findings and recommendation of the screening team in explaining why the 
106.22 	recommendation was rejected. The attorney representing the child and the prosecuting 
106.23 	attorney shall be afforded an opportunity to be heard on the matter.

106.24 	Sec. 73. Minnesota Statutes 2021 Supplement, section 260C.157, subdivision 3, is amended 
106.25 	to read:
106.26 		Subd. 3.Juvenile treatment screening team. (a) The responsible social services agency 
106.27 	shall establish a juvenile treatment screening team to conduct screenings under this chapter 
106.28 	and chapter 260D, for a child to receive treatment for an emotional disturbance, a 
106.29 	developmental disability, or related condition in a residential treatment facility licensed by 
106.30 	the commissioner of human services under chapter 245A, or licensed or approved by a 
106.31 	Tribe. A screening team is not required for a child to be in: (1) a residential facility 
106.32 	specializing in prenatal, postpartum, or parenting support; (2) a facility specializing in 
106.33 	high-quality residential care and supportive services to children and youth who have been 
107.1 	or are at risk of becoming victims of sex trafficking or commercial sexual exploitation; (3) 
107.2 	supervised settings for youth who are 18 years of age or older and living independently; or 
107.3 	(4) a licensed residential family-based treatment facility for substance abuse consistent with 
107.4 	section 260C.190. Screenings are also not required when a child must be placed in a facility 
107.5 	due to an emotional crisis or other mental health emergency.
107.6 	(b) The responsible social services agency shall conduct screenings within 15 days of a 
107.7 	request for a screening, unless the screening is for the purpose of residential treatment and 
107.8 	the child is enrolled in a prepaid health program under section 256B.69, in which case the 
107.9 	agency shall conduct the screening within ten working days of a request. The responsible 
107.10 	social services agency shall convene the juvenile treatment screening team, which may be 
107.11 	constituted under section 245.4885or, 254B.05, or256B.092or Minnesota Rules, parts 
107.12 	9530.6600 to 9530.6655. The team shall consist of social workers; persons with expertise 
107.13 	in the treatment of juveniles who are emotionally disturbed, chemically dependent, or have 
107.14 	a developmental disability; and the child's parent, guardian, or permanent legal custodian. 
107.15 	The team may include the child's relatives as defined in section 260C.007, subdivisions 26b 
107.16 	and 27, the child's foster care provider, and professionals who are a resource to the child's 
107.17 	family such as teachers, medical or mental health providers, and clergy, as appropriate, 
107.18 	consistent with the family and permanency team as defined in section 260C.007, subdivision 
107.19 	16a. Prior to forming the team, the responsible social services agency must consult with the 
107.20 	child's parents, the child if the child is age 14 or older, and, if applicable, the child's Tribe 
107.21 	to obtain recommendations regarding which individuals to include on the team and to ensure 
107.22 	that the team is family-centered and will act in the child's best interests. If the child, child's 
107.23 	parents, or legal guardians raise concerns about specific relatives or professionals, the team 
107.24 	should not include those individuals. This provision does not apply to paragraph (c).
107.25 	(c) If the agency provides notice to Tribes under section 260.761, and the child screened 
107.26 	is an Indian child, the responsible social services agency must make a rigorous and concerted 
107.27 	effort to include a designated representative of the Indian child's Tribe on the juvenile 
107.28 	treatment screening team, unless the child's Tribal authority declines to appoint a 
107.29 	representative. The Indian child's Tribe may delegate its authority to represent the child to 
107.30 	any other federally recognized Indian Tribe, as defined in section 260.755, subdivision 12. 
107.31 	The provisions of the Indian Child Welfare Act of 1978, United States Code, title 25, sections 
107.32 	1901 to 1963, and the Minnesota Indian Family Preservation Act, sections 260.751 to 
107.33 	260.835, apply to this section.
107.34 	(d) If the court, prior to, or as part of, a final disposition or other court order, proposes 
107.35 	to place a child with an emotional disturbance or developmental disability or related condition 
108.1 	in residential treatment, the responsible social services agency must conduct a screening. 
108.2 	If the team recommends treating the child in a qualified residential treatment program, the 
108.3 	agency must follow the requirements of sections 260C.70 to 260C.714.
108.4 	The court shall ascertain whether the child is an Indian child and shall notify the 
108.5 	responsible social services agency and, if the child is an Indian child, shall notify the Indian 
108.6 	child's Tribe as paragraph (c) requires.
108.7 	(e) When the responsible social services agency is responsible for placing and caring 
108.8 	for the child and the screening team recommends placing a child in a qualified residential 
108.9 	treatment program as defined in section 260C.007, subdivision 26d, the agency must: (1) 
108.10 	begin the assessment and processes required in section 260C.704 without delay; and (2) 
108.11 	conduct a relative search according to section 260C.221 to assemble the child's family and 
108.12 	permanency team under section 260C.706. Prior to notifying relatives regarding the family 
108.13 	and permanency team, the responsible social services agency must consult with the child's 
108.14 	parent or legal guardian, the child if the child is age 14 or older, and, if applicable, the child's 
108.15 	Tribe to ensure that the agency is providing notice to individuals who will act in the child's 
108.16 	best interests. The child and the child's parents may identify a culturally competent qualified 
108.17 	individual to complete the child's assessment. The agency shall make efforts to refer the 
108.18 	assessment to the identified qualified individual. The assessment may not be delayed for 
108.19 	the purpose of having the assessment completed by a specific qualified individual.
108.20 	(f) When a screening team determines that a child does not need treatment in a qualified 
108.21 	residential treatment program, the screening team must:
108.22 	(1) document the services and supports that will prevent the child's foster care placement 
108.23 	and will support the child remaining at home;
108.24 	(2) document the services and supports that the agency will arrange to place the child 
108.25 	in a family foster home; or
108.26 	(3) document the services and supports that the agency has provided in any other setting.
108.27 	(g) When the Indian child's Tribe or Tribal health care services provider or Indian Health 
108.28 	Services provider proposes to place a child for the primary purpose of treatment for an 
108.29 	emotional disturbance, a developmental disability, or co-occurring emotional disturbance 
108.30 	and chemical dependency, the Indian child's Tribe or the Tribe delegated by the child's Tribe 
108.31 	shall submit necessary documentation to the county juvenile treatment screening team, 
108.32 	which must invite the Indian child's Tribe to designate a representative to the screening 
108.33 	team.
109.1 	(h) The responsible social services agency must conduct and document the screening in 
109.2 	a format approved by the commissioner of human services.

109.3 	Sec. 74. Minnesota Statutes 2020, section 260E.20, subdivision 1, is amended to read:
109.4 		Subdivision 1.General duties. (a) The local welfare agency shall offer services to 
109.5 	prevent future maltreatment, safeguarding and enhancing the welfare of the maltreated child, 
109.6 	and supporting and preserving family life whenever possible.
109.7 	(b) If the report alleges a violation of a criminal statute involving maltreatment or child 
109.8 	endangerment under section 609.378, the local law enforcement agency and local welfare 
109.9 	agency shall coordinate the planning and execution of their respective investigation and 
109.10 	assessment efforts to avoid a duplication of fact-finding efforts and multiple interviews. 
109.11 	Each agency shall prepare a separate report of the results of the agency's investigation or 
109.12 	assessment.
109.13 	(c) In cases of alleged child maltreatment resulting in death, the local agency may rely 
109.14 	on the fact-finding efforts of a law enforcement investigation to make a determination of 
109.15 	whether or not maltreatment occurred.
109.16 	(d) When necessary, the local welfare agency shall seek authority to remove the child 
109.17 	from the custody of a parent, guardian, or adult with whom the child is living.
109.18 	(e) In performing any of these duties, the local welfare agency shall maintain an 
109.19 	appropriate record.
109.20 	(f) In conducting a family assessment or investigation, the local welfare agency shall 
109.21 	gather information on the existence of substance abuse and domestic violence.
109.22 	(g) If the family assessment or investigation indicates there is a potential for abuse of 
109.23 	alcohol or other drugs by the parent, guardian, or person responsible for the child's care, 
109.24 	the local welfare agency shall conduct a chemical use must coordinate a comprehensive 
109.25 	assessment pursuant to Minnesota Rules, part 9530.6615 section 245G.05.
109.26 	(h) The agency may use either a family assessment or investigation to determine whether 
109.27 	the child is safe when responding to a report resulting from birth match data under section 
109.28 	260E.03, subdivision 23, paragraph (c). If the child subject of birth match data is determined 
109.29 	to be safe, the agency shall consult with the county attorney to determine the appropriateness 
109.30 	of filing a petition alleging the child is in need of protection or services under section 
109.31 	260C.007, subdivision 6, clause (16), in order to deliver needed services. If the child is 
109.32 	determined not to be safe, the agency and the county attorney shall take appropriate action 
109.33 	as required under section 260C.503, subdivision 2.

110.1 	Sec. 75. Minnesota Statutes 2020, section 299A.299, subdivision 1, is amended to read:
110.2 		Subdivision 1.Establishment of team. A county, a multicounty organization of counties 
110.3 	formed by an agreement under section 471.59, or a city with a population of no more than 
110.4 	50,000, may establish a multidisciplinary chemical abuse prevention team. The chemical 
110.5 	abuse prevention team may include, but not be limited to, representatives of health, mental 
110.6 	health, public health, law enforcement, educational, social service, court service, community 
110.7 	education, religious, and other appropriate agencies, and parent and youth groups. For 
110.8 	purposes of this section, "chemical abuse" has the meaning given in Minnesota Rules, part 
110.9 	9530.6605, subpart 6 section 254A.02, subdivision 6a. When possible the team must 
110.10 	coordinate its activities with existing local groups, organizations, and teams dealing with 
110.11 	the same issues the team is addressing.

110.12 	Sec. 76. Laws 2021, First Special Session chapter 7, article 17, section 1, subdivision 2, 
110.13 	is amended to read:
110.14 		Subd. 2.Eligibility. An individual is eligible for the transition to community initiative 
110.15 	if the individual does not meet eligibility criteria for the medical assistance program under 
110.16 	section 256B.056 or 256B.057, but who meets at least one of the following criteria:
110.17 	(1) the person otherwise meets the criteria under section 256B.092, subdivision 13, or 
110.18 	256B.49, subdivision 24;
110.19 	(2) the person has met treatment objectives and no longer requires a hospital-level care 
110.20 	or a secure treatment setting, but the person's discharge from the Anoka Metro Regional 
110.21 	Treatment Center, the Minnesota Security Hospital, or a community behavioral health 
110.22 	hospital would be substantially delayed without additional resources available through the 
110.23 	transitions to community initiative;
110.24 	(3) the person is in a community hospital and on the waiting list for the Anoka Metro 
110.25 	Regional Treatment Center, but alternative community living options would be appropriate 
110.26 	for the person, and the person has received approval from the commissioner; or
110.27 	(4)(i) the person is receiving customized living services reimbursed under section 
110.28 	256B.4914, 24-hour customized living services reimbursed under section 256B.4914, or 
110.29 	community residential services reimbursed under section 256B.4914; (ii) the person expresses 
110.30 	a desire to move; and (iii) the person has received approval from the commissioner.

111.1 	Sec. 77. Laws 2021, First Special Session chapter 7, article 17, section 11, is amended to 
111.2 	read:
111.3 	Sec. 11. EXPAND MOBILE CRISIS.
 111.4 	(a) This act includes $8,000,000 in fiscal year 2022 and $8,000,000 in fiscal year 2023 
111.5 	for additional funding for grants for adult mobile crisis services under Minnesota Statutes, 
111.6 	section 245.4661, subdivision 9, paragraph (b), clause (15) and children's mobile crisis 
111.7 	services under Minnesota Statutes, section 256B.0944. The general fund base in this act for 
111.8 	this purpose is $4,000,000 $8,000,000 in fiscal year 2024 and $0 $8,000,000 in fiscal year 
111.9 	2025.
111.10 	(b) Beginning April 1, 2024, counties may fund and continue conducting activities 
111.11 	funded under this section.
111.12 	(c) All grant activities must be completed by March 31, 2024.
111.13 	(d) This section expires June 30, 2024.

111.14 	Sec. 78. Laws 2021, First Special Session chapter 7, article 17, section 12, is amended to 
111.15 	read:
111.16 	Sec. 12. PSYCHIATRIC RESIDENTIAL TREATMENT FACILITY AND CHILD 
111.17 	AND ADOLESCENT ADULT AND CHILDREN'S MOBILE TRANSITION UNIT
111.18 	UNITS.
 111.19 	(a) This act includes $2,500,000 in fiscal year 2022 and $2,500,000 in fiscal year 2023 
111.20 	for the commissioner of human services to create adult and children's mental health transition 
111.21 	and support teams to facilitate transition back to the community of children or to the least 
111.22 	restrictive level of care from inpatient psychiatric settings, emergency departments, residential 
111.23 	treatment facilities, and child and adolescent behavioral health hospitals. The general fund 
111.24 	base included in this act for this purpose is $1,875,000 in fiscal year 2024 and $0 in fiscal 
111.25 	year 2025.
111.26 	(b) Beginning April 1, 2024, counties may fund and continue conducting activities 
111.27 	funded under this section.
111.28 	(c) This section expires March 31, 2024.

112.1 	Sec. 79. RATE INCREASE FOR MENTAL HEALTH ADULT DAY TREATMENT.
 112.2 	The commissioner of human services must increase the reimbursement rate for adult 
112.3 	day treatment by 50 percent over the reimbursement rate in effect as of June 30, 2022.

112.4 	EFFECTIVE DATE. This section is effective January 1, 2023, or 60 days following 
112.5 	federal approval, whichever is later. The commissioner of human services shall notify the 
112.6 	revisor of statutes when federal approval is obtained.

112.7 	Sec. 80. DIRECTION TO THE COMMISSIONER; BEHAVIORAL HEALTH FUND 
112.8 	ALLOCATION.
 112.9 	The commissioner of human services, in consultation with counties and Tribal Nations, 
112.10 	must make recommendations on an updated allocation to local agencies from funds allocated 
112.11 	under Minnesota Statutes, section 254B.02, subdivision 5. The commissioner must submit 
112.12 	the recommendations to the chairs and ranking minority members of the legislative 
112.13 	committees with jurisdiction over health and human services finance and policy by January 
112.14 	1, 2024.

112.15 	Sec. 81. REPEALER.
 112.16 	(a) Minnesota Statutes 2020, sections 169A.70, subdivision 6; 245G.22, subdivision 19; 
112.17 	254A.02, subdivision 8a; 254A.16, subdivision 6; 254A.19, subdivisions 1a and 2; 254B.04, 
112.18 	subdivisions 2b and 2c; and 254B.041, subdivision 2, are repealed.
112.19 	(b) Minnesota Statutes 2021 Supplement, section 254A.19, subdivision 5, is repealed.
112.20 	(c) Minnesota Rules, parts 9530.7000, subparts 1, 2, 5, 6, 7, 8, 9, 10, 11, 13, 14, 15, 17a, 
112.21 	19, 20, and 21; 9530.7005; 9530.7010; 9530.7012; 9530.7015, subparts 1, 2a, 4, 5, and 6; 
112.22 	9530.7020, subparts 1, 1a, and 2; 9530.7021; 9530.7022, subpart 1; 9530.7025; and 
112.23 	9530.7030, subpart 1, are repealed.

112.24 	ARTICLE 5
112.25 	HEALTH CARE

112.26 	Section 1. Minnesota Statutes 2020, section 256B.055, subdivision 17, is amended to read:
112.27 		Subd. 17.Adults who were in foster care at the age of 18. (a) Medical assistance may 
112.28 	be paid for a person under 26 years of age who was in foster care under the commissioner's 
112.29 	responsibility on the date of attaining 18 years of age or older, and who was enrolled in 
112.30 	medical assistance under the a state plan or a waiver of the a plan while in foster care, in 
112.31 	accordance with section 2004 of the Affordable Care Act.
113.1 	(b) Beginning January 1, 2023, medical assistance may be paid for a person under 26 
113.2 	years of age who was in foster care and enrolled in another state's Medicaid program while 
113.3 	in foster care, in accordance with Public Law 115-271, section 1002, the Substance 
113.4 	Use-Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and 
113.5 	Communities Act.

113.6 	EFFECTIVE DATE. This section is effective January 1, 2023.

113.7 	Sec. 2. Minnesota Statutes 2020, section 256B.056, subdivision 3, is amended to read:
113.8 		Subd. 3.Asset limitations for certain individuals. (a) To be eligible for medical 
113.9 	assistance, a person must not individually own more than $3,000 in assets, or if a member 
113.10 	of a household with two family members, husband and wife, or parent and child, the 
113.11 	household must not own more than $6,000 in assets, plus $200 for each additional legal 
113.12 	dependent. In addition to these maximum amounts, an eligible individual or family may 
113.13 	accrue interest on these amounts, but they must be reduced to the maximum at the time of 
113.14 	an eligibility redetermination. The accumulation of the clothing and personal needs allowance 
113.15 	according to section 256B.35 must also be reduced to the maximum at the time of the 
113.16 	eligibility redetermination. The value of assets that are not considered in determining 
113.17 	eligibility for medical assistance is the value of those assets excluded under the Supplemental 
113.18 	Security Income program for aged, blind, and disabled persons, with the following 
113.19 	exceptions:
113.20 	(1) household goods and personal effects are not considered;
113.21 	(2) capital and operating assets of a trade or business that the local agency determines 
113.22 	are necessary to the person's ability to earn an income are not considered;
113.23 	(3) motor vehicles are excluded to the same extent excluded by the Supplemental Security 
113.24 	Income program;
113.25 	(4) assets designated as burial expenses are excluded to the same extent excluded by the 
113.26 	Supplemental Security Income program. Burial expenses funded by annuity contracts or 
113.27 	life insurance policies must irrevocably designate the individual's estate as contingent 
113.28 	beneficiary to the extent proceeds are not used for payment of selected burial expenses;
113.29 	(5) for a person who no longer qualifies as an employed person with a disability due to 
113.30 	loss of earnings, assets allowed while eligible for medical assistance under section 256B.057, 
113.31 	subdivision 9, are not considered for 12 months, beginning with the first month of ineligibility 
113.32 	as an employed person with a disability, to the extent that the person's total assets remain 
113.33 	within the allowed limits of section 256B.057, subdivision 9, paragraph (d);
114.1 	(6) a designated employment incentives asset account is disregarded when determining 
114.2 	eligibility for medical assistance for a person age 65 years or older under section 256B.055, 
114.3 	subdivision 7. An employment incentives asset account must only be designated by a person 
114.4 	who has been enrolled in medical assistance under section 256B.057, subdivision 9, for a 
114.5 	24-consecutive-month period. A designated employment incentives asset account contains 
114.6 	qualified assets owned by the person and the person's spouse in the last month of enrollment 
114.7 	in medical assistance under section 256B.057, subdivision 9. Qualified assets include 
114.8 	retirement and pension accounts, medical expense accounts, and up to $17,000 of the person's 
114.9 	other nonexcluded assets. An employment incentives asset account is no longer designated 
114.10 	when a person loses medical assistance eligibility for a calendar month or more before 
114.11 	turning age 65. A person who loses medical assistance eligibility before age 65 can establish 
114.12 	a new designated employment incentives asset account by establishing a new 
114.13 	24-consecutive-month period of enrollment under section 256B.057, subdivision 9. The 
114.14 	income of a spouse of a person enrolled in medical assistance under section 256B.057, 
114.15 	subdivision 9, during each of the 24 consecutive months before the person's 65th birthday 
114.16 	must be disregarded when determining eligibility for medical assistance under section 
114.17 	256B.055, subdivision 7. Persons eligible under this clause are not subject to the provisions 
114.18 	in section 256B.059; and
114.19 	(7) effective July 1, 2009, certain assets owned by American Indians are excluded as 
114.20 	required by section 5006 of the American Recovery and Reinvestment Act of 2009, Public 
114.21 	Law 111-5. For purposes of this clause, an American Indian is any person who meets the 
114.22 	definition of Indian according to Code of Federal Regulations, title 42, section 447.50.; and
114.23 	(8) for individuals who were enrolled in medical assistance during the COVID-19 federal 
114.24 	public health emergency declared by the United States Secretary of Health and Human 
114.25 	Services and who are subject to the asset limits established by this subdivision, assets in 
114.26 	excess of the limits shall be disregarded until 95 days after the individual's first renewal 
114.27 	occurring after the expiration of the COVID-19 federal public health emergency declared 
114.28 	by the United States Secretary of Health and Human Services.
114.29 	(b) No asset limit shall apply to persons eligible under section 256B.055, subdivision 
114.30 	15.

114.31 	EFFECTIVE DATE. This section is effective July 1, 2022, or upon federal approval, 
114.32 	whichever is later. The commissioner of human services shall notify the revisor of statutes 
114.33 	when federal approval is obtained.

115.1 	Sec. 3. Minnesota Statutes 2020, section 256B.056, subdivision 7, is amended to read:
115.2 		Subd. 7.Period of eligibility. (a) Eligibility is available for the month of application 
115.3 	and for three months prior to application if the person was eligible in those prior months. 
115.4 	A redetermination of eligibility must occur every 12 months.
115.5 	(b) For a person eligible for an insurance affordability program as defined in section 
115.6 	256B.02, subdivision 19, who reports a change that makes the person eligible for medical 
115.7 	assistance, eligibility is available for the month the change was reported and for three months 
115.8 	prior to the month the change was reported, if the person was eligible in those prior months.
115.9 	(c) Once determined eligible for medical assistance, a child under the age of 21 shall be 
115.10 	continuously eligible for a period of up to 12 months, unless:
115.11 	(1) the child reaches age 21;
115.12 	(2) the child requests voluntary termination of coverage;
115.13 	(3) the child ceases to be a resident of Minnesota;
115.14 	(4) the child dies; or
115.15 	(5) the agency determines the child's eligibility was erroneously granted due to agency 
115.16 	error or enrollee fraud, abuse, or perjury.

115.17 	EFFECTIVE DATE. This section is effective January 1, 2023, or upon federal approval, 
115.18 	whichever is later. The commissioner of human services shall notify the revisor of statutes 
115.19 	when federal approval is obtained.

115.20 	Sec. 4. Minnesota Statutes 2020, section 256B.0625, subdivision 28b, is amended to read:
115.21 		Subd. 28b.Doula services. Medical assistance covers doula services provided by a 
115.22 	certified doula as defined in section 148.995, subdivision 2, of the mother's choice. For 
115.23 	purposes of this section, "doula services" means childbirth education and support services, 
115.24 	including emotional and physical support provided during pregnancy, labor, birth, and 
115.25 	postpartum. The commissioner shall enroll doula agencies and individual treating doulas 
115.26 	in order to provide direct reimbursement.

115.27 	EFFECTIVE DATE. This section is effective January 1, 2024, subject to federal 
115.28 	approval. The commissioner of human services shall notify the revisor of statutes when 
115.29 	federal approval is obtained.

116.1 	Sec. 5. Minnesota Statutes 2021 Supplement, section 256B.0625, subdivision 30, is 
116.2 	amended to read:
116.3 		Subd. 30.Other clinic services. (a) Medical assistance covers rural health clinic services, 
116.4 	federally qualified health center services, nonprofit community health clinic services, and 
116.5 	public health clinic services. Rural health clinic services and federally qualified health center 
116.6 	services mean services defined in United States Code, title 42, section 1396d(a)(2)(B) and 
116.7 	(C). Payment for rural health clinic and federally qualified health center services shall be 
116.8 	made according to applicable federal law and regulation.
116.9 	(b) A federally qualified health center (FQHC) that is beginning initial operation shall 
116.10 	submit an estimate of budgeted costs and visits for the initial reporting period in the form 
116.11 	and detail required by the commissioner. An FQHC that is already in operation shall submit 
116.12 	an initial report using actual costs and visits for the initial reporting period. Within 90 days 
116.13 	of the end of its reporting period, an FQHC shall submit, in the form and detail required by 
116.14 	the commissioner, a report of its operations, including allowable costs actually incurred for 
116.15 	the period and the actual number of visits for services furnished during the period, and other 
116.16 	information required by the commissioner. FQHCs that file Medicare cost reports shall 
116.17 	provide the commissioner with a copy of the most recent Medicare cost report filed with 
116.18 	the Medicare program intermediary for the reporting year which support the costs claimed 
116.19 	on their cost report to the state.
116.20 	(c) In order to continue cost-based payment under the medical assistance program 
116.21 	according to paragraphs (a) and (b), an FQHC or rural health clinic must apply for designation 
116.22 	as an essential community provider within six months of final adoption of rules by the 
116.23 	Department of Health according to section 62Q.19, subdivision 7. For those FQHCs and 
116.24 	rural health clinics that have applied for essential community provider status within the 
116.25 	six-month time prescribed, medical assistance payments will continue to be made according 
116.26 	to paragraphs (a) and (b) for the first three years after application. For FQHCs and rural 
116.27 	health clinics that either do not apply within the time specified above or who have had 
116.28 	essential community provider status for three years, medical assistance payments for health 
116.29 	services provided by these entities shall be according to the same rates and conditions 
116.30 	applicable to the same service provided by health care providers that are not FQHCs or rural 
116.31 	health clinics.
116.32 	(d) Effective July 1, 1999, the provisions of paragraph (c) requiring an FQHC or a rural 
116.33 	health clinic to make application for an essential community provider designation in order 
116.34 	to have cost-based payments made according to paragraphs (a) and (b) no longer apply.
117.1 	(e) Effective January 1, 2000, payments made according to paragraphs (a) and (b) shall 
117.2 	be limited to the cost phase-out schedule of the Balanced Budget Act of 1997.
117.3 	(f) Effective January 1, 2001, through December 31, 2020, each FQHC and rural health 
117.4 	clinic may elect to be paid either under the prospective payment system established in United 
117.5 	States Code, title 42, section 1396a(aa), or under an alternative payment methodology 
117.6 	consistent with the requirements of United States Code, title 42, section 1396a(aa), and 
117.7 	approved by the Centers for Medicare and Medicaid Services. The alternative payment 
117.8 	methodology shall be 100 percent of cost as determined according to Medicare cost 
117.9 	principles.
117.10 	(g) Effective for services provided on or after January 1, 2021, all claims for payment 
117.11 	of clinic services provided by FQHCs and rural health clinics shall be paid by the 
117.12 	commissioner, according to an annual election by the FQHC or rural health clinic, under 
117.13 	the current prospective payment system described in paragraph (f) or the alternative payment 
117.14 	methodology described in paragraph (l).
117.15 	(h) For purposes of this section, "nonprofit community clinic" is a clinic that:
117.16 	(1) has nonprofit status as specified in chapter 317A;
117.17 	(2) has tax exempt status as provided in Internal Revenue Code, section 501(c)(3);
117.18 	(3) is established to provide health services to low-income population groups, uninsured, 
117.19 	high-risk and special needs populations, underserved and other special needs populations;
117.20 	(4) employs professional staff at least one-half of which are familiar with the cultural 
117.21 	background of their clients;
117.22 	(5) charges for services on a sliding fee scale designed to provide assistance to 
117.23 	low-income clients based on current poverty income guidelines and family size; and
117.24 	(6) does not restrict access or services because of a client's financial limitations or public 
117.25 	assistance status and provides no-cost care as needed.
117.26 	(i) Effective for services provided on or after January 1, 2015, all claims for payment 
117.27 	of clinic services provided by FQHCs and rural health clinics shall be paid by the 
117.28 	commissioner. the commissioner shall determine the most feasible method for paying claims 
117.29 	from the following options:
117.30 	(1) FQHCs and rural health clinics submit claims directly to the commissioner for 
117.31 	payment, and the commissioner provides claims information for recipients enrolled in a 
117.32 	managed care or county-based purchasing plan to the plan, on a regular basis; or
118.1 	(2) FQHCs and rural health clinics submit claims for recipients enrolled in a managed 
118.2 	care or county-based purchasing plan to the plan, and those claims are submitted by the 
118.3 	plan to the commissioner for payment to the clinic.
118.4 	(j) For clinic services provided prior to January 1, 2015, the commissioner shall calculate 
118.5 	and pay monthly the proposed managed care supplemental payments to clinics, and clinics 
118.6 	shall conduct a timely review of the payment calculation data in order to finalize all 
118.7 	supplemental payments in accordance with federal law. Any issues arising from a clinic's 
118.8 	review must be reported to the commissioner by January 1, 2017. Upon final agreement 
118.9 	between the commissioner and a clinic on issues identified under this subdivision, and in 
118.10 	accordance with United States Code, title 42, section 1396a(bb), no supplemental payments 
118.11 	for managed care plan or county-based purchasing plan claims for services provided prior 
118.12 	to January 1, 2015, shall be made after June 30, 2017. If the commissioner and clinics are 
118.13 	unable to resolve issues under this subdivision, the parties shall submit the dispute to the 
118.14 	arbitration process under section 14.57.
118.15 	(k) The commissioner shall seek a federal waiver, authorized under section 1115 of the 
118.16 	Social Security Act, to obtain federal financial participation at the 100 percent federal 
118.17 	matching percentage available to facilities of the Indian Health Service or tribal organization 
118.18 	in accordance with section 1905(b) of the Social Security Act for expenditures made to 
118.19 	organizations dually certified under Title V of the Indian Health Care Improvement Act, 
118.20 	Public Law 94-437, and as a federally qualified health center under paragraph (a) that 
118.21 	provides services to American Indian and Alaskan Native individuals eligible for services 
118.22 	under this subdivision.
118.23 	(l) All claims for payment of clinic services provided by FQHCs and rural health clinics, 
118.24 	that have elected to be paid under this paragraph, shall be paid by the commissioner according 
118.25 	to the following requirements:
118.26 	(1) the commissioner shall establish a single medical and single dental organization 
118.27 	encounter rate for each FQHC and rural health clinic when applicable;
118.28 	(2) each FQHC and rural health clinic is eligible for same day reimbursement of one 
118.29 	medical and one dental organization encounter rate if eligible medical and dental visits are 
118.30 	provided on the same day;
118.31 	(3) the commissioner shall reimburse FQHCs and rural health clinics, in accordance 
118.32 	with current applicable Medicare cost principles, their allowable costs, including direct 
118.33 	patient care costs and patient-related support services. Nonallowable costs include, but are 
118.34 	not limited to:
119.1 	(i) general social services and administrative costs;
119.2 	(ii) retail pharmacy;
119.3 	(iii) patient incentives, food, housing assistance, and utility assistance;
119.4 	(iv) external lab and x-ray;
119.5 	(v) navigation services;
119.6 	(vi) health care taxes;
119.7 	(vii) advertising, public relations, and marketing;
119.8 	(viii) office entertainment costs, food, alcohol, and gifts;
119.9 	(ix) contributions and donations;
119.10 	(x) bad debts or losses on awards or contracts;
119.11 	(xi) fines, penalties, damages, or other settlements;
119.12 	(xii) fund-raising, investment management, and associated administrative costs;
119.13 	(xiii) research and associated administrative costs;
119.14 	(xiv) nonpaid workers;
119.15 	(xv) lobbying;
119.16 	(xvi) scholarships and student aid; and
119.17 	(xvii) nonmedical assistance covered services;
119.18 	(4) the commissioner shall review the list of nonallowable costs in the years between 
119.19 	the rebasing process established in clause (5), in consultation with the Minnesota Association 
119.20 	of Community Health Centers, FQHCs, and rural health clinics. The commissioner shall 
119.21 	publish the list and any updates in the Minnesota health care programs provider manual;
119.22 	(5) the initial applicable base year organization encounter rates for FQHCs and rural 
119.23 	health clinics shall be computed for services delivered on or after January 1, 2021, and:
119.24 	(i) must be determined using each FQHC's and rural health clinic's Medicare cost reports 
119.25 	from 2017 and 2018;
119.26 	(ii) must be according to current applicable Medicare cost principles as applicable to 
119.27 	FQHCs and rural health clinics without the application of productivity screens and upper 
119.28 	payment limits or the Medicare prospective payment system FQHC aggregate mean upper 
119.29 	payment limit;
120.1 	(iii) must be subsequently rebased every two years thereafter using the Medicare cost 
120.2 	reports that are three and four years prior to the rebasing year. Years in which organizational 
120.3 	cost or claims volume is reduced or altered due to a pandemic, disease, or other public health 
120.4 	emergency shall not be used as part of a base year when the base year includes more than 
120.5 	one year. The commissioner may use the Medicare cost reports of a year unaffected by a 
120.6 	pandemic, disease, or other public health emergency, or previous two consecutive years, 
120.7 	inflated to the base year as established under item (iv);
120.8 	(iv) must be inflated to the base year using the inflation factor described in clause (6); 
120.9 	and
120.10 	(v) the commissioner must provide for a 60-day appeals process under section 14.57;
120.11 	(6) the commissioner shall annually inflate the applicable organization encounter rates 
120.12 	for FQHCs and rural health clinics from the base year payment rate to the effective date by 
120.13 	using the CMS FQHC Market Basket inflator established under United States Code, title 
120.14 	42, section 1395m(o), less productivity;
120.15 	(7) FQHCs and rural health clinics that have elected the alternative payment methodology 
120.16 	under this paragraph shall submit all necessary documentation required by the commissioner 
120.17 	to compute the rebased organization encounter rates no later than six months following the 
120.18 	date the applicable Medicare cost reports are due to the Centers for Medicare and Medicaid 
120.19 	Services;
120.20 	(8) the commissioner shall reimburse FQHCs and rural health clinics an additional 
120.21 	amount relative to their medical and dental organization encounter rates that is attributable 
120.22 	to the tax required to be paid according to section 295.52, if applicable;
120.23 	(9) FQHCs and rural health clinics may submit change of scope requests to the 
120.24 	commissioner if the change of scope would result in an increase or decrease of 2.5 percent 
120.25 	or higher in the medical or dental organization encounter rate currently received by the 
120.26 	FQHC or rural health clinic;
120.27 	(10) for FQHCs and rural health clinics seeking a change in scope with the commissioner 
120.28 	under clause (9) that requires the approval of the scope change by the federal Health 
120.29 	Resources Services Administration:
120.30 	(i) FQHCs and rural health clinics shall submit the change of scope request, including 
120.31 	the start date of services, to the commissioner within seven business days of submission of 
120.32 	the scope change to the federal Health Resources Services Administration;
121.1 	(ii) the commissioner shall establish the effective date of the payment change as the 
121.2 	federal Health Resources Services Administration date of approval of the FQHC's or rural 
121.3 	health clinic's scope change request, or the effective start date of services, whichever is 
121.4 	later; and
121.5 	(iii) within 45 days of one year after the effective date established in item (ii), the 
121.6 	commissioner shall conduct a retroactive review to determine if the actual costs established 
121.7 	under clause (3) or encounters result in an increase or decrease of 2.5 percent or higher in 
121.8 	the medical or dental organization encounter rate, and if this is the case, the commissioner 
121.9 	shall revise the rate accordingly and shall adjust payments retrospectively to the effective 
121.10 	date established in item (ii);
121.11 	(11) for change of scope requests that do not require federal Health Resources Services 
121.12 	Administration approval, the FQHC and rural health clinic shall submit the request to the 
121.13 	commissioner before implementing the change, and the effective date of the change is the 
121.14 	date the commissioner received the FQHC's or rural health clinic's request, or the effective 
121.15 	start date of the service, whichever is later. The commissioner shall provide a response to 
121.16 	the FQHC's or rural health clinic's request within 45 days of submission and provide a final 
121.17 	approval within 120 days of submission. This timeline may be waived at the mutual 
121.18 	agreement of the commissioner and the FQHC or rural health clinic if more information is 
121.19 	needed to evaluate the request;
121.20 	(12) the commissioner, when establishing organization encounter rates for new FQHCs 
121.21 	and rural health clinics, shall consider the patient caseload of existing FQHCs and rural 
121.22 	health clinics in a 60-mile radius for organizations established outside of the seven-county 
121.23 	metropolitan area, and in a 30-mile radius for organizations in the seven-county metropolitan 
121.24 	area. If this information is not available, the commissioner may use Medicare cost reports 
121.25 	or audited financial statements to establish base rates;
121.26 	(13) the commissioner shall establish a quality measures workgroup that includes 
121.27 	representatives from the Minnesota Association of Community Health Centers, FQHCs, 
121.28 	and rural health clinics, to evaluate clinical and nonclinical measures; and
121.29 	(14) the commissioner shall not disallow or reduce costs that are related to an FQHC's 
121.30 	or rural health clinic's participation in health care educational programs to the extent that 
121.31 	the costs are not accounted for in the alternative payment methodology encounter rate 
121.32 	established in this paragraph.
121.33 	(m) Effective July 1, 2022, an enrolled Indian Health Service facility or a Tribal health 
121.34 	center operating under a 638 contract or compact may elect to also enroll as a Tribal FQHC.  
122.1 	No requirements that otherwise apply to FQHCs covered in this subdivision shall apply to 
122.2 	Tribal FQHCs enrolled under this paragraph, except those necessary to comply with federal 
122.3 	regulations.  The commissioner shall establish an alternative payment method for Tribal 
122.4 	FQHCs enrolled under this paragraph that uses the same method and rates applicable to a 
122.5 	Tribal facility or health center that does not enroll as a Tribal FQHC.

122.6 	Sec. 6. Minnesota Statutes 2020, section 256B.0625, subdivision 64, is amended to read:
122.7 		Subd. 64.Investigational drugs, biological products, devices, and clinical 
122.8 	trials.  Medical assistance and the early periodic screening, diagnosis, and treatment (EPSDT) 
122.9 	program do not cover the costs of any services that are incidental to, associated with, or 
122.10 	resulting from the use of investigational drugs, biological products, or devices as defined 
122.11 	in section 151.375 or any other treatment that is part of an approved clinical trial as defined 
122.12 	in section 62Q.526. Participation of an enrollee in an approved clinical trial does not preclude 
122.13 	coverage of medically necessary services covered under this chapter that are not related to 
122.14 	the approved clinical trial. Any items purchased or services rendered solely to satisfy data 
122.15 	collection and analysis for a clinical trial and not for direct clinical management of the 
122.16 	member are not covered.

122.17 	Sec. 7. [256B.161] CLIENT ERROR OVERPAYMENT.
122.18 		Subdivision 1.Scope. (a) Subject to federal law and regulation, when a local agency or 
122.19 	the Department of Human Services determines a person under section 256.98, subdivision 
122.20 	4, is liable for recovery of medical assistance incorrectly paid as a  result of client error or 
122.21 	when a recipient or former recipient receives medical assistance while an appeal is pending 
122.22 	pursuant to section 256.045, subdivision 10, and the recipient or former recipient is later 
122.23 	determined to have been ineligible for the medical assistance received or for less medical 
122.24 	assistance than was received during the pendency of the appeal, the local agency or the 
122.25 	Department of Human Services must:
122.26 	(1) determine the eligibility months during which medical assistance was incorrectly 
122.27 	paid;
122.28 	(2) redetermine eligibility for the incorrectly paid months using department policies and 
122.29 	procedures that were in effect during each eligibility month that was incorrectly paid; and
122.30 	(3) assess an overpayment against persons liable for recovery under section 256.98, 
122.31 	subdivision 4, for the amount of incorrectly paid medical assistance pursuant to section 
122.32 	256.98, subdivision 3.
123.1 	(b) Notwithstanding section 256.98, subdivision 4, medical assistance incorrectly paid 
123.2 	to a recipient as a result of client error when the recipient is under 21 years of age is not 
123.3 	recoverable from the recipient or recipient's estate. This section does not prohibit the state 
123.4 	agency from:
123.5 	(1) receiving payment from a trust pursuant to United States Code, title 42, section 
123.6 	1396p(d)(4)(A) or (C), for medical assistance paid on behalf of the trust beneficiary for 
123.7 	services received at any age; or
123.8 	(2) claiming against the designated beneficiary of an Achieving a Better Life Experience 
123.9 	(ABLE) account or the ABLE account itself pursuant to Code of Federal Regulations, title 
123.10 	26, section 1.529A-2(o), for the amount of the total medical assistance paid for the designated 
123.11 	beneficiary at any age after establishment of the ABLE account.
123.12 		Subd. 2.Recovering client error overpayment. (a) The local agency or the Department 
123.13 	of Human Services must not attempt recovery of the overpayment amount pursuant to 
123.14 	chapter 270A or section 256.0471 when a person liable for a client error overpayment under 
123.15 	section 256.98, subdivision 4, voluntarily repays the overpayment amount or establishes a 
123.16 	payment plan in writing with the local agency or the Department of Human Services to 
123.17 	repay the overpayment amount within 90 days after receiving the overpayment notice or 
123.18 	after resolution of a fair hearing regarding the overpayment under section 256.045, whichever 
123.19 	is later. When a liable person agrees to a payment plan in writing with the local agency or 
123.20 	the Department of Human Services but has not repaid any amount six months after entering 
123.21 	the agreement, the local agency or Department of Human Services must pursue recovery 
123.22 	under paragraph (b).
123.23 	(b) If the liable person does not voluntarily repay the overpayment amount or establish 
123.24 	a repayment agreement under paragraph (a), the local agency or the Department of Human 
123.25 	Services must attempt recovery of the overpayment amount pursuant to chapter 270A when 
123.26 	the overpayment amount is eligible for recovery as a public assistance debt under chapter 
123.27 	270A. For any overpaid amount of solely state-funded medical assistance, the local agency 
123.28 	or the Department of Human Services must attempt recovery pursuant to section 256.0471.
123.29 		Subd. 3.Writing off client error overpayment. A local agency or the Department of 
123.30 	Human Services must not attempt to recover a client error overpayment of less than $350, 
123.31 	unless the overpayment is for medical assistance received pursuant to section 256.045, 
123.32 	subdivision 10, during the pendency of an appeal or unless the recovery is from the recipient's 
123.33 	estate or the estate of the recipient's surviving spouse. A local agency or the Department of 
123.34 	Human Services may write off any remaining balance of a client error overpayment when 
124.1 	the overpayment has not been repaid five years after the effective date of the overpayment 
124.2 	and the local agency or the Department of Human Services determines it is no longer cost 
124.3 	effective to attempt recovery of the remaining balance.

124.4 	Sec. 8. Minnesota Statutes 2020, section 256B.76, subdivision 1, is amended to read:
124.5 		Subdivision 1.Physician reimbursement.  (a) Effective for services rendered on or after 
124.6 	October 1, 1992, the commissioner shall make payments for physician services as follows:
124.7 	(1) payment for level one Centers for Medicare and Medicaid Services' common 
124.8 	procedural coding system codes titled "office and other outpatient services," "preventive 
124.9 	medicine new and established patient," "delivery, antepartum, and postpartum care," "critical 
124.10 	care," cesarean delivery and pharmacologic management provided to psychiatric patients, 
124.11 	and level three codes for enhanced services for prenatal high risk, shall be paid at the lower 
124.12 	of (i) submitted charges, or (ii) 25 percent above the rate in effect on June 30, 1992;
124.13 	(2) payments for all other services shall be paid at the lower of (i) submitted charges, 
124.14 	or (ii) 15.4 percent above the rate in effect on June 30, 1992; and
124.15 	(3) all physician rates shall be converted from the 50th percentile of 1982 to the 50th 
124.16 	percentile of 1989, less the percent in aggregate necessary to equal the above increases 
124.17 	except that payment rates for home health agency services shall be the rates in effect on 
124.18 	September 30, 1992.
124.19 	(b) Effective for services rendered on or after January 1, 2000, payment rates for physician 
124.20 	and professional services shall be increased by three percent over the rates in effect on 
124.21 	December 31, 1999, except for home health agency and family planning agency services. 
124.22 	The increases in this paragraph shall be implemented January 1, 2000, for managed care.
124.23 	(c) Effective for services rendered on or after July 1, 2009, payment rates for physician 
124.24 	and professional services shall be reduced by five percent, except that for the period July 
124.25 	1, 2009, through June 30, 2010, payment rates shall be reduced by 6.5 percent for the medical 
124.26 	assistance and general assistance medical care programs, over the rates in effect on June 
124.27 	30, 2009. This reduction and the reductions in paragraph (d) do not apply to office or other 
124.28 	outpatient visits, preventive medicine visits and family planning visits billed by physicians, 
124.29 	advanced practice nurses, or physician assistants in a family planning agency or in one of 
124.30 	the following primary care practices: general practice, general internal medicine, general 
124.31 	pediatrics, general geriatrics, and family medicine. This reduction and the reductions in 
124.32 	paragraph (d) do not apply to federally qualified health centers, rural health centers, and 
124.33 	Indian health services. Effective October 1, 2009, payments made to managed care plans 
125.1 	and county-based purchasing plans under sections 256B.69, 256B.692, and 256L.12 shall 
125.2 	reflect the payment reduction described in this paragraph.
125.3 	(d) Effective for services rendered on or after July 1, 2010, payment rates for physician 
125.4 	and professional services shall be reduced an additional seven percent over the five percent 
125.5 	reduction in rates described in paragraph (c). This additional reduction does not apply to 
125.6 	physical therapy services, occupational therapy services, and speech pathology and related 
125.7 	services provided on or after July 1, 2010. This additional reduction does not apply to 
125.8 	physician services billed by a psychiatrist or an advanced practice nurse with a specialty in 
125.9 	mental health. Effective October 1, 2010, payments made to managed care plans and 
125.10 	county-based purchasing plans under sections 256B.69, 256B.692, and 256L.12 shall reflect 
125.11 	the payment reduction described in this paragraph.
125.12 	(e) Effective for services rendered on or after September 1, 2011, through June 30, 2013, 
125.13 	payment rates for physician and professional services shall be reduced three percent from 
125.14 	the rates in effect on August 31, 2011. This reduction does not apply to physical therapy 
125.15 	services, occupational therapy services, and speech pathology and related services.
125.16 	(f) Effective for services rendered on or after September 1, 2014, payment rates for 
125.17 	physician and professional services, including physical therapy, occupational therapy, speech 
125.18 	pathology, and mental health services shall be increased by five percent from the rates in 
125.19 	effect on August 31, 2014. In calculating this rate increase, the commissioner shall not 
125.20 	include in the base rate for August 31, 2014, the rate increase provided under section 
125.21 	256B.76, subdivision 7. This increase does not apply to federally qualified health centers, 
125.22 	rural health centers, and Indian health services. Payments made to managed care plans and 
125.23 	county-based purchasing plans shall not be adjusted to reflect payments under this paragraph.
125.24 	(g) Effective for services rendered on or after July 1, 2015, payment rates for physical 
125.25 	therapy, occupational therapy, and speech pathology and related services provided by a 
125.26 	hospital meeting the criteria specified in section 62Q.19, subdivision 1, paragraph (a), clause 
125.27 	(4), shall be increased by 90 percent from the rates in effect on June 30, 2015. Payments 
125.28 	made to managed care plans and county-based purchasing plans shall not be adjusted to 
125.29 	reflect payments under this paragraph.
125.30 	(h) Any ratables effective before July 1, 2015, do not apply to early intensive 
125.31 	developmental and behavioral intervention (EIDBI) benefits described in section 256B.0949.
125.32 	(i) Medical assistance may reimburse for the cost incurred to pay the Department of 
125.33 	Health for metabolic disorder testing of newborns who are medical assistance recipients 
125.34 	when the sample is collected outside of an inpatient hospital setting or freestanding birth 
126.1 	center setting because the newborn was born outside of a hospital or freestanding birth 
126.2 	center or because it is not medically appropriate to collect the sample during the inpatient 
126.3 	stay for the birth.

126.4 	Sec. 9. Minnesota Statutes 2020, section 256L.04, subdivision 10, is amended to read:
126.5 		Subd. 10.Citizenship requirements. (a) Eligibility for MinnesotaCare is limited to 
126.6 	citizens or nationals of the United States and lawfully present noncitizens as defined in 
126.7 	Code of Federal Regulations, title 8, section 103.12. Undocumented noncitizens, with the 
126.8 	exception of children under age 19, are ineligible for MinnesotaCare. For purposes of this 
126.9 	subdivision, an undocumented noncitizen is an individual who resides in the United States 
126.10 	without the approval or acquiescence of the United States Citizenship and Immigration 
126.11 	Services. Families with children who are citizens or nationals of the United States must 
126.12 	cooperate in obtaining satisfactory documentary evidence of citizenship or nationality 
126.13 	according to the requirements of the federal Deficit Reduction Act of 2005, Public Law 
126.14 	109-171.
126.15 	(b) Notwithstanding subdivisions 1 and 7, eligible persons include families and 
126.16 	individuals who are lawfully present and ineligible for medical assistance by reason of 
126.17 	immigration status and who have incomes equal to or less than 200 percent of federal poverty 
126.18 	guidelines.

126.19 	EFFECTIVE DATE. This section is effective January 1, 2024.

126.20 	Sec. 10. [256L.181] CLIENT ERROR OVERPAYMENT.
126.21 		Subdivision 1.Scope. (a) Subject to federal law and regulation, when a local agency or 
126.22 	the Department of Human Services determines a person under section 256.98, subdivision 
126.23 	4, is liable for recovery of medical assistance incorrectly paid as a  result of client error or 
126.24 	when a recipient or former recipient receives medical assistance while an appeal is pending 
126.25 	pursuant to section 256.045, subdivision 10, and the recipient or former recipient is later 
126.26 	determined to have been ineligible for the medical assistance received or for less medical 
126.27 	assistance than was received during the pendency of the appeal, the local agency or the 
126.28 	Department of Human Services must:
126.29 	(1) determine the eligibility months during which medical assistance was incorrectly 
126.30 	paid;
126.31 	(2) redetermine eligibility for the incorrectly paid months using department policies and 
126.32 	procedures that were in effect during each eligibility month that was incorrectly paid; and
127.1 	(3) assess an overpayment against persons liable for recovery under section 256.98, 
127.2 	subdivision 4, for the amount of incorrectly paid medical assistance pursuant to section 
127.3 	256.98, subdivision 3.
127.4 	(b) Notwithstanding section 256.98, subdivision 4, medical assistance incorrectly paid 
127.5 	to a recipient as a result of client error when the recipient is under 21 years of age is not 
127.6 	recoverable from the recipient or recipient's estate. This section does not prohibit the state 
127.7 	agency from:
127.8 	(1) receiving payment from a trust pursuant to United States Code, title 42, section 
127.9 	1396p(d)(4)(A) or (C), for medical assistance paid on behalf of the trust beneficiary for 
127.10 	services received at any age; or
127.11 	(2) claiming against the designated beneficiary of an Achieving a Better Life Experience 
127.12 	(ABLE) account or the ABLE account itself pursuant to Code of Federal Regulations, title 
127.13 	26, section 1.529A-2(o), for the amount of the total medical assistance paid for the designated 
127.14 	beneficiary at any age after establishment of the ABLE account.
127.15 		Subd. 2.Recovering client error overpayment. (a) The local agency or the Department 
127.16 	of Human Services must not attempt recovery of the overpayment amount pursuant to 
127.17 	chapter 270A or section 256.0471 when a person liable for a client error overpayment under 
127.18 	section 256.98, subdivision 4, voluntarily repays the overpayment amount or establishes a 
127.19 	payment plan in writing with the local agency or the Department of Human Services to 
127.20 	repay the overpayment amount within 90 days after receiving the overpayment notice or 
127.21 	after resolution of a fair hearing regarding the overpayment under section 256.045, whichever 
127.22 	is later. When a liable person agrees to a payment plan in writing with the local agency or 
127.23 	the Department of Human Services but has not repaid any amount six months after entering 
127.24 	the agreement, the local agency or Department of Human Services must pursue recovery 
127.25 	under paragraph (b).
127.26 	(b) If the liable person does not voluntarily repay the overpayment amount or establish 
127.27 	a repayment agreement under paragraph (a), the local agency or the Department of Human 
127.28 	Services must attempt recovery of the overpayment amount pursuant to chapter 270A when 
127.29 	the overpayment amount is eligible for recovery as a public assistance debt under chapter 
127.30 	270A. For any overpaid amount of solely state-funded medical assistance, the local agency 
127.31 	or the Department of Human Services must attempt recovery pursuant to section 256.0471.
127.32 		Subd. 3.Writing off client error overpayment. A local agency or the Department of 
127.33 	Human Services must not attempt to recover a client error overpayment of less than $350, 
127.34 	unless the overpayment is for medical assistance received pursuant to section 256.045, 
128.1 	subdivision 10, during the pendency of an appeal or unless the recovery is from the recipient's 
128.2 	estate or the estate of the recipient's surviving spouse. A local agency or the Department of 
128.3 	Human Services may write off any remaining balance of a client error overpayment when 
128.4 	the overpayment has not been repaid five years after the effective date of the overpayment 
128.5 	and the local agency or the Department of Human Services determines it is no longer cost 
128.6 	effective to attempt recovery of the remaining balance.

128.7 	Sec. 11. Laws 2015, chapter 71, article 14, section 2, subdivision 5, as amended by Laws 
128.8 	2015, First Special Session chapter 6, section 1, is amended to read:

128.9	Subd. 5.Grant Programs
 					
128.10 	The amounts that may be spent from this 
128.11 	appropriation for each purpose are as follows:

128.12	(a) Support Services Grants

128.13	Appropriations by Fund
	
128.14	General
	13,133,000
	8,715,000
	
128.15	Federal TANF
	96,311,000
	96,311,000

128.16
128.17	(b) Basic Sliding Fee Child Care Assistance 
Grants
		48,439,000
		51,559,000
	
128.18 	Basic Sliding Fee Waiting List Allocation. 
128.19 	Notwithstanding Minnesota Statutes, section 
128.20 	119B.03, $5,413,000 in fiscal year 2016 is to 
128.21 	reduce the basic sliding fee program waiting 
128.22 	list as follows:
128.23 	(1) The calendar year 2016 allocation shall be 
128.24 	increased to serve families on the waiting list. 
128.25 	To receive funds appropriated for this purpose, 
128.26 	a county must have:
128.27 	(i) a waiting list in the most recent published 
128.28 	waiting list month;
128.29 	(ii) an average of at least ten families on the 
128.30 	most recent six months of published waiting 
128.31 	list; and
129.1 	(iii) total expenditures in calendar year 2014 
129.2 	that met or exceeded 80 percent of the county's 
129.3 	available final allocation.
129.4 	(2) Funds shall be distributed proportionately 
129.5 	based on the average of the most recent six 
129.6 	months of published waiting lists to counties 
129.7 	that meet the criteria in clause (1).
129.8 	(3) Allocations in calendar years 2017 and 
129.9 	beyond shall be calculated using the allocation 
129.10 	formula in Minnesota Statutes, section 
129.11 	119B.03.
129.12 	(4) The guaranteed floor for calendar year 
129.13 	2017 shall be based on the revised calendar 
129.14 	year 2016 allocation.
129.15 	Base Level Adjustment. The general fund 
129.16 	base is increased by $810,000 in fiscal year 
129.17 	2018 and increased by $821,000 in fiscal year 
129.18 	2019.

129.19	(c) Child Care Development Grants
		1,737,000
		1,737,000

129.20	(d) Child Support Enforcement Grants
		50,000
		50,000

129.21	(e) Children's Services Grants

129.22	Appropriations by Fund
	
129.23	General
	39,015,000
	38,665,000
	
129.24	Federal TANF
	140,000
	140,000
	
129.25 	Safe Place for Newborns. $350,000 from the 
129.26 	general fund in fiscal year 2016 is to distribute 
129.27 	information on the Safe Place for Newborns 
129.28 	law in Minnesota to increase public awareness 
129.29 	of the law. This is a onetime appropriation.
129.30 	Child Protection. $23,350,000 in fiscal year 
129.31 	2016 and $23,350,000 in fiscal year 2017 are 
129.32 	to address child protection staffing and 
129.33 	services under Minnesota Statutes, section 
130.1 	256M.41. $1,650,000 in fiscal year 2016 and 
130.2 	$1,650,000 in fiscal year 2017 are for child 
130.3 	protection grants to address child welfare 
130.4 	disparities under Minnesota Statutes, section 
130.5 	256E.28.
130.6 	Title IV-E Adoption Assistance. Additional 
130.7 	federal reimbursement to the state as a result 
130.8 	of the Fostering Connections to Success and 
130.9 	Increasing Adoptions Act's expanded 
130.10 	eligibility for title IV-E adoption assistance is 
130.11 	appropriated to the commissioner for 
130.12 	postadoption services, including a 
130.13 	parent-to-parent support network.
130.14 	Adoption Assistance Incentive Grants. 
130.15 	Federal funds available during fiscal years 
130.16 	2016 and 2017 for adoption incentive grants 
130.17 	are appropriated to the commissioner for 
130.18 	postadoption services, including a 
130.19 	parent-to-parent support network.

130.20	(f) Children and Community Service Grants
		56,301,000
		56,301,000

130.21	(g) Children and Economic Support Grants
		26,778,000
		26,966,000
	
130.22 	Mobile Food Shelf Grants. (a) $1,000,000 
130.23 	in fiscal year 2016 and $1,000,000 in fiscal 
130.24 	year 2017 are for a grant to Hunger Solutions. 
130.25 	This is a onetime appropriation and is 
130.26 	available until June 30, 2017.
130.27 	(b) Hunger Solutions shall award grants of up 
130.28 	to $75,000 on a competitive basis. Grant 
130.29 	applications must include:
130.30 	(1) the location of the project;
130.31 	(2) a description of the mobile program, 
130.32 	including size and scope;
131.1 	(3) evidence regarding the unserved or 
131.2 	underserved nature of the community in which 
131.3 	the project is to be located;
131.4 	(4) evidence of community support for the 
131.5 	project;
131.6 	(5) the total cost of the project;
131.7 	(6) the amount of the grant request and how 
131.8 	funds will be used;
131.9 	(7) sources of funding or in-kind contributions 
131.10 	for the project that will supplement any grant 
131.11 	award;
131.12 	(8) a commitment to mobile programs by the 
131.13 	applicant and an ongoing commitment to 
131.14 	maintain the mobile program; and
131.15 	(9) any additional information requested by 
131.16 	Hunger Solutions.
131.17 	(c) Priority may be given to applicants who:
131.18 	(1) serve underserved areas;
131.19 	(2) create a new or expand an existing mobile 
131.20 	program;
131.21 	(3) serve areas where a high amount of need 
131.22 	is identified;
131.23 	(4) provide evidence of strong support for the 
131.24 	project from citizens and other institutions in 
131.25 	the community;
131.26 	(5) leverage funding for the project from other 
131.27 	private and public sources; and
131.28 	(6) commit to maintaining the program on a 
131.29 	multilayer basis.
131.30 	Homeless Youth Act. At least $500,000 of 
131.31 	the appropriation for the Homeless Youth Act 
132.1 	must be awarded to providers in greater 
132.2 	Minnesota, with at least 25 percent of this 
132.3 	amount for new applicant providers. The 
132.4 	commissioner shall provide outreach and 
132.5 	technical assistance to greater Minnesota 
132.6 	providers and new providers to encourage 
132.7 	responding to the request for proposals.
132.8 	Stearns County Veterans Housing. $85,000 
132.9 	in fiscal year 2016 and $85,000 in fiscal year 
132.10 	2017 are for a grant to Stearns County to 
132.11 	provide administrative funding in support of 
132.12 	a service provider serving veterans in Stearns 
132.13 	County. The administrative funding grant may 
132.14 	be used to support group residential housing 
132.15 	services, corrections-related services, veteran 
132.16 	services, and other social services related to 
132.17 	the service provider serving veterans in 
132.18 	Stearns County.
132.19 	Safe Harbor. $800,000 in fiscal year 2016 
132.20 	and $800,000 in fiscal year 2017 are from the 
132.21 	general fund for emergency shelter and 
132.22 	transitional and long-term housing beds for 
132.23 	sexually exploited youth and youth at risk of 
132.24 	sexual exploitation. Of this appropriation, 
132.25 	$150,000 in fiscal year 2016 and $150,000 in 
132.26 	fiscal year 2017 are from the general fund for 
132.27 	statewide youth outreach workers connecting 
132.28 	sexually exploited youth and youth at risk of 
132.29 	sexual exploitation with shelter and services.
132.30 	Minnesota Food Assistance Program. 
132.31 	Unexpended funds for the Minnesota food 
132.32 	assistance program for fiscal year 2016 do not 
132.33 	cancel but are available for this purpose in 
132.34 	fiscal year 2017.
133.1 	Base Level Adjustment. The general fund 
133.2 	base is decreased by $816,000 in fiscal year 
133.3 	2018 and is decreased by $606,000 in fiscal 
133.4 	year 2019.

133.5	(h) Health Care Grants

133.6	Appropriations by Fund
	
133.7	General
	536,000
	2,482,000
	
133.8	Health Care Access
	3,341,000
	3,465,000
	
133.9 	Grants for Periodic Data Matching for 
133.10 	Medical Assistance and MinnesotaCare. Of 
133.11 	the general fund appropriation, $26,000 in 
133.12 	fiscal year 2016 and $1,276,000 in fiscal year 
133.13 	2017 are for grants to counties for costs related 
133.14 	to periodic data matching for medical 
133.15 	assistance and MinnesotaCare recipients under 
133.16 	Minnesota Statutes, section 256B.0561. The 
133.17 	commissioner must distribute these grants to 
133.18 	counties in proportion to each county's number 
133.19 	of cases in the prior year in the affected 
133.20 	programs.
133.21 	Base Level Adjustment. The general fund 
133.22 	base is increased by $1,637,000 in fiscal year 
133.23 	2018 and increased by $1,229,000 in fiscal 
133.24 	year 2019 maintained in fiscal years 2020 and 
133.25 	2021.

133.26	(i) Other Long-Term Care Grants
		1,551,000
		3,069,000
	
133.27 	Transition Populations. $1,551,000 in fiscal 
133.28 	year 2016 and $1,725,000 in fiscal year 2017 
133.29 	are for home and community-based services 
133.30 	transition grants to assist in providing home 
133.31 	and community-based services and treatment 
133.32 	for transition populations under Minnesota 
133.33 	Statutes, section 256.478.
134.1 	Base Level Adjustment. The general fund 
134.2 	base is increased by $156,000 in fiscal year 
134.3 	2018 and by $581,000 in fiscal year 2019.

134.4	(j) Aging and Adult Services Grants
		28,463,000
		28,162,000
	
134.5 	Dementia Grants. $750,000 in fiscal year 
134.6 	2016 and $750,000 in fiscal year 2017 are for 
134.7 	the Minnesota Board on Aging for regional 
134.8 	and local dementia grants authorized in 
134.9 	Minnesota Statutes, section 256.975, 
134.10 	subdivision 11.

134.11	(k) Deaf and Hard-of-Hearing Grants
		2,225,000
		2,375,000
	
134.12 	Deaf, Deafblind, and Hard-of-Hearing 
134.13 	Grants. $350,000 in fiscal year 2016 and 
134.14 	$500,000 in fiscal year 2017 are for deaf and 
134.15 	hard-of-hearing grants. The funds must be 
134.16 	used to increase the number of deafblind 
134.17 	Minnesotans receiving services under 
134.18 	Minnesota Statutes, section 256C.261, and to 
134.19 	provide linguistically and culturally 
134.20 	appropriate mental health services to children 
134.21 	who are deaf, deafblind, and hard-of-hearing. 
134.22 	This is a onetime appropriation.
134.23 	Base Level Adjustment. The general fund 
134.24 	base is decreased by $500,000 in fiscal year 
134.25 	2018 and by $500,000 in fiscal year 2019.

134.26	(l) Disabilities Grants
		20,820,000
		20,858,000
	
134.27 	State Quality Council. $573,000 in fiscal 
134.28 	year 2016 and $600,000 in fiscal year 2017 
134.29 	are for the State Quality Council to provide 
134.30 	technical assistance and monitoring of 
134.31 	person-centered outcomes related to inclusive 
134.32 	community living and employment. The 
134.33 	funding must be used by the State Quality 
134.34 	Council to assure a statewide plan for systems 
135.1 	change in person-centered planning that will 
135.2 	achieve desired outcomes including increased 
135.3 	integrated employment and community living.

135.4	(m) Adult Mental Health Grants

135.5	Appropriations by Fund
	
135.6	General
	69,992,000
	71,244,000
	
135.7	Health Care Access
	1,575,000
	2,473,000
	
135.8	Lottery Prize
	1,733,000
	1,733,000
	
135.9 	Funding Usage. Up to 75 percent of a fiscal 
135.10 	year's appropriation for adult mental health 
135.11 	grants may be used to fund allocations in that 
135.12 	portion of the fiscal year ending December 
135.13 	31.
135.14 	Culturally Specific Mental Health Services. 
135.15 	$100,000 in fiscal year 2016 is for grants to 
135.16 	nonprofit organizations to provide resources 
135.17 	and referrals for culturally specific mental 
135.18 	health services to Southeast Asian veterans 
135.19 	born before 1965 who do not qualify for 
135.20 	services available to veterans formally 
135.21 	discharged from the United States armed 
135.22 	forces.
135.23 	Problem Gambling. $225,000 in fiscal year 
135.24 	2016 and $225,000 in fiscal year 2017 are 
135.25 	from the lottery prize fund for a grant to the 
135.26 	state affiliate recognized by the National 
135.27 	Council on Problem Gambling. The affiliate 
135.28 	must provide services to increase public 
135.29 	awareness of problem gambling, education, 
135.30 	and training for individuals and organizations 
135.31 	providing effective treatment services to 
135.32 	problem gamblers and their families, and 
135.33 	research related to problem gambling.
136.1 	Sustainability Grants. $2,125,000 in fiscal 
136.2 	year 2016 and $2,125,000 in fiscal year 2017 
136.3 	are for sustainability grants under Minnesota 
136.4 	Statutes, section 256B.0622, subdivision 11.
136.5 	Beltrami County Mental Health Services 
136.6 	Grant. $1,000,000 in fiscal year 2016 and 
136.7 	$1,000,000 in fiscal year 2017 are from the 
136.8 	general fund for a grant to Beltrami County 
136.9 	to fund the planning and development of a 
136.10 	comprehensive mental health services program 
136.11 	under article 2, section 41, Comprehensive 
136.12 	Mental Health Program in Beltrami County. 
136.13 	This is a onetime appropriation.
136.14 	Base Level Adjustment. The general fund 
136.15 	base is increased by $723,000 in fiscal year 
136.16 	2018 and by $723,000 in fiscal year 2019. The 
136.17 	health care access fund base is decreased by 
136.18 	$1,723,000 in fiscal year 2018 and by 
136.19 	$1,723,000 in fiscal year 2019.

136.20	(n) Child Mental Health Grants
		23,386,000
		24,313,000
	
136.21 	Services and Supports for First Episode 
136.22 	Psychosis. $177,000 in fiscal year 2017 is for 
136.23 	grants under Minnesota Statutes, section 
136.24 	245.4889, to mental health providers to pilot 
136.25 	evidence-based interventions for youth at risk 
136.26 	of developing or experiencing a first episode 
136.27 	of psychosis and for a public awareness 
136.28 	campaign on the signs and symptoms of 
136.29 	psychosis. The base for these grants is 
136.30 	$236,000 in fiscal year 2018 and $301,000 in 
136.31 	fiscal year 2019.
136.32 	Adverse Childhood Experiences. The base 
136.33 	for grants under Minnesota Statutes, section 
136.34 	245.4889, to children's mental health and 
137.1 	family services collaboratives for adverse 
137.2 	childhood experiences (ACEs) training grants 
137.3 	and for an interactive Web site connection to 
137.4 	support ACEs in Minnesota is $363,000 in 
137.5 	fiscal year 2018 and $363,000 in fiscal year 
137.6 	2019.
137.7 	Funding Usage. Up to 75 percent of a fiscal 
137.8 	year's appropriation for child mental health 
137.9 	grants may be used to fund allocations in that 
137.10 	portion of the fiscal year ending December 
137.11 	31.
137.12 	Base Level Adjustment. The general fund 
137.13 	base is increased by $422,000 in fiscal year 
137.14 	2018 and is increased by $487,000 in fiscal 
137.15 	year 2019.

137.16
137.17	(o) Chemical Dependency Treatment Support 
Grants
		1,561,000
		1,561,000
	
137.18 	Chemical Dependency Prevention. $150,000 
137.19 	in fiscal year 2016 and $150,000 in fiscal year 
137.20 	2017 are for grants to nonprofit organizations 
137.21 	to provide chemical dependency prevention 
137.22 	programs in secondary schools. When making 
137.23 	grants, the commissioner must consider the 
137.24 	expertise, prior experience, and outcomes 
137.25 	achieved by applicants that have provided 
137.26 	prevention programming in secondary 
137.27 	education environments. An applicant for the 
137.28 	grant funds must provide verification to the 
137.29 	commissioner that the applicant has available 
137.30 	and will contribute sufficient funds to match 
137.31 	the grant given by the commissioner. This is 
137.32 	a onetime appropriation.
137.33 	Fetal Alcohol Syndrome Grants. $250,000 
137.34 	in fiscal year 2016 and $250,000 in fiscal year 
137.35 	2017 are for grants to be administered by the 
138.1 	Minnesota Organization on Fetal Alcohol 
138.2 	Syndrome to provide comprehensive, 
138.3 	gender-specific services to pregnant and 
138.4 	parenting women suspected of or known to 
138.5 	use or abuse alcohol or other drugs. This 
138.6 	appropriation is for grants to no fewer than 
138.7 	three eligible recipients. Minnesota 
138.8 	Organization on Fetal Alcohol Syndrome must 
138.9 	report to the commissioner of human services 
138.10 	annually by January 15 on the grants funded 
138.11 	by this appropriation. The report must include 
138.12 	measurable outcomes for the previous year, 
138.13 	including the number of pregnant women 
138.14 	served and the number of toxic-free babies 
138.15 	born.
138.16 	Base Level Adjustment. The general fund 
138.17 	base is decreased by $150,000 in fiscal year 
138.18 	2018 and by $150,000 in fiscal year 2019.

138.19 	Sec. 12. Laws 2020, First Special Session chapter 7, section 1, subdivision 1, as amended 
138.20 	by Laws 2021, First Special Session chapter 7, article 2, section 71, is amended to read:
138.21 		Subdivision 1.Waivers and modifications; federal funding extension. When the 
138.22 	peacetime emergency declared by the governor in response to the COVID-19 outbreak 
138.23 	expires, is terminated, or is rescinded by the proper authority, the following waivers and 
138.24 	modifications to human services programs issued by the commissioner of human services 
138.25 	pursuant to Executive Orders 20-11 and 20-12 that are required to comply with federal law 
138.26 	may remain in effect for the time period set out in applicable federal law or for the time 
138.27 	period set out in any applicable federally approved waiver or state plan amendment, 
138.28 	whichever is later:
138.29 	(1) CV15: allowing telephone or video visits for waiver programs;
138.30 	(2) CV17: preserving health care coverage for Medical Assistance and MinnesotaCare
138.31 	as needed to comply with federal guidance from the Centers for Medicare and Medicaid 
138.32 	Services, and until the enrollee's first renewal following the resumption of medical assistance 
138.33 	and MinnesotaCare renewals after the end of the COVID-19 public health emergency 
138.34 	declared by the United States Secretary of Health and Human Services;
139.1 	(3) CV18: implementation of federal changes to the Supplemental Nutrition Assistance 
139.2 	Program;
139.3 	(4) CV20: eliminating cost-sharing for COVID-19 diagnosis and treatment;
139.4 	(5) CV24: allowing telephone or video use for targeted case management visits;
139.5 	(6) CV30: expanding telemedicine in health care, mental health, and substance use 
139.6 	disorder settings;
139.7 	(7) CV37: implementation of federal changes to the Supplemental Nutrition Assistance 
139.8 	Program;
139.9 	(8) CV39: implementation of federal changes to the Supplemental Nutrition Assistance 
139.10 	Program;
139.11 	(9) CV42: implementation of federal changes to the Supplemental Nutrition Assistance 
139.12 	Program;
139.13 	(10) CV43: expanding remote home and community-based waiver services;
139.14 	(11) CV44: allowing remote delivery of adult day services;
139.15 	(12) CV59: modifying eligibility period for the federally funded Refugee Cash Assistance 
139.16 	Program;
139.17 	(13) CV60: modifying eligibility period for the federally funded Refugee Social Services 
139.18 	Program; and
139.19 	(14) CV109: providing 15 percent increase for Minnesota Food Assistance Program and 
139.20 	Minnesota Family Investment Program maximum food benefits.

139.21 	Sec. 13. Laws 2021, First Special Session chapter 7, article 1, section 36, is amended to 
139.22 	read:
139.23 	Sec. 36. RESPONSE TO COVID-19 PUBLIC HEALTH EMERGENCY.
 139.24 	(a) Notwithstanding Minnesota Statutes, section 256B.057, subdivision 9, 256L.06, 
139.25 	subdivision 3, or any other provision to the contrary, the commissioner shall not collect any 
139.26 	unpaid premium for a coverage month that occurred during until the enrollee's first renewal 
139.27 	after the resumption of medical assistance renewals following the end of the COVID-19 
139.28 	public health emergency declared by the United States Secretary of Health and Human 
139.29 	Services.
140.1 	(b) Notwithstanding any provision to the contrary, periodic data matching under 
140.2 	Minnesota Statutes, section 256B.0561, subdivision 2, may be suspended for up to six 12
140.3 	months following the last day of resumption of medical assistance and MinnesotaCare 
140.4 	renewals after the end of the COVID-19 public health emergency declared by the United 
140.5 	States Secretary of Health and Human Services.
140.6 	(c) Notwithstanding any provision to the contrary, the requirement for the commissioner 
140.7 	of human services to issue an annual report on periodic data matching under Minnesota 
140.8 	Statutes, section 256B.0561, is suspended for one year following the last day of the 
140.9 	COVID-19 public health emergency declared by the United States Secretary of Health and 
140.10 	Human Services.
140.11 	(d) The commissioner of human services shall take necessary actions to comply with 
140.12 	federal guidance pertaining to the appropriate redetermination of medical assistance enrollee 
140.13 	eligibility following the end of the public health emergency and may waive currently existing 
140.14 	Minnesota statutes to the minimum level necessary to achieve federal compliance. All 
140.15 	changes implemented shall be reported to the chairs and ranking minority members of the 
140.16 	legislative committees with jurisdiction over human services within 90 days.

140.17 	ARTICLE 6
140.18 	HEALTH INSURANCE ACCESS

140.19 	Section 1. Minnesota Statutes 2020, section 256L.04, subdivision 1c, is amended to read:
140.20 		Subd. 1c.General requirements. (a) To be eligible for MinnesotaCare, a person must 
140.21 	meet the eligibility requirements of in this section.
140.22 	(b) A person eligible for MinnesotaCare shall not be considered a qualified individual 
140.23 	under section 1312 of the Affordable Care Act, and is not eligible for enrollment in a qualified 
140.24 	health plan with advance payment of the federal premium tax credit offered through MNsure 
140.25 	under chapter 62V.
140.26 	(c) Paragraph (b) does not apply to a person eligible for the buy-in option under 
140.27 	subdivision 15.

140.28 	EFFECTIVE DATE. This section is effective January 1, 2025, or upon federal approval, 
140.29 	whichever is later. The commissioner of human services shall notify the revisor of statutes 
140.30 	when federal approval is obtained.

141.1 	Sec. 2. Minnesota Statutes 2020, section 256L.04, subdivision 7a, is amended to read:
141.2 		Subd. 7a.Ineligibility. Adults whose income is greater than the limits established under 
141.3 	this section may not enroll in the MinnesotaCare program, except as provided in subdivision 
141.4 	15.

141.5 	EFFECTIVE DATE. This section is effective January 1, 2025, or upon federal approval, 
141.6 	whichever is later. The commissioner of human services shall notify the revisor of statutes 
141.7 	when federal approval is obtained.

141.8 	Sec. 3. Minnesota Statutes 2020, section 256L.04, is amended by adding a subdivision to 
141.9 	read:
141.10 		Subd. 15.Persons eligible for buy-in option. (a) Families and individuals with income 
141.11 	above the maximum income eligibility limit specified in subdivision 1 or 7 who meet all 
141.12 	other MinnesotaCare eligibility requirements are eligible for the buy-in option. All other 
141.13 	provisions of this chapter apply unless otherwise specified.
141.14 	(b) Families and individuals with income within or above the maximum income eligibility 
141.15 	limit but ineligible for MinnesotaCare solely due to access to employer-subsidized coverage 
141.16 	under section 256L.07, subdivision 2, are eligible for the buy-in option.
141.17 	(c) Families and individuals may enroll in MinnesotaCare under this subdivision only 
141.18 	during an annual open enrollment period or special enrollment period, as designated by 
141.19 	MNsure in compliance with Code of Federal Regulations, title 45, parts 155.410 and 155.420.

141.20 	EFFECTIVE DATE. This section is effective January 1, 2025, or upon federal approval, 
141.21 	whichever is later. The commissioner of human services shall notify the revisor of statutes 
141.22 	when federal approval is obtained.

141.23 	Sec. 4. Minnesota Statutes 2020, section 256L.07, subdivision 1, is amended to read:
141.24 		Subdivision 1.General requirements. Individuals enrolled in MinnesotaCare under 
141.25 	section 256L.04, subdivision 1, and individuals enrolled in MinnesotaCare under section 
141.26 	256L.04, subdivision 7, whose income increases above 200 percent of the federal poverty 
141.27 	guidelines, are no longer eligible for the program and shall be disenrolled by the 
141.28 	commissioner, unless they continue MinnesotaCare enrollment through the buy-in option 
141.29 	under section 256L.04, subdivision 15. For persons disenrolled under this subdivision, 
141.30 	MinnesotaCare coverage terminates the last day of the calendar month in which the 
141.31 	commissioner sends advance notice according to Code of Federal Regulations, title 42, 
142.1 	section 431.211, that indicates the income of a family or individual exceeds program income 
142.2 	limits.

142.3 	EFFECTIVE DATE. This section is effective January 1, 2025, or upon federal approval, 
142.4 	whichever is later. The commissioner of human services shall notify the revisor of statutes 
142.5 	when federal approval is obtained.

142.6 	Sec. 5. Minnesota Statutes 2021 Supplement, section 256L.07, subdivision 2, is amended 
142.7 	to read:
142.8 		Subd. 2.Must not have access to employer-subsidized minimum essential 
142.9 	coverage. (a) To be eligible, a family or individual must not have access to subsidized health 
142.10 	coverage that is affordable and provides minimum value as defined in Code of Federal 
142.11 	Regulations, title 26, section 1.36B-2.
142.12 	(b) Notwithstanding paragraph (a), an individual who has access through a spouse's or 
142.13 	parent's employer to subsidized health coverage that is deemed minimum essential coverage 
142.14 	under Code of Federal Regulations, title 26, section 1.36B-2, is eligible for MinnesotaCare 
142.15 	if the employee's portion of the annual premium for employee and dependent coverage 
142.16 	exceeds the required contribution percentage, as defined for premium tax credit eligibility 
142.17 	under United States Code, title 26, section 36B(c)(2)(C)(i)(II), as indexed according to item 
142.18 	(iv) of that section, of the individual's household income for the coverage year.
142.19 	(c) This subdivision does not apply to a family or individual who no longer has 
142.20 	employer-subsidized coverage due to the employer terminating health care coverage as an 
142.21 	employee benefit.
142.22 	(d) This subdivision does not apply to a family or individual who enrolls through the 
142.23 	buy-in option under section 256L.04, subdivision 15.

142.24 	EFFECTIVE DATE. This section is effective January 1, 2025, or upon federal approval, 
142.25 	whichever is later. The commissioner of human services shall notify the revisor of statutes 
142.26 	when federal approval is obtained.

142.27 	Sec. 6. Minnesota Statutes 2021 Supplement, section 256L.15, subdivision 2, is amended 
142.28 	to read:
142.29 		Subd. 2.Sliding fee scale; monthly individual or family income. (a) The commissioner 
142.30 	shall establish a sliding fee scale to determine the percentage of monthly individual or family 
142.31 	income that households at different income levels must pay to obtain coverage through the 
143.1 	MinnesotaCare program. The sliding fee scale must be based on the enrollee's monthly 
143.2 	individual or family income.
143.3 	(b) Beginning January 1, 2014, MinnesotaCare enrollees shall pay premiums according 
143.4 	to the premium scale specified in paragraph (d).
143.5 	(c) (b) Paragraph (b) (a) does not apply to:
143.6 	(1) children 20 years of age or younger; and.
143.7 	(2) individuals with household incomes below 35 percent of the federal poverty 
143.8 	guidelines.
143.9 	(d) The following premium scale is established for each individual in the household who 
143.10 	is 21 years of age or older and enrolled in MinnesotaCare:

143.11
143.12	Federal Poverty Guideline 
Greater than or Equal to
	Less than
	Individual Premium 
Amount
	
143.13	35%
	55%
	$4
	
143.14	55%
	80%
	$6
	
143.15	80%
	90%
	$8
	
143.16	90%
	100%
	$10
	
143.17	100%
	110%
	$12
	
143.18	110%
	120%
	$14
	
143.19	120%
	130%
	$15
	
143.20	130%
	140%
	$16
	
143.21	140%
	150%
	$25
	
143.22	150%
	160%
	$37
	
143.23	160%
	170%
	$44
	
143.24	170%
	180%
	$52
	
143.25	180%
	190%
	$61
	
143.26	190%
	200%
	$71
	
143.27	200%
		$80
	
143.28 	(e) (c) Beginning January 1, 2021 2023, the commissioner shall continue to charge 
143.29 	premiums in accordance with the simplified premium scale established to comply with the 
143.30 	American Rescue Plan Act of 2021, in effect from January 1, 2021, through December 31, 
143.31 	2022, for families and individuals eligible under section 256L.04, subdivisions 1 and 7. The 
143.32 	commissioner shall adjust the premium scale established under paragraph (d) as needed to 
143.33 	ensure that premiums do not exceed the amount that an individual would have been required 
143.34 	to pay if the individual was enrolled in an applicable benchmark plan in accordance with 
143.35 	the Code of Federal Regulations, title 42, section 600.505 (a)(1).
144.1 	(d) The commissioner shall establish a sliding premium scale for persons eligible through 
144.2 	the buy-in option under section 256L.04, subdivision 15. Beginning January 1, 2025, persons 
144.3 	eligible through the buy-in option shall pay premiums according to the premium scale 
144.4 	established by the commissioner. Persons 20 years of age or younger are exempt from 
144.5 	paying premiums.

144.6 	EFFECTIVE DATE. This section is effective January 1, 2023, except that the sliding 
144.7 	premium scale established under paragraph (d) is effective January 1, 2025, and is contingent 
144.8 	upon implementation of the buy-in option established under Minnesota Statutes, section 
144.9 	256L.04, subdivision 15. The commissioner of human services shall notify the revisor of 
144.10 	statutes whether the buy-in option has been established under Minnesota Statutes, section 
144.11 	256L.04, subdivision 15.

144.12 	Sec. 7. TRANSITION TO MINNESOTACARE BUY-IN OPTION.
 144.13 	(a) The commissioner of human services shall continue to administer MinnesotaCare 
144.14 	as a basic health program in accordance with Minnesota Statutes, section 256L.02, 
144.15 	subdivision 5.
144.16 	(b) By January 1, 2025, the commissioner of human services shall implement a buy-in 
144.17 	option that allows individuals with income over 200 percent of the federal poverty level to 
144.18 	be determined eligible for MinnesotaCare. Eligible individuals must still meet all other 
144.19 	MinnesotaCare eligibility requirements. By December 15, 2023, the commissioner shall 
144.20 	present the following to the chairs and ranking minority members of the legislative 
144.21 	committees with jurisdiction over health care policy and finance:
144.22 	(1) an implementation plan for the MinnesotaCare buy-in under Minnesota Statutes, 
144.23 	section 256L.04, subdivision 15; and
144.24 	(2) any additional legislative changes needed for implementation.
144.25 	(c) The commissioner of human services shall seek any federal waivers, approvals, and 
144.26 	legislative changes necessary to implement a MinnesotaCare buy-in option. This includes 
144.27 	but is not limited to any waivers, approvals, or legislative changes necessary to allow the 
144.28 	state to:
144.29 	(1) continue to receive federal basic health program payments for basic health 
144.30 	program-eligible MinnesotaCare enrollees and to receive other federal funding for the 
144.31 	MinnesotaCare public option; and
145.1 	(2) receive federal payments equal to the value of premium tax credits and cost-sharing 
145.2 	reductions that MinnesotaCare enrollees with household incomes greater than 200 percent 
145.3 	of the federal poverty guidelines would have otherwise received.
145.4 	(d) In implementing this section, the commissioner of human services shall consult with 
145.5 	the commissioner of commerce and the board of directors of MNsure, and may contract for 
145.6 	technical and actuarial assistance.

145.7 	EFFECTIVE DATE. This section is effective the day following final enactment.

145.8 	ARTICLE 7
145.9 	WORKFORCE

145.10 	Section 1. Minnesota Statutes 2021 Supplement, section 256B.851, subdivision 5, is 
145.11 	amended to read:
145.12 		Subd. 5.Payment rates; component values. (a) The commissioner must use the 
145.13 	following component values:
145.14 	(1) employee vacation, sick, and training factor, 8.71 percent;
145.15 	(2) employer taxes and workers' compensation factor, 11.56 percent;
145.16 	(3) employee benefits factor, 12.04 percent;
145.17 	(4) client programming and supports factor, 2.30 percent;
145.18 	(5) program plan support factor, 7.00 percent;
145.19 	(6) general business and administrative expenses factor, 13.25 percent;
145.20 	(7) program administration expenses factor, 2.90 percent; and
145.21 	(8) absence and utilization factor, 3.90 percent.
145.22 	(b) For purposes of implementation, the commissioner shall use the following 
145.23 	implementation components:
145.24 	(1) personal care assistance services and CFSS: 75.45 79.5 percent;
145.25 	(2) enhanced rate personal care assistance services and enhanced rate CFSS: 75.45 79.5
145.26 	percent; and
145.27 	(3) qualified professional services and CFSS worker training and development: 75.45
145.28 	79.5 percent.

146.1 	EFFECTIVE DATE. This section is effective January 1, 2023, or 60 days following 
146.2 	federal approval, whichever is later. The commissioner of human services shall notify the 
146.3 	revisor of statutes when federal approval is obtained.

146.4 	Sec. 2. WORKFORCE INCENTIVE FUND GRANTS.
 146.5 		Subdivision 1.Grant program established. The commissioner of human services shall 
146.6 	establish grants for behavioral health, housing, disability, and home and community-based 
146.7 	older adult providers to assist with recruiting and retaining direct support and frontline 
146.8 	workers.
146.9 		Subd. 2.Definitions. (a) For purposes of this section, the following terms have the 
146.10 	meanings given.
146.11 	(b) "Commissioner" means the commissioner of human services.
146.12 	(c) "Eligible employer" means a nonprofit organization enrolled in a Minnesota health 
146.13 	care program or providing housing services that is:
146.14 	(1) a provider of home and community-based services under Minnesota Statutes, chapter 
146.15 	245D;
146.16 	(2) an agency provider or financial management service provider under Minnesota 
146.17 	Statutes, section 256B.85;
146.18 	(3) a home care provider licensed under Minnesota Statutes, sections 144A.43 to 
146.19 	144A.482;
146.20 	(4) a facility certified as an intermediate care facility for persons with developmental 
146.21 	disabilities;
146.22 	(5) a provider of home care services as defined in Minnesota Statutes, section 256B.0651, 
146.23 	subdivision 1, paragraph (d);
146.24 	(6) an agency as defined in Minnesota Statutes, section 256B.0949, subdivision 2;
146.25 	(7) a provider of mental health day treatment services for children or adults;
146.26 	(8) a provider of emergency services as defined in Minnesota Statutes, section 256E.36;
146.27 	(9) a provider of housing support as defined in Minnesota Statutes, chapter 256I;
146.28 	(10) a provider of housing stabilization services as defined in Minnesota Statutes, section 
146.29 	256B.051;
147.1 	(11) a provider of transitional housing programs as defined in Minnesota Statutes, section 
147.2 	256E.33;
147.3 	(12) a provider of substance use disorder services as defined in Minnesota Statutes, 
147.4 	chapter 245G;
147.5 	(13) an eligible financial management service provider serving people through 
147.6 	consumer-directed community supports under Minnesota Statutes, sections 256B.092 and 
147.7 	256B.49, and chapter 256S, and consumer support grants under Minnesota Statutes, section 
147.8 	256.476;
147.9 	(14) a provider of customized living services as defined in Minnesota Statutes, section 
147.10 	256S.02, subdivision 12; or
147.11 	(15) a provider who serves children with an emotional disorder or adults with mental 
147.12 	illness under Minnesota Statutes, section 245I.011 or 256B.0671, providing services, 
147.13 	including:
147.14 	(i) assertive community treatment;
147.15 	(ii) intensive residential treatment services;
147.16 	(iii) adult rehabilitative mental health services;
147.17 	(iv) mobile crisis services;
147.18 	(v) children's therapeutic services and supports;
147.19 	(vi) children's residential services;
147.20 	(vii) psychiatric residential treatment services;
147.21 	(viii) outpatient mental health treatment provided by mental health professionals, 
147.22 	community mental health center services, or certified community behavioral health clinics; 
147.23 	and
147.24 	(ix) intensive mental health outpatient treatment services.
147.25 	(d) "Eligible worker" means a worker who earns $30 per hour or less and has worked 
147.26 	in an eligible profession for at least six months. Eligible workers may receive up to $5,000 
147.27 	annually in payments from the workforce incentive fund.
147.28 		Subd. 3.Allowable uses of grant money. (a) Grantees must use money awarded to 
147.29 	provide payments to eligible workers for the following purposes:
147.30 	(1) retention and incentive payments;
148.1 	(2) postsecondary loan and tuition payments;
148.2 	(3) child care costs;
148.3 	(4) transportation-related costs; and
148.4 	(5) other costs associated with retaining and recruiting workers, as approved by the 
148.5 	commissioner.
148.6 	(b) The commissioner must develop a grant cycle distribution plan that allows for 
148.7 	equitable distribution of funding among eligible employer types. The commissioner's 
148.8 	determination of the grant awards and amounts is final and is not subject to appeal.
148.9 	(c) The commissioner must make efforts to prioritize eligible employers owned by 
148.10 	persons who are Black, Indigenous, and People of Color and small- to mid-sized eligible 
148.11 	employers.
148.12 		Subd. 4.Attestation. As a condition of obtaining grant payments under this section, an 
148.13 	eligible employer must attest and agree to the following:
148.14 	(1) the employer is an eligible employer;
148.15 	(2) the total number of eligible employees;
148.16 	(3) the employer will distribute the entire value of the grant to eligible employees, as 
148.17 	allowed under this section;
148.18 	(4) the employer will create and maintain records under subdivision 6;
148.19 	(5) the employer will not use the money appropriated under this section for any purpose 
148.20 	other than the purposes permitted under this section; and
148.21 	(6) the entire value of any grant amounts must be distributed to eligible employees 
148.22 	identified by the provider.
148.23 		Subd. 5.Audits and recoupment. (a) The commissioner may perform an audit under 
148.24 	this section up to six years after the grant is awarded to ensure:
148.25 	(1) the grantee used the money solely for the purposes stated in subdivision 3;
148.26 	(2) the grantee was truthful when making attestations under subdivision 5; and
148.27 	(3) the grantee complied with the conditions of receiving a grant under this section.
148.28 	(b) If the commissioner determines that a grantee used awarded money for purposes not 
148.29 	authorized under this section, the commissioner must treat any amount used for a purpose 
149.1 	not authorized under this section as an overpayment. The commissioner must recover any 
149.2 	overpayment.
149.3 		Subd. 6.Self-directed services workforce. Grants paid to eligible employees providing 
149.4 	services within the covered programs defined in Minnesota Statutes, section 256B.0711, 
149.5 	do not constitute a change in a term or condition for individual providers in covered programs 
149.6 	and are not subject to the state's obligation to meet and negotiate under Minnesota Statutes, 
149.7 	chapter 179A.
149.8 		Subd. 7.Grants not to be considered income. (a) For the purposes of this subdivision, 
149.9 	"subtraction" has the meaning given in Minnesota Statutes, section 290.0132, subdivision 
149.10 	1, paragraph (a), and the rules in that subdivision apply for this subdivision. The definitions 
149.11 	in Minnesota Statutes, section 290.01, apply to this subdivision.
149.12 	(b) The amount of grant awards received under this section is a subtraction.
149.13 	(c) Grant awards under this section are excluded from income, as defined in Minnesota 
149.14 	Statutes, sections 290.0674, subdivision 2a, and 290A.03, subdivision 3.
149.15 	(d) Notwithstanding any law to the contrary, grant awards under this section must not 
149.16 	be considered income, assets, or personal property for purposes of determining eligibility 
149.17 	or recertifying eligibility for:
149.18 	(1) child care assistance programs under Minnesota Statutes, chapter 119B;
149.19 	(2) general assistance, Minnesota supplemental aid, and food support under Minnesota 
149.20 	Statutes, chapter 256D;
149.21 	(3) housing support under Minnesota Statutes, chapter 256I;
149.22 	(4) Minnesota family investment program and diversionary work program under 
149.23 	Minnesota Statutes, chapter 256J; and
149.24 	(5) economic assistance programs under Minnesota Statutes, chapter 256P.
149.25 	(e) The commissioner of human services must not consider grant awards under this 
149.26 	section as income or assets under Minnesota Statutes, section 256B.056, subdivision 1a, 
149.27 	paragraph (a); 3; or 3c, or for persons with eligibility determined under Minnesota Statutes, 
149.28 	section 256B.057, subdivision 3, 3a, or 3b.

149.29 	EFFECTIVE DATE. This section is effective July 1, 2022.

150.1 	Sec. 3. MENTAL HEALTH PROVIDER SUPERVISION GRANT PROGRAM.
 150.2 		Subdivision 1.Definitions. (a) For purposes of this section, the following terms have 
150.3 	the meanings given.
150.4 	(b) "Mental health professional" means an individual with a qualification specified in 
150.5 	Minnesota Statutes, section 245I.04, subdivision 2.
150.6 	(c) "Underrepresented community" has the meaning given in Minnesota Statutes, section 
150.7 	148E.010, subdivision 20.
150.8 		Subd. 2.Grant program established. The commissioner of human services shall award 
150.9 	grants to licensed or certified mental health providers that meet the criteria in subdivision 
150.10 	3 to fund supervision of interns and clinical trainees who are working toward becoming 
150.11 	licensed mental health professionals and to subsidize the costs of mental health professional 
150.12 	licensing applications and examination fees for clinical trainees.
150.13 		Subd. 3.Eligible providers. In order to be eligible for a grant under this section, a mental 
150.14 	health provider must:
150.15 	(1) provide at least 25 percent of the provider's yearly patient encounters to state public 
150.16 	program enrollees or patients receiving sliding fee schedule discounts through a formal 
150.17 	sliding fee schedule meeting the standards established by the United States Department of 
150.18 	Health and Human Services under Code of Federal Regulations, title 42, section 51c.303; 
150.19 	or
150.20 	(2) primarily serve persons from communities of color or underrepresented communities.
150.21 		Subd. 4.Application; grant award. A mental health provider seeking a grant under 
150.22 	this section must apply to the commissioner at a time and in a manner specified by the 
150.23 	commissioner. The commissioner shall review each application to determine if the application 
150.24 	is complete, the mental health provider is eligible for a grant, and the proposed project is 
150.25 	an allowable use of grant funds. The commissioner must determine the grant amount awarded 
150.26 	to each grantee.
150.27 		Subd. 5.Allowable uses of grant money. A mental health provider must use grant 
150.28 	money received under this section:
150.29 	(1) to pay for direct supervision hours for interns and clinical trainees in an amount up 
150.30 	to $7,500 per intern or clinical trainee;
150.31 	(2) to establish a program to provide supervision to multiple interns or clinical trainees; 
150.32 	or
151.1 	(3) to pay mental health professional licensing application and examination fees for 
151.2 	clinical trainees.
151.3 		Subd. 6.Program oversight. During the grant period the commissioner may require 
151.4 	grant recipients to provide the commissioner with information necessary to evaluate the 
151.5 	program.

151.6 	EFFECTIVE DATE. This section is effective July 1, 2022.

151.7 	ARTICLE 8
151.8 	FORECAST ADJUSTMENTS

151.9	Section 1. HUMAN SERVICES APPROPRIATION.
 	
151.10 	The dollar amounts shown in the columns marked "Appropriations" are added to or, if 
151.11 	shown in parentheses, are subtracted from the appropriations in Laws 2021, First Special 
151.12 	Session chapter 7, article 16, from the general fund or any fund named to the Department 
151.13 	of Human Services for the purposes specified in this article, to be available for the fiscal 
151.14 	year indicated for each purpose. The figures "2022" and "2023" used in this article mean 
151.15 	that the appropriations listed under them are available for the fiscal years ending June 30, 
151.16 	2022, or June 30, 2023, respectively. "The first year" is fiscal year 2022. "The second year" 
151.17 	is fiscal year 2023. "The biennium" is fiscal years 2022 and 2023.

151.18				APPROPRIATIONS
	
151.19				Available for the Year
	
151.20				Ending June 30
	
151.21					2022
		2023

151.22
151.23	Sec. 2. COMMISSIONER OF HUMAN 
SERVICES

151.24	Subdivision 1.Total Appropriation
 	$
	(585,901,000)
	$
	182,791,000

151.25	Appropriations by Fund
	
151.26	General Fund
	(406,629,000)
	185,395,000
	
151.27
151.28	Health Care Access 
Fund
	(86,146,000)
	(11,799,000)
	
151.29	Federal TANF
	(93,126,000)
	9,195,000

151.30	Subd. 2.Forecasted Programs

151.31	(a) MFIP/DWP

152.1	Appropriations by Fund
	
152.2	General Fund
	72,106,000
	(14,397,000)
	
152.3	Federal TANF
	(93,126,000)
	9,195,000

152.4	(b) MFIP Child Care Assistance
		(103,347,000)
		(73,738,000)

152.5	(c) General Assistance
		(4,175,000)
		(1,488,000)

152.6	(d) Minnesota Supplemental Aid
		318,000
		1,613,000

152.7	(e) Housing Support
		(1,994,000)
		9,257,000

152.8	(f) Northstar Care for Children
		(9,613,000)
		(4,865,000)

152.9	(g) MinnesotaCare
		(86,146,000)
		(11,799,000)
	
152.10 	These appropriations are from the health care 
152.11 	access fund.

152.12	(h) Medical Assistance

152.13	Appropriations by Fund
	
152.14	General Fund
	(348,364,000)
	292,880,000
	
152.15
152.16	Health Care Access 
Fund
	0
	0

152.17	(i) Alternative Care Program
		0
		0

152.18	(j) Behavioral Health Fund
		(11,560,000)
		(23,867,000)

152.19	Subd. 3.Technical Activities
 		0
		0
	
152.20 	These appropriations are from the federal 
152.21 	TANF fund.

152.22 	EFFECTIVE DATE. This section is effective the day following final enactment.

152.23 	ARTICLE 9
152.24 	APPROPRIATIONS

152.25	Section 1. HEALTH AND HUMAN SERVICES APPROPRIATIONS.
 	
152.26 	The sums shown in the columns marked "Appropriations" are added to or, if shown in 
152.27 	parentheses, subtracted from the appropriations in Laws 2021, First Special Session chapter 
152.28 	7, article 16, to the agencies and for the purposes specified in this article. The appropriations 
152.29 	are from the general fund or other named fund and are available for the fiscal years indicated 
152.30 	for each purpose. The figures "2022" and "2023" used in this article mean that the addition 
152.31 	to or subtraction from the appropriation listed under them is available for the fiscal year 
153.1 	ending June 30, 2022, or June 30, 2023, respectively. Base adjustments mean the addition 
153.2 	to or subtraction from the base level adjustment set in Laws 2021, First Special Session 
153.3 	chapter 7, article 16. Supplemental appropriations and reductions to appropriations for the 
153.4 	fiscal year ending June 30, 2022, are effective the day following final enactment unless a 
153.5 	different effective date is explicit.

153.6				APPROPRIATIONS
	
153.7				Available for the Year
	
153.8				Ending June 30
	
153.9					2022
		2023

153.10
153.11	Sec. 2. COMMISSIONER OF HUMAN 
SERVICES

153.12	Subdivision 1.Total Appropriation
 	$
	22,339,000
	$
	481,929,000

153.13	Appropriations by Fund
	
153.14		2022
	2023
	
153.15	General
	20,403,000
	419,583,000
	
153.16	Health Care Access
	1,963,000
	61,788,000
	
153.17	Federal TANF
	-0-
	7,000
	
153.18
153.19	Opiate Epidemic 
Response
	-0-
	551,000

153.20	Subd. 2.Central Office; Operations

153.21	Appropriations by Fund
	
153.22	General
	403,000
	95,527,000
	
153.23	Health Care Access
	-0-
	27,816,000
	
153.24 	(a) Background Studies. (1) $1,779,000 in 
153.25 	fiscal year 2023 is to provide a credit to 
153.26 	providers who paid for emergency background 
153.27 	studies in NETStudy 2.0. This is a onetime 
153.28 	appropriation.
153.29 	(2) $1,851,000 in fiscal year 2023 is to fund 
153.30 	the costs of reprocessing emergency studies 
153.31 	conducted under interagency agreements. This 
153.32 	is a onetime appropriation.
154.1 	(b) Supporting Drug Pricing Litigation 
154.2 	Costs. $228,000 in fiscal year 2022 is for costs 
154.3 	to comply with litigation requirements related 
154.4 	to pharmaceutical drug price litigation. This 
154.5 	is a onetime appropriation.
154.6 	(c) Base Level Adjustment. The general fund 
154.7 	base is increased $12,829,000 in fiscal year 
154.8 	2024 and $10,227,000 in fiscal year 2025. The 
154.9 	health care access fund base is increased 
154.10 	$17,810,000 in fiscal year 2024 and 
154.11 	$17,810,000 in fiscal year 2025.

154.12	Subd. 3.Central Office; Children and Families
 		-0-
		5,621,000
	
154.13 	Base Level Adjustment. The general fund 
154.14 	base is increased $6,965,000 in fiscal year 
154.15 	2024 and $6,680,000 in fiscal year 2025.

154.16	Subd. 4.Central Office; Health Care

154.17	Appropriations by Fund
	
154.18	General
	-0-
	2,436,000
	
154.19	Health Care Access
	-0-
	4,298,000
	
154.20 	(a) Interactive Voice Response and 
154.21 	Improving Access for Applications and 
154.22 	Forms. $1,350,000 in fiscal year 2023 is for 
154.23 	the improvement of accessibility to Minnesota 
154.24 	health care programs applications, forms, and 
154.25 	other consumer support resources and services 
154.26 	to enrollees with limited English proficiency. 
154.27 	This is a onetime appropriation.
154.28 	(b) Community-Driven Improvements.
154.29 	$680,000 in fiscal year 2023 is for Minnesota 
154.30 	health care program enrollee engagement 
154.31 	activities.
154.32 	(c) Responding to COVID-19 in Minnesota 
154.33 	Health Care Programs. $1,000,000 in fiscal 
154.34 	year 2023 is for contract assistance relating to 
155.1 	the resumption of eligibility and 
155.2 	redetermination processes in Minnesota health 
155.3 	care programs after the expiration of the 
155.4 	federal public health emergency. Contracts 
155.5 	entered into under this section are for 
155.6 	emergency acquisition and are not subject to 
155.7 	solicitation requirements under Minnesota 
155.8 	Statutes, section 16C.10, subdivision 2. This 
155.9 	is a onetime appropriation. Money is available 
155.10 	until spent.
155.11 	(d) Base Level Adjustment. The general fund 
155.12 	base is increased $1,666,000 in fiscal year 
155.13 	2024 and $1,651,000 in fiscal year 2025. The 
155.14 	health care access fund base is increased 
155.15 	$4,087,000 in fiscal year 2024 and $6,300,000 
155.16 	in fiscal year 2025.

155.17	Subd. 5.Central Office; Community Supports

155.18	Appropriations by Fund
	
155.19	General
	-0-
	7,119,000
	
155.20
155.21	Opioid Epidemic 
Response
	-0-
	551,000
	
155.22 	SEIU Healthcare Arbitration Award.
155.23 	$5,444 in fiscal year 2023 is for arbitration 
155.24 	awards resulting from a SEIU grievance. This 
155.25 	is a onetime appropriation.
155.26 	Base Level Adjustment. The general fund 
155.27 	base is increased $9,460,000 in fiscal year 
155.28 	2024 and $10,602,000 in fiscal year 2025.

155.29	Subd. 6.Forecasted Programs; MFIP/DWP

155.30	Appropriations by Fund
	
155.31	General
	-0-
	5,000
	
155.32	Federal TANF
	-0-
	7,000

156.1
156.2	Subd. 7.Forecasted Programs; MFIP Child Care 
Assistance
 		-0-
		1,000

156.3
156.4	Subd. 8.Forecasted Programs; Minnesota 
Supplemental Aid
 		-0-
		1,000

156.5
156.6	Subd. 9.Forecasted Programs; Housing 
Supports
 		-0-
		1,000

156.7	Subd. 10.Forecasted Programs; MinnesotaCare
 		-0-
		15,257,000
	
156.8 	This appropriation is from the health care 
156.9 	access fund.

156.10
156.11	Subd. 11.Forecasted Programs; Medical 
Assistance

156.12	Appropriations by Fund
	
156.13	General
	-0-
	7,571,000
	
156.14	Health Care Access
	-0-
	14,353,000

156.15
156.16	Subd. 12.Forecasted Programs; Alternative 
Care
 		-0-
		161,000

156.17
156.18	Subd. 13.Grant Programs; BSF Child Care 
Grants
 		-0-
		(683,000)
	
156.19 	Base Level Adjustment. The general fund 
156.20 	base is increased $240,477,000 in fiscal year 
156.21 	2024 and $546,025,000 in fiscal year 2025.

156.22
156.23	Subd. 14.Grant Programs; Child Care 
Development Grants
 		-0-
		31,703,000
	
156.24 	(a) Child Care Provider Access to 
156.25 	Technology Grants. $300,000 in fiscal year 
156.26 	2023 is for child care provider access to 
156.27 	technology grants pursuant to Minnesota 
156.28 	Statutes, section 119B.28.
156.29 	(b) One-Stop Regional Assistance Network.
156.30 	Beginning in fiscal year 2025, the base shall 
156.31 	include $1,200,000 from the general fund for 
156.32 	a grant to the statewide child care resource 
156.33 	and referral network to administer the child 
156.34 	care one-stop shop regional assistance network 
157.1 	in accordance with Minnesota Statutes, section 
157.2 	119B.19, subdivision 7, clause (9).
157.3 	(c) Child Care Workforce Development 
157.4 	Grants. Beginning in fiscal year 2025, the 
157.5 	base shall include $1,300,000 for a grant to 
157.6 	the statewide child care resource and referral 
157.7 	network to administer the child care workforce 
157.8 	development grants in accordance with 
157.9 	Minnesota Statutes, section 119B.19, 
157.10 	subdivision 7, clause (10).
157.11 	(d) Shared Services Innovation Grants. The 
157.12 	base shall include $500,000 in fiscal year 2024 
157.13 	and $500,000 in fiscal year 2025 for shared 
157.14 	services innovation grants pursuant to 
157.15 	Minnesota Statutes, section 119B.27.
157.16 	(e) Stabilization Grants for Child Care 
157.17 	Providers Experiencing Financial Hardship.
157.18 	$31,406,000 in fiscal year 2023 is for child 
157.19 	care stabilization grants for child care 
157.20 	programs in extreme financial hardship. This 
157.21 	is a onetime appropriation. Money not 
157.22 	distributed in fiscal year 2023 or 2024 shall 
157.23 	be available until June 30, 2025. Use of grant 
157.24 	money must be made in accordance with 
157.25 	eligibility and compliance requirements 
157.26 	established by the commissioner.
157.27 	(f) Base Level Adjustment. The general fund 
157.28 	base is increased $66,824,000 in fiscal year 
157.29 	2024 and $3,300,000 in fiscal year 2025.

157.30
157.31	Subd. 15.Grant Programs; Children's Services 
Grants
 		-0-
		3,882,000
	
157.32 	(a) American Indian Child Welfare 
157.33 	Initiative; Mille Lacs Band of Ojibwe 
157.34 	Planning. $1,263,000 in fiscal year 2023 is 
158.1 	to support activities necessary for the Mille 
158.2 	Lacs Band of Ojibwe to join the American 
158.3 	Indian child welfare initiative.
158.4 	(b) Expand Parent Support Outreach 
158.5 	Program. The base shall include $7,000,000 
158.6 	in fiscal year 2024 and $7,000,000 in fiscal 
158.7 	year 2025 to expand the parent support 
158.8 	outreach program to community-based 
158.9 	agencies, public health agencies, and schools 
158.10 	to prevent reporting of and entry into the child 
158.11 	welfare system.
158.12 	(c) Thriving Families Safer Children. The 
158.13 	base shall include $30,000 in fiscal year 2024 
158.14 	to plan for an education attendance support 
158.15 	diversionary program to prevent entry into the 
158.16 	child welfare system. The commissioner shall 
158.17 	report back to the legislative committees that 
158.18 	oversee child welfare by January 1, 2025, on 
158.19 	the plan for this program. This is a onetime 
158.20 	appropriation.
158.21 	(d) Family Group Decision Making. The 
158.22 	base shall include $5,000,000 in fiscal year 
158.23 	2024 and $5,000,000 in fiscal year 2025 to 
158.24 	expand the use of family group decision 
158.25 	making to provide opportunity for family 
158.26 	voices concerning critical decisions in child 
158.27 	safety and prevent entry into the child welfare 
158.28 	system.
158.29 	(e) Child Welfare Promising Practices. The 
158.30 	base shall include $5,000,000 in fiscal year 
158.31 	2024 and $5,000,000 in fiscal year 2025 to 
158.32 	develop promising practices for prevention of 
158.33 	out-of-home placement of children and youth.
159.1 	(f) Family Assessment Response. The base 
159.2 	shall include $23,550,000 in fiscal year 2024 
159.3 	and $23,550,000 in fiscal year 2025 to support 
159.4 	counties and Tribes that are members of the 
159.5 	American Indian child welfare initiative in 
159.6 	providing case management services and 
159.7 	support for families being served under family 
159.8 	assessment response, and prevent entry into 
159.9 	the child welfare system.
159.10 	(g) Extend Support for Youth Leaving 
159.11 	Foster Care. $600,000 in fiscal year 2023 is 
159.12 	to extend financial supports for young adults 
159.13 	aging out of foster care to age 22.
159.14 	(h) Grants to Counties for Child Protection 
159.15 	Staff. $1,000,000 in fiscal year 2023 is to 
159.16 	provide grants to counties and American 
159.17 	Indian child welfare initiative Tribes to be 
159.18 	used to reduce extended foster care caseload 
159.19 	sizes to ten cases per worker.
159.20 	(i) Statewide Pool of Qualified Individuals.
159.21 	$1,177,400 in fiscal year 2023 is for grants to 
159.22 	one or more grantees to establish and manage 
159.23 	a pool of state-funded qualified individuals to 
159.24 	assess potential out-of-home placement of a 
159.25 	child in a qualified residential treatment 
159.26 	program. Up to $200,000 of the grants each 
159.27 	fiscal year is available for grantee contracts to 
159.28 	manage the state-funded pool of qualified 
159.29 	individuals. This amount shall also pay for 
159.30 	qualified individual training, certification, and 
159.31 	background studies. Remaining grant money 
159.32 	shall be used until expended to provide 
159.33 	qualified individual services to counties and 
159.34 	Tribes that have joined the American Indian 
159.35 	child welfare initiative pursuant to Minnesota 
160.1 	Statutes, section 256.01, subdivision 14b, to 
160.2 	provide qualified residential treatment 
160.3 	program assessments at no cost to the county 
160.4 	or Tribal agency.
160.5 	(j) Base Level Adjustment. The general fund 
160.6 	base is increased $47,440,000 in fiscal year 
160.7 	2024 and $44,769,000 in fiscal year 2025.

160.8
160.9	Subd. 16.Grant Program; Refugee Services 
Grants
 		-0-
		5,111,000
	
160.10 	(a) Refugee and Immigrant Services.
160.11 	$5,111,000 in fiscal year 2023 is to extend the 
160.12 	refugee and immigrant COVID-19 care line 
160.13 	and expand eligibility for self-sufficiency and 
160.14 	community integration services provided by 
160.15 	community-based nonprofit resettlement 
160.16 	agencies to immigrants in Minnesota.
160.17 	(b) Base Level Adjustment. The general fund 
160.18 	base is $5,111,000 in fiscal year 2024 and $0 
160.19 	in fiscal year 2025.

160.20
160.21	Subd. 17.Grant Programs; Children and 
Community Service Grants
 		-0-
		-0-
	
160.22 	Base Level Adjustment. The Opiate 
160.23 	Epidemic Response Base is increased 
160.24 	$100,000 in fiscal year 2025.

160.25
160.26	Subd. 18.Grant Programs; Children and 
Economic Support Grants
 		-0-
		89,099,000
	
160.27 	(a) Family and Community Resource Hubs.
160.28 	$2,550,000 in fiscal year 2023 is to implement 
160.29 	a sustainable family and community resource 
160.30 	hub model through the community action 
160.31 	agencies under Minnesota Statutes, section 
160.32 	256E.31, and federally recognized Tribes. The 
160.33 	community resource hubs must offer 
160.34 	navigation to several supports and services, 
160.35 	including but not limited to basic needs and 
161.1 	economic assistance, disability services, 
161.2 	healthy development and screening, 
161.3 	developmental and behavioral concerns, 
161.4 	family well-being and mental health, early 
161.5 	learning and child care, dental care, legal 
161.6 	services, and culturally specific services for 
161.7 	American Indian families.
161.8 	(b) Tribal Food Sovereignty Infrastructure 
161.9 	Grants. $4,000,000 in fiscal year 2023 is for 
161.10 	capital and infrastructure development to 
161.11 	support food system changes and provide 
161.12 	equitable access to existing and new methods 
161.13 	of food support for American Indian 
161.14 	communities, including federally recognized 
161.15 	Tribes and American Indian nonprofit 
161.16 	organizations. This is a onetime appropriation 
161.17 	and is available until June 30, 2025.
161.18 	(c) Tribal Food Security. $2,836,000 in fiscal 
161.19 	year 2023 is to promote food security for 
161.20 	American Indian communities, including 
161.21 	federally recognized Tribes and American 
161.22 	Indian nonprofit organizations. This includes 
161.23 	hiring staff, providing culturally relevant 
161.24 	training for building food access, purchasing 
161.25 	technical assistance materials and supplies, 
161.26 	and planning for sustainable food systems.
161.27 	(d) Capital for Emergency Food 
161.28 	Distribution Facilities. $14,931,000 in fiscal 
161.29 	year 2023 is for improving and expanding the 
161.30 	infrastructure of food shelf facilities across 
161.31 	the state, including adding freezer or cooler 
161.32 	space and dry storage space, improving the 
161.33 	safety and sanitation of existing food shelves, 
161.34 	and addressing deferred maintenance or other 
161.35 	facility needs of existing food shelves. Grant 
162.1 	money shall be made available to nonprofit 
162.2 	organizations, federally recognized Tribes, 
162.3 	and local units of government. This is a 
162.4 	onetime appropriation and is available until 
162.5 	June 30, 2025.
162.6 	(e) Food Support Grants. $5,000,000 in 
162.7 	fiscal year 2023 is to provide additional 
162.8 	resources to a diverse food support network 
162.9 	that includes food shelves, food banks, and 
162.10 	meal and food outreach programs. Grant 
162.11 	money shall be made available to nonprofit 
162.12 	organizations, federally recognized Tribes, 
162.13 	and local units of government.
162.14 	(f) Emergency Services Grants. $54,782,000 
162.15 	in fiscal year 2023 is for emergency services 
162.16 	grants under Minnesota Statutes, section 
162.17 	256E.36. This is a onetime appropriation and 
162.18 	is available until June 30, 2024. Beginning in 
162.19 	fiscal year 2024, the base for emergency 
162.20 	services grants under Minnesota Statutes, 
162.21 	section 256E.36, shall be increased by 
162.22 	$29,751,000.
162.23 	(g) Base Level Adjustment. The general fund 
162.24 	base is increased $60,429,000 in fiscal year 
162.25 	2024 and $64,079,000 in fiscal year 2025.

162.26	Subd. 19.Grant Programs; Health Care Grants

162.27	Appropriations by Fund
	
162.28		2022
	2023
	
162.29	General Fund
	-0-
	4,500,000
	
162.30	Health Care Access
	1,936,000
	64,000
	
162.31 	(a) Grant Funding to Support Urban 
162.32 	American Indians in Minnesota Health 
162.33 	Care Programs. $2,500,000 in fiscal year 
162.34 	2023 is for funding to the Indian Health Board 
163.1 	of Minneapolis to support continued access to 
163.2 	health care coverage through Minnesota health 
163.3 	care programs, improve access to quality care, 
163.4 	and increase vaccination rates among urban 
163.5 	American Indians.
163.6 	(b) Grants for Navigator Organizations. (1) 
163.7 	$1,936,000 in fiscal year 2023 is from the 
163.8 	health care access fund for grants to 
163.9 	organizations with a MNsure grant services 
163.10 	navigator assister contract in good standing 
163.11 	as of June 30, 2022. The grants to each 
163.12 	organization must be in proportion to the 
163.13 	number of medical assistance and 
163.14 	MinnesotaCare enrollees each organization 
163.15 	assisted that resulted in a successful 
163.16 	enrollment in the second quarter of fiscal year 
163.17 	2020, as determined by MNsure's navigator 
163.18 	payment process. This is a onetime 
163.19 	appropriation. Money from this appropriation 
163.20 	is available until spent. (2) $2,000,000 in fiscal 
163.21 	year 2023 is from the health care access fund 
163.22 	for incentive payments as defined in 
163.23 	Minnesota Statutes, section 256.962, 
163.24 	subdivision 5. The general fund base for this 
163.25 	appropriation is $1,000,000 in fiscal year 2024 
163.26 	and $0 in fiscal year 2025. Money from this 
163.27 	appropriation is available until spent.
163.28 	(c) Base level adjustment. The general fund 
163.29 	base is increased $3,750,000 in fiscal year 
163.30 	2024 and $1,250,000 in fiscal year 2025. The 
163.31 	health care access fund base is increased 
163.32 	$1,000,000 in fiscal year 2024, and $0 in fiscal 
163.33 	year 2025.
163.34 	(d) Health and Human Services Vaccination 
163.35 	Rates. $1,000,000 in fiscal year 2023 is for 
164.1 	community outreach grants to increase 
164.2 	vaccination rates among enrollees in 
164.3 	Minnesota health care programs. This is a 
164.4 	onetime appropriation.

164.5
164.6	Subd. 20.Grant Programs; Other Long-Term 
Care Grants
 		-0-
		118,000,000
	
164.7 	Workforce Incentive Fund Grant Program.
164.8 	$118,000,000 in fiscal year 2023 is to assist 
164.9 	disability, housing, substance use, and older 
164.10 	adult service providers of public programs to 
164.11 	pay for incentive benefits to current and new 
164.12 	workers. This is a onetime appropriation and 
164.13 	is available until June 30, 2025. Three percent 
164.14 	of the total amount of the appropriation may 
164.15 	be used to administer the program, which 
164.16 	could include contracting with a third-party 
164.17 	administrator.

164.18	Subd. 21.Grant Programs; Disabilities Grants
 		-0-
		8,200,000
	
164.19 	(a) Electronic Visit Verification (EVV) 
164.20 	Stipends. $6,440,000 in fiscal year 2023 is 
164.21 	for onetime stipends of $200 to bargaining 
164.22 	members to offset the potential costs related 
164.23 	to people using individual devices to access 
164.24 	EVV. $5,600,000 of the appropriation is for 
164.25 	stipends and the remaining 15 percent is for 
164.26 	administration of these stipends. This is a 
164.27 	onetime appropriation.
164.28 	(b) Self-Directed Collective Bargaining 
164.29 	Agreement; Temporary Rate Increase 
164.30 	Memorandum of Understanding. $1,610,000 
164.31 	in fiscal year 2023 is for onetime stipends for 
164.32 	individual providers covered by the SEIU 
164.33 	collective bargaining agreement based on the 
164.34 	memorandum of understanding related to the 
164.35 	temporary rate increase in effect between 
165.1 	December 1, 2020, and February 7, 2021. 
165.2 	$1,400,000 of the appropriation is for stipends 
165.3 	and the remaining 15 percent is for 
165.4 	administration of the stipends. This is a 
165.5 	onetime appropriation.
165.6 	(c) Base Level Adjustment. The general fund 
165.7 	base is increased $805,000 in fiscal year 2024 
165.8 	and $2,420,000 in fiscal year 2025.

165.9165.10
	Subd. 22.Grant Programs; Housing Support 
Grants
 		-0-
		1,100,000
	
165.11 	(a) AmeriCorps Heading Home Corps.
165.12 	$1,100,000 in fiscal year 2023 is for the 
165.13 	AmeriCorps Heading Home Corps program 
165.14 	to fund housing resource navigators supporting 
165.15 	individuals experiencing homelessness.
165.16 	(b) Base Level Adjustment. The general fund 
165.17 	base is increased $1,100,000 in fiscal year 
165.18 	2024 and $12,100,000 in fiscal year 2025.

165.19
165.20	Subd. 23.Grant Programs; Adult Mental Health 
Grants
 		20,000,000
		18,927,000
	
165.21 	(a) Inpatient Psychiatric and Psychiatric 
165.22 	Residential Treatment Facilities.
165.23 	$10,000,000 in fiscal year 2023 is for 
165.24 	competitive grants to hospitals or mental 
165.25 	health providers to retain, build, or expand 
165.26 	children's inpatient psychiatric beds for 
165.27 	children in need of acute high-level psychiatric 
165.28 	care or psychiatric residential treatment facility 
165.29 	beds as described in Minnesota Statutes, 
165.30 	section 256B.0941. In order to be eligible for 
165.31 	a grant, a hospital or mental health provider 
165.32 	must serve individuals covered by medical 
165.33 	assistance under Minnesota Statutes, section 
165.34 	256B.0625.
166.1 	(b) Expanding Support for Psychiatric 
166.2 	Residential Treatment Facilities. $800,000 
166.3 	in fiscal year 2023 is for start-up grants to 
166.4 	psychiatric residential treatment facilities as 
166.5 	described in Minnesota Statutes, section 
166.6 	256B.0941. Grantees can use grant money for 
166.7 	emergency workforce shortage uses. 
166.8 	Allowable grant uses related to emergency 
166.9 	workforce shortages may include but are not 
166.10 	limited to hiring and retention bonuses, 
166.11 	recruitment of a culturally responsive 
166.12 	workforce, and allowing providers to increase 
166.13 	the hourly rate in order to be competitive in 
166.14 	the market.
166.15 	(c) Workforce Incentive Fund Grant 
166.16 	Program. $20,000,000 in fiscal year 2022 
166.17 	from the general fund is to provide mental 
166.18 	health public program providers the ability to 
166.19 	pay for incentive benefits to current and new 
166.20 	workers. This is a onetime appropriation and 
166.21 	is available until June 30, 2025. Three percent 
166.22 	of the total amount of the appropriation may 
166.23 	be used to administer the program, which 
166.24 	could include contracting with a third-party 
166.25 	administrator.
166.26 	(d) Cultural and Ethnic Infrastructure 
166.27 	Grant Funding. $5,000,000 in fiscal year 
166.28 	2023 is for increasing cultural and ethnic 
166.29 	infrastructure grant funding under Minnesota 
166.30 	Statutes, section 245.4661, subdivision 6. This 
166.31 	grant funding will be used to alleviate the 
166.32 	workforce shortage and will be used to recruit 
166.33 	more providers who are Black, Indigenous, 
166.34 	and people of color for both mental health and 
166.35 	substance use disorder organizations.
167.1 	(e) Mental Health Provider Grants to Rural 
167.2 	and Underserved Communities. $5,000,000 
167.3 	in fiscal year 2023 is for a grant program to 
167.4 	recruit mental health providers in rural areas 
167.5 	and underserved communities. This money 
167.6 	can be used for reimbursement of supervision 
167.7 	costs of interns and clinical trainees, 
167.8 	reimbursing staff for master's degree tuition 
167.9 	costs in mental health fields, and licensing and 
167.10 	exam fees.
167.11 	(f) Culturally Specific Grants. $2,000,000 
167.12 	in fiscal year 2023 and $2,000,000 in fiscal 
167.13 	year 2024 are for grants for small to midsize 
167.14 	nonprofit organizations who represent and 
167.15 	support American Indian, Indigenous, and 
167.16 	other communities disproportionately affected 
167.17 	by the opiate crisis. These grants utilize 
167.18 	traditional healing practices and other 
167.19 	culturally congruent and relevant supports to 
167.20 	prevent and curb opiate use disorders through 
167.21 	housing, treatment, education, aftercare, and 
167.22 	other activities as determined by the 
167.23 	commissioner. This is a onetime appropriation.
167.24 	(g) Base Level Adjustment. The general fund 
167.25 	base is increased $23,791,000 in fiscal year 
167.26 	2024 and $30,916,000 in fiscal year 2025. The 
167.27 	opiate epidemic response base is increased 
167.28 	$2,000,000 in fiscal year 2025.

167.29
167.30	Subd. 24.Grant Programs; Child Mental Health 
Grants
 		-0-
		10,800,000
	
167.31 	Base Level Adjustment. The general fund 
167.32 	base is increased $15,800,000 in fiscal year 
167.33 	2024 and $800,000 in fiscal year  2025.

167.34
167.35	Subd. 25.Grant Programs; Chemical 
Dependency Treatment Support Grants
 		-0-
		4,000,000
	
168.1 	(a) Emerging Mood Disorder Grant 
168.2 	Program. $1,000,000 in fiscal year 2023 is 
168.3 	for emerging mood disorder grants under 
168.4 	Minnesota Statutes, section 245.4904. 
168.5 	Grantees must use grant money as required in 
168.6 	Minnesota Statutes, section 245.4904, 
168.7 	subdivision 2.
168.8 	(b) Substance Use Disorder Treatment and 
168.9 	Prevention Grants. The base shall include 
168.10 	$4,000,000 in fiscal year 2024 and $4,000,000 
168.11 	in fiscal year 2025 for substance use disorder 
168.12 	treatment and prevention grants recommended 
168.13 	by the substance use disorder advisory council.
168.14 	(c) Traditional Healing Grants. The base 
168.15 	shall include $2,000,000 in fiscal year 2025 
168.16 	to extend the traditional healing grant funding 
168.17 	appropriated in Laws 2019, chapter 63, article 
168.18 	3, section 1, paragraph (h), from the opiate 
168.19 	epidemic response account to the 
168.20 	commissioner of human services. This funding 
168.21 	is awarded to all Tribal nations and to five 
168.22 	urban Indian communities for traditional 
168.23 	healing practices to American Indians and to 
168.24 	increase the capacity of culturally specific 
168.25 	providers in the behavioral health workforce.
168.26 	(d) Base Level Adjustment. The general fund 
168.27 	base is increased $4,000,000 in fiscal year 
168.28 	2024 and $2,000,000 in fiscal year 2025.

168.29
168.30	Subd. 26.Direct Care and Treatment - 
Operations
 		-0-
		6,501,000
	
168.31 	Base Level Adjustment. The general fund 
168.32 	base is increased $5,267,000 in fiscal year 
168.33 	2024 and $0 in fiscal year 2025.

168.34	Subd. 27.Technical Activities
 		-0-
		-0-
	
169.1 	(a) Transfers; Child Care and Development 
169.2 	Fund. For fiscal years 2024 and 2025, the base 
169.3 	shall include a transfer of $23,500,000 in fiscal 
169.4 	year 2024 and $23,500,000 in fiscal year 2025 
169.5 	from the TANF fund to the child care and 
169.6 	development fund. These are onetime 
169.7 	transfers.
169.8 	(b) Base Level Adjustment. The TANF base 
169.9 	is increased $23,500,000 in fiscal year 2024, 
169.10 	$23,500,000 in fiscal year 2025, and $0 in 
169.11 	fiscal year 2026.

169.12	Sec. 3. BOARD OF DIRECTORS OF MNSURE

169.13	Appropriations by Fund
	
169.14		2022
	2023
	
169.15	General
	-0-
	7,775,000
	
169.16	Health Care Access
	-0-
	3,500,000
	
169.17 	These appropriations may be transferred to 
169.18 	the MNSure account established by Minnesota 
169.19 	Statutes, section 62V.07. The health care 
169.20 	access fund appropriation is onetime.
169.21 	Base Adjustment. The general fund base for 
169.22 	this appropriation is $7,476,000 in fiscal year 
169.23 	2024, $3,521,000 in fiscal year 2025, and $0 
169.24 	in fiscal year 2026.

169.25 	Sec. 4. Laws 2021, First Special Session chapter 7, article 16, section 2, subdivision 29, 
169.26 	is amended to read:

169.27	Subd. 29.Grant Programs; Disabilities Grants
 		31,398,000
		31,010,000
	
169.28 	(a) Training Stipends for Direct Support 
169.29 	Services Providers. $1,000,000 in fiscal year 
169.30 	2022 is from the general fund for stipends for 
169.31 	individual providers of direct support services 
169.32 	as defined in Minnesota Statutes, section 
169.33 	256B.0711, subdivision 1. These stipends are 
170.1 	available to individual providers who have 
170.2 	completed designated voluntary trainings 
170.3 	made available through the State-Provider 
170.4 	Cooperation Committee formed by the State 
170.5 	of Minnesota and the Service Employees 
170.6 	International Union Healthcare Minnesota. 
170.7 	Any unspent appropriation in fiscal year 2022 
170.8 	is available in fiscal year 2023. This is a 
170.9 	onetime appropriation. This appropriation is 
170.10 	available only if the labor agreement between 
170.11 	the state of Minnesota and the Service 
170.12 	Employees International Union Healthcare 
170.13 	Minnesota under Minnesota Statutes, section 
170.14 	179A.54, is approved under Minnesota 
170.15 	Statutes, section 3.855.
170.16 	(b) Parent-to-Parent Peer Support. $125,000 
170.17 	in fiscal year 2022 and $125,000 in fiscal year 
170.18 	2023 are from the general fund for a grant to 
170.19 	an alliance member of Parent to Parent USA 
170.20 	to support the alliance member's 
170.21 	parent-to-parent peer support program for 
170.22 	families of children with a disability or special 
170.23 	health care need.
170.24 	(c) Self-Advocacy Grants. (1) $143,000 in 
170.25 	fiscal year 2022 and $143,000 in fiscal year 
170.26 	2023 are from the general fund for a grant 
170.27 	under Minnesota Statutes, section 256.477, 
170.28 	subdivision 1.
170.29 	(2) $105,000 in fiscal year 2022 and $105,000 
170.30 	in fiscal year 2023 are from the general fund 
170.31 	for subgrants under Minnesota Statutes, 
170.32 	section 256.477, subdivision 2.
170.33 	(d) Minnesota Inclusion Initiative Grants.
170.34 	$150,000 in fiscal year 2022 and $150,000 in 
170.35 	fiscal year 2023 are from the general fund for 
171.1 	grants under Minnesota Statutes, section 
171.2 	256.4772.
171.3 	(e) Grants to Expand Access to Child Care 
171.4 	for Children with Disabilities. $250,000 in 
171.5 	fiscal year 2022 and $250,000 in fiscal year 
171.6 	2023 are from the general fund for grants to 
171.7 	expand access to child care for children with 
171.8 	disabilities. Any unspent amount in fiscal year 
171.9 	2022 is available through June 30, 2023. This 
171.10 	is a onetime appropriation.
171.11 	(f) Parenting with a Disability Pilot Project.
171.12 	The general fund base includes $1,000,000 in 
171.13 	fiscal year 2024 and $0 in fiscal year 2025 to 
171.14 	implement the parenting with a disability pilot 
171.15 	project.
171.16 	(g) Base Level Adjustment. The general fund 
171.17 	base is $29,260,000 in fiscal year 2024 and 
171.18 	$22,260,000 in fiscal year 2025.

171.19 	Sec. 5. Laws 2021, First Special Session chapter 7, article 16, section 2, subdivision 31, 
171.20 	is amended to read:

171.21
171.22	Subd. 31.Grant Programs; Adult Mental Health 
Grants

171.23	Appropriations by Fund
	
171.24	General
	98,772,000
	98,703,000
	
171.25
171.26	Opiate Epidemic 
Response
	2,000,000
	2,000,000
	
171.27 	(a) Culturally and Linguistically 
171.28 	Appropriate Services Implementation 
171.29 	Grants. $2,275,000 in fiscal year 2022 and 
171.30 	$2,206,000 in fiscal year 2023 are from the 
171.31 	general fund for grants to disability services, 
171.32 	mental health, and substance use disorder 
171.33 	treatment providers to implement culturally 
171.34 	and linguistically appropriate services 
172.1 	standards, according to the implementation 
172.2 	and transition plan developed by the 
172.3 	commissioner. Any unspent amount in fiscal 
172.4 	year 2022 is available through June 30, 2023.
172.5 	The general fund base for this appropriation 
172.6 	is $1,655,000 in fiscal year 2024 and $0 in 
172.7 	fiscal year 2025.
172.8 	(b) Base Level Adjustment. The general fund 
172.9 	base is $93,295,000 in fiscal year 2024 and 
172.10 	$83,324,000 in fiscal year 2025. The opiate 
172.11 	epidemic response fund base is $2,000,000 in 
172.12 	fiscal year 2024 and $0 in fiscal year 2025.

172.13 	Sec. 6. Laws 2021, First Special Session chapter 7, article 16, section 2, subdivision 33, 
172.14 	is amended to read:

172.15
172.16	Subd. 33.Grant Programs; Chemical 
Dependency Treatment Support Grants

172.17	Appropriations by Fund
	
172.18	General
	4,273,000
	4,274,000
	
172.19	Lottery Prize
	1,733,000
	1,733,000
	
172.20
172.21	Opiate Epidemic 
Response
	500,000
	500,000
	
172.22 	(a) Problem Gambling. $225,000 in fiscal 
172.23 	year 2022 and $225,000 in fiscal year 2023 
172.24 	are from the lottery prize fund for a grant to 
172.25 	the state affiliate recognized by the National 
172.26 	Council on Problem Gambling. The affiliate 
172.27 	must provide services to increase public 
172.28 	awareness of problem gambling, education, 
172.29 	training for individuals and organizations 
172.30 	providing effective treatment services to 
172.31 	problem gamblers and their families, and 
172.32 	research related to problem gambling.
172.33 	(b) Recovery Community Organization 
172.34 	Grants. $2,000,000 in fiscal year 2022 and 
172.35 	$2,000,000 in fiscal year 2023 are from the 
173.1 	general fund for grants to recovery community 
173.2 	organizations, as defined in Minnesota 
173.3 	Statutes, section 254B.01, subdivision 8, to 
173.4 	provide for costs and community-based peer 
173.5 	recovery support services that are not 
173.6 	otherwise eligible for reimbursement under 
173.7 	Minnesota Statutes, section 254B.05, as part 
173.8 	of the continuum of care for substance use 
173.9 	disorders. Any unspent amount in fiscal year 
173.10 	2022 is available through June 30, 2023.  The 
173.11 	general fund base for this appropriation is 
173.12 	$2,000,000 in fiscal year 2024 and $0 in fiscal 
173.13 	year 2025
173.14 	(c) Base Level Adjustment. The general fund 
173.15 	base is $4,636,000 in fiscal year 2024 and 
173.16 	$2,636,000 in fiscal year 2025. The opiate 
173.17 	epidemic response fund base is $500,000 in 
173.18 	fiscal year 2024 and $0 in fiscal year 2025.

173.19 	Sec. 7. Laws 2021, First Special Session chapter 7, article 16, section 28, is amended to 
173.20 	read:
173.21 	Sec. 28. CONTINGENT APPROPRIATIONS.
 173.22 	Any appropriation in this act for a purpose included in Minnesota's initial state spending 
173.23 	plan as described in guidance issued by the Centers for Medicare and Medicaid Services 
173.24 	for implementation of section 9817 of the federal American Rescue Plan Act of 2021 is 
173.25 	contingent upon approval of that purpose by the Centers for Medicare and Medicaid Services, 
173.26 	except for the rate increases specified in article 11, sections 12 and 19. This section expires 
173.27 	June 30, 2024.

173.28 	Sec. 8. Laws 2021, First Special Session chapter 7, article 17, section 3, is amended to 
173.29 	read:
173.30 	Sec. 3. GRANTS FOR TECHNOLOGY FOR HCBS RECIPIENTS.
 173.31 	(a) This act includes $500,000 in fiscal year 2022 and $2,000,000 in fiscal year 2023 
173.32 	for the commissioner of human services to issue competitive grants to home and 
174.1 	community-based service providers. Grants must be used to provide technology assistance, 
174.2 	including but not limited to Internet services, to older adults and people with disabilities 
174.3 	who do not have access to technology resources necessary to use remote service delivery 
174.4 	and telehealth. Any unspent amount in fiscal year 2022 is available through June 30, 2023.
174.5 	The general fund base included in this act for this purpose is $1,500,000 in fiscal year 2024 
174.6 	and $0 in fiscal year 2025.
174.7 	(b) All grant activities must be completed by March 31, 2024.
174.8 	(c) This section expires June 30, 2024.

174.9 	Sec. 9. Laws 2021, First Special Session chapter 7, article 17, section 6, is amended to 
174.10 	read:
174.11 	Sec. 6. TRANSITION TO COMMUNITY INITIATIVE.
 174.12 	(a) This act includes $5,500,000 in fiscal year 2022 and $5,500,000 in fiscal year 2023 
174.13 	for additional funding for grants awarded under the transition to community initiative 
174.14 	described in Minnesota Statutes, section 256.478. Any unspent amount in fiscal year 2022 
174.15 	is available through June 30, 2023. The general fund base in this act for this purpose is 
174.16 	$4,125,000 in fiscal year 2024 and $0 in fiscal year 2025.
174.17 	(b) All grant activities must be completed by March 31, 2024.
174.18 	(c) This section expires June 30, 2024.

174.19 	Sec. 10. Laws 2021, First Special Session chapter 7, article 17, section 10, is amended to 
174.20 	read:
174.21 	Sec. 10. PROVIDER CAPACITY GRANTS FOR RURAL AND UNDERSERVED 
174.22 	COMMUNITIES.
 174.23 	(a) This act includes $6,000,000 in fiscal year 2022 and $8,000,000 in fiscal year 2023 
174.24 	for the commissioner to establish a grant program for small provider organizations that 
174.25 	provide services to rural or underserved communities with limited home and 
174.26 	community-based services provider capacity. The grants are available to build organizational 
174.27 	capacity to provide home and community-based services in Minnesota and to build new or 
174.28 	expanded infrastructure to access medical assistance reimbursement. Any unspent amount 
174.29 	in fiscal year 2022 is available through June 30, 2023. The general fund base in this act for 
174.30 	this purpose is $8,000,000 in fiscal year 2024 and $0 in fiscal year 2025.
175.1 	(b) The commissioner shall conduct community engagement, provide technical assistance, 
175.2 	and establish a collaborative learning community related to the grants available under this 
175.3 	section and work with the commissioner of management and budget and the commissioner 
175.4 	of the Department of Administration to mitigate barriers in accessing grant funds. Funding 
175.5 	awarded for the community engagement activities described in this paragraph is exempt 
175.6 	from state solicitation requirements under Minnesota Statutes, section 16B.97, for activities 
175.7 	that occur in fiscal year 2022.
175.8 	(c) All grant activities must be completed by March 31, 2024.
175.9 	(d) This section expires June 30, 2024.

175.10 	Sec. 11. Laws 2021, First Special Session chapter 7, article 17, section 11, is amended to 
175.11 	read:
175.12 	Sec. 11. EXPAND MOBILE CRISIS.
 175.13 	(a) This act includes $8,000,000 in fiscal year 2022 and $8,000,000 in fiscal year 2023 
175.14 	for additional funding for grants for adult mobile crisis services under Minnesota Statutes, 
175.15 	section 245.4661, subdivision 9, paragraph (b), clause (15). Any unspent amount in fiscal 
175.16 	year 2022 is available through June 30, 2023. The general fund base in this act for this 
175.17 	purpose is $4,000,000 in fiscal year 2024 and $0 in fiscal year 2025.
175.18 	(b) Beginning April 1, 2024, counties may fund and continue conducting activities 
175.19 	funded under this section.
175.20 	(c) All grant activities must be completed by March 31, 2024.
175.21 	(d) This section expires June 30, 2024.

175.22 	Sec. 12. Laws 2021, First Special Session chapter 7, article 17, section 12, is amended to 
175.23 	read:
175.24 	Sec. 12. PSYCHIATRIC RESIDENTIAL TREATMENT FACILITY AND CHILD 
175.25 	AND ADOLESCENT MOBILE TRANSITION UNIT.
 175.26 	(a) This act includes $2,500,000 in fiscal year 2022 and $2,500,000 in fiscal year 2023 
175.27 	for the commissioner of human services to create children's mental health transition and 
175.28 	support teams to facilitate transition back to the community of children from psychiatric 
175.29 	residential treatment facilities, and child and adolescent behavioral health hospitals. Any 
175.30 	unspent amount in fiscal year 2022 is available through June 30, 2023. The general fund 
176.1 	base included in this act for this purpose is $1,875,000 in fiscal year 2024 and $0 in fiscal 
176.2 	year 2025.
176.3 	(b) Beginning April 1, 2024, counties may fund and continue conducting activities 
176.4 	funded under this section.
176.5 	(c) This section expires March 31, 2024.

176.6 	Sec. 13. Laws 2021, First Special Session chapter 7, article 17, section 17, subdivision 3, 
176.7 	is amended to read:
176.8 		Subd. 3.Respite services for older adults grants. (a) This act includes $2,000,000 in 
176.9 	fiscal year 2022 and $2,000,000 in fiscal year 2023 for the commissioner of human services 
176.10 	to establish a grant program for respite services for older adults. The commissioner must 
176.11 	award grants on a competitive basis to respite service providers. Any unspent amount in 
176.12 	fiscal year 2022 is available through June 30, 2023. The general fund base included in this 
176.13 	act for this purpose is $2,000,000 in fiscal year 2024 and $0 in fiscal year 2025.
176.14 	(b) All grant activities must be completed by March 31, 2024.
176.15 	(c) This subdivision expires June 30, 2024.

APPENDIX 

Repealed Minnesota Statutes: S4013-1 

119B.03 BASIC SLIDING FEE PROGRAM.Subdivision 1. Notice of allocation. 
By October 1 of each year, the commissioner shall notify all counties of their final child care fund program allocation. 

Subd. 2.Waiting list. 
Each county that receives funds under this section must keep a written record and report to the commissioner the number of eligible families who have applied for a child care subsidy or have requested child care assistance. Counties shall perform a preliminary determination of eligibility when a family requests child care assistance. At a minimum, a county must make a preliminary determination of eligibility based on family size, income, and authorized activity. A family seeking child care assistance must provide the required information to the county. A family that appears to be eligible must be put on a waiting list if funds are not immediately available. The waiting list must identify students in need of child care. Counties must review and update their waiting list at least every six months. 

Subd. 4.Funding priority. 
(a) First priority for child care assistance under the basic sliding fee program must be given to eligible non-MFIP families who do not have a high school diploma or commissioner of education-selected high school equivalency certification or who need remedial and basic skill courses in order to pursue employment or to pursue education leading to employment and who need child care assistance to participate in the education program. This includes student parents as defined under section 119B.011, subdivision 19b. Within this priority, the following subpriorities must be used: 

(1) child care needs of minor parents; 

(2) child care needs of parents under 21 years of age; and 

(3) child care needs of other parents within the priority group described in this paragraph. 

(b) Second priority must be given to parents who have completed their MFIP or DWP transition year, or parents who are no longer receiving or eligible for diversionary work program supports. 

(c) Third priority must be given to families who are eligible for portable basic sliding fee assistance through the portability pool under subdivision 9. 

(d) Fourth priority must be given to families in which at least one parent is a veteran as defined under section 197.447. 

(e) Families under paragraph (b) must be added to the basic sliding fee waiting list on the date they begin the transition year under section 119B.011, subdivision 20, and must be moved into the basic sliding fee program as soon as possible after they complete their transition year. 

Subd. 4a.Temporary reprioritization. 
(a) Notwithstanding subdivision 4, priority for child care assistance under the basic sliding fee assistance program shall be determined according to this subdivision beginning July 1, 2021, through May 31, 2024. 

(b) First priority must be given to eligible non-MFIP families who do not have a high school diploma or commissioner of education-selected high school equivalency certification or who need remedial and basic skill courses in order to pursue employment or to pursue education leading to employment and who need child care assistance to participate in the education program. This includes student parents as defined under section 119B.011, subdivision 19b. Within this priority, the following subpriorities must be used: 

(1) child care needs of minor parents; 

(2) child care needs of parents under 21 years of age; and 

(3) child care needs of other parents within the priority group described in this paragraph. 

(c) Second priority must be given to families in which at least one parent is a veteran, as defined under section 197.447. 

(d) Third priority must be given to eligible families who do not meet the specifications of paragraph (b), (c), (e), or (f). 

(e) Fourth priority must be given to families who are eligible for portable basic sliding fee assistance through the portability pool under subdivision 9. 

(f) Fifth priority must be given to eligible families receiving services under section 119B.011, subdivision 20a, if the parents have completed their MFIP or DWP transition year, or if the parents are no longer receiving or eligible for DWP supports. 

(g) Families under paragraph (f) must be added to the basic sliding fee waiting list on the date they complete their transition year under section 119B.011, subdivision 20. 

Subd. 5.Review of use of funds; reallocation. 
(a) After each quarter, the commissioner shall review the use of basic sliding fee program allocations by county. The commissioner may reallocate unexpended or unencumbered money among those counties who have expended their full allocation or may allow a county to expend up to ten percent of its allocation in the subsequent allocation period. 

(b) Any unexpended state and federal appropriations from the first year of the biennium may be carried forward to the second year of the biennium. 

Subd. 6.Allocation formula. 
The allocation component of basic sliding fee state and federal funds shall be allocated on a calendar year basis. Funds shall be allocated first in amounts equal to each county's guaranteed floor according to subdivision 8, with any remaining available funds allocated according to the following formula: 

(a) One-fourth of the funds shall be allocated in proportion to each county's total expenditures for the basic sliding fee child care program reported during the most recent fiscal year completed at the time of the notice of allocation. 

(b) Up to one-fourth of the funds shall be allocated in proportion to the number of families participating in the transition year child care program as reported during and averaged over the most recent six months completed at the time of the notice of allocation. Funds in excess of the amount necessary to serve all families in this category shall be allocated according to paragraph (e). 

(c) Up to one-half of the funds shall be allocated in proportion to the average of each county's most recent 12 months of reported waiting list as defined in subdivision 2 and the reinstatement list of those families whose assistance was terminated with the approval of the commissioner under Minnesota Rules, part 3400.0183, subpart 1. Funds in excess of the amount necessary to serve all families in this category shall be allocated according to paragraph (e). 

(d) The amount necessary to serve all families in paragraphs (b) and (c) shall be calculated based on the basic sliding fee average cost of care per family in the county with the highest cost in the most recently completed calendar year. 

(e) Funds in excess of the amount necessary to serve all families in paragraphs (b) and (c) shall be allocated in proportion to each county's total expenditures for the basic sliding fee child care program reported during the most recent fiscal year completed at the time of the notice of allocation. 

Subd. 6a.Allocation due to increased funding. 
When funding increases are implemented within a calendar year, every county must receive an allocation at least equal to its original allocation for the same time period. The remainder of the allocation must be recalculated to reflect the funding increase, according to formulas identified in subdivision 6. 

Subd. 6b.Allocation due to decreased funding. 
When funding decreases are implemented within a calendar year, county allocations must be reduced in an amount proportionate to the reduction in the total allocation for the same time period. This applies when a funding decrease necessitates the revision of an existing calendar year allocation. 

Subd. 8.Guaranteed floor. 
(a) Beginning January 1, 1996, each county's guaranteed floor shall equal 90 percent of the allocation received in the preceding calendar year. For the period January 1, 1999, to December 31, 1999, each county's guaranteed floor must be equal to its original calendar year 1998 allocation or its actual earnings for calendar year 1998, whichever is less. 

(b) When the amount of funds available for allocation is less than the amount available in the previous year, each county's previous year allocation shall be reduced in proportion to the reduction in the statewide funding, for the purpose of establishing the guaranteed floor. 

169A.70 ALCOHOL SAFETY PROGRAMS; CHEMICAL USE ASSESSMENTS.Subd. 6.Method of assessment. 
(a) As used in this subdivision, "collateral contact" means an oral or written communication initiated by an assessor for the purpose of gathering information from an individual or agency, other than the offender, to verify or supplement information provided by the offender during an assessment under this section. The term includes contacts with family members and criminal justice agencies. 

(b) An assessment conducted under this section must include at least one personal interview with the offender designed to make a determination about the extent of the offender's past and present chemical and alcohol use or abuse. It must also include collateral contacts and a review of relevant records or reports regarding the offender including, but not limited to, police reports, arrest reports, driving records, chemical testing records, and test refusal records. If the offender has a probation officer, the officer must be the subject of a collateral contact under this subdivision. If an assessor is unable to make collateral contacts, the assessor shall specify why collateral contacts were not made. 

245G.22 OPIOID TREATMENT PROGRAMS.Subd. 19.Placing authorities. 
A program must provide certain notification and client-specific updates to placing authorities for a client who is enrolled in Minnesota health care programs. At the request of the placing authority, the program must provide client-specific updates, including but not limited to informing the placing authority of positive drug testings and changes in medications used for the treatment of opioid use disorder ordered for the client. 

254A.02 DEFINITIONS.Subd. 8a.Placing authority. 
"Placing authority" means a county, prepaid health plan, or tribal governing board governed by Minnesota Rules, parts 9530.6600 to 9530.6655. 

254A.16 RESPONSIBILITIES OF THE COMMISSIONER.Subd. 6.Monitoring. 
The commissioner shall gather and placing authorities shall provide information to measure compliance with Minnesota Rules, parts 9530.6600 to 9530.6655. The commissioner shall specify the format for data collection to facilitate tracking, aggregating, and using the information. 

254A.19 CHEMICAL USE ASSESSMENTS.Subd. 1a.Emergency room patients. 
A county may enter into a contract with a hospital to provide chemical use assessments under Minnesota Rules, parts 9530.6600 to 9530.6655, for patients admitted to an emergency room or inpatient hospital when: 

(1) an assessor is not available; and 

(2) detoxification services in the county are at full capacity. 

Subd. 2.Probation officer as contact. 
When a chemical use assessment is required under Minnesota Rules, parts 9530.6600 to 9530.6655, for a person who is on probation or under other correctional supervision, the assessor, either orally or in writing, shall contact the person's probation officer to verify or supplement the information provided by the person. 

Subd. 5.Assessment via telehealth. 
Notwithstanding Minnesota Rules, part 9530.6615, subpart 3, item A, a chemical use assessment may be conducted via telehealth as defined in section 256B.0625, subdivision 3b. 

254B.04 ELIGIBILITY FOR BEHAVIORAL HEALTH FUND SERVICES.Subd. 2b.Eligibility for placement in opioid treatment programs. 
 Prior to placement of an individual who is determined by the assessor to require treatment for opioid addiction, the assessor must provide educational information concerning treatment options for opioid addiction, including the use of a medication for the use of opioid addiction. The commissioner shall develop educational materials supported by research and updated periodically that must be used by assessors to comply with this requirement. 

Subd. 2c.Eligibility to receive peer recovery support and treatment service coordination. 
Notwithstanding Minnesota Rules, part 9530.6620, subpart 6, a placing authority may authorize peer recovery support and treatment service coordination for a person who scores a severity of one or more in dimension 4, 5, or 6, under Minnesota Rules, part 9530.6622. Authorization for peer recovery support and treatment service coordination under this subdivision does not need to be provided in conjunction with treatment services under Minnesota Rules, part 9530.6622, subpart 4, 5, or 6. 

254B.041 CHEMICAL DEPENDENCY RULES.Subd. 2.Vendor collections; rule amendment. 
The commissioner may amend Minnesota Rules, parts 9530.7000 to 9530.7025, to require a vendor of chemical dependency transitional and extended care rehabilitation services to collect the cost of care received under a program from an eligible person who has been determined to be partially responsible for treatment costs, and to remit the collections to the commissioner. The commissioner shall pay to a vendor, for the collections, an amount equal to five percent of the collections remitted to the commissioner by the vendor. 

256J.08 DEFINITIONS.Subd. 10.Budget month. 
"Budget month" means the calendar month which the county agency uses to determine the income or circumstances of an assistance unit to calculate the amount of the assistance payment in the payment month. 

Subd. 53.Lump sum. 
"Lump sum" means nonrecurring income as described in section 256P.06, subdivision 3, clause (2), item (ix). 

Subd. 61.Monthly income test. 
"Monthly income test" means the test used to determine ongoing eligibility and the assistance payment amount according to section 256J.21. 

Subd. 62.Nonrecurring income. 
"Nonrecurring income" means a form of income which is received: 

(1) only one time or is not of a continuous nature; or 

(2) in a prospective payment month but is no longer received in the corresponding retrospective payment month. 

Subd. 81.Retrospective budgeting. 
"Retrospective budgeting" means a method of determining the amount of the assistance payment in which the payment month is the second month after the budget month. 

Subd. 83.Significant change. 
"Significant change" means a decline in gross income of the amount of the disregard as defined in section 256P.03 or more from the income used to determine the grant for the current month. 

256J.30 APPLICANT AND PARTICIPANT REQUIREMENTS AND RESPONSIBILITIES.Subd. 5.Monthly MFIP household reports. 
Each assistance unit with a member who has earned income or a recent work history, and each assistance unit that has income deemed to it from a financially responsible person must complete a monthly MFIP household report form. "Recent work history" means the individual received earned income in the report month or any of the previous three calendar months even if the earnings are excluded. To be complete, the MFIP household report form must be signed and dated by the caregivers no earlier than the last day of the reporting period. All questions required to determine assistance payment eligibility must be answered, and documentation of earned income must be included. 

Subd. 7.Due date of MFIP household report form. 
An MFIP household report form must be received by the county agency by the eighth calendar day of the month following the reporting period covered by the form. When the eighth calendar day of the month falls on a weekend or holiday, the MFIP household report form must be received by the county agency the first working day that follows the eighth calendar day. 

Subd. 8.Late MFIP household report forms. 
(a) Paragraphs (b) to (e) apply to the reporting requirements in subdivision 7. 

(b) When the county agency receives an incomplete MFIP household report form, the county agency must immediately contact the caregiver by phone or in writing to acquire the necessary information to complete the form. 

(c) The automated eligibility system must send a notice of proposed termination of assistance to the assistance unit if a complete MFIP household report form is not received by a county agency. The automated notice must be mailed to the caregiver by approximately the 16th of the month. When a caregiver submits an incomplete form on or after the date a notice of proposed termination has been sent, the termination is valid unless the caregiver submits a complete form before the end of the month. 

(d) An assistance unit required to submit an MFIP household report form is considered to have continued its application for assistance if a complete MFIP household report form is received within a calendar month after the month in which the form was due and assistance shall be paid for the period beginning with the first day of that calendar month. 

(e) A county agency must allow good cause exemptions from the reporting requirements under subdivision 5 when any of the following factors cause a caregiver to fail to provide the county agency with a completed MFIP household report form before the end of the month in which the form is due: 

(1) an employer delays completion of employment verification; 

(2) a county agency does not help a caregiver complete the MFIP household report form when the caregiver asks for help; 

(3) a caregiver does not receive an MFIP household report form due to mistake on the part of the department or the county agency or due to a reported change in address; 

(4) a caregiver is ill, or physically or mentally incapacitated; or 

(5) some other circumstance occurs that a caregiver could not avoid with reasonable care which prevents the caregiver from providing a completed MFIP household report form before the end of the month in which the form is due. 

256J.33 PROSPECTIVE AND RETROSPECTIVE MFIP ELIGIBILITY.Subd. 3.Retrospective eligibility. 
After the first two months of MFIP eligibility, a county agency must continue to determine whether an assistance unit is prospectively eligible for the payment month by looking at all factors other than income and then determine whether the assistance unit is retrospectively income eligible by applying the monthly income test to the income from the budget month. When the monthly income test is not satisfied, the assistance payment must be suspended when ineligibility exists for one month or ended when ineligibility exists for more than one month. 

Subd. 4.Monthly income test. 
A county agency must apply the monthly income test retrospectively for each month of MFIP eligibility. An assistance unit is not eligible when the countable income equals or exceeds the MFIP standard of need or the family wage level for the assistance unit. The income applied against the monthly income test must include: 

(1) gross earned income from employment as described in chapter 256P, prior to mandatory payroll deductions, voluntary payroll deductions, wage authorizations, and after the disregards in section 256J.21, subdivision 4, and the allocations in section 256J.36; 

(2) gross earned income from self-employment less deductions for self-employment expenses in section 256J.37, subdivision 5, but prior to any reductions for personal or business state and federal income taxes, personal FICA, personal health and life insurance, and after the disregards in section 256J.21, subdivision 4, and the allocations in section 256J.36; 

(3) unearned income as described in section 256P.06, subdivision 3, after deductions for allowable expenses in section 256J.37, subdivision 9, and allocations in section 256J.36; 

(4) gross earned income from employment as determined under clause (1) which is received by a member of an assistance unit who is a minor child or minor caregiver and less than a half-time student; 

(5) child support received by an assistance unit, excluded under section 256P.06, subdivision 3, clause (2), item (xvi); 

(6) spousal support received by an assistance unit; 

(7) the income of a parent when that parent is not included in the assistance unit; 

(8) the income of an eligible relative and spouse who seek to be included in the assistance unit; and 

(9) the unearned income of a minor child included in the assistance unit. 

Subd. 5.When to terminate assistance. 
When an assistance unit is ineligible for MFIP assistance for two consecutive months, the county agency must terminate MFIP assistance. 

256J.34 CALCULATING ASSISTANCE PAYMENTS.Subdivision 1.Prospective budgeting. 
A county agency must use prospective budgeting to calculate the assistance payment amount for the first two months for an applicant who has not received assistance in this state for at least one payment month preceding the first month of payment under a current application. Notwithstanding subdivision 3, paragraph (a), clause (2), a county agency must use prospective budgeting for the first two months for a person who applies to be added to an assistance unit. Prospective budgeting is not subject to overpayments or underpayments unless fraud is determined under section 256.98. 

(a) The county agency must apply the income received or anticipated in the first month of MFIP eligibility against the need of the first month. The county agency must apply the income received or anticipated in the second month against the need of the second month. 

(b) When the assistance payment for any part of the first two months is based on anticipated income, the county agency must base the initial assistance payment amount on the information available at the time the initial assistance payment is made. 

(c) The county agency must determine the assistance payment amount for the first two months of MFIP eligibility by budgeting both recurring and nonrecurring income for those two months. 

Subd. 2.Retrospective budgeting. 
The county agency must use retrospective budgeting to calculate the monthly assistance payment amount after the payment for the first two months has been made under subdivision 1. 

Subd. 3.Additional uses of retrospective budgeting. 
Notwithstanding subdivision 1, the county agency must use retrospective budgeting to calculate the monthly assistance payment amount for the first two months under paragraphs (a) and (b). 

(a) The county agency must use retrospective budgeting to determine the amount of the assistance payment in the first two months of MFIP eligibility: 

(1) when an assistance unit applies for assistance for the same month for which assistance has been interrupted, the interruption in eligibility is less than one payment month, the assistance payment for the preceding month was issued in this state, and the assistance payment for the immediately preceding month was determined retrospectively; or 

(2) when a person applies in order to be added to an assistance unit, that assistance unit has received assistance in this state for at least the two preceding months, and that person has been living with and has been financially responsible for one or more members of that assistance unit for at least the two preceding months. 

(b) Except as provided in clauses (1) to (4), the county agency must use retrospective budgeting and apply income received in the budget month by an assistance unit and by a financially responsible household member who is not included in the assistance unit against the MFIP standard of need or family wage level to determine the assistance payment to be issued for the payment month. 

(1) When a source of income ends prior to the third payment month, that income is not considered in calculating the assistance payment for that month. When a source of income ends prior to the fourth payment month, that income is not considered when determining the assistance payment for that month. 

(2) When a member of an assistance unit or a financially responsible household member leaves the household of the assistance unit, the income of that departed household member is not budgeted retrospectively for any full payment month in which that household member does not live with that household and is not included in the assistance unit. 

(3) When an individual is removed from an assistance unit because the individual is no longer a minor child, the income of that individual is not budgeted retrospectively for payment months in which that individual is not a member of the assistance unit, except that income of an ineligible child in the household must continue to be budgeted retrospectively against the child's needs when the parent or parents of that child request allocation of their income against any unmet needs of that ineligible child. 

(4) When a person ceases to have financial responsibility for one or more members of an assistance unit, the income of that person is not budgeted retrospectively for the payment months which follow the month in which financial responsibility ends. 

Subd. 4.Significant change in gross income. 
The county agency must recalculate the assistance payment when an assistance unit experiences a significant change, as defined in section 256J.08, resulting in a reduction in the gross income received in the payment month from the gross income received in the budget month. The county agency must issue a supplemental assistance payment based on the county agency's best estimate of the assistance unit's income and circumstances for the payment month. Supplemental assistance payments that result from significant changes are limited to two in a 12-month period regardless of the reason for the change. Notwithstanding any other statute or rule of law, supplementary assistance payments shall not be made when the significant change in income is the result of receipt of a lump sum, receipt of an extra paycheck, business fluctuation in self-employment income, or an assistance unit member's participation in a strike or other labor action. 

256J.37 TREATMENT OF INCOME AND LUMP SUMS.Subd. 10.Treatment of lump sums. 
(a) The agency must treat lump-sum payments as earned or unearned income. If the lump-sum payment is included in the category of income identified in subdivision 9, it must be treated as unearned income. A lump sum is counted as income in the month received and budgeted either prospectively or retrospectively depending on the budget cycle at the time of receipt. When an individual receives a lump-sum payment, that lump sum must be combined with all other earned and unearned income received in the same budget month, and it must be applied according to paragraphs (a) to (c). A lump sum may not be carried over into subsequent months. Any funds that remain in the third month after the month of receipt are counted in the asset limit. 

(b) For a lump sum received by an applicant during the first two months, prospective budgeting is used to determine the payment and the lump sum must be combined with other earned or unearned income received and budgeted in that prospective month. 

(c) For a lump sum received by a participant after the first two months of MFIP eligibility, the lump sum must be combined with other income received in that budget month, and the combined amount must be applied retrospectively against the applicable payment month. 

(d) When a lump sum, combined with other income under paragraphs (b) and (c), is less than the MFIP transitional standard for the appropriate payment month, the assistance payment must be reduced according to the amount of the countable income. When the countable income is greater than the MFIP standard or family wage level, the assistance payment must be suspended for the payment month. 

9530.7000DEFINITIONS. Subpart 1.Scope.  
For the purposes of parts 9530.7000 to 9530.7030, the following terms have the meanings given them. 

Subp. 2.Chemical.  
"Chemical" means alcohol, solvents, and other mood altering substances, including controlled substances as defined in Minnesota Statutes, chapter 152. 

Subp. 5.Chemical dependency treatment services.  
"Chemical dependency treatment services" means services provided by chemical dependency treatment programs licensed according to Minnesota Statutes, chapter 245G, or certified according to parts 2960.0450 to 2960.0490. 

Subp. 6.Client.  
"Client" means an individual who has requested chemical abuse or dependency services, or for whom chemical abuse or dependency services have been requested, from a local agency. 

Subp. 7.Commissioner.  
"Commissioner" means the commissioner of the Minnesota Department of Human Services or the commissioner's designated representative. 

Subp. 8.Behavioral health fund.  
"Behavioral health fund" means money appropriated for payment of chemical dependency treatment services under Minnesota Statutes, chapter 254B. 

Subp. 9.Copayment.  
"Copayment" means the amount an insured person is obligated to pay before the person's third-party payment source is obligated to make a payment, or the amount an insured person is obligated to pay in addition to the amount the person's third-party payment source is obligated to pay. 

Subp. 10.Drug and Alcohol Abuse Normative Evaluation System or DAANES.  
"Drug and Alcohol Abuse Normative Evaluation System" or "DAANES" means the client information system operated by the department's Chemical Dependency Program Division. 

Subp. 11.Department.  
"Department" means the Minnesota Department of Human Services. 

Subp. 13.Income.  
"Income" means the total amount of cash received by an individual from the following sources: 

A.
 cash payments for wages or salaries; 

B.
 cash receipts from nonfarm or farm self-employment, minus deductions allowed by the federal Internal Revenue Service for business or farm expenses; 

C.
 regular cash payments from social security, railroad retirement, unemployment compensation, workers' union funds, veterans' benefits, the Minnesota family investment program, Supplemental Security Income, General Assistance, training stipends, alimony, child support, and military family allotments; 

D.
 cash payments from private pensions, government employee pensions, and regular insurance or annuity payments; 

E.
 cash payments for dividends, interest, rents, or royalties; and 

F.
 periodic cash receipts from estates or trusts. 

Income does not include capital gains; any cash assets drawn down as withdrawals from a bank, the sale of property, a house, or a car; tax refunds, gifts, lump sum inheritances, one time insurance payments, or compensation for injury; court-ordered child support or health insurance premium payments made by the client or responsible relative; and noncash benefits such as health insurance, food or rent received in lieu of wages, and noncash benefits from programs such as Medicare, Medical Assistance, the Supplemental Nutrition Assistance Program, school lunches, and housing assistance. Annual income is the amount reported and verified by an individual as current income calculated prospectively to cover one year. 

Subp. 14.Local agency.  
"Local agency" means the county or multicounty agency authorized under Minnesota Statutes, sections 254B.01, subdivision 5, and 254B.03, subdivision 1, to make placements under the behavioral health fund. 

Subp. 15.Minor child.  
"Minor child" means an individual under the age of 18 years. 

Subp. 17a.Policyholder.  
"Policyholder" means a person who has a third-party payment policy under which a third-party payment source has an obligation to pay all or part of a client's treatment costs. 

Subp. 19.Responsible relative. 
"Responsible relative" means a person who is a member of the client's household and is a client's spouse or the parent of a minor child who is a client. 

Subp. 20.Third-party payment source.  
"Third-party payment source" means a person, entity, or public or private agency other than medical assistance or general assistance medical care that has a probable obligation to pay all or part of the costs of a client's chemical dependency treatment. 

Subp. 21.Vendor.  
"Vendor" means a licensed provider of chemical dependency treatment services that meets the criteria established in Minnesota Statutes, section 254B.05, and that has applied according to part 9505.0195 to participate as a provider in the medical assistance program. 

9530.7005SCOPE AND APPLICABILITY. 
Parts 9530.7000 to 9530.7030 govern the administration of the behavioral health fund, establish the criteria to be applied by local agencies to determine a client's eligibility under the behavioral health fund, and establish a client's obligation to pay for chemical dependency treatment services. 

These parts must be read in conjunction with Minnesota Statutes, chapter 254B, and parts 9530.6600 to 9530.6655. 

9530.7010COUNTY RESPONSIBILITY TO PROVIDE SERVICES. 
The local agency shall provide chemical dependency treatment services to eligible clients who have been assessed and placed by the county according to parts 9530.6600 to 9530.6655 and Minnesota Statutes, chapter 256G. 

9530.7012VENDOR AGREEMENTS. 
When a local agency enters into an agreement with a vendor of chemical dependency treatment services, the agreement must distinguish client per unit room and board costs from per unit chemical dependency treatment services costs. 

For purposes of this part, "chemical dependency treatment services costs" are costs, including related administrative costs, of services that meet the criteria in items A to C: 

A.
 The services are provided within a program licensed according to Minnesota Statutes, chapter 245G, or certified according to parts 2960.0430 to 2960.0490. 

B.
 The services meet the definition of chemical dependency services in Minnesota Statutes, section 254B.01, subdivision 3. 

C.
 The services meet the applicable service standards for licensed chemical dependency treatment programs in item A, but are not under the jurisdiction of the commissioner. 

This part also applies to vendors of room and board services that are provided concurrently with chemical dependency treatment services according to Minnesota Statutes, sections 254B.03, subdivision 2, and 254B.05, subdivision 1. 

This part does not apply when a county contracts for chemical dependency services in an acute care inpatient hospital licensed by the Department of Health under chapter 4640. 

9530.7015CLIENT ELIGIBILITY; BEHAVIORAL HEALTH FUND. Subpart 1.Client eligibility to have treatment totally paid under the behavioral health fund.  
A client who meets the criteria established in item A, B, C, or D shall be eligible to have chemical dependency treatment paid for totally with funds from the behavioral health fund. 

A.
 The client is eligible for MFIP as determined under Minnesota Statutes, chapter 256J. 

B.
 The client is eligible for medical assistance as determined under parts 9505.0010 to 9505.0140. 

C.
 The client is eligible for general assistance, general assistance medical care, or work readiness as determined under parts 9500.1200 to 9500.1272. 

D.
 The client's income is within current household size and income guidelines for entitled persons, as defined in Minnesota Statutes, section 254B.04, subdivision 1, and as determined by the local agency under part 9530.7020, subpart 1. 

Subp. 2a.Third-party payment source and client eligibility for the behavioral health fund.  
Clients who meet the financial eligibility requirement in subpart 1 and who have a third-party payment source are eligible for the behavioral health fund if the third party payment source pays less than 100 percent of the treatment services determined according to parts 9530.6600 to 9530.6655. 

Subp. 4.Client ineligible to have treatment paid for from the behavioral health fund.  
A client who meets the criteria in item A or B shall be ineligible to have chemical dependency treatment services paid for with behavioral health funds. 

A.
 The client has an income that exceeds current household size and income guidelines for entitled persons as defined in Minnesota Statutes, section 254B.04, subdivision 1, and as determined by the local agency under part 9530.7020, subpart 1. 

B.
 The client has an available third-party payment source that will pay the total cost of the client's treatment. 

Subp. 5.Eligibility of clients disenrolled from prepaid health plans.  
A client who is disenrolled from a state prepaid health plan during a treatment episode is eligible for continued treatment service that is paid for by the behavioral health fund, until the treatment episode is completed or the client is re-enrolled in a state prepaid health plan if the client meets the criteria in item A or B. The client must: 

A.
 continue to be enrolled in MinnesotaCare, medical assistance, or general assistance medical care; or 

B.
 be eligible according to subparts 1 and 2a and be determined eligible by a local agency under part 9530.7020. 

Subp. 6. County responsibility.  
When a county commits a client under Minnesota Statutes, chapter 253B, to a regional treatment center for chemical dependency treatment services and the client is ineligible for the behavioral health fund, the county is responsible for the payment to the regional treatment center according to Minnesota Statutes, section 254B.05, subdivision 4. 

9530.7020LOCAL AGENCY TO DETERMINE CLIENT ELIGIBILITY. Subpart 1.Local agency duty to determine client eligibility.  
The local agency shall determine a client's eligibility for the behavioral health fund at the time the client is assessed under parts 9530.6600 to 9530.6655. Client eligibility must be determined using forms prescribed by the department. To determine a client's eligibility, the local agency must determine the client's income, the size of the client's household, the availability of a third-party payment source, and a responsible relative's ability to pay for the client's chemical dependency treatment, as specified in items A to C. 

A.
 The local agency must determine the client's income. A client who is a minor child shall not be deemed to have income available to pay for chemical dependency treatment, unless the minor child is responsible for payment under Minnesota Statutes, section 144.347, for chemical dependency treatment services sought under Minnesota Statutes, section 144.343, subdivision 1. 

B.
 The local agency must determine the client's household size according to subitems (1), (2), and (3). 

(1)
 If the client is a minor child, the household size includes the following persons living in the same dwelling unit: 

(a)
 the client; 

(b)
 the client's birth or adoptive parents; and 

(c)
 the client's siblings who are minors. 

(2)
 If the client is an adult, the household size includes the following persons living in the same dwelling unit: 

(a)
 the client; 

(b)
 the client's spouse; 

(c)
 the client's minor children; and 

(d)
 the client's spouse's minor children. 

(3)
 For purposes of this item, household size includes a person listed in subitems (1) and (2) who is in out-of-home placement if a person listed in subitem (1) or (2) is contributing to the cost of care of the person in out-of-home placement. 

C.
 The local agency must determine the client's current prepaid health plan enrollment, the availability of a third-party payment source, including the availability of total payment, partial payment, and amount of copayment. 

D.
 The local agency must provide the required eligibility information to the department in the manner specified by the department. 

E.
 The local agency shall require the client and policyholder to conditionally assign to the department the client and policyholder's rights and the rights of minor children to benefits or services provided to the client if the department is required to collect from a third-party pay source. 

Subp. 1a.Redetermination of client eligibility.  
The local agency shall redetermine a client's eligibility for CCDTF every six months after the initial eligibility determination, if the client has continued to receive uninterrupted chemical dependency treatment services for that six months. For purposes of this subpart, placement of a client into more than one chemical dependency treatment program in less than ten working days, or placement of a client into a residential chemical dependency treatment program followed by nonresidential chemical dependency treatment services shall be treated as a single placement. 

Subp. 2.Client, responsible relative, and policyholder obligation to cooperate.  
A client, responsible relative, and policyholder shall provide income or wage verification, household size verification, and shall make an assignment of third-party payment rights under subpart 1, item C. If a client, responsible relative, or policyholder does not comply with the provisions of this subpart, the client shall be deemed to be ineligible to have the behavioral health fund pay for his or her chemical dependency treatment, and the client and responsible relative shall be obligated to pay for the full cost of chemical dependency treatment services provided to the client. 

9530.7021PAYMENT AGREEMENTS. 
When the local agency, the client, and the vendor agree that the vendor will accept payment from a third-party payment source for an eligible client's treatment, the local agency, the client, and the vendor shall enter into a third-party payment agreement. The agreement must stipulate that the vendor will accept, as payment in full for services provided to the client, the amount the third-party payor is obligated to pay for services provided to the client. The agreement must be executed in a form prescribed by the commissioner and is not effective unless an authorized representative of each of the three parties has signed it. The local agency shall maintain a record of third-party payment agreements into which the local agency has entered. 

The vendor shall notify the local agency as soon as possible and not less than one business day before discharging a client whose treatment is covered by a payment agreement under this part if the discharge is caused by disruption of the third-party payment. 

9530.7022CLIENT FEES. Subpart 1.Income and household size criteria.  
A client whose household income is within current household size and income guidelines for entitled persons as defined in Minnesota Statutes, section 254B.04, subdivision 1, shall pay no fee. 

9530.7025DENIAL OF PAYMENT. Subpart 1.Denial of payment when required assessment not completed.  
The department shall deny payments from the behavioral health fund to vendors for chemical dependency treatment services provided to clients who have not been assessed and placed by the county in accordance with parts 9530.6600 to 9530.6655. 

Subp. 2.Denial of state participation in behavioral health fund payments when client found not eligible.  
The department shall pay vendors from the behavioral health fund for chemical dependency treatment services provided to clients and shall bill the county for 100 percent of the costs of chemical dependency treatment services as follows: 

A.
 The department shall bill the county for 100 percent of the costs of a client's chemical dependency treatment services when the department determines that the client was not placed in accordance with parts 9530.6600 to 9530.6655. 

B.
 When a county's allocation under Minnesota Statutes, section 254B.02, subdivisions 1 and 2, has been exhausted, and the county's maintenance of effort has been met as required under Minnesota Statutes, section 254B.02, subdivision 3, and the local agency has been notified by the department that the only clients who are eligible to have their treatment paid for from the behavioral health fund are clients who are eligible under part 9530.7015, subpart 1, the department shall bill the county for 100 percent of the costs of a client's chemical dependency treatment services when the department determines that the client was not eligible under part 9530.7015, subpart 1. 

9530.7030VENDOR MUST PARTICIPATE IN DAANES SYSTEM. Subpart 1.Participation a condition of eligibility.  
To be eligible for payment under the behavioral health fund, a vendor must participate in the Drug and Alcohol Normative Evaluation System (DAANES) or submit to the commissioner the information required in DAANES in the format specified by the commissioner.