1.1 	A bill for an act
1.2 	relating to behavioral health; modifying provisions related to mental and behavioral 
1.3 	health care, including service standards, adult and child mental health services 
1.4 	grants, substance use disorder services, supportive housing, and provider 
1.5 	certification and reimbursement; appropriating money; requiring reports;amending 
1.6 	Minnesota Statutes 2022, sections 144.226, by adding a subdivision; 148F.025, 
1.7 	subdivision 2; 245.462, subdivision 6; 245.4663, subdivision 2; 245G.01, by adding 
1.8 	subdivisions; 245G.07, subdivisions 3, 3a; 245G.11, subdivision 7; 245I.02, 
1.9 	subdivisions 17, 19; 245I.04, subdivision 6; 245I.10, subdivision 9; 245I.11, 
1.10 	subdivision 1, by adding a subdivision; 245I.20, subdivision 4; 245I.23, subdivision 
1.11 	14; 256B.0622, subdivisions 2a, 3a, 7a, 7d; 256B.0623, subdivision 5; 256B.0624, 
1.12 	subdivision 7; 256B.0625, subdivision 20; 256B.0757, subdivisions 4a, 4d, 5, by 
1.13 	adding a subdivision; 256B.0943, subdivisions 3, 12; 256B.0947, subdivision 5; 
1.14 	256B.76, subdivision 6; 256I.04, subdivision 2f; Minnesota Statutes 2023 
1.15 	Supplement, sections 245.4889, subdivision 1; 245G.05, subdivision 1; 245G.06, 
1.16 	subdivisions 1, 3, 3a, 4; 254B.04, subdivision 1a; 256.969, subdivision 2b; 
1.17 	256B.0622, subdivisions 7b, 8; 256B.0625, subdivision 5m; 256B.0941, subdivision 
1.18 	3; 256B.0947, subdivision 7; 256B.76, subdivision 1; 256B.761; 256D.01, 
1.19 	subdivision 1a; 256I.05, subdivisions 1a, 11; Laws 2021, First Special Session 
1.20 	chapter 7, article 17, section 12, as amended; Laws 2023, chapter 70, article 20, 
1.21 	section 2, subdivision 29; proposing coding for new law in Minnesota Statutes, 
1.22 	chapters 144; 253B; 256B; repealing Minnesota Statutes 2022, sections 256D.19, 
1.23 	subdivisions 1, 2; 256D.20, subdivisions 1, 2, 3, 4; 256D.23, subdivisions 1, 2, 3; 
1.24 	Minnesota Rules, part 2960.0620, subpart 3.
1.25 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.26 	
ARTICLE 11.27 	MENTAL HEALTH UNIFORM SERVICE STANDARDS

1.28 	Section 1. Minnesota Statutes 2022, section 245I.02, subdivision 17, is amended to read:
1.29 		Subd. 17.Functional assessment. "Functional assessment" means the assessment of a 
1.30 	client's current level of functioning relative to functioning that is appropriate for someone 
1.31 	the client's age. For a client five years of age or younger, a functional assessment is the 
2.1 	Early Childhood Service Intensity Instrument (ESCII). For a client six to 17 years of age, 
2.2 	a functional assessment is the Child and Adolescent Service Intensity Instrument (CASII). 
2.3 	For a client 18 years of age or older, a functional assessment is the functional assessment 
2.4 	described in section 245I.10, subdivision 9.

2.5 	Sec. 2. Minnesota Statutes 2022, section 245I.02, subdivision 19, is amended to read:
2.6 		Subd. 19.Level of care assessment. "Level of care assessment" means the level of care 
2.7 	decision support tool appropriate to the client's age. For a client five years of age or younger, 
2.8 	a level of care assessment is the Early Childhood Service Intensity Instrument (ESCII). For 
2.9 	a client six to 17 years of age, a level of care assessment is the Child and Adolescent Service 
2.10 	Intensity Instrument (CASII). For a client 18 years of age or older, a level of care assessment 
2.11 	is the Level of Care Utilization System for Psychiatric and Addiction Services (LOCUS) 
2.12 	or another tool authorized by the commissioner.

2.13 	Sec. 3. Minnesota Statutes 2022, section 245I.04, subdivision 6, is amended to read:
2.14 		Subd. 6.Clinical trainee qualifications. (a) A clinical trainee is a staff person who: (1) 
2.15 	is enrolled in an accredited graduate program of study to prepare the staff person for 
2.16 	independent licensure as a mental health professional and who is participating in a practicum 
2.17 	or internship with the license holder through the individual's graduate program; or (2) has 
2.18 	completed an accredited graduate program of study to prepare the staff person for independent 
2.19 	licensure as a mental health professional and who is in compliance with the requirements 
2.20 	of the applicable health-related licensing board, including requirements for supervised 
2.21 	practice.; or (3) has completed an accredited graduate program of study to prepare the staff 
2.22 	person for independent licensure as a mental health professional, has completed a practicum 
2.23 	or internship and has not yet taken or received the results from the required test or is waiting 
2.24 	for the final licensure decision.
2.25 	(b) A clinical trainee is responsible for notifying and applying to a health-related licensing 
2.26 	board to ensure that the trainee meets the requirements of the health-related licensing board. 
2.27 	As permitted by a health-related licensing board, treatment supervision under this chapter 
2.28 	may be integrated into a plan to meet the supervisory requirements of the health-related 
2.29 	licensing board but does not supersede those requirements.

2.30 	Sec. 4. Minnesota Statutes 2022, section 245I.10, subdivision 9, is amended to read:
2.31 		Subd. 9.Functional assessment; required elements. (a) When a license holder is 
2.32 	completing a functional assessment for an adult client, the license holder must:
3.1 	(1) complete a functional assessment of the client after completing the client's diagnostic 
3.2 	assessment;
3.3 	(2) use a collaborative process that allows the client and the client's family and other 
3.4 	natural supports, the client's referral sources, and the client's providers to provide information 
3.5 	about how the client's symptoms of mental illness impact the client's functioning;
3.6 	(3) if applicable, document the reasons that the license holder did not contact the client's 
3.7 	family and other natural supports;
3.8 	(4) assess and document how the client's symptoms of mental illness impact the client's 
3.9 	functioning in the following areas:
3.10 	(i) the client's mental health symptoms;
3.11 	(ii) the client's mental health service needs;
3.12 	(iii) the client's substance use;
3.13 	(iv) the client's vocational and educational functioning;
3.14 	(v) the client's social functioning, including the use of leisure time;
3.15 	(vi) the client's interpersonal functioning, including relationships with the client's family 
3.16 	and other natural supports;
3.17 	(vii) the client's ability to provide self-care and live independently;
3.18 	(viii) the client's medical and dental health;
3.19 	(ix) the client's financial assistance needs; and
3.20 	(x) the client's housing and transportation needs;
3.21 	(5) include a narrative summarizing the client's strengths, resources, and all areas of 
3.22 	functional impairment;
3.23 	(6) (5) complete the client's functional assessment before the client's initial individual 
3.24 	treatment plan unless a service specifies otherwise; and
3.25 	(7) (6) update the client's functional assessment with the client's current functioning 
3.26 	whenever there is a significant change in the client's functioning or at least every 180 365
3.27 	days, unless a service specifies otherwise.
3.28 	(b) A license holder may use any available, validated measurement tool, including but 
3.29 	not limited to the Daily Living Activities-20, when completing the required elements of a 
3.30 	functional assessment under this subdivision.

4.1 	Sec. 5. Minnesota Statutes 2022, section 245I.11, subdivision 1, is amended to read:
4.2 		Subdivision 1.Generally. (a) If a license holder is licensed as a residential program, 
4.3 	stores or administers client medications, or observes clients self-administer medications, 
4.4 	the license holder must ensure that a staff person who is a registered nurse or licensed 
4.5 	prescriber is responsible for overseeing storage and administration of client medications 
4.6 	and observing as a client self-administers medications, including training according to 
4.7 	section 245I.05, subdivision 6, and documenting the occurrence according to section 245I.08, 
4.8 	subdivision 5.
4.9 	(b) For purposes of this section, "observed self-administration" means the preparation 
4.10 	and administration of a medication by a client to themselves under the direct supervision 
4.11 	of a registered nurse or a staff member to whom a registered nurse delegates supervision 
4.12 	duty. Observed self-administration does not include a client's use of a medication that they 
4.13 	keep in their own possession while participating in a program.

4.14 	Sec. 6. Minnesota Statutes 2022, section 245I.11, is amended by adding a subdivision to 
4.15 	read:
4.16 		Subd. 6.Medication administration in children's day treatment settings. (a) For a 
4.17 	program providing children's day treatment services under section 256B.0943, the license 
4.18 	holder must maintain policies and procedures that state whether the program will store 
4.19 	medication and administer or allow observed self-administration.
4.20 	(b) For a program providing children's day treatment services under section 256B.0943 
4.21 	that does not store medications but allows clients to use a medication that they keep in their 
4.22 	own possession while participating in a program, the license holder must maintain 
4.23 	documentation from a licensed prescriber regarding the safety of medications held by clients, 
4.24 	including:
4.25 	(1) an evaluation that the client is capable of holding and administering the medication 
4.26 	safely;
4.27 	(2) an evaluation of whether the medication is prone to diversion, misuse, or self-injury; 
4.28 	and
4.29 	(3) any conditions under which the license holder should no longer allow the client to 
4.30 	maintain the medication in their own possession.

5.1 	Sec. 7. Minnesota Statutes 2022, section 245I.20, subdivision 4, is amended to read:
5.2 		Subd. 4.Minimum staffing standards. (a) A certification holder's treatment team must 
5.3 	consist of at least four mental health professionals. At least two of the mental health 
5.4 	professionals must be employed by or under contract with the mental health clinic for a 
5.5 	minimum of 35 hours per week each. Each of the two mental health professionals must 
5.6 	specialize in a different mental health discipline.
5.7 	(b) The treatment team must include:
5.8 	(1) a physician qualified as a mental health professional according to section 245I.04, 
5.9 	subdivision 2, clause (4), or a nurse qualified as a mental health professional according to 
5.10 	section 245I.04, subdivision 2, clause (1); and
5.11 	(2) a psychologist qualified as a mental health professional according to section 245I.04, 
5.12 	subdivision 2, clause (3).
5.13 	(c) The staff persons fulfilling the requirement in paragraph (b) must provide clinical 
5.14 	services at least:
5.15 	(1) eight hours every two weeks if the mental health clinic has over 25.0 full-time 
5.16 	equivalent treatment team members;
5.17 	(2) eight hours each month if the mental health clinic has 15.1 to 25.0 full-time equivalent 
5.18 	treatment team members;
5.19 	(3) four hours each month if the mental health clinic has 5.1 to 15.0 full-time equivalent 
5.20 	treatment team members; or
5.21 	(4) two hours each month if the mental health clinic has 2.0 to 5.0 full-time equivalent 
5.22 	treatment team members or only provides in-home services to clients.
5.23 	(d) The certification holder must maintain a record that demonstrates compliance with 
5.24 	this subdivision.

5.25 	Sec. 8. Minnesota Statutes 2022, section 245I.23, subdivision 14, is amended to read:
5.26 		Subd. 14.Weekly team meetings. (a) The license holder must hold weekly team meetings 
5.27 	and ancillary meetings according to this subdivision.
5.28 	(b) A mental health professional or certified rehabilitation specialist must hold at least 
5.29 	one team meeting each calendar week and. The mental health professional or certified 
5.30 	rehabilitation specialist must be physically present at the team meeting, except as permitted 
5.31 	under paragraph (d). All treatment team members, including treatment team members who 
6.1 	work on a part-time or intermittent basis, must participate in a minimum of one team meeting 
6.2 	during each calendar week when the treatment team member is working for the license 
6.3 	holder. The license holder must document all weekly team meetings, including the names 
6.4 	of meeting attendees, and indicate whether the meeting was conducted remotely under 
6.5 	paragraph (d).
6.6 	(c) If a treatment team member cannot participate in a weekly team meeting, the treatment 
6.7 	team member must participate in an ancillary meeting. A mental health professional, certified 
6.8 	rehabilitation specialist, clinical trainee, or mental health practitioner who participated in 
6.9 	the most recent weekly team meeting may lead the ancillary meeting. During the ancillary 
6.10 	meeting, the treatment team member leading the ancillary meeting must review the 
6.11 	information that was shared at the most recent weekly team meeting, including revisions 
6.12 	to client treatment plans and other information that the treatment supervisors exchanged 
6.13 	with treatment team members. The license holder must document all ancillary meetings, 
6.14 	including the names of meeting attendees.
6.15 	(d) A license holder may permit one weekly meeting to occur remotely and without 
6.16 	physical presence due to illness or weather conditions. If the conditions that prevent physical 
6.17 	presence persist for longer than one week, the license holder must request a variance to 
6.18 	conduct additional meetings remotely.

6.19 	
ARTICLE 26.20 	ADULT MENTAL HEALTH SERVICES

6.21 	Section 1. Minnesota Statutes 2022, section 245.462, subdivision 6, is amended to read:
6.22 		Subd. 6.Community support services program. "Community support services program" 
6.23 	means services, other than inpatient or residential treatment services, provided or coordinated 
6.24 	by an identified program and staff under the treatment supervision of a mental health 
6.25 	professional designed to help adults with serious and persistent mental illness to function 
6.26 	and remain in the community. A community support services program includes:
6.27 	(1) client outreach,
6.28 	(2) medication monitoring,
6.29 	(3) assistance in independent living skills,
6.30 	(4) development of employability and work-related opportunities,
6.31 	(5) crisis assistance,
6.32 	(6) psychosocial rehabilitation,
7.1 	(7) help in applying for government benefits, and
7.2 	(8) housing support services.
7.3 	The community support services program must be coordinated with the case management 
7.4 	services specified in section 245.4711. A program that meets the accreditation standards 
7.5 	for Clubhouse International model programs meets the requirements of this subdivision.

7.6 	Sec. 2. [253B.042] ENGAGEMENT SERVICES PILOT GRANTS.
7.7 		Subdivision 1.Creation. The engagement services pilot grant program is established 
7.8 	in the Department of Human Services, to provide grants to counties or certified community 
7.9 	behavioral health centers to provide engagement services under section 253B.041. 
7.10 	Engagement services provide culturally responsive, person-centered early interventions to 
7.11 	prevent an individual from meeting the criteria for civil commitment and promote positive 
7.12 	outcomes.
7.13 		Subd. 2.Allowable grant activities. (a) Grantees must use grant money to:
7.14 	(1) develop a system to respond to requests for engagement services;
7.15 	(2) provide the following engagement services, taking into account an individual's 
7.16 	preferences for treatment services and supports:
7.17 	(i) assertive attempts to engage an individual in voluntary treatment for mental illness 
7.18 	for at least 90 days;
7.19 	(ii) efforts to engage an individual's existing support systems and interested persons, 
7.20 	including but not limited to providing education on restricting means of harm and suicide 
7.21 	prevention, when the provider determines that such engagement would be helpful; and
7.22 	(iii) collaboration with the individual to meet the individual's immediate needs, including 
7.23 	but not limited to housing access, food and income assistance, disability verification, 
7.24 	medication management, and medical treatment;
7.25 	(3) conduct outreach to families and providers; and
7.26 	(4) evaluate the impact of engagement services on decreasing civil commitments, 
7.27 	increasing engagement in treatment, decreasing police involvement with individuals 
7.28 	exhibiting symptoms of serious mental illness, and other measures.
7.29 	(b) Engagement services staff must have completed training on person-centered care. 
7.30 	Staff may include but are not limited to mobile crisis providers under section 256B.0624, 
8.1 	certified peer specialists under section 256B.0615, community-based treatment programs 
8.2 	staff, and homeless outreach workers.
8.3 		Subd. 3.Outcome evaluation. The commissioner of management and budget must 
8.4 	formally evaluate outcomes of grants awarded under this section, using an experimental or 
8.5 	quasi-experimental design. The commissioner shall consult with the commissioner of 
8.6 	management and budget to ensure that grants are administered to facilitate this evaluation. 
8.7 	Grantees must collect and provide the information needed to the commissioner of human 
8.8 	services to complete the evaluation. The commissioner must provide the information collected 
8.9 	to the commissioner of management and budget to conduct the evaluation. The commissioner 
8.10 	of management and budget may obtain additional relevant data to support the evaluation 
8.11 	study pursuant to section 15.08.

8.12 	Sec. 3. Minnesota Statutes 2022, section 256B.0622, subdivision 2a, is amended to read:
8.13 		Subd. 2a.Eligibility for assertive community treatment. (a) An eligible client for 
8.14 	assertive community treatment is an individual who meets the following criteria as assessed 
8.15 	by an ACT team:
8.16 	(1) is age 18 or older. Individuals ages 16 and 17 may be eligible upon approval by the 
8.17 	commissioner;
8.18 	(2) has a primary diagnosis of schizophrenia, schizoaffective disorder, major depressive 
8.19 	disorder with psychotic features, other psychotic disorders, or bipolar disorder. Individuals 
8.20 	with other psychiatric illnesses may qualify for assertive community treatment if they have 
8.21 	a serious mental illness and meet the criteria outlined in clauses (3) and (4), but no more 
8.22 	than ten percent of an ACT team's clients may be eligible based on this criteria. Individuals 
8.23 	with a primary diagnosis of a substance use disorder, intellectual developmental disabilities, 
8.24 	borderline personality disorder, antisocial personality disorder, traumatic brain injury, or 
8.25 	an autism spectrum disorder are not eligible for assertive community treatment;
8.26 	(3) has significant functional impairment as demonstrated by at least one of the following 
8.27 	conditions:
8.28 	(i) significant difficulty consistently performing the range of routine tasks required for 
8.29 	basic adult functioning in the community or persistent difficulty performing daily living 
8.30 	tasks without significant support or assistance;
8.31 	(ii) significant difficulty maintaining employment at a self-sustaining level or significant 
8.32 	difficulty consistently carrying out the head-of-household responsibilities; or
8.33 	(iii) significant difficulty maintaining a safe living situation;
9.1 	(4) has a need for continuous high-intensity services as evidenced by at least two of the 
9.2 	following:
9.3 	(i) two or more psychiatric hospitalizations or residential crisis stabilization services in 
9.4 	the previous 12 months;
9.5 	(ii) frequent utilization of mental health crisis services in the previous six months;
9.6 	(iii) 30 or more consecutive days of psychiatric hospitalization in the previous 24 months;
9.7 	(iv) intractable, persistent, or prolonged severe psychiatric symptoms;
9.8 	(v) coexisting mental health and substance use disorders lasting at least six months;
9.9 	(vi) recent history of involvement with the criminal justice system or demonstrated risk 
9.10 	of future involvement;
9.11 	(vii) significant difficulty meeting basic survival needs;
9.12 	(viii) residing in substandard housing, experiencing homelessness, or facing imminent 
9.13 	risk of homelessness;
9.14 	(ix) significant impairment with social and interpersonal functioning such that basic 
9.15 	needs are in jeopardy;
9.16 	(x) coexisting mental health and physical health disorders lasting at least six months;
9.17 	(xi) residing in an inpatient or supervised community residence but clinically assessed 
9.18 	to be able to live in a more independent living situation if intensive services are provided;
9.19 	(xii) requiring a residential placement if more intensive services are not available; or
9.20 	(xiii) difficulty effectively using traditional office-based outpatient services;
9.21 	(5) there are no indications that other available community-based services would be 
9.22 	equally or more effective as evidenced by consistent and extensive efforts to treat the 
9.23 	individual; and
9.24 	(6) in the written opinion of a licensed mental health professional, has the need for mental 
9.25 	health services that cannot be met with other available community-based services, or is 
9.26 	likely to experience a mental health crisis or require a more restrictive setting if assertive 
9.27 	community treatment is not provided.
9.28 	(b) An individual meets the criteria for assertive community treatment under this section 
9.29 	immediately following participation in a first episode of psychosis program if the individual:
10.1 	(1) meets the eligibility requirements outlined in paragraph (a), clauses (1), (2), (5), and 
10.2 	(6);
10.3 	(2) is currently participating in a first episode of psychosis program under section 
10.4 	245.4905; and
10.5 	(3) needs the level of intensity provided by an ACT team, in the opinion of the individual's 
10.6 	first episode of psychosis program, in order to prevent crisis services, hospitalization, 
10.7 	homelessness, and involvement with the criminal justice system.

10.8 	Sec. 4. Minnesota Statutes 2022, section 256B.0622, subdivision 3a, is amended to read:
10.9 		Subd. 3a.Provider certification and contract requirements for assertive community 
10.10 	treatment. (a) The assertive community treatment provider must:
10.11 	(1) have a contract with the host county to provide assertive community treatment 
10.12 	services; and
10.13 	(2) have each ACT team be certified by the state following the certification process and 
10.14 	procedures developed by the commissioner. The certification process determines whether 
10.15 	the ACT team meets the standards for assertive community treatment under this section, 
10.16 	the standards in chapter 245I as required in section 245I.011, subdivision 5, and minimum 
10.17 	program fidelity standards as measured by a nationally recognized fidelity tool approved 
10.18 	by the commissioner. Recertification must occur at least every three years.
10.19 	(b) An ACT team certified under this subdivision must meet the following standards:
10.20 	(1) have capacity to recruit, hire, manage, and train required ACT team members;
10.21 	(2) have adequate administrative ability to ensure availability of services;
10.22 	(3) ensure flexibility in service delivery to respond to the changing and intermittent care 
10.23 	needs of a client as identified by the client and the individual treatment plan;
10.24 	(4) keep all necessary records required by law;
10.25 	(5) be an enrolled Medicaid provider; and
10.26 	(6) establish and maintain a quality assurance plan to determine specific service outcomes 
10.27 	and the client's satisfaction with services.
10.28 	(c) The commissioner may intervene at any time and decertify an ACT team with cause. 
10.29 	The commissioner shall establish a process for decertification of an ACT team and shall 
10.30 	require corrective action, medical assistance repayment, or decertification of an ACT team 
10.31 	that no longer meets the requirements in this section or that fails to meet the clinical quality 
11.1 	standards or administrative standards provided by the commissioner in the application and 
11.2 	certification process. The decertification is subject to appeal to the state.

11.3 	Sec. 5. Minnesota Statutes 2022, section 256B.0622, subdivision 7a, is amended to read:
11.4 		Subd. 7a.Assertive community treatment team staff requirements and roles. (a) 
11.5 	The required treatment staff qualifications and roles for an ACT team are:
11.6 	(1) the team leader:
11.7 	(i) shall be a mental health professional. Individuals who are not licensed but who are 
11.8 	eligible for licensure and are otherwise qualified may also fulfill this role but must obtain 
11.9 	full licensure within 24 months of assuming the role of team leader;
11.10 	(ii) must be an active member of the ACT team and provide some direct services to 
11.11 	clients;
11.12 	(iii) must be a single full-time staff member, dedicated to the ACT team, who is 
11.13 	responsible for overseeing the administrative operations of the team, providing treatment 
11.14 	supervision of services in conjunction with the psychiatrist or psychiatric care provider, and 
11.15 	supervising team members to ensure delivery of best and ethical practices; and
11.16 	(iv) must be available to provide ensure that overall treatment supervision to the ACT 
11.17 	team is available after regular business hours and on weekends and holidays. The team 
11.18 	leader may delegate this duty to another and is provided by a qualified member of the ACT 
11.19 	team;
11.20 	(2) the psychiatric care provider:
11.21 	(i) must be a mental health professional permitted to prescribe psychiatric medications 
11.22 	as part of the mental health professional's scope of practice. The psychiatric care provider 
11.23 	must have demonstrated clinical experience working with individuals with serious and 
11.24 	persistent mental illness;
11.25 	(ii) shall collaborate with the team leader in sharing overall clinical responsibility for 
11.26 	screening and admitting clients; monitoring clients' treatment and team member service 
11.27 	delivery; educating staff on psychiatric and nonpsychiatric medications, their side effects, 
11.28 	and health-related conditions; actively collaborating with nurses; and helping provide 
11.29 	treatment supervision to the team;
11.30 	(iii) shall fulfill the following functions for assertive community treatment clients: 
11.31 	provide assessment and treatment of clients' symptoms and response to medications, including 
11.32 	side effects; provide brief therapy to clients; provide diagnostic and medication education 
12.1 	to clients, with medication decisions based on shared decision making; monitor clients' 
12.2 	nonpsychiatric medical conditions and nonpsychiatric medications; and conduct home and 
12.3 	community visits;
12.4 	(iv) shall serve as the point of contact for psychiatric treatment if a client is hospitalized 
12.5 	for mental health treatment and shall communicate directly with the client's inpatient 
12.6 	psychiatric care providers to ensure continuity of care;
12.7 	(v) shall have a minimum full-time equivalency that is prorated at a rate of 16 hours per 
12.8 	50 clients. Part-time psychiatric care providers shall have designated hours to work on the 
12.9 	team, with sufficient blocks of time on consistent days to carry out the provider's clinical, 
12.10 	supervisory, and administrative responsibilities. No more than two psychiatric care providers 
12.11 	may share this role; and
12.12 	(vi) shall provide psychiatric backup to the program after regular business hours and on 
12.13 	weekends and holidays. The psychiatric care provider may delegate this duty to another 
12.14 	qualified psychiatric provider;
12.15 	(3) the nursing staff:
12.16 	(i) shall consist of one to three registered nurses or advanced practice registered nurses, 
12.17 	of whom at least one has a minimum of one-year experience working with adults with 
12.18 	serious mental illness and a working knowledge of psychiatric medications. No more than 
12.19 	two individuals can share a full-time equivalent position;
12.20 	(ii) are responsible for managing medication, administering and documenting medication 
12.21 	treatment, and managing a secure medication room; and
12.22 	(iii) shall develop strategies, in collaboration with clients, to maximize taking medications 
12.23 	as prescribed; screen and monitor clients' mental and physical health conditions and 
12.24 	medication side effects; engage in health promotion, prevention, and education activities; 
12.25 	communicate and coordinate services with other medical providers; facilitate the development 
12.26 	of the individual treatment plan for clients assigned; and educate the ACT team in monitoring 
12.27 	psychiatric and physical health symptoms and medication side effects;
12.28 	(4) the co-occurring disorder specialist:
12.29 	(i) shall be a full-time equivalent co-occurring disorder specialist who has received 
12.30 	specific training on co-occurring disorders that is consistent with national evidence-based 
12.31 	practices. The training must include practical knowledge of common substances and how 
12.32 	they affect mental illnesses, the ability to assess substance use disorders and the client's 
12.33 	stage of treatment, motivational interviewing, and skills necessary to provide counseling to 
13.1 	clients at all different stages of change and treatment. The co-occurring disorder specialist 
13.2 	may also be an individual who is a licensed alcohol and drug counselor as described in 
13.3 	section 148F.01, subdivision 5, or a counselor who otherwise meets the training, experience, 
13.4 	and other requirements in section 245G.11, subdivision 5. No more than two co-occurring 
13.5 	disorder specialists may occupy this role; and
13.6 	(ii) shall provide or facilitate the provision of co-occurring disorder treatment to clients. 
13.7 	The co-occurring disorder specialist shall serve as a consultant and educator to fellow ACT 
13.8 	team members on co-occurring disorders;
13.9 	(5) the vocational specialist:
13.10 	(i) shall be a full-time vocational specialist who has at least one-year experience providing 
13.11 	employment services or advanced education that involved field training in vocational services 
13.12 	to individuals with mental illness. An individual who does not meet these qualifications 
13.13 	may also serve as the vocational specialist upon completing a training plan approved by the 
13.14 	commissioner;
13.15 	(ii) shall provide or facilitate the provision of vocational services to clients. The vocational 
13.16 	specialist serves as a consultant and educator to fellow ACT team members on these services; 
13.17 	and
13.18 	(iii) must not refer individuals to receive any type of vocational services or linkage by 
13.19 	providers outside of the ACT team;
13.20 	(6) the mental health certified peer specialist:
13.21 	(i) shall be a full-time equivalent. No more than two individuals can share this position. 
13.22 	The mental health certified peer specialist is a fully integrated team member who provides 
13.23 	highly individualized services in the community and promotes the self-determination and 
13.24 	shared decision-making abilities of clients. This requirement may be waived due to workforce 
13.25 	shortages upon approval of the commissioner;
13.26 	(ii) must provide coaching, mentoring, and consultation to the clients to promote recovery, 
13.27 	self-advocacy, and self-direction, promote wellness management strategies, and assist clients 
13.28 	in developing advance directives; and
13.29 	(iii) must model recovery values, attitudes, beliefs, and personal action to encourage 
13.30 	wellness and resilience, provide consultation to team members, promote a culture where 
13.31 	the clients' points of view and preferences are recognized, understood, respected, and 
13.32 	integrated into treatment, and serve in a manner equivalent to other team members;
14.1 	(7) the program administrative assistant shall be a full-time office-based program 
14.2 	administrative assistant position assigned to solely work with the ACT team, providing a 
14.3 	range of supports to the team, clients, and families; and
14.4 	(8) additional staff:
14.5 	(i) shall be based on team size. Additional treatment team staff may include mental 
14.6 	health professionals; clinical trainees; certified rehabilitation specialists; mental health 
14.7 	practitioners; or mental health rehabilitation workers. These individuals shall have the 
14.8 	knowledge, skills, and abilities required by the population served to carry out rehabilitation 
14.9 	and support functions; and
14.10 	(ii) shall be selected based on specific program needs or the population served.
14.11 	(b) Each ACT team must clearly document schedules for all ACT team members.
14.12 	(c) Each ACT team member must serve as a primary team member for clients assigned 
14.13 	by the team leader and are responsible for facilitating the individual treatment plan process 
14.14 	for those clients. The primary team member for a client is the responsible team member 
14.15 	knowledgeable about the client's life and circumstances and writes the individual treatment 
14.16 	plan. The primary team member provides individual supportive therapy or counseling, and 
14.17 	provides primary support and education to the client's family and support system.
14.18 	(d) Members of the ACT team must have strong clinical skills, professional qualifications, 
14.19 	experience, and competency to provide a full breadth of rehabilitation services. Each staff 
14.20 	member shall be proficient in their respective discipline and be able to work collaboratively 
14.21 	as a member of a multidisciplinary team to deliver the majority of the treatment, 
14.22 	rehabilitation, and support services clients require to fully benefit from receiving assertive 
14.23 	community treatment.
14.24 	(e) Each ACT team member must fulfill training requirements established by the 
14.25 	commissioner.

14.26 	Sec. 6. Minnesota Statutes 2023 Supplement, section 256B.0622, subdivision 7b, is 
14.27 	amended to read:
14.28 		Subd. 7b.Assertive community treatment program size and opportunities scores. (a)
14.29 	Each ACT team shall maintain an annual average caseload that does not exceed 100 clients. 
14.30 	Staff-to-client ratios shall be based on team size as follows: must demonstrate that the team 
14.31 	attained a passing score according to the most recently issued Tool for Measurement of 
14.32 	Assertive Community Treatment (TMACT).
15.1 	(1) a small ACT team must:
15.2 	(i) employ at least six but no more than seven full-time treatment team staff, excluding 
15.3 	the program assistant and the psychiatric care provider;
15.4 	(ii) serve an annual average maximum of no more than 50 clients;
15.5 	(iii) ensure at least one full-time equivalent position for every eight clients served;
15.6 	(iv) schedule ACT team staff on weekdays and on-call duty to provide crisis services 
15.7 	and deliver services after hours when staff are not working;
15.8 	(v) provide crisis services during business hours if the small ACT team does not have 
15.9 	sufficient staff numbers to operate an after-hours on-call system. During all other hours, 
15.10 	the ACT team may arrange for coverage for crisis assessment and intervention services 
15.11 	through a reliable crisis-intervention provider as long as there is a mechanism by which the 
15.12 	ACT team communicates routinely with the crisis-intervention provider and the on-call 
15.13 	ACT team staff are available to see clients face-to-face when necessary or if requested by 
15.14 	the crisis-intervention services provider;
15.15 	(vi) adjust schedules and provide staff to carry out the needed service activities in the 
15.16 	evenings or on weekend days or holidays, when necessary;
15.17 	(vii) arrange for and provide psychiatric backup during all hours the psychiatric care 
15.18 	provider is not regularly scheduled to work. If availability of the ACT team's psychiatric 
15.19 	care provider during all hours is not feasible, alternative psychiatric prescriber backup must 
15.20 	be arranged and a mechanism of timely communication and coordination established in 
15.21 	writing; and
15.22 	(viii) be composed of, at minimum, one full-time team leader, at least 16 hours each 
15.23 	week per 50 clients of psychiatric provider time, or equivalent if fewer clients, one full-time 
15.24 	equivalent nursing, one full-time co-occurring disorder specialist, one full-time equivalent 
15.25 	mental health certified peer specialist, one full-time vocational specialist, one full-time 
15.26 	program assistant, and at least one additional full-time ACT team member who has mental 
15.27 	health professional, certified rehabilitation specialist, clinical trainee, or mental health 
15.28 	practitioner status; and
15.29 	(2) a midsize ACT team shall:
15.30 	(i) be composed of, at minimum, one full-time team leader, at least 16 hours of psychiatry 
15.31 	time for 51 clients, with an additional two hours for every six clients added to the team, 1.5 
15.32 	to two full-time equivalent nursing staff, one full-time co-occurring disorder specialist, one 
15.33 	full-time equivalent mental health certified peer specialist, one full-time vocational specialist, 
16.1 	one full-time program assistant, and at least 1.5 to two additional full-time equivalent ACT 
16.2 	members, with at least one dedicated full-time staff member with mental health professional 
16.3 	status. Remaining team members may have mental health professional, certified rehabilitation 
16.4 	specialist, clinical trainee, or mental health practitioner status;
16.5 	(ii) employ seven or more treatment team full-time equivalents, excluding the program 
16.6 	assistant and the psychiatric care provider;
16.7 	(iii) serve an annual average maximum caseload of 51 to 74 clients;
16.8 	(iv) ensure at least one full-time equivalent position for every nine clients served;
16.9 	(v) schedule ACT team staff for a minimum of ten-hour shift coverage on weekdays 
16.10 	and six- to eight-hour shift coverage on weekends and holidays. In addition to these minimum 
16.11 	specifications, staff are regularly scheduled to provide the necessary services on a 
16.12 	client-by-client basis in the evenings and on weekends and holidays;
16.13 	(vi) schedule ACT team staff on-call duty to provide crisis services and deliver services 
16.14 	when staff are not working;
16.15 	(vii) have the authority to arrange for coverage for crisis assessment and intervention 
16.16 	services through a reliable crisis-intervention provider as long as there is a mechanism by 
16.17 	which the ACT team communicates routinely with the crisis-intervention provider and the 
16.18 	on-call ACT team staff are available to see clients face-to-face when necessary or if requested 
16.19 	by the crisis-intervention services provider; and
16.20 	(viii) arrange for and provide psychiatric backup during all hours the psychiatric care 
16.21 	provider is not regularly scheduled to work. If availability of the psychiatric care provider 
16.22 	during all hours is not feasible, alternative psychiatric prescriber backup must be arranged 
16.23 	and a mechanism of timely communication and coordination established in writing;
16.24 	(3) a large ACT team must:
16.25 	(i) be composed of, at minimum, one full-time team leader, at least 32 hours each week 
16.26 	per 100 clients, or equivalent of psychiatry time, three full-time equivalent nursing staff, 
16.27 	one full-time co-occurring disorder specialist, one full-time equivalent mental health certified 
16.28 	peer specialist, one full-time vocational specialist, one full-time program assistant, and at 
16.29 	least two additional full-time equivalent ACT team members, with at least one dedicated 
16.30 	full-time staff member with mental health professional status. Remaining team members 
16.31 	may have mental health professional or mental health practitioner status;
16.32 	(ii) employ nine or more treatment team full-time equivalents, excluding the program 
16.33 	assistant and psychiatric care provider;
17.1 	(iii) serve an annual average maximum caseload of 75 to 100 clients;
17.2 	(iv) ensure at least one full-time equivalent position for every nine individuals served;
17.3 	(v) schedule staff to work two eight-hour shifts, with a minimum of two staff on the 
17.4 	second shift providing services at least 12 hours per day weekdays. For weekends and 
17.5 	holidays, the team must operate and schedule ACT team staff to work one eight-hour shift, 
17.6 	with a minimum of two staff each weekend day and every holiday;
17.7 	(vi) schedule ACT team staff on-call duty to provide crisis services and deliver services 
17.8 	when staff are not working; and
17.9 	(vii) arrange for and provide psychiatric backup during all hours the psychiatric care 
17.10 	provider is not regularly scheduled to work. If availability of the ACT team psychiatric care 
17.11 	provider during all hours is not feasible, alternative psychiatric backup must be arranged 
17.12 	and a mechanism of timely communication and coordination established in writing.
17.13 	(b) An ACT team of any size may have a staff-to-client ratio that is lower than the 
17.14 	requirements described in paragraph (a) upon approval by the commissioner, but may not 
17.15 	exceed a one-to-ten staff-to-client ratio.

17.16 	Sec. 7. Minnesota Statutes 2022, section 256B.0622, subdivision 7d, is amended to read:
17.17 		Subd. 7d.Assertive community treatment assessment and individual treatment 
17.18 	plan. (a) An initial assessment shall be completed the day of the client's admission to 
17.19 	assertive community treatment by the ACT team leader or the psychiatric care provider, 
17.20 	with participation by designated ACT team members and the client. The initial assessment 
17.21 	must include obtaining or completing a standard diagnostic assessment according to section 
17.22 	245I.10, subdivision 6, and completing a 30-day individual treatment plan. The team leader, 
17.23 	psychiatric care provider, or other mental health professional designated by the team leader 
17.24 	or psychiatric care provider, must update the client's diagnostic assessment at least annually
17.25 	as required under section 245I.10, subdivision 2, paragraphs (f) and (g).
17.26 	(b) A functional assessment must be completed according to section 245I.10, subdivision 
17.27 	9. Each part of the functional assessment areas shall be completed by each respective team 
17.28 	specialist or an ACT team member with skill and knowledge in the area being assessed.
17.29 	(c) Between 30 and 45 days after the client's admission to assertive community treatment, 
17.30 	the entire ACT team must hold a comprehensive case conference, where all team members, 
17.31 	including the psychiatric provider, present information discovered from the completed 
17.32 	assessments and provide treatment recommendations. The conference must serve as the 
18.1 	basis for the first individual treatment plan, which must be written by the primary team 
18.2 	member.
18.3 	(d) The client's psychiatric care provider, primary team member, and individual treatment 
18.4 	team members shall assume responsibility for preparing the written narrative of the results 
18.5 	from the psychiatric and social functioning history timeline and the comprehensive 
18.6 	assessment.
18.7 	(e) The primary team member and individual treatment team members shall be assigned 
18.8 	by the team leader in collaboration with the psychiatric care provider by the time of the first 
18.9 	treatment planning meeting or 30 days after admission, whichever occurs first.
18.10 	(f) Individual treatment plans must be developed through the following treatment planning 
18.11 	process:
18.12 	(1) The individual treatment plan shall be developed in collaboration with the client and 
18.13 	the client's preferred natural supports, and guardian, if applicable and appropriate. The ACT 
18.14 	team shall evaluate, together with each client, the client's needs, strengths, and preferences 
18.15 	and develop the individual treatment plan collaboratively. The ACT team shall make every 
18.16 	effort to ensure that the client and the client's family and natural supports, with the client's 
18.17 	consent, are in attendance at the treatment planning meeting, are involved in ongoing 
18.18 	meetings related to treatment, and have the necessary supports to fully participate. The 
18.19 	client's participation in the development of the individual treatment plan shall be documented.
18.20 	(2) The client and the ACT team shall work together to formulate and prioritize the 
18.21 	issues, set goals, research approaches and interventions, and establish the plan. The plan is 
18.22 	individually tailored so that the treatment, rehabilitation, and support approaches and 
18.23 	interventions achieve optimum symptom reduction, help fulfill the personal needs and 
18.24 	aspirations of the client, take into account the cultural beliefs and realities of the individual, 
18.25 	and improve all the aspects of psychosocial functioning that are important to the client. The 
18.26 	process supports strengths, rehabilitation, and recovery.
18.27 	(3) Each client's individual treatment plan shall identify service needs, strengths and 
18.28 	capacities, and barriers, and set specific and measurable short- and long-term goals for each 
18.29 	service need. The individual treatment plan must clearly specify the approaches and 
18.30 	interventions necessary for the client to achieve the individual goals, when the interventions 
18.31 	shall happen, and identify which ACT team member shall carry out the approaches and 
18.32 	interventions.
18.33 	(4) The primary team member and the individual treatment team, together with the client 
18.34 	and the client's family and natural supports with the client's consent, are responsible for 
19.1 	reviewing and rewriting the treatment goals and individual treatment plan whenever there 
19.2 	is a major decision point in the client's course of treatment or at least every six months.
19.3 	(5) The primary team member shall prepare a summary that thoroughly describes in 
19.4 	writing the client's and the individual treatment team's evaluation of the client's progress 
19.5 	and goal attainment, the effectiveness of the interventions, and the satisfaction with services 
19.6 	since the last individual treatment plan. The client's most recent diagnostic assessment must 
19.7 	be included with the treatment plan summary.
19.8 	(6) The individual treatment plan and review must be approved or acknowledged by the 
19.9 	client, the primary team member, the team leader, the psychiatric care provider, and all 
19.10 	individual treatment team members. A copy of the approved individual treatment plan must 
19.11 	be made available to the client.

19.12 	Sec. 8. Minnesota Statutes 2023 Supplement, section 256B.0622, subdivision 8, is amended 
19.13 	to read:
19.14 		Subd. 8.Medical assistance payment for assertive community treatment and 
19.15 	intensive residential treatment services. (a) Payment for intensive residential treatment 
19.16 	services and assertive community treatment in this section shall be based on one daily rate 
19.17 	per provider inclusive of the following services received by an eligible client in a given 
19.18 	calendar day: all rehabilitative services under this section, staff travel time to provide 
19.19 	rehabilitative services under this section, and nonresidential crisis stabilization services 
19.20 	under section 256B.0624.
19.21 	(b) Except as indicated in paragraph (c), payment will not be made to more than one 
19.22 	entity for each client for services provided under this section on a given day. If services 
19.23 	under this section are provided by a team that includes staff from more than one entity, the 
19.24 	team must determine how to distribute the payment among the members.
19.25 	(c) The commissioner shall determine one rate for each provider that will bill medical 
19.26 	assistance for residential services under this section and one rate for each assertive community 
19.27 	treatment provider. If a single entity provides both services, one rate is established for the 
19.28 	entity's residential services and another rate for the entity's nonresidential services under 
19.29 	this section. A provider is not eligible for payment under this section without authorization 
19.30 	from the commissioner. The commissioner shall develop rates using the following criteria:
19.31 	(1) the provider's cost for services shall include direct services costs, other program 
19.32 	costs, and other costs determined as follows:
20.1 	(i) the direct services costs must be determined using actual costs of salaries, benefits, 
20.2 	payroll taxes, and training of direct service staff and service-related transportation;
20.3 	(ii) other program costs not included in item (i) must be determined as a specified 
20.4 	percentage of the direct services costs as determined by item (i). The percentage used shall 
20.5 	be determined by the commissioner based upon the average of percentages that represent 
20.6 	the relationship of other program costs to direct services costs among the entities that provide 
20.7 	similar services;
20.8 	(iii) physical plant costs calculated based on the percentage of space within the program 
20.9 	that is entirely devoted to treatment and programming. This does not include administrative 
20.10 	or residential space;
20.11 	(iv) assertive community treatment physical plant costs must be reimbursed as part of 
20.12 	the costs described in item (ii); and
20.13 	(v) subject to federal approval, up to an additional five percent of the total rate may be 
20.14 	added to the program rate as a quality incentive based upon the entity meeting performance 
20.15 	criteria specified by the commissioner;
20.16 	(vi) for assertive community treatment, intensive residential treatment services, and 
20.17 	adult residential crisis stabilization services, estimated additional direct care staffing 
20.18 	compensation costs, subject to review by the commissioner; and
20.19 	(vii) for intensive residential treatment services and adult residential crisis stabilization 
20.20 	services, estimated new capital costs, subject to review by the commissioner;
20.21 	(2) actual cost is defined as costs which are allowable, allocable, and reasonable, and 
20.22 	consistent with federal reimbursement requirements under Code of Federal Regulations, 
20.23 	title 48, chapter 1, part 31, relating to for-profit entities, and Office of Management and 
20.24 	Budget Circular Number A-122, relating to nonprofit entities;
20.25 	(3) the number of service units;
20.26 	(4) the degree to which clients will receive services other than services under this section; 
20.27 	and
20.28 	(5) the costs of other services that will be separately reimbursed.
20.29 	(d) The rate for intensive residential treatment services and assertive community treatment 
20.30 	must exclude the medical assistance room and board rate, as defined in section 256B.056, 
20.31 	subdivision 5d, and services not covered under this section, such as partial hospitalization, 
20.32 	home care, and inpatient services.
21.1 	(e) Physician services that are not separately billed may be included in the rate to the 
21.2 	extent that a psychiatrist, or other health care professional providing physician services 
21.3 	within their scope of practice, is a member of the intensive residential treatment services 
21.4 	treatment team. Physician services, whether billed separately or included in the rate, may 
21.5 	be delivered by telehealth. For purposes of this paragraph, "telehealth" has the meaning 
21.6 	given to "mental health telehealth" in section 256B.0625, subdivision 46, when telehealth 
21.7 	is used to provide intensive residential treatment services.
21.8 	(f) When services under this section are provided by an assertive community treatment 
21.9 	provider, case management functions must be an integral part of the team.
21.10 	(g) The rate for a provider must not exceed the rate charged by that provider for the 
21.11 	same service to other payors.
21.12 	(h) The rates for existing programs must be established prospectively based upon the 
21.13 	expenditures and utilization over a prior 12-month period using the criteria established in 
21.14 	paragraph (c). The rates for new programs must be established based upon estimated 
21.15 	expenditures and estimated utilization using the criteria established in paragraph (c). For a 
21.16 	rate that was set incorporating the provider's estimated direct care staffing compensation 
21.17 	and new capital costs, the commissioner must reconcile the provider's rate with the provider's 
21.18 	actual costs from the prior 12 months.
21.19 	(i) Effective for the rate years beginning on and after January 1, 2024, rates for assertive 
21.20 	community treatment, adult residential crisis stabilization services, and intensive residential 
21.21 	treatment services must be annually adjusted for inflation using the Centers for Medicare 
21.22 	and Medicaid Services Medicare Economic Index, as forecasted in the fourth quarter of the 
21.23 	calendar year before the rate year. The inflation adjustment must be based on the 12-month 
21.24 	period from the midpoint of the previous rate year to the midpoint of the rate year for which 
21.25 	the rate is being determined.
21.26 	(j) Entities who discontinue providing services must be subject to a settle-up process 
21.27 	whereby actual costs and reimbursement for the previous 12 months are compared. In the 
21.28 	event that the entity was paid more than the entity's actual costs plus any applicable 
21.29 	performance-related funding due the provider, the excess payment must be reimbursed to 
21.30 	the department. If a provider's revenue is less than actual allowed costs due to lower 
21.31 	utilization than projected, the commissioner may reimburse the provider to recover its actual 
21.32 	allowable costs. The resulting adjustments by the commissioner must be proportional to the 
21.33 	percent of total units of service reimbursed by the commissioner and must reflect a difference 
21.34 	of greater than five percent.
22.1 	(k) A provider may request of the commissioner a review of any rate-setting decision 
22.2 	made under this subdivision.

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

22.6 	Sec. 9. Minnesota Statutes 2022, section 256B.0623, subdivision 5, is amended to read:
22.7 		Subd. 5.Qualifications of provider staff.  Adult rehabilitative mental health services 
22.8 	must be provided by qualified individual provider staff of a certified provider entity. 
22.9 	Individual provider staff must be qualified as:
22.10 	(1) a mental health professional who is qualified according to section 245I.04, subdivision 
22.11 	2;
22.12 	(2) a certified rehabilitation specialist who is qualified according to section 245I.04, 
22.13 	subdivision 8;
22.14 	(3) a clinical trainee who is qualified according to section 245I.04, subdivision 6;
22.15 	(4) a mental health practitioner qualified according to section 245I.04, subdivision 4;
22.16 	(5) a mental health certified peer specialist who is qualified according to section 245I.04, 
22.17 	subdivision 10; or
22.18 	(6) a mental health rehabilitation worker who is qualified according to section 245I.04, 
22.19 	subdivision 14.; or
22.20 	(7) a licensed occupational therapist, as defined in section 148.6402, subdivision 14.

22.21 	Sec. 10. Minnesota Statutes 2022, section 256B.0624, subdivision 7, is amended to read:
22.22 		Subd. 7.Crisis stabilization services. (a) Crisis stabilization services must be provided 
22.23 	by qualified staff of a crisis stabilization services provider entity and must meet the following 
22.24 	standards:
22.25 	(1) a crisis treatment plan must be developed that meets the criteria in subdivision 11;
22.26 	(2) staff must be qualified as defined in subdivision 8;
22.27 	(3) crisis stabilization services must be delivered according to the crisis treatment plan 
22.28 	and include face-to-face contact with the recipient by qualified staff for further assessment, 
22.29 	help with referrals, updating of the crisis treatment plan, skills training, and collaboration 
22.30 	with other service providers in the community; and
23.1 	(4) if a provider delivers crisis stabilization services while the recipient is absent, the 
23.2 	provider must document the reason for delivering services while the recipient is absent.
23.3 	(b) If crisis stabilization services are provided in a supervised, licensed residential setting 
23.4 	that serves no more than four adult residents, and one or more individuals are present at the 
23.5 	setting to receive residential crisis stabilization, the residential staff must include, for at 
23.6 	least eight hours per day, at least one mental health professional, clinical trainee, certified 
23.7 	rehabilitation specialist, or mental health practitioner. The commissioner shall establish a 
23.8 	statewide per diem rate for crisis stabilization services provided under this paragraph to 
23.9 	medical assistance enrollees. The rate for a provider shall not exceed the rate charged by 
23.10 	that provider for the same service to other payers. Payment shall not be made to more than 
23.11 	one entity for each individual for services provided under this paragraph on a given day. 
23.12 	The commissioner shall set rates prospectively for the annual rate period. The commissioner 
23.13 	shall require providers to submit annual cost reports on a uniform cost reporting form and 
23.14 	shall use submitted cost reports to inform the rate-setting process. The commissioner shall 
23.15 	recalculate the statewide per diem every year.
23.16 	(c) For crisis stabilization services provided in a supervised, licensed residential setting 
23.17 	that serves more than four adult residents, the commissioner must set prospective rates for 
23.18 	the annual rate period using the same methodology described under section 256B.0622, 
23.19 	subdivision 8, for intensive residential treatment services.

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

23.23 	Sec. 11. Minnesota Statutes 2022, section 256B.0625, subdivision 20, is amended to read:
23.24 		Subd. 20.Mental health case management. (a) To the extent authorized by rule of the 
23.25 	state agency, medical assistance covers case management services to persons with serious 
23.26 	and persistent mental illness and children with severe emotional disturbance. Services 
23.27 	provided under this section must meet the relevant standards in sections 245.461 to 245.4887, 
23.28 	the Comprehensive Adult and Children's Mental Health Acts, Minnesota Rules, parts 
23.29 	9520.0900 to 9520.0926, and 9505.0322, excluding subpart 10.
23.30 	(b) Entities meeting program standards set out in rules governing family community 
23.31 	support services as defined in section 245.4871, subdivision 17, are eligible for medical 
23.32 	assistance reimbursement for case management services for children with severe emotional 
23.33 	disturbance when these services meet the program standards in Minnesota Rules, parts 
23.34 	9520.0900 to 9520.0926 and 9505.0322, excluding subparts 6 and 10.
24.1 	(c) Medical assistance and MinnesotaCare payment for mental health case management 
24.2 	shall be made on a monthly basis. In order to receive payment for an eligible child, the 
24.3 	provider must document at least a face-to-face contact either in person or by interactive 
24.4 	video that meets the requirements of subdivision 20b with the child, the child's parents, or 
24.5 	the child's legal representative. To receive payment for an eligible adult, the provider must 
24.6 	document:
24.7 	(1) at least a face-to-face contact with the adult or the adult's legal representative either 
24.8 	in person or by interactive video that meets the requirements of subdivision 20b; or
24.9 	(2) at least a telephone contact or contact via secure electronic message, if preferred by 
24.10 	the adult client, with the adult or the adult's legal representative and document a face-to-face 
24.11 	contact either in person or by interactive video that meets the requirements of subdivision 
24.12 	20b with the adult or the adult's legal representative within the preceding two months.
24.13 	(d) Payment for mental health case management provided by county or state staff shall 
24.14 	be based on the monthly rate methodology under section 256B.094, subdivision 6, paragraph 
24.15 	(b), with separate rates calculated for child welfare and mental health, and within mental 
24.16 	health, separate rates for children and adults.
24.17 	(e) Payment for mental health case management provided by Indian health services or 
24.18 	by agencies operated by Indian tribes may be made according to this section or other relevant 
24.19 	federally approved rate setting methodology.
24.20 	(f) Payment for mental health case management provided by vendors who contract with 
24.21 	a county must be calculated in accordance with section 256B.076, subdivision 2. Payment 
24.22 	for mental health case management provided by vendors who contract with a Tribe must 
24.23 	be based on a monthly rate negotiated by the Tribe. The rate must not exceed the rate charged 
24.24 	by the vendor for the same service to other payers. If the service is provided by a team of 
24.25 	contracted vendors, the team shall determine how to distribute the rate among its members. 
24.26 	No reimbursement received by contracted vendors shall be returned to the county or tribe, 
24.27 	except to reimburse the county or tribe for advance funding provided by the county or tribe 
24.28 	to the vendor.
24.29 	(g) If the service is provided by a team which includes contracted vendors, tribal staff, 
24.30 	and county or state staff, the costs for county or state staff participation in the team shall be 
24.31 	included in the rate for county-provided services. In this case, the contracted vendor, the 
24.32 	tribal agency, and the county may each receive separate payment for services provided by 
24.33 	each entity in the same month. In order to prevent duplication of services, each entity must 
25.1 	document, in the recipient's file, the need for team case management and a description of 
25.2 	the roles of the team members.
25.3 	(h) Notwithstanding section 256B.19, subdivision 1, the nonfederal share of costs for 
25.4 	mental health case management shall be provided by the recipient's county of responsibility, 
25.5 	as defined in sections 256G.01 to 256G.12, from sources other than federal funds or funds 
25.6 	used to match other federal funds. If the service is provided by a tribal agency, the nonfederal 
25.7 	share, if any, shall be provided by the recipient's tribe. When this service is paid by the state 
25.8 	without a federal share through fee-for-service, 50 percent of the cost shall be provided by 
25.9 	the recipient's county of responsibility.
25.10 	(i) Notwithstanding any administrative rule to the contrary, prepaid medical assistance 
25.11 	and MinnesotaCare include mental health case management. When the service is provided 
25.12 	through prepaid capitation, the nonfederal share is paid by the state and the county pays no 
25.13 	share.
25.14 	(j) The commissioner may suspend, reduce, or terminate the reimbursement to a provider 
25.15 	that does not meet the reporting or other requirements of this section. The county of 
25.16 	responsibility, as defined in sections 256G.01 to 256G.12, or, if applicable, the tribal agency, 
25.17 	is responsible for any federal disallowances. The county or tribe may share this responsibility 
25.18 	with its contracted vendors.
25.19 	(k) The commissioner shall set aside a portion of the federal funds earned for county 
25.20 	expenditures under this section to repay the special revenue maximization account under 
25.21 	section 256.01, subdivision 2, paragraph (o). The repayment is limited to:
25.22 	(1) the costs of developing and implementing this section; and
25.23 	(2) programming the information systems.
25.24 	(l) Payments to counties and tribal agencies for case management expenditures under 
25.25 	this section shall only be made from federal earnings from services provided under this 
25.26 	section. When this service is paid by the state without a federal share through fee-for-service, 
25.27 	50 percent of the cost shall be provided by the state. Payments to county-contracted vendors 
25.28 	shall include the federal earnings, the state share, and the county share.
25.29 	(m) Case management services under this subdivision do not include therapy, treatment, 
25.30 	legal, or outreach services.
25.31 	(n) If the recipient is a resident of a nursing facility, intermediate care facility, or hospital, 
25.32 	and the recipient's institutional care is paid by medical assistance, payment for case 
25.33 	management services under this subdivision is limited to the lesser of:
26.1 	(1) the last 180 days of the recipient's residency in that facility and may not exceed more 
26.2 	than six months in a calendar year; or
26.3 	(2) the limits and conditions which apply to federal Medicaid funding for this service.
26.4 	(o) Payment for case management services under this subdivision shall not duplicate 
26.5 	payments made under other program authorities for the same purpose.
26.6 	(p) If the recipient is receiving care in a hospital, nursing facility, or residential setting 
26.7 	licensed under chapter 245A or 245D that is staffed 24 hours a day, seven days a week, 
26.8 	mental health targeted case management services must actively support identification of 
26.9 	community alternatives for the recipient and discharge planning.

26.10 	Sec. 12. REVISOR INSTRUCTION.
 26.11 	The revisor of statutes, in consultation with the Office of Senate Counsel, Research and 
26.12 	Fiscal Analysis; the House Research Department; and the commissioner of human services, 
26.13 	shall prepare legislation for the 2025 legislative session to recodify Minnesota Statutes, 
26.14 	section 256B.0622, to move provisions related to assertive community treatment and intensive 
26.15 	residential treatment services into separate sections of statute. The revisor shall correct any 
26.16 	cross-references made necessary by this recodification.

26.17 	
ARTICLE 326.18 	CHILDREN'S MENTAL HEALTH SERVICES

26.19 	Section 1. Minnesota Statutes 2023 Supplement, section 245.4889, subdivision 1, is 
26.20 	amended to read:
26.21 		Subdivision 1.Establishment and authority. (a) The commissioner is authorized to 
26.22 	make grants from available appropriations to assist:
26.23 	(1) counties;
26.24 	(2) Indian tribes;
26.25 	(3) children's collaboratives under section 124D.23 or 245.493; or
26.26 	(4) mental health service providers.
26.27 	(b) The following services are eligible for grants under this section:
26.28 	(1) services to children with emotional disturbances as defined in section 245.4871, 
26.29 	subdivision 15, and their families;
27.1 	(2) transition services under section 245.4875, subdivision 8, for young adults under 
27.2 	age 21 and their families;
27.3 	(3) respite care services for children with emotional disturbances or severe emotional 
27.4 	disturbances who are at risk of out-of-home placement or residential treatment or 
27.5 	hospitalization, who are already in out-of-home placement in family foster settings as defined 
27.6 	in chapter 245A and at risk of change in out-of-home placement or placement in a residential 
27.7 	facility or other higher level of care, who have utilized crisis services or emergency room 
27.8 	services, or who have experienced a loss of in-home staffing support. Allowable activities 
27.9 	and expenses for respite care services are defined under subdivision 4. A child is not required 
27.10 	to have case management services to receive respite care services. Counties must work to 
27.11 	provide access to regularly scheduled respite care;
27.12 	(4) children's mental health crisis services;
27.13 	(5) child-, youth-, and family-specific mobile response and stabilization services models;
27.14 	(6) mental health services for people from cultural and ethnic minorities, including 
27.15 	supervision of clinical trainees who are Black, indigenous, or people of color;
27.16 	(7) children's mental health screening and follow-up diagnostic assessment and treatment;
27.17 	(8) services to promote and develop the capacity of providers to use evidence-based 
27.18 	practices in providing children's mental health services;
27.19 	(9) school-linked mental health services under section 245.4901;
27.20 	(10) building evidence-based mental health intervention capacity for children birth to 
27.21 	age five;
27.22 	(11) suicide prevention and counseling services that use text messaging statewide;
27.23 	(12) mental health first aid training;
27.24 	(13) training for parents, collaborative partners, and mental health providers on the 
27.25 	impact of adverse childhood experiences and trauma and development of an interactive 
27.26 	website to share information and strategies to promote resilience and prevent trauma;
27.27 	(14) transition age services to develop or expand mental health treatment and supports 
27.28 	for adolescents and young adults 26 years of age or younger;
27.29 	(15) early childhood mental health consultation;
28.1 	(16) evidence-based interventions for youth at risk of developing or experiencing a first 
28.2 	episode of psychosis, and a public awareness campaign on the signs and symptoms of 
28.3 	psychosis;
28.4 	(17) psychiatric consultation for primary care practitioners; and
28.5 	(18) providers to begin operations and meet program requirements when establishing a 
28.6 	new children's mental health program. These may be start-up grants.
28.7 	(c) Services under paragraph (b) must be designed to help each child to function and 
28.8 	remain with the child's family in the community and delivered consistent with the child's 
28.9 	treatment plan. Transition services to eligible young adults under this paragraph must be 
28.10 	designed to foster independent living in the community.
28.11 	(d) As a condition of receiving grant funds, a grantee shall obtain all available third-party 
28.12 	reimbursement sources, if applicable.
28.13 	(e) The commissioner may establish and design a pilot program to expand the mobile 
28.14 	response and stabilization services model for children, youth, and families. The commissioner 
28.15 	may use grant funding to consult with a qualified expert entity to assist in the formulation 
28.16 	of measurable outcomes and explore and position the state to submit a Medicaid state plan 
28.17 	amendment to scale the model statewide.

28.18 	Sec. 2. Minnesota Statutes 2023 Supplement, section 256B.0941, subdivision 3, is amended 
28.19 	to read:
28.20 		Subd. 3.Per diem rate. (a) The commissioner must establish one per diem rate per 
28.21 	provider for psychiatric residential treatment facility services for individuals 21 years of 
28.22 	age or younger. The rate for a provider must not exceed the rate charged by that provider 
28.23 	for the same service to other payers. Payment must not be made to more than one entity for 
28.24 	each individual for services provided under this section on a given day. The commissioner 
28.25 	must set rates prospectively for the annual rate period. The commissioner must require 
28.26 	providers to submit annual cost reports on a uniform cost reporting form and must use 
28.27 	submitted cost reports to inform the rate-setting process. The cost reporting must be done 
28.28 	according to federal requirements for Medicare cost reports.
28.29 	(b) The following are included in the rate:
28.30 	(1) costs necessary for licensure and accreditation, meeting all staffing standards for 
28.31 	participation, meeting all service standards for participation, meeting all requirements for 
28.32 	active treatment, maintaining medical records, conducting utilization review, meeting 
28.33 	inspection of care, and discharge planning. The direct services costs must be determined 
29.1 	using the actual cost of salaries, benefits, payroll taxes, and training of direct services staff 
29.2 	and service-related transportation; and
29.3 	(2) payment for room and board provided by facilities meeting all accreditation and 
29.4 	licensing requirements for participation.;
29.5 	(3) estimated additional direct care staffing compensation costs, subject to review by 
29.6 	the commissioner; and
29.7 	(4) estimated new capital costs, subject to review by the commissioner.
29.8 	(c) A facility may submit a claim for payment outside of the per diem for professional 
29.9 	services arranged by and provided at the facility by an appropriately licensed professional 
29.10 	who is enrolled as a provider with Minnesota health care programs. Arranged services may 
29.11 	be billed by either the facility or the licensed professional. These services must be included 
29.12 	in the individual plan of care and are subject to prior authorization.
29.13 	(d) Medicaid must reimburse for concurrent services as approved by the commissioner 
29.14 	to support continuity of care and successful discharge from the facility. "Concurrent services" 
29.15 	means services provided by another entity or provider while the individual is admitted to a 
29.16 	psychiatric residential treatment facility. Payment for concurrent services may be limited 
29.17 	and these services are subject to prior authorization by the state's medical review agent. 
29.18 	Concurrent services may include targeted case management, assertive community treatment, 
29.19 	clinical care consultation, team consultation, and treatment planning.
29.20 	(e) Payment rates under this subdivision must not include the costs of providing the 
29.21 	following services:
29.22 	(1) educational services;
29.23 	(2) acute medical care or specialty services for other medical conditions;
29.24 	(3) dental services; and
29.25 	(4) pharmacy drug costs.
29.26 	(f) For purposes of this section, "actual cost" means costs that are allowable, allocable, 
29.27 	reasonable, and consistent with federal reimbursement requirements in Code of Federal 
29.28 	Regulations, title 48, chapter 1, part 31, relating to for-profit entities, and the Office of 
29.29 	Management and Budget Circular Number A-122, relating to nonprofit entities.
29.30 	(g) The commissioner shall annually adjust psychiatric residential treatment facility 
29.31 	services per diem rates to reflect the change in the Centers for Medicare and Medicaid 
29.32 	Services Inpatient Psychiatric Facility Market Basket. The commissioner shall use the 
30.1 	indices as forecasted for the midpoint of the prior rate year to the midpoint of the current 
30.2 	rate year.
30.3 	(h) For a rate that was set incorporating the provider's estimated direct care staffing 
30.4 	compensation and new capital costs under paragraph (b), the commissioner must reconcile 
30.5 	the provider's rate with the provider's actual costs from the prior 12 months.

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

30.9 	Sec. 3. Minnesota Statutes 2022, section 256B.0943, subdivision 3, is amended to read:
30.10 		Subd. 3.Determination of client eligibility. (a) Based on a client's needs identified in 
30.11 	a crisis assessment, a hospital's medical history and presentation examination, or a brief 
30.12 	diagnostic assessment under section 245I.10, subdivision 5, a license holder may provide 
30.13 	a client with any combination of psychotherapy sessions, group psychotherapy sessions, 
30.14 	family psychotherapy sessions, and family psychoeducation sessions.
30.15 	(a)(b) A client's ongoing eligibility to receive children's therapeutic services and supports 
30.16 	under this section shall be determined based on a standard diagnostic assessment by a mental 
30.17 	health professional or a clinical trainee that is performed within one year before the initial 
30.18 	start of service and updated as required under section 245I.10, subdivision 2. The standard 
30.19 	diagnostic assessment must:
30.20 	(1) determine whether a child under age 18 has a diagnosis of emotional disturbance or, 
30.21 	if the person is between the ages of 18 and 21, whether the person has a mental illness;
30.22 	(2) document children's therapeutic services and supports as medically necessary to 
30.23 	address an identified disability, functional impairment, and the individual client's needs and 
30.24 	goals; and
30.25 	(3) be used in the development of the individual treatment plan.
30.26 	(b) (c) Notwithstanding paragraph (a) (b), a client may be determined to be eligible for 
30.27 	up to five days of day treatment under this section based on a hospital's medical history and 
30.28 	presentation examination of the client.
30.29 	(c) (d) Children's therapeutic services and supports include development and rehabilitative 
30.30 	services that support a child's developmental treatment needs.

31.1 	Sec. 4. Minnesota Statutes 2022, section 256B.0943, subdivision 12, is amended to read:
31.2 		Subd. 12.Excluded services. The following services are not eligible for medical 
31.3 	assistance payment as children's therapeutic services and supports:
31.4 	(1) service components of children's therapeutic services and supports simultaneously 
31.5 	provided by more than one provider entity unless prior authorization is obtained;
31.6 	(2) treatment by multiple providers within the same agency at the same clock time;
31.7 	(3)(2) children's therapeutic services and supports provided in violation of medical 
31.8 	assistance policy in Minnesota Rules, part 9505.0220;
31.9 	(4) (3) mental health behavioral aide services provided by a personal care assistant who 
31.10 	is not qualified as a mental health behavioral aide and employed by a certified children's 
31.11 	therapeutic services and supports provider entity;
31.12 	(5) (4) service components of CTSS that are the responsibility of a residential or program 
31.13 	license holder, including foster care providers under the terms of a service agreement or 
31.14 	administrative rules governing licensure; and
31.15 	(6) (5) adjunctive activities that may be offered by a provider entity but are not otherwise 
31.16 	covered by medical assistance, including:
31.17 	(i) a service that is primarily recreation oriented or that is provided in a setting that is 
31.18 	not medically supervised. This includes sports activities, exercise groups, activities such as 
31.19 	craft hours, leisure time, social hours, meal or snack time, trips to community activities, 
31.20 	and tours;
31.21 	(ii) a social or educational service that does not have or cannot reasonably be expected 
31.22 	to have a therapeutic outcome related to the client's emotional disturbance;
31.23 	(iii) prevention or education programs provided to the community; and
31.24 	(iv) treatment for clients with primary diagnoses of alcohol or other drug abuse.

31.25 	Sec. 5. Minnesota Statutes 2022, section 256B.0947, subdivision 5, is amended to read:
31.26 		Subd. 5.Standards for intensive nonresidential rehabilitative providers. (a) Services 
31.27 	must meet the standards in this section and chapter 245I as required in section 245I.011, 
31.28 	subdivision 5.
31.29 	(b) The treatment team must have specialized training in providing services to the specific 
31.30 	age group of youth that the team serves. An individual treatment team must serve youth 
32.1 	who are: (1) at least eight years of age or older and under 16 years of age, or (2) at least 14 
32.2 	years of age or older and under 21 years of age.
32.3 	(c) The treatment team for intensive nonresidential rehabilitative mental health services 
32.4 	comprises both permanently employed core team members and client-specific team members 
32.5 	as follows:
32.6 	(1) Based on professional qualifications and client needs, clinically qualified core team 
32.7 	members are assigned on a rotating basis as the client's lead worker to coordinate a client's 
32.8 	care. The core team must comprise at least four full-time equivalent direct care staff and 
32.9 	must minimally include:
32.10 	(i) a mental health professional who serves as team leader to provide administrative 
32.11 	direction and treatment supervision to the team;
32.12 	(ii) an advanced-practice registered nurse with certification in psychiatric or mental 
32.13 	health care or a board-certified child and adolescent psychiatrist, either of which must be 
32.14 	credentialed to prescribe medications;
32.15 	(iii) a licensed alcohol and drug counselor who is also trained in mental health 
32.16 	interventions; and
32.17 	(iv)(iii) a mental health certified peer specialist who is qualified according to section 
32.18 	245I.04, subdivision 10, and is also a former children's mental health consumer.; and
32.19 	(iv) a co-occurring disorder specialist who meets the requirements under section 
32.20 	256B.0622, subdivision 7a, paragraph (a), clause (4), who will provide or facilitate the 
32.21 	provision of co-occurring disorder treatment to clients.
32.22 	(2) The core team may also include any of the following:
32.23 	(i) additional mental health professionals;
32.24 	(ii) a vocational specialist;
32.25 	(iii) an educational specialist with knowledge and experience working with youth 
32.26 	regarding special education requirements and goals, special education plans, and coordination 
32.27 	of educational activities with health care activities;
32.28 	(iv) a child and adolescent psychiatrist who may be retained on a consultant basis;
32.29 	(v) a clinical trainee qualified according to section 245I.04, subdivision 6;
32.30 	(vi) a mental health practitioner qualified according to section 245I.04, subdivision 4;
33.1 	(vii) a case management service provider, as defined in section 245.4871, subdivision 
33.2 	4;
33.3 	(viii) a housing access specialist; and
33.4 	(ix) a family peer specialist as defined in subdivision 2, paragraph (j).
33.5 	(3) A treatment team may include, in addition to those in clause (1) or (2), ad hoc 
33.6 	members not employed by the team who consult on a specific client and who must accept 
33.7 	overall clinical direction from the treatment team for the duration of the client's placement 
33.8 	with the treatment team and must be paid by the provider agency at the rate for a typical 
33.9 	session by that provider with that client or at a rate negotiated with the client-specific 
33.10 	member. Client-specific treatment team members may include:
33.11 	(i) the mental health professional treating the client prior to placement with the treatment 
33.12 	team;
33.13 	(ii) the client's current substance use counselor, if applicable;
33.14 	(iii) a lead member of the client's individualized education program team or school-based 
33.15 	mental health provider, if applicable;
33.16 	(iv) a representative from the client's health care home or primary care clinic, as needed 
33.17 	to ensure integration of medical and behavioral health care;
33.18 	(v) the client's probation officer or other juvenile justice representative, if applicable; 
33.19 	and
33.20 	(vi) the client's current vocational or employment counselor, if applicable.
33.21 	(d) The treatment supervisor shall be an active member of the treatment team and shall 
33.22 	function as a practicing clinician at least on a part-time basis. The treatment team shall meet 
33.23 	with the treatment supervisor at least weekly to discuss recipients' progress and make rapid 
33.24 	adjustments to meet recipients' needs. The team meeting must include client-specific case 
33.25 	reviews and general treatment discussions among team members. Client-specific case 
33.26 	reviews and planning must be documented in the individual client's treatment record.
33.27 	(e) The staffing ratio must not exceed ten clients to one full-time equivalent treatment 
33.28 	team position.
33.29 	(f) The treatment team shall serve no more than 80 clients at any one time. Should local 
33.30 	demand exceed the team's capacity, an additional team must be established rather than 
33.31 	exceed this limit.
34.1 	(g) Nonclinical staff shall have prompt access in person or by telephone to a mental 
34.2 	health practitioner, clinical trainee, or mental health professional. The provider shall have 
34.3 	the capacity to promptly and appropriately respond to emergent needs and make any 
34.4 	necessary staffing adjustments to ensure the health and safety of clients.
34.5 	(h) The intensive nonresidential rehabilitative mental health services provider shall 
34.6 	participate in evaluation of the assertive community treatment for youth (Youth ACT) model 
34.7 	as conducted by the commissioner, including the collection and reporting of data and the 
34.8 	reporting of performance measures as specified by contract with the commissioner.
34.9 	(i) A regional treatment team may serve multiple counties.

34.10 	Sec. 6. Minnesota Statutes 2023 Supplement, section 256B.0947, subdivision 7, is amended 
34.11 	to read:
34.12 		Subd. 7.Medical assistance payment and rate setting. (a) Payment for services in this 
34.13 	section must be based on one daily encounter rate per provider inclusive of the following 
34.14 	services received by an eligible client in a given calendar day: all rehabilitative services, 
34.15 	supports, and ancillary activities under this section, staff travel time to provide rehabilitative 
34.16 	services under this section, and crisis response services under section 256B.0624.
34.17 	(b) Payment must not be made to more than one entity for each client for services 
34.18 	provided under this section on a given day. If services under this section are provided by a 
34.19 	team that includes staff from more than one entity, the team shall determine how to distribute 
34.20 	the payment among the members.
34.21 	(c) The commissioner shall establish regional cost-based rates for entities that will bill 
34.22 	medical assistance for nonresidential intensive rehabilitative mental health services. In 
34.23 	developing these rates, the commissioner shall consider:
34.24 	(1) the cost for similar services in the health care trade area;
34.25 	(2) actual costs incurred by entities providing the services;
34.26 	(3) the intensity and frequency of services to be provided to each client;
34.27 	(4) the degree to which clients will receive services other than services under this section; 
34.28 	and
34.29 	(5) the costs of other services that will be separately reimbursed.; and
34.30 	(6) the estimated additional direct care staffing compensation costs for the next rate year 
34.31 	as reported by entities providing the service, subject to review by the commissioner.
35.1 	(d) The rate for a provider must not exceed the rate charged by that provider for the 
35.2 	same service to other payers.
35.3 	(e) Effective for the rate years beginning on and after January 1, 2024, rates must be 
35.4 	annually adjusted for inflation using the Centers for Medicare and Medicaid Services 
35.5 	Medicare Economic Index, as forecasted in the fourth quarter of the calendar year before 
35.6 	the rate year. The inflation adjustment must be based on the 12-month period from the 
35.7 	midpoint of the previous rate year to the midpoint of the rate year for which the rate is being 
35.8 	determined.
35.9 	(f) For a rate that was set incorporating the provider's estimated direct care staffing 
35.10 	compensation and new capital costs under paragraph (c), the commissioner must reconcile 
35.11 	the provider's rate with the provider's actual costs from the prior 12 months.

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

35.15 	Sec. 7. DIRECTION TO COMMISSIONER OF HUMAN SERVICES; RESPITE 
35.16 	CARE ACCESS.
 35.17 	The commissioner of human services, in coordination with stakeholders, must develop 
35.18 	proposals by December 31, 2025, to increase access to licensed respite foster care homes 
35.19 	that take into consideration the new rule directing title IV-E agencies to adopt one set of 
35.20 	licensing or approval standards for all relative or kinship foster family homes that is different 
35.21 	from the licensing or approval standards used for nonrelative or nonkinship foster family 
35.22 	homes, as provided by the Federal Register, volume 88, page 66700.

35.23 	Sec. 8. DIRECTION TO COMMISSIONER; MEDICAL ASSISTANCE 
35.24 	CHILDREN'S RESIDENTIAL MENTAL HEALTH CRISIS STABILIZATION.
 35.25 	(a) The commissioner of human services must consult with providers, advocates, Tribal 
35.26 	Nations, counties, people with lived experience as or with a child in a mental health crisis, 
35.27 	and other interested community members to develop a covered benefit under medical 
35.28 	assistance to provide residential mental health crisis stabilization for children. The benefit 
35.29 	must:
35.30 	(1) consist of evidence-based promising practices or culturally responsive treatment 
35.31 	services for children under the age of 21 experiencing a mental health crisis;
36.1 	(2) embody an integrative care model that supports individuals experiencing a mental 
36.2 	health crisis who may also be experiencing co-occurring conditions;
36.3 	(3) qualify for federal financial participation; and
36.4 	(4) include services that support children and families, including but not limited to:
36.5 	(i) an assessment of the child's immediate needs and factors that led to the mental health 
36.6 	crisis;
36.7 	(ii) individualized care to address immediate needs and restore the child to a precrisis 
36.8 	level of functioning;
36.9 	(iii) 24-hour on-site staff and assistance;
36.10 	(iv) supportive counseling and clinical services;
36.11 	(v) skills training and positive support services, as identified in the child's individual 
36.12 	crisis stabilization plan;
36.13 	(vi) referrals to other service providers in the community as needed and to support the 
36.14 	child's transition from residential crisis stabilization services;
36.15 	(vii) development of an individualized and culturally responsive crisis response action 
36.16 	plan; and
36.17 	(viii) assistance to access and store medication.
36.18 	(b) When developing the new benefit, the commissioner must make recommendations 
36.19 	for providers to be reimbursed for room and board.
36.20 	(c) The commissioner must consult with or contract with rate-setting experts to develop 
36.21 	a prospective data-based rate methodology for the children's residential mental health crisis 
36.22 	stabilization benefit.
36.23 	(d) No later than October 1, 2025, the commissioner must submit to the chairs and 
36.24 	ranking minority members of the legislative committees with jurisdiction over human 
36.25 	services policy and finance a report detailing for the children's residential mental health 
36.26 	crisis stabilization benefit the proposed:
36.27 	(1) eligibility, clinical and service requirements, provider standards, licensing 
36.28 	requirements, and reimbursement rates;
36.29 	(2) process for community engagement, community input, and crisis models studied in 
36.30 	other states;
37.1 	(3) deadline for the commissioner to submit a state plan amendment to the Centers for 
37.2 	Medicare and Medicaid Services; and
37.3 	(4) draft legislation with the statutory changes necessary to implement the benefit.

37.4 	EFFECTIVE DATE. This section is effective July 1, 2024.

37.5 	Sec. 9. DIRECTION TO COMMISSIONER; CHILDREN'S RESIDENTIAL 
37.6 	FACILITY RULEMAKING.
 37.7 	(a) The commissioner of human services must use the expedited rulemaking process 
37.8 	and comply with all requirements under Minnesota Statutes, section 14.389, to adopt the 
37.9 	amendments required under this section.
37.10 	(b) The commissioner of human services must amend Minnesota Rules, chapter 2960, 
37.11 	to replace all instances of the term "clinical supervision" with the term "treatment 
37.12 	supervision."
37.13 	(c) The commissioner of human services must amend Minnesota Rules, part 2960.0020, 
37.14 	to replace all instances of the term "clinical supervisor" with the term "treatment supervisor."
37.15 	(d) The commissioner of human services must amend Minnesota Rules, part 2960.0020, 
37.16 	to add the definition of "licensed prescriber" to mean an individual who is authorized to 
37.17 	prescribe legend drugs under Minnesota Statutes, section 151.37.
37.18 	(e) The commissioner of human services must amend Minnesota Rules, parts 2960.0020 
37.19 	to 2960.0710, to replace all instances of "physician" with "licensed prescriber."
37.20 	(f) The commissioner of human services must amend Minnesota Rules, part 2960.0620, 
37.21 	subpart 1, item B, to allow a license holder to meet requirements by obtaining a copy of the 
37.22 	resident's medication management or evaluation treatment plan from the licensed prescriber.
37.23 	(g) The commissioner of human services must amend Minnesota Rules, part 2960.0620, 
37.24 	subpart 5, to:
37.25 	(1) remove the requirement for the license holder to conduct a psychotropic medication 
37.26 	review;
37.27 	(2) require the license holder to document treatment coordination with the licensed 
37.28 	prescriber; and
37.29 	(3) strike items A to D, and remove the requirements for the license holder to consider 
37.30 	and document items A to D at a quarterly review and provide the information in items A 
37.31 	and D to the licensed prescriber for review.
38.1 	(h) The commissioner of human services must amend Minnesota Rules, part 2960.0620, 
38.2 	subpart 2, to strike all of the current language and insert the following language: "If a resident 
38.3 	is prescribed a psychotropic medication, the license holder must monitor for side effects of 
38.4 	the medication. Within 24 hours of admission, a registered nurse or licensed prescriber must 
38.5 	assess the resident for and document any current side effects and document instructions for 
38.6 	how frequently the license holder must monitor for side effects of the psychotropic 
38.7 	medications the resident is taking. When a resident begins taking a new psychotropic 
38.8 	medication or stops taking a psychotropic medication, the license holder must monitor for 
38.9 	side effects according to the instructions of the registered nurse or licensed prescriber. The 
38.10 	license holder must monitor for side effects using standardized checklists, rating scales, or 
38.11 	other tools according to the instructions of the registered nurse or licensed prescriber. The 
38.12 	license holder must provide the results of the checklist, rating scale, or other tool to the 
38.13 	licensed prescriber for review."
38.14 	(i) The commissioner of human services must amend Minnesota Rules, part 2960.0630, 
38.15 	subpart 2, to allow license holders to use the ancillary meeting process under Minnesota 
38.16 	Statutes, section 245I.23, subdivision 14, paragraph (c), if a staff member cannot participate 
38.17 	in a weekly clinical supervision session.
38.18 	(j) The commissioner of human services must amend Minnesota Rules, part 2960.0630, 
38.19 	subpart 3, to strike item D.

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

38.21 	Sec. 10. REPEALER.
 38.22 	Minnesota Rules, part 2960.0620, subpart 3, is repealed.

38.23 	
ARTICLE 438.24 	SUBSTANCE USE DISORDER SERVICES

38.25 	Section 1. [144.2256] CERTIFIED BIRTH RECORD FOR PERSONS ELIGIBLE 
38.26 	FOR MEDICAL ASSISTANCE.
38.27 		Subdivision 1.Application; birth record. A subject of a birth record who is eligible 
38.28 	for medical assistance according to chapter 256B and who has been treated for a substance 
38.29 	use disorder within the last 12 months may apply to the state registrar or a local issuance 
38.30 	office for a certified birth record according to this section. The state registrar or local issuance 
38.31 	office shall issue a certified birth record, or statement of no vital record found, to a subject 
38.32 	of a birth record who submits:
39.1 	(1) a completed application signed by the subject of the birth record;
39.2 	(2) a statement of eligibility from an employee of a human services agency or treatment 
39.3 	provider licensed under chapter 245G that receives public funding to provide services to 
39.4 	people with substance use disorders. The statement must verify the subject of the birth 
39.5 	record is eligible for medical assistance according to chapter 256B and has been treated for 
39.6 	a substance use disorder in the last 12 months. The statement must comply with the 
39.7 	requirements in subdivision 2; and
39.8 	(3) identification in the form of:
39.9 	(i) a document of identity listed in Minnesota Rules, part 4601.2600, subpart 8, or, at 
39.10 	the discretion of the state registrar or local issuance office, Minnesota Rules, part 4601.2600, 
39.11 	subpart 9;
39.12 	(ii) a statement that complies with Minnesota Rules, part 4601.2600, subparts 6 and 7; 
39.13 	or
39.14 	(iii) a statement of identity provided by the employee of a human services agency or 
39.15 	treatment provider that receives public funding to provide services to people with substance 
39.16 	use disorders who verified eligibility. The statement must comply with Minnesota Rules, 
39.17 	part 4601.2600, subpart 7.
39.18 		Subd. 2.Statement of eligibility. A statement of eligibility must be from an employee 
39.19 	of a human services agency or treatment provider that receives public funding to provide 
39.20 	services to people with substance use disorders and must verify the subject of the birth 
39.21 	record is eligible for medical assistance according to chapter 256B and has been treated for 
39.22 	a substance use disorder within the last 12 months. The statement of eligibility must include:
39.23 	(1) the employee's first name, middle name, if any, and last name; home or business 
39.24 	address; telephone number, if any; and email address, if any;
39.25 	(2) the name of the human services agency or treatment provider that receives public 
39.26 	funding to provide services to people with substance use disorders that employs the person 
39.27 	making the eligibility statement;
39.28 	(3) the first name, middle name, if any, and last name of the subject of the birth record;
39.29 	(4) a copy of the individual's employment identification or verification of employment 
39.30 	linking the employee to the human services agency or treatment provider that provided 
39.31 	treatment; and
40.1 	(5) a statement specifying the relationship of the individual providing the eligibility 
40.2 	statement to the subject of the birth record.
40.3 		Subd. 3.Data practices. Data listed under subdivision 1, clauses (2) and (3), are private 
40.4 	data on individuals.

40.5 	Sec. 2. Minnesota Statutes 2022, section 144.226, is amended by adding a subdivision to 
40.6 	read:
40.7 		Subd. 9.Birth record fees waived for persons treated for substance use disorders. A 
40.8 	subject of a birth record who is eligible for medical assistance according to chapter 256B 
40.9 	and who has been treated for a substance use disorder within the last 12 months must not 
40.10 	be charged any of the fees specified in this section for a certified birth record or statement 
40.11 	of no vital record found under section 144.2256.

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

40.13 	Sec. 3. Minnesota Statutes 2022, section 148F.025, subdivision 2, is amended to read:
40.14 		Subd. 2.Education requirements for licensure. An applicant for licensure must submit 
40.15 	evidence satisfactory to the board that the applicant has:
40.16 	(1) received a bachelor's or master's degree from an accredited school or educational 
40.17 	program; and
40.18 	(2) received 18 semester credits or 270 clock hours of academic course work and 880 
40.19 	clock hours of supervised alcohol and drug counseling practicum from an accredited school 
40.20 	or education program. The course work and practicum do not have to be part of the bachelor's 
40.21 	degree earned under clause (1). The academic course work must be in the following areas:
40.22 	(i) an overview of the transdisciplinary foundations of alcohol and drug counseling, 
40.23 	including theories of chemical dependency, the continuum of care, and the process of change;
40.24 	(ii) pharmacology of substance abuse disorders and the dynamics of addiction, including 
40.25 	substance use disorder treatment with medications for opioid use disorder;
40.26 	(iii) professional and ethical responsibilities;
40.27 	(iv) multicultural aspects of chemical dependency;
40.28 	(v) co-occurring disorders; and
40.29 	(vi) the core functions defined in section 148F.01, subdivision 10.

41.1 	Sec. 4. Minnesota Statutes 2022, section 245G.01, is amended by adding a subdivision to 
41.2 	read:
41.3 		Subd. 8a.Clinical trainee. "Clinical trainee" means a staff person who is qualified 
41.4 	according to section 245I.04, subdivision 6, working under the supervision of a mental 
41.5 	health professional.

41.6 	Sec. 5. Minnesota Statutes 2022, section 245G.01, is amended by adding a subdivision to 
41.7 	read:
41.8 		Subd. 17a.Mental health professional. "Mental health professional" means a staff 
41.9 	person who is qualified under section 245I.04, subdivision 2.

41.10 	Sec. 6. Minnesota Statutes 2022, section 245G.01, is amended by adding a subdivision to 
41.11 	read:
41.12 		Subd. 17b.Qualified professional. "Qualified professional" means a licensed alcohol 
41.13 	and drug counselor; mental health professional; registered nurse who has completed at least 
41.14 	12 hours of training in diagnosing and treating addiction, co-occurring disorders, or substance 
41.15 	use disorder; or clinical trainee working under the supervision of a mental health professional.

41.16 	Sec. 7. Minnesota Statutes 2023 Supplement, section 245G.05, subdivision 1, is amended 
41.17 	to read:
41.18 		Subdivision 1.Comprehensive assessment. A comprehensive assessment of the client's 
41.19 	substance use disorder must be administered face-to-face by an alcohol and drug counselor
41.20 	a qualified professional within five calendar days from the day of service initiation for a 
41.21 	residential program or by the end of the fifth day on which a treatment service is provided 
41.22 	in a nonresidential program. The number of days to complete the comprehensive assessment 
41.23 	excludes the day of service initiation. If the comprehensive assessment is not completed 
41.24 	within the required time frame, the person-centered reason for the delay and the planned 
41.25 	completion date must be documented in the client's file. The comprehensive assessment is 
41.26 	complete upon a qualified staff member's professional's dated signature. If the client received 
41.27 	a comprehensive assessment that authorized the treatment service, an alcohol and drug 
41.28 	counselor a qualified professional may use the comprehensive assessment for requirements 
41.29 	of this subdivision but must document a review of the comprehensive assessment and update 
41.30 	the comprehensive assessment as clinically necessary to ensure compliance with this 
41.31 	subdivision within applicable timelines. An alcohol and drug counselor must sign and date 
41.32 	the comprehensive assessment review and update.

42.1 	Sec. 8. Minnesota Statutes 2023 Supplement, section 245G.06, subdivision 1, is amended 
42.2 	to read:
42.3 		Subdivision 1.General. Each client must have a person-centered individual treatment 
42.4 	plan developed by an alcohol and drug counselor a qualified professional within ten days 
42.5 	from the day of service initiation for a residential program, by the end of the tenth day on 
42.6 	which a treatment session has been provided from the day of service initiation for a client 
42.7 	in a nonresidential program, not to exceed 30 days. Opioid treatment programs must complete 
42.8 	the individual treatment plan within 21 days from the day of service initiation. The number 
42.9 	of days to complete the individual treatment plan excludes the day of service initiation. The 
42.10 	individual treatment plan must be signed by the client and the alcohol and drug counselor
42.11 	qualified professional and document the client's involvement in the development of the 
42.12 	plan. The individual treatment plan is developed upon the qualified staff member's
42.13 	professional's dated signature. Treatment planning must include ongoing assessment of 
42.14 	client needs. An individual treatment plan must be updated based on new information 
42.15 	gathered about the client's condition, the client's level of participation, and on whether 
42.16 	methods identified have the intended effect. A change to the plan must be signed by the 
42.17 	client and the alcohol and drug counselor qualified professional. If the client chooses to 
42.18 	have family or others involved in treatment services, the client's individual treatment plan 
42.19 	must include how the family or others will be involved in the client's treatment. If a client 
42.20 	is receiving treatment services or an assessment via telehealth and the alcohol and drug 
42.21 	counselor qualified professional documents the reason the client's signature cannot be 
42.22 	obtained, the alcohol and drug counselor qualified professional may document the client's 
42.23 	verbal approval or electronic written approval of the treatment plan or change to the treatment 
42.24 	plan in lieu of the client's signature.

42.25 	Sec. 9. Minnesota Statutes 2023 Supplement, section 245G.06, subdivision 3, is amended 
42.26 	to read:
42.27 		Subd. 3. Treatment plan review.  A treatment plan review must be completed by the 
42.28 	alcohol and drug counselor qualified professional responsible for the client's treatment plan. 
42.29 	The review must indicate the span of time covered by the review and must:
42.30 	(1) document client goals addressed since the last treatment plan review and whether 
42.31 	the identified methods continue to be effective;
42.32 	(2) document monitoring of any physical and mental health problems and include 
42.33 	toxicology results for alcohol and substance use, when available;
43.1 	(3) document the participation of others involved in the individual's treatment planning, 
43.2 	including when services are offered to the client's family or significant others;
43.3 	(4) if changes to the treatment plan are determined to be necessary, document staff 
43.4 	recommendations for changes in the methods identified in the treatment plan and whether 
43.5 	the client agrees with the change;
43.6 	(5) include a review and evaluation of the individual abuse prevention plan according 
43.7 	to section 245A.65; and
43.8 	(6) document any referrals made since the previous treatment plan review.

43.9 	Sec. 10. Minnesota Statutes 2023 Supplement, section 245G.06, subdivision 3a, is amended 
43.10 	to read:
43.11 		Subd. 3a.Frequency of treatment plan reviews. (a) A license holder must ensure that 
43.12 	the alcohol and drug counselor qualified professional responsible for a client's treatment 
43.13 	plan completes and documents a treatment plan review that meets the requirements of 
43.14 	subdivision 3 in each client's file, according to the frequencies required in this subdivision. 
43.15 	All ASAM levels referred to in this chapter are those described in section 254B.19, 
43.16 	subdivision 1.
43.17 	(b) For a client receiving residential ASAM level 3.3 or 3.5 high-intensity services or 
43.18 	residential hospital-based services, a treatment plan review must be completed once every 
43.19 	14 days.
43.20 	(c) For a client receiving residential ASAM level 3.1 low-intensity services or any other 
43.21 	residential level not listed in paragraph (b), a treatment plan review must be completed once 
43.22 	every 30 days.
43.23 	(d) For a client receiving nonresidential ASAM level 2.5 partial hospitalization services, 
43.24 	a treatment plan review must be completed once every 14 days.
43.25 	(e) For a client receiving nonresidential ASAM level 1.0 outpatient or 2.1 intensive 
43.26 	outpatient services or any other nonresidential level not included in paragraph (d), a treatment 
43.27 	plan review must be completed once every 30 days.
43.28 	(f) For a client receiving nonresidential opioid treatment program services according to 
43.29 	section 245G.22:
43.30 	(1) a treatment plan review must be completed weekly for the ten weeks following 
43.31 	completion of the treatment plan; and
43.32 	(2) monthly thereafter.
44.1 	Treatment plan reviews must be completed more frequently when clinical needs warrant.
44.2 	(g) Notwithstanding paragraphs (e) and (f), clause (2), for a client in a nonresidential 
44.3 	program with a treatment plan that clearly indicates less than five hours of skilled treatment 
44.4 	services will be provided to the client each month, a treatment plan review must be completed 
44.5 	once every 90 days. Treatment plan reviews must be completed more frequently when 
44.6 	clinical needs warrant.

44.7 	Sec. 11. Minnesota Statutes 2023 Supplement, section 245G.06, subdivision 4, is amended 
44.8 	to read:
44.9 		Subd. 4.Service discharge summary. (a) An alcohol and drug counselorA qualified 
44.10 	professional must write a service discharge summary for each client. The service discharge 
44.11 	summary must be completed within five days of the client's service termination. A copy of 
44.12 	the client's service discharge summary must be provided to the client upon the client's 
44.13 	request.
44.14 	(b) The service discharge summary must be recorded in the six dimensions listed in 
44.15 	section 254B.04, subdivision 4, and include the following information:
44.16 	(1) the client's issues, strengths, and needs while participating in treatment, including 
44.17 	services provided;
44.18 	(2) the client's progress toward achieving each goal identified in the individual treatment 
44.19 	plan;
44.20 	(3) a risk rating and description for each of the ASAM six dimensions;
44.21 	(4) the reasons for and circumstances of service termination. If a program discharges a 
44.22 	client at staff request, the reason for discharge and the procedure followed for the decision 
44.23 	to discharge must be documented and comply with the requirements in section 245G.14, 
44.24 	subdivision 3, clause (3);
44.25 	(5) the client's living arrangements at service termination;
44.26 	(6) continuing care recommendations, including transitions between more or less intense 
44.27 	services, or more frequent to less frequent services, and referrals made with specific attention 
44.28 	to continuity of care for mental health, as needed; and
44.29 	(7) service termination diagnosis.

45.1 	Sec. 12. Minnesota Statutes 2022, section 245G.07, subdivision 3, is amended to read:
45.2 		Subd. 3.Counselors Qualified professionals. All treatment services, except peer 
45.3 	recovery support services and treatment coordination, must be provided by an alcohol and 
45.4 	drug counselor qualified according to section 245G.11, subdivision 5, or any other qualified 
45.5 	professional, as defined in section 245G.01, subdivision 17b, unless the individual providing 
45.6 	the service is specifically qualified according to the accepted credential required to provide 
45.7 	the service. The commissioner shall maintain a current list of professionals qualified to 
45.8 	provide treatment services.

45.9 	Sec. 13. Minnesota Statutes 2022, section 245G.07, subdivision 3a, is amended to read:
45.10 		Subd. 3a.Use of guest speakers. (a) The license holder may allow a guest speaker to 
45.11 	present information to clients as part of a treatment service provided by an alcohol and drug 
45.12 	counselor a qualified professional, according to the requirements of this subdivision.
45.13 	(b) An alcohol and drug counselor A qualified professional must visually observe and 
45.14 	listen to the presentation of information by a guest speaker the entire time the guest speaker 
45.15 	presents information to the clients. The alcohol and drug counselor qualified professional
45.16 	is responsible for all information the guest speaker presents to the clients.
45.17 	(c) The presentation of information by a guest speaker constitutes a direct contact service, 
45.18 	as defined in section 245C.02, subdivision 11.
45.19 	(d) The license holder must provide the guest speaker with all training required for staff 
45.20 	members. If the guest speaker provides direct contact services one day a month or less, the 
45.21 	license holder must only provide the guest speaker with orientation training on the following 
45.22 	subjects before the guest speaker provides direct contact services:
45.23 	(1) mandatory reporting of maltreatment, as specified in sections 245A.65, 626.557, and 
45.24 	626.5572 and chapter 260E;
45.25 	(2) applicable client confidentiality rules and regulations;
45.26 	(3) ethical standards for client interactions; and
45.27 	(4) emergency procedures.

45.28 	Sec. 14. Minnesota Statutes 2022, section 245G.11, subdivision 7, is amended to read:
45.29 		Subd. 7.Treatment coordination provider qualifications. (a) Treatment coordination 
45.30 	must be provided by qualified staff. An individual is qualified to provide treatment 
46.1 	coordination if the individual meets the qualifications of an alcohol and drug counselor 
46.2 	under subdivision 5 or if the individual:
46.3 	(1) is skilled in the process of identifying and assessing a wide range of client needs;
46.4 	(2) is knowledgeable about local community resources and how to use those resources 
46.5 	for the benefit of the client;
46.6 	(3) has successfully completed 30 hours of classroom instruction on treatment 
46.7 	coordination for an individual with substance use disorder specific training on substance 
46.8 	use and co-occurring disorders that is consistent with national evidence-based practices;
46.9 	and
46.10 	(4) has either meets one of the following criteria:
46.11 	(i) has a bachelor's degree in one of the behavioral sciences or related fields and at least 
46.12 	1,000 hours of supervised experience working with individuals with substance use disorder; 
46.13 	or
46.14 	(ii) is qualified as a mental health practitioner under section 245I.04, subdivision 4; or
46.15 	(ii) (iii) has a current certification as an alcohol and drug counselor, level I, by the Upper 
46.16 	Midwest Indian Council on Addictive Disorders; and.
46.17 	(5) has at least 2,000 hours of supervised experience working with individuals with 
46.18 	substance use disorder.
46.19 	(b) A treatment coordinator must receive at least one hour of supervision regarding 
46.20 	individual service delivery from an alcohol and drug counselor, or a mental health 
46.21 	professional who has substance use treatment and assessments within the scope of their 
46.22 	practice, on a monthly basis.

46.23 	Sec. 15. Minnesota Statutes 2023 Supplement, section 254B.04, subdivision 1a, is amended 
46.24 	to read:
46.25 		Subd. 1a.Client eligibility. (a) Persons eligible for benefits under Code of Federal 
46.26 	Regulations, title 25, part 20, who meet the income standards of section 256B.056, 
46.27 	subdivision 4, and are not enrolled in medical assistance, are entitled to behavioral health 
46.28 	fund services. State money appropriated for this paragraph must be placed in a separate 
46.29 	account established for this purpose.
46.30 	(b) Persons with dependent children who are determined to be in need of substance use 
46.31 	disorder treatment pursuant to an assessment under section 260E.20, subdivision 1, or in 
46.32 	need of chemical dependency treatment pursuant to a case plan under section 260C.201, 
47.1 	subdivision 6, or 260C.212, shall be assisted by the local agency to access needed treatment 
47.2 	services. Treatment services must be appropriate for the individual or family, which may 
47.3 	include long-term care treatment or treatment in a facility that allows the dependent children 
47.4 	to stay in the treatment facility. The county shall pay for out-of-home placement costs, if 
47.5 	applicable.
47.6 	(c) Notwithstanding paragraph (a), persons enrolled in medical assistance are eligible 
47.7 	for room and board services under section 254B.05, subdivision 5, paragraph (b), clause 
47.8 	(12).
47.9 	(d) A client is eligible to have substance use disorder treatment paid for with funds from 
47.10 	the behavioral health fund when the client:
47.11 	(1) is eligible for MFIP as determined under chapter 256J;
47.12 	(2) is eligible for medical assistance as determined under Minnesota Rules, parts 
47.13 	9505.0010 to 9505.0150;
47.14 	(3) is eligible for general assistance, general assistance medical care, or work readiness 
47.15 	as determined under Minnesota Rules, parts 9500.1200 to 9500.1318; or
47.16 	(4) has income that is within current household size and income guidelines for entitled 
47.17 	persons, as defined in this subdivision and subdivision 7.
47.18 	(e) Clients who meet the financial eligibility requirement in paragraph (a) and who have 
47.19 	a third-party payment source are eligible for the behavioral health fund if the third-party 
47.20 	payment source pays less than 100 percent of the cost of treatment services for eligible 
47.21 	clients.
47.22 	(f) A client is ineligible to have substance use disorder treatment services paid for with 
47.23 	behavioral health fund money if the client:
47.24 	(1) has an income that exceeds current household size and income guidelines for entitled 
47.25 	persons as defined in this subdivision and subdivision 7; or
47.26 	(2) has an available third-party payment source that will pay the total cost of the client's 
47.27 	treatment.
47.28 	(g) A client who is disenrolled from a state prepaid health plan during a treatment episode 
47.29 	is eligible for continued treatment service that is paid for by the behavioral health fund until 
47.30 	the treatment episode is completed or the client is re-enrolled in a state prepaid health plan 
47.31 	if the client:
48.1 	(1) continues to be enrolled in MinnesotaCare, medical assistance, or general assistance 
48.2 	medical care; or
48.3 	(2) is eligible according to paragraphs (a) and (b) and is determined eligible by a local 
48.4 	agency under section 254B.04.
48.5 	(h) When a county commits a client under chapter 253B to a regional treatment center 
48.6 	for substance use disorder services and the client is ineligible for the behavioral health fund, 
48.7 	the county is responsible for the payment to the regional treatment center according to 
48.8 	section 254B.05, subdivision 4.
48.9 	(i) Notwithstanding paragraph (a), persons enrolled in MinnesotaCare are eligible for 
48.10 	room and board services under section 254B.05, subdivision 1a, paragraph (e).

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

48.14 	
ARTICLE 548.15 	HOUSING SUPPORTS

48.16 	Section 1. Minnesota Statutes 2023 Supplement, section 256D.01, subdivision 1a, is 
48.17 	amended to read:
48.18 		Subd. 1a.Standards. (a) A principal objective in providing general assistance is to 
48.19 	provide for single adults, childless couples, or children as defined in section 256D.02, 
48.20 	subdivision 2b, ineligible for federal programs who are unable to provide for themselves. 
48.21 	The minimum standard of assistance determines the total amount of the general assistance 
48.22 	grant without separate standards for shelter, utilities, or other needs.
48.23 	(b) The standard of assistance for an assistance unit consisting of a recipient who is 
48.24 	childless and unmarried or living apart from children and spouse and who does not live with 
48.25 	a parent or parents or a legal custodian, or consisting of a childless couple, is $350 per month 
48.26 	effective October 1, 2024, and must be adjusted by a percentage equal to the change in the 
48.27 	consumer price index as of January 1 every year, beginning October 1, 2025.
48.28 	(c) For an assistance unit consisting of a single adult who lives with a parent or parents, 
48.29 	the general assistance standard of assistance is $350 per month effective October 1, 2023
48.30 	2024, and must be adjusted by a percentage equal to the change in the consumer price index 
48.31 	as of January 1 every year, beginning October 1, 2025. Benefits received by a responsible 
48.32 	relative of the assistance unit under the Supplemental Security Income program, a workers' 
49.1 	compensation program, the Minnesota supplemental aid program, or any other program 
49.2 	based on the responsible relative's disability, and any benefits received by a responsible 
49.3 	relative of the assistance unit under the Social Security retirement program, may not be 
49.4 	counted in the determination of eligibility or benefit level for the assistance unit. Except as 
49.5 	provided below, the assistance unit is ineligible for general assistance if the available 
49.6 	resources or the countable income of the assistance unit and the parent or parents with whom 
49.7 	the assistance unit lives are such that a family consisting of the assistance unit's parent or 
49.8 	parents, the parent or parents' other family members and the assistance unit as the only or 
49.9 	additional minor child would be financially ineligible for general assistance. For the purposes 
49.10 	of calculating the countable income of the assistance unit's parent or parents, the calculation 
49.11 	methods must follow the provisions under section 256P.06.

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

49.13 	Sec. 2. Minnesota Statutes 2022, section 256I.04, subdivision 2f, is amended to read:
49.14 		Subd. 2f.Required services. (a) In licensed and registered authorized settings under 
49.15 	subdivision 2a, providers shall ensure that participants have at a minimum:
49.16 	(1) food preparation and service for three nutritional meals a day on site;
49.17 	(2) a bed, clothing storage, linen, bedding, laundering, and laundry supplies or service;
49.18 	(3) housekeeping, including cleaning and lavatory supplies or service; and
49.19 	(4) maintenance and operation of the building and grounds, including heat, water, garbage 
49.20 	removal, electricity, telephone for the site, cooling, supplies, and parts and tools to repair 
49.21 	and maintain equipment and facilities.
49.22 	(b) In addition, when providers serve participants described in subdivision 1, paragraph 
49.23 	(c), the providers are required to assist the participants in applying for continuing housing 
49.24 	support payments before the end of the eligibility period.

49.25 	Sec. 3. Minnesota Statutes 2023 Supplement, section 256I.05, subdivision 1a, is amended 
49.26 	to read:
49.27 		Subd. 1a.Supplementary service rates. (a) Subject to the provisions of section 256I.04, 
49.28 	subdivision 3, the agency may negotiate a payment not to exceed $494.91 for other services 
49.29 	necessary to provide room and board if the residence is licensed by or registered by the 
49.30 	Department of Health, or licensed by the Department of Human Services to provide services 
49.31 	in addition to room and board, and if the provider of services is not also concurrently 
49.32 	receiving funding for services for a recipient in the residence under the following programs 
50.1 	or funding sources: (1) home and community-based waiver services under chapter 256S or 
50.2 	section 256B.0913, 256B.092, or 256B.49; (2) personal care assistance under section 
50.3 	256B.0659; (3) community first services and supports under section 256B.85; or (4) services 
50.4 	for adults with mental illness grants under section 245.73. If funding is available for other 
50.5 	necessary services through a home and community-based waiver under chapter 256S, or 
50.6 	section 256B.0913, 256B.092, or 256B.49; personal care assistance services under section 
50.7 	256B.0659; community first services and supports under section 256B.85; or services for 
50.8 	adults with mental illness grants under section 245.73, then the housing support rate is 
50.9 	limited to the rate set in subdivision 1. Unless otherwise provided in law, in no case may 
50.10 	the supplementary service rate exceed $494.91. The registration and licensure requirement 
50.11 	does not apply to establishments which are exempt from state licensure because they are 
50.12 	located on Indian reservations and for which the tribe has prescribed health and safety 
50.13 	requirements. Service payments under this section may be prohibited under rules to prevent 
50.14 	the supplanting of federal funds with state funds.
50.15 	(b) The commissioner is authorized to make cost-neutral transfers from the housing 
50.16 	support fund for beds under this section to other funding programs administered by the 
50.17 	department after consultation with the agency in which the affected beds are located. The 
50.18 	commissioner may also make cost-neutral transfers from the housing support fund to agencies 
50.19 	for beds permanently removed from the housing support census under a plan submitted by 
50.20 	the agency and approved by the commissioner. The commissioner shall report the amount 
50.21 	of any transfers under this provision annually to the legislature.
50.22 	(c) (b) Agencies must not negotiate supplementary service rates with providers of housing 
50.23 	support that are licensed as board and lodging with special services and that do not encourage 
50.24 	a policy of sobriety on their premises and make referrals to available community services 
50.25 	for volunteer and employment opportunities for residents.

50.26 	Sec. 4. Minnesota Statutes 2023 Supplement, section 256I.05, subdivision 11, is amended 
50.27 	to read:
50.28 		Subd. 11.Transfer of emergency shelter funds Cost-neutral transfers from the 
50.29 	housing support fund. (a) The commissioner is authorized to make cost-neutral transfers 
50.30 	from the housing support fund for beds under this section to other funding programs 
50.31 	administered by the department after consultation with the agency in which the affected 
50.32 	beds are located.
51.1 	(b) The commissioner may also make cost-neutral transfers from the housing support 
51.2 	fund to agencies for beds removed from the housing support census under a plan submitted 
51.3 	by the agency and approved by the commissioner.
51.4 	(a) (c) The commissioner shall make a cost-neutral transfer of funding from the housing 
51.5 	support fund to the agency for emergency shelter beds removed from the housing support 
51.6 	census under a biennial plan submitted by the agency and approved by the commissioner.
51.7 	Plans submitted under this paragraph must include anticipated and actual outcomes for 
51.8 	persons experiencing homelessness in emergency shelters.
51.9 	The plan (d) Plans submitted under paragraph (b) or (c) must describe: (1) anticipated 
51.10 	and actual outcomes for persons experiencing homelessness in emergency shelters; (2)
51.11 	improved efficiencies in administration; (3) (2) requirements for individual eligibility; and 
51.12 	(4) (3) plans for quality assurance monitoring and quality assurance outcomes. The 
51.13 	commissioner shall review the agency plan plans to monitor implementation and outcomes 
51.14 	at least biennially, and more frequently if the commissioner deems necessary.
51.15 	(b) The (e) Funding under paragraph (a) (b), (c), or (d) may be used for the provision 
51.16 	of room and board or supplemental services according to section 256I.03, subdivisions 14a 
51.17 	and 14b. Providers must meet the requirements of section 256I.04, subdivisions 2a to 2f. 
51.18 	Funding must be allocated annually, and the room and board portion of the allocation shall 
51.19 	be adjusted according to the percentage change in the housing support room and board rate. 
51.20 	The room and board portion of the allocation shall be determined at the time of transfer.
51.21 	The commissioner or agency may return beds to the housing support fund with 180 days' 
51.22 	notice, including financial reconciliation.

51.23 	Sec. 5. REVISOR INSTRUCTION.
 51.24 	The revisor of statutes shall renumber Minnesota Statutes, section 256D.21, as Minnesota 
51.25 	Statutes, section 261.004.

51.26 	Sec. 6. REPEALER.
 51.27 	Minnesota Statutes 2022, sections 256D.19, subdivisions 1 and 2; 256D.20, subdivisions 
51.28 	1, 2, 3, and 4; and 256D.23, subdivisions 1, 2, and 3, are repealed.

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

52.1 	
ARTICLE 652.2 	MISCELLANEOUS

52.3 	Section 1. [144.88] MENTAL HEALTH AND SUBSTANCE USE DISORDER 
52.4 	EDUCATION CENTER.
52.5 		Subdivision 1.Establishment. The Mental Health and Substance Use Disorder Education 
52.6 	Center is established in the Department of Health. The purposes of the center are to increase 
52.7 	the number of professionals, practitioners, and peers working in mental health and substance 
52.8 	use disorder treatment; increase the diversity of professionals, practitioners, and peers 
52.9 	working in mental health and substance use disorder treatment; and facilitate a culturally 
52.10 	informed and responsive mental health and substance use disorder treatment workforce.
52.11 		Subd. 2.Activities. The Mental Health and Substance Use Disorder Education Center 
52.12 	must:
52.13 	(1) analyze the geographic and demographic availability of licensed mental health and 
52.14 	substance use disorder treatment professionals, identify gaps, and prioritize the need for 
52.15 	additional licensed professionals by type, location, and demographics;
52.16 	(2) create a program that exposes high school and college students to careers in the 
52.17 	mental health and substance use disorder fields;
52.18 	(3) create a website for individuals considering becoming a mental health provider that 
52.19 	clearly labels the steps necessary to achieve licensure and certification in the various mental 
52.20 	health fields and lists resources and links for more information;
52.21 	(4) create a job board for organizations seeking employees to provide mental health and 
52.22 	substance use disorder treatment, services, and supports;
52.23 	(5) track the number of students at the undergraduate and graduate levels who are 
52.24 	graduating from programs in Minnesota that could facilitate a career as a mental health or 
52.25 	substance use disorder treatment practitioner or professional and work with Minnesota 
52.26 	colleges and universities to support the students in obtaining licensure;
52.27 	(6) identify barriers to mental health professional licensure and make recommendations 
52.28 	to address the barriers;
52.29 	(7) establish learning collaborative partnerships with mental health and substance use 
52.30 	disorder treatment providers, schools, criminal justice agencies, and others;
52.31 	(8) promote and expand loan forgiveness programs, funding for professionals to become 
52.32 	supervisors, funding to pay for supervision, and funding for pathways to licensure;
53.1 	(9) identify barriers to using loan forgiveness programs and develop recommendations 
53.2 	to address the barriers;
53.3 	(10) work to expand Medicaid graduate medical education to other mental health 
53.4 	professionals;
53.5 	(11) identify current sites for internships and practicums and assess the need for additional 
53.6 	sites;
53.7 	(12) develop training to increase the knowledge about mental health and substance use 
53.8 	disorders for other health care professionals, including but not limited to community health 
53.9 	workers, pediatricians, primary care physicians, physician assistants, and nurses; and
53.10 	(13) support training for integrated mental health and primary care in rural areas.
53.11 		Subd. 3.Reports. Beginning January 1, 2025, the commissioner of health shall submit 
53.12 	an annual report to the chairs and ranking minority members of the legislative committees 
53.13 	with jurisdiction over health finance and policy summarizing the center's activities and 
53.14 	progress in addressing the mental health and substance use disorder treatment workforce 
53.15 	shortage.

53.16 	Sec. 2. Minnesota Statutes 2022, section 245.4663, subdivision 2, is amended to read:
53.17 		Subd. 2.Eligible providers. In order to be eligible for a grant under this section, a mental 
53.18 	health provider must:
53.19 	(1) provide at least 25 percent of the provider's yearly patient encounters to state public 
53.20 	program enrollees or patients receiving sliding fee schedule discounts through a formal 
53.21 	sliding fee schedule meeting the standards established by the United States Department of 
53.22 	Health and Human Services under Code of Federal Regulations, title 42, section 51c.303; 
53.23 	or
53.24 	(2) primarily serve underrepresented communities as defined in section 148E.010, 
53.25 	subdivision 20.; or
53.26 	(3) provide services to people in a city or township that is not within the seven-county 
53.27 	metropolitan area as defined in section 473.121, subdivision 2, and is not the city of Duluth, 
53.28 	Mankato, Moorhead, Rochester, or St. Cloud.

54.1 	Sec. 3. Minnesota Statutes 2023 Supplement, section 256.969, subdivision 2b, is amended 
54.2 	to read:
54.3 		Subd. 2b.Hospital payment rates. (a) For discharges occurring on or after November 
54.4 	1, 2014, hospital inpatient services for hospitals located in Minnesota shall be paid according 
54.5 	to the following:
54.6 	(1) critical access hospitals as defined by Medicare shall be paid using a cost-based 
54.7 	methodology;
54.8 	(2) long-term hospitals as defined by Medicare shall be paid on a per diem methodology 
54.9 	under subdivision 25;
54.10 	(3) rehabilitation hospitals or units of hospitals that are recognized as rehabilitation 
54.11 	distinct parts as defined by Medicare shall be paid according to the methodology under 
54.12 	subdivision 12; and
54.13 	(4) all other hospitals shall be paid on a diagnosis-related group (DRG) methodology.
54.14 	(b) For the period beginning January 1, 2011, through October 31, 2014, rates shall not 
54.15 	be rebased, except that a Minnesota long-term hospital shall be rebased effective January 
54.16 	1, 2011, based on its most recent Medicare cost report ending on or before September 1, 
54.17 	2008, with the provisions under subdivisions 9 and 23, based on the rates in effect on 
54.18 	December 31, 2010. For rate setting periods after November 1, 2014, in which the base 
54.19 	years are updated, a Minnesota long-term hospital's base year shall remain within the same 
54.20 	period as other hospitals.
54.21 	(c) Effective for discharges occurring on and after November 1, 2014, payment rates 
54.22 	for hospital inpatient services provided by hospitals located in Minnesota or the local trade 
54.23 	area, except for the hospitals paid under the methodologies described in paragraph (a), 
54.24 	clauses (2) and (3), shall be rebased, incorporating cost and payment methodologies in a 
54.25 	manner similar to Medicare. The base year or years for the rates effective November 1, 
54.26 	2014, shall be calendar year 2012. The rebasing under this paragraph shall be budget neutral, 
54.27 	ensuring that the total aggregate payments under the rebased system are equal to the total 
54.28 	aggregate payments that were made for the same number and types of services in the base 
54.29 	year. Separate budget neutrality calculations shall be determined for payments made to 
54.30 	critical access hospitals and payments made to hospitals paid under the DRG system. Only 
54.31 	the rate increases or decreases under subdivision 3a or 3c that applied to the hospitals being 
54.32 	rebased during the entire base period shall be incorporated into the budget neutrality 
54.33 	calculation.
55.1 	(d) For discharges occurring on or after November 1, 2014, through the next rebasing 
55.2 	that occurs, the rebased rates under paragraph (c) that apply to hospitals under paragraph 
55.3 	(a), clause (4), shall include adjustments to the projected rates that result in no greater than 
55.4 	a five percent increase or decrease from the base year payments for any hospital. Any 
55.5 	adjustments to the rates made by the commissioner under this paragraph and paragraph (e) 
55.6 	shall maintain budget neutrality as described in paragraph (c).
55.7 	(e) For discharges occurring on or after November 1, 2014, the commissioner may make 
55.8 	additional adjustments to the rebased rates, and when evaluating whether additional 
55.9 	adjustments should be made, the commissioner shall consider the impact of the rates on the 
55.10 	following:
55.11 	(1) pediatric services;
55.12 	(2) behavioral health services;
55.13 	(3) trauma services as defined by the National Uniform Billing Committee;
55.14 	(4) transplant services;
55.15 	(5) obstetric services, newborn services, and behavioral health services provided by 
55.16 	hospitals outside the seven-county metropolitan area;
55.17 	(6) outlier admissions;
55.18 	(7) low-volume providers; and
55.19 	(8) services provided by small rural hospitals that are not critical access hospitals.
55.20 	(f) Hospital payment rates established under paragraph (c) must incorporate the following:
55.21 	(1) for hospitals paid under the DRG methodology, the base year payment rate per 
55.22 	admission is standardized by the applicable Medicare wage index and adjusted by the 
55.23 	hospital's disproportionate population adjustment;
55.24 	(2) for critical access hospitals, payment rates for discharges between November 1, 2014, 
55.25 	and June 30, 2015, shall be set to the same rate of payment that applied for discharges on 
55.26 	October 31, 2014;
55.27 	(3) the cost and charge data used to establish hospital payment rates must only reflect 
55.28 	inpatient services covered by medical assistance; and
55.29 	(4) in determining hospital payment rates for discharges occurring on or after the rate 
55.30 	year beginning January 1, 2011, through December 31, 2012, the hospital payment rate per 
55.31 	discharge shall be based on the cost-finding methods and allowable costs of the Medicare 
56.1 	program in effect during the base year or years. In determining hospital payment rates for 
56.2 	discharges in subsequent base years, the per discharge rates shall be based on the cost-finding 
56.3 	methods and allowable costs of the Medicare program in effect during the base year or 
56.4 	years.
56.5 	(g) The commissioner shall validate the rates effective November 1, 2014, by applying 
56.6 	the rates established under paragraph (c), and any adjustments made to the rates under 
56.7 	paragraph (d) or (e), to hospital claims paid in calendar year 2013 to determine whether the 
56.8 	total aggregate payments for the same number and types of services under the rebased rates 
56.9 	are equal to the total aggregate payments made during calendar year 2013.
56.10 	(h) Effective for discharges occurring on or after July 1, 2017, and every two years 
56.11 	thereafter, payment rates under this section shall be rebased to reflect only those changes 
56.12 	in hospital costs between the existing base year or years and the next base year or years. In 
56.13 	any year that inpatient claims volume falls below the threshold required to ensure a 
56.14 	statistically valid sample of claims, the commissioner may combine claims data from two 
56.15 	consecutive years to serve as the base year. Years in which inpatient claims volume is 
56.16 	reduced or altered due to a pandemic or other public health emergency shall not be used as 
56.17 	a base year or part of a base year if the base year includes more than one year. Changes in 
56.18 	costs between base years shall be measured using the lower of the hospital cost index defined 
56.19 	in subdivision 1, paragraph (a), or the percentage change in the case mix adjusted cost per 
56.20 	claim. The commissioner shall establish the base year for each rebasing period considering 
56.21 	the most recent year or years for which filed Medicare cost reports are available, except 
56.22 	that the base years for the rebasing effective July 1, 2023, are calendar years 2018 and 2019. 
56.23 	The estimated change in the average payment per hospital discharge resulting from a 
56.24 	scheduled rebasing must be calculated and made available to the legislature by January 15 
56.25 	of each year in which rebasing is scheduled to occur, and must include by hospital the 
56.26 	differential in payment rates compared to the individual hospital's costs.
56.27 	(i) Effective for discharges occurring on or after July 1, 2015, inpatient payment rates 
56.28 	for critical access hospitals located in Minnesota or the local trade area shall be determined 
56.29 	using a new cost-based methodology. The commissioner shall establish within the 
56.30 	methodology tiers of payment designed to promote efficiency and cost-effectiveness. 
56.31 	Payment rates for hospitals under this paragraph shall be set at a level that does not exceed 
56.32 	the total cost for critical access hospitals as reflected in base year cost reports. Until the 
56.33 	next rebasing that occurs, the new methodology shall result in no greater than a five percent 
56.34 	decrease from the base year payments for any hospital, except a hospital that had payments 
56.35 	that were greater than 100 percent of the hospital's costs in the base year shall have their 
57.1 	rate set equal to 100 percent of costs in the base year. The rates paid for discharges on and 
57.2 	after July 1, 2016, covered under this paragraph shall be increased by the inflation factor 
57.3 	in subdivision 1, paragraph (a). The new cost-based rate shall be the final rate and shall not 
57.4 	be settled to actual incurred costs. Hospitals shall be assigned a payment tier based on the 
57.5 	following criteria:
57.6 	(1) hospitals that had payments at or below 80 percent of their costs in the base year 
57.7 	shall have a rate set that equals 85 percent of their base year costs;
57.8 	(2) hospitals that had payments that were above 80 percent, up to and including 90 
57.9 	percent of their costs in the base year shall have a rate set that equals 95 percent of their 
57.10 	base year costs; and
57.11 	(3) hospitals that had payments that were above 90 percent of their costs in the base year 
57.12 	shall have a rate set that equals 100 percent of their base year costs.
57.13 	(j) The commissioner may refine the payment tiers and criteria for critical access hospitals 
57.14 	to coincide with the next rebasing under paragraph (h). The factors used to develop the new 
57.15 	methodology may include, but are not limited to:
57.16 	(1) the ratio between the hospital's costs for treating medical assistance patients and the 
57.17 	hospital's charges to the medical assistance program;
57.18 	(2) the ratio between the hospital's costs for treating medical assistance patients and the 
57.19 	hospital's payments received from the medical assistance program for the care of medical 
57.20 	assistance patients;
57.21 	(3) the ratio between the hospital's charges to the medical assistance program and the 
57.22 	hospital's payments received from the medical assistance program for the care of medical 
57.23 	assistance patients;
57.24 	(4) the statewide average increases in the ratios identified in clauses (1), (2), and (3);
57.25 	(5) the proportion of that hospital's costs that are administrative and trends in 
57.26 	administrative costs; and
57.27 	(6) geographic location.
57.28 	(k) Effective for discharges occurring on or after January 1, 2024, the rates paid to 
57.29 	hospitals described in paragraph (a), clauses (2) to (4), must include a rate factor specific 
57.30 	to each hospital that qualifies for a medical education and research cost distribution under 
57.31 	section 62J.692, subdivision 4, paragraph (a).
58.1 	(l) Effective for discharges occurring on or after January 1, 2025, the commissioner shall 
58.2 	increase payments for inpatient mental health services provided by hospitals paid under the 
58.3 	DRG methodology by increasing the adjustment for mental health services under paragraph 
58.4 	(e).
58.5 	(m) Effective for discharges occurring on or after January 1, 2025, the commissioner 
58.6 	shall increase capitation payments made to managed care plans and county-based purchasing 
58.7 	plans to reflect the rate increase provided under paragraph (l). Managed care and 
58.8 	county-based purchasing plans must use the capitation rate increase provided under this 
58.9 	paragraph to increase payment rates for inpatient mental health services provided by hospitals 
58.10 	paid under the DRG methodology. The commissioner must monitor the effect of this rate 
58.11 	increase on enrollee access to inpatient mental health services. If for any contract year 
58.12 	federal approval is not received for this paragraph, the commissioner must adjust the 
58.13 	capitation rates paid to managed care plans and county-based purchasing plans for that 
58.14 	contract year to reflect the removal of this paragraph. Contracts between managed care 
58.15 	plans and county-based purchasing plans and providers to whom this paragraph applies 
58.16 	must allow recovery of payments from those providers if capitation rates are adjusted in 
58.17 	accordance with this paragraph. Payment recoveries must not exceed the amount equal to 
58.18 	any increase in rates that results from this paragraph.

58.19 	Sec. 4. [256B.0617] MENTAL HEALTH SERVICES PROVIDER CERTIFICATION.
58.20 	(a) The commissioner of human services shall establish an initial provider entity 
58.21 	application and certification and recertification processes to determine whether a provider 
58.22 	entity has administrative and clinical infrastructures that meet the certification requirements. 
58.23 	This process shall apply to providers of the following services:
58.24 	(1) assertive community treatment under section 256B.0622, subdivision 3a;
58.25 	(2) children's intensive behavioral health services under section 256B.0946; and
58.26 	(3) intensive nonresidential rehabilitative mental health services under section 256B.0947.
58.27 	(b) The commissioner shall recertify a provider entity every three years using the 
58.28 	individual provider's certification anniversary or the calendar year end. The commissioner 
58.29 	may approve a recertification extension in the interest of sustaining services when a certain 
58.30 	date for recertification is identified.
58.31 	(c) The commissioner shall establish a process for decertification of a provider entity 
58.32 	and shall require corrective action, medical assistance repayment, or decertification of a 
58.33 	provider entity that no longer meets the requirements in this section or that fails to meet the 
59.1 	clinical quality standards or administrative standards provided by the commissioner in the 
59.2 	application and certification process.
59.3 	(d) The commissioner must provide the following to provider entities for the certification, 
59.4 	recertification, and decertification processes:
59.5 	(1) a structured listing of required provider certification criteria;
59.6 	(2) a formal written letter with a determination of certification, recertification, or 
59.7 	decertification signed by the commissioner or the appropriate division director; and
59.8 	(3) a formal written communication outlining the process for necessary corrective action 
59.9 	and follow-up by the commissioner signed by the commissioner or the appropriate division 
59.10 	director, if applicable.

59.11 	EFFECTIVE DATE. This section is effective July 1, 2024, and the commissioner of 
59.12 	human services must implement all requirements of this section by September 1, 2024.

59.13 	Sec. 5. Minnesota Statutes 2023 Supplement, section 256B.0625, subdivision 5m, is 
59.14 	amended to read:
59.15 		Subd. 5m.Certified community behavioral health clinic services. (a) Medical 
59.16 	assistance covers services provided by a not-for-profit certified community behavioral health 
59.17 	clinic (CCBHC) that meets the requirements of section 245.735, subdivision 3.
59.18 	(b) The commissioner shall reimburse CCBHCs on a per-day basis for each day that an 
59.19 	eligible service is delivered using the CCBHC daily bundled rate system for medical 
59.20 	assistance payments as described in paragraph (c). The commissioner shall include a quality 
59.21 	incentive payment in the CCBHC daily bundled rate system as described in paragraph (e). 
59.22 	There is no county share for medical assistance services when reimbursed through the 
59.23 	CCBHC daily bundled rate system.
59.24 	(c) The commissioner shall ensure that the CCBHC daily bundled rate system for CCBHC 
59.25 	payments under medical assistance meets the following requirements:
59.26 	(1) the CCBHC daily bundled rate shall be a provider-specific rate calculated for each 
59.27 	CCBHC, based on the daily cost of providing CCBHC services and the total annual allowable 
59.28 	CCBHC costs divided by the total annual number of CCBHC visits. For calculating the 
59.29 	payment rate, total annual visits include visits covered by medical assistance and visits not 
59.30 	covered by medical assistance. Allowable costs include but are not limited to the salaries 
59.31 	and benefits of medical assistance providers; the cost of CCBHC services provided under 
60.1 	section 245.735, subdivision 3, paragraph (a), clauses (6) and (7); and other costs such as 
60.2 	insurance or supplies needed to provide CCBHC services;
60.3 	(2) payment shall be limited to one payment per day per medical assistance enrollee 
60.4 	when an eligible CCBHC service is provided. A CCBHC visit is eligible for reimbursement 
60.5 	if at least one of the CCBHC services listed under section 245.735, subdivision 3, paragraph 
60.6 	(a), clause (6), is furnished to a medical assistance enrollee by a health care practitioner or 
60.7 	licensed agency employed by or under contract with a CCBHC;
60.8 	(3) initial CCBHC daily bundled rates for newly certified CCBHCs under section 245.735, 
60.9 	subdivision 3, shall be established by the commissioner using a provider-specific rate based 
60.10 	on the newly certified CCBHC's audited historical cost report data adjusted for the expected 
60.11 	cost of delivering CCBHC services. Estimates are subject to review by the commissioner 
60.12 	and must include the expected cost of providing the full scope of CCBHC services and the 
60.13 	expected number of visits for the rate period;
60.14 	(4) the commissioner shall rebase CCBHC rates once every two years following the last 
60.15 	rebasing and no less than 12 months following an initial rate or a rate change due to a change 
60.16 	in the scope of services. For CCBHCs certified after September 31, 2020, and before January 
60.17 	1, 2021, the commissioner shall rebase rates according to this clause beginning for dates of 
60.18 	service provided on January 1, 2024;
60.19 	(5) the commissioner shall provide for a 60-day appeals process after notice of the results 
60.20 	of the rebasing;
60.21 	(6) an entity that receives a CCBHC daily bundled rate that overlaps with another federal 
60.22 	Medicaid rate is not eligible for the CCBHC rate methodology;
60.23 	(7) payments for CCBHC services to individuals enrolled in managed care shall be 
60.24 	coordinated with the state's phase-out of CCBHC wrap payments. The commissioner shall 
60.25 	complete the phase-out of CCBHC wrap payments within 60 days of the implementation 
60.26 	of the CCBHC daily bundled rate system in the Medicaid Management Information System 
60.27 	(MMIS), for CCBHCs reimbursed under this chapter, with a final settlement of payments 
60.28 	due made payable to CCBHCs no later than 18 months thereafter;
60.29 	(8) the CCBHC daily bundled rate for each CCBHC shall be updated by trending each 
60.30 	provider-specific rate by the Medicare Economic Index for primary care services. This 
60.31 	update shall occur each year in between rebasing periods determined by the commissioner 
60.32 	in accordance with clause (4). CCBHCs must provide data on costs and visits to the state 
60.33 	annually using the CCBHC cost report established by the commissioner; and
61.1 	(9) a CCBHC may request a rate adjustment for changes in the CCBHC's scope of 
61.2 	services when such changes are expected to result in an adjustment to the CCBHC payment 
61.3 	rate by 2.5 percent or more. The CCBHC must provide the commissioner with information 
61.4 	regarding the changes in the scope of services, including the estimated cost of providing 
61.5 	the new or modified services and any projected increase or decrease in the number of visits 
61.6 	resulting from the change. Estimated costs are subject to review by the commissioner. Rate 
61.7 	adjustments for changes in scope shall occur no more than once per year in between rebasing 
61.8 	periods per CCBHC and are effective on the date of the annual CCBHC rate update.
61.9 	(d) Managed care plans and county-based purchasing plans shall reimburse CCBHC 
61.10 	providers at the CCBHC daily bundled rate. The commissioner shall monitor the effect of 
61.11 	this requirement on the rate of access to the services delivered by CCBHC providers. If, for 
61.12 	any contract year, federal approval is not received for this paragraph, the commissioner 
61.13 	must adjust the capitation rates paid to managed care plans and county-based purchasing 
61.14 	plans for that contract year to reflect the removal of this provision. Contracts between 
61.15 	managed care plans and county-based purchasing plans and providers to whom this paragraph 
61.16 	applies must allow recovery of payments from those providers if capitation rates are adjusted 
61.17 	in accordance with this paragraph. Payment recoveries must not exceed the amount equal 
61.18 	to any increase in rates that results from this provision. This paragraph expires if federal 
61.19 	approval is not received for this paragraph at any time.
61.20 	(e) The commissioner shall implement a quality incentive payment program for CCBHCs 
61.21 	that meets the following requirements:
61.22 	(1) a CCBHC shall receive a quality incentive payment upon meeting specific numeric 
61.23 	thresholds for performance metrics established by the commissioner, in addition to payments 
61.24 	for which the CCBHC is eligible under the CCBHC daily bundled rate system described in 
61.25 	paragraph (c);
61.26 	(2) a CCBHC must be certified and enrolled as a CCBHC for the entire measurement 
61.27 	year to be eligible for incentive payments;
61.28 	(3) each CCBHC shall receive written notice of the criteria that must be met in order to 
61.29 	receive quality incentive payments at least 90 days prior to the measurement year; and
61.30 	(4) a CCBHC must provide the commissioner with data needed to determine incentive 
61.31 	payment eligibility within six months following the measurement year. The commissioner 
61.32 	shall notify CCBHC providers of their performance on the required measures and the 
61.33 	incentive payment amount within 12 months following the measurement year.
62.1 	(f) All claims to managed care plans for CCBHC services as provided under this section 
62.2 	shall be submitted directly to, and paid by, the commissioner on the dates specified no later 
62.3 	than January 1 of the following calendar year, if:
62.4 	(1) one or more managed care plans does not comply with the federal requirement for 
62.5 	payment of clean claims to CCBHCs, as defined in Code of Federal Regulations, title 42, 
62.6 	section 447.45(b), and the managed care plan does not resolve the payment issue within 30 
62.7 	days of noncompliance; and
62.8 	(2) the total amount of clean claims not paid in accordance with federal requirements 
62.9 	by one or more managed care plans is 50 percent of, or greater than, the total CCBHC claims 
62.10 	eligible for payment by managed care plans.
62.11 	If the conditions in this paragraph are met between January 1 and June 30 of a calendar 
62.12 	year, claims shall be submitted to and paid by the commissioner beginning on January 1 of 
62.13 	the following year. If the conditions in this paragraph are met between July 1 and December 
62.14 	31 of a calendar year, claims shall be submitted to and paid by the commissioner beginning 
62.15 	on July 1 of the following year.
62.16 	(g) Peer services provided by a CCBHC certified under section 245.735 are a covered 
62.17 	service under medical assistance when a licensed mental health professional or alcohol and 
62.18 	drug counselor determines that peer services are medically necessary. Eligibility under this 
62.19 	subdivision for peer services provided by a CCBHC supersede eligibility standards under 
62.20 	sections 256B.0615, 256B.0616, and 245G.07, subdivision 2, clause (8).

62.21 	Sec. 6. Minnesota Statutes 2022, section 256B.0757, subdivision 4a, is amended to read:
62.22 		Subd. 4a.Behavioral health home services provider requirements. A behavioral 
62.23 	health home services provider must:
62.24 	(1) be an enrolled Minnesota Health Care Programs provider;
62.25 	(2) provide a medical assistance covered primary care or behavioral health service;
62.26 	(3) utilize an electronic health record;
62.27 	(4) utilize an electronic patient registry that contains data elements required by the 
62.28 	commissioner;
62.29 	(5) demonstrate the organization's capacity to administer screenings approved by the 
62.30 	commissioner for substance use disorder or alcohol and tobacco use;
62.31 	(6) demonstrate the organization's capacity to refer an individual to resources appropriate 
62.32 	to the individual's screening results;
63.1 	(7) have policies and procedures to track referrals to ensure that the referral met the 
63.2 	individual's needs;
63.3 	(8) conduct a brief needs assessment when an individual begins receiving behavioral 
63.4 	health home services. The brief needs assessment must be completed with input from the 
63.5 	individual and the individual's identified supports. The brief needs assessment must address 
63.6 	the individual's immediate safety and transportation needs and potential barriers to 
63.7 	participating in behavioral health home services;
63.8 	(9) conduct a health wellness assessment within 60 days after intake that contains all 
63.9 	required elements identified by the commissioner;
63.10 	(10) conduct a health action plan that contains all required elements identified by the 
63.11 	commissioner. The plan must be completed within 90 days after intake and must be updated 
63.12 	at least once every six months, or more frequently if significant changes to an individual's 
63.13 	needs or goals occur;
63.14 	(11) agree to cooperate with and participate in the state's monitoring and evaluation of 
63.15 	behavioral health home services; and
63.16 	(12) obtain the individual's written consent to begin receiving behavioral health home 
63.17 	services using a form approved by the commissioner.

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

63.19 	Sec. 7. Minnesota Statutes 2022, section 256B.0757, subdivision 4d, is amended to read:
63.20 		Subd. 4d.Behavioral health home services delivery standards. (a) A behavioral health 
63.21 	home services provider must meet the following service delivery standards:
63.22 	(1) establish and maintain processes to support the coordination of an individual's primary 
63.23 	care, behavioral health, and dental care;
63.24 	(2) maintain a team-based model of care, including regular coordination and 
63.25 	communication between behavioral health home services team members;
63.26 	(3) use evidence-based practices that recognize and are tailored to the medical, social, 
63.27 	economic, behavioral health, functional impairment, cultural, and environmental factors 
63.28 	affecting the individual's health and health care choices;
63.29 	(4) use person-centered planning practices to ensure the individual's health action plan 
63.30 	accurately reflects the individual's preferences, goals, resources, and optimal outcomes for 
63.31 	the individual and the individual's identified supports;
64.1 	(5) use the patient registry to identify individuals and population subgroups requiring 
64.2 	specific levels or types of care and provide or refer the individual to needed treatment, 
64.3 	intervention, or services;
64.4 	(6) utilize the Department of Human Services Partner Portal to identify past and current 
64.5 	treatment or services and identify potential gaps in care using a tool approved by the 
64.6 	commissioner;
64.7 	(7) deliver services consistent with the standards for frequency and face-to-face contact 
64.8 	required by the commissioner;
64.9 	(8) ensure that a diagnostic assessment is completed for each individual receiving 
64.10 	behavioral health home services within six months of the start of behavioral health home 
64.11 	services;
64.12 	(9) deliver services in locations and settings that meet the needs of the individual;
64.13 	(10) provide a central point of contact to ensure that individuals and the individual's 
64.14 	identified supports can successfully navigate the array of services that impact the individual's 
64.15 	health and well-being;
64.16 	(11) have capacity to assess an individual's readiness for change and the individual's 
64.17 	capacity to integrate new health care or community supports into the individual's life;
64.18 	(12) offer or facilitate the provision of wellness and prevention education on 
64.19 	evidenced-based curriculums specific to the prevention and management of common chronic 
64.20 	conditions;
64.21 	(13) help an individual set up and prepare for medical, behavioral health, social service, 
64.22 	or community support appointments, including accompanying the individual to appointments 
64.23 	as appropriate, and providing follow-up with the individual after these appointments;
64.24 	(14) offer or facilitate the provision of health coaching related to chronic disease 
64.25 	management and how to navigate complex systems of care to the individual, the individual's 
64.26 	family, and identified supports;
64.27 	(15) connect an individual, the individual's family, and identified supports to appropriate 
64.28 	support services that help the individual overcome access or service barriers, increase 
64.29 	self-sufficiency skills, and improve overall health;
64.30 	(16) provide effective referrals and timely access to services; and
64.31 	(17) establish a continuous quality improvement process for providing behavioral health 
64.32 	home services.
65.1 	(b) The behavioral health home services provider must also create a plan, in partnership 
65.2 	with the individual and the individual's identified supports, to support the individual after 
65.3 	discharge from a hospital, residential treatment program, or other setting. The plan must 
65.4 	include protocols for:
65.5 	(1) maintaining contact between the behavioral health home services team member, the 
65.6 	individual, and the individual's identified supports during and after discharge;
65.7 	(2) linking the individual to new resources as needed;
65.8 	(3) reestablishing the individual's existing services and community and social supports; 
65.9 	and
65.10 	(4) following up with appropriate entities to transfer or obtain the individual's service 
65.11 	records as necessary for continued care.
65.12 	(c) If the individual is enrolled in a managed care plan, a behavioral health home services 
65.13 	provider must:
65.14 	(1) notify the behavioral health home services contact designated by the managed care 
65.15 	plan within 30 days of when the individual begins behavioral health home services; and
65.16 	(2) adhere to the managed care plan communication and coordination requirements 
65.17 	described in the behavioral health home services manual.
65.18 	(d) Before terminating behavioral health home services, the behavioral health home 
65.19 	services provider must:
65.20 	(1) provide a 60-day notice of termination of behavioral health home services to all 
65.21 	individuals receiving behavioral health home services, the commissioner, and managed care 
65.22 	plans, if applicable; and
65.23 	(2) refer individuals receiving behavioral health home services to a new behavioral 
65.24 	health home services provider.

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

65.26 	Sec. 8. Minnesota Statutes 2022, section 256B.0757, subdivision 5, is amended to read:
65.27 		Subd. 5.Payments for health home services. The commissioner shall make payments 
65.28 	to each designated provider for the provision of health home services described in subdivision 
65.29 	3, other than behavioral health home services, to each eligible individual under subdivision 
65.30 	2 that selects the health home as a provider.

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

66.4 	Sec. 9. Minnesota Statutes 2022, section 256B.0757, is amended by adding a subdivision 
66.5 	to read:
66.6 		Subd. 5a.Payments for behavioral health home services. (a) Notwithstanding 
66.7 	subdivision 5, the commissioner shall determine and implement a single statewide 
66.8 	reimbursement rate for behavioral health home services under this section. The rate must 
66.9 	be no less than $408 per member per month. The commissioner must adjust the statewide 
66.10 	reimbursement rate annually according to the change from the midpoint of the previous rate 
66.11 	year to the midpoint of the rate year for which the rate is being determined using the Centers 
66.12 	for Medicare and Medicaid Services Medicare Economic Index as forecasted in the fourth 
66.13 	quarter of the calendar year before the rate year.
66.14 	(b) The commissioner must review and update the behavioral health home service rate 
66.15 	under paragraph (a) at least every four years. The updated rate must account for the average 
66.16 	hours required for behavioral health home team members spent providing services and the 
66.17 	Department of Labor prevailing wage for required behavioral health home team members. 
66.18 	The updated rate must ensure that behavioral health home services rates are sufficient to 
66.19 	allow providers to meet required certifications, training, and practice transformation 
66.20 	standards, staff qualification requirements, and service delivery standards.

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

66.24 	Sec. 10. Minnesota Statutes 2023 Supplement, section 256B.76, subdivision 1, is amended 
66.25 	to read:
66.26 		Subdivision 1.Physician and professional services reimbursement.  (a) Effective for 
66.27 	services rendered on or after October 1, 1992, the commissioner shall make payments for 
66.28 	physician services as follows:
66.29 	(1) payment for level one Centers for Medicare and Medicaid Services' common 
66.30 	procedural coding system codes titled "office and other outpatient services," "preventive 
66.31 	medicine new and established patient," "delivery, antepartum, and postpartum care," "critical 
66.32 	care," cesarean delivery and pharmacologic management provided to psychiatric patients, 
67.1 	and level three codes for enhanced services for prenatal high risk, shall be paid at the lower 
67.2 	of (i) submitted charges, or (ii) 25 percent above the rate in effect on June 30, 1992;
67.3 	(2) payments for all other services shall be paid at the lower of (i) submitted charges, 
67.4 	or (ii) 15.4 percent above the rate in effect on June 30, 1992; and
67.5 	(3) all physician rates shall be converted from the 50th percentile of 1982 to the 50th 
67.6 	percentile of 1989, less the percent in aggregate necessary to equal the above increases 
67.7 	except that payment rates for home health agency services shall be the rates in effect on 
67.8 	September 30, 1992.
67.9 	(b) (a) Effective for services rendered on or after January 1, 2000, through December 
67.10 	31, 2024, payment rates for physician and professional services shall be increased by three 
67.11 	percent over the rates in effect on December 31, 1999, except for home health agency and 
67.12 	family planning agency services. The increases in this paragraph shall be implemented 
67.13 	January 1, 2000, for managed care.
67.14 	(c) (b) Effective for services rendered on or after July 1, 2009, through December 31, 
67.15 	2024, payment rates for physician and professional services shall be reduced by five percent, 
67.16 	except that for the period July 1, 2009, through June 30, 2010, payment rates shall be reduced 
67.17 	by 6.5 percent for the medical assistance and general assistance medical care programs, 
67.18 	over the rates in effect on June 30, 2009. This reduction and the reductions in paragraph (d) 
67.19 	do not apply to office or other outpatient visits, preventive medicine visits and family 
67.20 	planning visits billed by physicians, advanced practice registered nurses, or physician 
67.21 	assistants in a family planning agency or in one of the following primary care practices: 
67.22 	general practice, general internal medicine, general pediatrics, general geriatrics, and family 
67.23 	medicine. This reduction and the reductions in paragraph (d) do not apply to federally 
67.24 	qualified health centers, rural health centers, and Indian health services. Effective October 
67.25 	1, 2009, payments made to managed care plans and county-based purchasing plans under 
67.26 	sections 256B.69, 256B.692, and 256L.12 shall reflect the payment reduction described in 
67.27 	this paragraph.
67.28 	(d) (c) Effective for services rendered on or after July 1, 2010, through December 31, 
67.29 	2024, payment rates for physician and professional services shall be reduced an additional 
67.30 	seven percent over the five percent reduction in rates described in paragraph (c). This 
67.31 	additional reduction does not apply to physical therapy services, occupational therapy 
67.32 	services, and speech pathology and related services provided on or after July 1, 2010. This 
67.33 	additional reduction does not apply to physician services billed by a psychiatrist or an 
67.34 	advanced practice registered nurse with a specialty in mental health. Effective October 1, 
68.1 	2010, payments made to managed care plans and county-based purchasing plans under 
68.2 	sections 256B.69, 256B.692, and 256L.12 shall reflect the payment reduction described in 
68.3 	this paragraph.
68.4 	(e) Effective for services rendered on or after September 1, 2011, through June 30, 2013, 
68.5 	payment rates for physician and professional services shall be reduced three percent from 
68.6 	the rates in effect on August 31, 2011. This reduction does not apply to physical therapy 
68.7 	services, occupational therapy services, and speech pathology and related services.
68.8 	(f) (d) Effective for services rendered on or after September 1, 2014, through December 
68.9 	31, 2024, payment rates for physician and professional services, including physical therapy, 
68.10 	occupational therapy, speech pathology, and mental health services shall be increased by 
68.11 	five percent from the rates in effect on August 31, 2014. In calculating this rate increase, 
68.12 	the commissioner shall not include in the base rate for August 31, 2014, the rate increase 
68.13 	provided under section 256B.76, subdivision 7. This increase does not apply to federally 
68.14 	qualified health centers, rural health centers, and Indian health services. Payments made to 
68.15 	managed care plans and county-based purchasing plans shall not be adjusted to reflect 
68.16 	payments under this paragraph.
68.17 	(g) (e) Effective for services rendered on or after July 1, 2015, payment rates for physical 
68.18 	therapy, occupational therapy, and speech pathology and related services provided by a 
68.19 	hospital meeting the criteria specified in section 62Q.19, subdivision 1, paragraph (a), clause 
68.20 	(4), shall be increased by 90 percent from the rates in effect on June 30, 2015. Payments 
68.21 	made to managed care plans and county-based purchasing plans shall not be adjusted to 
68.22 	reflect payments under this paragraph.
68.23 	(h) (f) Any ratables effective before July 1, 2015, do not apply to early intensive 
68.24 	developmental and behavioral intervention (EIDBI) benefits described in section 256B.0949.
68.25 	(i) (g) The commissioner may reimburse physicians and other licensed professionals for 
68.26 	costs incurred to pay the fee for testing newborns who are medical assistance enrollees for 
68.27 	heritable and congenital disorders under section 144.125, subdivision 1, paragraph (c), when 
68.28 	the sample is collected outside of an inpatient hospital or freestanding birth center and the 
68.29 	cost is not recognized by another payment source.

68.30 	Sec. 11. Minnesota Statutes 2022, section 256B.76, subdivision 6, is amended to read:
68.31 		Subd. 6.Medicare relative value units.  Effective for services rendered on or after 
68.32 	January 1, 2007, the commissioner shall make payments for physician and professional 
68.33 	services based on the Medicare relative value units (RVU's). This change shall be budget 
69.1 	neutral and the cost of implementing RVU's will be incorporated in the established conversion 
69.2 	factor (a) Effective for physician and professional services included in the Medicare Physician 
69.3 	Fee Schedule for mental health services, the commissioner shall make payments at rates 
69.4 	equal to 100 percent of the corresponding rates in the Medicare Physician Fee Schedule. 
69.5 	Payment rates set under this paragraph must use Medicare relative value units (RVUs) and 
69.6 	conversion factors equal to those in the Medicare Physician Fee Schedule to implement the 
69.7 	resource-based relative value scale.
69.8 	(b) The commissioner shall revise fee-for-service payment methodologies under this 
69.9 	section upon the issuance of a Medicare Physician Fee Schedule final rule by the Centers 
69.10 	for Medicare and Medicaid Services to ensure the payment rates under this subdivision are 
69.11 	equal to the corresponding rates in the final rule.
69.12 	(c) All mental health services performed in a primary care or mental health care health 
69.13 	professional shortage area, medically underserved area, or medically underserved population, 
69.14 	as maintained and updated by the United States Department of Health and Human Services, 
69.15 	are eligible for a ten percent bonus payment. Such services are eligible for a bonus based 
69.16 	upon the performance of the service in a health professional shortage area if the provider 
69.17 	maintains an office in a health professional shortage area.
69.18 	(d) Effective for services rendered on or after January 1, 2025, the commissioner shall 
69.19 	increase capitation payments made to managed care plans and county-based purchasing 
69.20 	plans to reflect the rate increases provided under this subdivision. Managed care and 
69.21 	county-based purchasing plans must use the capitation rate increase provided under this 
69.22 	paragraph to increase payment rates to the providers corresponding to the rate increases. 
69.23 	The commissioner must monitor the effect of this rate increase on enrollee access to services 
69.24 	under this subdivision. If for any contract year federal approval is not received for this 
69.25 	paragraph, the commissioner must adjust the capitation rates paid to managed care plans 
69.26 	and county-based purchasing plans for that contract year to reflect the removal of this 
69.27 	paragraph. Contracts between managed care plans and county-based purchasing plans and 
69.28 	providers to whom this paragraph applies must allow recovery of payments from those 
69.29 	providers if capitation rates are adjusted in accordance with this paragraph. Payment 
69.30 	recoveries must not exceed the amount equal to any increase in rates that results from this 
69.31 	paragraph.

70.1 	Sec. 12. Minnesota Statutes 2023 Supplement, section 256B.761, is amended to read:
70.2 	256B.761 REIMBURSEMENT FOR MENTAL HEALTH SERVICES.
70.3 	(a) Effective for services rendered on or after July 1, 2001, payment for medication 
70.4 	management provided to psychiatric patients, outpatient mental health services, day treatment 
70.5 	services, home-based mental health services, and family community support services shall 
70.6 	be paid at the lower of (1) submitted charges, or (2) 75.6 percent of the 50th percentile of 
70.7 	1999 charges.
70.8 	(b) Effective July 1, 2001, the medical assistance rates for outpatient mental health 
70.9 	services provided by an entity that operates: (1) a Medicare-certified comprehensive 
70.10 	outpatient rehabilitation facility; and (2) a facility that was certified prior to January 1, 1993, 
70.11 	with at least 33 percent of the clients receiving rehabilitation services in the most recent 
70.12 	calendar year who are medical assistance recipients, will be increased by 38 percent, when 
70.13 	those services are provided within the comprehensive outpatient rehabilitation facility and 
70.14 	provided to residents of nursing facilities owned by the entity.
70.15 	(c) In addition to rate increases otherwise provided, the commissioner may restructure 
70.16 	coverage policy and rates to improve access to adult rehabilitative mental health services 
70.17 	under section 256B.0623 and related mental health support services under section 256B.021, 
70.18 	subdivision 4, paragraph (f), clause (2). For state fiscal years 2015 and 2016, the projected 
70.19 	state share of increased costs due to this paragraph is transferred from adult mental health 
70.20 	grants under sections 245.4661 and 256E.12. The transfer for fiscal year 2016 is a permanent 
70.21 	base adjustment for subsequent fiscal years. Payments made to managed care plans and 
70.22 	county-based purchasing plans under sections 256B.69, 256B.692, and 256L.12 shall reflect 
70.23 	the rate changes described in this paragraph.
70.24 	(d) Any ratables effective before July 1, 2015, do not apply to early intensive 
70.25 	developmental and behavioral intervention (EIDBI) benefits described in section 256B.0949.
70.26 	(e) Effective for services rendered on or after January 1, 2024, payment rates for 
70.27 	behavioral health services included in the rate analysis required by Laws 2021, First Special 
70.28 	Session chapter 7, article 17, section 18, except for adult day treatment services under section 
70.29 	256B.0671, subdivision 3; early intensive developmental and behavioral intervention services 
70.30 	under section 256B.0949; and substance use disorder services under chapter 254B, must be 
70.31 	increased by three percent from the rates in effect on December 31, 2023. Effective for 
70.32 	services rendered on or after January 1, 2025, payment rates for behavioral health services 
70.33 	included in the rate analysis required by Laws 2021, First Special Session chapter 7, article 
70.34 	17, section 18, except for adult day treatment services under section 256B.0671, subdivision 
71.1 	3; early intensive developmental behavioral intervention services under section 256B.0949; 
71.2 	and substance use disorder services under chapter 254B, must be annually adjusted according 
71.3 	to the change from the midpoint of the previous rate year to the midpoint of the rate year 
71.4 	for which the rate is being determined using the Centers for Medicare and Medicaid Services 
71.5 	Medicare Economic Index as forecasted in the fourth quarter of the calendar year before 
71.6 	the rate year. For payments made in accordance with this paragraph, if and to the extent 
71.7 	that the commissioner identifies that the state has received federal financial participation 
71.8 	for behavioral health services in excess of the amount allowed under United States Code, 
71.9 	title 42, section 447.321, the state shall repay the excess amount to the Centers for Medicare 
71.10 	and Medicaid Services with state money and maintain the full payment rate under this 
71.11 	paragraph. This paragraph does not apply to federally qualified health centers, rural health 
71.12 	centers, Indian health services, certified community behavioral health clinics, cost-based 
71.13 	rates, and rates that are negotiated with the county. This paragraph expires upon legislative 
71.14 	implementation of the new rate methodology resulting from the rate analysis required by 
71.15 	Laws 2021, First Special Session chapter 7, article 17, section 18.
71.16 	(f) Effective January 1, 2024, the commissioner shall increase capitation payments made 
71.17 	to managed care plans and county-based purchasing plans to reflect the behavioral health 
71.18 	service rate increase provided in paragraph (e). Managed care and county-based purchasing 
71.19 	plans must use the capitation rate increase provided under this paragraph to increase payment 
71.20 	rates to behavioral health services providers. The commissioner must monitor the effect of 
71.21 	this rate increase on enrollee access to behavioral health services. If for any contract year 
71.22 	federal approval is not received for this paragraph, the commissioner must adjust the 
71.23 	capitation rates paid to managed care plans and county-based purchasing plans for that 
71.24 	contract year to reflect the removal of this provision. Contracts between managed care plans 
71.25 	and county-based purchasing plans and providers to whom this paragraph applies must 
71.26 	allow recovery of payments from those providers if capitation rates are adjusted in accordance 
71.27 	with this paragraph. Payment recoveries must not exceed the amount equal to any increase 
71.28 	in rates that results from this provision.
71.29 	(g) Effective for mental health services under this section billed and coded under 
71.30 	Healthcare Common Procedure Coding System H, S, and T codes, the payment rates shall 
71.31 	be increased as necessary to align with the Medicare Physician Fee Schedule.

71.32 	Sec. 13. MENTAL HEALTH SERVICES FORMULA-BASED ALLOCATION.
 71.33 	The commissioner of human services shall consult with the commissioner of management 
71.34 	and budget, counties, Tribes, mental health providers, and advocacy organizations to develop 
72.1 	recommendations for moving from the children's and adult mental health grant funding 
72.2 	structure to a formula-based allocation structure for mental health services. The 
72.3 	recommendations must consider formula-based allocations for grants for respite care, 
72.4 	school-linked behavioral health, mobile crisis teams, and first episode of psychosis programs.

72.5 	
ARTICLE 772.6 	APPROPRIATIONS

72.7 	Section 1. Laws 2021, First Special Session chapter 7, article 17, section 12, as amended 
72.8 	by Laws 2022, chapter 98, article 15, section 13, Laws 2022, chapter 99, article 1, section 
72.9 	43, and Laws 2023, chapter 70, article 20, section 18, is amended to read:
72.10 	Sec. 12. ADULT AND CHILDREN'S MOBILE TRANSITION UNITS.
 72.11 	(a) This act includes $1,572,000 in fiscal year 2022 and $0 in fiscal year 2023 for the 
72.12 	commissioner of human services to create adult and children's mental health transition and 
72.13 	support teams to facilitate transition back to the community or to the least restrictive level 
72.14 	of care from inpatient psychiatric settings, emergency departments, inpatient hospitalization, 
72.15 	juvenile detention facilities, residential treatment facilities, and child and adolescent 
72.16 	behavioral health hospitals. Any unexpended amount in fiscal year 2022 is available through 
72.17 	June 30, 2023. The general fund base included in this act for this purpose is $1,875,000 in 
72.18 	fiscal year 2024 and $0 $2,500,000 in fiscal year 2025.
72.19 	(b) Beginning April 1, 2024, counties may fund and continue conducting activities 
72.20 	funded under this section.
72.21 	(c) This section expires March 31, 2024.

72.22 	EFFECTIVE DATE. This section is effective retroactively from January 1, 2024.

72.23 	Sec. 2. Laws 2023, chapter 70, article 20, section 2, subdivision 29, is amended to read:

72.24
72.25	Subd. 29.Grant Programs; Adult Mental Health 
Grants
 		132,327,000
		121,270,000
	
72.26 	(a) Mobile crisis grants to Tribal Nations. 
72.27 	$1,000,000 in fiscal year 2024 and $1,000,000 
72.28 	in fiscal year 2025 are for mobile crisis grants 
72.29 	under Minnesota Statutes section 245.4661, 
72.30 	subdivision 9, paragraph (b), clause (15), to 
72.31 	Tribal Nations.
73.1 	(b) Mental health provider supervision 
73.2 	grant program. $1,500,000 in fiscal year 
73.3 	2024 and $1,500,000 in fiscal year 2025 are 
73.4 	for the mental health provider supervision 
73.5 	grant program under Minnesota Statutes, 
73.6 	section 245.4663.
73.7 	(c) Minnesota State University, Mankato 
73.8 	community behavioral health center. 
73.9 	$750,000 in fiscal year 2024 and $750,000 in 
73.10 	fiscal year 2025 are for a grant to the Center 
73.11 	for Rural Behavioral Health at Minnesota State 
73.12 	University, Mankato to establish a community 
73.13 	behavioral health center and training clinic. 
73.14 	The community behavioral health center must 
73.15 	provide comprehensive, culturally specific, 
73.16 	trauma-informed, practice- and 
73.17 	evidence-based, person- and family-centered 
73.18 	mental health and substance use disorder 
73.19 	treatment services in Blue Earth County and 
73.20 	the surrounding region to individuals of all 
73.21 	ages, regardless of an individual's ability to 
73.22 	pay or place of residence. The community 
73.23 	behavioral health center and training clinic 
73.24 	must also provide training and workforce 
73.25 	development opportunities to students enrolled 
73.26 	in the university's training programs in the 
73.27 	fields of social work, counseling and student 
73.28 	personnel, alcohol and drug studies, 
73.29 	psychology, and nursing. Upon request, the 
73.30 	commissioner must make information 
73.31 	regarding the use of this grant funding 
73.32 	available to the chairs and ranking minority 
73.33 	members of the legislative committees with 
73.34 	jurisdiction over behavioral health. This is a 
73.35 	onetime appropriation and is available until 
73.36 	June 30, 2027.
74.1 	(d) White Earth Nation; adult mental health 
74.2 	initiative. $300,000 in fiscal year 2024 and 
74.3 	$300,000 in fiscal year 2025 are for adult 
74.4 	mental health initiative grants to the White 
74.5 	Earth Nation. This is a onetime appropriation.
74.6 	(e) Mobile crisis grants. $8,472,000 in fiscal 
74.7 	year 2024 and $8,380,000 $8,472,000 in fiscal 
74.8 	year 2025 are for the mobile crisis grants 
74.9 	under Minnesota Statutes, section 245.4661, 
74.10 	subdivision 9, paragraph (b), clause (15). This 
74.11 	is a onetime appropriation and is available 
74.12 	until June 30, 2027. This funding is added to 
74.13 	the base.
74.14 	(f) Base level adjustment. The general fund 
74.15 	base is $121,980,000 in fiscal year 2026 and 
74.16 	$121,980,000 in fiscal year 2027.

74.17 	Sec. 3. APPROPRIATION; SOMALI MENTAL HEALTH PILOT PROJECT.
 74.18 	(a) $900,000 in fiscal year 2024 and $900,000 in fiscal year 2025 are appropriated from 
74.19 	the general fund to the commissioner of human services for a grant to the Intercultural 
74.20 	Mutual Assistance Association for a pilot project in the city of Rochester to provide mental 
74.21 	health education and support services to Somali students and mothers. The Intercultural 
74.22 	Mutual Assistance Association shall partner with the Rochester Math and Science Academy 
74.23 	and the Somali American Social Service Association to implement the pilot project.
74.24 	(b) As part of the pilot project, the Intercultural Mutual Assistance Association and its 
74.25 	partners shall:
74.26 	(1) expand a dialectical behavioral therapy skills in schools pilot program for 20 or more 
74.27 	additional students attending the Rochester Math and Science Academy and offer the program 
74.28 	annually;
74.29 	(2) develop and provide an educational program at the Rochester Math and Science 
74.30 	Academy to build resiliency skills and improve students' social and emotional development; 
74.31 	and
74.32 	(3) establish a discussion group for mothers of students attending the Rochester Math 
74.33 	and Science Academy to promote physical and emotional wellness.
75.1 	(c) Grant funds may be used for pilot program development and implementation, staffing, 
75.2 	training, and administrative costs.
75.3 	(d) By January 15, 2025, the Intercultural Mutual Assistance Association must submit 
75.4 	a report to the chairs and ranking minority members of the legislative committees with 
75.5 	jurisdiction over mental health detailing the results of the pilot project. This is a onetime 
75.6 	appropriation.

75.7 	Sec. 4. APPROPRIATION; ENGAGEMENT SERVICES PILOT GRANTS.
 75.8 	$2,000,000 in fiscal year 2025 is appropriated from the general fund to the commissioner 
75.9 	of human services for engagement services pilot grants under Minnesota Statutes, section 
75.10 	253B.042. This funding is added to the base.

75.11 	Sec. 5. APPROPRIATION; PROTECTED TRANSPORT START-UP GRANTS.
 75.12 	$500,000 in fiscal year 2025 is appropriated from the general fund to the commissioner 
75.13 	of human services to provide start-up grants to nonemergency medical transportation 
75.14 	providers to configure vehicles to meet protected transport requirements. This funding is 
75.15 	added to the base.

75.16 	Sec. 6. APPROPRIATION; RESPITE CARE SERVICES.
 75.17 	(a) $5,000,000 in fiscal year 2025 is appropriated from the general fund to the 
75.18 	commissioner of human services for respite care services under Minnesota Statutes, section 
75.19 	245.4889, subdivision 1, paragraph (b), clause (3).
75.20 	(b) Of this appropriation, $1,000,000 in fiscal year 2025 is for grants to private 
75.21 	child-placing agencies, as defined in Minnesota Rules, chapter 9545, to conduct recruitment 
75.22 	and support licensing activities that are specific to increasing the availability of licensed 
75.23 	foster homes to provide respite care services.

75.24 	Sec. 7. APPROPRIATION; IN-HOME CHILDREN'S MENTAL HEALTH 
75.25 	INFRASTRUCTURE GRANTS.
 75.26 	(a) $5,000,000 in fiscal year 2025 is appropriated from the general fund to the 
75.27 	commissioner of human services for infrastructure grants to develop family-centered in-home 
75.28 	mental health services that include children's intensive behavioral health services under 
75.29 	Minnesota Statutes, section 256B.0946; intensive rehabilitative mental health services under 
75.30 	Minnesota Statutes, section 256B.0947; services under Minnesota Statutes, section 
75.31 	256B.0943, that are provided in the home; and high-fidelity wrap around and collaborative 
76.1 	intensive bridging services eligible for grants under Minnesota Statutes, section 245.4889, 
76.2 	subdivision 1, paragraph (b), clause (17).
76.3 	(b) Grant funding may be used for start-up costs, including but not limited to initial 
76.4 	hiring for specialized roles, staff training, technical assistance, and ancillary service costs 
76.5 	required to establish and support the launch of these intensive mental health team models.

76.6 	Sec. 8. APPROPRIATION; CHILDREN'S RESIDENTIAL TREATMENT 
76.7 	PROGRAMS.
 76.8 	$2,500,000 in fiscal year 2025 is appropriated from the general fund to the commissioner 
76.9 	of human services for a grant to an organization that provides children's residential treatment 
76.10 	for mental health and substance use disorder to modify and sustain its children's residential 
76.11 	treatment programs in Minnesota. Grant funds must be used to implement a planned 
76.12 	consolidation of existing children's residential treatment programs and to create a specialized 
76.13 	children's residential treatment program campus for children and youth with complex, 
76.14 	high-acuity behavioral health treatment needs. This is a onetime appropriation.

APPENDIX 

Repealed Minnesota Statutes: H3495-1 

256D.19 ABOLITION OF TOWNSHIP SYSTEM OF POOR RELIEF.Subdivision 1.Town system abolished. 
The town system for caring for the poor in each of the counties in which it is in effect is hereby abolished. The local social services agency of each county shall administer general assistance under the provisions of Laws 1973, chapter 650, article 21. 

Subd. 2.Local social services agencies duty. 
All local social services agencies affected by Laws 1973, chapter 650, article 21 are hereby authorized to take over for the county as of January 1, 1974, the ownership of all case records relating to the administration of poor relief. 

256D.20 TRANSFER OF TOWN EMPLOYEES.Subdivision 1.Rules for merit system. 
The term "merit system" as used herein shall mean the rules for a merit system of personnel administration for employees of local social services agencies adopted by the commissioner of human services in accordance with the provisions of section 393.07, including the merit system established for Hennepin County pursuant to Laws 1965, chapter 855, as amended, the federal Social Security article as amended, and merit system standards and regulations issued by the federal Social Security Board and the United States Children's Bureau. 

Subd. 2.Designation of employees. 
All employees of any municipality or town who are engaged full time in poor relief work therein on January 1, 1974 shall be retained as employees of the county and placed under the jurisdiction of its local social services agency. 

All transferred employees shall be blanketed into the merit system with comparable status, classification, longevity, and seniority, and subject to the administrative requirements of the local social services agency. Employees with permanent status under any civil service provision on January 1, 1974, shall be granted permanent status under the merit system at comparable classifications and in accordance with work assignments made under the authority of the local social services agency as provided by the merit system rules. 

The determination of proper job allocation shall be the responsibility of the personnel officer or director as provided under merit system rules applicable to the county involved with the right of appeal of allocation to the Merit System Council or personnel board by any employee affected by this transfer. 

All transferred employees shall receive salaries for the classification to which they are allocated in accordance with the schedule in effect for local social services agency employees and at a salary step which they normally would have received had they been employed by the local social services agency for the same period of service they had previously served under the civil service provisions of any municipality or town; provided, however, that no salary shall be reduced as a result of the transfer. 

All accumulated sick leave of transferred employees in the amount of 60 days or less shall be transferred to the records of the local social services agency and such accumulated sick leave shall be the legal liability of the local social services agency. All accumulated sick leave in excess of 60 days shall be paid in cash to transferred employees by the municipality or town by which they were employed prior to their transfer, at the time of transfer. In lieu of the cash payment, the municipality or town shall, at the option of the employee concerned, allow a leave of absence with pay, prior to transfer, for all or part of the accumulated sick leave. 

Subd. 3.Merit system transfer.  
Employees of municipalities and towns engaged in the work of administering poor relief who are not covered by civil service provisions shall be blanketed into the merit system subject to a qualifying examination. Employees with one year or more service shall be subject to a qualifying examination and those with less than one year's service shall be subject to an open competitive examination. 

Subd. 4.Disbursement of vacation time.  
All vacation leave of employees referred to in subdivision 2, accumulated prior to their transfer to county employment shall be paid in cash to them by the municipality or town by which they were employed prior to their transfer, and at the time of their transfer. In lieu of the cash payment, the municipality or town shall, at the option of the employee concerned, allow a leave of absence with pay, prior to such transfer, for all or part of the accumulated vacation time. 

256D.23 TEMPORARY COUNTY ASSISTANCE PROGRAM.Subdivision 1.Program established. 
Minnesota residents who meet the income and resource standards of section 256D.01, subdivision 1a, but do not qualify for cash benefits under sections 256D.01 to 256D.21, may qualify for a county payment under this section. 

Subd. 2.Payment amount, duration, and method. 
(a) A county may make a payment of up to $203 for a single individual and up to $260 for a married couple under the terms of this subdivision. 

(b) Payments to an individual or married couple may only be made once in a calendar year. If the applicant qualifies for a payment as a result of an emergency, as defined by the county, the payment shall be made within ten working days of the date of application. If the applicant does not qualify under the county definition of emergency, the payment shall be made at the beginning of the second month following the month of application, and the applicant must receive the payment in person at the local agency office. 

(c) Payments may be made in the form of cash or as vendor payments for rent and utilities. If vendor payments are made, they shall be equal to $203 for a single individual or $260 for a married couple, or the actual amount of rent and utilities, whichever is less. 

(d) Each county must develop policies and procedures as necessary to implement this section. 

(e) Payments under this section are not an entitlement. No county is required to make a payment in excess of the amount available to the county under subdivision 3. 

Subd. 3.State allocation to counties. 
The commissioner shall allocate to each county on an annual basis the amount specifically appropriated for payments under this section. The allocation shall be based on each county's proportionate share of state fiscal year 1994 work readiness expenditures. 

2960.0620USE OF PSYCHOTROPIC MEDICATIONS. Subp. 3.Monitoring for tardive dyskinesia.  
The license holder, under the direction of a medically licensed person, must monitor for tardive dyskinesia at least every three months if a resident is prescribed antipsychotic medication or amoxapine and must document the monitoring. A resident prescribed antipsychotic medication or amoxapine for more than 90 days must be checked for tardive dyskinesia at least 30 and 60 days after discontinuation of the antipsychotic medication or amoxapine. Monitoring must include use of a standardized rating scale and examination procedure. The license holder must provide the assessments to the physician for review if the results meet criteria that require physician review.