Office of the Revisor of Statutes
HF 2115
3rd Engrossment - 94th Legislature (2025 - 2026)
Posted on 05/27/2025 08:30 a.m.
2.43 2.44
2.45 2.46 2.47 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 4.1 4.2
4.3 4.4
4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 5.33 5.34 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 6.32 6.33 6.34 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 7.32 7.33 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29 8.30 8.31 8.32 8.33 8.34 8.35 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29 9.30 9.31 9.32 9.33 9.34 9.35 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21 10.22 10.23 10.24 10.25 10.26 10.27 10.28 10.29 10.30 10.31 10.32 10.33 10.34 11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14 11.15 11.16 11.17 11.18 11.19 11.20 11.21 11.22 11.23 11.24 11.25 11.26 11.27 11.28 11.29 11.30 11.31 11.32 11.33 11.34 12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10
12.11
12.12 12.13 12.14 12.15 12.16 12.17 12.18 12.19 12.20 12.21 12.22 12.23 12.24 12.25 12.26 12.27 12.28 12.29 12.30 12.31 12.32 12.33 13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8 13.9 13.10 13.11 13.12 13.13 13.14 13.15 13.16 13.17 13.18 13.19 13.20 13.21 13.22 13.23 13.24 13.25 13.26 13.27 13.28 13.29 13.30 13.31 13.32 14.1 14.2 14.3 14.4 14.5 14.6 14.7 14.8 14.9 14.10 14.11 14.12 14.13 14.14 14.15 14.16 14.17 14.18 14.19 14.20 14.21 14.22 14.23
14.24
14.25 14.26 14.27 14.28 14.29 14.30 14.31 15.1 15.2
15.3 15.4 15.5 15.6 15.7 15.8 15.9 15.10 15.11 15.12 15.13 15.14 15.15 15.16 15.17 15.18 15.19 15.20 15.21 15.22 15.23 15.24 15.25 15.26 15.27 15.28 15.29 15.30 15.31 16.1 16.2 16.3 16.4 16.5 16.6
16.7 16.8 16.9 16.10 16.11
16.12 16.13 16.14 16.15 16.16 16.17 16.18 16.19 16.20
16.21 16.22 16.23 16.24 16.25 16.26 16.27 16.28 16.29 17.1 17.2 17.3 17.4 17.5 17.6 17.7 17.8 17.9 17.10 17.11 17.12 17.13 17.14 17.15
17.16 17.17 17.18 17.19 17.20 17.21 17.22 17.23 17.24 17.25 17.26 17.27 17.28 17.29 17.30 17.31 18.1 18.2 18.3 18.4 18.5 18.6
18.7 18.8 18.9 18.10 18.11 18.12 18.13 18.14 18.15 18.16 18.17 18.18 18.19 18.20 18.21 18.22 18.23 18.24
18.25
18.26 18.27 18.28 18.29 19.1 19.2 19.3 19.4 19.5 19.6 19.7
19.8 19.9 19.10 19.11 19.12 19.13 19.14 19.15 19.16 19.17 19.18 19.19 19.20 19.21 19.22 19.23 19.24 19.25 19.26
19.27 19.28 19.29 19.30 19.31 20.1 20.2 20.3 20.4
20.5
20.6 20.7 20.8 20.9 20.10 20.11 20.12 20.13 20.14 20.15 20.16 20.17 20.18 20.19 20.20 20.21 20.22 20.23 20.24 20.25 20.26 20.27 20.28
20.29
21.1 21.2 21.3 21.4 21.5 21.6 21.7 21.8 21.9 21.10 21.11 21.12 21.13 21.14 21.15 21.16 21.17 21.18 21.19 21.20 21.21 21.22 21.23 21.24 21.25 21.26 21.27 21.28 21.29 21.30 21.31 21.32 22.1 22.2 22.3 22.4 22.5 22.6 22.7 22.8 22.9 22.10 22.11 22.12 22.13 22.14 22.15 22.16 22.17 22.18 22.19 22.20 22.21
22.22 22.23 22.24 22.25 22.26 22.27 22.28 22.29 22.30 22.31 23.1 23.2 23.3 23.4 23.5 23.6 23.7 23.8 23.9 23.10 23.11 23.12 23.13 23.14 23.15 23.16 23.17 23.18 23.19 23.20 23.21 23.22 23.23 23.24 23.25 23.26 23.27 23.28 23.29 23.30 23.31 23.32 23.33 24.1 24.2 24.3 24.4 24.5 24.6 24.7 24.8 24.9 24.10 24.11 24.12 24.13 24.14 24.15 24.16 24.17 24.18 24.19 24.20 24.21 24.22 24.23 24.24 24.25 24.26 24.27 24.28 24.29 24.30 24.31 24.32 24.33 25.1 25.2
25.3
25.4 25.5 25.6 25.7 25.8 25.9 25.10 25.11 25.12 25.13 25.14 25.15 25.16 25.17 25.18 25.19 25.20 25.21 25.22 25.23 25.24 25.25 25.26 25.27
25.28
26.1 26.2 26.3 26.4 26.5 26.6 26.7 26.8 26.9 26.10 26.11 26.12 26.13 26.14 26.15 26.16 26.17 26.18 26.19 26.20 26.21 26.22 26.23 26.24 26.25 26.26 26.27 26.28 26.29 26.30 26.31 27.1 27.2 27.3 27.4 27.5 27.6 27.7 27.8 27.9 27.10 27.11 27.12 27.13 27.14 27.15 27.16 27.17 27.18 27.19 27.20 27.21 27.22 27.23 27.24 27.25 27.26 27.27 27.28 27.29 27.30 27.31 27.32 27.33 27.34 28.1 28.2 28.3 28.4 28.5 28.6 28.7
28.8
28.9 28.10 28.11 28.12 28.13 28.14 28.15 28.16 28.17 28.18 28.19 28.20 28.21 28.22 28.23 28.24 28.25 28.26 28.27 28.28 28.29 28.30 28.31 28.32
28.33
29.1 29.2 29.3 29.4 29.5 29.6 29.7 29.8 29.9 29.10 29.11 29.12 29.13 29.14 29.15 29.16 29.17 29.18 29.19 29.20 29.21 29.22 29.23 29.24 29.25 29.26 29.27 29.28 29.29 29.30 29.31
30.1 30.2 30.3
30.4 30.5 30.6 30.7 30.8 30.9 30.10 30.11 30.12 30.13 30.14 30.15 30.16 30.17 30.18 30.19 30.20 30.21 30.22 30.23 30.24 30.25 30.26 30.27 30.28 30.29 30.30 30.31 31.1 31.2 31.3 31.4 31.5 31.6 31.7 31.8 31.9 31.10 31.11 31.12 31.13
31.14
31.15 31.16 31.17 31.18 31.19 31.20 31.21 31.22 31.23 31.24 31.25 31.26 31.27 31.28 31.29 31.30 31.31 32.1 32.2 32.3 32.4 32.5 32.6 32.7 32.8 32.9 32.10 32.11 32.12 32.13
32.14
32.15 32.16 32.17 32.18 32.19 32.20 32.21 32.22 32.23 32.24 32.25 32.26 32.27 32.28 33.1 33.2 33.3 33.4 33.5 33.6 33.7
33.8
33.9 33.10 33.11 33.12 33.13 33.14 33.15 33.16 33.17 33.18 33.19
33.20
33.21 33.22 33.23 33.24 33.25 33.26 33.27 33.28 33.29 33.30 33.31 33.32
34.1
34.2 34.3 34.4 34.5 34.6 34.7 34.8 34.9
34.10
34.11 34.12 34.13 34.14 34.15 34.16 34.17 34.18 34.19 34.20 34.21 34.22 34.23 34.24 34.25 34.26 34.27 34.28 34.29 34.30 35.1 35.2 35.3 35.4 35.5 35.6 35.7 35.8 35.9 35.10 35.11 35.12 35.13 35.14 35.15 35.16 35.17 35.18 35.19 35.20 35.21
35.22 35.23 35.24 35.25 35.26 35.27 35.28 35.29 35.30 35.31 35.32 36.1 36.2 36.3 36.4 36.5 36.6 36.7 36.8 36.9 36.10
36.11 36.12 36.13 36.14 36.15 36.16 36.17 36.18 36.19 36.20 36.21 36.22 36.23 36.24 36.25 36.26 36.27 36.28 36.29 36.30 37.1 37.2 37.3 37.4 37.5
37.6 37.7 37.8 37.9 37.10 37.11 37.12 37.13 37.14 37.15 37.16 37.17 37.18 37.19 37.20 37.21 37.22 37.23 37.24 37.25 37.26 37.27 37.28 37.29
37.30 37.31
38.1 38.2
38.3 38.4 38.5 38.6 38.7 38.8 38.9 38.10 38.11 38.12 38.13 38.14 38.15
38.16 38.17
38.18 38.19 38.20 38.21 38.22 38.23 38.24 38.25 38.26 38.27 38.28 38.29 38.30 39.1 39.2 39.3 39.4 39.5 39.6 39.7 39.8 39.9 39.10 39.11 39.12 39.13 39.14 39.15 39.16 39.17 39.18 39.19 39.20 39.21 39.22 39.23 39.24 39.25 39.26 39.27 39.28 39.29 39.30 39.31 40.1 40.2 40.3 40.4 40.5 40.6 40.7
40.8 40.9
40.10 40.11 40.12 40.13 40.14 40.15 40.16 40.17 40.18 40.19 40.20 40.21 40.22 40.23 40.24 40.25 40.26 40.27 40.28 40.29 40.30 40.31 40.32 40.33 41.1 41.2 41.3 41.4 41.5 41.6 41.7 41.8 41.9 41.10 41.11 41.12 41.13 41.14 41.15 41.16 41.17 41.18 41.19 41.20 41.21 41.22 41.23 41.24 41.25 41.26 41.27 41.28 41.29 41.30 41.31 41.32 41.33 42.1 42.2 42.3 42.4 42.5 42.6 42.7 42.8 42.9 42.10 42.11 42.12 42.13 42.14 42.15 42.16 42.17
42.18 42.19
42.20 42.21 42.22 42.23 42.24 42.25 42.26 42.27 42.28 42.29 42.30 42.31 42.32 42.33 43.1 43.2 43.3 43.4 43.5 43.6 43.7 43.8 43.9 43.10 43.11 43.12 43.13 43.14 43.15 43.16 43.17 43.18 43.19 43.20 43.21 43.22 43.23 43.24 43.25 43.26 43.27 43.28 43.29 43.30 43.31 44.1 44.2 44.3 44.4 44.5 44.6 44.7 44.8
44.9 44.10
44.11 44.12 44.13 44.14 44.15 44.16 44.17 44.18 44.19 44.20 44.21 44.22 44.23 44.24 44.25 44.26 44.27 44.28 44.29 44.30 44.31 44.32 45.1 45.2 45.3 45.4 45.5 45.6 45.7 45.8 45.9 45.10 45.11 45.12 45.13 45.14 45.15 45.16
45.17 45.18
45.19 45.20 45.21 45.22 45.23 45.24 45.25 45.26 45.27 45.28 45.29 45.30 45.31 45.32 45.33 46.1 46.2 46.3 46.4 46.5 46.6 46.7 46.8 46.9
46.10 46.11 46.12 46.13 46.14 46.15 46.16 46.17
46.18 46.19 46.20 46.21 46.22 46.23 46.24
46.25 46.26 46.27 46.28 46.29 46.30 46.31 46.32
47.1 47.2 47.3 47.4 47.5
47.6 47.7 47.8 47.9 47.10
47.11 47.12 47.13 47.14 47.15
47.16 47.17 47.18 47.19 47.20 47.21 47.22 47.23 47.24 47.25 47.26 47.27 47.28 47.29 47.30 47.31 48.1 48.2 48.3 48.4 48.5 48.6 48.7 48.8 48.9 48.10 48.11 48.12 48.13 48.14 48.15 48.16 48.17 48.18 48.19 48.20 48.21 48.22 48.23 48.24 48.25 48.26 48.27 48.28 48.29 48.30 48.31 49.1 49.2 49.3 49.4 49.5 49.6 49.7 49.8 49.9 49.10 49.11 49.12 49.13 49.14 49.15 49.16 49.17 49.18
49.19 49.20 49.21 49.22
49.23 49.24 49.25 49.26 49.27 49.28 49.29 49.30 50.1 50.2 50.3 50.4 50.5 50.6 50.7 50.8 50.9 50.10 50.11 50.12 50.13 50.14 50.15 50.16 50.17 50.18 50.19 50.20 50.21 50.22
50.23 50.24 50.25 50.26
50.27 50.28 50.29 50.30 50.31 50.32 51.1 51.2 51.3 51.4 51.5
51.6 51.7 51.8 51.9 51.10 51.11 51.12 51.13 51.14 51.15 51.16 51.17 51.18 51.19
51.20 51.21 51.22 51.23 51.24
51.25 51.26
51.27 51.28 51.29 51.30 52.1 52.2
52.3 52.4 52.5 52.6 52.7 52.8 52.9 52.10 52.11 52.12 52.13
52.14 52.15 52.16 52.17 52.18 52.19 52.20 52.21 52.22 52.23 52.24 52.25 52.26 52.27 52.28 52.29 52.30 52.31 53.1 53.2 53.3
53.4 53.5
53.6 53.7 53.8 53.9 53.10 53.11 53.12 53.13 53.14 53.15 53.16 53.17 53.18 53.19 53.20 53.21 53.22 53.23 53.24 53.25 53.26 53.27 53.28 53.29 53.30 53.31 53.32 54.1 54.2 54.3 54.4 54.5 54.6 54.7 54.8 54.9 54.10 54.11 54.12 54.13 54.14 54.15 54.16 54.17 54.18 54.19 54.20 54.21 54.22 54.23
54.24 54.25
54.26 54.27 54.28 54.29 54.30 54.31 54.32 55.1 55.2 55.3 55.4 55.5 55.6 55.7 55.8 55.9 55.10 55.11 55.12 55.13 55.14 55.15 55.16 55.17 55.18 55.19 55.20 55.21 55.22 55.23 55.24 55.25
55.26 55.27 55.28 55.29 55.30 55.31
56.1 56.2 56.3 56.4 56.5 56.6 56.7 56.8 56.9 56.10 56.11 56.12 56.13 56.14 56.15 56.16 56.17 56.18 56.19 56.20 56.21 56.22 56.23 56.24 56.25 56.26
56.27 56.28 56.29 56.30 57.1 57.2 57.3 57.4 57.5 57.6
57.7 57.8 57.9 57.10 57.11 57.12 57.13 57.14 57.15 57.16 57.17 57.18 57.19 57.20 57.21 57.22 57.23 57.24
57.25
57.26 57.27 57.28 57.29 57.30 57.31 57.32 58.1 58.2
58.3 58.4 58.5 58.6 58.7
58.8 58.9 58.10 58.11 58.12 58.13
58.14 58.15
58.16 58.17
58.18 58.19 58.20 58.21 58.22 58.23 58.24 58.25 58.26 58.27 58.28 59.1 59.2 59.3 59.4 59.5 59.6 59.7 59.8 59.9 59.10 59.11 59.12 59.13 59.14 59.15 59.16 59.17 59.18 59.19
59.20
59.21 59.22 59.23 59.24 59.25 59.26 59.27 59.28 59.29 59.30 59.31 60.1 60.2 60.3 60.4 60.5 60.6 60.7 60.8 60.9 60.10 60.11 60.12 60.13 60.14 60.15 60.16 60.17 60.18 60.19 60.20 60.21 60.22 60.23 60.24 60.25 60.26 60.27 60.28 60.29 60.30 60.31 60.32 60.33 60.34 61.1 61.2 61.3 61.4 61.5 61.6 61.7 61.8 61.9 61.10 61.11 61.12 61.13 61.14 61.15 61.16 61.17 61.18 61.19 61.20 61.21 61.22 61.23 61.24 61.25 61.26 61.27 61.28 61.29 61.30 61.31 61.32 61.33 61.34 62.1 62.2 62.3 62.4 62.5 62.6 62.7 62.8 62.9 62.10 62.11 62.12 62.13 62.14 62.15 62.16 62.17 62.18 62.19 62.20 62.21 62.22 62.23 62.24 62.25 62.26 62.27 62.28 62.29 62.30 62.31 62.32 62.33 62.34 63.1 63.2 63.3 63.4 63.5 63.6 63.7 63.8 63.9 63.10 63.11 63.12 63.13 63.14 63.15 63.16 63.17 63.18
63.19
63.20 63.21 63.22 63.23 63.24 63.25 63.26 63.27 63.28 63.29 63.30 63.31 63.32 64.1 64.2 64.3 64.4 64.5
64.6
64.7 64.8 64.9 64.10 64.11 64.12 64.13 64.14 64.15 64.16 64.17 64.18 64.19 64.20 64.21 64.22 64.23 64.24 64.25 64.26 64.27 64.28 64.29 64.30 64.31 64.32
65.1
65.2 65.3 65.4 65.5 65.6 65.7 65.8 65.9 65.10 65.11 65.12 65.13 65.14 65.15 65.16 65.17 65.18 65.19 65.20 65.21 65.22 65.23 65.24 65.25 65.26 65.27 65.28
65.29
66.1 66.2 66.3 66.4 66.5
66.6
66.7 66.8 66.9 66.10 66.11 66.12 66.13 66.14 66.15 66.16 66.17
66.18
66.19 66.20 66.21 66.22 66.23 66.24 66.25 66.26 66.27 66.28 66.29 66.30 66.31 66.32 67.1 67.2 67.3 67.4 67.5 67.6 67.7 67.8 67.9 67.10 67.11
67.12
67.13 67.14 67.15 67.16 67.17 67.18 67.19 67.20 67.21 67.22 67.23 67.24 67.25 67.26 67.27 67.28
67.29
67.30 67.31 67.32 67.33 68.1 68.2 68.3 68.4 68.5 68.6 68.7 68.8 68.9 68.10 68.11 68.12 68.13 68.14 68.15 68.16 68.17
68.18
68.19 68.20 68.21 68.22 68.23 68.24 68.25 68.26 68.27
68.28
68.29 68.30 68.31 68.32 68.33 69.1 69.2 69.3 69.4
69.5
69.6 69.7 69.8 69.9 69.10 69.11 69.12
69.13
69.14 69.15 69.16 69.17 69.18 69.19 69.20 69.21 69.22 69.23 69.24 69.25 69.26 69.27 69.28 69.29 69.30 69.31 69.32 69.33 70.1 70.2 70.3 70.4 70.5 70.6 70.7 70.8 70.9 70.10 70.11 70.12 70.13 70.14 70.15 70.16 70.17 70.18 70.19
70.20
70.21 70.22 70.23 70.24 70.25 70.26 70.27 70.28 70.29 70.30 70.31 70.32 70.33 70.34 71.1 71.2 71.3 71.4 71.5 71.6 71.7 71.8 71.9 71.10 71.11 71.12 71.13 71.14 71.15 71.16
71.17
71.18 71.19 71.20 71.21 71.22 71.23 71.24 71.25 71.26 71.27 71.28 71.29 71.30 71.31 71.32 71.33 71.34 72.1 72.2 72.3 72.4 72.5 72.6 72.7 72.8 72.9 72.10 72.11 72.12 72.13 72.14
72.15
72.16 72.17 72.18 72.19 72.20 72.21 72.22 72.23 72.24 72.25 72.26 72.27 72.28 72.29 72.30 72.31 72.32 73.1 73.2 73.3 73.4 73.5 73.6 73.7 73.8 73.9 73.10 73.11 73.12 73.13 73.14 73.15 73.16 73.17 73.18 73.19 73.20 73.21 73.22 73.23 73.24 73.25 73.26 73.27 73.28 73.29 73.30 73.31 73.32 73.33 73.34 74.1 74.2 74.3 74.4 74.5 74.6 74.7 74.8 74.9 74.10 74.11 74.12 74.13 74.14 74.15 74.16 74.17 74.18 74.19 74.20 74.21 74.22 74.23 74.24 74.25 74.26 74.27 74.28 74.29 74.30 74.31 74.32 75.1 75.2 75.3 75.4 75.5 75.6 75.7 75.8 75.9 75.10 75.11 75.12 75.13 75.14 75.15 75.16 75.17 75.18 75.19 75.20 75.21 75.22 75.23 75.24 75.25 75.26 75.27 75.28 75.29 75.30 75.31 75.32 75.33 76.1 76.2 76.3 76.4 76.5 76.6 76.7 76.8 76.9 76.10 76.11 76.12 76.13 76.14 76.15 76.16 76.17
76.18
76.19 76.20 76.21 76.22 76.23 76.24 76.25 76.26 76.27 76.28 76.29 76.30 76.31 76.32 76.33 77.1 77.2 77.3 77.4 77.5 77.6 77.7 77.8 77.9 77.10 77.11 77.12 77.13 77.14 77.15
77.16
77.17 77.18 77.19 77.20 77.21 77.22 77.23 77.24 77.25 77.26 77.27 77.28 77.29 77.30 77.31 77.32 77.33 78.1 78.2 78.3 78.4 78.5 78.6 78.7 78.8 78.9 78.10 78.11 78.12 78.13
78.14
78.15 78.16 78.17 78.18 78.19 78.20 78.21 78.22 78.23 78.24 78.25 78.26 78.27 78.28 78.29 78.30 78.31 78.32 78.33 79.1 79.2 79.3 79.4 79.5 79.6 79.7 79.8 79.9 79.10 79.11 79.12 79.13 79.14
79.15
79.16 79.17 79.18 79.19 79.20 79.21 79.22 79.23 79.24 79.25 79.26 79.27 79.28 79.29 79.30 79.31 79.32 79.33 79.34 80.1 80.2 80.3 80.4 80.5 80.6 80.7 80.8 80.9 80.10 80.11 80.12 80.13 80.14 80.15 80.16 80.17 80.18 80.19 80.20
80.21
80.22 80.23 80.24 80.25 80.26 80.27 80.28 80.29 80.30 80.31 80.32 80.33 81.1 81.2 81.3
81.4
81.5 81.6 81.7 81.8 81.9 81.10 81.11 81.12 81.13 81.14 81.15 81.16 81.17 81.18 81.19 81.20 81.21 81.22 81.23 81.24 81.25 81.26 81.27 81.28 81.29 81.30 81.31 81.32 81.33 81.34 82.1 82.2 82.3 82.4 82.5
82.6
82.7 82.8 82.9 82.10 82.11 82.12 82.13 82.14 82.15 82.16 82.17 82.18 82.19 82.20 82.21
82.22
82.23 82.24 82.25 82.26 82.27 82.28 82.29 82.30 82.31 82.32 83.1 83.2 83.3 83.4 83.5 83.6 83.7 83.8 83.9 83.10 83.11 83.12 83.13 83.14 83.15 83.16 83.17 83.18 83.19 83.20 83.21 83.22 83.23 83.24 83.25 83.26 83.27 83.28 83.29 83.30 83.31 84.1 84.2 84.3 84.4 84.5 84.6 84.7 84.8 84.9 84.10 84.11 84.12 84.13 84.14 84.15 84.16 84.17 84.18 84.19 84.20 84.21 84.22 84.23 84.24 84.25 84.26 84.27 84.28 84.29 84.30 84.31 84.32 84.33 84.34 84.35 85.1 85.2
85.3
85.4 85.5 85.6 85.7 85.8 85.9 85.10 85.11 85.12 85.13 85.14 85.15 85.16 85.17 85.18 85.19 85.20 85.21 85.22 85.23 85.24 85.25 85.26 85.27 85.28 85.29 86.1 86.2 86.3 86.4 86.5 86.6 86.7 86.8 86.9 86.10 86.11 86.12 86.13 86.14 86.15 86.16 86.17 86.18 86.19 86.20 86.21 86.22 86.23 86.24 86.25 86.26 86.27 86.28 86.29 86.30 86.31 86.32 86.33 86.34 86.35 87.1 87.2 87.3 87.4 87.5 87.6 87.7 87.8 87.9 87.10 87.11 87.12 87.13 87.14 87.15 87.16 87.17 87.18 87.19 87.20 87.21 87.22 87.23 87.24 87.25 87.26 87.27 87.28 87.29 87.30 87.31 87.32 87.33 87.34 87.35 88.1 88.2 88.3 88.4 88.5 88.6 88.7 88.8 88.9 88.10 88.11 88.12 88.13 88.14 88.15 88.16 88.17 88.18 88.19 88.20 88.21 88.22 88.23 88.24 88.25
88.26
88.27 88.28 88.29 88.30 88.31 88.32 88.33 88.34 89.1 89.2 89.3 89.4 89.5 89.6 89.7 89.8 89.9 89.10 89.11 89.12 89.13 89.14 89.15 89.16 89.17 89.18 89.19 89.20 89.21 89.22 89.23 89.24 89.25 89.26 89.27 89.28 89.29 89.30 89.31 89.32 89.33 89.34 90.1 90.2 90.3 90.4 90.5 90.6 90.7 90.8 90.9 90.10 90.11 90.12 90.13 90.14 90.15 90.16 90.17 90.18 90.19 90.20 90.21 90.22 90.23 90.24 90.25 90.26 90.27 90.28 90.29 90.30 90.31 90.32 90.33 91.1 91.2 91.3 91.4 91.5 91.6 91.7 91.8 91.9 91.10 91.11 91.12 91.13 91.14 91.15 91.16 91.17 91.18 91.19 91.20 91.21 91.22 91.23 91.24 91.25 91.26 91.27 91.28 91.29
91.30
91.31 91.32 91.33 92.1 92.2 92.3 92.4 92.5 92.6 92.7 92.8 92.9 92.10 92.11 92.12 92.13
92.14
92.15 92.16 92.17 92.18 92.19 92.20 92.21 92.22 92.23 92.24 92.25 92.26 92.27 92.28 92.29 92.30 92.31 92.32 92.33 92.34
93.1
93.2 93.3 93.4 93.5 93.6 93.7 93.8
93.9
93.10 93.11 93.12 93.13 93.14 93.15 93.16 93.17 93.18 93.19 93.20 93.21 93.22 93.23 93.24 93.25 93.26
93.27 93.28 93.29 93.30 94.1 94.2 94.3 94.4 94.5 94.6 94.7 94.8 94.9 94.10 94.11 94.12
94.13
94.14 94.15 94.16 94.17 94.18 94.19 94.20 94.21
94.22
94.23 94.24 94.25 94.26 94.27 94.28 94.29 94.30 94.31 95.1 95.2 95.3 95.4 95.5 95.6 95.7 95.8 95.9
95.10
95.11 95.12 95.13 95.14
95.15
95.16 95.17 95.18 95.19 95.20
95.21
95.22 95.23 95.24 95.25 95.26 95.27 95.28 95.29 95.30 96.1 96.2 96.3 96.4 96.5 96.6 96.7 96.8 96.9 96.10 96.11 96.12 96.13 96.14 96.15 96.16 96.17 96.18 96.19
96.20
96.21 96.22 96.23 96.24 96.25 96.26 96.27 96.28 96.29 96.30 97.1 97.2 97.3 97.4 97.5 97.6 97.7 97.8 97.9 97.10 97.11 97.12
97.13 97.14 97.15 97.16 97.17 97.18 97.19 97.20 97.21 97.22 97.23 97.24 97.25 97.26 97.27 97.28 97.29 97.30 97.31 97.32 98.1 98.2 98.3 98.4 98.5 98.6 98.7
98.8
98.9 98.10 98.11 98.12 98.13 98.14 98.15 98.16
98.17
98.18 98.19 98.20 98.21 98.22 98.23 98.24 98.25 98.26 98.27 98.28 98.29 98.30 99.1 99.2 99.3 99.4 99.5 99.6 99.7 99.8 99.9 99.10 99.11 99.12 99.13 99.14 99.15 99.16 99.17 99.18 99.19 99.20 99.21 99.22 99.23 99.24 99.25 99.26 99.27 99.28 99.29 99.30 99.31 99.32 100.1 100.2 100.3 100.4 100.5 100.6 100.7 100.8 100.9 100.10 100.11 100.12 100.13 100.14 100.15 100.16 100.17 100.18 100.19 100.20 100.21 100.22 100.23
100.24 100.25 100.26 100.27 100.28 100.29 100.30 100.31 100.32
100.33
101.1 101.2 101.3 101.4 101.5 101.6 101.7 101.8 101.9 101.10 101.11 101.12 101.13 101.14 101.15 101.16 101.17 101.18 101.19 101.20 101.21 101.22
101.23
101.24 101.25 101.26 101.27 101.28 101.29 101.30 101.31 101.32 101.33 102.1 102.2 102.3 102.4 102.5 102.6 102.7 102.8 102.9 102.10 102.11 102.12 102.13 102.14 102.15 102.16 102.17 102.18 102.19 102.20 102.21 102.22 102.23 102.24 102.25 102.26 102.27 102.28 102.29 102.30 102.31 102.32 103.1 103.2 103.3 103.4 103.5 103.6 103.7 103.8 103.9 103.10 103.11 103.12 103.13 103.14
103.15
103.16 103.17 103.18 103.19 103.20 103.21 103.22 103.23 103.24 103.25 103.26 103.27 103.28 103.29 103.30 103.31 103.32 103.33 104.1 104.2 104.3 104.4 104.5 104.6 104.7 104.8 104.9 104.10 104.11 104.12 104.13 104.14 104.15 104.16 104.17
104.18
104.19 104.20 104.21 104.22 104.23 104.24 104.25 104.26 104.27 104.28 104.29 104.30 104.31
105.1 105.2 105.3 105.4 105.5 105.6 105.7 105.8 105.9 105.10 105.11 105.12 105.13 105.14 105.15 105.16 105.17 105.18 105.19 105.20 105.21
105.22 105.23 105.24 105.25 105.26 105.27 105.28 105.29 105.30 105.31 105.32 106.1 106.2 106.3 106.4 106.5 106.6 106.7 106.8 106.9 106.10 106.11 106.12 106.13 106.14 106.15 106.16 106.17
106.18 106.19 106.20 106.21 106.22 106.23 106.24 106.25 106.26 106.27 106.28 106.29 106.30 106.31 106.32 106.33 107.1 107.2
107.3 107.4 107.5 107.6 107.7 107.8 107.9 107.10 107.11 107.12 107.13 107.14 107.15 107.16 107.17 107.18 107.19 107.20 107.21 107.22 107.23 107.24
107.25 107.26 107.27 107.28 107.29 107.30 107.31 107.32 108.1 108.2 108.3 108.4 108.5 108.6 108.7 108.8 108.9 108.10 108.11 108.12 108.13 108.14 108.15 108.16 108.17 108.18 108.19 108.20 108.21 108.22 108.23 108.24 108.25 108.26 108.27 108.28 108.29 108.30 108.31 108.32 108.33 109.1 109.2 109.3 109.4 109.5 109.6 109.7 109.8 109.9 109.10 109.11 109.12 109.13 109.14 109.15 109.16 109.17 109.18 109.19 109.20 109.21 109.22 109.23 109.24 109.25 109.26 109.27 109.28 109.29 109.30 109.31 109.32 109.33 110.1 110.2 110.3 110.4 110.5 110.6 110.7 110.8 110.9 110.10 110.11 110.12 110.13 110.14 110.15 110.16 110.17 110.18 110.19 110.20 110.21 110.22 110.23 110.24 110.25 110.26 110.27 110.28 110.29 110.30 110.31 110.32 110.33 110.34 111.1 111.2 111.3 111.4 111.5 111.6 111.7 111.8 111.9 111.10 111.11 111.12 111.13 111.14 111.15 111.16 111.17 111.18 111.19 111.20 111.21 111.22 111.23 111.24 111.25 111.26 111.27 111.28 111.29 111.30 111.31 111.32 111.33 112.1 112.2 112.3 112.4 112.5 112.6 112.7 112.8 112.9 112.10 112.11 112.12 112.13 112.14 112.15 112.16 112.17 112.18 112.19 112.20 112.21 112.22 112.23 112.24 112.25 112.26 112.27 112.28 112.29 112.30 112.31 112.32 113.1 113.2 113.3 113.4 113.5 113.6 113.7 113.8 113.9 113.10 113.11 113.12 113.13 113.14 113.15 113.16 113.17 113.18 113.19 113.20 113.21 113.22 113.23 113.24 113.25 113.26 113.27 113.28 113.29 113.30 113.31 113.32 113.33 113.34 114.1 114.2 114.3 114.4 114.5 114.6 114.7 114.8 114.9 114.10 114.11 114.12 114.13 114.14 114.15 114.16 114.17
114.18
114.19 114.20 114.21 114.22 114.23 114.24 114.25 114.26
114.27
114.28 114.29 114.30 114.31 114.32 115.1 115.2 115.3 115.4 115.5 115.6 115.7 115.8 115.9
115.10
115.11 115.12 115.13 115.14 115.15 115.16 115.17 115.18 115.19 115.20 115.21 115.22 115.23 115.24 115.25 115.26 115.27 115.28 115.29 115.30
115.31
116.1 116.2 116.3 116.4 116.5 116.6 116.7 116.8 116.9 116.10 116.11 116.12 116.13 116.14 116.15 116.16 116.17 116.18 116.19 116.20
116.21
116.22 116.23 116.24 116.25 116.26 116.27 116.28 116.29 116.30 116.31 116.32 116.33 117.1 117.2 117.3 117.4 117.5 117.6 117.7
117.8
117.9 117.10 117.11 117.12 117.13 117.14 117.15 117.16 117.17 117.18 117.19 117.20 117.21
117.22
117.23 117.24 117.25 117.26 117.27 117.28 117.29 117.30 117.31 117.32 118.1 118.2 118.3 118.4 118.5 118.6
118.7
118.8 118.9 118.10 118.11 118.12 118.13 118.14 118.15
118.16
118.17 118.18 118.19 118.20 118.21 118.22 118.23 118.24 118.25 118.26
118.27
118.28 118.29 118.30 118.31 118.32 119.1 119.2 119.3 119.4 119.5 119.6 119.7 119.8 119.9 119.10 119.11 119.12 119.13 119.14 119.15 119.16 119.17 119.18 119.19 119.20 119.21 119.22 119.23 119.24 119.25 119.26 119.27 119.28 119.29 119.30 119.31 119.32 120.1 120.2 120.3 120.4 120.5 120.6 120.7 120.8 120.9 120.10 120.11 120.12
120.13
120.14 120.15 120.16 120.17 120.18 120.19 120.20 120.21 120.22 120.23
120.24
120.25 120.26 120.27 120.28 120.29 120.30 120.31 121.1 121.2 121.3 121.4 121.5 121.6 121.7 121.8 121.9 121.10 121.11 121.12 121.13
121.14
121.15 121.16 121.17 121.18 121.19 121.20 121.21 121.22 121.23 121.24 121.25 121.26 121.27 121.28 121.29 121.30 121.31
121.32
122.1 122.2 122.3 122.4 122.5 122.6 122.7 122.8 122.9 122.10 122.11
122.12
122.13 122.14 122.15 122.16 122.17 122.18 122.19 122.20 122.21 122.22
122.23
122.24 122.25 122.26 122.27 122.28 122.29 122.30 122.31 122.32 123.1 123.2 123.3 123.4 123.5
123.6
123.7 123.8 123.9 123.10 123.11 123.12 123.13 123.14 123.15 123.16 123.17
123.18
123.19 123.20 123.21 123.22
123.23
123.24 123.25 123.26 123.27 123.28 123.29 123.30 123.31 124.1 124.2 124.3 124.4 124.5 124.6 124.7 124.8 124.9 124.10 124.11
124.12
124.13 124.14 124.15 124.16 124.17 124.18 124.19 124.20 124.21 124.22 124.23 124.24 124.25 124.26 124.27 124.28 124.29 124.30 125.1 125.2 125.3 125.4 125.5 125.6 125.7 125.8 125.9 125.10 125.11 125.12 125.13 125.14 125.15 125.16 125.17 125.18 125.19 125.20 125.21 125.22 125.23 125.24 125.25 125.26 125.27 125.28 125.29 125.30 125.31 126.1 126.2 126.3 126.4 126.5 126.6 126.7 126.8 126.9 126.10 126.11 126.12 126.13 126.14 126.15 126.16 126.17 126.18 126.19 126.20 126.21 126.22 126.23 126.24 126.25 126.26 126.27 126.28 126.29 126.30 126.31 126.32 127.1 127.2 127.3 127.4 127.5 127.6 127.7 127.8 127.9 127.10 127.11 127.12 127.13 127.14 127.15 127.16 127.17 127.18
127.19
127.20 127.21 127.22 127.23 127.24 127.25 127.26 127.27 127.28 127.29 127.30 127.31 128.1 128.2 128.3 128.4 128.5 128.6 128.7 128.8 128.9 128.10 128.11 128.12 128.13 128.14 128.15 128.16 128.17 128.18 128.19 128.20 128.21 128.22 128.23 128.24 128.25 128.26 128.27 129.1 129.2 129.3 129.4 129.5 129.6 129.7 129.8 129.9 129.10 129.11 129.12 129.13 129.14
129.15
129.16 129.17 129.18 129.19 129.20 129.21 129.22 129.23 129.24 129.25 129.26 129.27 129.28 130.1 130.2 130.3 130.4 130.5 130.6 130.7 130.8 130.9 130.10 130.11 130.12 130.13 130.14 130.15 130.16 130.17 130.18
130.19
130.20 130.21 130.22 130.23 130.24 130.25 130.26 130.27 130.28 130.29 130.30 131.1 131.2 131.3 131.4 131.5 131.6 131.7 131.8 131.9 131.10 131.11 131.12 131.13 131.14 131.15 131.16 131.17 131.18 131.19 131.20 131.21
131.22
131.23 131.24 131.25 131.26 131.27 131.28 131.29 131.30 131.31 131.32 131.33 132.1 132.2 132.3 132.4 132.5 132.6 132.7 132.8 132.9 132.10 132.11 132.12 132.13 132.14 132.15 132.16 132.17 132.18 132.19 132.20 132.21 132.22 132.23 132.24 132.25 132.26 132.27 132.28 132.29 132.30 132.31 132.32 132.33 132.34 133.1 133.2 133.3 133.4 133.5 133.6 133.7 133.8 133.9 133.10 133.11 133.12 133.13 133.14 133.15 133.16 133.17 133.18 133.19 133.20 133.21 133.22 133.23 133.24 133.25 133.26 133.27 133.28 133.29 133.30
133.31 133.32 133.33 133.34 134.1 134.2 134.3
134.4
134.5 134.6 134.7 134.8 134.9 134.10 134.11 134.12 134.13 134.14 134.15 134.16 134.17 134.18 134.19 134.20 134.21 134.22 134.23 134.24 134.25 134.26
134.27
134.28 134.29 134.30 135.1 135.2 135.3 135.4 135.5 135.6
135.7
135.8 135.9 135.10 135.11 135.12 135.13 135.14 135.15 135.16 135.17 135.18 135.19 135.20 135.21 135.22 135.23 135.24 135.25 135.26 135.27 135.28
135.29
136.1 136.2 136.3 136.4 136.5 136.6 136.7 136.8
136.9
136.10 136.11 136.12 136.13 136.14 136.15 136.16 136.17 136.18 136.19 136.20 136.21 136.22 136.23 136.24 136.25 136.26 136.27 136.28 136.29 136.30 136.31 137.1 137.2
137.3
137.4 137.5 137.6 137.7 137.8 137.9 137.10 137.11 137.12
137.13
137.14 137.15 137.16 137.17 137.18 137.19 137.20 137.21 137.22 137.23 137.24 137.25 137.26 137.27 137.28 137.29 137.30 138.1 138.2 138.3 138.4 138.5 138.6 138.7 138.8 138.9 138.10 138.11 138.12 138.13 138.14 138.15 138.16 138.17 138.18 138.19 138.20 138.21 138.22 138.23 138.24 138.25 138.26 138.27 138.28 138.29 138.30 138.31 139.1 139.2 139.3 139.4
139.5
139.6 139.7 139.8 139.9 139.10 139.11 139.12 139.13 139.14 139.15 139.16 139.17 139.18 139.19 139.20 139.21 139.22
139.23
139.24 139.25 139.26 139.27 139.28 139.29 139.30
139.31
140.1 140.2 140.3 140.4 140.5 140.6 140.7
140.8
140.9 140.10 140.11 140.12
140.13
140.14 140.15
140.16 140.17 140.18 140.19 140.20 140.21 140.22 140.23 140.24 140.25 140.26 140.27 140.28 140.29 140.30 141.1 141.2 141.3 141.4 141.5 141.6 141.7 141.8 141.9 141.10 141.11 141.12 141.13 141.14
141.15 141.16 141.17 141.18 141.19 141.20 141.21 141.22 141.23 141.24 141.25 141.26 141.27 141.28 141.29 141.30
142.1 142.2 142.3 142.4 142.5 142.6 142.7 142.8 142.9 142.10 142.11 142.12 142.13 142.14 142.15 142.16 142.17 142.18 142.19 142.20 142.21 142.22 142.23 142.24 142.25 142.26 142.27 142.28 142.29 142.30 142.31
143.1 143.2 143.3 143.4 143.5 143.6 143.7 143.8 143.9 143.10 143.11 143.12 143.13 143.14 143.15 143.16 143.17 143.18 143.19 143.20 143.21 143.22
143.23 143.24 143.25 143.26 143.27 143.28 143.29 143.30 143.31 143.32 143.33 143.34 144.1 144.2 144.3 144.4 144.5 144.6 144.7 144.8 144.9 144.10 144.11 144.12 144.13 144.14 144.15 144.16 144.17 144.18 144.19 144.20
144.21 144.22 144.23 144.24 144.25 144.26 144.27 144.28 144.29 144.30 144.31 144.32 144.33 145.1 145.2 145.3 145.4 145.5 145.6 145.7 145.8 145.9 145.10 145.11 145.12 145.13 145.14 145.15 145.16 145.17 145.18 145.19 145.20 145.21 145.22 145.23 145.24 145.25 145.26 145.27 145.28 145.29 145.30 145.31 146.1 146.2 146.3 146.4 146.5 146.6 146.7 146.8 146.9 146.10 146.11 146.12 146.13 146.14 146.15 146.16 146.17 146.18 146.19 146.20 146.21 146.22 146.23 146.24 146.25 146.26 146.27 146.28 146.29 146.30 146.31 147.1 147.2 147.3 147.4 147.5 147.6 147.7 147.8 147.9 147.10 147.11 147.12 147.13 147.14 147.15 147.16 147.17 147.18 147.19 147.20 147.21 147.22 147.23 147.24 147.25 147.26
147.27 147.28 147.29 147.30 147.31 148.1 148.2 148.3 148.4 148.5 148.6 148.7 148.8 148.9 148.10 148.11 148.12 148.13 148.14 148.15 148.16 148.17 148.18 148.19 148.20 148.21 148.22 148.23 148.24
148.25 148.26 148.27 148.28 149.1 149.2 149.3 149.4 149.5 149.6 149.7 149.8 149.9 149.10 149.11 149.12 149.13 149.14 149.15 149.16 149.17 149.18 149.19 149.20 149.21 149.22 149.23 149.24 149.25 149.26 149.27 149.28 149.29 149.30 149.31 150.1 150.2 150.3 150.4 150.5 150.6 150.7 150.8 150.9 150.10 150.11 150.12 150.13 150.14 150.15 150.16 150.17 150.18 150.19 150.20 150.21 150.22 150.23 150.24 150.25 150.26 150.27 150.28 150.29 150.30 150.31 150.32 151.1 151.2 151.3 151.4 151.5 151.6 151.7 151.8 151.9 151.10 151.11
151.12 151.13 151.14 151.15 151.16 151.17 151.18 151.19 151.20 151.21 151.22 151.23 151.24
151.25 151.26 151.27 151.28 151.29 151.30 151.31 152.1 152.2 152.3 152.4 152.5 152.6 152.7 152.8 152.9 152.10 152.11 152.12 152.13 152.14 152.15 152.16 152.17 152.18 152.19 152.20 152.21 152.22 152.23 152.24 152.25 152.26 152.27 152.28 152.29 152.30 152.31 152.32 153.1 153.2 153.3 153.4 153.5 153.6 153.7 153.8 153.9 153.10 153.11 153.12 153.13 153.14 153.15 153.16 153.17 153.18 153.19 153.20 153.21 153.22 153.23 153.24 153.25 153.26 153.27 153.28 153.29 153.30 154.1 154.2 154.3 154.4 154.5 154.6 154.7 154.8 154.9 154.10 154.11 154.12 154.13 154.14 154.15 154.16 154.17 154.18 154.19 154.20 154.21 154.22 154.23 154.24 154.25 154.26 154.27 154.28 154.29 154.30 154.31
154.32
155.1 155.2 155.3 155.4 155.5 155.6 155.7 155.8
155.9 155.10 155.11 155.12 155.13 155.14 155.15 155.16 155.17 155.18 155.19 155.20 155.21 155.22 155.23 155.24 155.25 155.26 155.27 155.28
155.29 155.30 155.31 155.32 156.1 156.2 156.3 156.4 156.5 156.6 156.7 156.8 156.9 156.10 156.11 156.12 156.13 156.14 156.15 156.16 156.17 156.18 156.19 156.20 156.21 156.22 156.23 156.24 156.25 156.26 156.27 156.28 156.29 156.30 156.31 156.32 157.1 157.2 157.3 157.4 157.5 157.6 157.7 157.8 157.9 157.10 157.11 157.12 157.13 157.14 157.15 157.16 157.17 157.18 157.19 157.20 157.21 157.22 157.23 157.24 157.25 157.26 157.27 157.28 157.29 157.30 157.31 157.32 158.1 158.2 158.3 158.4 158.5 158.6 158.7 158.8 158.9 158.10 158.11 158.12 158.13
158.14 158.15 158.16 158.17 158.18 158.19 158.20 158.21 158.22 158.23 158.24 158.25 158.26
158.27 158.28 158.29 158.30 158.31 159.1 159.2 159.3 159.4 159.5 159.6 159.7 159.8 159.9 159.10 159.11 159.12 159.13 159.14 159.15 159.16 159.17
159.18 159.19 159.20 159.21 159.22 159.23 159.24 159.25 159.26 159.27 159.28 159.29 159.30 159.31 160.1 160.2 160.3 160.4 160.5 160.6 160.7 160.8 160.9 160.10 160.11 160.12 160.13 160.14 160.15 160.16 160.17 160.18 160.19 160.20 160.21 160.22 160.23 160.24 160.25 160.26 160.27 160.28 160.29 160.30 160.31 160.32 161.1 161.2 161.3 161.4 161.5 161.6 161.7 161.8 161.9 161.10 161.11
161.12 161.13 161.14 161.15 161.16
161.17 161.18 161.19 161.20 161.21 161.22 161.23 161.24
161.25
161.26 161.27 161.28 161.29 161.30 162.1 162.2 162.3
162.4
162.5 162.6 162.7 162.8 162.9 162.10 162.11 162.12 162.13 162.14 162.15 162.16 162.17 162.18 162.19 162.20 162.21
162.22 162.23 162.24 162.25 162.26 162.27 162.28 162.29 162.30 163.1 163.2 163.3 163.4 163.5 163.6 163.7 163.8 163.9 163.10 163.11 163.12 163.13 163.14 163.15 163.16 163.17 163.18 163.19
163.20 163.21 163.22 163.23 163.24 163.25 163.26 163.27 163.28 163.29 163.30 163.31 163.32 164.1 164.2 164.3 164.4 164.5 164.6 164.7 164.8 164.9 164.10 164.11 164.12 164.13 164.14 164.15 164.16 164.17 164.18 164.19 164.20 164.21
164.22 164.23 164.24 164.25 164.26 164.27 164.28 164.29 164.30 164.31 165.1 165.2 165.3 165.4 165.5 165.6 165.7 165.8 165.9 165.10 165.11 165.12 165.13 165.14 165.15 165.16 165.17 165.18 165.19 165.20 165.21 165.22 165.23 165.24 165.25 165.26 165.27 165.28 165.29 165.30 166.1 166.2 166.3 166.4 166.5 166.6 166.7 166.8 166.9
166.10 166.11 166.12 166.13 166.14 166.15 166.16 166.17 166.18 166.19 166.20 166.21 166.22 166.23 166.24 166.25
166.26 166.27 166.28 166.29 166.30 166.31 167.1 167.2 167.3 167.4 167.5 167.6 167.7 167.8 167.9 167.10 167.11
167.12 167.13 167.14 167.15 167.16 167.17 167.18 167.19 167.20 167.21 167.22 167.23 167.24 167.25 167.26 167.27 167.28 167.29 167.30 167.31 167.32
168.1 168.2 168.3 168.4 168.5 168.6 168.7 168.8 168.9 168.10 168.11 168.12 168.13 168.14 168.15 168.16 168.17 168.18 168.19 168.20 168.21 168.22 168.23 168.24 168.25 168.26 168.27 168.28
168.29 168.30 168.31 169.1 169.2 169.3 169.4 169.5 169.6 169.7 169.8 169.9 169.10 169.11 169.12 169.13 169.14 169.15 169.16 169.17 169.18 169.19 169.20 169.21 169.22 169.23 169.24 169.25 169.26 169.27 169.28 169.29 169.30 169.31 169.32 169.33 169.34 170.1 170.2 170.3 170.4 170.5 170.6 170.7 170.8 170.9 170.10 170.11 170.12 170.13 170.14 170.15 170.16 170.17 170.18 170.19
170.20 170.21 170.22 170.23 170.24 170.25
170.26 170.27 170.28 170.29 170.30 170.31 170.32
171.1 171.2 171.3 171.4 171.5 171.6 171.7 171.8 171.9 171.10 171.11 171.12 171.13 171.14 171.15 171.16 171.17 171.18 171.19 171.20 171.21 171.22 171.23 171.24 171.25 171.26 171.27 171.28 171.29 171.30 171.31 171.32 171.33 171.34 172.1 172.2 172.3 172.4 172.5 172.6 172.7 172.8 172.9 172.10 172.11 172.12 172.13 172.14 172.15 172.16 172.17 172.18 172.19 172.20 172.21 172.22 172.23 172.24 172.25 172.26 172.27 172.28 172.29 172.30 172.31 172.32 172.33 173.1 173.2 173.3 173.4 173.5 173.6 173.7 173.8 173.9 173.10 173.11 173.12 173.13 173.14 173.15 173.16 173.17 173.18 173.19 173.20 173.21 173.22 173.23 173.24 173.25 173.26 173.27 173.28 173.29 173.30 173.31 173.32 173.33 174.1 174.2 174.3 174.4 174.5 174.6 174.7 174.8 174.9 174.10 174.11 174.12 174.13 174.14 174.15 174.16
174.17 174.18 174.19 174.20 174.21 174.22 174.23 174.24 174.25 174.26 174.27 174.28 174.29 174.30 175.1 175.2 175.3 175.4 175.5 175.6 175.7 175.8 175.9 175.10 175.11 175.12 175.13 175.14 175.15 175.16 175.17 175.18 175.19 175.20 175.21 175.22 175.23 175.24 175.25 175.26 175.27 175.28 175.29 175.30 175.31 176.1 176.2 176.3 176.4 176.5 176.6 176.7 176.8 176.9 176.10 176.11 176.12 176.13 176.14 176.15 176.16 176.17 176.18 176.19 176.20 176.21 176.22 176.23 176.24 176.25 176.26 176.27 176.28 176.29 176.30 177.1 177.2 177.3 177.4 177.5 177.6 177.7 177.8 177.9 177.10 177.11 177.12 177.13 177.14 177.15 177.16 177.17 177.18 177.19 177.20 177.21 177.22 177.23 177.24 177.25 177.26 177.27 177.28 177.29 177.30 177.31 177.32 178.1 178.2 178.3 178.4 178.5 178.6 178.7 178.8 178.9 178.10 178.11 178.12 178.13 178.14 178.15 178.16 178.17 178.18
178.19 178.20 178.21 178.22 178.23 178.24 178.25 178.26 178.27 178.28 178.29 178.30
178.31
179.1 179.2 179.3 179.4 179.5 179.6 179.7 179.8 179.9 179.10 179.11
179.12 179.13 179.14 179.15 179.16 179.17
179.18 179.19 179.20 179.21 179.22 179.23 179.24 179.25 179.26 179.27 179.28 179.29 179.30 179.31 180.1 180.2
180.3 180.4 180.5 180.6 180.7 180.8 180.9 180.10 180.11 180.12 180.13 180.14 180.15 180.16 180.17 180.18 180.19 180.20 180.21 180.22 180.23 180.24 180.25 180.26 180.27 180.28 180.29
181.1 181.2 181.3 181.4 181.5 181.6 181.7 181.8 181.9 181.10 181.11 181.12 181.13 181.14 181.15 181.16 181.17 181.18 181.19 181.20 181.21 181.22 181.23 181.24 181.25 181.26 181.27 181.28 181.29 181.30 181.31 182.1 182.2 182.3 182.4 182.5 182.6 182.7 182.8 182.9 182.10 182.11 182.12 182.13 182.14 182.15 182.16 182.17 182.18 182.19 182.20 182.21 182.22 182.23 182.24 182.25 182.26 182.27 182.28 182.29 182.30 182.31 182.32 182.33 183.1 183.2 183.3 183.4 183.5 183.6 183.7 183.8 183.9 183.10 183.11 183.12 183.13 183.14 183.15 183.16 183.17 183.18 183.19 183.20 183.21 183.22 183.23 183.24 183.25 183.26 183.27 183.28 183.29 183.30 183.31 183.32 184.1 184.2 184.3 184.4 184.5 184.6 184.7 184.8 184.9 184.10 184.11 184.12 184.13 184.14 184.15 184.16 184.17 184.18 184.19 184.20 184.21 184.22
184.23 184.24
184.25 184.26 184.27 184.28 184.29 184.30 184.31 185.1 185.2 185.3 185.4 185.5 185.6 185.7 185.8 185.9 185.10 185.11 185.12 185.13 185.14 185.15 185.16 185.17 185.18 185.19 185.20 185.21 185.22 185.23 185.24
185.25 185.26 185.27 185.28 185.29 185.30 185.31 186.1 186.2 186.3 186.4 186.5 186.6 186.7 186.8 186.9 186.10 186.11 186.12 186.13 186.14 186.15 186.16 186.17
186.18 186.19 186.20
186.21 186.22 186.23 186.24 186.25 186.26 186.27
186.28 186.29 186.30
187.1 187.2
187.3 187.4 187.5 187.6 187.7 187.8 187.9 187.10 187.11 187.12 187.13 187.14 187.15 187.16 187.17 187.18 187.19 187.20 187.21 187.22 187.23 187.24 187.25 187.26 187.27 187.28 187.29 187.30 187.31 187.32 187.33 188.1 188.2 188.3 188.4 188.5 188.6 188.7 188.8 188.9 188.10
188.11 188.12 188.13 188.14 188.15 188.16 188.17 188.18 188.19 188.20
188.21 188.22 188.23 188.24 188.25 188.26 188.27 188.28 188.29 188.30 188.31 189.1 189.2 189.3 189.4 189.5 189.6
189.7 189.8 189.9 189.10 189.11 189.12 189.13 189.14 189.15 189.16 189.17 189.18 189.19 189.20 189.21 189.22 189.23 189.24 189.25 189.26 189.27 189.28 189.29 189.30
189.31 189.32 189.33 190.1 190.2 190.3 190.4 190.5 190.6 190.7 190.8 190.9 190.10 190.11 190.12 190.13 190.14 190.15 190.16 190.17 190.18 190.19 190.20 190.21 190.22 190.23 190.24 190.25 190.26 190.27 190.28 190.29 190.30 190.31 190.32 190.33 190.34 191.1 191.2 191.3 191.4 191.5 191.6 191.7 191.8 191.9 191.10 191.11 191.12 191.13 191.14 191.15 191.16 191.17 191.18 191.19 191.20 191.21 191.22 191.23 191.24 191.25 191.26 191.27 191.28 191.29 191.30 191.31 191.32 191.33 192.1 192.2 192.3 192.4 192.5 192.6 192.7 192.8 192.9 192.10 192.11 192.12 192.13 192.14 192.15 192.16 192.17 192.18 192.19 192.20 192.21 192.22 192.23 192.24 192.25 192.26 192.27 192.28 192.29 192.30 192.31 192.32 193.1 193.2 193.3 193.4 193.5 193.6 193.7 193.8 193.9 193.10 193.11
193.12 193.13 193.14 193.15 193.16 193.17 193.18 193.19 193.20 193.21 193.22 193.23 193.24 193.25 193.26 193.27 193.28 193.29 194.1 194.2 194.3 194.4 194.5 194.6 194.7 194.8 194.9 194.10 194.11 194.12 194.13 194.14 194.15 194.16 194.17 194.18 194.19 194.20 194.21 194.22 194.23 194.24 194.25 194.26 194.27 194.28 194.29 194.30 194.31 194.32 194.33 195.1 195.2 195.3 195.4 195.5 195.6 195.7 195.8 195.9 195.10 195.11 195.12 195.13 195.14 195.15 195.16 195.17 195.18 195.19 195.20 195.21 195.22 195.23 195.24 195.25 195.26 195.27 195.28 195.29 195.30 195.31 195.32 195.33 195.34
196.1 196.2 196.3 196.4 196.5 196.6 196.7 196.8 196.9 196.10 196.11 196.12 196.13 196.14 196.15 196.16 196.17 196.18 196.19 196.20 196.21 196.22 196.23 196.24 196.25 196.26 196.27 196.28 196.29 196.30 196.31 197.1 197.2 197.3 197.4 197.5 197.6 197.7 197.8 197.9 197.10 197.11 197.12 197.13 197.14 197.15 197.16 197.17 197.18 197.19 197.20 197.21
197.22 197.23 197.24 197.25 197.26 197.27 197.28 197.29 197.30 197.31 197.32 198.1 198.2 198.3 198.4 198.5 198.6 198.7 198.8 198.9 198.10 198.11 198.12 198.13 198.14 198.15
198.16 198.17 198.18 198.19 198.20
198.21 198.22 198.23 198.24 198.25 198.26 198.27 198.28 198.29 198.30 198.31 199.1 199.2 199.3 199.4 199.5 199.6 199.7 199.8 199.9 199.10 199.11 199.12 199.13 199.14 199.15 199.16 199.17 199.18 199.19
199.20 199.21 199.22 199.23 199.24 199.25 199.26 199.27 199.28 199.29 199.30 199.31 199.32 200.1 200.2 200.3 200.4 200.5 200.6 200.7 200.8 200.9 200.10 200.11 200.12 200.13 200.14 200.15 200.16 200.17 200.18 200.19 200.20 200.21 200.22 200.23 200.24 200.25 200.26 200.27 200.28 200.29 200.30 200.31 200.32
201.1 201.2 201.3 201.4 201.5 201.6 201.7
201.8
201.9 201.10 201.11 201.12 201.13 201.14 201.15 201.16 201.17 201.18 201.19 201.20 201.21 201.22 201.23
201.24 201.25 201.26 201.27 201.28 201.29 201.30 201.31 201.32 201.33 202.1 202.2 202.3 202.4 202.5 202.6 202.7 202.8 202.9 202.10 202.11
202.12 202.13 202.14 202.15 202.16 202.17 202.18 202.19 202.20 202.21
202.22 202.23 202.24 202.25 202.26 202.27 202.28 202.29 202.30 202.31 202.32 202.33 203.1 203.2 203.3 203.4 203.5 203.6 203.7 203.8 203.9 203.10 203.11 203.12 203.13 203.14 203.15 203.16 203.17 203.18 203.19 203.20 203.21 203.22 203.23 203.24
203.25 203.26 203.27 203.28 203.29 203.30 203.31 204.1 204.2 204.3 204.4 204.5 204.6 204.7 204.8 204.9 204.10 204.11 204.12 204.13 204.14 204.15 204.16
204.17 204.18 204.19 204.20 204.21 204.22 204.23 204.24 204.25 204.26 204.27 204.28 204.29 204.30 205.1 205.2 205.3 205.4
205.5 205.6 205.7 205.8 205.9 205.10 205.11 205.12 205.13 205.14 205.15 205.16 205.17 205.18 205.19 205.20 205.21 205.22 205.23 205.24 205.25 205.26 205.27 205.28 205.29 205.30 205.31
206.1 206.2 206.3 206.4 206.5 206.6 206.7 206.8 206.9 206.10 206.11 206.12 206.13
206.14 206.15 206.16 206.17 206.18 206.19 206.20 206.21 206.22 206.23 206.24 206.25 206.26
206.27 206.28 206.29 206.30 206.31 207.1 207.2 207.3 207.4 207.5 207.6 207.7
207.8 207.9 207.10 207.11 207.12 207.13 207.14 207.15 207.16 207.17 207.18
207.19 207.20 207.21 207.22 207.23 207.24 207.25 207.26 207.27 207.28 207.29 207.30 207.31 208.1 208.2 208.3 208.4 208.5
208.6 208.7 208.8 208.9 208.10 208.11 208.12 208.13 208.14 208.15 208.16 208.17 208.18 208.19 208.20 208.21 208.22 208.23 208.24 208.25
208.26 208.27 208.28 208.29 208.30 208.31 209.1 209.2 209.3 209.4 209.5 209.6 209.7 209.8 209.9 209.10 209.11 209.12 209.13 209.14 209.15 209.16
209.17 209.18 209.19 209.20 209.21 209.22 209.23 209.24 209.25 209.26 209.27 209.28 209.29 209.30 209.31 209.32 209.33 210.1 210.2 210.3 210.4 210.5 210.6 210.7 210.8 210.9 210.10
210.11 210.12 210.13 210.14 210.15 210.16 210.17 210.18 210.19 210.20 210.21 210.22 210.23 210.24 210.25 210.26 210.27 210.28 210.29 210.30 210.31 210.32 211.1 211.2 211.3 211.4 211.5 211.6 211.7 211.8 211.9
211.10 211.11 211.12 211.13 211.14 211.15 211.16 211.17 211.18 211.19 211.20 211.21 211.22 211.23 211.24 211.25 211.26 211.27 211.28 211.29 211.30 211.31
212.1 212.2 212.3 212.4 212.5 212.6 212.7 212.8 212.9
212.10 212.11 212.12 212.13 212.14 212.15 212.16 212.17 212.18 212.19 212.20 212.21 212.22 212.23 212.24 212.25 212.26 212.27 212.28
212.29 212.30 212.31 213.1 213.2 213.3 213.4 213.5 213.6 213.7 213.8 213.9 213.10 213.11 213.12 213.13 213.14 213.15 213.16 213.17 213.18 213.19 213.20 213.21 213.22 213.23 213.24 213.25 213.26 213.27 213.28 213.29 213.30 213.31 213.32 214.1 214.2 214.3 214.4 214.5 214.6 214.7 214.8 214.9 214.10 214.11 214.12 214.13 214.14 214.15 214.16 214.17 214.18 214.19 214.20 214.21 214.22 214.23 214.24 214.25 214.26 214.27 214.28 214.29 214.30 214.31
214.32 214.33
215.1 215.2
215.3 215.4
215.5 215.6 215.7
215.8
215.9 215.10 215.11
215.12 215.13 215.14 215.15 215.16 215.17 215.18 215.19 215.20 215.21
215.22 215.23 215.24 215.25 215.26 215.27 215.28 215.29 215.30 215.31 216.1 216.2 216.3 216.4 216.5 216.6 216.7 216.8 216.9 216.10 216.11 216.12 216.13 216.14 216.15 216.16 216.17 216.18 216.19 216.20 216.21 216.22 216.23 216.24 216.25 216.26 216.27 216.28 216.29 216.30 216.31 216.32 216.33 217.1 217.2 217.3 217.4 217.5 217.6 217.7 217.8 217.9 217.10 217.11 217.12 217.13 217.14 217.15 217.16 217.17 217.18 217.19 217.20 217.21 217.22 217.23 217.24 217.25 217.26 217.27 217.28 217.29 217.30 217.31 217.32 217.33 218.1 218.2 218.3 218.4 218.5 218.6 218.7 218.8 218.9 218.10 218.11 218.12 218.13 218.14 218.15 218.16 218.17 218.18 218.19 218.20
218.21 218.22 218.23 218.24
218.25 218.26 218.27 218.28 218.29
219.1 219.2 219.3 219.4 219.5 219.6 219.7 219.8 219.9 219.10 219.11 219.12 219.13 219.14 219.15 219.16 219.17 219.18 219.19 219.20 219.21 219.22 219.23 219.24 219.25 219.26 219.27 219.28 219.29 219.30 219.31 219.32 219.33 219.34 220.1 220.2 220.3 220.4 220.5 220.6 220.7 220.8 220.9 220.10 220.11 220.12 220.13 220.14 220.15 220.16 220.17 220.18 220.19 220.20 220.21 220.22 220.23 220.24 220.25 220.26 220.27 220.28 220.29 220.30 220.31 220.32 220.33 221.1 221.2 221.3 221.4 221.5 221.6 221.7 221.8 221.9 221.10 221.11 221.12 221.13 221.14 221.15 221.16 221.17 221.18 221.19 221.20 221.21 221.22 221.23 221.24 221.25 221.26 221.27 221.28 221.29 221.30 221.31 221.32 221.33 222.1 222.2 222.3 222.4 222.5 222.6 222.7 222.8 222.9 222.10 222.11 222.12 222.13 222.14 222.15 222.16 222.17 222.18 222.19 222.20 222.21 222.22
222.23 222.24
222.25 222.26 222.27
222.28 222.29 222.30 222.31 223.1 223.2 223.3 223.4 223.5 223.6 223.7 223.8 223.9 223.10 223.11 223.12 223.13 223.14 223.15 223.16 223.17 223.18 223.19 223.20 223.21 223.22 223.23 223.24
223.25 223.26 223.27 223.28 223.29 223.30 223.31 223.32 224.1 224.2 224.3 224.4
224.5 224.6 224.7 224.8 224.9 224.10 224.11
224.12 224.13 224.14 224.15 224.16 224.17 224.18 224.19 224.20 224.21 224.22 224.23 224.24 224.25 224.26 224.27 224.28 224.29 224.30 224.31 225.1 225.2 225.3 225.4 225.5 225.6 225.7 225.8 225.9 225.10 225.11 225.12 225.13 225.14 225.15 225.16 225.17 225.18 225.19 225.20 225.21 225.22 225.23 225.24 225.25 225.26 225.27 225.28 225.29 225.30 225.31
226.1 226.2 226.3 226.4 226.5 226.6 226.7 226.8 226.9 226.10 226.11 226.12 226.13 226.14 226.15 226.16 226.17 226.18 226.19 226.20 226.21 226.22 226.23 226.24 226.25 226.26 226.27 226.28 226.29 227.1 227.2 227.3 227.4 227.5 227.6 227.7 227.8 227.9 227.10 227.11
227.12 227.13 227.14 227.15 227.16 227.17 227.18 227.19 227.20 227.21 227.22 227.23 227.24 227.25 227.26 227.27 227.28 227.29 227.30 227.31 227.32 227.33
228.1 228.2 228.3 228.4 228.5 228.6
228.7 228.8 228.9 228.10 228.11
228.12 228.13 228.14 228.15 228.16 228.17 228.18 228.19 228.20 228.21 228.22 228.23 228.24
228.25 228.26 228.27 228.28 228.29 228.30 228.31 229.1 229.2 229.3 229.4 229.5 229.6 229.7 229.8 229.9 229.10 229.11 229.12 229.13 229.14 229.15 229.16 229.17 229.18 229.19 229.20 229.21 229.22 229.23 229.24 229.25 229.26 229.27 229.28 229.29 229.30 230.1 230.2 230.3 230.4 230.5 230.6 230.7 230.8 230.9 230.10 230.11 230.12 230.13 230.14 230.15 230.16 230.17 230.18 230.19 230.20 230.21 230.22 230.23 230.24 230.25 230.26 230.27 230.28 230.29
231.1 231.2
231.3 231.4 231.5 231.6 231.7 231.8 231.9 231.10
231.11 231.12 231.13 231.14 231.15 231.16 231.17 231.18 231.19 231.20 231.21 231.22 231.23 231.24 231.25 231.26 231.27 231.28 231.29
232.1 232.2 232.3 232.4 232.5 232.6 232.7 232.8 232.9 232.10 232.11 232.12 232.13 232.14 232.15 232.16 232.17 232.18 232.19 232.20 232.21 232.22
232.23 232.24 232.25 232.26 232.27 232.28 232.29 232.30 233.1 233.2 233.3 233.4 233.5 233.6 233.7 233.8 233.9 233.10 233.11 233.12 233.13 233.14 233.15 233.16 233.17 233.18 233.19 233.20 233.21 233.22 233.23 233.24 233.25 233.26 233.27 233.28 233.29 233.30 233.31 233.32 234.1 234.2 234.3 234.4 234.5 234.6 234.7 234.8
234.9 234.10 234.11 234.12 234.13 234.14 234.15 234.16 234.17 234.18 234.19 234.20 234.21 234.22 234.23 234.24 234.25 234.26 234.27 234.28
234.29 234.30 234.31 234.32 235.1 235.2 235.3 235.4
235.5 235.6 235.7 235.8 235.9 235.10 235.11 235.12 235.13 235.14 235.15 235.16 235.17 235.18 235.19 235.20 235.21 235.22 235.23 235.24 235.25
235.26 235.27 235.28 235.29 235.30 235.31 236.1 236.2 236.3 236.4 236.5 236.6 236.7 236.8 236.9 236.10 236.11 236.12 236.13 236.14 236.15 236.16 236.17 236.18
236.19 236.20 236.21 236.22 236.23 236.24 236.25 236.26 236.27 236.28 236.29 236.30 236.31 236.32 236.33 237.1 237.2 237.3 237.4 237.5 237.6 237.7 237.8 237.9 237.10 237.11 237.12 237.13 237.14 237.15 237.16 237.17 237.18 237.19 237.20 237.21 237.22 237.23 237.24 237.25 237.26 237.27 237.28 237.29 237.30 237.31 237.32 238.1 238.2 238.3 238.4 238.5 238.6 238.7 238.8 238.9 238.10 238.11 238.12 238.13 238.14 238.15 238.16 238.17 238.18 238.19 238.20 238.21 238.22 238.23 238.24 238.25 238.26 238.27 238.28 238.29 238.30 239.1 239.2 239.3 239.4 239.5 239.6 239.7 239.8 239.9 239.10 239.11
239.12 239.13 239.14 239.15 239.16 239.17 239.18 239.19 239.20 239.21 239.22 239.23 239.24 239.25 239.26 239.27 239.28 239.29 239.30 239.31 239.32 240.1 240.2 240.3 240.4 240.5 240.6 240.7 240.8 240.9 240.10 240.11 240.12 240.13 240.14 240.15 240.16 240.17 240.18 240.19 240.20 240.21 240.22 240.23 240.24 240.25 240.26 240.27 240.28 240.29 241.1 241.2 241.3 241.4 241.5 241.6 241.7 241.8 241.9 241.10 241.11 241.12 241.13 241.14 241.15 241.16 241.17 241.18 241.19 241.20 241.21 241.22 241.23 241.24 241.25 241.26 241.27 241.28 241.29
241.30 241.31 241.32 242.1 242.2 242.3 242.4 242.5 242.6 242.7 242.8 242.9 242.10 242.11 242.12 242.13 242.14 242.15 242.16 242.17 242.18 242.19 242.20 242.21 242.22
242.23 242.24 242.25 242.26 242.27 242.28 242.29 242.30 242.31 242.32 243.1 243.2 243.3 243.4 243.5 243.6 243.7 243.8 243.9 243.10 243.11 243.12 243.13 243.14 243.15 243.16 243.17 243.18
243.19 243.20 243.21 243.22 243.23 243.24 243.25 243.26 243.27 243.28 243.29 243.30 243.31 243.32 243.33
244.1 244.2 244.3 244.4 244.5 244.6 244.7 244.8 244.9 244.10 244.11 244.12
244.13 244.14 244.15 244.16 244.17 244.18 244.19 244.20 244.21 244.22 244.23 244.24 244.25 244.26 244.27 244.28 244.29 244.30 244.31 245.1 245.2 245.3 245.4 245.5 245.6 245.7 245.8 245.9 245.10 245.11 245.12 245.13 245.14 245.15 245.16 245.17 245.18 245.19 245.20 245.21 245.22 245.23 245.24 245.25 245.26 245.27 245.28 245.29 245.30 245.31 245.32 246.1 246.2 246.3 246.4 246.5 246.6 246.7 246.8 246.9 246.10 246.11 246.12 246.13 246.14 246.15 246.16 246.17 246.18 246.19 246.20 246.21 246.22 246.23 246.24 246.25 246.26 246.27 246.28 246.29 246.30 246.31 247.1 247.2 247.3 247.4 247.5 247.6 247.7 247.8 247.9 247.10 247.11 247.12 247.13
247.14 247.15 247.16 247.17 247.18 247.19 247.20 247.21 247.22 247.23 247.24 247.25 247.26 247.27 247.28 247.29 247.30 247.31 248.1 248.2
248.3 248.4 248.5 248.6 248.7 248.8 248.9 248.10 248.11 248.12 248.13 248.14 248.15 248.16
248.17 248.18 248.19 248.20 248.21 248.22 248.23 248.24 248.25 248.26
248.27 248.28 248.29 248.30 249.1 249.2 249.3 249.4 249.5 249.6 249.7 249.8 249.9 249.10 249.11 249.12 249.13 249.14 249.15 249.16 249.17
249.18 249.19 249.20 249.21 249.22 249.23 249.24 249.25 249.26 249.27 249.28 249.29 250.1 250.2 250.3
250.4 250.5 250.6 250.7 250.8 250.9 250.10 250.11 250.12 250.13 250.14 250.15 250.16 250.17 250.18
250.19 250.20 250.21 250.22
250.23 250.24 250.25 250.26
250.27 250.28 250.29 251.1 251.2 251.3 251.4
251.5 251.6 251.7 251.8 251.9 251.10 251.11
251.12 251.13 251.14 251.15 251.16 251.17 251.18
251.19 251.20 251.21 251.22 251.23 251.24 251.25 251.26 251.27 251.28 251.29 251.30 252.1 252.2
252.3 252.4 252.5 252.6 252.7 252.8 252.9 252.10 252.11 252.12 252.13 252.14 252.15 252.16 252.17 252.18 252.19 252.20 252.21 252.22 252.23 252.24 252.25 252.26 252.27 252.28 252.29 252.30 252.31 253.1 253.2 253.3
253.4 253.5 253.6 253.7 253.8 253.9 253.10 253.11 253.12 253.13 253.14 253.15 253.16 253.17
253.18 253.19 253.20 253.21 253.22 253.23 253.24 253.25 253.26 253.27 253.28 253.29 253.30 253.31 253.32 253.33 254.1 254.2 254.3
254.4 254.5 254.6 254.7 254.8 254.9 254.10 254.11 254.12 254.13 254.14 254.15 254.16 254.17 254.18 254.19 254.20
254.21 254.22 254.23 254.24 254.25 254.26 254.27 254.28 254.29 254.30 254.31 255.1 255.2 255.3 255.4 255.5 255.6 255.7 255.8 255.9 255.10 255.11 255.12
255.13 255.14 255.15 255.16 255.17 255.18 255.19 255.20
255.21 255.22 255.23 255.24 255.25 255.26 255.27 255.28 255.29 255.30 255.31 256.1 256.2 256.3 256.4 256.5 256.6 256.7 256.8 256.9 256.10 256.11
256.12 256.13 256.14 256.15 256.16 256.17 256.18 256.19 256.20 256.21 256.22 256.23 256.24 256.25 256.26 256.27 256.28 256.29 256.30 256.31 256.32 257.1 257.2
257.3 257.4 257.5 257.6 257.7 257.8 257.9 257.10 257.11 257.12 257.13 257.14 257.15
257.16 257.17 257.18 257.19 257.20 257.21 257.22 257.23 257.24
257.25 257.26 257.27 257.28 257.29 257.30 257.31 258.1 258.2 258.3 258.4 258.5 258.6 258.7 258.8 258.9 258.10 258.11 258.12 258.13 258.14 258.15 258.16 258.17 258.18 258.19 258.20 258.21 258.22 258.23 258.24 258.25 258.26 258.27 258.28 258.29 258.30 258.31 259.1 259.2 259.3 259.4 259.5 259.6 259.7 259.8 259.9 259.10 259.11 259.12 259.13 259.14 259.15 259.16 259.17 259.18 259.19 259.20 259.21 259.22 259.23 259.24 259.25 259.26 259.27 259.28 259.29 259.30 259.31 259.32 259.33 260.1 260.2 260.3 260.4 260.5 260.6 260.7 260.8 260.9 260.10 260.11 260.12 260.13 260.14 260.15 260.16
260.17 260.18 260.19 260.20 260.21 260.22 260.23 260.24 260.25 260.26 260.27 260.28 260.29 260.30 260.31 260.32 260.33 260.34 261.1 261.2 261.3 261.4 261.5 261.6 261.7 261.8 261.9 261.10 261.11 261.12 261.13 261.14 261.15 261.16 261.17 261.18 261.19 261.20 261.21 261.22 261.23 261.24 261.25 261.26 261.27 261.28 261.29 261.30 261.31 261.32 261.33 262.1 262.2 262.3 262.4 262.5 262.6 262.7
262.8 262.9 262.10 262.11 262.12 262.13 262.14 262.15 262.16 262.17 262.18 262.19 262.20 262.21 262.22 262.23 262.24 262.25 262.26 262.27 262.28 262.29 262.30 262.31 263.1 263.2 263.3 263.4 263.5 263.6 263.7 263.8 263.9 263.10 263.11 263.12 263.13 263.14 263.15 263.16 263.17 263.18 263.19 263.20 263.21 263.22 263.23 263.24 263.25 263.26 263.27 263.28 263.29 263.30 263.31 264.1 264.2
264.3 264.4 264.5 264.6 264.7 264.8 264.9 264.10 264.11 264.12 264.13 264.14
264.15 264.16 264.17 264.18 264.19 264.20 264.21 264.22 264.23 264.24 264.25 264.26 264.27 264.28 264.29 265.1 265.2 265.3 265.4
265.5 265.6 265.7 265.8 265.9
265.10 265.11 265.12 265.13 265.14 265.15 265.16 265.17 265.18 265.19 265.20 265.21 265.22 265.23 265.24 265.25 265.26 265.27 265.28 265.29 265.30 266.1 266.2 266.3 266.4 266.5 266.6 266.7 266.8 266.9 266.10 266.11 266.12 266.13 266.14
266.15 266.16 266.17 266.18 266.19 266.20 266.21 266.22 266.23 266.24 266.25 266.26 266.27 266.28 266.29 266.30 266.31 266.32 267.1 267.2 267.3 267.4 267.5 267.6 267.7 267.8 267.9
267.10 267.11 267.12 267.13 267.14 267.15 267.16 267.17 267.18 267.19 267.20 267.21 267.22 267.23 267.24 267.25 267.26
267.27 267.28 267.29 267.30 267.31 267.32 267.33
268.1 268.2 268.3 268.4 268.5 268.6 268.7 268.8 268.9 268.10
268.11 268.12 268.13 268.14 268.15 268.16 268.17 268.18 268.19 268.20 268.21 268.22 268.23 268.24
268.25 268.26 268.27 268.28 268.29 268.30 268.31 268.32 268.33 269.1 269.2 269.3 269.4 269.5 269.6 269.7 269.8 269.9 269.10 269.11 269.12 269.13 269.14 269.15 269.16 269.17 269.18 269.19 269.20 269.21 269.22 269.23 269.24 269.25 269.26 269.27 269.28 269.29 269.30 269.31 269.32 269.33 269.34 270.1 270.2 270.3 270.4 270.5 270.6 270.7 270.8 270.9 270.10 270.11 270.12 270.13 270.14 270.15 270.16 270.17 270.18 270.19
270.20 270.21 270.22 270.23 270.24 270.25 270.26 270.27 270.28 270.29 270.30 270.31 271.1 271.2 271.3 271.4 271.5 271.6 271.7 271.8 271.9 271.10 271.11 271.12 271.13 271.14 271.15 271.16 271.17 271.18 271.19 271.20 271.21 271.22 271.23 271.24 271.25 271.26 271.27 271.28 271.29 272.1 272.2 272.3 272.4 272.5 272.6 272.7 272.8 272.9 272.10 272.11 272.12 272.13 272.14 272.15 272.16 272.17 272.18 272.19 272.20 272.21
272.22 272.23 272.24 272.25 272.26 272.27 272.28 272.29 272.30 272.31 272.32 273.1 273.2
273.3 273.4 273.5 273.6 273.7 273.8 273.9 273.10 273.11 273.12 273.13 273.14 273.15 273.16 273.17 273.18 273.19 273.20 273.21 273.22
273.23 273.24 273.25 273.26 273.27 273.28 273.29
274.1 274.2 274.3 274.4 274.5 274.6 274.7 274.8 274.9
274.10 274.11 274.12 274.13 274.14 274.15 274.16 274.17 274.18 274.19 274.20 274.21 274.22 274.23 274.24 274.25 274.26 274.27 274.28 274.29 274.30 275.1 275.2 275.3 275.4
275.5 275.6 275.7 275.8 275.9 275.10 275.11 275.12 275.13 275.14 275.15 275.16 275.17 275.18 275.19 275.20 275.21 275.22 275.23 275.24 275.25 275.26 275.27 275.28 275.29 275.30 275.31 275.32 275.33 276.1 276.2 276.3 276.4 276.5 276.6 276.7 276.8 276.9 276.10 276.11 276.12 276.13 276.14 276.15 276.16 276.17 276.18 276.19 276.20 276.21 276.22 276.23 276.24 276.25 276.26 276.27 276.28 276.29 276.30 276.31 276.32 276.33 276.34 277.1 277.2 277.3 277.4 277.5 277.6 277.7 277.8 277.9 277.10 277.11 277.12 277.13 277.14 277.15 277.16 277.17 277.18 277.19 277.20 277.21 277.22 277.23 277.24 277.25 277.26 277.27 277.28
277.29 277.30 277.31 277.32 277.33 278.1 278.2 278.3
278.4 278.5 278.6 278.7 278.8 278.9 278.10 278.11
278.12 278.13 278.14 278.15 278.16 278.17 278.18 278.19 278.20 278.21 278.22 278.23 278.24 278.25 278.26 278.27 278.28 278.29 278.30 278.31 279.1 279.2 279.3 279.4 279.5 279.6 279.7 279.8 279.9 279.10 279.11 279.12 279.13 279.14 279.15 279.16 279.17 279.18 279.19 279.20 279.21 279.22 279.23 279.24 279.25 279.26 279.27 279.28 279.29 279.30 279.31 279.32 279.33 280.1 280.2 280.3 280.4 280.5 280.6 280.7 280.8 280.9 280.10 280.11 280.12 280.13 280.14 280.15 280.16 280.17 280.18 280.19 280.20 280.21 280.22 280.23 280.24 280.25 280.26 280.27
280.28 280.29 280.30 280.31 280.32 280.33 281.1 281.2 281.3 281.4 281.5 281.6 281.7 281.8 281.9 281.10 281.11 281.12
281.13 281.14 281.15 281.16 281.17 281.18 281.19 281.20 281.21 281.22 281.23 281.24 281.25 281.26 281.27 281.28 281.29 281.30 281.31 281.32 281.33 282.1 282.2 282.3 282.4 282.5 282.6 282.7 282.8 282.9 282.10 282.11 282.12 282.13 282.14 282.15 282.16 282.17 282.18 282.19 282.20 282.21 282.22 282.23 282.24 282.25 282.26 282.27 282.28 282.29 282.30 282.31 282.32 283.1 283.2 283.3 283.4 283.5 283.6 283.7 283.8 283.9 283.10 283.11 283.12 283.13 283.14 283.15 283.16 283.17 283.18 283.19 283.20 283.21 283.22 283.23 283.24 283.25 283.26 283.27 283.28 283.29 283.30 283.31 283.32 283.33 283.34 284.1 284.2 284.3
284.4 284.5 284.6 284.7 284.8 284.9 284.10 284.11 284.12 284.13 284.14 284.15 284.16 284.17 284.18 284.19 284.20 284.21 284.22 284.23 284.24 284.25 284.26 284.27 284.28 284.29
285.1 285.2 285.3 285.4 285.5 285.6 285.7 285.8 285.9
285.10 285.11 285.12 285.13 285.14 285.15 285.16 285.17 285.18 285.19 285.20 285.21 285.22 285.23 285.24 285.25 285.26 285.27 285.28 285.29 285.30 285.31 285.32 285.33 286.1 286.2 286.3
286.4 286.5 286.6 286.7 286.8 286.9 286.10 286.11 286.12 286.13 286.14 286.15 286.16 286.17 286.18 286.19 286.20 286.21 286.22 286.23 286.24 286.25 286.26
287.1 287.2 287.3 287.4 287.5 287.6 287.7 287.8 287.9 287.10 287.11 287.12 287.13 287.14 287.15 287.16 287.17 287.18 287.19 287.20 287.21 287.22 287.23 287.24 287.25 287.26 287.27 287.28 287.29 287.30 288.1 288.2
288.3 288.4 288.5 288.6 288.7 288.8 288.9 288.10 288.11 288.12 288.13 288.14 288.15 288.16 288.17 288.18 288.19 288.20 288.21 288.22 288.23 288.24 288.25 288.26 288.27 288.28 288.29 288.30 288.31 288.32 288.33 288.34 288.35 289.1 289.2 289.3 289.4 289.5 289.6 289.7 289.8 289.9 289.10 289.11 289.12 289.13 289.14 289.15 289.16 289.17 289.18 289.19 289.20 289.21 289.22 289.23 289.24 289.25 289.26 289.27 289.28 289.29 289.30 289.31 289.32 289.33 289.34 290.1 290.2 290.3 290.4 290.5 290.6 290.7 290.8 290.9 290.10 290.11 290.12 290.13 290.14 290.15 290.16 290.17 290.18 290.19 290.20 290.21 290.22 290.23 290.24 290.25 290.26
290.27 290.28 290.29 290.30 290.31 290.32 290.33 290.34 291.1 291.2 291.3 291.4 291.5 291.6 291.7 291.8 291.9 291.10 291.11 291.12 291.13 291.14
291.15 291.16 291.17 291.18 291.19 291.20 291.21 291.22 291.23 291.24 291.25 291.26 291.27 291.28 291.29 291.30 291.31 291.32 292.1 292.2 292.3 292.4 292.5 292.6 292.7 292.8 292.9 292.10 292.11 292.12 292.13 292.14 292.15 292.16 292.17 292.18 292.19 292.20 292.21
292.22 292.23 292.24 292.25
292.26 292.27 292.28 292.29 292.30 292.31 292.32 293.1 293.2 293.3 293.4 293.5 293.6 293.7 293.8 293.9 293.10 293.11 293.12 293.13 293.14 293.15 293.16 293.17 293.18 293.19 293.20 293.21
293.22 293.23 293.24 293.25 293.26 293.27 293.28 293.29
294.1 294.2 294.3 294.4 294.5 294.6 294.7 294.8 294.9 294.10 294.11 294.12 294.13 294.14 294.15 294.16 294.17 294.18 294.19 294.20 294.21 294.22 294.23 294.24 294.25 294.26 294.27 294.28 294.29 294.30 294.31 294.32 294.33 294.34 294.35 295.1 295.2 295.3 295.4 295.5 295.6 295.7 295.8 295.9 295.10 295.11 295.12 295.13 295.14 295.15 295.16 295.17 295.18 295.19 295.20 295.21 295.22 295.23 295.24 295.25 295.26 295.27 295.28 295.29 295.30 295.31 295.32 295.33 296.1 296.2 296.3 296.4 296.5 296.6 296.7 296.8 296.9 296.10 296.11 296.12
296.13 296.14 296.15 296.16 296.17 296.18 296.19 296.20 296.21 296.22 296.23 296.24 296.25 296.26 296.27 296.28 296.29 296.30 296.31 297.1 297.2 297.3 297.4 297.5 297.6 297.7 297.8 297.9 297.10 297.11 297.12 297.13 297.14 297.15 297.16 297.17 297.18 297.19 297.20 297.21 297.22 297.23 297.24 297.25 297.26 297.27 297.28 297.29 297.30 297.31 297.32 297.33 298.1 298.2 298.3 298.4 298.5 298.6 298.7 298.8 298.9 298.10 298.11 298.12 298.13 298.14 298.15 298.16 298.17 298.18 298.19 298.20 298.21 298.22 298.23 298.24 298.25 298.26 298.27 298.28 298.29 298.30 298.31 298.32 298.33 299.1 299.2 299.3 299.4 299.5 299.6 299.7 299.8 299.9 299.10 299.11 299.12 299.13 299.14 299.15 299.16 299.17 299.18 299.19 299.20 299.21 299.22 299.23 299.24 299.25 299.26 299.27 299.28 299.29 299.30 299.31 299.32 299.33 300.1 300.2 300.3 300.4 300.5 300.6 300.7 300.8 300.9 300.10 300.11 300.12 300.13 300.14 300.15 300.16 300.17 300.18 300.19 300.20
300.21 300.22 300.23 300.24 300.25 300.26 300.27 300.28 300.29 300.30 300.31 300.32 300.33 301.1 301.2 301.3 301.4 301.5 301.6 301.7 301.8 301.9 301.10 301.11 301.12 301.13 301.14 301.15 301.16 301.17 301.18 301.19 301.20 301.21 301.22 301.23 301.24 301.25 301.26 301.27 301.28 301.29 301.30 301.31 301.32 301.33 302.1 302.2 302.3 302.4 302.5 302.6 302.7 302.8 302.9 302.10 302.11 302.12 302.13 302.14 302.15 302.16 302.17 302.18 302.19 302.20 302.21 302.22 302.23 302.24 302.25 302.26 302.27
302.28 302.29 302.30 302.31 302.32 303.1 303.2 303.3 303.4 303.5 303.6 303.7
303.8 303.9 303.10 303.11 303.12 303.13 303.14 303.15 303.16 303.17 303.18 303.19 303.20 303.21 303.22 303.23 303.24 303.25 303.26 303.27 303.28 303.29 303.30 303.31 303.32 304.1 304.2 304.3 304.4 304.5 304.6 304.7 304.8 304.9 304.10 304.11 304.12 304.13 304.14 304.15 304.16 304.17 304.18 304.19 304.20 304.21 304.22 304.23 304.24 304.25 304.26 304.27 304.28 304.29 304.30 304.31 304.32 304.33 305.1 305.2 305.3 305.4 305.5 305.6 305.7 305.8 305.9 305.10 305.11 305.12 305.13 305.14 305.15 305.16 305.17 305.18 305.19 305.20 305.21 305.22 305.23 305.24 305.25 305.26 305.27 305.28 305.29 305.30 305.31 305.32
306.1 306.2 306.3 306.4 306.5 306.6 306.7 306.8 306.9 306.10 306.11 306.12 306.13 306.14
306.15 306.16 306.17 306.18
306.19 306.20 306.21 306.22 306.23 306.24 306.25 306.26
307.1 307.2 307.3 307.4 307.5 307.6 307.7 307.8 307.9 307.10 307.11 307.12 307.13 307.14 307.15 307.16 307.17 307.18
307.19 307.20 307.21 307.22 307.23 307.24 307.25 307.26 307.27 307.28 307.29 307.30 307.31 308.1 308.2 308.3 308.4 308.5 308.6 308.7 308.8 308.9 308.10 308.11 308.12 308.13 308.14 308.15 308.16 308.17 308.18 308.19 308.20 308.21 308.22 308.23 308.24 308.25 308.26 308.27 308.28 308.29 308.30 308.31 308.32 309.1 309.2 309.3 309.4 309.5 309.6 309.7 309.8 309.9 309.10 309.11 309.12 309.13 309.14 309.15 309.16 309.17 309.18 309.19 309.20 309.21 309.22 309.23 309.24 309.25 309.26 309.27 309.28 309.29 309.30 309.31 309.32 310.1 310.2
310.3 310.4 310.5 310.6 310.7 310.8 310.9 310.10 310.11 310.12 310.13 310.14 310.15 310.16 310.17 310.18 310.19 310.20 310.21 310.22 310.23 310.24 310.25 310.26 310.27 310.28 310.29 310.30 310.31 311.1 311.2 311.3 311.4 311.5 311.6 311.7 311.8 311.9 311.10 311.11 311.12 311.13 311.14 311.15 311.16 311.17 311.18 311.19 311.20 311.21 311.22 311.23 311.24 311.25 311.26 311.27 311.28 311.29 311.30 311.31 311.32 312.1 312.2 312.3 312.4 312.5 312.6 312.7 312.8 312.9 312.10 312.11 312.12 312.13 312.14 312.15 312.16 312.17 312.18 312.19 312.20 312.21 312.22 312.23 312.24 312.25 312.26 312.27 312.28 312.29 312.30 312.31
313.1 313.2 313.3 313.4 313.5 313.6 313.7 313.8 313.9 313.10 313.11 313.12 313.13 313.14 313.15
313.16 313.17 313.18 313.19 313.20 313.21 313.22 313.23 313.24 313.25 313.26 313.27 313.28 313.29 313.30 314.1 314.2 314.3 314.4 314.5 314.6 314.7 314.8 314.9 314.10 314.11 314.12 314.13 314.14 314.15 314.16 314.17 314.18 314.19 314.20 314.21 314.22 314.23 314.24 314.25 314.26 314.27 314.28 314.29 314.30 314.31 314.32
315.1 315.2
315.3 315.4 315.5 315.6 315.7 315.8 315.9 315.10 315.11 315.12 315.13 315.14 315.15 315.16 315.17 315.18 315.19 315.20 315.21 315.22 315.23 315.24 315.25 315.26 315.27 315.28 315.29 315.30 315.31 315.32
316.1 316.2 316.3 316.4 316.5 316.6 316.7 316.8 316.9 316.10 316.11 316.12 316.13 316.14 316.15 316.16 316.17 316.18
316.19
316.20 316.21
316.22
A bill for an act
relating to human services; modifying policy provisions relating to aging and
disability services, the Department of Health, Direct Care and Treatment, substance
use disorder and behavioral health, the Department of Human Services Office of
Inspector General, and certain health insurance claims; recodifying statutory
language relating to assertive community treatment and intensive residential
treatment services; modifying children's mental health terminology; requiring
certain notifications regarding federal approval; making conforming changes;
amending Minnesota Statutes 2024, sections 3.757, subdivision 1; 4.046,
subdivisions 2, 3; 13.46, subdivisions 3, 4; 15.471, subdivision 6; 43A.241; 62J.495,
subdivision 2; 62Q.527, subdivisions 1, 2, 3; 62Q.75, subdivision 3; 97A.441,
subdivision 3; 121A.61, subdivision 3; 128C.02, subdivision 5; 142E.51,
subdivisions 5, 6, by adding a subdivision; 142G.02, subdivision 56; 142G.27,
subdivision 4; 142G.42, subdivision 3; 144.0724, subdivisions 2, 3a, 4, 8, 9, 11;
144.53; 144.651, subdivisions 2, 4, 10a, 20, 31, 32; 144A.07; 144A.071,
subdivisions 4a, 4d; 144A.1888; 144A.61, by adding subdivisions; 144A.70,
subdivisions 3, 7, by adding subdivisions; 144A.751, subdivision 1; 144G.08, by
adding a subdivision; 144G.10, subdivisions 1, 1a, 5; 144G.16, subdivision 3;
144G.19, by adding a subdivision; 144G.45, by adding a subdivision; 144G.51;
144G.52, by adding a subdivision; 144G.53; 144G.70, subdivision 2; 144G.71,
subdivisions 3, 5; 144G.81, subdivision 1; 144G.91, by adding a subdivision;
146A.08, subdivision 4; 147.091, subdivision 6; 147A.13, subdivision 6; 148.10,
subdivision 1; 148.235, subdivision 10; 148.261, subdivision 5; 148.754;
148B.5905; 148F.09, subdivision 6; 148F.11, subdivision 1; 150A.08, subdivision
6; 151.071, subdivision 10; 153.21, subdivision 2; 153B.70; 168.012, subdivision
1; 169A.284; 244.052, subdivision 4; 245.462, subdivision 4; 245.4661, subdivision
9; 245.4662, subdivision 1; 245.4682, subdivision 3; 245.469; 245.481; 245.4835,
subdivision 2; 245.4863; 245.487, subdivision 2; 245.4871, subdivisions 3, 4, 6,
13, 15, 17, 19, 21, 22, 28, 29, 31, 32, 34, by adding a subdivision; 245.4873,
subdivision 2; 245.4874, subdivision 1; 245.4875, subdivision 5; 245.4876,
subdivisions 4, 5; 245.4877; 245.488, subdivisions 1, 3; 245.4881, subdivisions
1, 3, 4; 245.4882, subdivisions 1, 5; 245.4884; 245.4885, subdivision 1; 245.4889,
subdivision 1; 245.4901, subdivision 3; 245.4906, subdivision 2; 245.4907,
subdivisions 2, 3; 245.491, subdivision 2; 245.492, subdivision 3; 245.50,
subdivisions 2, 3, by adding a subdivision; 245.52; 245.697, subdivision 2a;
245.814, subdivision 3; 245.826; 245.91, subdivisions 2, 4; 245.92; 245.94,
subdivision 1; 245A.03, subdivision 2; 245A.04, subdivisions 1, 7; 245A.16,
subdivision 1; 245A.242, subdivision 2; 245A.26, subdivisions 1, 2; 245C.05, by
adding a subdivision; 245C.08, subdivision 3; 245C.22, subdivision 5; 245D.02,
subdivision 4a; 245D.091, subdivision 3; 245D.10, by adding a subdivision;
245F.06, subdivision 2; 245G.05, subdivision 1; 245G.06, subdivisions 1, 2a, 3a;
245G.07, subdivision 2; 245G.08, subdivision 6; 245G.09, subdivision 3; 245G.11,
subdivisions 7, 11; 245G.18, subdivision 2; 245G.19, subdivision 4, by adding a
subdivision; 245G.22, subdivisions 1, 14, 15; 245I.05, subdivisions 3, 5; 245I.06,
subdivision 3; 245I.11, subdivision 5; 245I.12, subdivision 5; 246.585; 246C.06,
subdivision 11; 246C.12, subdivisions 4, 6; 246C.20; 252.27, subdivision 1; 252.28,
subdivision 2; 252.291, subdivision 3; 252.41, subdivision 3; 252.42; 252.43;
252.44; 252.45; 252.46, subdivision 1a; 252.50, subdivision 5; 253B.07, subdivision
2b; 253B.09, subdivision 3a; 253B.10, subdivision 1; 253B.141, subdivision 2;
253B.18, subdivision 6; 253B.19, subdivision 2; 253D.29, subdivisions 1, 2, 3;
253D.30, subdivisions 4, 5; 254A.03, subdivision 1; 254A.19, subdivisions 6, 7;
254B.04, subdivision 1a; 254B.05, subdivisions 1, 1a, 5; 254B.06, by adding a
subdivision; 256.01, subdivisions 2, 5, 29, 34, by adding a subdivision; 256.019,
subdivision 1; 256.0281; 256.0451, subdivisions 1, 3, 6, 8, 9, 18, 22, 23, 24;
256.478, subdivision 2; 256.4825; 256.93, subdivision 1; 256.9657, subdivision
7a; 256.98, subdivisions 1, 7; 256B.02, subdivision 11; 256B.055, subdivision 12;
256B.0615, subdivisions 1, 3; 256B.0616, subdivisions 1, 4, 5; 256B.0622,
subdivisions 1, 3a, 7a, 8, 11, 12; 256B.064, subdivision 1a; 256B.0757, subdivision
2; 256B.0761, subdivision 4; 256B.092, subdivisions 1a, 10, 11, 11a; 256B.0943,
subdivisions 1, 3, 9, 12, 13; 256B.0945, subdivision 1; 256B.0946, subdivision 6;
256B.0947, subdivision 3a; 256B.12; 256B.49, subdivisions 13, 29; 256B.4911,
subdivision 6; 256B.4914, subdivisions 10a, 10d, 17; 256B.69, subdivision 23;
256B.77, subdivision 7a; 256B.82; 256D.44, subdivision 5; 256G.09, subdivisions
4, 5; 256I.04, subdivision 2c; 256L.03, subdivision 5; 256R.02, subdivisions 18,
19, 22; 256R.25; 256R.38; 256R.40, subdivision 5; 260B.157, subdivision 3;
260C.007, subdivisions 16, 26d, 27b; 260C.157, subdivision 3; 260C.201,
subdivisions 1, 2; 260C.301, subdivision 4; 260D.01; 260D.02, subdivisions 5, 9;
260D.03, subdivision 1; 260D.04; 260D.06, subdivision 2; 260D.07; 260E.11,
subdivision 3; 295.50, subdivision 9b; 299F.77, subdivision 2; 342.04; 352.91,
subdivision 3f; 401.17, subdivision 1; 507.071, subdivision 1; 611.46, subdivision
1; 611.55, by adding a subdivision; 611.57, subdivisions 2, 4; 624.7131,
subdivisions 1, 2; 624.7132, subdivisions 1, 2; 624.714, subdivisions 3, 4; 631.40,
subdivision 3; Laws 2023, chapter 70, article 7, section 34; proposing coding for
new law in Minnesota Statutes, chapters 245; 246C; 253B; 256B; 256R; 609;
repealing Minnesota Statutes 2024, sections 144A.071, subdivision 4c; 144G.9999,
subdivisions 1, 2, 3; 245.4862; 245A.042, subdivisions 2, 3, 4; 245A.11, subdivision
8; 246.015, subdivision 3; 246.50, subdivision 2; 246B.04, subdivision 1a;
256B.0622, subdivision 4; Laws 2024, chapter 79, article 1, sections 15; 16; 17;
Minnesota Rules, part 9505.0250, subparts 1, 2, 3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
AGING AND DISABILITY SERVICES
Section 1.
Minnesota Statutes 2024, section 144.0724, subdivision 2, is amended to read:
Subd. 2.
Definitions.
For purposes of this section, the following terms have the meanings
given.
(a) "Assessment reference date" or "ARD" means the specific end point for look-back
periods in the MDS assessment process. This look-back period is also called the observation
or assessment period.
(b) "Case mix index" means the weighting factors assigned to the case mix reimbursement
classifications determined by an assessment.
(c) "Index maximization" means classifying a resident who could be assigned to more
than one category, to the category with the highest case mix index.
(d) "Minimum Data Set" or "MDS" means a core set of screening, clinical assessment,
and functional status elements, that include common definitions and coding categories
specified by the Centers for Medicare and Medicaid Services and designated by the
Department of Health.
(e) "Representative" means a person who is the resident's guardian or conservator, the
person authorized to pay the nursing home expenses of the resident, a representative of the
Office of Ombudsman for Long-Term Care whose assistance has been requested, or any
other individual designated by the resident.
(f) "Activities of daily living" new text begin or "ADL" new text end includes personal hygiene, dressing, bathing,
transferring, bed mobility, locomotion, eating, and toileting.
(g) "Nursing facility level of care determination" means the assessment process that
results in a determination of a resident's or prospective resident's need for nursing facility
level of care as established in subdivision 11 for purposes of medical assistance payment
of long-term care services for:
(1) nursing facility services under chapter 256R;
(2) elderly waiver services under chapter 256S;
(3) CADI and BI waiver services under section 256B.49; and
(4) state payment of alternative care services under section 256B.0913.
new text begin
(h) "Patient Driven Payment Model" or "PDPM" means the case mix reimbursement
classification system for residents in nursing facilities based on the resident's condition,
diagnosis, and the care the resident received at the time of the MDS assessment with an
ARD on or after October 1, 2025.
new text end
new text begin
(i) "Resource utilization group" or "RUG" means the case mix reimbursement
classification system for residents in nursing facilities according to the resident's clinical
and functional status as reflected in data supplied by the facility's MDS with an ARD on or
before September 30, 2025.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective October 1, 2025, and applies to
assessments conducted on or after that date.
new text end
Sec. 2.
Minnesota Statutes 2024, section 144A.071, subdivision 4a, is amended to read:
Subd. 4a.
Exceptions for replacement beds.
It is in the best interest of the state to
ensure that nursing homes and boarding care homes continue to meet the physical plant
licensing and certification requirements by permitting certain construction projects. Facilities
should be maintained in condition to satisfy the physical and emotional needs of residents
while allowing the state to maintain control over nursing home expenditure growth.
The commissioner of health in coordination with the commissioner of human services,
may approve the renovation, replacement, upgrading, or relocation of a nursing home or
boarding care home, under the following conditions:
(a) to license or certify beds in a new facility constructed to replace a facility or to make
repairs in an existing facility that was destroyed or damaged after June 30, 1987, by fire,
lightning, or other hazard provided:
(i) destruction was not caused by the intentional act of or at the direction of a controlling
person of the facility;
(ii) at the time the facility was destroyed or damaged the controlling persons of the
facility maintained insurance coverage for the type of hazard that occurred in an amount
that a reasonable person would conclude was adequate;
(iii) the net proceeds from an insurance settlement for the damages caused by the hazard
are applied to the cost of the new facility or repairs;
(iv) the number of licensed and certified beds in the new facility does not exceed the
number of licensed and certified beds in the destroyed facility; and
(v) the commissioner determines that the replacement beds are needed to prevent an
inadequate supply of beds.
Project construction costs incurred for repairs authorized under this clause shall not be
considered in the dollar threshold amount defined in subdivision 2;
(b) to license or certify beds that are moved from one location to another within a nursing
home facility, provided the total costs of remodeling performed in conjunction with the
relocation of beds does not exceed $1,000,000;
(c) to license or certify beds in a project recommended for approval under section
144A.073;
(d) to license or certify beds that are moved from an existing state nursing home to a
different state facility, provided there is no net increase in the number of state nursing home
beds;
(e) to certify and license as nursing home beds boarding care beds in a certified boarding
care facility if the beds meet the standards for nursing home licensure, or in a facility that
was granted an exception to the moratorium under section 144A.073, and if the cost of any
remodeling of the facility does not exceed $1,000,000. If boarding care beds are licensed
as nursing home beds, the number of boarding care beds in the facility must not increase
beyond the number remaining at the time of the upgrade in licensure. The provisions
contained in section 144A.073 regarding the upgrading of the facilities do not apply to
facilities that satisfy these requirements;
deleted text begin
(f) to license and certify up to 40 beds transferred from an existing facility owned and
operated by the Amherst H. Wilder Foundation in the city of St. Paul to a new unit at the
same location as the existing facility that will serve persons with Alzheimer's disease and
other related disorders. The transfer of beds may occur gradually or in stages, provided the
total number of beds transferred does not exceed 40. At the time of licensure and certification
of a bed or beds in the new unit, the commissioner of health shall delicense and decertify
the same number of beds in the existing facility. As a condition of receiving a license or
certification under this clause, the facility must make a written commitment to the
commissioner of human services that it will not seek to receive an increase in its
property-related payment rate as a result of the transfers allowed under this paragraph;
deleted text end
deleted text begin (g)deleted text end new text begin (f)new text end to license and certify nursing home beds to replace currently licensed and certified
boarding care beds which may be located either in a remodeled or renovated boarding care
or nursing home facility or in a remodeled, renovated, newly constructed, or replacement
nursing home facility within the identifiable complex of health care facilities in which the
currently licensed boarding care beds are presently located, provided that the number of
boarding care beds in the facility or complex are decreased by the number to be licensed as
nursing home beds and further provided that, if the total costs of new construction,
replacement, remodeling, or renovation exceed ten percent of the appraised value of the
facility or $200,000, whichever is less, the facility makes a written commitment to the
commissioner of human services that it will not seek to receive an increase in its
property-related payment rate by reason of the new construction, replacement, remodeling,
or renovation. The provisions contained in section 144A.073 regarding the upgrading of
facilities do not apply to facilities that satisfy these requirements;
deleted text begin (h)deleted text end new text begin (g)new text end to license as a nursing home and certify as a nursing facility a facility that is
licensed as a boarding care facility but not certified under the medical assistance program,
but only if the commissioner of human services certifies to the commissioner of health that
licensing the facility as a nursing home and certifying the facility as a nursing facility will
result in a net annual savings to the state general fund of $200,000 or more;
deleted text begin
(i) to certify, after September 30, 1992, and prior to July 1, 1993, existing nursing home
beds in a facility that was licensed and in operation prior to January 1, 1992;
deleted text end
deleted text begin
(j) to license and certify new nursing home beds to replace beds in a facility acquired
by the Minneapolis Community Development Agency as part of redevelopment activities
in a city of the first class, provided the new facility is located within three miles of the site
of the old facility. Operating and property costs for the new facility must be determined and
allowed under section 256B.431 or 256B.434 or chapter 256R;
deleted text end
deleted text begin
(k) to license and certify up to 20 new nursing home beds in a community-operated
hospital and attached convalescent and nursing care facility with 40 beds on April 21, 1991,
that suspended operation of the hospital in April 1986. The commissioner of human services
shall provide the facility with the same per diem property-related payment rate for each
additional licensed and certified bed as it will receive for its existing 40 beds;
deleted text end
deleted text begin (l)deleted text end new text begin (h)new text end to license or certify beds in renovation, replacement, or upgrading projects as
defined in section 144A.073, subdivision 1, so long as the cumulative total costs of the
facility's remodeling projects do not exceed $1,000,000;
deleted text begin
(m) to license and certify beds that are moved from one location to another for the
purposes of converting up to five four-bed wards to single or double occupancy rooms in
a nursing home that, as of January 1, 1993, was county-owned and had a licensed capacity
of 115 beds;
deleted text end
deleted text begin
(n) to allow a facility that on April 16, 1993, was a 106-bed licensed and certified nursing
facility located in Minneapolis to layaway all of its licensed and certified nursing home
beds. These beds may be relicensed and recertified in a newly constructed teaching nursing
home facility affiliated with a teaching hospital upon approval by the legislature. The
proposal must be developed in consultation with the interagency committee on long-term
care planning. The beds on layaway status shall have the same status as voluntarily delicensed
and decertified beds, except that beds on layaway status remain subject to the surcharge in
section 256.9657. This layaway provision expires July 1, 1998;
deleted text end
deleted text begin
(o) to allow a project which will be completed in conjunction with an approved
moratorium exception project for a nursing home in southern Cass County and which is
directly related to that portion of the facility that must be repaired, renovated, or replaced,
to correct an emergency plumbing problem for which a state correction order has been
issued and which must be corrected by August 31, 1993;
deleted text end
deleted text begin (p)deleted text end new text begin (i)new text end to allow a facility that on April 16, 1993, was a 368-bed licensed and certified
nursing facility located in Minneapolis to layaway, upon 30 days prior written notice to the
commissioner, up to 30 of the facility's licensed and certified beds by converting three-bed
wards to single or double occupancy. Beds on layaway status shall have the same status as
voluntarily delicensed and decertified beds except that beds on layaway status remain subject
to the surcharge in section 256.9657, remain subject to the license application and renewal
fees under section 144A.07 and shall be subject to a $100 per bed reactivation feedeleted text begin . In
addition, at any time within three years of the effective date of the layaway, the beds on
layaway status may be:deleted text end new text begin ;
new text end
deleted text begin
(1) relicensed and recertified upon relocation and reactivation of some or all of the beds
to an existing licensed and certified facility or facilities located in Pine River, Brainerd, or
International Falls; provided that the total project construction costs related to the relocation
of beds from layaway status for any facility receiving relocated beds may not exceed the
dollar threshold provided in subdivision 2 unless the construction project has been approved
through the moratorium exception process under section 144A.073;
deleted text end
deleted text begin
(2) relicensed and recertified, upon reactivation of some or all of the beds within the
facility which placed the beds in layaway status, if the commissioner has determined a need
for the reactivation of the beds on layaway status.
deleted text end
deleted text begin
The property-related payment rate of a facility placing beds on layaway status must be
adjusted by the incremental change in its rental per diem after recalculating the rental per
diem as provided in section 256B.431, subdivision 3a, paragraph (c). The property-related
payment rate for a facility relicensing and recertifying beds from layaway status must be
adjusted by the incremental change in its rental per diem after recalculating its rental per
diem using the number of beds after the relicensing to establish the facility's capacity day
divisor, which shall be effective the first day of the month following the month in which
the relicensing and recertification became effective. Any beds remaining on layaway status
more than three years after the date the layaway status became effective must be removed
from layaway status and immediately delicensed and decertified;
deleted text end
deleted text begin
(q) to license and certify beds in a renovation and remodeling project to convert 12
four-bed wards into 24 two-bed rooms, expand space, and add improvements in a nursing
home that, as of January 1, 1994, met the following conditions: the nursing home was located
in Ramsey County; had a licensed capacity of 154 beds; and had been ranked among the
top 15 applicants by the 1993 moratorium exceptions advisory review panel. The total
project construction cost estimate for this project must not exceed the cost estimate submitted
in connection with the 1993 moratorium exception process;
deleted text end
deleted text begin
(r) to license and certify up to 117 beds that are relocated from a licensed and certified
138-bed nursing facility located in St. Paul to a hospital with 130 licensed hospital beds
located in South St. Paul, provided that the nursing facility and hospital are owned by the
same or a related organization and that prior to the date the relocation is completed the
hospital ceases operation of its inpatient hospital services at that hospital. After relocation,
the nursing facility's status shall be the same as it was prior to relocation. The nursing
facility's property-related payment rate resulting from the project authorized in this paragraph
shall become effective no earlier than April 1, 1996. For purposes of calculating the
incremental change in the facility's rental per diem resulting from this project, the allowable
appraised value of the nursing facility portion of the existing health care facility physical
plant prior to the renovation and relocation may not exceed $2,490,000;
deleted text end
deleted text begin
(s) to license and certify two beds in a facility to replace beds that were voluntarily
delicensed and decertified on June 28, 1991;
deleted text end
deleted text begin (t)deleted text end new text begin (j)new text end to allow 16 licensed and certified beds located on July 1, 1994, in a 142-bed nursing
home and 21-bed boarding care home facility in Minneapolis, notwithstanding the licensure
and certification after July 1, 1995, of the Minneapolis facility as a 147-bed nursing home
facility after completion of a construction project approved in 1993 under section 144A.073,
to be laid away upon 30 days' prior written notice to the commissioner. Beds on layaway
status shall have the same status as voluntarily delicensed or decertified beds except that
they shall remain subject to the surcharge in section 256.9657deleted text begin . The 16 beds on layaway
status may be relicensed as nursing home beds and recertified at any time within five years
of the effective date of the layaway upon relocation of some or all of the beds to a licensed
and certified facility located in Watertown, provided that the total project construction costs
related to the relocation of beds from layaway status for the Watertown facility may not
exceed the dollar threshold provided in subdivision 2 unless the construction project has
been approved through the moratorium exception process under section 144A.073.deleted text end new text begin ;
new text end
deleted text begin
The property-related payment rate of the facility placing beds on layaway status must
be adjusted by the incremental change in its rental per diem after recalculating the rental
per diem as provided in section 256B.431, subdivision 3a, paragraph (c). The property-related
payment rate for the facility relicensing and recertifying beds from layaway status must be
adjusted by the incremental change in its rental per diem after recalculating its rental per
diem using the number of beds after the relicensing to establish the facility's capacity day
divisor, which shall be effective the first day of the month following the month in which
the relicensing and recertification became effective. Any beds remaining on layaway status
more than five years after the date the layaway status became effective must be removed
from layaway status and immediately delicensed and decertified;
deleted text end
deleted text begin
(u) to license and certify beds that are moved within an existing area of a facility or to
a newly constructed addition which is built for the purpose of eliminating three- and four-bed
rooms and adding space for dining, lounge areas, bathing rooms, and ancillary service areas
in a nursing home that, as of January 1, 1995, was located in Fridley and had a licensed
capacity of 129 beds;
deleted text end
deleted text begin
(v) to relocate 36 beds in Crow Wing County and four beds from Hennepin County to
a 160-bed facility in Crow Wing County, provided all the affected beds are under common
ownership;
deleted text end
deleted text begin
(w) to license and certify a total replacement project of up to 49 beds located in Norman
County that are relocated from a nursing home destroyed by flood and whose residents were
relocated to other nursing homes. The operating cost payment rates for the new nursing
facility shall be determined based on the interim and settle-up payment provisions of section
256R.27 and the reimbursement provisions of chapter 256R. Property-related reimbursement
rates shall be determined under section 256R.26, taking into account any federal or state
flood-related loans or grants provided to the facility;
deleted text end
deleted text begin
(x) to license and certify to the licensee of a nursing home in Polk County that was
destroyed by flood in 1997 replacement projects with a total of up to 129 beds, with at least
25 beds to be located in Polk County and up to 104 beds distributed among up to three other
counties. These beds may only be distributed to counties with fewer than the median number
of age intensity adjusted beds per thousand, as most recently published by the commissioner
of human services. If the licensee chooses to distribute beds outside of Polk County under
this paragraph, prior to distributing the beds, the commissioner of health must approve the
location in which the licensee plans to distribute the beds. The commissioner of health shall
consult with the commissioner of human services prior to approving the location of the
proposed beds. The licensee may combine these beds with beds relocated from other nursing
facilities as provided in section 144A.073, subdivision 3c. The operating payment rates for
the new nursing facilities shall be determined based on the interim and settle-up payment
provisions of Minnesota Rules, parts 9549.0010 to 9549.0080. Property-related
reimbursement rates shall be determined under section 256R.26. If the replacement beds
permitted under this paragraph are combined with beds from other nursing facilities, the
rates shall be calculated as the weighted average of rates determined as provided in this
paragraph and section 256R.50;
deleted text end
deleted text begin
(y) to license and certify beds in a renovation and remodeling project to convert 13
three-bed wards into 13 two-bed rooms and 13 single-bed rooms, expand space, and add
improvements in a nursing home that, as of January 1, 1994, met the following conditions:
the nursing home was located in Ramsey County, was not owned by a hospital corporation,
had a licensed capacity of 64 beds, and had been ranked among the top 15 applicants by
the 1993 moratorium exceptions advisory review panel. The total project construction cost
estimate for this project must not exceed the cost estimate submitted in connection with the
1993 moratorium exception process;
deleted text end
deleted text begin
(z) to license and certify up to 150 nursing home beds to replace an existing 285 bed
nursing facility located in St. Paul. The replacement project shall include both the renovation
of existing buildings and the construction of new facilities at the existing site. The reduction
in the licensed capacity of the existing facility shall occur during the construction project
as beds are taken out of service due to the construction process. Prior to the start of the
construction process, the facility shall provide written information to the commissioner of
health describing the process for bed reduction, plans for the relocation of residents, and
the estimated construction schedule. The relocation of residents shall be in accordance with
the provisions of law and rule;
deleted text end
deleted text begin
(aa) to allow the commissioner of human services to license an additional 36 beds to
provide residential services for the physically disabled under Minnesota Rules, parts
9570.2000 to 9570.3400, in a 198-bed nursing home located in Red Wing, provided that
the total number of licensed and certified beds at the facility does not increase;
deleted text end
deleted text begin
(bb) to license and certify a new facility in St. Louis County with 44 beds constructed
to replace an existing facility in St. Louis County with 31 beds, which has resident rooms
on two separate floors and an antiquated elevator that creates safety concerns for residents
and prevents nonambulatory residents from residing on the second floor. The project shall
include the elimination of three- and four-bed rooms;
deleted text end
deleted text begin (cc)deleted text end new text begin (k)new text end to license and certify four beds in a 16-bed certified boarding care home in
Minneapolis to replace beds that were voluntarily delicensed and decertified on or before
March 31, 1992. The licensure and certification is conditional upon the facility periodically
assessing and adjusting its resident mix and other factors which may contribute to a potential
institution for mental disease declaration. The commissioner of human services shall retain
the authority to audit the facility at any time and shall require the facility to comply with
any requirements necessary to prevent an institution for mental disease declaration, including
delicensure and decertification of beds, if necessary;
deleted text begin
(dd) to license and certify 72 beds in an existing facility in Mille Lacs County with 80
beds as part of a renovation project. The renovation must include construction of an addition
to accommodate ten residents with beginning and midstage dementia in a self-contained
living unit; creation of three resident households where dining, activities, and support spaces
are located near resident living quarters; designation of four beds for rehabilitation in a
self-contained area; designation of 30 private rooms; and other improvements;
deleted text end
deleted text begin (ee)deleted text end new text begin (l)new text end to license and certify beds in a facility that has undergone replacement or
remodeling as part of a planned closure under section 256R.40;new text begin or
new text end
deleted text begin
(ff) to license and certify a total replacement project of up to 124 beds located in Wilkin
County that are in need of relocation from a nursing home significantly damaged by flood.
The operating cost payment rates for the new nursing facility shall be determined based on
the interim and settle-up payment provisions of section 256R.27 and the reimbursement
provisions of chapter 256R. Property-related reimbursement rates shall be determined under
section 256R.26, taking into account any federal or state flood-related loans or grants
provided to the facility;
deleted text end
deleted text begin
(gg) to allow the commissioner of human services to license an additional nine beds to
provide residential services for the physically disabled under Minnesota Rules, parts
9570.2000 to 9570.3400, in a 240-bed nursing home located in Duluth, provided that the
total number of licensed and certified beds at the facility does not increase;
deleted text end
deleted text begin
(hh) to license and certify up to 120 new nursing facility beds to replace beds in a facility
in Anoka County, which was licensed for 98 beds as of July 1, 2000, provided the new
facility is located within four miles of the existing facility and is in Anoka County. Operating
and property rates shall be determined and allowed under chapter 256R and Minnesota
Rules, parts 9549.0010 to 9549.0080; or
deleted text end
deleted text begin
(ii) to transfer up to 98 beds of a 129-licensed bed facility located in Anoka County that,
as of March 25, 2001, is in the active process of closing, to a 122-licensed bed nonprofit
nursing facility located in the city of Columbia Heights or its affiliate. The transfer is effective
when the receiving facility notifies the commissioner in writing of the number of beds
accepted. The commissioner shall place all transferred beds on layaway status held in the
name of the receiving facility. The layaway adjustment provisions of section 256B.431,
subdivision 30, do not apply to this layaway. The receiving facility may only remove the
beds from layaway for recertification and relicensure at the receiving facility's current site,
or at a newly constructed facility located in Anoka County. The receiving facility must
receive statutory authorization before removing these beds from layaway status, or may
remove these beds from layaway status if removal from layaway status is part of a
moratorium exception project approved by the commissioner under section 144A.073.
deleted text end
new text begin
(m) to license or certify beds under the provisions previously coded as Minnesota Statutes
2024, section 144A.071, subdivision 4a, paragraphs (f), (i) to (k), (m) to (bb), and (dd) to
(ii).
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 3.
Minnesota Statutes 2024, section 144A.071, subdivision 4d, is amended to read:
Subd. 4d.
Consolidation of nursing facilities.
(a) The commissioner of health, in
consultation with the commissioner of human services, may approve a request for new text begin net savings
from a new text end consolidation of nursing facilities deleted text begin which includesdeleted text end new text begin to be applied to reduce the costs
of a moratorium exception project application under section 144A.073, subdivision 2. For
purposes of this subdivision, "consolidation" meansnew text end the closure of one or more facilities
and the upgrading of the physical plant of the remaining nursing facility or facilitiesdeleted text begin , the
costs of which exceed the threshold project limit under subdivision 2, clause (a). The
commissioners shall consider the criteria in this section, section 144A.073, and section
256R.40, in approving or rejecting a consolidation proposal. In the event the commissioners
approve the request, the commissioner of human services shall calculate an external fixed
costs rate adjustment according to clauses (1) to (3):deleted text end new text begin .
new text end
deleted text begin
(1) the closure of beds shall not be eligible for a planned closure rate adjustment under
section 256R.40, subdivision 5;
deleted text end
deleted text begin
(2) the construction project permitted in this clause shall not be eligible for a threshold
project rate adjustment under section 256B.434, subdivision 4f, or a moratorium exception
adjustment under section 144A.073; and
deleted text end
deleted text begin
(3) the payment rate for external fixed costs for a remaining facility or facilities shall
be increased by an amount equal to 65 percent of the projected net cost savings to the state
calculated in paragraph (b), divided by the state's medical assistance percentage of medical
assistance dollars, and then divided by estimated medical assistance resident days, as
determined in paragraph (c), of the remaining nursing facility or facilities in the request in
this paragraph. The rate adjustment is effective on the first day of the month of January or
July, whichever date occurs first following both the completion of the construction upgrades
in the consolidation plan and the complete closure of the facility or facilities designated for
closure in the consolidation plan. If more than one facility is receiving upgrades in the
consolidation plan, each facility's date of construction completion must be evaluated
separately.
deleted text end
(b) For purposes of calculating the net deleted text begin costdeleted text end savings deleted text begin to the statedeleted text end , the commissioner shall
consider clauses (1) to deleted text begin (7)deleted text end new text begin (6)new text end :
(1) the annual savings from estimated medical assistance payments from the net number
of beds closed taking into consideration only beds that are in active service on the date of
the request and that have been in active service for at least three years;
(2) the estimated annual cost of increased case load of individuals receiving services
under the elderly waiver;
(3) the estimated annual cost of elderly waiver recipients receiving support under housing
support under chapter 256I;
(4) the estimated annual cost of increased case load of individuals receiving services
under the alternative care program;
(5) the annual loss of license surcharge payments on closed beds;new text begin and
new text end
deleted text begin
(6) the savings from not paying planned closure rate adjustments that the facilities would
otherwise be eligible for under section 256R.40; and
deleted text end
deleted text begin (7)deleted text end new text begin (6)new text end the savings from not deleted text begin paying external fixed costs payment rate adjustmentsdeleted text end new text begin
providing a rate adjustmentnew text end from submission of renovation costs that would otherwise be
eligible as threshold projects under section 256B.434, subdivision 4f.
deleted text begin
(c) For purposes of the calculation in paragraph (a), clause (3), the estimated medical
assistance resident days of the remaining facility or facilities shall be computed assuming
95 percent occupancy multiplied by the historical percentage of medical assistance resident
days of the remaining facility or facilities, as reported on the facility's or facilities' most
deleted text end
deleted text begin
recent nursing facility statistical and cost report filed before the plan of closure is submitted,
multiplied by 365.
deleted text end
deleted text begin (d)deleted text end new text begin (c)new text end For purposes of new text begin calculating new text end net deleted text begin cost ofdeleted text end savings deleted text begin to the statedeleted text end in paragraph (b), the
average occupancy percentages will be those deleted text begin reporteddeleted text end on the facility's or facilities' most
recent nursing facility statistical and cost report filed before the plan of closure is submitted,
and the average payment rates shall be calculated based on the approved payment rates in
effect at the time the consolidation request is submitted.
deleted text begin
(e) To qualify for the external fixed costs payment rate adjustment under this subdivision,
the closing facilities shall:
deleted text end
deleted text begin
(1) submit an application for closure according to section 256R.40, subdivision 2; and
deleted text end
deleted text begin
(2) follow the resident relocation provisions of section 144A.161.
deleted text end
deleted text begin (f)deleted text end new text begin (d)new text end The county or counties in which a facility or facilities are closed under this
subdivision shall not be eligible for designation as a hardship area under subdivision 3 for
five years from the date of the approval of the proposed consolidation. The applicant shall
notify the county of this limitation and the county shall acknowledge this in a letter of
support.
deleted text begin (g) Projects approved on or after March 1, 2020, are not subject to paragraph (a), clauses
(2) and (3), and paragraph (c). The 65deleted text end new text begin (e) Sixty-fivenew text end percent new text begin of the new text end projected net deleted text begin costdeleted text end savings
deleted text begin to the statedeleted text end calculated in paragraph (b) must be applied to the moratorium cost of the project
and the remainder must be added to the moratorium funding under section 144A.073,
subdivision 11.
deleted text begin (h)deleted text end new text begin (f)new text end Consolidation project applications not approved by the commissioner prior to
March 1, 2020, are subject to the moratorium process under section 144A.073, subdivision
2. deleted text begin Upon request by the applicant, the commissioner may extend this deadline to August 1,
2020, so long as the facilities, bed numbers, and counties specified in the original application
are not altered. Proposals from facilities seeking approval for a consolidation project prior
to March 1, 2020, must be received by the commissioner no later than January 1, 2020. This
paragraph expires August 1, 2020.
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 4.
Minnesota Statutes 2024, section 144A.1888, is amended to read:
144A.1888 REUSE OF FACILITIES.
Notwithstanding any local ordinance related to development, planning, or zoning to the
contrary, the conversion or reuse of a nursing home that closes or that curtails, reduces, or
changes operations shall be considered a conforming use permitted under local law, provided
that the facility is converted to another long-term care service deleted text begin approved by a regional
planning group under section 256R.40deleted text end that serves a smaller number of persons than the
number of persons served before the closure or curtailment, reduction, or change in
operations.
Sec. 5.
Minnesota Statutes 2024, section 245D.091, subdivision 3, is amended to read:
Subd. 3.
Positive support analyst qualifications.
(a) A positive support analyst providing
positive support services as identified in section 245D.03, subdivision 1, paragraph (c),
clause (1), item (i), must have competencies in one of the following areas as required under
the brain injury, community access for disability inclusion, community alternative care, and
developmental disabilities waiver plans or successor plans:
(1) have obtained a baccalaureate degree, master's degree, or PhD in either a social
services discipline or nursing;
(2) meet the qualifications of a mental health practitioner as defined in section 245.462,
subdivision 17; or
(3) be a board-certified behavior analyst or board-certified assistant behavior analyst by
the Behavior Analyst Certification Board, Incorporated.
(b) In addition, a positive support analyst must:
(1) new text begin either new text end have two years of supervised experience conducting functional behavior
assessments and designing, implementing, and evaluating effectiveness of positive practices
behavior support strategies for people who exhibit challenging behaviors as well as
co-occurring mental disorders and neurocognitive disordernew text begin , or for those who have obtained
a baccalaureate degree in one of the behavioral sciences or related fields, demonstrated
expertise in positive support servicesnew text end ;
(2) have received training prior to hire or within 90 calendar days of hire that includes:
(i) ten hours of instruction in functional assessment and functional analysis;
(ii) 20 hours of instruction in the understanding of the function of behavior;
(iii) ten hours of instruction on design of positive practices behavior support strategies;
(iv) 20 hours of instruction preparing written intervention strategies, designing data
collection protocols, training other staff to implement positive practice strategies,
summarizing and reporting program evaluation data, analyzing program evaluation data to
identify design flaws in behavioral interventions or failures in implementation fidelity, and
recommending enhancements based on evaluation data; and
(v) eight hours of instruction on principles of person-centered thinking;
(3) be determined by a positive support professional to have the training and prerequisite
skills required to provide positive practice strategies as well as behavior reduction approved
and permitted intervention to the person who receives positive support; and
(4) be under the direct supervision of a positive support professional.
(c) Meeting the qualifications for a positive support professional under subdivision 2
shall substitute for meeting the qualifications listed in paragraph (b).
Sec. 6.
Minnesota Statutes 2024, section 245D.10, is amended by adding a subdivision to
read:
new text begin Subd. 1a. new text end
new text begin Prohibited condition of service provision. new text end
new text begin
A license holder is prohibited
from requiring a person to have or obtain a guardian or conservator as a condition of receiving
or continuing to receive services regulated under this chapter.
new text end
Sec. 7.
Minnesota Statutes 2024, section 252.28, subdivision 2, is amended to read:
Subd. 2.
Rules; program standards; licenses.
The commissioner of human services
shall:
(1) Establish uniform rules and program standards for each type of residential and day
facility or service for persons with developmental disabilities, including state hospitals under
control of the executive board and serving persons with developmental disabilities, and
excluding persons with developmental disabilities residing with their families.
(2) Grant licenses according to the provisions of deleted text begin Laws 1976, chapter 243, sections 2 to
13deleted text end new text begin chapter 245Anew text end .
Sec. 8.
Minnesota Statutes 2024, section 252.41, subdivision 3, is amended to read:
Subd. 3.
Day services for adults with disabilities.
(a) "Day services for adults with
disabilities" new text begin or "day services" new text end means services that:
(1) include supervision, training, assistance, support, facility-based work-related activities,
or other community-integrated activities designed and implemented in accordance with the
support plan and support plan addendum required under sections 245D.02, deleted text begin subdivision 4,
paragraphs (b) and (c),deleted text end new text begin subdivisions 4b and 4c,new text end and 256B.092, subdivision 1b, and Minnesota
Rules, part 9525.0004, subpart 12, to help an adult reach and maintain the highest possible
level of independence, productivity, and integration into the community;
(2) include day support services, prevocational services, deleted text begin day training and habilitation
services,deleted text end structured day services, and adult day services as defined in Minnesota's federally
approved disability waiver plans; deleted text begin and
deleted text end
(3) new text begin include day training and habilitation services; and
new text end
new text begin (4) new text end are provided by a vendor licensed under sections 245A.01 to 245A.16, 245D.27 to
245D.31, 252.28, subdivision 2, or 252.41 to 252.46, or Minnesota Rules, parts 9525.1200
to 9525.1330, to provide day services.
(b) Day services reimbursable under this section do not include special education and
related services as defined in the Education of the Individuals with Disabilities Act, United
States Code, title 20, chapter 33, section 1401, clauses (6) and (17), or vocational services
funded under section 110 of the Rehabilitation Act of 1973, United States Code, title 29,
section 720, as amended.
(c) Day services do not include employment exploration, employment development, or
employment support services as defined in the home and community-based services waivers
for people with disabilities authorized under sections 256B.092 and 256B.49.
Sec. 9.
Minnesota Statutes 2024, section 252.42, is amended to read:
252.42 SERVICE PRINCIPLES.
The design and delivery of services eligible for reimbursement should reflect the
following principles:
(1) services must suit a person's chronological age and be provided in the least restrictive
environment possible, consistent with the needs identified in the person's support plan and
support plan addendum required under sectionsnew text begin 245D.02, subdivisions 4b and 4c, andnew text end
256B.092, subdivision 1b, deleted text begin and 245D.02, subdivision 4, paragraphs (b) and (c),deleted text end and Minnesota
Rules, part 9525.0004, subpart 12;
(2) a person with a disability whose individual support plans and support plan addendums
authorize employment or employment-related activities shall be given the opportunity to
participate in employment and employment-related activities in which nondisabled persons
participate;
(3) a person with a disability participating in work shall be paid wages commensurate
with the rate for comparable work and productivity except as regional centers are governed
by section 246.151;
(4) a person with a disability shall receive services which include services offered in
settings used by the general public and designed to increase the person's active participation
in ordinary community activities;
(5) a person with a disability shall participate in the patterns, conditions, and rhythms
of everyday living and working that are consistent with the norms of the mainstream of
society.
Sec. 10.
Minnesota Statutes 2024, section 252.43, is amended to read:
252.43 COMMISSIONER'S DUTIES.
(a) The commissioner shall supervise lead agencies' provision of day services to adults
with disabilities. The commissioner shall:
(1) determine the need for day deleted text begin programsdeleted text end new text begin services, except for adult day services,new text end under
sections 256B.4914 and 252.41 to 252.46new text begin operated in a day services facility licensed under
sections 245D.27 to 245D.31new text end ;
deleted text begin
(2) establish payment rates as provided under section
deleted text end
deleted text begin
;
deleted text end
deleted text begin (3)deleted text end new text begin (2)new text end adopt rules for the administration and provision of day services under sections
245A.01 to 245A.16; 252.28, subdivision 2; or 252.41 to 252.46; or Minnesota Rules, parts
9525.1200 to 9525.1330;
deleted text begin (4)deleted text end new text begin (3)new text end enter into interagency agreements necessary to ensure effective coordination and
provision of day services;
deleted text begin (5)deleted text end new text begin (4)new text end monitor and evaluate the costs and effectiveness of day services; and
deleted text begin (6)deleted text end new text begin (5)new text end provide information and technical help to lead agencies and vendors in their
administration and provision of day services.
(b) A determination of need in paragraph (a), clause (1), shall not be required for a
change in day service provider name or ownership.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 11.
Minnesota Statutes 2024, section 252.44, is amended to read:
252.44 LEAD AGENCY BOARD RESPONSIBILITIES.
When the need for day services in a county or tribe has been determined under section
deleted text begin 252.28deleted text end new text begin 252.43new text end , the board of commissioners for that lead agency shall:
(1) authorize the delivery of new text begin day new text end services according to the support plans and support
plan addendums required as part of the lead agency's provision of case management services
under sections deleted text begin 256B.0913, subdivision 8;deleted text end 256B.092, subdivision 1bdeleted text begin ;deleted text end new text begin , andnew text end 256B.49,
subdivision 15deleted text begin ;deleted text end new text begin ,new text end and deleted text begin 256S.10 anddeleted text end Minnesota Rules, parts 9525.0004 to 9525.0036;
(2) ensure that transportation is provided or arranged by the vendor in the most efficient
and reasonable way possible; and
(3) monitor and evaluate the cost and effectiveness of the services.
Sec. 12.
Minnesota Statutes 2024, section 252.45, is amended to read:
252.45 VENDOR'S DUTIES.
A day service vendor enrolled with the commissioner is responsible for items under
clauses (1), (2), and (3), and extends only to the provision of services that are reimbursable
under state and federal law. A vendor providing day services shall:
(1) provide the amount and type of services authorized in the individual service plan
under the support plan and support plan addendum required under sections 245D.02,
deleted text begin subdivision 4, paragraphs (b) and (c)deleted text end new text begin subdivisions 4b and 4cnew text end , and 256B.092, subdivision
1b, and Minnesota Rules, part 9525.0004, subpart 12;
(2) design the services to achieve the outcomes assigned to the vendor in the support
plan and support plan addendum required under sections 245D.02, deleted text begin subdivision 4, paragraphs
(a) and (b)deleted text end new text begin subdivisions 4b and 4cnew text end , and 256B.092, subdivision 1b, and Minnesota Rules,
part 9525.0004, subpart 12;
(3) provide or arrange for transportation of persons receiving services to and from service
sites;
(4) enter into agreements with community-based intermediate care facilities for persons
with developmental disabilities to ensure compliance with applicable federal regulations;
and
(5) comply with state and federal law.
Sec. 13.
Minnesota Statutes 2024, section 252.46, subdivision 1a, is amended to read:
Subd. 1a.
Day training and habilitation rates.
new text begin (a) new text end The commissioner shall establish deleted text begin a
statewide rate-setting methodologydeleted text end new text begin ratesnew text end for all day training and habilitation services deleted text begin as
provided under section 256B.4914. The rate-setting methodology must abide by the principles
of transparency and equitability across the state. The methodology must involve a uniform
process of structuring rates for each service and must promote quality and participant choicedeleted text end new text begin
and for transportation delivered as a part of day training and habilitation servicesnew text end .
new text begin
(b) The commissioner shall consult with community partners prior to modifying rates
under this subdivision.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2026.
new text end
Sec. 14.
Minnesota Statutes 2024, section 256.01, subdivision 29, is amended to read:
Subd. 29.
State medical review team.
(a) To ensure the timely processing of
determinations of disability by the commissioner's state medical review team under sections
256B.055, subdivisions 7, paragraph (b), and 12, and 256B.057, subdivision 9, the
commissioner shall review all medical evidence and seek information from providers,
applicants, and enrollees to support the determination of disability where necessary. Disability
shall be determined according to the rules of title XVI and title XIX of the Social Security
Act and pertinent rules and policies of the Social Security Administration.
new text begin
(b) Medical assistance providers must grant the state medical review team access to
electronic health records held by the medical assistance providers, when available, to support
efficient and accurate disability determinations.
new text end
new text begin
(c) Medical assistance providers shall accept electronically signed authorizations to
release medical records provided by the state medical review team.
new text end
deleted text begin (b)deleted text end new text begin (d)new text end Prior to a denial or withdrawal of a requested determination of disability due to
insufficient evidence, the commissioner shall (1) ensure that the missing evidence is necessary
and appropriate to a determination of disability, and (2) assist applicants and enrollees to
obtain the evidence, including, but not limited to, medical examinations and electronic
medical records.
deleted text begin (c)deleted text end new text begin (e)new text end Any appeal made under section 256.045, subdivision 3, of a disability
determination made by the state medical review team must be decided according to the
timelines under section 256.0451, subdivision 22, paragraph (a). If a written decision is not
issued within the timelines under section 256.0451, subdivision 22, paragraph (a), the appeal
must be immediately reviewed by the chief human services judge.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 15.
Minnesota Statutes 2024, section 256.9657, subdivision 7a, is amended to read:
Subd. 7a.
Withholding.
If any provider obligated to pay an annual surcharge under this
section is more than two months delinquent in the timely payment of a monthly surcharge
installment payment, the provisions in paragraphs (a) to (f) apply.
(a) The department may withhold some or all of the amount of the delinquent surcharge,
together with any interest and penalties due and owing on those amounts, from any money
the department owes to the provider. The department may, at its discretion, also withhold
future surcharge installment payments from any money the department owes the provider
as those installments become due and owing. The department may continue this withholding
until the department determines there is no longer any need to do so.
(b) The department shall give prior notice of the department's intention to withhold by
mailingnew text begin or emailingnew text end a deleted text begin writtendeleted text end notice to the provider at the address to which remittance
advices are mailednew text begin , placing the notice in the provider's MN-ITS mailbox,new text end or faxing a copy
of the notice to the provider at least ten business days before the date of the first payment
period for which the withholding begins. The notice may be sent by ordinary or certified
mail,new text begin email, MN-ITS mailbox,new text end or facsimile, and shall be deemed received as of the date of
mailing or deleted text begin receiptdeleted text end new text begin issuancenew text end of the facsimilenew text begin , email, MN-ITS mailbox, or distributionnew text end . The
notice shall:
(1) state the amount of the delinquent surcharge;
(2) state the amount of the withholding per payment period;
(3) state the date on which the withholding is to begin;
(4) state whether the department intends to withhold future installments of the provider's
surcharge payments;
(5) inform the provider of their rights to informally object to the proposed withholding
and to appeal the withholding as provided for in this subdivision;
(6) state that the provider may prevent the withholding during the pendency of their
appeal by posting a bond; and
(7) state other contents as the department deems appropriate.
(c) The provider may informally object to the withholding in writing anytime before the
withholding begins. An informal objection shall not stay or delay the commencement of
the withholding. The department may postpone the commencement of the withholding as
deemed appropriate and shall not be required to give another notice at the end of the
postponement and before commencing the withholding. The provider shall have the right
to appeal any withholding from remittances by filing an appeal with Ramsey County District
Court and serving notice of the appeal on the department within 30 days of the date of the
written notice of the withholding. Notice shall be given and the appeal shall be heard no
later than 45 days after the appeal is filed. In a hearing of the appeal, the department's action
shall be sustained if the department proves the amount of the delinquent surcharges or
overpayment the provider owes, plus any accrued interest and penalties, has not been repaid.
The department may continue withholding for delinquent and current surcharge installment
payments during the pendency of an appeal unless the provider posts a bond from a surety
company licensed to do business in Minnesota in favor of the department in an amount
equal to two times the provider's total annual surcharge payment for the fiscal year in which
the appeal is filed with the department.
(d) The department shall refund any amounts due to the provider under any final
administrative or judicial order or decree which fully and finally resolves the appeal together
with interest on those amounts at the rate of three percent per annum simple interest computed
from the date of each withholding, as soon as practical after entry of the order or decree.
(e) The commissioner, or the commissioner's designee, may enter into written settlement
agreements with a provider to resolve disputes and other matters involving unpaid surcharge
installment payments or future surcharge installment payments.
(f) Notwithstanding any law to the contrary, all unpaid surcharges, plus any accrued
interest and penalties, shall be overpayments for purposes of section 256B.0641.
Sec. 16.
Minnesota Statutes 2024, section 256B.092, subdivision 1a, is amended to read:
Subd. 1a.
Case management services.
(a) Each recipient of a home and community-based
waiver shall be provided case management services by qualified vendors as described in
the federally approved waiver application.
(b) Case management service activities provided to or arranged for a person include:
(1) development of the person-centered support plan under subdivision 1b;
(2) informing the individual or the individual's legal guardian or conservator, or parent
if the person is a minor, of service options, including all service options available under the
waiver plan;
(3) consulting with relevant medical experts or service providers;
(4) assisting the person in the identification of potential providers of chosen services,
including:
(i) providers of services provided in a non-disability-specific setting;
(ii) employment service providers;
(iii) providers of services provided in settings that are not controlled by a provider; and
(iv) providers of financial management services;
(5) assisting the person to access services and assisting in appeals under section 256.045;
(6) coordination of services, if coordination is not provided by another service provider;
(7) evaluation and monitoring of the services identified in the support plan, which must
incorporate at least one annual face-to-face visit by the case manager with each person; and
(8) reviewing support plans and providing the lead agency with recommendations for
service authorization based upon the individual's needs identified in the support plan.
(c) Case management service activities that are provided to the person with a
developmental disability shall be provided directly by county agencies or under contract.
If a county agency contracts for case management services, the county agency must provide
each recipient of home and community-based services who is receiving contracted case
management services with the contact information the recipient may use to file a grievance
with the county agency about the quality of the contracted services the recipient is receiving
from a county-contracted case manager. If a county agency provides case management
under contracts with other individuals or agencies and the county agency utilizes a
competitive proposal process for the procurement of contracted case management services,
the competitive proposal process must include evaluation criteria to ensure that the county
maintains a culturally responsive program for case management services adequate to meet
the needs of the population of the county. For the purposes of this section, "culturally
responsive program" means a case management services program that: (1) ensures effective,
equitable, comprehensive, and respectful quality care services that are responsive to
individuals within a specific population's values, beliefs, practices, health literacy, preferred
language, and other communication needs; and (2) is designed to address the unique needs
of individuals who share a common language or racial, ethnic, or social background.
(d) Case management services must be provided by a public or private agency that is
enrolled as a medical assistance provider determined by the commissioner to meet all of
the requirements in the approved federal waiver plans. Case management services must not
be provided to a recipient by a private agency that has a financial interest in the provision
of any other services included in the recipient's support plan. For purposes of this section,
"private agency" means any agency that is not identified as a lead agency under section
256B.0911, subdivision 10.
(e) Case managers are responsible for service provisions listed in paragraphs (a) and
(b). Case managers shall collaborate with consumers, families, legal representatives, and
relevant medical experts and service providers in the development and annual review of the
person-centered support plan and habilitation plan.
(f) For persons who need a positive support transition plan as required in chapter 245D,
the case manager shall participate in the development and ongoing evaluation of the plan
with the expanded support team. At least quarterly, the case manager, in consultation with
the expanded support team, shall evaluate the effectiveness of the plan based on progress
evaluation data submitted by the licensed provider to the case manager. The evaluation must
identify whether the plan has been developed and implemented in a manner to achieve the
following within the required timelines:
(1) phasing out the use of prohibited procedures;
(2) acquisition of skills needed to eliminate the prohibited procedures within the plan's
timeline; and
(3) accomplishment of identified outcomes.
If adequate progress is not being made, the case manager shall consult with the person's
expanded support team to identify needed modifications and whether additional professional
support is required to provide consultation.
(g) The Department of Human Services shall offer ongoing education in case management
to case managers. Case managers shall receive no less than 20 hours of case management
education and disability-related training each year. The education and training must include
person-centered planning, informed choice,new text begin informed decision making,new text end cultural competency,
employment planning, community living planning, self-direction options, and use of
technology supports.new text begin Case managers must annually complete an informed choice curriculum
and pass a competency evaluation, in a form determined by the commissioner, on informed
decision-making standards.new text end By August 1, 2024, all case managers must complete an
employment support training course identified by the commissioner of human services. For
case managers hired after August 1, 2024, this training must be completed within the first
six months of providing case management services. For the purposes of this section,
"person-centered planning" or "person-centered" has the meaning given in section 256B.0911,
subdivision 10. Case managers must document completion of training in a system identified
by the commissioner.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2025.
new text end
Sec. 17.
Minnesota Statutes 2024, section 256B.092, subdivision 11a, is amended to read:
Subd. 11a.
Residential support services criteria.
(a) For the purposes of this subdivision,
"residential support services" means the following residential support services reimbursed
under section 256B.4914: community residential services, customized living services, and
24-hour customized living services.
(b) In order to increase independent living options for people with disabilities and in
accordance with section 256B.4905, subdivisions deleted text begin 3deleted text end deleted text begin and 4deleted text end new text begin 7 and 8new text end , and consistent with
section 245A.03, subdivision 7, the commissioner must establish and implement criteria to
access residential support services. The criteria for accessing residential support services
must prohibit the commissioner from authorizing residential support services unless at least
all of the following conditions are met:
(1) the individual has complex behavioral health or complex medical needs; and
(2) the individual's service planning team has considered all other available residential
service options and determined that those options are inappropriate to meet the individual's
support needs.
(c) Nothing in this subdivision shall be construed as permitting the commissioner to
establish criteria prohibiting the authorization of residential support services for individuals
described in the statewide priorities established in subdivision 12, the transition populations
in subdivision 13, and the licensing moratorium exception criteria under section 245A.03,
subdivision 7, paragraph (a).
(d) Individuals with active service agreements for residential support services on the
date that the criteria for accessing residential support services become effective are exempt
from the requirements of this subdivision, and the exemption from the criteria for accessing
residential support services continues to apply for renewals of those service agreements.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 18.
Minnesota Statutes 2024, section 256B.49, subdivision 13, is amended to read:
Subd. 13.
Case management.
(a) Each recipient of a home and community-based waiver
shall be provided case management services by qualified vendors as described in the federally
approved waiver application. The case management service activities provided must include:
(1) finalizing the person-centered written support plan within the timelines established
by the commissioner and section 256B.0911, subdivision 29;
(2) informing the recipient or the recipient's legal guardian or conservator of service
options, including all service options available under the waiver plans;
(3) assisting the recipient in the identification of potential service providers of chosen
services, including:
(i) available options for case management service and providers;
(ii) providers of services provided in a non-disability-specific setting;
(iii) employment service providers;
(iv) providers of services provided in settings that are not community residential settings;
and
(v) providers of financial management services;
(4) assisting the recipient to access services and assisting with appeals under section
256.045; and
(5) coordinating, evaluating, and monitoring of the services identified in the service
plan.
(b) The case manager may delegate certain aspects of the case management service
activities to another individual provided there is oversight by the case manager. The case
manager may not delegate those aspects which require professional judgment including:
(1) finalizing the person-centered support plan;
(2) ongoing assessment and monitoring of the person's needs and adequacy of the
approved person-centered support plan; and
(3) adjustments to the person-centered support plan.
(c) Case management services must be provided by a public or private agency that is
enrolled as a medical assistance provider determined by the commissioner to meet all of
the requirements in the approved federal waiver plans. If a county agency provides case
management under contracts with other individuals or agencies and the county agency
utilizes a competitive proposal process for the procurement of contracted case management
services, the competitive proposal process must include evaluation criteria to ensure that
the county maintains a culturally responsive program for case management services adequate
to meet the needs of the population of the county. For the purposes of this section, "culturally
responsive program" means a case management services program that: (1) ensures effective,
equitable, comprehensive, and respectful quality care services that are responsive to
individuals within a specific population's values, beliefs, practices, health literacy, preferred
language, and other communication needs; and (2) is designed to address the unique needs
of individuals who share a common language or racial, ethnic, or social background.
(d) Case management services must not be provided to a recipient by a private agency
that has any financial interest in the provision of any other services included in the recipient's
support plan. For purposes of this section, "private agency" means any agency that is not
identified as a lead agency under section 256B.0911, subdivision 10.
(e) For persons who need a positive support transition plan as required in chapter 245D,
the case manager shall participate in the development and ongoing evaluation of the plan
with the expanded support team. At least quarterly, the case manager, in consultation with
the expanded support team, shall evaluate the effectiveness of the plan based on progress
evaluation data submitted by the licensed provider to the case manager. The evaluation must
identify whether the plan has been developed and implemented in a manner to achieve the
following within the required timelines:
(1) phasing out the use of prohibited procedures;
(2) acquisition of skills needed to eliminate the prohibited procedures within the plan's
timeline; and
(3) accomplishment of identified outcomes.
If adequate progress is not being made, the case manager shall consult with the person's
expanded support team to identify needed modifications and whether additional professional
support is required to provide consultation.
(f) The Department of Human Services shall offer ongoing education in case management
to case managers. Case managers shall receive no less than 20 hours of case management
education and disability-related training each year. The education and training must include
person-centered planning, informed choice, new text begin informed decision making, new text end cultural competency,
employment planning, community living planning, self-direction options, and use of
technology supports. new text begin Case managers must annually complete an informed choice curriculum
and pass a competency evaluation, in a form determined by the commissioner, on informed
decision-making standards. new text end By August 1, 2024, all case managers must complete an
employment support training course identified by the commissioner of human services. For
case managers hired after August 1, 2024, this training must be completed within the first
six months of providing case management services. For the purposes of this section,
"person-centered planning" or "person-centered" has the meaning given in section 256B.0911,
subdivision 10. Case managers shall document completion of training in a system identified
by the commissioner.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2025.
new text end
Sec. 19.
Minnesota Statutes 2024, section 256B.49, subdivision 29, is amended to read:
Subd. 29.
Residential support services criteria.
(a) For the purposes of this subdivision,
"residential support services" means the following residential support services reimbursed
under section 256B.4914: community residential services, customized living services, and
24-hour customized living services.
(b) In order to increase independent living options for people with disabilities and in
accordance with section 256B.4905, subdivisions deleted text begin 3 and 4deleted text end new text begin 7 and 8new text end , and consistent with
section 245A.03, subdivision 7, the commissioner must establish and implement criteria to
access residential support services. The criteria for accessing residential support services
must prohibit the commissioner from authorizing residential support services unless at least
all of the following conditions are met:
(1) the individual has complex behavioral health or complex medical needs; and
(2) the individual's service planning team has considered all other available residential
service options and determined that those options are inappropriate to meet the individual's
support needs.
new text begin (c) new text end Nothing in this subdivision shall be construed as permitting the commissioner to
establish criteria prohibiting the authorization of residential support services for individuals
described in the statewide priorities established in subdivision deleted text begin 12deleted text end new text begin 11anew text end , the transition
populations in subdivision deleted text begin 13deleted text end new text begin 24new text end , and the licensing moratorium exception criteria under
section 245A.03, subdivision 7, paragraph (a).
deleted text begin (c)deleted text end new text begin (d)new text end Individuals with active service agreements for residential support services on the
date that the criteria for accessing residential support services become effective are exempt
from the requirements of this subdivision, and the exemption from the criteria for accessing
residential support services continues to apply for renewals of those service agreements.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 20.
Minnesota Statutes 2024, section 256B.4911, subdivision 6, is amended to read:
Subd. 6.
Services provided by parents and spouses.
(a) This subdivision limits medical
assistance payments under the consumer-directed community supports option for personal
assistance services provided by a parent to the parent's minor child or by a participant's
spouse. This subdivision applies to the consumer-directed community supports option
available under all of the following:
(1) alternative care program;
(2) brain injury waiver;
(3) community alternative care waiver;
(4) community access for disability inclusion waiver;
(5) developmental disabilities waiver; and
(6) elderly waiver.
(b) For the purposes of this subdivision, "parent" means a parent, stepparent, or legal
guardian of a minor.
(c) If multiple parents are providing personal assistance services to their minor child or
children, each parent may provide up to 40 hours of personal assistance services in any
seven-day period regardless of the number of children served. The total number of hours
of medical assistance home and community-based services provided by all of the parents
must not exceed 80 hours in a seven-day period regardless of the number of children served.
(d) If only one parent is providing personal assistance services to a minor child or
children, the parent may provide up to 60 hours of medical assistance home and
community-based services in a seven-day period regardless of the number of children served.
(e) new text begin Subject to the hour limits in paragraphs (c) and (d), a parent may provide personal
assistance services to a minor child while traveling temporarily out of state if the minor
child has an assessed activity of daily living dependency requiring supervision, direction,
cueing, or hands-on assistance.
new text end
new text begin (f) new text end If a participant's spouse is providing personal assistance services, the spouse may
provide up to 60 hours of medical assistance home and community-based services in a
seven-day period.
deleted text begin (f)deleted text end new text begin (g)new text end This subdivision must not be construed to permit an increase in the total authorized
consumer-directed community supports budget for an individual.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2025, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Sec. 21.
Minnesota Statutes 2024, section 256B.4914, subdivision 10a, is amended to
read:
Subd. 10a.
Reporting and analysis of cost data.
(a) The commissioner must ensure
that wage values and component values in subdivisions 5 to 9 reflect the cost to provide the
service. As determined by the commissioner, in consultation with deleted text begin stakeholdersdeleted text end new text begin community
partnersnew text end identified in subdivision 17, a provider enrolled to provide services with rates
determined under this section must submit requested cost data to the commissioner to support
research on the cost of providing services that have rates determined by the disability waiver
rates system. Requested cost data may include, but is not limited to:
(1) worker wage costs;
(2) benefits paid;
(3) supervisor wage costs;
(4) executive wage costs;
(5) vacation, sick, and training time paid;
(6) taxes, workers' compensation, and unemployment insurance costs paid;
(7) administrative costs paid;
(8) program costs paid;
(9) transportation costs paid;
(10) vacancy rates; and
(11) other data relating to costs required to provide services requested by the
commissioner.
(b) At least once in any five-year period, a provider must submit cost data for a fiscal
year that ended not more than 18 months prior to the submission date. The commissioner
shall provide each provider a 90-day notice prior to its submission due date. If a provider
fails to submit required reporting data, the commissioner shall provide notice to providers
that have not provided required data 30 days after the required submission date, and a second
notice for providers who have not provided required data 60 days after the required
submission date. The commissioner shall temporarily suspend payments to the provider if
cost data is not received 90 days after the required submission date. Withheld payments
shall be made once data is received by the commissioner.
(c) The commissioner shall conduct a random validation of data submitted under
paragraph (a) to ensure data accuracy. The commissioner shall analyze cost documentation
in paragraph (a) and provide recommendations for adjustments to cost components.
(d) The commissioner shall analyze cost data submitted under paragraph (a). The
commissioner shall release cost data in an aggregate form. Cost data from individual
providers must not be released except as provided for in current law.
(e) new text begin Beginning January 1, 2029, new text end the commissioner shall use data collected in paragraph
(a) to determine the compliance with requirements identified under subdivision 10d. The
commissioner shall identify providers who have not met the thresholds identified under
subdivision 10d on the Department of Human Services website for the year for which the
providers reported their costs.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective retroactively from January 1, 2025.
new text end
Sec. 22.
Minnesota Statutes 2024, section 256B.4914, subdivision 10d, is amended to
read:
Subd. 10d.
Direct care staff; compensation.
(a) A provider paid with rates determined
under subdivision 6 must use a minimum of 66 percent of the revenue generated by rates
determined under that subdivision for direct care staff compensation.
(b) A provider paid with rates determined under subdivision 7 must use a minimum of
45 percent of the revenue generated by rates determined under that subdivision for direct
care staff compensation.
(c) A provider paid with rates determined under subdivision 8 or 9 must use a minimum
of 60 percent of the revenue generated by rates determined under those subdivisions for
direct care staff compensation.
(d) Compensation under this subdivision includes:
(1) wages;
(2) taxes and workers' compensation;
(3) health insurance;
(4) dental insurance;
(5) vision insurance;
(6) life insurance;
(7) short-term disability insurance;
(8) long-term disability insurance;
(9) retirement spending;
(10) tuition reimbursement;
(11) wellness programs;
(12) paid vacation time;
(13) paid sick time; or
(14) other items of monetary value provided to direct care staff.
new text begin
(e) This subdivision does not apply to a provider licensed as an assisted living facility
by the commissioner of health under chapter 144G.
new text end
new text begin
(f) This subdivision is effective January 1, 2029, and applies to services provided on or
after that date.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective retroactively from January 1, 2025.
new text end
Sec. 23.
Minnesota Statutes 2024, section 256B.4914, subdivision 17, is amended to read:
Subd. 17.
deleted text begin Stakeholderdeleted text end new text begin Communitynew text end consultation and deleted text begin countydeleted text end training.
(a) The
commissioner shall continue consultation at regular intervals with the deleted text begin existing stakeholder
groupdeleted text end new text begin DWRS advisory committeenew text end established as part of the rate-setting methodology process
and deleted text begin othersdeleted text end new text begin other community partnersnew text end , to gather input, concerns, and data, to assist in the
implementation of the rate payment system, and to make pertinent information available to
the public through the department's website.
(b) The commissioner shall offer training at least annually for county personnel
responsible for administering the rate-setting framework in a manner consistent with this
section.
(c) The commissioner shall maintain an online instruction manual explaining the
rate-setting framework. The manual deleted text begin shalldeleted text end new text begin mustnew text end be consistent with this section, and deleted text begin shalldeleted text end
new text begin mustnew text end be accessible to deleted text begin all stakeholders includingdeleted text end recipients, representatives of recipients,
county or Tribal agencies, and license holders.
(d) The commissioner shall not defer to the county or Tribal agency on matters of
technical application of the rate-setting framework, and a county or Tribal agency deleted text begin shalldeleted text end
new text begin mustnew text end not set rates in a manner that conflicts with this section.
new text begin
(e) The commissioner must consult with the DWRS advisory committee and other
community partners as required under this subdivision to periodically review, update, and
revise the format by which initiators of rate exception requests and lead agencies collect
and submit information about individuals with exceptional needs under subdivision 14.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 24.
Minnesota Statutes 2024, section 256R.02, subdivision 18, is amended to read:
Subd. 18.
Employer health insurance costs.
"Employer health insurance costs" means:
(1) premium expenses for group coverage;
(2) actual expenses incurred for self-insured plans, including actual claims paid, stop-loss
premiums, and plan fees. Actual expenses incurred for self-insured plans does not include
allowances for future funding unless the plan meets the deleted text begin Medicaredeleted text end new text begin provider reimbursement
manualnew text end requirements for reporting on a premium basis when the deleted text begin Medicaredeleted text end new text begin provider
reimbursement manualnew text end regulations define the actual costs; and
(3) employer contributions to employer-sponsored individual coverage health
reimbursement arrangements as provided by Code of Federal Regulations, title 45, section
146.123, employee health reimbursement accounts, and health savings accounts.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 25.
Minnesota Statutes 2024, section 256R.02, subdivision 19, is amended to read:
Subd. 19.
External fixed costs.
"External fixed costs" means deleted text begin costs related to the nursing
home surcharge under section deleted text end deleted text begin 256.9657, subdivision 1deleted text end deleted text begin ; licensure fees under section deleted text end deleted text begin ;
family advisory council fee under section deleted text end deleted text begin ; scholarships under section deleted text end deleted text begin ;
planned closure rate adjustments under section 256R.40; consolidation rate adjustments
under section deleted text end deleted text begin 144A.071, subdivisions 4cdeleted text end deleted text begin , paragraph (a), clauses (5) and (6), and 4d;
single-bed room incentives under section 256R.41; property taxes, special assessments, and
payments in lieu of taxes; employer health insurance costs; quality improvement incentive
payment rate adjustments under section deleted text end deleted text begin ; performance-based incentive payments
under section deleted text end deleted text begin ; special dietary needs under section deleted text end deleted text begin ; Public Employees
Retirement Association employer costs; and border city rate adjustments under section
256R.481deleted text end new text begin the items described in section 256R.25new text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2026.
new text end
Sec. 26.
Minnesota Statutes 2024, section 256R.02, subdivision 22, is amended to read:
Subd. 22.
Fringe benefit costs.
"Fringe benefit costs" means the costs for group lifedeleted text begin ,deleted text end new text begin ;new text end
dentaldeleted text begin ,deleted text end new text begin ;new text end workers' compensationdeleted text begin ,deleted text end new text begin ;new text end short- and long-term disabilitydeleted text begin ,deleted text end new text begin ;new text end long-term care insurancedeleted text begin ,deleted text end new text begin ;new text end
accident insurancedeleted text begin ,deleted text end new text begin ;new text end supplemental insurancedeleted text begin ,deleted text end new text begin ;new text end legal assistance insurancedeleted text begin ,deleted text end new text begin ;new text end profit sharingdeleted text begin ,deleted text end new text begin ;new text end
child care costsdeleted text begin ,deleted text end new text begin ;new text end health insurance costs not covered under subdivision 18, including costs
associated with new text begin eligible new text end part-time employee family members or retireesdeleted text begin ,deleted text end new text begin ;new text end and pension and
retirement plan contributions, except for the Public Employees Retirement Association
costs.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 27.
Minnesota Statutes 2024, section 256R.25, is amended to read:
256R.25 EXTERNAL FIXED COSTS PAYMENT RATE.
(a) The payment rate for external fixed costs is the sum of the amounts in paragraphs
(b) to (p).
(b) For a facility licensed as a nursing home, the portion related to the provider surcharge
under section 256.9657 is equal to $8.86 per resident day. For a facility licensed as both a
nursing home and a boarding care home, the portion related to the provider surcharge under
section 256.9657 is equal to $8.86 per resident day multiplied by the result of its number
of nursing home beds divided by its total number of licensed beds.
(c) The portion related to the licensure fee under section 144.122, paragraph (d), is the
amount of the fee divided by the sum of the facility's resident days.
(d) The portion related to development and education of resident and family advisory
councils under section 144A.33 is $5 per resident day divided by 365.
(e) The portion related to scholarships is determined under section 256R.37.
(f) The portion related to planned closure rate adjustments is as determined under section
256R.40, subdivision 5, and Minnesota Statutes 2010, section 256B.436.
(g) The portion related to consolidation rate adjustments shall be as determined under
section deleted text begin 144A.071, subdivisions 4c, paragraph (a), clauses (5) and (6), and 4ddeleted text end new text begin 256R.405new text end .
(h) The portion related to single-bed room incentives is as determined under section
256R.41.
(i) The portions related to real estate taxes, special assessments, and payments made in
lieu of real estate taxes directly identified or allocated to the nursing facility are the allowable
amounts divided by the sum of the facility's resident days. Allowable costs under this
paragraph for payments made by a nonprofit nursing facility that are in lieu of real estate
taxes shall not exceed the amount which the nursing facility would have paid to a city or
township and county for fire, police, sanitation services, and road maintenance costs had
real estate taxes been levied on that property for those purposes.
(j) The portion related to employer health insurance costs is the allowable costs divided
by the sum of the facility's resident days.
(k) The portion related to the Public Employees Retirement Association is the allowable
costs divided by the sum of the facility's resident days.
(l) The portion related to quality improvement incentive payment rate adjustments is
the amount determined under section 256R.39.
(m) The portion related to performance-based incentive payments is the amount
determined under section 256R.38.
(n) The portion related to special dietary needs is the amount determined under section
256R.51.
(o) The portion related to the rate adjustments for border city facilities is the amount
determined under section 256R.481.
(p) The portion related to the rate adjustment for critical access nursing facilities is the
amount determined under section 256R.47.
Sec. 28.
Minnesota Statutes 2024, section 256R.38, is amended to read:
256R.38 PERFORMANCE-BASED INCENTIVE PAYMENTS.
The commissioner shall develop additional incentive-based payments of up to five
percent above a facility's operating payment rate for achieving outcomes specified in a
contract. The commissioner may solicit proposals and select those which, on a competitive
basis, best meet the state's policy objectives. The commissioner shall limit the amount of
any incentive payment and the number of contract amendments under this section to operate
the incentive payments within funds appropriated for this purpose. The commissioner shall
approve proposals through a memorandum of understanding which shall specify various
levels of payment for various levels of performance. Incentive payments to facilities under
this section shall be in the form of time-limited rate adjustments which shall be included in
the external fixednew text begin costsnew text end payment rate under section 256R.25. In establishing the specified
outcomes and related criteria, the commissioner shall consider the following state policy
objectives:
(1) successful diversion or discharge of residents to the residents' prior home or other
community-based alternatives;
(2) adoption of new technology to improve quality or efficiency;
(3) improved quality as measured in the Minnesota Nursing Home Report Card;
(4) reduced acute care costs; and
(5) any additional outcomes proposed by a nursing facility that the commissioner finds
desirable.
Sec. 29.
Minnesota Statutes 2024, section 256R.40, subdivision 5, is amended to read:
Subd. 5.
Planned closure rate adjustment.
(a) The commissioner shall calculate the
amount of the planned closure rate adjustment available under subdivision 6 according to
clauses (1) to (4):
(1) the amount available is the net reduction of nursing facility beds multiplied by $2,080;
(2) the total number of beds in the nursing facility or facilities receiving the planned
closure rate adjustment must be identified;
(3) capacity days are determined by multiplying the number determined under clause
(2) by 365; and
(4) the planned closure rate adjustment is the amount available in clause (1), divided by
capacity days determined under clause (3).
(b) A planned closure rate adjustment under this section is effective on the first day of
the month of January or July, whichever occurs immediately following completion of closure
of the facility designated for closure in the application and becomes part of the nursing
facility's external fixednew text begin costsnew text end payment rate.
(c) Upon the request of a closing facility, the commissioner must allow the facility a
closure rate adjustment as provided under section 144A.161, subdivision 10.
(d) A facility that has received a planned closure rate adjustment may reassign it to
another facility that is under the same ownership at any time within three years of its effective
date. The amount of the adjustment is computed according to paragraph (a).
(e) If the per bed dollar amount specified in paragraph (a), clause (1), is increased, the
commissioner shall recalculate planned closure rate adjustments for facilities that delicense
beds under this section on or after July 1, 2001, to reflect the increase in the per bed dollar
amount. The recalculated planned closure rate adjustment is effective from the date the per
bed dollar amount is increased.
Sec. 30.
new text begin
[256R.405] CONSOLIDATION RATES.
new text end
new text begin Subdivision 1. new text end
new text begin Consolidation rates; generally. new text end
new text begin
The external fixed costs payment rate
for nursing facilities that have completed a state-approved consolidation project must include
a consolidation rate adjustment. A facility's consolidation rate adjustment expires upon
transition to a fair rental value property payment rate under section 256R.26, subdivision
9. The commissioner must inform the revisor of statutes when a facility's consolidation rate
adjustment specified under this section expires. This subdivision expires upon the expiration
of all other subdivisions of this section.
new text end
new text begin Subd. 2. new text end
new text begin Owatonna. new text end
new text begin
The consolidation rate for the nursing facility located at 2255 30th
Street Northwest in Owatonna is $33.88.
new text end
new text begin Subd. 3. new text end
new text begin Red Wing. new text end
new text begin
The consolidation rate for the nursing facility located at 213 Pioneer
Road in Red Wing is $73.69.
new text end
new text begin Subd. 4. new text end
new text begin White Bear Lake. new text end
new text begin
The consolidation rate for the nursing facility located at
1891 Florence Street in White Bear Lake is $25.56.
new text end
new text begin Subd. 5. new text end
new text begin St. Paul. new text end
new text begin
The consolidation rate for the nursing facility located at 200 Earl
Street in St. Paul is $68.01.
new text end
new text begin Subd. 6. new text end
new text begin Cambridge. new text end
new text begin
The consolidation rate for the nursing facility located at 135 Fern
Street North in Cambridge is $24.30.
new text end
new text begin Subd. 7. new text end
new text begin Maple Plain. new text end
new text begin
The consolidation rate for the nursing facility located at 4848
Gateway Boulevard in Maple Plain is $38.76.
new text end
new text begin Subd. 8. new text end
new text begin Maplewood. new text end
new text begin
The consolidation rate for the nursing facility located at 1438
County Road C East in Maplewood is $55.63.
new text end
new text begin Subd. 9. new text end
new text begin Apple Valley. new text end
new text begin
The consolidation rate for the nursing facility located at 14650
Garrett Avenue in Apple Valley is $26.99.
new text end
Sec. 31. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2024, section 144A.071, subdivision 4c,
new text end
new text begin
is repealed.
new text end
ARTICLE 2
DEPARTMENT OF HEALTH POLICY
Section 1.
Minnesota Statutes 2024, section 144.0724, subdivision 3a, is amended to read:
Subd. 3a.
Resident case mix reimbursement classifications.
(a) Resident case mix
reimbursement classifications shall be based on the Minimum Data Set, version 3.0
assessment instrument, or its successor version mandated by the Centers for Medicare and
Medicaid Services that nursing facilities are required to complete for all residents. Case
mix reimbursement classifications shall also be based on assessments required under
subdivision 4. Assessments must be completed according to the Long Term Care Facility
Resident Assessment Instrument User's Manual Version 3.0 or a successor manual issued
by the Centers for Medicare and Medicaid Services. deleted text begin The optional state assessment must be
completed according to the OSA Manual Version 1.0 v.2.
deleted text end
(b) Each resident must be classified based on the information from the Minimum Data
Set according to the general categories issued by the Minnesota Department of Health,
utilized for reimbursement purposes.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective October 1, 2025, and applies to
assessments conducted on or after that date.
new text end
Sec. 2.
Minnesota Statutes 2024, section 144.0724, subdivision 4, is amended to read:
Subd. 4.
Resident assessment schedule.
(a) A facility must conduct and electronically
submit to the federal database MDS assessments that conform with the assessment schedule
defined by the Long Term Care Facility Resident Assessment Instrument User's Manual,
version 3.0, or its successor issued by the Centers for Medicare and Medicaid Services. The
commissioner of health may substitute successor manuals or question and answer documents
published by the United States Department of Health and Human Services, Centers for
Medicare and Medicaid Services, to replace or supplement the current version of the manual
or document.
(b) The assessments required deleted text begin under the Omnibus Budget Reconciliation Act of 1987
(OBRA) useddeleted text end to determine a case mix reimbursement classification include:
(1) a new admission comprehensive assessment, which must have an assessment reference
date (ARD) within 14 calendar days after admission, excluding readmissions;
(2) an annual comprehensive assessment, which must have an ARD within 92 days of
a previous quarterly review assessment or a previous comprehensive assessment, which
must occur at least once every 366 days;
(3) a significant change in status comprehensive assessment, which must have an ARD
within 14 days after the facility determines, or should have determined, that there has been
a significant change in the resident's physical or mental condition, whether an improvement
or a decline, and regardless of the amount of time since the last comprehensive assessment
or quarterly review assessment;
(4) new text begin a significant change in status comprehensive assessment when isolation for an
infectious disease has ended. If isolation was not coded on the most recent assessment
completed prior to isolation ending, then the significant change in status comprehensive
assessment under this clause is not required. The ARD for assessments under this clause
must be set on day 15 after isolation has ended;
new text end
new text begin (5) new text end a quarterly review assessment must have an ARD within 92 days of the ARD of the
previous quarterly review assessment or a previous comprehensive assessment;
deleted text begin (5)deleted text end new text begin (6)new text end any significant correction to a prior comprehensive assessment, if the assessment
being corrected is the current one being used for reimbursement classification;
deleted text begin (6)deleted text end new text begin (7)new text end any significant correction to a prior quarterly review assessment, if the assessment
being corrected is the current one being used for reimbursement classification; and
deleted text begin (7)deleted text end new text begin (8)new text end any modifications to the most recent assessments under clauses (1) to deleted text begin (6)deleted text end new text begin (7)new text end .
deleted text begin
(c) The optional state assessment must accompany all OBRA assessments. The optional
state assessment is also required to determine reimbursement when:
deleted text end
deleted text begin
(1) all speech, occupational, and physical therapies have ended. If the most recent optional
state assessment completed does not result in a rehabilitation case mix reimbursement
classification, then the optional state assessment is not required. The ARD of this assessment
must be set on day eight after all therapy services have ended; and
deleted text end
deleted text begin
(2) isolation for an infectious disease has ended. If isolation was not coded on the most
recent optional state assessment completed, then the optional state assessment is not required.
The ARD of this assessment must be set on day 15 after isolation has ended.
deleted text end
deleted text begin (d)deleted text end new text begin (c)new text end In addition to the assessments listed in deleted text begin paragraphsdeleted text end new text begin paragraphnew text end (b) deleted text begin and (c)deleted text end , the
assessments used to determine nursing facility level of care include the following:
(1) preadmission screening completed under section 256.975, subdivisions 7a to 7c, by
the Senior LinkAge Line or other organization under contract with the Minnesota Board on
Aging; and
(2) a nursing facility level of care determination as provided for under section 256B.0911,
subdivision 26, as part of a face-to-face long-term care consultation assessment completed
under section 256B.0911, by a county, tribe, or managed care organization under contract
with the Department of Human Services.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective October 1, 2025, and applies to
assessments conducted on or after that date.
new text end
Sec. 3.
Minnesota Statutes 2024, section 144.0724, subdivision 8, is amended to read:
Subd. 8.
Request for reconsideration of resident classifications.
(a) The resident, the
resident's representative, the nursing facility, or the boarding care home may request that
the commissioner of health reconsider the assigned case mix reimbursement classification
and any item or items changed during the audit process. The request for reconsideration
must be submitted in writing to the commissioner of health.
(b) For reconsideration requests initiated by the resident or the resident's representative:
(1) The resident or the resident's representative must submit in writing a reconsideration
request to the facility administrator within 30 days of receipt of the resident classification
notice. The written request must include the reasons for the reconsideration request.
(2) Within three business days of receiving the reconsideration request, the nursing
facility must submit to the commissioner of health a completed reconsideration request
form, a copy of the resident's or resident's representative's written request, and all supporting
documentation used to complete the assessment being reconsidered. If the facility fails to
provide the required information, the reconsideration will be completed with the information
submitted and the facility cannot make further reconsideration requests on this classification.
(3) Upon written request and within three business days, the nursing facility must give
the resident or the resident's representative a copy of the assessment being reconsidered and
all supporting documentation used to complete the assessment. Notwithstanding any law
to the contrary, the facility may not charge a fee for providing copies of the requested
documentation. If a facility fails to provide the required documents within this time, it is
subject to the issuance of a correction order and penalty assessment under sections 144.653
and 144A.10. Notwithstanding those sections, any correction order issued under this
subdivision must require that the nursing facility immediately comply with the request for
information, and as of the date of the issuance of the correction order, the facility shall
forfeit to the state a $100 fine for the first day of noncompliance, and an increase in the
$100 fine by $50 increments for each day the noncompliance continues.
(c) For reconsideration requests initiated by the facility:
(1) The facility is required to inform the resident or the resident's representative in writing
that a reconsideration of the resident's case mix reimbursement classification is being
requested. The notice must inform the resident or the resident's representative:
(i) of the date and reason for the reconsideration request;
(ii) of the potential for a case mix reimbursement classification change and subsequent
rate change;
(iii) of the extent of the potential rate change;
(iv) that copies of the request and supporting documentation are available for review;
and
(v) that the resident or the resident's representative has the right to request a
reconsideration also.
(2) Within 30 days of receipt of the audit exit report or resident classification notice, the
facility must submit to the commissioner of health a completed reconsideration request
form, all supporting documentation used to complete the assessment being reconsidered,
and a copy of the notice informing the resident or the resident's representative that a
reconsideration of the resident's classification is being requested.
(3) If the facility fails to provide the required information, the reconsideration request
may be denied and the facility may not make further reconsideration requests on this
classification.
(d) Reconsideration by the commissioner must be made by individuals not involved in
reviewing the assessment, audit, or reconsideration that established the disputed classification.
The reconsideration must be based upon the assessment that determined the classification
and upon the information provided to the commissioner of health under paragraphs (a) to
(c). If necessary for evaluating the reconsideration request, the commissioner may conduct
on-site reviews. Within 15 business days of receiving the request for reconsideration, the
commissioner shall affirm or modify the original resident classification. The original
classification must be modified if the commissioner determines that the assessment resulting
in the classification did not accurately reflect characteristics of the resident at the time of
the assessment. The commissioner must transmit the reconsideration classification notice
by electronic means to the nursing facility. The nursing facility is responsible for the
distribution of the notice to the resident or the resident's representative. The notice must be
distributed by the nursing facility within three business days after receipt. A decision by
the commissioner under this subdivision is the final administrative decision of the agency
for the party requesting reconsideration.
(e) The case mix reimbursement classification established by the commissioner shall be
the classification which applies to the resident while the request for reconsideration is
pending. If a request for reconsideration applies to an assessment used to determine nursing
facility level of care under subdivision 4, paragraph deleted text begin (d)deleted text end new text begin (c)new text end , the resident shall continue to
be eligible for nursing facility level of care while the request for reconsideration is pending.
(f) The commissioner may request additional documentation regarding a reconsideration
necessary to make an accurate reconsideration determination.
(g) Data collected as part of the reconsideration process under this section is classified
as private data on individuals and nonpublic data pursuant to section 13.02. Notwithstanding
the classification of these data as private or nonpublic, the commissioner is authorized to
share these data with the U.S. Centers for Medicare and Medicaid Services and the
commissioner of human services as necessary for reimbursement purposes.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective October 1, 2025, and applies to
assessments conducted on or after that date.
new text end
Sec. 4.
Minnesota Statutes 2024, section 144.0724, subdivision 9, is amended to read:
Subd. 9.
Audit authority.
(a) The commissioner shall audit the accuracy of resident
assessments performed under section 256R.17 through any of the following: desk audits;
on-site review of residents and their records; and interviews with staff, residents, or residents'
families. The commissioner shall reclassify a resident if the commissioner determines that
the resident was incorrectly classified.
(b) The commissioner is authorized to conduct on-site audits on an unannounced basis.
(c) A facility must grant the commissioner access to examine the medical records relating
to the resident assessments selected for audit under this subdivision. The commissioner may
also observe and speak to facility staff and residents.
(d) The commissioner shall consider documentation under the time frames for coding
items on the minimum data set as set out in the Long-Term Care Facility Resident Assessment
Instrument User's Manual deleted text begin or OSA Manual version 1.0 v.2 published by the Centers for
Medicare and Medicaid Servicesdeleted text end .
(e) The commissioner shall develop an audit selection procedure that includes the
following factors:
(1) Each facility shall be audited annually. If a facility has two successive audits in which
the percentage of change is five percent or less and the facility has not been the subject of
a special audit in the past 36 months, the facility may be audited biannually. A stratified
sample of 15 percent, with a minimum of ten assessments, of the most current assessments
shall be selected for audit. If more than 20 percent of the case mix reimbursement
classifications are changed as a result of the audit, the audit shall be expanded to a second
15 percent sample, with a minimum of ten assessments. If the total change between the first
and second samples is 35 percent or greater, the commissioner may expand the audit to all
of the remaining assessments.
(2) If a facility qualifies for an expanded audit, the commissioner may audit the facility
again within six months. If a facility has two expanded audits within a 24-month period,
that facility will be audited at least every six months for the next 18 months.
(3) The commissioner may conduct special audits if the commissioner determines that
circumstances exist that could alter or affect the validity of case mix reimbursement
classifications of residents. These circumstances include, but are not limited to, the following:
(i) frequent changes in the administration or management of the facility;
(ii) an unusually high percentage of residents in a specific case mix reimbursement
classification;
(iii) a high frequency in the number of reconsideration requests received from a facility;
(iv) frequent adjustments of case mix reimbursement classifications as the result of
reconsiderations or audits;
(v) a criminal indictment alleging provider fraud;
(vi) other similar factors that relate to a facility's ability to conduct accurate assessments;
(vii) an atypical pattern of scoring minimum data set items;
(viii) nonsubmission of assessments;
(ix) late submission of assessments; or
(x) a previous history of audit changes of 35 percent or greater.
(f) If the audit results in a case mix reimbursement classification change, the
commissioner must transmit the audit classification notice by electronic means to the nursing
facility within 15 business days of completing an audit. The nursing facility is responsible
for distribution of the notice to each resident or the resident's representative. This notice
must be distributed by the nursing facility within three business days after receipt. The
notice must inform the resident of the case mix reimbursement classification assigned, the
opportunity to review the documentation supporting the classification, the opportunity to
obtain clarification from the commissioner, the opportunity to request a reconsideration of
the classification, and the address and telephone number of the Office of Ombudsman for
Long-Term Care.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective October 1, 2025, and applies to
assessments conducted on or after that date.
new text end
Sec. 5.
Minnesota Statutes 2024, section 144.0724, subdivision 11, is amended to read:
Subd. 11.
Nursing facility level of care.
(a) For purposes of medical assistance payment
of long-term care services, a recipient must be determined, using assessments defined in
subdivision 4, to meet one of the following nursing facility level of care criteria:
(1) the person requires formal clinical monitoring at least once per day;
(2) the person needs the assistance of another person or constant supervision to begin
and complete at least four of the following activities of living: bathing, bed mobility, dressing,
eating, grooming, toileting, transferring, and walking;
(3) the person needs the assistance of another person or constant supervision to begin
and complete toileting, transferring, or positioning and the assistance cannot be scheduled;
(4) the person has significant difficulty with memory, using information, daily decision
making, or behavioral needs that require intervention;
(5) the person has had a qualifying nursing facility stay of at least 90 days;
(6) the person meets the nursing facility level of care criteria determined 90 days after
admission or on the first quarterly assessment after admission, whichever is later; or
(7) the person is determined to be at risk for nursing facility admission or readmission
through a face-to-face long-term care consultation assessment as specified in section
256B.0911, subdivision 17 to 21, 23, 24, 27, or 28, by a county, tribe, or managed care
organization under contract with the Department of Human Services. The person is
considered at risk under this clause if the person currently lives alone or will live alone or
be homeless without the person's current housing and also meets one of the following criteria:
(i) the person has experienced a fall resulting in a fracture;
(ii) the person has been determined to be at risk of maltreatment or neglect, including
self-neglect; or
(iii) the person has a sensory impairment that substantially impacts functional ability
and maintenance of a community residence.
(b) The assessment used to establish medical assistance payment for nursing facility
services must be the most recent assessment performed under subdivision 4, deleted text begin paragraphsdeleted text end new text begin
paragraphnew text end (b) deleted text begin and (c)deleted text end , that occurred no more than 90 calendar days before the effective date
of medical assistance eligibility for payment of long-term care services. In no case shall
medical assistance payment for long-term care services occur prior to the date of the
determination of nursing facility level of care.
(c) The assessment used to establish medical assistance payment for long-term care
services provided under chapter 256S and section 256B.49 and alternative care payment
for services provided under section 256B.0913 must be the most recent face-to-face
assessment performed under section 256B.0911, subdivisions 17 to 21, 23, 24, 27, or 28,
that occurred no more than 60 calendar days before the effective date of medical assistance
eligibility for payment of long-term care services.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective October 1, 2025, and applies to
assessments conducted on or after that date.
new text end
Sec. 6.
Minnesota Statutes 2024, section 144.651, subdivision 10a, is amended to read:
Subd. 10a.
Designated support person deleted text begin for pregnant patient or other patientdeleted text end .
(a)
Subject to paragraph (c), a health care provider and a health care facility must allow, at a
minimum, one designated support person chosen by a patient, including but not limited to
a pregnant patient, to be physically present while the patient is receiving health care services
including during a hospital stay.new text begin Subject to paragraph (c), a facility must allow, at a minimum,
one designated support person chosen by the resident to be physically present with the
resident at times of the resident's choosing while the resident resides at the facility.
new text end
(b) For purposes of this subdivision, "designated support person" means any person
chosen by the patient new text begin or resident new text end to provide comfort to the patient new text begin or resident, new text end including but
not limited to the patient's new text begin or resident's new text end spouse, partner, family member, or another person
related by affinity. Certified doulas and traditional midwives may not be counted toward
the limit of one designated support person.
(c) A facility may restrict or prohibit the presence of a designated support person in
treatment rooms, procedure rooms, and operating rooms when such a restriction or prohibition
is strictly necessary to meet the appropriate standard of care. A facility may also restrict or
prohibit the presence of a designated support person if the designated support person is
acting in a violent or threatening manner toward others. new text begin A facility may restrict the presence
of a resident's designated support person to the extent necessary to ensure a designated
support person who is not a facility resident is not living at the facility on a short-term or
long-term basis. new text end Any restriction or prohibition of a designated support person by the facility
is subject to the facility's written internal grievance procedure required by subdivision 20.
new text begin
(d) This subdivision does not apply to a patient or resident at a state-operated treatment
program as defined in section 253B.02, subdivision 18d.
new text end
Sec. 7.
Minnesota Statutes 2024, section 144A.61, is amended by adding a subdivision to
read:
new text begin Subd. 3b. new text end
new text begin Commissioner approval of curricula for medication administration. new text end
new text begin
The
commissioner of health must review and approve curricula that meet the requirements in
Minnesota Rules, part 4658.1360, subpart 2, item B, to train unlicensed personnel in
medication administration. Significant updates or amendments, including but not limited
to changes to the standards of practice to the curricula, must be approved by the
commissioner.
new text end
Sec. 8.
Minnesota Statutes 2024, section 144A.61, is amended by adding a subdivision to
read:
new text begin Subd. 3c. new text end
new text begin Approved curricula. new text end
new text begin
The commissioner must maintain a current list of
acceptable medication administration curricula to be used for medication aide training
programs for employees of nursing homes and certified boarding care homes on the
department's website that are based on current best practice standards and meet the
requirements of Minnesota Rules, part 4658.1360, subpart 2, item B.
new text end
Sec. 9.
Minnesota Statutes 2024, section 144A.70, subdivision 3, is amended to read:
Subd. 3.
Controlling person.
"Controlling person" means a business entity or entities,
officer, program administrator, or director, whose responsibilities include the management
and decision-making authority to establish or control business policy and all other policies
of a supplemental nursing services agency. Controlling person also means an individual
whodeleted text begin , directly or indirectly, beneficially owns andeleted text end new text begin has a direct ownership interest or indirect
ownershipnew text end interest in a corporation, partnership, or other business association that is deleted text begin a
controlling persondeleted text end new text begin the registrantnew text end .
Sec. 10.
Minnesota Statutes 2024, section 144A.70, is amended by adding a subdivision
to read:
new text begin Subd. 3a. new text end
new text begin Direct ownership interest. new text end
new text begin
"Direct ownership interest" means an individual
or legal entity with at least five percent equity in capital, stock, or profits of the registrant
or who is a member of a limited liability company of the registrant.
new text end
Sec. 11.
Minnesota Statutes 2024, section 144A.70, is amended by adding a subdivision
to read:
new text begin Subd. 4b. new text end
new text begin Indirect ownership interest. new text end
new text begin
"Indirect ownership interest" means an individual
or legal entity with a direct ownership interest in an entity that has a direct or indirect
ownership interest of at least five percent in an entity that is a registrant.
new text end
Sec. 12.
Minnesota Statutes 2024, section 144A.70, subdivision 7, is amended to read:
Subd. 7.
Oversight.
The commissioner is responsible for the oversight of supplemental
nursing services agencies through deleted text begin semiannualdeleted text end unannounced surveysnew text begin every two yearsnew text end and
follow-up surveys, complaint investigations under sections 144A.51 to 144A.53, and other
actions necessary to ensure compliance with sections 144A.70 to 144A.74.
Sec. 13.
Minnesota Statutes 2024, section 144A.751, subdivision 1, is amended to read:
Subdivision 1.
Statement of rights.
An individual who receives hospice care has the
right to:
(1) receive written information about rights in advance of receiving hospice care or
during the initial evaluation visit before the initiation of hospice care, including what to do
if rights are violated;
(2) receive care and services according to a suitable hospice plan of care and subject to
accepted hospice care standards and to take an active part in creating and changing the plan
and evaluating care and services;
(3) be told in advance of receiving care about the services that will be provided, the
disciplines that will furnish care, the frequency of visits proposed to be furnished, other
choices that are available, and the consequence of these choices, including the consequences
of refusing these services;
(4) be told in advance, whenever possible, of any change in the hospice plan of care and
to take an active part in any change;
(5) refuse services or treatment;
(6) know, in advance, any limits to the services available from a provider, and the
provider's grounds for a termination of services;
(7) know in advance of receiving care whether the hospice services may be covered by
health insurance, medical assistance, Medicare, or other health programs in which the
individual is enrolled;
(8) receive, upon request, a good faith estimate of the reimbursement the provider expects
to receive from the health plan company in which the individual is enrolled. A good faith
estimate must also be made available at the request of an individual who is not enrolled in
a health plan company. This payment information does not constitute a legally binding
estimate of the cost of services;
(9) know that there may be other services available in the community, including other
end of life services and other hospice providers, and know where to go for information
about these services;
(10) choose freely among available providers and change providers after services have
begun, within the limits of health insurance, medical assistance, Medicare, or other health
programs;
(11) have personal, financial, and medical information kept private and be advised of
the provider's policies and procedures regarding disclosure of such information;
(12) be allowed access to records and written information from records according to
sections 144.291 to 144.298;
(13) be served by people who are properly trained and competent to perform their duties;
(14) be treated with courtesy and respect and to have the patient's property treated with
respect;
(15) voice grievances regarding treatment or care that is, or fails to be, furnished or
regarding the lack of courtesy or respect to the patient or the patient's property;
(16) be free from physical and verbal abuse;
(17) reasonable, advance notice of changes in services or charges, including at least ten
days' advance notice of the termination of a service by a provider, except in cases where:
(i) the recipient of services engages in conduct that alters the conditions of employment
between the hospice provider and the individual providing hospice services, or creates an
abusive or unsafe work environment for the individual providing hospice services;
(ii) an emergency for the informal caregiver or a significant change in the recipient's
condition has resulted in service needs that exceed the current service provider agreement
and that cannot be safely met by the hospice provider; or
(iii) the recipient is no longer certified as terminally ill;
(18) a coordinated transfer when there will be a change in the provider of services;
(19) know how to contact an individual associated with the provider who is responsible
for handling problems and to have the provider investigate and attempt to resolve the
grievance or complaint;
(20) know the name and address of the state or county agency to contact for additional
information or assistance;
(21) assert these rights personally, or have them asserted by the hospice patient's family
when the patient has been judged incompetent, without retaliation; deleted text begin and
deleted text end
(22) have pain and symptoms managed to the patient's desired level of comfortnew text begin , including
ensuring appropriate medications are readily available to the patient;
new text end
new text begin
(23) revoke hospice election at any time; and
new text end
new text begin (24) receive curative treatment for any condition unrelated to the condition that qualified
the individual for hospice, in collaboration with the hospice provider if possible, while
remaining on hospice electionnew text end .
Sec. 14.
Minnesota Statutes 2024, section 144G.08, is amended by adding a subdivision
to read:
new text begin Subd. 55a. new text end
new text begin Registered nurse. new text end
new text begin
"Registered nurse" has the meaning given in section
148.171, subdivision 20.
new text end
Sec. 15.
Minnesota Statutes 2024, section 144G.10, subdivision 1, is amended to read:
Subdivision 1.
License required.
(a)(1) Beginning August 1, 2021, no assisted living
facility may operate in Minnesota unless it is licensed under this chapter.
(2) No facility or building on a campus may provide assisted living services until
obtaining the required license under paragraphs (c) to (e).
(b) The licensee is legally responsible for the management, control, and operation of the
facility, regardless of the existence of a management agreement or subcontract. Nothing in
this chapter shall in any way affect the rights and remedies available under other law.
(c) Upon approving an application for an assisted living facility license, the commissioner
shall issue a single license for each building that is operated by the licensee as an assisted
living facility and is located at a separate address, except as provided under paragraph (d)
or (e).new text begin If a portion of a licensed assisted living facility building is utilized by an unlicensed
entity or an entity with a license type not granted under this chapter, the licensed assisted
living facility must ensure there is at least a vertical two-hour fire barrier as defined by the
National Fire Protection Association Standard 101, Life Safety Code, between any licensed
assisted living facility areas and unlicensed entity areas of the building and between the
licensed assisted living facility areas and any licensed areas subject to another license type.
new text end
(d) Upon approving an application for an assisted living facility license, the commissioner
may issue a single license for two or more buildings on a campus that are operated by the
same licensee as an assisted living facility. An assisted living facility license for a campus
must identify the address and licensed resident capacity of each building located on the
campus in which assisted living services are provided.
(e) Upon approving an application for an assisted living facility license, the commissioner
may:
(1) issue a single license for two or more buildings on a campus that are operated by the
same licensee as an assisted living facility with dementia care, provided the assisted living
facility for dementia care license for a campus identifies the buildings operating as assisted
living facilities with dementia care; or
(2) issue a separate assisted living facility with dementia care license for a building that
is on a campus and that is operating as an assisted living facility with dementia care.
Sec. 16.
Minnesota Statutes 2024, section 144G.10, subdivision 1a, is amended to read:
Subd. 1a.
Assisted living director license required.
Each assisted living facility must
employ an assisted living directornew text begin who isnew text end licensed or permitted by the Board of Executives
for Long Term Services and Supportsnew text begin and affiliated as the director of record with the boardnew text end .
Sec. 17.
Minnesota Statutes 2024, section 144G.10, subdivision 5, is amended to read:
Subd. 5.
Protected title; restriction on use.
(a) Effective January 1, deleted text begin 2026deleted text end new text begin 2027new text end , no
person or entity may use the phrase "assisted living," whether alone or in combination with
other words and whether orally or in writing, to: advertise; market; or otherwise describe,
offer, or promote itself, or any housing, service, service package, or program that it provides
within this state, unless the person or entity is a licensed assisted living facility that meets
the requirements of this chapter. A person or entity entitled to use the phrase "assisted living"
shall use the phrase only in the context of its participation that meets the requirements of
this chapter.
(b) Effective January 1, deleted text begin 2026deleted text end new text begin 2027new text end , the licensee's name for deleted text begin a newdeleted text end new text begin annew text end assisted living
facility may not include the terms "home care" or "nursing home."
Sec. 18.
Minnesota Statutes 2024, section 144G.16, subdivision 3, is amended to read:
Subd. 3.
Licensure; termination or extension of provisional licenses.
(a) If the
provisional licensee is in substantial compliance with the survey, the commissioner shall
issue a facility license.
(b) If the provisional licensee is not in substantial compliance with the initial survey,
the commissioner shall either: (1) not issue the facility license and terminate the provisional
license; or (2) extend the provisional license for a period not to exceed 90 calendar days
and apply conditions necessary to bring the facility into substantial compliance. If the
provisional licensee is not in substantial compliance with the survey within the time period
of the extension or if the provisional licensee does not satisfy the license conditions, the
commissioner may deny the license.
new text begin
(c) The owners and managerial officials of a provisional licensee whose license is denied
are ineligible to apply for an assisted living facility license under this chapter for one year
following the facility's closure date.
new text end
Sec. 19.
Minnesota Statutes 2024, section 144G.19, is amended by adding a subdivision
to read:
new text begin Subd. 5. new text end
new text begin Change of ownership; existing contracts. new text end
new text begin
Following a change of ownership,
the new licensee must honor the terms of an assisted living contract in effect at the time of
the change of ownership until the end of the contract term.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2026, and applies to all assisted
living contracts executed on or after January 1, 2026.
new text end
Sec. 20.
Minnesota Statutes 2024, section 144G.45, is amended by adding a subdivision
to read:
new text begin Subd. 8. new text end
new text begin Exceptions. new text end
new text begin
To accommodate the needs of an aging population in Otter Tail
County, a three-story building with Type IIIB construction located in Otter Tail County
may apply for an assisted living license under section 144G.191. This subdivision expires
December 31, 2025.
new text end
Sec. 21.
Minnesota Statutes 2024, section 144G.51, is amended to read:
144G.51 ARBITRATION.
(a) An assisted living facility must clearly and conspicuously disclose, in writing in an
assisted living contract, any arbitration provision in the contract that precludes, limits, or
delays the ability of a resident from taking a civil action.
(b) An arbitration requirement new text begin provision new text end must not include a choice of law or choice of
venue provision. Assisted living contracts must adhere to Minnesota law and any other
applicable federal or local law.
new text begin
(c) An assisted living facility must not require any resident or the resident's representative
to sign an agreement for binding arbitration as a condition of admission to, or as a
requirement to continue to receive care at, the facility.
new text end
Sec. 22.
Minnesota Statutes 2024, section 144G.52, is amended by adding a subdivision
to read:
new text begin Subd. 5a. new text end
new text begin Impermissible ground for termination. new text end
new text begin
(a) A facility must not terminate an
assisted living contract on the ground that the resident changes from using private funds to
using public funds to pay for housing or services if the facility has represented or advertised
that the facility accepts public funds to cover the costs of housing or services or makes any
similar representation regarding the ability of the resident to remain in the facility when the
resident's private funds are exhausted.
new text end
new text begin
(b) A resident must notify the facility of the resident's intention to apply for public
assistance to pay for housing or services, or both, and must make a timely application to
the appropriate government agency or agencies. The facility must inform the resident at the
time the resident moves into the facility and once annually of the facility's policy regarding
converting from using private funds to public funds to pay for housing or services, or both,
and of the resident's obligation to notify the facility of the resident's intent to apply for public
assistance and to make a timely application for public assistance.
new text end
new text begin
(c) This subdivision does not prohibit a facility from terminating an assisted living
contract for nonpayment according to subdivision 3, or for a violation of the assisted living
contract according to subdivision 4.
new text end
new text begin
(d) If a resident's application for public funds is not processed within 30 days, the resident
may contact the Office of Ombudsman for Long-Term Care to facilitate timely completion
of enrollment with the appropriate lead agency.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2026, and applies to all assisted
living contracts executed on or after January 1, 2026.
new text end
Sec. 23.
Minnesota Statutes 2024, section 144G.53, is amended to read:
144G.53 NONRENEWAL OF HOUSING.
new text begin Subdivision 1. new text end
new text begin Notice or termination procedure. new text end
(a) If a facility decides to not renew
a resident's housing under a contract, the facility must either (1) provide the resident with
60 calendar days' notice of the nonrenewal and assistance with relocation planning, or (2)
follow the termination procedure under section 144G.52.
(b) The notice must include the reason for the nonrenewal and contact information of
the Office of Ombudsman for Long-Term Care and the Office of Ombudsman for Mental
Health and Developmental Disabilities.
(c) A facility must:
(1) provide notice of the nonrenewal to the Office of Ombudsman for Long-Term Care;new text begin
and
new text end
(2) for residents who receive home and community-based waiver services under chapter
256S and section 256B.49, provide notice to the resident's case managerdeleted text begin ;deleted text end new text begin .
new text end
new text begin Subd. 2. new text end
new text begin Prohibited ground for nonrenewal. new text end
new text begin
(a) A facility must not decline to renew
a resident's housing under an assisted living contract on the ground that the resident changes
from using private funds to using public funds to pay for housing if the facility has
represented or advertised that the facility accepts public funds to cover the costs of housing
or makes any similar representation regarding the ability of the resident to remain in the
facility when the resident's private funds are exhausted.
new text end
new text begin
(b) A resident must notify the facility of the resident's intention to apply for public
assistance to pay for housing or services, or both, and must make a timely application to
the appropriate government agency or agencies. The facility must inform the resident at the
time the resident moves into the facility and once annually of the facility's policy regarding
converting from using private funds to public funds to pay for housing or services, or both,
and of the resident's obligation to notify the facility of the resident's intent to apply for public
assistance and to make a timely application for public assistance.
new text end
new text begin
(c) This subdivision does not prohibit a facility from terminating an assisted living
contract for nonpayment according to section 144G.52, subdivision 3, or for a violation of
the assisted living contract according to section 144G.52, subdivision 4.
new text end
new text begin
(d) If a resident's application for public funds is not processed within 30 days, the resident
may contact the Office of Ombudsman for Long-Term Care to facilitate timely completion
of enrollment with the appropriate lead agency.
new text end
new text begin Subd. 3. new text end
new text begin Requirements following notice. new text end
new text begin
If a facility provides notice of nonrenewal
according to subdivision 1, the facility must:
new text end
deleted text begin (3)deleted text end new text begin (1)new text end ensure a coordinated move to a safe location, as defined in section 144G.55,
subdivision 2, that is appropriate for the resident;
deleted text begin (4)deleted text end new text begin (2)new text end ensure a coordinated move to an appropriate service provider identified by the
facility, if services are still needed and desired by the resident;
deleted text begin (5)deleted text end new text begin (3)new text end consult and cooperate with the resident, legal representative, designated
representative, case manager for a resident who receives home and community-based waiver
services under chapter 256S and section 256B.49, relevant health professionals, and any
other persons of the resident's choosing to make arrangements to move the resident, including
consideration of the resident's goals; and
deleted text begin (6)deleted text end new text begin (4)new text end prepare a written plan to prepare for the move.
new text begin Subd. 4. new text end
new text begin
Right to move to location of resident's choosing or to use provider of
resident's choosing.
new text end
deleted text begin (d)deleted text end A resident may decline to move to the location the facility identifies
or to accept services from a service provider the facility identifies, and may instead choose
to move to a location of the resident's choosing or receive services from a service provider
of the resident's choosing within the timeline prescribed in the nonrenewal notice.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2026, and applies to all assisted
living contracts executed on or after January 1, 2026.
new text end
Sec. 24.
Minnesota Statutes 2024, section 144G.70, subdivision 2, is amended to read:
Subd. 2.
Initial reviews, assessments, and monitoring.
(a) Residents who are not
receiving any assisted living services shall not be required to undergo an initial nursing
assessment.
(b) An assisted living facility shall conduct a nursing assessment by a registered nurse
of the physical and cognitive needs of the prospective resident and propose a temporary
service plan prior to the date on which a prospective resident executes a contract with a
facility or the date on which a prospective resident moves in, whichever is earlier. If
necessitated by either the geographic distance between the prospective resident and the
facility, or urgent or unexpected circumstances, the assessment may be conducted using
telecommunication methods based on practice standards that meet the resident's needs and
reflect person-centered planning and care delivery.
(c) Resident reassessment and monitoring must be conducted deleted text begin no more than 14 calendar
days after initiation of services. Ongoing resident reassessment and monitoring must be
conducted as needed based on changes in the needs of the resident and cannot exceed 90
calendar days from the last date of the assessment.deleted text end new text begin by a registered nurse:
new text end
new text begin
(1) no more than 14 calendar days after initiation of services;
new text end
new text begin
(2) as needed based on changes in the resident's needs; and
new text end
new text begin
(3) at least every 90 calendar days.
new text end
new text begin
(d) Sections of the reassessment and monitoring in paragraph (c) may be completed by
a licensed practical nurse as allowed under the Nurse Practice Act in sections 148.171 to
148.285. A registered nurse must review the findings as part of the resident's reassessment.
new text end
deleted text begin (d)deleted text end new text begin (e)new text end For residents only receiving assisted living services specified in section 144G.08,
subdivision 9, clauses (1) to (5), the facility shall complete an individualized initial review
of the resident's needs and preferences. The initial review must be completed within 30
calendar days of the start of services. Resident monitoring and review must be conducted
as needed based on changes in the needs of the resident and cannot exceed 90 calendar days
from the date of the last review.
deleted text begin (e)deleted text end new text begin (f)new text end A facility must inform the prospective resident of the availability of and contact
information for long-term care consultation services under section 256B.0911, prior to the
date on which a prospective resident executes a contract with a facility or the date on which
a prospective resident moves in, whichever is earlier.
Sec. 25.
Minnesota Statutes 2024, section 144G.71, subdivision 3, is amended to read:
Subd. 3.
Individualized medication monitoring and reassessment.
deleted text begin The assisted living
facilitydeleted text end new text begin A registered nurse, advanced practice registered nurse, or qualified staff delegated
the task by a registered nursenew text end must monitor and reassess the resident's medication
management services as needed under subdivision 2 when the resident presents with
symptoms or other issues that may be medication-related and, at a minimum, annually.
Sec. 26.
Minnesota Statutes 2024, section 144G.71, subdivision 5, is amended to read:
Subd. 5.
Individualized medication management plan.
(a) For each resident receiving
medication management services, deleted text begin the assisted living facilitydeleted text end new text begin a registered nurse, advanced
practice registered nurse, or qualified staff delegated the task by a registered nursenew text end must
prepare and include in the service plan a written statement of the medication management
services that will be provided to the resident. The facility must develop and maintain a
current individualized medication management record for each resident based on the resident's
assessment that must contain the following:
(1) a statement describing the medication management services that will be provided;
(2) a description of storage of medications based on the resident's needs and preferences,
risk of diversion, and consistent with the manufacturer's directions;
(3) documentation of specific resident instructions relating to the administration of
medications;
(4) identification of persons responsible for monitoring medication supplies and ensuring
that medication refills are ordered on a timely basis;
(5) identification of medication management tasks that may be delegated to unlicensed
personnel;
(6) procedures for staff notifying a registered nurse or appropriate licensed health
professional when a problem arises with medication management services; and
(7) any resident-specific requirements relating to documenting medication administration,
verifications that all medications are administered as prescribed, and monitoring of
medication use to prevent possible complications or adverse reactions.
(b) The medication management record must be current and updated when there are any
changes.
(c) Medication reconciliation must be completed when a licensed nurse, licensed health
professional, or authorized prescriber is providing medication management.
Sec. 27.
Minnesota Statutes 2024, section 144G.81, subdivision 1, is amended to read:
Subdivision 1.
Fire protection and physical environment.
An assisted living facility
with dementia care deleted text begin that has a secured dementia care unitdeleted text end must meet the requirements of
section 144G.45 and the following additional requirements:
(1) deleted text begin a hazard vulnerabilitydeleted text end new text begin annew text end assessment deleted text begin ordeleted text end new text begin ofnew text end safety deleted text begin riskdeleted text end new text begin risksnew text end must be performed on
and around the property. The deleted text begin hazards indicateddeleted text end new text begin safety risks identified by the facilitynew text end on the
assessment must be deleted text begin assessed anddeleted text end mitigated to protect the residents from harmnew text begin . The mitigation
efforts must be documented in the facility's recordsnew text end ; and
(2) the facility shall be protected throughout by an approved supervised automatic
sprinkler system by August 1, 2029.
Sec. 28.
Minnesota Statutes 2024, section 144G.91, is amended by adding a subdivision
to read:
new text begin Subd. 6a. new text end
new text begin Designated support person. new text end
new text begin
(a) Subject to paragraph (c), an assisted living
facility must allow, at a minimum, one designated support person chosen by the resident to
be physically present with the resident at times of the resident's choosing while the resident
resides at the facility.
new text end
new text begin
(b) For purposes of this subdivision, "designated support person" means any person
chosen by the resident to provide comfort to the resident, including but not limited to the
resident's spouse, partner, family member, or another person related by affinity.
new text end
new text begin
(c) A facility may restrict or prohibit the presence of a designated support person if the
designated support person is acting in a violent or threatening manner toward others. A
facility may restrict the presence of a resident's designated support person to the extent
necessary to ensure a designated support person who is not a facility resident is not living
at the facility on a short-term or long-term basis. If the facility restricts or prohibits a
resident's designated support person from being present, the resident may file a complaint
or inquiry with the facility according to subdivision 20, the Office of Ombudsman for
Long-Term Care, or the Office of Ombudsman for Mental Health and Developmental
Disabilities.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2026.
new text end
Sec. 29.
Minnesota Statutes 2024, section 148.235, subdivision 10, is amended to read:
Subd. 10.
Administration of medications by unlicensed personnel in nursing
facilities.
Notwithstanding the provisions of Minnesota Rules, part 4658.1360, subpart 2,
a graduate of a foreign nursing school who has successfully completed an approved
competency evaluation under the provisions of section 144A.61 is eligible to administer
medications in a nursing facility upon completion of deleted text begin adeleted text end new text begin anynew text end medication training program for
unlicensed personnelnew text begin approved by the commissioner of health under section 144A.61,
subdivision 3b, ornew text end offered through a postsecondary educational institution, which meets the
requirements specified in Minnesota Rules, part 4658.1360, subpart 2, item B.
Sec. 30. new text begin REVISOR INSTRUCTION.
new text end
new text begin
The revisor of statutes must modify the section headnote for Minnesota Statutes, section
144G.81, to read "ADDITIONAL REQUIREMENTS FOR ASSISTED LIVING
FACILITIES WITH DEMENTIA CARE AND ASSISTED LIVING FACILITIES WITH
SECURED DEMENTIA CARE UNITS."
new text end
Sec. 31. new text begin REVISOR INSTRUCTION.
new text end
new text begin
(a) The revisor of statutes shall renumber Minnesota Statutes, section 144A.70,
subdivision 4a, as Minnesota Statutes, section 144A.70, subdivision 4c, and correct all
cross-references.
new text end
new text begin
(b) The revisor of statutes shall renumber Minnesota Statutes, section 144A.70,
subdivision 7, as Minnesota Statutes, section 144A.714, and correct all cross-references.
new text end
Sec. 32. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2024, section 144G.9999, subdivisions 1, 2, and 3,
new text end
new text begin
are repealed.
new text end
ARTICLE 3
DIRECT CARE AND TREATMENT
Section 1.
Minnesota Statutes 2024, section 13.46, subdivision 3, is amended to read:
Subd. 3.
Investigative data.
(a) Data on persons, including data on vendors of services,
licensees, and applicants that is collected, maintained, used, or disseminated by the welfare
system in an investigation, authorized by statute, and relating to the enforcement of rules
or law are confidential data on individuals pursuant to section 13.02, subdivision 3, or
protected nonpublic data not on individuals pursuant to section 13.02, subdivision 13, and
shall not be disclosed except:
(1) pursuant to section 13.05;
(2) pursuant to statute or valid court order;
(3) to a party named in a civil or criminal proceeding, administrative or judicial, for
preparation of defense;
(4) to an agent of the welfare system or an investigator acting on behalf of a county,
state, or federal government, including a law enforcement officer or attorney in the
investigation or prosecution of a criminal, civil, or administrative proceeding, unless the
commissioner of human services deleted text begin ordeleted text end new text begin ; thenew text end commissioner of children, youth, and familiesnew text begin ; or
the Direct Care and Treatment executive boardnew text end determines that disclosure may compromise
a Department of Human Services deleted text begin ordeleted text end new text begin ;new text end Department of Children, Youth, and Familiesnew text begin ; or Direct
Care and Treatmentnew text end ongoing investigation; or
(5) to provide notices required or permitted by statute.
The data referred to in this subdivision shall be classified as public data upon submission
to an administrative law judge or court in an administrative or judicial proceeding. Inactive
welfare investigative data shall be treated as provided in section 13.39, subdivision 3.
(b) Notwithstanding any other provision in law, the commissioner of human services
shall provide all active and inactive investigative data, including the name of the reporter
of alleged maltreatment under section 626.557 or chapter 260E, to the ombudsman for
mental health and developmental disabilities upon the request of the ombudsman.
(c) Notwithstanding paragraph (a) and section 13.39, the existence of an investigation
by the commissioner of human services of possible overpayments of public funds to a service
provider or recipient may be disclosed if the commissioner determines that it will not
compromise the investigation.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 2.
Minnesota Statutes 2024, section 13.46, subdivision 4, is amended to read:
Subd. 4.
Licensing data.
(a) As used in this subdivision:
(1) "licensing data" are all data collected, maintained, used, or disseminated by the
welfare system pertaining to persons licensed or registered or who apply for licensure or
registration or who formerly were licensed or registered under the authority of the
commissioner of human services;
(2) "client" means a person who is receiving services from a licensee or from an applicant
for licensure; and
(3) "personal and personal financial data" are Social Security numbers, identity of and
letters of reference, insurance information, reports from the Bureau of Criminal
Apprehension, health examination reports, and social/home studies.
(b)(1)(i) Except as provided in paragraph (c), the following data on applicants, license
holders, certification holders, and former licensees are public: name, address, telephone
number of licensees, email addresses except for family child foster care, date of receipt of
a completed application, dates of licensure, licensed capacity, type of client preferred,
variances granted, record of training and education in child care and child development,
type of dwelling, name and relationship of other family members, previous license history,
class of license, the existence and status of complaints, and the number of serious injuries
to or deaths of individuals in the licensed program as reported to the commissioner of human
services; the commissioner of children, youth, and families; the local social services agency;
or any other county welfare agency. For purposes of this clause, a serious injury is one that
is treated by a physician.
(ii) Except as provided in item (v), when a correction order, an order to forfeit a fine,
an order of license suspension, an order of temporary immediate suspension, an order of
license revocation, an order of license denial, or an order of conditional license has been
issued, or a complaint is resolved, the following data on current and former licensees and
applicants are public: the general nature of the complaint or allegations leading to the
temporary immediate suspension; the substance and investigative findings of the licensing
or maltreatment complaint, licensing violation, or substantiated maltreatment; the existence
of settlement negotiations; the record of informal resolution of a licensing violation; orders
of hearing; findings of fact; conclusions of law; specifications of the final correction order,
fine, suspension, temporary immediate suspension, revocation, denial, or conditional license
contained in the record of licensing action; whether a fine has been paid; and the status of
any appeal of these actions.
(iii) When a license denial under section 142A.15 or 245A.05 or a sanction under section
142B.18 or 245A.07 is based on a determination that a license holder, applicant, or controlling
individual is responsible for maltreatment under section 626.557 or chapter 260E, the identity
of the applicant, license holder, or controlling individual as the individual responsible for
maltreatment is public data at the time of the issuance of the license denial or sanction.
(iv) When a license denial under section 142A.15 or 245A.05 or a sanction under section
142B.18 or 245A.07 is based on a determination that a license holder, applicant, or controlling
individual is disqualified under chapter 245C, the identity of the license holder, applicant,
or controlling individual as the disqualified individual is public data at the time of the
issuance of the licensing sanction or denial. If the applicant, license holder, or controlling
individual requests reconsideration of the disqualification and the disqualification is affirmed,
the reason for the disqualification and the reason to not set aside the disqualification are
private data.
(v) A correction order or fine issued to a child care provider for a licensing violation is
private data on individuals under section 13.02, subdivision 12, or nonpublic data under
section 13.02, subdivision 9, if the correction order or fine is seven years old or older.
(2) For applicants who withdraw their application prior to licensure or denial of a license,
the following data are public: the name of the applicant, the city and county in which the
applicant was seeking licensure, the dates of the commissioner's receipt of the initial
application and completed application, the type of license sought, and the date of withdrawal
of the application.
(3) For applicants who are denied a license, the following data are public: the name and
address of the applicant, the city and county in which the applicant was seeking licensure,
the dates of the commissioner's receipt of the initial application and completed application,
the type of license sought, the date of denial of the application, the nature of the basis for
the denial, the existence of settlement negotiations, the record of informal resolution of a
denial, orders of hearings, findings of fact, conclusions of law, specifications of the final
order of denial, and the status of any appeal of the denial.
(4) When maltreatment is substantiated under section 626.557 or chapter 260E and the
victim and the substantiated perpetrator are affiliated with a program licensed under chapter
142B or 245A; the commissioner of human services; commissioner of children, youth, and
families; local social services agency; or county welfare agency may inform the license
holder where the maltreatment occurred of the identity of the substantiated perpetrator and
the victim.
(5) Notwithstanding clause (1), for child foster care, only the name of the license holder
and the status of the license are public if the county attorney has requested that data otherwise
classified as public data under clause (1) be considered private data based on the best interests
of a child in placement in a licensed program.
(c) The following are private data on individuals under section 13.02, subdivision 12,
or nonpublic data under section 13.02, subdivision 9: personal and personal financial data
on family day care program and family foster care program applicants and licensees and
their family members who provide services under the license.
(d) The following are private data on individuals: the identity of persons who have made
reports concerning licensees or applicants that appear in inactive investigative data, and the
records of clients or employees of the licensee or applicant for licensure whose records are
received by the licensing agency for purposes of review or in anticipation of a contested
matter. The names of reporters of complaints or alleged violations of licensing standards
under chapters 142B, 245A, 245B, 245C, and 245D, and applicable rules and alleged
maltreatment under section 626.557 and chapter 260E, are confidential data and may be
disclosed only as provided in section 260E.21, subdivision 4; 260E.35; or 626.557,
subdivision 12b.
(e) Data classified as private, confidential, nonpublic, or protected nonpublic under this
subdivision become public data if submitted to a court or administrative law judge as part
of a disciplinary proceeding in which there is a public hearing concerning a license which
has been suspended, immediately suspended, revoked, or denied.
(f) Data generated in the course of licensing investigations that relate to an alleged
violation of law are investigative data under subdivision 3.
(g) Data that are not public data collected, maintained, used, or disseminated under this
subdivision that relate to or are derived from a report as defined in section 260E.03, or
626.5572, subdivision 18, are subject to the destruction provisions of sections 260E.35,
subdivision 6, and 626.557, subdivision 12b.
(h) Upon request, not public data collected, maintained, used, or disseminated under
this subdivision that relate to or are derived from a report of substantiated maltreatment as
defined in section 626.557 or chapter 260E may be exchanged with the Department of
Health for purposes of completing background studies pursuant to section 144.057 and with
the Department of Corrections for purposes of completing background studies pursuant to
section 241.021.
(i) Data on individuals collected according to licensing activities under chapters 142B,
245A, and 245C, data on individuals collected by the commissioner of human services
according to investigations under section 626.557 and chapters 142B, 245A, 245B, 245C,
245D, and 260E may be shared with the Department of Human Rights, the Department of
Health, the Department of Corrections, the ombudsman for mental health and developmental
disabilities, and the individual's professional regulatory board when there is reason to believe
that laws or standards under the jurisdiction of those agencies may have been violated or
the information may otherwise be relevant to the board's regulatory jurisdiction. Background
study data on an individual who is the subject of a background study under chapter 245C
for a licensed service for which the commissioner of human services deleted text begin ordeleted text end new text begin ; the commissioner
ofnew text end children, youth, and familiesnew text begin ; or the Direct Care and Treatment executive boardnew text end is the
license holder may be shared with the commissioner and the commissioner's delegate by
the licensing division. Unless otherwise specified in this chapter, the identity of a reporter
of alleged maltreatment or licensing violations may not be disclosed.
(j) In addition to the notice of determinations required under sections 260E.24,
subdivisions 5 and 7, and 260E.30, subdivision 6, paragraphs (b), (c), (d), (e), and (f), if the
commissioner of children, youth, and families or the local social services agency has
determined that an individual is a substantiated perpetrator of maltreatment of a child based
on sexual abuse, as defined in section 260E.03, and the commissioner or local social services
agency knows that the individual is a person responsible for a child's care in another facility,
the commissioner or local social services agency shall notify the head of that facility of this
determination. The notification must include an explanation of the individual's available
appeal rights and the status of any appeal. If a notice is given under this paragraph, the
government entity making the notification shall provide a copy of the notice to the individual
who is the subject of the notice.
(k) All not public data collected, maintained, used, or disseminated under this subdivision
and subdivision 3 may be exchanged between the Department of Human Services, Licensing
Division, and the Department of Corrections for purposes of regulating services for which
the Department of Human Services and the Department of Corrections have regulatory
authority.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 3.
Minnesota Statutes 2024, section 15.471, subdivision 6, is amended to read:
Subd. 6.
Party.
(a) Except as modified by paragraph (b), "party" means a person named
or admitted as a party, or seeking and entitled to be admitted as a party, in a court action or
contested case proceeding, or a person admitted by an administrative law judge for limited
purposes, and who is:
(1) an unincorporated business, partnership, corporation, association, or organization,
having not more than 500 employees at the time the civil action was filed or the contested
case proceeding was initiated; and
(2) an unincorporated business, partnership, corporation, association, or organization
whose annual revenues did not exceed $7,000,000 at the time the civil action was filed or
the contested case proceeding was initiated.
(b) "Party" also includes a partner, officer, shareholder, member, or owner of an entity
described in paragraph (a), clauses (1) and (2).
(c) "Party" does not include a person providing services pursuant to licensure or
reimbursement on a cost basis by the Department of Health deleted text begin ordeleted text end new text begin ,new text end the Department of Human
Services, new text begin or Direct Care and Treatment new text end when that person is named or admitted or seeking
to be admitted as a party in a matter which involves the licensing or reimbursement rates,
procedures, or methodology applicable to those services.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 4.
Minnesota Statutes 2024, section 43A.241, is amended to read:
43A.241 INSURANCE CONTRIBUTIONS; FORMER EMPLOYEES.
(a) This section applies to a person who:
(1) was employed by the commissioner of corrections, the commissioner of human
services, or the Direct Care and Treatment executive board;
(2) was covered by the correctional employee retirement plan under section 352.91 or
the general state employees retirement plan of the Minnesota State Retirement System as
defined in section 352.021;
(3) while employed under clause (1), was assaulted by:
(i) a person under correctional supervision for a criminal offense; or
(ii) a client or patient at the Minnesota Sex Offender Program, or at a state-operated
forensic services program as defined in section 352.91, subdivision 3j; and
(4) as a direct result of the assault under clause (3), was determined to be totally and
permanently physically disabled under laws governing the Minnesota State Retirement
System.
(b) For a person to whom this section applies, the commissioner of corrections, the
commissioner of human services, or the Direct Care and Treatment executive board, using
existing budget resources, must continue to make the employer contribution for medical
and dental benefits under the State Employee Group Insurance Program after the person
terminates state service. If the person had dependent coverage at the time of terminating
state service, employer contributions for dependent coverage also must continue under this
section. The employer contributions must be in the amount of the employer contribution
for active state employees at the time each payment is made. The employer contributions
must continue until the person reaches age 65, provided the person makes the required
employee contributions, in the amount required of an active state employee, at the time and
in the manner specified by the commissioner deleted text begin or executive boarddeleted text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 5.
Minnesota Statutes 2024, section 62J.495, subdivision 2, is amended to read:
Subd. 2.
E-Health Advisory Committee.
(a) The commissioner shall establish an
e-Health Advisory Committee governed by section 15.059 to advise the commissioner on
the following matters:
(1) assessment of the adoption and effective use of health information technology by
the state, licensed health care providers and facilities, and local public health agencies;
(2) recommendations for implementing a statewide interoperable health information
infrastructure, to include estimates of necessary resources, and for determining standards
for clinical data exchange, clinical support programs, patient privacy requirements, and
maintenance of the security and confidentiality of individual patient data;
(3) recommendations for encouraging use of innovative health care applications using
information technology and systems to improve patient care and reduce the cost of care,
including applications relating to disease management and personal health management
that enable remote monitoring of patients' conditions, especially those with chronic
conditions; and
(4) other related issues as requested by the commissioner.
(b) The members of the e-Health Advisory Committee shall include the commissioners,
or commissioners' designees, of health, human services, administration, and commercenew text begin ; a
representative of the Direct Care and Treatment executive board;new text end and additional members
to be appointed by the commissioner to include persons representing Minnesota's local
public health agencies, licensed hospitals and other licensed facilities and providers, private
purchasers, the medical and nursing professions, health insurers and health plans, the state
quality improvement organization, academic and research institutions, consumer advisory
organizations with an interest and expertise in health information technology, and other
stakeholders as identified by the commissioner to fulfill the requirements of section 3013,
paragraph (g), of the HITECH Act.
(c) This subdivision expires June 30, 2031.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 6.
Minnesota Statutes 2024, section 97A.441, subdivision 3, is amended to read:
Subd. 3.
Angling; residents of state institutions.
The commissioner may issue a license,
without a fee, to take fish by angling to a person that is a ward of the commissioner of human
services and a resident of a state institution new text begin under the control of the Direct Care and Treatment
executive board new text end upon application by the commissioner of human services.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 7.
Minnesota Statutes 2024, section 144.53, is amended to read:
144.53 FEES.
Each application for a license, or renewal thereof, to operate a hospital, sanitarium or
other institution for the hospitalization or care of human beings, within the meaning of
sections 144.50 to 144.56, except applications by the Minnesota Veterans Home, the
deleted text begin commissioner of human servicesdeleted text end new text begin Direct Care and Treatment executive boardnew text end for the licensing
of state institutionsnew text begin ,new text end or deleted text begin bydeleted text end the administrator for the licensing of the University of Minnesota
hospitals, shall be accompanied by a fee to be prescribed by the state commissioner of health
pursuant to section 144.122. No fee shall be refunded. Licenses shall expire and shall be
renewed as prescribed by the commissioner of health pursuant to section 144.122.
No license granted hereunder shall be assignable or transferable.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 8.
Minnesota Statutes 2024, section 144.651, subdivision 2, is amended to read:
Subd. 2.
Definitions.
new text begin (a) new text end For the purposes of this section, "patient" means a person who
is admitted to an acute care inpatient facility for a continuous period longer than 24 hours,
for the purpose of diagnosis or treatment bearing on the physical or mental health of that
person. For purposes of subdivisions 4 to 9, 12, 13, 15, 16, and 18 to 20, "patient" also
means a person who receives health care services at an outpatient surgical center or at a
birth center licensed under section 144.615. "Patient" also means a minor who is admitted
to a residential program as defined in deleted text begin section 253C.01deleted text end new text begin paragraph (c)new text end . For purposes of
subdivisions 1, 3 to 16, 18, 20 and 30, "patient" also means any person who is receiving
mental health treatment on an outpatient basis or in a community support program or other
community-based program.
new text begin (b) new text end "Resident" means a person who is admitted to a nonacute care facility including
extended care facilities, nursing homes, and boarding care homes for care required because
of prolonged mental or physical illness or disability, recovery from injury or disease, or
advancing age. For purposes of all subdivisions except subdivisions 28 and 29, "resident"
also means a person who is admitted to a facility licensed as a board and lodging facility
under Minnesota Rules, parts 4625.0100 to 4625.2355, a boarding care home under sections
144.50 to 144.56, or a supervised living facility under Minnesota Rules, parts 4665.0100
to 4665.9900, and which operates a rehabilitation program licensed under chapter 245G or
245I, or Minnesota Rules, parts 9530.6510 to 9530.6590.
new text begin
(c) "Residential program" means (1) a hospital-based primary treatment program that
provides residential treatment to minors with emotional disturbance as defined by the
Comprehensive Children's Mental Health Act in sections 245.487 to 245.4889, or (2) a
facility licensed by the state under Minnesota Rules, parts 2960.0580 to 2960.0700, to
provide services to minors on a 24-hour basis.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 9.
Minnesota Statutes 2024, section 144.651, subdivision 4, is amended to read:
Subd. 4.
Information about rights.
Patients and residents shall, at admission, be told
that there are legal rights for their protection during their stay at the facility or throughout
their course of treatment and maintenance in the community and that these are described
in an accompanying written statement of the applicable rights and responsibilities set forth
in this section. In the case of patients admitted to residential programs deleted text begin as defined in section
253C.01deleted text end , the written statement shall also describe the right of a person 16 years old or older
to request release as provided in section 253B.04, subdivision 2, and shall list the names
and telephone numbers of individuals and organizations that provide advocacy and legal
services for patients in residential programs. Reasonable accommodations shall be made
for people who have communication disabilities and those who speak a language other than
English. Current facility policies, inspection findings of state and local health authorities,
and further explanation of the written statement of rights shall be available to patients,
residents, their guardians or their chosen representatives upon reasonable request to the
administrator or other designated staff person, consistent with chapter 13, the Data Practices
Act, and section 626.557, relating to vulnerable adults.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 10.
Minnesota Statutes 2024, section 144.651, subdivision 20, is amended to read:
Subd. 20.
Grievances.
Patients and residents shall be encouraged and assisted, throughout
their stay in a facility or their course of treatment, to understand and exercise their rights
as patients, residents, and citizens. Patients and residents may voice grievances and
recommend changes in policies and services to facility staff and others of their choice, free
from restraint, interference, coercion, discrimination, or reprisal, including threat of discharge.
Notice of the grievance procedure of the facility or program, as well as addresses and
telephone numbers for the Office of Health Facility Complaints and the area nursing home
ombudsman pursuant to the Older Americans Act, section 307(a)(12) shall be posted in a
conspicuous place.
Every acute care inpatient facility, every residential program deleted text begin as defined in section
253C.01deleted text end , every nonacute care facility, and every facility employing more than two people
that provides outpatient mental health services shall have a written internal grievance
procedure that, at a minimum, sets forth the process to be followed; specifies time limits,
including time limits for facility response; provides for the patient or resident to have the
assistance of an advocate; requires a written response to written grievances; and provides
for a timely decision by an impartial decision maker if the grievance is not otherwise resolved.
Compliance by hospitals, residential programs deleted text begin as defined in section 253C.01deleted text end which are
hospital-based primary treatment programs, and outpatient surgery centers with section
144.691 and compliance by health maintenance organizations with section 62D.11 is deemed
to be compliance with the requirement for a written internal grievance procedure.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 11.
Minnesota Statutes 2024, section 144.651, subdivision 31, is amended to read:
Subd. 31.
Isolation and restraints.
A minor patient who has been admitted to a
residential program deleted text begin as defined in section 253C.01deleted text end has the right to be free from physical
restraint and isolation except in emergency situations involving a likelihood that the patient
will physically harm the patient's self or others. These procedures may not be used for
disciplinary purposes, to enforce program rules, or for the convenience of staff. Isolation
or restraint may be used only upon the prior authorization of a physician, advanced practice
registered nurse, physician assistant, psychiatrist, or licensed psychologist, only when less
restrictive measures are ineffective or not feasible and only for the shortest time necessary.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 12.
Minnesota Statutes 2024, section 144.651, subdivision 32, is amended to read:
Subd. 32.
Treatment plan.
A minor patient who has been admitted to a residential
program deleted text begin as defined in section 253C.01deleted text end has the right to a written treatment plan that describes
in behavioral terms the case problems, the precise goals of the plan, and the procedures that
will be utilized to minimize the length of time that the minor requires inpatient treatment.
The plan shall also state goals for release to a less restrictive facility and follow-up treatment
measures and services, if appropriate. To the degree possible, the minor patient and the
minor patient's parents or guardian shall be involved in the development of the treatment
and discharge plan.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 13.
Minnesota Statutes 2024, section 144A.07, is amended to read:
144A.07 FEES.
Each application for a license to operate a nursing home, or for a renewal of license,
except an application by the Minnesota Veterans Home or the deleted text begin commissioner of human
servicesdeleted text end new text begin Direct Care and Treatment executive boardnew text end for the licensing of state institutions,
shall be accompanied by a fee to be prescribed by the commissioner of health pursuant to
section 144.122. No fee shall be refunded.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 14.
Minnesota Statutes 2024, section 146A.08, subdivision 4, is amended to read:
Subd. 4.
Examination; access to medical data.
(a) If the commissioner has probable
cause to believe that an unlicensed complementary and alternative health care practitioner
has engaged in conduct prohibited by subdivision 1, paragraph (h), (i), (j), or (k), the
commissioner may issue an order directing the practitioner to submit to a mental or physical
examination or substance use disorder evaluation. For the purpose of this subdivision, every
unlicensed complementary and alternative health care practitioner is deemed to have
consented to submit to a mental or physical examination or substance use disorder evaluation
when ordered to do so in writing by the commissioner and further to have waived all
objections to the admissibility of the testimony or examination reports of the health care
provider performing the examination or evaluation on the grounds that the same constitute
a privileged communication. Failure of an unlicensed complementary and alternative health
care practitioner to submit to an examination or evaluation when ordered, unless the failure
was due to circumstances beyond the practitioner's control, constitutes an admission that
the unlicensed complementary and alternative health care practitioner violated subdivision
1, paragraph (h), (i), (j), or (k), based on the factual specifications in the examination or
evaluation order and may result in a default and final disciplinary order being entered after
a contested case hearing. An unlicensed complementary and alternative health care
practitioner affected under this paragraph shall at reasonable intervals be given an opportunity
to demonstrate that the practitioner can resume the provision of complementary and
alternative health care practices with reasonable safety to clients. In any proceeding under
this paragraph, neither the record of proceedings nor the orders entered by the commissioner
shall be used against an unlicensed complementary and alternative health care practitioner
in any other proceeding.
(b) In addition to ordering a physical or mental examination or substance use disorder
evaluation, the commissioner may, notwithstanding section 13.384; 144.651; 595.02; or
any other law limiting access to medical or other health data, obtain medical data and health
records relating to an unlicensed complementary and alternative health care practitioner
without the practitioner's consent if the commissioner has probable cause to believe that a
practitioner has engaged in conduct prohibited by subdivision 1, paragraph (h), (i), (j), or
(k). The medical data may be requested from a provider as defined in section 144.291,
subdivision 2, paragraph (i), an insurance company, or a government agency, including the
Department of Human Servicesnew text begin and Direct Care and Treatmentnew text end . A provider, insurance
company, or government agency shall comply with any written request of the commissioner
under this subdivision and is not liable in any action for damages for releasing the data
requested by the commissioner if the data are released pursuant to a written request under
this subdivision, unless the information is false and the person or organization giving the
information knew or had reason to believe the information was false. Information obtained
under this subdivision is private data under section 13.41.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 15.
Minnesota Statutes 2024, section 147.091, subdivision 6, is amended to read:
Subd. 6.
Mental examination; access to medical data.
(a) If the board has probable
cause to believe that a regulated person comes under subdivision 1, paragraph (1), it may
direct the person to submit to a mental or physical examination. For the purpose of this
subdivision every regulated person is deemed to have consented to submit to a mental or
physical examination when directed in writing by the board and further to have waived all
objections to the admissibility of the examining physicians' testimony or examination reports
on the ground that the same constitute a privileged communication. Failure of a regulated
person to submit to an examination when directed constitutes an admission of the allegations
against the person, unless the failure was due to circumstance beyond the person's control,
in which case a default and final order may be entered without the taking of testimony or
presentation of evidence. A regulated person affected under this paragraph shall at reasonable
intervals be given an opportunity to demonstrate that the person can resume the competent
practice of the regulated profession with reasonable skill and safety to the public.
In any proceeding under this paragraph, neither the record of proceedings nor the orders
entered by the board shall be used against a regulated person in any other proceeding.
(b) In addition to ordering a physical or mental examination, the board may,
notwithstanding section 13.384, 144.651, or any other law limiting access to medical or
other health data, obtain medical data and health records relating to a regulated person or
applicant without the person's or applicant's consent if the board has probable cause to
believe that a regulated person comes under subdivision 1, paragraph (1). The medical data
may be requested from a provider, as defined in section 144.291, subdivision 2, paragraph
(i), an insurance company, or a government agency, including the Department of Human
Servicesnew text begin and Direct Care and Treatmentnew text end . A provider, insurance company, or government
agency shall comply with any written request of the board under this subdivision and is not
liable in any action for damages for releasing the data requested by the board if the data are
released pursuant to a written request under this subdivision, unless the information is false
and the provider giving the information knew, or had reason to believe, the information was
false. Information obtained under this subdivision is classified as private under sections
13.01 to 13.87.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 16.
Minnesota Statutes 2024, section 147A.13, subdivision 6, is amended to read:
Subd. 6.
Mental examination; access to medical data.
(a) If the board has probable
cause to believe that a physician assistant comes under subdivision 1, clause (1), it may
direct the physician assistant to submit to a mental or physical examination. For the purpose
of this subdivision, every physician assistant licensed under this chapter is deemed to have
consented to submit to a mental or physical examination when directed in writing by the
board and further to have waived all objections to the admissibility of the examining
physicians' testimony or examination reports on the ground that the same constitute a
privileged communication. Failure of a physician assistant to submit to an examination
when directed constitutes an admission of the allegations against the physician assistant,
unless the failure was due to circumstance beyond the physician assistant's control, in which
case a default and final order may be entered without the taking of testimony or presentation
of evidence. A physician assistant affected under this subdivision shall at reasonable intervals
be given an opportunity to demonstrate that the physician assistant can resume competent
practice with reasonable skill and safety to patients. In any proceeding under this subdivision,
neither the record of proceedings nor the orders entered by the board shall be used against
a physician assistant in any other proceeding.
(b) In addition to ordering a physical or mental examination, the board may,
notwithstanding sections 13.384, 144.651, or any other law limiting access to medical or
other health data, obtain medical data and health records relating to a licensee or applicant
without the licensee's or applicant's consent if the board has probable cause to believe that
a physician assistant comes under subdivision 1, clause (1).
The medical data may be requested from a provider, as defined in section 144.291,
subdivision 2, paragraph (i), an insurance company, or a government agency, including the
Department of Human Servicesnew text begin and Direct Care and Treatmentnew text end . A provider, insurance
company, or government agency shall comply with any written request of the board under
this subdivision and is not liable in any action for damages for releasing the data requested
by the board if the data are released pursuant to a written request under this subdivision,
unless the information is false and the provider giving the information knew, or had reason
to believe, the information was false. Information obtained under this subdivision is classified
as private under chapter 13.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 17.
Minnesota Statutes 2024, section 148.10, subdivision 1, is amended to read:
Subdivision 1.
Grounds.
(a) The state Board of Chiropractic Examiners may refuse to
grant, or may revoke, suspend, condition, limit, restrict or qualify a license to practice
chiropractic, or may cause the name of a person licensed to be removed from the records
in the office of the court administrator of the district court for:
(1) advertising that is false or misleading; that violates a rule of the board; or that claims
the cure of any condition or disease;
(2) the employment of fraud or deception in applying for a license or in passing the
examination provided for in section 148.06 or conduct which subverts or attempts to subvert
the licensing examination process;
(3) the practice of chiropractic under a false or assumed name or the impersonation of
another practitioner of like or different name;
(4) the conviction of a crime involving moral turpitude;
(5) the conviction, during the previous five years, of a felony reasonably related to the
practice of chiropractic;
(6) habitual intemperance in the use of alcohol or drugs;
(7) practicing under a license which has not been renewed;
(8) advanced physical or mental disability;
(9) the revocation or suspension of a license to practice chiropractic; or other disciplinary
action against the licensee; or the denial of an application for a license by the proper licensing
authority of another state, territory or country; or failure to report to the board that charges
regarding the person's license have been brought in another state or jurisdiction;
(10) the violation of, or failure to comply with, the provisions of sections 148.01 to
148.105, the rules of the state Board of Chiropractic Examiners, or a lawful order of the
board;
(11) unprofessional conduct;
(12) being unable to practice chiropractic with reasonable skill and safety to patients by
reason of illness, professional incompetence, senility, drunkenness, use of drugs, narcotics,
chemicals or any other type of material, or as a result of any mental or physical condition,
including deterioration through the aging process or loss of motor skills. If the board has
probable cause to believe that a person comes within this clause, it shall direct the person
to submit to a mental or physical examination. For the purpose of this clause, every person
licensed under this chapter shall be deemed to have given consent to submit to a mental or
physical examination when directed in writing by the board and further to have waived all
objections to the admissibility of the examining physicians' testimony or examination reports
on the ground that the same constitute a privileged communication. Failure of a person to
submit to such examination when directed shall constitute an admission of the allegations,
unless the failure was due to circumstances beyond the person's control, in which case a
default and final order may be entered without the taking of testimony or presentation of
evidence. A person affected under this clause shall at reasonable intervals be afforded an
opportunity to demonstrate that the person can resume the competent practice of chiropractic
with reasonable skill and safety to patients.
In addition to ordering a physical or mental examination, the board may, notwithstanding
section 13.384, 144.651, or any other law limiting access to health data, obtain health data
and health records relating to a licensee or applicant without the licensee's or applicant's
consent if the board has probable cause to believe that a doctor of chiropractic comes under
this clause. The health data may be requested from a provider, as defined in section 144.291,
subdivision 2, paragraph (i), an insurance company, or a government agency, including the
Department of Human Servicesnew text begin and Direct Care and Treatmentnew text end . A provider, insurance
company, or government agency shall comply with any written request of the board under
this subdivision and is not liable in any action for damages for releasing the data requested
by the board if the data are released pursuant to a written request under this subdivision,
unless the information is false and the provider or entity giving the information knew, or
had reason to believe, the information was false. Information obtained under this subdivision
is classified as private under sections 13.01 to 13.87.
In any proceeding under this clause, neither the record of proceedings nor the orders
entered by the board shall be used against a person in any other proceeding;
(13) aiding or abetting an unlicensed person in the practice of chiropractic, except that
it is not a violation of this clause for a doctor of chiropractic to employ, supervise, or delegate
functions to a qualified person who may or may not be required to obtain a license or
registration to provide health services if that person is practicing within the scope of the
license or registration or delegated authority;
(14) improper management of health records, including failure to maintain adequate
health records as described in clause (18), to comply with a patient's request made under
sections 144.291 to 144.298 or to furnish a health record or report required by law;
(15) failure to make reports required by section 148.102, subdivisions 2 and 5, or to
cooperate with an investigation of the board as required by section 148.104, or the submission
of a knowingly false report against another doctor of chiropractic under section 148.10,
subdivision 3;
(16) splitting fees, or promising to pay a portion of a fee or a commission, or accepting
a rebate;
(17) revealing a privileged communication from or relating to a patient, except when
otherwise required or permitted by law;
(18) failing to keep written chiropractic records justifying the course of treatment of the
patient, including, but not limited to, patient histories, examination results, test results, and
x-rays. Unless otherwise required by law, written records need not be retained for more
than seven years and x-rays need not be retained for more than four years;
(19) exercising influence on the patient or client in such a manner as to exploit the patient
or client for financial gain of the licensee or of a third party which shall include, but not be
limited to, the promotion or sale of services, goods, or appliances;
(20) gross or repeated malpractice or the failure to practice chiropractic at a level of
care, skill, and treatment which is recognized by a reasonably prudent chiropractor as being
acceptable under similar conditions and circumstances; or
(21) delegating professional responsibilities to a person when the licensee delegating
such responsibilities knows or has reason to know that the person is not qualified by training,
experience, or licensure to perform them.
(b) For the purposes of paragraph (a), clause (2), conduct that subverts or attempts to
subvert the licensing examination process includes, but is not limited to: (1) conduct that
violates the security of the examination materials, such as removing examination materials
from the examination room or having unauthorized possession of any portion of a future,
current, or previously administered licensing examination; (2) conduct that violates the
standard of test administration, such as communicating with another examinee during
administration of the examination, copying another examinee's answers, permitting another
examinee to copy one's answers, or possessing unauthorized materials; or (3) impersonating
an examinee or permitting an impersonator to take the examination on one's own behalf.
(c) For the purposes of paragraph (a), clauses (4) and (5), conviction as used in these
subdivisions includes a conviction of an offense that if committed in this state would be
deemed a felony without regard to its designation elsewhere, or a criminal proceeding where
a finding or verdict of guilt is made or returned but the adjudication of guilt is either withheld
or not entered.
(d) For the purposes of paragraph (a), clauses (4), (5), and (6), a copy of the judgment
or proceeding under seal of the administrator of the court or of the administrative agency
which entered the same shall be admissible into evidence without further authentication
and shall constitute prima facie evidence of its contents.
(e) For the purposes of paragraph (a), clause (11), unprofessional conduct means any
unethical, deceptive or deleterious conduct or practice harmful to the public, any departure
from or the failure to conform to the minimal standards of acceptable chiropractic practice,
or a willful or careless disregard for the health, welfare or safety of patients, in any of which
cases proof of actual injury need not be established. Unprofessional conduct shall include,
but not be limited to, the following acts of a chiropractor:
(1) gross ignorance of, or incompetence in, the practice of chiropractic;
(2) engaging in conduct with a patient that is sexual or may reasonably be interpreted
by the patient as sexual, or in any verbal behavior that is seductive or sexually demeaning
to a patient;
(3) performing unnecessary services;
(4) charging a patient an unconscionable fee or charging for services not rendered;
(5) directly or indirectly engaging in threatening, dishonest, or misleading fee collection
techniques;
(6) perpetrating fraud upon patients, third-party payors, or others, relating to the practice
of chiropractic, including violations of the Medicare or Medicaid laws or state medical
assistance laws;
(7) advertising that the licensee will accept for services rendered assigned payments
from any third-party payer as payment in full, if the effect is to give the impression of
eliminating the need of payment by the patient of any required deductible or co-payment
applicable in the patient's health benefit plan. As used in this clause, "advertise" means
solicitation by the licensee by means of handbills, posters, circulars, motion pictures, radio,
newspapers, television, or in any other manner. In addition to the board's power to punish
for violations of this clause, violation of this clause is also a misdemeanor;
(8) accepting for services rendered assigned payments from any third-party payer as
payment in full, if the effect is to eliminate the need of payment by the patient of any required
deductible or co-payment applicable in the patient's health benefit plan, except as hereinafter
provided; and
(9) any other act that the board by rule may define.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 18.
Minnesota Statutes 2024, section 148.261, subdivision 5, is amended to read:
Subd. 5.
Examination; access to medical data.
The board may take the following
actions if it has probable cause to believe that grounds for disciplinary action exist under
subdivision 1, clause (9) or (10):
(a) It may direct the applicant or nurse to submit to a mental or physical examination or
substance use disorder evaluation. For the purpose of this subdivision, when a nurse licensed
under sections 148.171 to 148.285 is directed in writing by the board to submit to a mental
or physical examination or substance use disorder evaluation, that person is considered to
have consented and to have waived all objections to admissibility on the grounds of privilege.
Failure of the applicant or nurse to submit to an examination when directed constitutes an
admission of the allegations against the applicant or nurse, unless the failure was due to
circumstances beyond the person's control, and the board may enter a default and final order
without taking testimony or allowing evidence to be presented. A nurse affected under this
paragraph shall, at reasonable intervals, be given an opportunity to demonstrate that the
competent practice of professional, advanced practice registered, or practical nursing can
be resumed with reasonable skill and safety to patients. Neither the record of proceedings
nor the orders entered by the board in a proceeding under this paragraph, may be used
against a nurse in any other proceeding.
(b) It may, notwithstanding sections 13.384, 144.651, 595.02, or any other law limiting
access to medical or other health data, obtain medical data and health records relating to a
registered nurse, advanced practice registered nurse, licensed practical nurse, or applicant
for a license without that person's consent. The medical data may be requested from a
provider, as defined in section 144.291, subdivision 2, paragraph (i), an insurance company,
or a government agency, including the Department of Human Servicesnew text begin and Direct Care and
Treatmentnew text end . A provider, insurance company, or government agency shall comply with any
written request of the board under this subdivision and is not liable in any action for damages
for releasing the data requested by the board if the data are released pursuant to a written
request under this subdivision unless the information is false and the provider giving the
information knew, or had reason to believe, the information was false. Information obtained
under this subdivision is classified as private data on individuals as defined in section 13.02.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 19.
Minnesota Statutes 2024, section 148.754, is amended to read:
148.754 EXAMINATION; ACCESS TO MEDICAL DATA.
(a) If the board has probable cause to believe that a licensee comes under section 148.75,
paragraph (a), clause (2), it may direct the licensee to submit to a mental or physical
examination. For the purpose of this paragraph, every licensee is deemed to have consented
to submit to a mental or physical examination when directed in writing by the board and
further to have waived all objections to the admissibility of the examining physicians'
testimony or examination reports on the ground that they constitute a privileged
communication. Failure of the licensee to submit to an examination when directed constitutes
an admission of the allegations against the person, unless the failure was due to circumstances
beyond the person's control, in which case a default and final order may be entered without
the taking of testimony or presentation of evidence. A licensee affected under this paragraph
shall, at reasonable intervals, be given an opportunity to demonstrate that the person can
resume the competent practice of physical therapy with reasonable skill and safety to the
public.
(b) In any proceeding under paragraph (a), neither the record of proceedings nor the
orders entered by the board shall be used against a licensee in any other proceeding.
(c) In addition to ordering a physical or mental examination, the board may,
notwithstanding section 13.384, 144.651, or any other law limiting access to medical or
other health data, obtain medical data and health records relating to a licensee or applicant
without the person's or applicant's consent if the board has probable cause to believe that
the person comes under paragraph (a). The medical data may be requested from a provider,
as defined in section 144.291, subdivision 2, paragraph (i), an insurance company, or a
government agency, including the Department of Human Servicesnew text begin and Direct Care and
Treatmentnew text end . A provider, insurance company, or government agency shall comply with any
written request of the board under this paragraph and is not liable in any action for damages
for releasing the data requested by the board if the data are released pursuant to a written
request under this paragraph, unless the information is false and the provider giving the
information knew, or had reason to believe, the information was false. Information obtained
under this paragraph is classified as private under sections 13.01 to 13.87.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 20.
Minnesota Statutes 2024, section 148B.5905, is amended to read:
148B.5905 MENTAL, PHYSICAL, OR SUBSTANCE USE DISORDER
EXAMINATION OR EVALUATION; ACCESS TO MEDICAL DATA.
(a) If the board has probable cause to believe section 148B.59, paragraph (a), clause (9),
applies to a licensee or applicant, the board may direct the person to submit to a mental,
physical, or substance use disorder examination or evaluation. For the purpose of this section,
every licensee and applicant is deemed to have consented to submit to a mental, physical,
or substance use disorder examination or evaluation when directed in writing by the board
and to have waived all objections to the admissibility of the examining professionals'
testimony or examination reports on the grounds that the testimony or examination reports
constitute a privileged communication. Failure of a licensee or applicant to submit to an
examination when directed by the board constitutes an admission of the allegations against
the person, unless the failure was due to circumstances beyond the person's control, in which
case a default and final order may be entered without the taking of testimony or presentation
of evidence. A licensee or applicant affected under this paragraph shall at reasonable intervals
be given an opportunity to demonstrate that the person can resume the competent practice
of licensed professional counseling with reasonable skill and safety to the public. In any
proceeding under this paragraph, neither the record of proceedings nor the orders entered
by the board shall be used against a licensee or applicant in any other proceeding.
(b) In addition to ordering a physical or mental examination, the board may,
notwithstanding section 13.384, 144.651, or any other law limiting access to medical or
other health data, obtain medical data and health records relating to a licensee or applicant
without the licensee's or applicant's consent if the board has probable cause to believe that
section 148B.59, paragraph (a), clause (9), applies to the licensee or applicant. The medical
data may be requested from a provider, as defined in section 144.291, subdivision 2,
paragraph (i); an insurance company; or a government agency, including the Department
of Human Servicesnew text begin and Direct Care and Treatmentnew text end . A provider, insurance company, or
government agency shall comply with any written request of the board under this subdivision
and is not liable in any action for damages for releasing the data requested by the board if
the data are released pursuant to a written request under this subdivision, unless the
information is false and the provider giving the information knew, or had reason to believe,
the information was false. Information obtained under this subdivision is classified as private
under sections 13.01 to 13.87.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 21.
Minnesota Statutes 2024, section 148F.09, subdivision 6, is amended to read:
Subd. 6.
Mental, physical, or chemical health evaluation.
(a) If the board has probable
cause to believe that an applicant or licensee is unable to practice alcohol and drug counseling
with reasonable skill and safety due to a mental or physical illness or condition, the board
may direct the individual to submit to a mental, physical, or chemical dependency
examination or evaluation.
(1) For the purposes of this section, every licensee and applicant is deemed to have
consented to submit to a mental, physical, or chemical dependency examination or evaluation
when directed in writing by the board and to have waived all objections to the admissibility
of the examining professionals' testimony or examination reports on the grounds that the
testimony or examination reports constitute a privileged communication.
(2) Failure of a licensee or applicant to submit to an examination when directed by the
board constitutes an admission of the allegations against the person, unless the failure was
due to circumstances beyond the person's control, in which case a default and final order
may be entered without the taking of testimony or presentation of evidence.
(3) A licensee or applicant affected under this subdivision shall at reasonable intervals
be given an opportunity to demonstrate that the licensee or applicant can resume the
competent practice of licensed alcohol and drug counseling with reasonable skill and safety
to the public.
(4) In any proceeding under this subdivision, neither the record of proceedings nor the
orders entered by the board shall be used against the licensee or applicant in any other
proceeding.
(b) In addition to ordering a physical or mental examination, the board may,
notwithstanding section 13.384 or sections 144.291 to 144.298, or any other law limiting
access to medical or other health data, obtain medical data and health records relating to a
licensee or applicant without the licensee's or applicant's consent if the board has probable
cause to believe that subdivision 1, clause (9), applies to the licensee or applicant. The
medical data may be requested from:
(1) a provider, as defined in section 144.291, subdivision 2, paragraph (i);
(2) an insurance company; or
(3) a government agency, including the Department of Human Servicesnew text begin and Direct Care
and Treatmentnew text end .
(c) A provider, insurance company, or government agency must comply with any written
request of the board under this subdivision and is not liable in any action for damages for
releasing the data requested by the board if the data are released pursuant to a written request
under this subdivision, unless the information is false and the provider giving the information
knew, or had reason to believe, the information was false.
(d) Information obtained under this subdivision is private data on individuals as defined
in section 13.02, subdivision 12.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 22.
Minnesota Statutes 2024, section 150A.08, subdivision 6, is amended to read:
Subd. 6.
Medical records.
Notwithstanding contrary provisions of sections 13.384 and
144.651 or any other statute limiting access to medical or other health data, the board may
obtain medical data and health records of a licensee or applicant without the licensee's or
applicant's consent if the information is requested by the board as part of the process specified
in subdivision 5. The medical data may be requested from a provider, as defined in section
144.291, subdivision 2, paragraph (h), an insurance company, or a government agency,
including the Department of Human Servicesnew text begin and Direct Care and Treatmentnew text end . A provider,
insurance company, or government agency shall comply with any written request of the
board under this subdivision and shall not be liable in any action for damages for releasing
the data requested by the board if the data are released pursuant to a written request under
this subdivision, unless the information is false and the provider giving the information
knew, or had reason to believe, the information was false. Information obtained under this
subdivision shall be classified as private under the Minnesota Government Data Practices
Act.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 23.
Minnesota Statutes 2024, section 151.071, subdivision 10, is amended to read:
Subd. 10.
Mental examination; access to medical data.
(a) If the board receives a
complaint and has probable cause to believe that an individual licensed or registered by the
board falls under subdivision 2, clause (14), it may direct the individual to submit to a mental
or physical examination. For the purpose of this subdivision, every licensed or registered
individual is deemed to have consented to submit to a mental or physical examination when
directed in writing by the board and further to have waived all objections to the admissibility
of the examining practitioner's testimony or examination reports on the grounds that the
same constitute a privileged communication. Failure of a licensed or registered individual
to submit to an examination when directed constitutes an admission of the allegations against
the individual, unless the failure was due to circumstances beyond the individual's control,
in which case a default and final order may be entered without the taking of testimony or
presentation of evidence. Pharmacists affected under this paragraph shall at reasonable
intervals be given an opportunity to demonstrate that they can resume the competent practice
of the profession of pharmacy with reasonable skill and safety to the public. Pharmacist
interns, pharmacy technicians, or controlled substance researchers affected under this
paragraph shall at reasonable intervals be given an opportunity to demonstrate that they can
competently resume the duties that can be performed, under this chapter or the rules of the
board, by similarly registered persons with reasonable skill and safety to the public. In any
proceeding under this paragraph, neither the record of proceedings nor the orders entered
by the board shall be used against a licensed or registered individual in any other proceeding.
(b) Notwithstanding section 13.384, 144.651, or any other law limiting access to medical
or other health data, the board may obtain medical data and health records relating to an
individual licensed or registered by the board, or to an applicant for licensure or registration,
without the individual's consent when the board receives a complaint and has probable cause
to believe that the individual is practicing in violation of subdivision 2, clause (14), and the
data and health records are limited to the complaint. The medical data may be requested
from a provider, as defined in section 144.291, subdivision 2, paragraph (i), an insurance
company, or a government agency, including the Department of Human Servicesnew text begin and Direct
Care and Treatmentnew text end . A provider, insurance company, or government agency shall comply
with any written request of the board under this subdivision and is not liable in any action
for damages for releasing the data requested by the board if the data are released pursuant
to a written request under this subdivision, unless the information is false and the provider
giving the information knew, or had reason to believe, the information was false. Information
obtained under this subdivision is classified as private under sections 13.01 to 13.87.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 24.
Minnesota Statutes 2024, section 153.21, subdivision 2, is amended to read:
Subd. 2.
Access to medical data.
In addition to ordering a physical or mental examination
or substance use disorder evaluation, the board may, notwithstanding section 13.384, 144.651,
or any other law limiting access to medical or other health data, obtain medical data and
health records relating to a licensee or applicant without the licensee's or applicant's consent
if the board has probable cause to believe that a doctor of podiatric medicine falls within
the provisions of section 153.19, subdivision 1, clause (12). The medical data may be
requested from a provider, as defined in section 144.291, subdivision 2, paragraph (h), an
insurance company, or a government agency, including the Department of Human Servicesnew text begin
and Direct Care and Treatmentnew text end . A provider, insurance company, or government agency
shall comply with any written request of the board under this section and is not liable in
any action for damages for releasing the data requested by the board if the data are released
in accordance with a written request under this section, unless the information is false and
the provider giving the information knew, or had reason to believe, the information was
false.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 25.
Minnesota Statutes 2024, section 153B.70, is amended to read:
153B.70 GROUNDS FOR DISCIPLINARY ACTION.
(a) The board may refuse to issue or renew a license, revoke or suspend a license, or
place on probation or reprimand a licensee for one or any combination of the following:
(1) making a material misstatement in furnishing information to the board;
(2) violating or intentionally disregarding the requirements of this chapter;
(3) conviction of a crime, including a finding or verdict of guilt, an admission of guilt,
or a no-contest plea, in this state or elsewhere, reasonably related to the practice of the
profession. Conviction, as used in this clause, includes a conviction of an offense which, if
committed in this state, would be deemed a felony, gross misdemeanor, or misdemeanor,
without regard to its designation elsewhere, or a criminal proceeding where a finding or
verdict of guilty is made or returned but the adjudication of guilt is either withheld or not
entered;
(4) making a misrepresentation in order to obtain or renew a license;
(5) displaying a pattern of practice or other behavior that demonstrates incapacity or
incompetence to practice;
(6) aiding or assisting another person in violating the provisions of this chapter;
(7) failing to provide information within 60 days in response to a written request from
the board, including documentation of completion of continuing education requirements;
(8) engaging in dishonorable, unethical, or unprofessional conduct;
(9) engaging in conduct of a character likely to deceive, defraud, or harm the public;
(10) inability to practice due to habitual intoxication, addiction to drugs, or mental or
physical illness;
(11) being disciplined by another state or territory of the United States, the federal
government, a national certification organization, or foreign nation, if at least one of the
grounds for the discipline is the same or substantially equivalent to one of the grounds in
this section;
(12) directly or indirectly giving to or receiving from a person, firm, corporation,
partnership, or association a fee, commission, rebate, or other form of compensation for
professional services not actually or personally rendered;
(13) incurring a finding by the board that the licensee, after the licensee has been placed
on probationary status, has violated the conditions of the probation;
(14) abandoning a patient or client;
(15) willfully making or filing false records or reports in the course of the licensee's
practice including, but not limited to, false records or reports filed with state or federal
agencies;
(16) willfully failing to report child maltreatment as required under the Maltreatment of
Minors Act, chapter 260E; or
(17) soliciting professional services using false or misleading advertising.
(b) A license to practice is automatically suspended if (1) a guardian of a licensee is
appointed by order of a court pursuant to sections 524.5-101 to 524.5-502, for reasons other
than the minority of the licensee, or (2) the licensee is committed by order of a court pursuant
to chapter 253B. The license remains suspended until the licensee is restored to capacity
by a court and, upon petition by the licensee, the suspension is terminated by the board after
a hearing. The licensee may be reinstated to practice, either with or without restrictions, by
demonstrating clear and convincing evidence of rehabilitation. The regulated person is not
required to prove rehabilitation if the subsequent court decision overturns previous court
findings of public risk.
(c) If the board has probable cause to believe that a licensee or applicant has violated
paragraph (a), clause (10), it may direct the person to submit to a mental or physical
examination. For the purpose of this section, every person is deemed to have consented to
submit to a mental or physical examination when directed in writing by the board and to
have waived all objections to the admissibility of the examining physician's testimony or
examination report on the grounds that the testimony or report constitutes a privileged
communication. Failure of a regulated person to submit to an examination when directed
constitutes an admission of the allegations against the person, unless the failure was due to
circumstances beyond the person's control, in which case a default and final order may be
entered without the taking of testimony or presentation of evidence. A regulated person
affected under this paragraph shall at reasonable intervals be given an opportunity to
demonstrate that the person can resume the competent practice of the regulated profession
with reasonable skill and safety to the public. In any proceeding under this paragraph, neither
the record of proceedings nor the orders entered by the board shall be used against a regulated
person in any other proceeding.
(d) In addition to ordering a physical or mental examination, the board may,
notwithstanding section 13.384 or 144.293, or any other law limiting access to medical or
other health data, obtain medical data and health records relating to a licensee or applicant
without the person's or applicant's consent if the board has probable cause to believe that a
licensee is subject to paragraph (a), clause (10). The medical data may be requested from
a provider as defined in section 144.291, subdivision 2, paragraph (i), an insurance company,
or a government agency, including the Department of Human Servicesnew text begin and Direct Care and
Treatmentnew text end . A provider, insurance company, or government agency shall comply with any
written request of the board under this section and is not liable in any action for damages
for releasing the data requested by the board if the data are released pursuant to a written
request under this section, unless the information is false and the provider giving the
information knew, or had reason to know, the information was false. Information obtained
under this section is private data on individuals as defined in section 13.02.
(e) If the board issues an order of immediate suspension of a license, a hearing must be
held within 30 days of the suspension and completed without delay.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 26.
Minnesota Statutes 2024, section 168.012, subdivision 1, is amended to read:
Subdivision 1.
Vehicles exempt from tax, fees, or plate display.
(a) The following
vehicles are exempt from the provisions of this chapter requiring payment of tax and
registration fees, except as provided in subdivision 1c:
(1) vehicles owned and used solely in the transaction of official business by the federal
government, the state, or any political subdivision;
(2) vehicles owned and used exclusively by educational institutions and used solely in
the transportation of pupils to and from those institutions;
(3) vehicles used solely in driver education programs at nonpublic high schools;
(4) vehicles owned by nonprofit charities and used exclusively to transport disabled
persons for charitable, religious, or educational purposes;
(5) vehicles owned by nonprofit charities and used exclusively for disaster response and
related activities;
(6) vehicles owned by ambulance services licensed under section 144E.10 that are
equipped and specifically intended for emergency response or providing ambulance services;
and
(7) vehicles owned by a commercial driving school licensed under section 171.34, or
an employee of a commercial driving school licensed under section 171.34, and the vehicle
is used exclusively for driver education and training.
(b) Provided the general appearance of the vehicle is unmistakable, the following vehicles
are not required to register or display number plates:
(1) vehicles owned by the federal government;
(2) fire apparatuses, including fire-suppression support vehicles, owned or leased by the
state or a political subdivision;
(3) police patrols owned or leased by the state or a political subdivision; and
(4) ambulances owned or leased by the state or a political subdivision.
(c) Unmarked vehicles used in general police work, liquor investigations, or arson
investigations, and passenger automobiles, pickup trucks, and buses owned or operated by
the Department of Corrections or by conservation officers of the Division of Enforcement
and Field Service of the Department of Natural Resources, must be registered and must
display appropriate license number plates, furnished by the registrar at cost. Original and
renewal applications for these license plates authorized for use in general police work and
for use by the Department of Corrections or by conservation officers must be accompanied
by a certification signed by the appropriate chief of police if issued to a police vehicle, the
appropriate sheriff if issued to a sheriff's vehicle, the commissioner of corrections if issued
to a Department of Corrections vehicle, or the appropriate officer in charge if issued to a
vehicle of any other law enforcement agency. The certification must be on a form prescribed
by the commissioner and state that the vehicle will be used exclusively for a purpose
authorized by this section.
(d) Unmarked vehicles used by the Departments of Revenue and Labor and Industry,
fraud unit, in conducting seizures or criminal investigations must be registered and must
display passenger vehicle classification license number plates, furnished at cost by the
registrar. Original and renewal applications for these passenger vehicle license plates must
be accompanied by a certification signed by the commissioner of revenue or the
commissioner of labor and industry. The certification must be on a form prescribed by the
commissioner and state that the vehicles will be used exclusively for the purposes authorized
by this section.
(e) Unmarked vehicles used by the Division of Disease Prevention and Control of the
Department of Health must be registered and must display passenger vehicle classification
license number plates. These plates must be furnished at cost by the registrar. Original and
renewal applications for these passenger vehicle license plates must be accompanied by a
certification signed by the commissioner of health. The certification must be on a form
prescribed by the commissioner and state that the vehicles will be used exclusively for the
official duties of the Division of Disease Prevention and Control.
(f) Unmarked vehicles used by staff of the Gambling Control Board in gambling
investigations and reviews must be registered and must display passenger vehicle
classification license number plates. These plates must be furnished at cost by the registrar.
Original and renewal applications for these passenger vehicle license plates must be
accompanied by a certification signed by the board chair. The certification must be on a
form prescribed by the commissioner and state that the vehicles will be used exclusively
for the official duties of the Gambling Control Board.
(g) Unmarked vehicles used in general investigation, surveillance, supervision, and
monitoring by deleted text begin the Department of Human Services' Office of Special Investigations' staff;
the Minnesota Sex Offender Program's executive director and the executive director's staff;
anddeleted text end the Office of Inspector General's staff, including, but not limited to, county fraud
prevention investigators, must be registered and must display passenger vehicle classification
license number plates, furnished by the registrar at cost. Original and renewal applications
for passenger vehicle license plates must be accompanied by a certification signed by the
commissioner of human services. The certification must be on a form prescribed by the
commissioner and state that the vehicles must be used exclusively for the official duties of
the Office of Special Investigations' staffdeleted text begin ; the Minnesota Sex Offender Program's executive
director and the executive director's staff;deleted text end and the Office of the Inspector General's staff,
including, but not limited to, contract and county fraud prevention investigators.
new text begin
(h) Unmarked vehicles used in general investigation, surveillance, supervision, and
monitoring by the Direct Care and Treatment Office of Special Investigations' staff and
unmarked vehicles used by the Minnesota Sex Offender Program's executive director and
the executive director's staff must be registered and must display passenger vehicle
classification license number plates, furnished by the registrar at cost. Original and renewal
applications for passenger vehicle license plates must be accompanied by a certification
signed by the Direct Care and Treatment executive board. The certification must be on a
form prescribed by the commissioner and state that the vehicles must be used exclusively
for the official duties of the Minnesota Sex Offender Program's executive director and the
executive director's staff, including but not limited to contract and county fraud prevention
investigators.
new text end
deleted text begin (h)deleted text end new text begin (i)new text end Each state hospital and institution for persons who are mentally ill and
developmentally disabled may have one vehicle without the required identification on the
sides of the vehicle. The vehicle must be registered and must display passenger vehicle
classification license number plates. These plates must be furnished at cost by the registrar.
Original and renewal applications for these passenger vehicle license plates must be
accompanied by a certification signed by the hospital administrator. The certification must
be on a form prescribed by the deleted text begin commissionerdeleted text end new text begin Direct Care and Treatment executive boardnew text end
and state that the vehicles will be used exclusively for the official duties of the state hospital
or institution.
deleted text begin (i)deleted text end new text begin (j)new text end Each county social service agency may have vehicles used for child and vulnerable
adult protective services without the required identification on the sides of the vehicle. The
vehicles must be registered and must display passenger vehicle classification license number
plates. These plates must be furnished at cost by the registrar. Original and renewal
applications for these passenger vehicle license plates must be accompanied by a certification
signed by the agency administrator. The certification must be on a form prescribed by the
commissioner and state that the vehicles will be used exclusively for the official duties of
the social service agency.
deleted text begin (j)deleted text end new text begin (k)new text end Unmarked vehicles used in general investigation, surveillance, supervision, and
monitoring by tobacco inspector staff of the Department of Human Services' Alcohol and
Drug Abuse Division for the purposes of tobacco inspections, investigations, and reviews
must be registered and must display passenger vehicle classification license number plates,
furnished at cost by the registrar. Original and renewal applications for passenger vehicle
license plates must be accompanied by a certification signed by the commissioner of human
services. The certification must be on a form prescribed by the commissioner and state that
the vehicles will be used exclusively by tobacco inspector staff for the duties specified in
this paragraph.
deleted text begin (k)deleted text end new text begin (l)new text end All other motor vehicles must be registered and display tax-exempt number plates,
furnished by the registrar at cost, except as provided in subdivision 1c. All vehicles required
to display tax-exempt number plates must have the name of the state department or political
subdivision, nonpublic high school operating a driver education program, licensed
commercial driving school, or other qualifying organization or entity, plainly displayed on
both sides of the vehicle. This identification must be in a color giving contrast with that of
the part of the vehicle on which it is placed and must endure throughout the term of the
registration. The identification must not be on a removable plate or placard and must be
kept clean and visible at all times; except that a removable plate or placard may be utilized
on vehicles leased or loaned to a political subdivision or to a nonpublic high school driver
education program.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 27.
Minnesota Statutes 2024, section 244.052, subdivision 4, is amended to read:
Subd. 4.
Law enforcement agency; disclosure of information to public.
(a) The law
enforcement agency in the area where the predatory offender resides, expects to reside, is
employed, or is regularly found, shall disclose to the public any information regarding the
offender contained in the report forwarded to the agency under subdivision 3, paragraph
(f), that is relevant and necessary to protect the public and to counteract the offender's
dangerousness, consistent with the guidelines in paragraph (b). The extent of the information
disclosed and the community to whom disclosure is made must relate to the level of danger
posed by the offender, to the offender's pattern of offending behavior, and to the need of
community members for information to enhance their individual and collective safety.
(b) The law enforcement agency shall employ the following guidelines in determining
the scope of disclosure made under this subdivision:
(1) if the offender is assigned to risk level I, the agency may maintain information
regarding the offender within the agency and may disclose it to other law enforcement
agencies. Additionally, the agency may disclose the information to any victims of or
witnesses to the offense committed by the offender. The agency shall disclose the information
to victims of the offense committed by the offender who have requested disclosure and to
adult members of the offender's immediate household;
(2) if the offender is assigned to risk level II, the agency also may disclose the information
to agencies and groups that the offender is likely to encounter for the purpose of securing
those institutions and protecting individuals in their care while they are on or near the
premises of the institution. These agencies and groups include the staff members of public
and private educational institutions, day care establishments, and establishments and
organizations that primarily serve individuals likely to be victimized by the offender. The
agency also may disclose the information to individuals the agency believes are likely to
be victimized by the offender. The agency's belief shall be based on the offender's pattern
of offending or victim preference as documented in the information provided by the
Department of Corrections deleted text begin ordeleted text end new text begin , the Department ofnew text end Human Servicesnew text begin , or Direct Care and
Treatmentnew text end . The agency may disclose the information to property assessors, property
inspectors, code enforcement officials, and child protection officials who are likely to visit
the offender's home in the course of their duties;
(3) if the offender is assigned to risk level III, the agency shall disclose the information
to the persons and entities described in clauses (1) and (2) and to other members of the
community whom the offender is likely to encounter, unless the law enforcement agency
determines that public safety would be compromised by the disclosure or that a more limited
disclosure is necessary to protect the identity of the victim.
Notwithstanding the assignment of a predatory offender to risk level II or III, a law
enforcement agency may not make the disclosures permitted or required by clause (2) or
(3), if: the offender is placed or resides in a residential facility. However, if an offender is
placed or resides in a residential facility, the offender and the head of the facility shall
designate the offender's likely residence upon release from the facility and the head of the
facility shall notify the commissioner of corrections deleted text begin ordeleted text end new text begin ,new text end the commissioner of human servicesnew text begin ,
or the Direct Care and Treatment executive boardnew text end of the offender's likely residence at least
14 days before the offender's scheduled release date. The commissioner shall give this
information to the law enforcement agency having jurisdiction over the offender's likely
residence. The head of the residential facility also shall notify the commissioner of corrections
deleted text begin ordeleted text end new text begin , the commissioner ofnew text end human servicesnew text begin , or the Direct Care and Treatment executive boardnew text end
within 48 hours after finalizing the offender's approved relocation plan to a permanent
residence. Within five days after receiving this notification, the appropriate commissioner
shall give to the appropriate law enforcement agency all relevant information the
commissioner has concerning the offender, including information on the risk factors in the
offender's history and the risk level to which the offender was assigned. After receiving this
information, the law enforcement agency shall make the disclosures permitted or required
by clause (2) or (3), as appropriate.
(c) As used in paragraph (b), clauses (2) and (3), "likely to encounter" means that:
(1) the organizations or community members are in a location or in close proximity to
a location where the offender lives or is employed, or which the offender visits or is likely
to visit on a regular basis, other than the location of the offender's outpatient treatment
program; and
(2) the types of interaction which ordinarily occur at that location and other circumstances
indicate that contact with the offender is reasonably certain.
(d) A law enforcement agency or official who discloses information under this subdivision
shall make a good faith effort to make the notification within 14 days of receipt of a
confirmed address from the Department of Corrections indicating that the offender will be,
or has been, released from confinement, or accepted for supervision, or has moved to a new
address and will reside at the address indicated. If a change occurs in the release plan, this
notification provision does not require an extension of the release date.
(e) A law enforcement agency or official who discloses information under this subdivision
shall not disclose the identity or any identifying characteristics of the victims of or witnesses
to the offender's offenses.
(f) A law enforcement agency shall continue to disclose information on an offender as
required by this subdivision for as long as the offender is required to register under section
243.166. This requirement on a law enforcement agency to continue to disclose information
also applies to an offender who lacks a primary address and is registering under section
243.166, subdivision 3a.
(g) A law enforcement agency that is disclosing information on an offender assigned to
risk level III to the public under this subdivision shall inform the commissioner of corrections
what information is being disclosed and forward this information to the commissioner within
two days of the agency's determination. The commissioner shall post this information on
the Internet as required in subdivision 4b.
(h) A city council may adopt a policy that addresses when information disclosed under
this subdivision must be presented in languages in addition to English. The policy may
address when information must be presented orally, in writing, or both in additional languages
by the law enforcement agency disclosing the information. The policy may provide for
different approaches based on the prevalence of non-English languages in different
neighborhoods.
(i) An offender who is the subject of a community notification meeting held pursuant
to this section may not attend the meeting.
(j) When a school, day care facility, or other entity or program that primarily educates
or serves children receives notice under paragraph (b), clause (3), that a level III predatory
offender resides or works in the surrounding community, notice to parents must be made
as provided in this paragraph. If the predatory offender identified in the notice is participating
in programs offered by the facility that require or allow the person to interact with children
other than the person's children, the principal or head of the entity must notify parents with
children at the facility of the contents of the notice received pursuant to this section. The
immunity provisions of subdivision 7 apply to persons disclosing information under this
paragraph.
(k) When an offender for whom notification was made under this subdivision no longer
resides, is employed, or is regularly found in the area, and the law enforcement agency that
made the notification is aware of this, the agency shall inform the entities and individuals
initially notified of the change in the offender's status. If notification was made under
paragraph (b), clause (3), the agency shall provide the updated information required under
this paragraph in a manner designed to ensure a similar scope of dissemination. However,
the agency is not required to hold a public meeting to do so.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 28.
Minnesota Statutes 2024, section 245.50, subdivision 2, is amended to read:
Subd. 2.
Purpose and authority.
(a) The purpose of this section is to enable appropriate
treatment or detoxification services to be provided to individuals, across state lines from
the individual's state of residence, in qualified facilities that are closer to the homes of
individuals than are facilities available in the individual's home state.
(b) Unless prohibited by another law and subject to the exceptions listed in subdivision
3, a county board deleted text begin ordeleted text end new text begin ,new text end the commissioner of human servicesnew text begin , or the Direct Care and Treatment
executive boardnew text end may contract with an agency or facility in a bordering state for mental
health, chemical health, or detoxification services for residents of Minnesota, and a Minnesota
mental health, chemical health, or detoxification agency or facility may contract to provide
services to residents of bordering states. Except as provided in subdivision 5, a person who
receives services in another state under this section is subject to the laws of the state in
which services are provided. A person who will receive services in another state under this
section must be informed of the consequences of receiving services in another state, including
the implications of the differences in state laws, to the extent the individual will be subject
to the laws of the receiving state.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 29.
Minnesota Statutes 2024, section 245.52, is amended to read:
245.52 deleted text begin COMMISSIONER OF HUMAN SERVICESdeleted text end new text begin CHIEF EXECUTIVE
OFFICER OF DIRECT CARE AND TREATMENTnew text end AS COMPACT
ADMINISTRATOR.
The deleted text begin commissioner of human servicesdeleted text end new text begin chief executive officer of Direct Care and Treatmentnew text end
is hereby designated as "compact administrator." The deleted text begin commissionerdeleted text end new text begin chief executive officernew text end
shall have the powers and duties specified in the compact, and may, in the name of the state
of Minnesota, subject to the approval of the attorney general as to form and legality, enter
into such agreements authorized by the compact as the deleted text begin commissionerdeleted text end new text begin chief executive officernew text end
deems appropriate to effecting the purpose of the compact. The deleted text begin commissionerdeleted text end new text begin chief executive
officernew text end shall, within the limits of the appropriations for the care of persons with mental
illness or developmental disabilities, authorize such payments as are necessary to discharge
any financial obligations imposed upon this state by the compact or any agreement entered
into under the compact.
If the patient has no established residence in a Minnesota county, the commissioner new text begin of
human services new text end shall designate the county of financial responsibility for the purposes of
carrying out the provisions of the Interstate Compact on Mental Health as it pertains to
patients being transferred to Minnesota. The commissionernew text begin of human servicesnew text end shall designate
the county which is the residence of the person in Minnesota who initiates the earliest written
request for the patient's transfer.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 30.
Minnesota Statutes 2024, section 245.91, subdivision 2, is amended to read:
Subd. 2.
Agency.
"Agency" means the divisions, officials, or employees of the state
Departments of Human Services, deleted text begin Direct Care and Treatment,deleted text end Health, and Educationdeleted text begin ,deleted text end new text begin ; of
Direct Care and Treatment;new text end and of local school districts and designated county social service
agencies as defined in section 256G.02, subdivision 7, that are engaged in monitoring,
providing, or regulating services or treatment for mental illness, developmental disability,
substance use disorder, or emotional disturbance.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 31.
Minnesota Statutes 2024, section 246.585, is amended to read:
246.585 CRISIS SERVICES.
Within the limits of appropriations, state-operated regional technical assistance must be
available in each region to assist counties, new text begin Tribal Nations, new text end residential and deleted text begin day programming
staffdeleted text end new text begin vocational service providersnew text end , deleted text begin anddeleted text end familiesnew text begin , and persons with disabilitiesnew text end to prevent or
resolve crises that could lead to a deleted text begin change in placementdeleted text end new text begin person moving to a less integrated
settingnew text end . deleted text begin Crisis capacity must be provided on all regional treatment center campuses serving
persons with developmental disabilities.deleted text end In addition, crisis capacity may be developed to
serve 16 persons in the Twin Cities metropolitan area. deleted text begin Technical assistance and consultation
must also be available in each region to providers and counties.deleted text end Staff must be available to
provide:
(1) individual assessments;
(2) program plan development and implementation assistance;
(3) analysis of service delivery problems; and
(4) assistance with transition planning, including technical assistance to countiesnew text begin , Tribal
Nations,new text end and new text begin service new text end providers to develop new services, site the new services, and assist
with community acceptance.
Sec. 32.
Minnesota Statutes 2024, section 246C.06, subdivision 11, is amended to read:
Subd. 11.
Rulemaking.
(a) The executive board is authorized to adopt, amend, and
repeal rules in accordance with chapter 14 to the extent necessary to implement this chapter
or any responsibilities of Direct Care and Treatment specified in state law.new text begin The 18-month
time limit under section 14.125 does not apply to the rulemaking authority under this
subdivision.
new text end
(b) Until July 1, 2027, the executive board may adopt rules using the expedited
rulemaking process in section 14.389.
(c) In accordance with section 15.039, all orders, rules, delegations, permits, and other
privileges issued or granted by the Department of Human Services with respect to any
function of Direct Care and Treatment and in effect at the time of the establishment of Direct
Care and Treatment shall continue in effect as if such establishment had not occurred. The
executive board may amend or repeal rules applicable to Direct Care and Treatment that
were established by the Department of Human Services in accordance with chapter 14.
(d) The executive board must not adopt rules that go into effect or enforce rules prior
to July 1, 2025.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective retroactively from July 1, 2024.
new text end
Sec. 33.
Minnesota Statutes 2024, section 246C.12, subdivision 6, is amended to read:
Subd. 6.
deleted text begin Dissemination ofdeleted text end Admission and stay criterianew text begin ; disseminationnew text end .
new text begin
(a) The
executive board shall establish standard admission and continued-stay criteria for
state-operated services facilities to ensure that appropriate services are provided in the least
restrictive setting.
new text end
new text begin (b) new text end The executive board shall periodically disseminate criteria for admission and
continued stay in a state-operated services facility. The executive board shall disseminate
the criteria to the courts of the state and counties.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 34.
Minnesota Statutes 2024, section 246C.20, is amended to read:
246C.20 CONTRACT WITH DEPARTMENT OF HUMAN SERVICES FOR
ADMINISTRATIVE SERVICES.
(a) Direct Care and Treatment shall contract with the Department of Human Services
to provide determinations on issues of county of financial responsibility under chapter 256G
and to provide administrative and judicial review of direct care and treatment matters
according to section 256.045.
(b) The executive board may prescribe rules necessary to carry out this deleted text begin subdivisiondeleted text end new text begin
sectionnew text end , except that the executive board must not create any rule purporting to control the
decision making or processes of state human services judges under section 256.045,
subdivision 4, or the decision making or processes of the commissioner of human services
issuing an advisory opinion or recommended order to the executive board under section
256G.09, subdivision 3. The executive board must not create any rule purporting to control
processes for determinations of financial responsibility under chapter 256G or administrative
and judicial review under section 256.045 on matters outside of the jurisdiction of Direct
Care and Treatment.
(c) The executive board and commissioner of human services may adopt joint rules
necessary to accomplish the purposes of this section.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 35.
new text begin
[246C.21] INTERVIEW EXPENSES.
new text end
new text begin
Job applicants for professional, administrative, or highly technical positions recruited
by the Direct Care and Treatment executive board may be reimbursed for necessary travel
expenses to and from interviews arranged by the Direct Care and Treatment executive board.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 36.
new text begin
[246C.211] FEDERAL GRANTS FOR MINNESOTA INDIANS.
new text end
new text begin
The Direct Care and Treatment executive board is authorized to enter into contracts with
the United States Departments of Health and Human Services; Education; and Interior,
Bureau of Indian Affairs, for the purposes of receiving federal grants for the welfare and
relief of Minnesota Indians.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 37.
Minnesota Statutes 2024, section 252.291, subdivision 3, is amended to read:
Subd. 3.
Duties of commissioner of human services.
The commissioner shall:
(1) establish deleted text begin standard admission criteria for state hospitals anddeleted text end county utilization targets
to limit and reduce the number of intermediate care beds in state hospitals and community
facilities in accordance with approved waivers under United States Code, title 42, sections
1396 to 1396p, as amended through December 31, 1987, to deleted text begin assuredeleted text end new text begin ensurenew text end that appropriate
services are provided in the least restrictive setting;
(2) define services, including respite care, that may be needed in meeting individual
service plan objectives;
(3) provide technical assistance so that county boards may establish a request for proposal
system for meeting individual service plan objectives through home and community-based
services; alternative community services; or, if no other alternative will meet the needs of
identifiable individuals for whom the county is financially responsible, a new intermediate
care facility for persons with developmental disabilities;
(4) establish a client tracking and evaluation system as required under applicable federal
waiver regulations, Code of Federal Regulations, title 42, sections 431, 435, 440, and 441,
as amended through December 31, 1987; and
(5) develop a state plan for the delivery and funding of residential day and support
services to persons with developmental disabilities in Minnesota. The biennial developmental
disability plan shall include but not be limited to:
(i) county by county maximum intermediate care bed utilization quotas;
(ii) plans for the development of the number and types of services alternative to
intermediate care beds;
(iii) procedures for the administration and management of the plan;
(iv) procedures for the evaluation of the implementation of the plan; and
(v) the number, type, and location of intermediate care beds targeted for decertification.
The commissioner shall modify the plan to ensure conformance with the medical
assistance home and community-based services waiver.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 38.
Minnesota Statutes 2024, section 252.50, subdivision 5, is amended to read:
Subd. 5.
Location of programs.
(a) In determining the location of state-operated,
community-based programs, the needs of the individual client shall be paramount. The
executive board shall also take into account:
(1) prioritization of deleted text begin bedsdeleted text end new text begin servicesnew text end in state-operated, community-based programs for
individuals with complex behavioral needs that cannot be met by private community-based
providers;
(2) choices made by individuals who chose to move to a more integrated setting, and
shall coordinate with the lead agency to ensure that appropriate person-centered transition
plans are created;
(3) the personal preferences of the persons being served and their families as determined
by Minnesota Rules, parts 9525.0004 to 9525.0036;
(4) the location of the support services established by the individual service plans of the
persons being served;
(5) the appropriate grouping of the persons served;
(6) the availability of qualified staff;
(7) the need for state-operated, community-based programs in the geographical region
of the state; and
(8) a reasonable commuting distance from a regional treatment center or the residences
of the program staff.
(b) The executive board must locate state-operated, community-based programs in
coordination with the commissioner of human services according to section 252.28.
Sec. 39.
Minnesota Statutes 2024, section 253B.07, subdivision 2b, is amended to read:
Subd. 2b.
Apprehend and hold orders.
(a) The court may order the treatment facility
or state-operated treatment program to hold the proposed patient or direct a health officer,
peace officer, or other person to take the proposed patient into custody and transport the
proposed patient to a treatment facility or state-operated treatment program for observation,
evaluation, diagnosis, care, treatment, and, if necessary, confinement, when:
(1) there has been a particularized showing by the petitioner that serious physical harm
to the proposed patient or others is likely unless the proposed patient is immediately
apprehended;
(2) the proposed patient has not voluntarily appeared for the examination or the
commitment hearing pursuant to the summons; or
(3) a person is held pursuant to section 253B.051 and a request for a petition for
commitment has been filed.
(b) The order of the court may be executed on any day and at any time by the use of all
necessary means including the imposition of necessary restraint upon the proposed patient.
Where possible, a peace officer taking the proposed patient into custody pursuant to this
subdivision shall not be in uniform and shall not use a vehicle visibly marked as a law
enforcement vehicle. Except as provided in section 253D.10, subdivision 2, in the case of
an individual on a judicial hold due to a petition for civil commitment under chapter 253D,
assignment of custody during the hold is to the deleted text begin commissionerdeleted text end new text begin executive boardnew text end . The
deleted text begin commissionerdeleted text end new text begin executive boardnew text end is responsible for determining the appropriate placement
within a secure treatment facility under the authority of the deleted text begin commissionerdeleted text end new text begin executive boardnew text end .
(c) A proposed patient must not be allowed or required to consent to nor participate in
a clinical drug trial while an order is in effect under this subdivision. A consent given while
an order is in effect is void and unenforceable. This paragraph does not prohibit a patient
from continuing participation in a clinical drug trial if the patient was participating in the
clinical drug trial at the time the order was issued under this subdivision.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 40.
Minnesota Statutes 2024, section 253B.09, subdivision 3a, is amended to read:
Subd. 3a.
Reporting judicial commitments; private treatment program or
facility.
Notwithstanding section 253B.23, subdivision 9, when a court commits a patient
to a non-state-operated treatment facility or program, the court shall report the commitment
to the deleted text begin commissionerdeleted text end new text begin executive boardnew text end through the supreme court information system for
purposes of providing commitment information for firearm background checks under section
246C.15. If the patient is committed to a state-operated treatment program, the court shall
send a copy of the commitment order to deleted text begin the commissioner anddeleted text end the executive board.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 41.
Minnesota Statutes 2024, section 253B.10, subdivision 1, is amended to read:
Subdivision 1.
Administrative requirements.
(a) When a person is committed, the
court shall issue a warrant or an order committing the patient to the custody of the head of
the treatment facility, state-operated treatment program, or community-based treatment
program. The warrant or order shall state that the patient meets the statutory criteria for
civil commitment.
(b) The executive board shall prioritize civilly committed patients being admitted from
jail or a correctional institution or who are referred to a state-operated treatment facility for
competency attainment or a competency examination under sections 611.40 to 611.59 for
admission to a medically appropriate state-operated direct care and treatment bed based on
the decisions of physicians in the executive medical director's office, using a priority
admissions framework. The framework must account for a range of factors for priority
admission, including but not limited to:
(1) the length of time the person has been on a waiting list for admission to a
state-operated direct care and treatment program since the date of the order under paragraph
(a), or the date of an order issued under sections 611.40 to 611.59;
(2) the intensity of the treatment the person needs, based on medical acuity;
(3) the person's revoked provisional discharge status;
(4) the person's safety and safety of others in the person's current environment;
(5) whether the person has access to necessary or court-ordered treatment;
(6) distinct and articulable negative impacts of an admission delay on the facility referring
the individual for treatment; and
(7) any relevant federal prioritization requirements.
Patients described in this paragraph must be admitted to a state-operated treatment program
within deleted text begin 48 hoursdeleted text end new text begin the timelines specified in section 253B.1005new text end . The commitment must be
ordered by the court as provided in section 253B.09, subdivision 1, paragraph (d). Patients
committed to a secure treatment facility or less restrictive setting as ordered by the court
under section 253B.18, subdivisions 1 and 2, must be prioritized for admission to a
state-operated treatment program using the priority admissions framework in this paragraph.
(c) Upon the arrival of a patient at the designated treatment facility, state-operated
treatment program, or community-based treatment program, the head of the facility or
program shall retain the duplicate of the warrant and endorse receipt upon the original
warrant or acknowledge receipt of the order. The endorsed receipt or acknowledgment must
be filed in the court of commitment. After arrival, the patient shall be under the control and
custody of the head of the facility or program.
(d) Copies of the petition for commitment, the court's findings of fact and conclusions
of law, the court order committing the patient, the report of the court examiners, and the
prepetition report, and any medical and behavioral information available shall be provided
at the time of admission of a patient to the designated treatment facility or program to which
the patient is committed. Upon a patient's referral to the executive board for admission
pursuant to subdivision 1, paragraph (b), any inpatient hospital, treatment facility, jail, or
correctional facility that has provided care or supervision to the patient in the previous two
years shall, when requested by the treatment facility or executive board, provide copies of
the patient's medical and behavioral records to the executive board for purposes of
preadmission planning. This information shall be provided by the head of the treatment
facility to treatment facility staff in a consistent and timely manner and pursuant to all
applicable laws.
(e) deleted text begin Patients described in paragraph (b) must be admitted to a state-operated treatment
program within 48 hours of the Office of Executive Medical Director, under section 246C.09,
or a designee determining that a medically appropriate bed is available. This paragraph
expires on June 30, 2025.
deleted text end
deleted text begin (f)deleted text end Within four business days of determining which state-operated direct care and
treatment program or programs are appropriate for an individual, the executive medical
director's office or a designee must notify the source of the referral and the responsible
county human services agency, the individual being ordered to direct care and treatment,
and the district court that issued the order of the determination. The notice shall include
which program or programs are appropriate for the person's priority status. Any interested
person may provide additional information or request updated priority status about the
individual to the executive medical director's office or a designee while the individual is
awaiting admission. Updated Priority status of an individual will only be disclosed to
interested persons who are legally authorized to receive private information about the
individual. When an available bed has been identified, the executive medical director's
office or a designee must notify the designated agency and the facility where the individual
is awaiting admission that the individual has been accepted for admission to a particular
state-operated direct care and treatment program and the earliest possible date the admission
can occur. The designated agency or facility where the individual is awaiting admission
must transport the individual to the admitting state-operated direct care and treatment
program no more than 48 hours after the offered admission date.
Sec. 42.
new text begin
[253B.1005] ADMISSION TIMELINES.
new text end
new text begin Subdivision 1. new text end
new text begin Admission required within 48 hours. new text end
new text begin
Unless required otherwise under
this section, patients described in section 253B.10, subdivision 1, paragraph (b), must be
admitted to a state-operated treatment program within 48 hours.
new text end
new text begin Subd. 2. new text end
new text begin Temporary alternative admission timeline. new text end
new text begin
Patients described in section
253B.10, subdivision 1, paragraph (b), must be admitted to a state-operated treatment
program within 48 hours of the Office of Executive Medical Director, under section 246C.09,
or a designee determining that a medically appropriate bed is available. This subdivision
expires on June 30, 2027.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 43.
Minnesota Statutes 2024, section 253B.141, subdivision 2, is amended to read:
Subd. 2.
Apprehension; return to facility or program.
(a) Upon receiving the report
of absence from the head of the treatment facility, state-operated treatment program, or
community-based treatment program or the committing court, a patient may be apprehended
and held by a peace officer in any jurisdiction pending return to the facility or program from
which the patient is absent without authorization. A patient may also be returned to any
state-operated treatment program or any other treatment facility or community-based
treatment program willing to accept the person. A person who has a mental illness and is
dangerous to the public and detained under this subdivision may be held in a jail or lockup
only if:
(1) there is no other feasible place of detention for the patient;
(2) the detention is for less than 24 hours; and
(3) there are protections in place, including segregation of the patient, to ensure the
safety of the patient.
(b) If a patient is detained under this subdivision, the head of the facility or program
from which the patient is absent shall arrange to pick up the patient within 24 hours of the
time detention was begun and shall be responsible for securing transportation for the patient
to the facility or program. The expense of detaining and transporting a patient shall be the
responsibility of the facility or program from which the patient is absent. The expense of
detaining and transporting a patient to a state-operated treatment program shall be paid by
the deleted text begin commissionerdeleted text end new text begin executive boardnew text end unless paid by the patient or persons on behalf of the
patient.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 44.
Minnesota Statutes 2024, section 253B.18, subdivision 6, is amended to read:
Subd. 6.
Transfer.
(a) A patient who is a person who has a mental illness and is
dangerous to the public shall not be transferred out of a secure treatment facility unless it
appears to the satisfaction of the executive board, after a hearing and favorable
recommendation by a majority of the special review board, that the transfer is appropriate.
Transfer may be to another state-operated treatment program. In those instances where a
commitment also exists to the Department of Corrections, transfer may be to a facility
designated by the commissioner of corrections.
(b) The following factors must be considered in determining whether a transfer is
appropriate:
(1) the person's clinical progress and present treatment needs;
(2) the need for security to accomplish continuing treatment;
(3) the need for continued institutionalization;
(4) which facility can best meet the person's needs; and
(5) whether transfer can be accomplished with a reasonable degree of safety for the
public.
(c) If a committed person has been transferred out of a secure treatment facility pursuant
to this subdivision, that committed person may voluntarily return to a secure treatment
facility for a period of up to 60 days with the consent of the head of the treatment facility.
(d) If the committed person is not returned to the original, nonsecure transfer facility
within 60 days of being readmitted to a secure treatment facility, the transfer is revoked and
the committed person must remain in a secure treatment facility. The committed person
must immediately be notified in writing of the revocation.
(e) Within 15 days of receiving notice of the revocation, the committed person may
petition the special review board for a review of the revocation. The special review board
shall review the circumstances of the revocation and shall recommend to the deleted text begin commissionerdeleted text end new text begin
executive boardnew text end whether or not the revocation should be upheld. The special review board
may also recommend a new transfer at the time of the revocation hearing.
(f) No action by the special review board is required if the transfer has not been revoked
and the committed person is returned to the original, nonsecure transfer facility with no
substantive change to the conditions of the transfer ordered under this subdivision.
(g) The head of the treatment facility may revoke a transfer made under this subdivision
and require a committed person to return to a secure treatment facility if:
(1) remaining in a nonsecure setting does not provide a reasonable degree of safety to
the committed person or others; or
(2) the committed person has regressed clinically and the facility to which the committed
person was transferred does not meet the committed person's needs.
(h) Upon the revocation of the transfer, the committed person must be immediately
returned to a secure treatment facility. A report documenting the reasons for revocation
must be issued by the head of the treatment facility within seven days after the committed
person is returned to the secure treatment facility. Advance notice to the committed person
of the revocation is not required.
(i) The committed person must be provided a copy of the revocation report and informed,
orally and in writing, of the rights of a committed person under this section. The revocation
report must be served upon the committed person, the committed person's counsel, and the
designated agency. The report must outline the specific reasons for the revocation, including
but not limited to the specific facts upon which the revocation is based.
(j) If a committed person's transfer is revoked, the committed person may re-petition for
transfer according to subdivision 5.
(k) A committed person aggrieved by a transfer revocation decision may petition the
special review board within seven business days after receipt of the revocation report for a
review of the revocation. The matter must be scheduled within 30 days. The special review
board shall review the circumstances leading to the revocation and, after considering the
factors in paragraph (b), shall recommend to the deleted text begin commissionerdeleted text end new text begin executive boardnew text end whether or
not the revocation shall be upheld. The special review board may also recommend a new
transfer out of a secure treatment facility at the time of the revocation hearing.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 45.
Minnesota Statutes 2024, section 253B.19, subdivision 2, is amended to read:
Subd. 2.
Petition; hearing.
(a) A patient committed as a person who has a mental illness
and is dangerous to the public under section 253B.18, or the county attorney of the county
from which the patient was committed or the county of financial responsibility, may petition
the judicial appeal panel for a rehearing and reconsideration of a decision by the
deleted text begin commissionerdeleted text end new text begin executive boardnew text end under section 253B.18, subdivision 5. The judicial appeal
panel must not consider petitions for relief other than those considered by the executive
board from which the appeal is taken. The petition must be filed with the supreme court
within 30 days after the decision of the executive board is signed. The hearing must be held
within 45 days of the filing of the petition unless an extension is granted for good cause.
(b) For an appeal under paragraph (a), the supreme court shall refer the petition to the
chief judge of the judicial appeal panel. The chief judge shall notify the patient, the county
attorney of the county of commitment, the designated agency, the executive board, the head
of the facility or program to which the patient was committed, any interested person, and
other persons the chief judge designates, of the time and place of the hearing on the petition.
The notice shall be given at least 14 days prior to the date of the hearing.
(c) Any person may oppose the petition. The patient, the patient's counsel, the county
attorney of the committing county or the county of financial responsibility, and the executive
board shall participate as parties to the proceeding pending before the judicial appeal panel
and shall, except when the patient is committed solely as a person who has a mental illness
and is dangerous to the public, no later than 20 days before the hearing on the petition,
inform the judicial appeal panel and the opposing party in writing whether they support or
oppose the petition and provide a summary of facts in support of their position. The judicial
appeal panel may appoint court examiners and may adjourn the hearing from time to time.
It shall hear and receive all relevant testimony and evidence and make a record of all
proceedings. The patient, the patient's counsel, and the county attorney of the committing
county or the county of financial responsibility have the right to be present and may present
and cross-examine all witnesses and offer a factual and legal basis in support of their
positions. The petitioning party seeking discharge or provisional discharge bears the burden
of going forward with the evidence, which means presenting a prima facie case with
competent evidence to show that the person is entitled to the requested relief. If the petitioning
party has met this burden, the party opposing discharge or provisional discharge bears the
burden of proof by clear and convincing evidence that the discharge or provisional discharge
should be denied. A party seeking transfer under section 253B.18, subdivision 6, must
establish by a preponderance of the evidence that the transfer is appropriate.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 46.
Minnesota Statutes 2024, section 253D.29, subdivision 1, is amended to read:
Subdivision 1.
Factors.
(a) A person who is committed as a sexually dangerous person
or a person with a sexual psychopathic personality shall not be transferred out of a secure
treatment facility unless the transfer is appropriate. Transfer may be to deleted text begin other treatment
programsdeleted text end new text begin a facilitynew text end under the control of the executive board.
(b) The following factors must be considered in determining whether a transfer is
appropriate:
(1) the person's clinical progress and present treatment needs;
(2) the need for security to accomplish continuing treatment;
(3) the need for continued institutionalization;
(4) which deleted text begin other treatment programdeleted text end new text begin facilitynew text end can best meet the person's needs; and
(5) whether transfer can be accomplished with a reasonable degree of safety for the
public.
Sec. 47.
Minnesota Statutes 2024, section 253D.29, subdivision 2, is amended to read:
Subd. 2.
Voluntary readmission to a secure treatment facility.
(a) After a committed
person has been transferred out of a secure treatment facility pursuant to subdivision 1 and
with the consent of the executive director, a committed person may voluntarily return to a
secure treatment facility for a period of up to 60 days.
(b) If the committed person is not returned to the deleted text begin other treatment programdeleted text end new text begin secure treatment
facilitynew text end to which the person was originally transferred pursuant to subdivision 1 within 60
days of being readmitted to a secure treatment facility under this subdivision, the transfer
to the deleted text begin other treatment programdeleted text end new text begin secure treatment facilitynew text end under subdivision 1 is revoked and
the committed person shall remain in a secure treatment facility. The committed person
shall immediately be notified in writing of the revocation.
(c) Within 15 days of receiving notice of the revocation, the committed person may
petition the special review board for a review of the revocation. The special review board
shall review the circumstances of the revocation and shall recommend to the judicial appeal
panel whether or not the revocation shall be upheld. The special review board may also
recommend a new transfer at the time of the revocation hearing.
(d) If the transfer has not been revoked and the committed person is to be returned to
the deleted text begin other treatment programdeleted text end new text begin facilitynew text end to which the committed person was originally transferred
pursuant to subdivision 1 with no substantive change to the conditions of the transfer ordered
pursuant to subdivision 1, no action by the special review board or judicial appeal panel is
required.
Sec. 48.
Minnesota Statutes 2024, section 253D.29, subdivision 3, is amended to read:
Subd. 3.
Revocation.
(a) The executive director may revoke a transfer made pursuant
to subdivision 1 and require a committed person to return to a secure treatment facility if:
(1) remaining in a nonsecure setting will not provide a reasonable degree of safety to
the committed person or others; or
(2) the committed person has regressed in clinical progress so that the deleted text begin other treatment
programdeleted text end new text begin facilitynew text end to which the committed person was transferred is no longer sufficient to
meet the committed person's needs.
(b) Upon the revocation of the transfer, the committed person shall be immediately
returned to a secure treatment facility. A report documenting reasons for revocation shall
be issued by the executive director within seven days after the committed person is returned
to the secure treatment facility. Advance notice to the committed person of the revocation
is not required.
(c) The committed person must be provided a copy of the revocation report and informed,
orally and in writing, of the rights of a committed person under this section. The revocation
report shall be served upon the committed person and the committed person's counsel. The
report shall outline the specific reasons for the revocation including, but not limited to, the
specific facts upon which the revocation is based.
(d) If a committed person's transfer is revoked, the committed person may re-petition
for transfer according to section 253D.27.
(e) Any committed person aggrieved by a transfer revocation decision may petition the
special review board within seven days, exclusive of Saturdays, Sundays, and legal holidays,
after receipt of the revocation report for a review of the revocation. The matter shall be
scheduled within 30 days. The special review board shall review the circumstances leading
to the revocation and, after considering the factors in subdivision 1, paragraph (b), shall
recommend to the judicial appeal panel whether or not the revocation shall be upheld. The
special review board may also recommend a new transfer out of a secure treatment facility
at the time of the revocation hearing.
Sec. 49.
Minnesota Statutes 2024, section 253D.30, subdivision 4, is amended to read:
Subd. 4.
Voluntary readmission.
(a) With the consent of the executive director, a
committed person may voluntarily return to deleted text begin the Minnesota Sex Offender Programdeleted text end new text begin a secure
treatment facilitynew text end from provisional discharge for a period of up to 60 days.
(b) If the committed person is not returned to provisional discharge status within 60 days
of being readmitted to deleted text begin the Minnesota Sex Offender Programdeleted text end new text begin a secure treatment facilitynew text end , the
provisional discharge is revoked. The committed person shall immediately be notified of
the revocation in writing. Within 15 days of receiving notice of the revocation, the committed
person may request a review of the matter before the special review board. The special
review board shall review the circumstances of the revocation and, after applying the
standards in subdivision 5, paragraph (a), shall recommend to the judicial appeal panel
whether or not the revocation shall be upheld. The board may recommend a return to
provisional discharge status.
(c) If the provisional discharge has not been revoked and the committed person is to be
returned to provisional discharge, deleted text begin the Minnesota Sex Offender Program is not required to
petition for a further review by the special review boarddeleted text end new text begin no action by the special review
board or judicial appeal panel is requirednew text end unless the committed person's return to the
community results in substantive change to the existing provisional discharge plan.
Sec. 50.
Minnesota Statutes 2024, section 253D.30, subdivision 5, is amended to read:
Subd. 5.
Revocation.
(a) The executive director may revoke a provisional discharge if
either of the following grounds exist:
(1) the committed person has departed from the conditions of the provisional discharge
plan; or
(2) the committed person is exhibiting behavior which may be dangerous to self or
others.
(b) The executive director may revoke the provisional discharge and, either orally or in
writing, order that the committed person be immediately returned to a secure treatment
facility deleted text begin or other treatment programdeleted text end . A report documenting reasons for revocation shall be
issued by the executive director within seven days after the committed person is returned
to the secure treatment facility deleted text begin or other treatment programdeleted text end . Advance notice to the committed
person of the revocation is not required.
(c) The committed person must be provided a copy of the revocation report and informed,
orally and in writing, of the rights of a committed person under this section. The revocation
report shall be served upon the committed person, the committed person's counsel, and the
county attorneys of the county of commitment and the county of financial responsibility.
The report shall outline the specific reasons for the revocation, including but not limited to
the specific facts upon which the revocation is based.
(d) An individual who is revoked from provisional discharge must successfully re-petition
the special review board and judicial appeal panel prior to being placed back on provisional
discharge.
Sec. 51.
Minnesota Statutes 2024, section 256.01, subdivision 2, is amended to read:
Subd. 2.
Specific powers.
Subject to the provisions of section 241.021, subdivision 2,
the commissioner of human services shall carry out the specific duties in paragraphs (a)
through (bb):
(a) Administer and supervise the forms of public assistance provided for by state law
and other welfare activities or services that are vested in the commissioner. Administration
and supervision of human services activities or services includes, but is not limited to,
assuring timely and accurate distribution of benefits, completeness of service, and quality
program management. In addition to administering and supervising human services activities
vested by law in the department, the commissioner shall have the authority to:
(1) require county agency participation in training and technical assistance programs to
promote compliance with statutes, rules, federal laws, regulations, and policies governing
human services;
(2) monitor, on an ongoing basis, the performance of county agencies in the operation
and administration of human services, enforce compliance with statutes, rules, federal laws,
regulations, and policies governing welfare services and promote excellence of administration
and program operation;
(3) develop a quality control program or other monitoring program to review county
performance and accuracy of benefit determinations;
(4) require county agencies to make an adjustment to the public assistance benefits issued
to any individual consistent with federal law and regulation and state law and rule and to
issue or recover benefits as appropriate;
(5) delay or deny payment of all or part of the state and federal share of benefits and
administrative reimbursement according to the procedures set forth in section 256.017;
(6) make contracts with and grants to public and private agencies and organizations,
both profit and nonprofit, and individuals, using appropriated funds; and
(7) enter into contractual agreements with federally recognized Indian Tribes with a
reservation in Minnesota to the extent necessary for the Tribe to operate a federally approved
family assistance program or any other program under the supervision of the commissioner.
The commissioner shall consult with the affected county or counties in the contractual
agreement negotiations, if the county or counties wish to be included, in order to avoid the
duplication of county and Tribal assistance program services. The commissioner may
establish necessary accounts for the purposes of receiving and disbursing funds as necessary
for the operation of the programs.
The commissioner shall work in conjunction with the commissioner of children, youth, and
families to carry out the duties of this paragraph when necessary and feasible.
(b) Inform county agencies, on a timely basis, of changes in statute, rule, federal law,
regulation, and policy necessary to county agency administration of the programs.
(c) Administer and supervise all noninstitutional service to persons with disabilities,
including persons who have vision impairments, and persons who are deaf, deafblind, and
hard-of-hearing or with other disabilities. The commissioner may provide and contract for
the care and treatment of qualified indigent children in facilities other than those located
and available at state hospitals new text begin operated by the executive board new text end when it is not feasible to
provide the service in state hospitalsnew text begin operated by the executive boardnew text end .
(d) Assist and actively cooperate with other departments, agencies and institutions, local,
state, and federal, by performing services in conformity with the purposes of Laws 1939,
chapter 431.
(e) Act as the agent of and cooperate with the federal government in matters of mutual
concern relative to and in conformity with the provisions of Laws 1939, chapter 431,
including the administration of any federal funds granted to the state to aid in the performance
of any functions of the commissioner as specified in Laws 1939, chapter 431, and including
the promulgation of rules making uniformly available medical care benefits to all recipients
of public assistance, at such times as the federal government increases its participation in
assistance expenditures for medical care to recipients of public assistance, the cost thereof
to be borne in the same proportion as are grants of aid to said recipients.
(f) Establish and maintain any administrative units reasonably necessary for the
performance of administrative functions common to all divisions of the department.
(g) Act as designated guardian of both the estate and the person of all the wards of the
state of Minnesota, whether by operation of law or by an order of court, without any further
act or proceeding whatever, except as to persons committed as developmentally disabled.
(h) Act as coordinating referral and informational center on requests for service for
newly arrived immigrants coming to Minnesota.
(i) The specific enumeration of powers and duties as hereinabove set forth shall in no
way be construed to be a limitation upon the general transfer of powers herein contained.
(j) Establish county, regional, or statewide schedules of maximum fees and charges
which may be paid by county agencies for medical, dental, surgical, hospital, nursing and
nursing home care and medicine and medical supplies under all programs of medical care
provided by the state and for congregate living care under the income maintenance programs.
(k) Have the authority to conduct and administer experimental projects to test methods
and procedures of administering assistance and services to recipients or potential recipients
of public welfare. To carry out such experimental projects, it is further provided that the
commissioner of human services is authorized to waive the enforcement of existing specific
statutory program requirements, rules, and standards in one or more counties. The order
establishing the waiver shall provide alternative methods and procedures of administration,
shall not be in conflict with the basic purposes, coverage, or benefits provided by law, and
in no event shall the duration of a project exceed four years. It is further provided that no
order establishing an experimental project as authorized by the provisions of this section
shall become effective until the following conditions have been met:
(1) the United States Secretary of Health and Human Services has agreed, for the same
project, to waive state plan requirements relative to statewide uniformity; and
(2) a comprehensive plan, including estimated project costs, shall be approved by the
Legislative Advisory Commission and filed with the commissioner of administration.
(l) According to federal requirements and in coordination with the commissioner of
children, youth, and families, establish procedures to be followed by local welfare boards
in creating citizen advisory committees, including procedures for selection of committee
members.
(m) Allocate federal fiscal disallowances or sanctions which are based on quality control
error rates for medical assistance in the following manner:
(1) one-half of the total amount of the disallowance shall be borne by the county boards
responsible for administering the programs. Disallowances shall be shared by each county
board in the same proportion as that county's expenditures for the sanctioned program are
to the total of all counties' expenditures for medical assistance. Each county shall pay its
share of the disallowance to the state of Minnesota. When a county fails to pay the amount
due hereunder, the commissioner may deduct the amount from reimbursement otherwise
due the county, or the attorney general, upon the request of the commissioner, may institute
civil action to recover the amount due; and
(2) notwithstanding the provisions of clause (1), if the disallowance results from knowing
noncompliance by one or more counties with a specific program instruction, and that knowing
noncompliance is a matter of official county board record, the commissioner may require
payment or recover from the county or counties, in the manner prescribed in clause (1), an
amount equal to the portion of the total disallowance which resulted from the noncompliance,
and may distribute the balance of the disallowance according to clause (1).
(n) Develop and implement special projects that maximize reimbursements and result
in the recovery of money to the state. For the purpose of recovering state money, the
commissioner may enter into contracts with third parties. Any recoveries that result from
projects or contracts entered into under this paragraph shall be deposited in the state treasury
and credited to a special account until the balance in the account reaches $1,000,000. When
the balance in the account exceeds $1,000,000, the excess shall be transferred and credited
to the general fund. All money in the account is appropriated to the commissioner for the
purposes of this paragraph.
(o) Have the authority to establish and enforce the following county reporting
requirements:
(1) the commissioner shall establish fiscal and statistical reporting requirements necessary
to account for the expenditure of funds allocated to counties for human services programs.
When establishing financial and statistical reporting requirements, the commissioner shall
evaluate all reports, in consultation with the counties, to determine if the reports can be
simplified or the number of reports can be reduced;
(2) the county board shall submit monthly or quarterly reports to the department as
required by the commissioner. Monthly reports are due no later than 15 working days after
the end of the month. Quarterly reports are due no later than 30 calendar days after the end
of the quarter, unless the commissioner determines that the deadline must be shortened to
20 calendar days to avoid jeopardizing compliance with federal deadlines or risking a loss
of federal funding. Only reports that are complete, legible, and in the required format shall
be accepted by the commissioner;
(3) if the required reports are not received by the deadlines established in clause (2), the
commissioner may delay payments and withhold funds from the county board until the next
reporting period. When the report is needed to account for the use of federal funds and the
late report results in a reduction in federal funding, the commissioner shall withhold from
the county boards with late reports an amount equal to the reduction in federal funding until
full federal funding is received;
(4) a county board that submits reports that are late, illegible, incomplete, or not in the
required format for two out of three consecutive reporting periods is considered
noncompliant. When a county board is found to be noncompliant, the commissioner shall
notify the county board of the reason the county board is considered noncompliant and
request that the county board develop a corrective action plan stating how the county board
plans to correct the problem. The corrective action plan must be submitted to the
commissioner within 45 days after the date the county board received notice of
noncompliance;
(5) the final deadline for fiscal reports or amendments to fiscal reports is one year after
the date the report was originally due. If the commissioner does not receive a report by the
final deadline, the county board forfeits the funding associated with the report for that
reporting period and the county board must repay any funds associated with the report
received for that reporting period;
(6) the commissioner may not delay payments, withhold funds, or require repayment
under clause (3) or (5) if the county demonstrates that the commissioner failed to provide
appropriate forms, guidelines, and technical assistance to enable the county to comply with
the requirements. If the county board disagrees with an action taken by the commissioner
under clause (3) or (5), the county board may appeal the action according to sections 14.57
to 14.69; and
(7) counties subject to withholding of funds under clause (3) or forfeiture or repayment
of funds under clause (5) shall not reduce or withhold benefits or services to clients to cover
costs incurred due to actions taken by the commissioner under clause (3) or (5).
(p) Allocate federal fiscal disallowances or sanctions for audit exceptions when federal
fiscal disallowances or sanctions are based on a statewide random sample in direct proportion
to each county's claim for that period.
(q) Be responsible for ensuring the detection, prevention, investigation, and resolution
of fraudulent activities or behavior by applicants, recipients, and other participants in the
human services programs administered by the department.
(r) Require county agencies to identify overpayments, establish claims, and utilize all
available and cost-beneficial methodologies to collect and recover these overpayments in
the human services programs administered by the department.
(s) Have the authority to administer the federal drug rebate program for drugs purchased
under the medical assistance program as allowed by section 1927 of title XIX of the Social
Security Act and according to the terms and conditions of section 1927. Rebates shall be
collected for all drugs that have been dispensed or administered in an outpatient setting and
that are from manufacturers who have signed a rebate agreement with the United States
Department of Health and Human Services.
(t) Have the authority to administer a supplemental drug rebate program for drugs
purchased under the medical assistance program. The commissioner may enter into
supplemental rebate contracts with pharmaceutical manufacturers and may require prior
authorization for drugs that are from manufacturers that have not signed a supplemental
rebate contract. Prior authorization of drugs shall be subject to the provisions of section
256B.0625, subdivision 13.
(u) Operate the department's communication systems account established in Laws 1993,
First Special Session chapter 1, article 1, section 2, subdivision 2, to manage shared
communication costs necessary for the operation of the programs the commissioner
supervises. Each account must be used to manage shared communication costs necessary
for the operations of the programs the commissioner supervises. The commissioner may
distribute the costs of operating and maintaining communication systems to participants in
a manner that reflects actual usage. Costs may include acquisition, licensing, insurance,
maintenance, repair, staff time and other costs as determined by the commissioner. Nonprofit
organizations and state, county, and local government agencies involved in the operation
of programs the commissioner supervises may participate in the use of the department's
communications technology and share in the cost of operation. The commissioner may
accept on behalf of the state any gift, bequest, devise or personal property of any kind, or
money tendered to the state for any lawful purpose pertaining to the communication activities
of the department. Any money received for this purpose must be deposited in the department's
communication systems accounts. Money collected by the commissioner for the use of
communication systems must be deposited in the state communication systems account and
is appropriated to the commissioner for purposes of this section.
(v) Receive any federal matching money that is made available through the medical
assistance program for the consumer satisfaction survey. Any federal money received for
the survey is appropriated to the commissioner for this purpose. The commissioner may
expend the federal money received for the consumer satisfaction survey in either year of
the biennium.
(w) Designate community information and referral call centers and incorporate cost
reimbursement claims from the designated community information and referral call centers
into the federal cost reimbursement claiming processes of the department according to
federal law, rule, and regulations. Existing information and referral centers provided by
Greater Twin Cities United Way or existing call centers for which Greater Twin Cities
United Way has legal authority to represent, shall be included in these designations upon
review by the commissioner and assurance that these services are accredited and in
compliance with national standards. Any reimbursement is appropriated to the commissioner
and all designated information and referral centers shall receive payments according to
normal department schedules established by the commissioner upon final approval of
allocation methodologies from the United States Department of Health and Human Services
Division of Cost Allocation or other appropriate authorities.
(x) Develop recommended standards for adult foster care homes that address the
components of specialized therapeutic services to be provided by adult foster care homes
with those services.
(y) Authorize the method of payment to or from the department as part of the human
services programs administered by the department. This authorization includes the receipt
or disbursement of funds held by the department in a fiduciary capacity as part of the human
services programs administered by the department.
(z) Designate the agencies that operate the Senior LinkAge Line under section 256.975,
subdivision 7, and the Disability Hub under subdivision 24 as the state of Minnesota Aging
and Disability Resource Center under United States Code, title 42, section 3001, the Older
Americans Act Amendments of 2006, and incorporate cost reimbursement claims from the
designated centers into the federal cost reimbursement claiming processes of the department
according to federal law, rule, and regulations. Any reimbursement must be appropriated
to the commissioner and treated consistent with section 256.011. All Aging and Disability
Resource Center designated agencies shall receive payments of grant funding that supports
the activity and generates the federal financial participation according to Board on Aging
administrative granting mechanisms.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 52.
Minnesota Statutes 2024, section 256.01, subdivision 5, is amended to read:
Subd. 5.
Gifts, contributions, pensions and benefits; acceptance.
The commissioner
may receive and accept on behalf of patients deleted text begin and residents at the several state hospitals for
persons with mental illness or developmental disabilities during the period of their
hospitalization and while on provisional discharge therefrom,deleted text end money due and payable to
them as old age and survivors insurance benefits, veterans benefits, pensions or other such
monetary benefits. Such gifts, contributions, pensions and benefits shall be deposited in and
disbursed from the social welfare fund provided for in sections 256.88 to 256.92.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 53.
Minnesota Statutes 2024, section 256.019, subdivision 1, is amended to read:
Subdivision 1.
Retention rates.
When an assistance recovery amount is collected and
posted by a county agency under the provisions governing public assistance programs
including general assistance medical care formerly codified in chapter 256D, general
assistance, and Minnesota supplemental aid, the county may keep one-half of the recovery
made by the county agency using any method other than recoupment. For medical assistance,
if the recovery is made by a county agency using any method other than recoupment, the
county may keep one-half of the nonfederal share of the recovery. For MinnesotaCare, if
the recovery is collected and posted by the county agency, the county may keep one-half
of the nonfederal share of the recovery.
This does not apply to recoveries from medical providers or to recoveries begun by the
Department of Human Services' Surveillance and Utilization Review Divisiondeleted text begin , State Hospital
Collections Unit,deleted text end and deleted text begin thedeleted text end Benefit Recoveries Division deleted text begin ordeleted text end , deleted text begin bydeleted text end the new text begin Direct Care and Treatment
State Hospital Collections Unit, the new text end attorney general's office, or child support collections.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 54.
Minnesota Statutes 2024, section 256.0281, is amended to read:
256.0281 INTERAGENCY DATA EXCHANGE.
new text begin (a) new text end The Department of Human Services, the Department of Health, new text begin Direct Care and
Treatment, new text end and the Office of the Ombudsman for Mental Health and Developmental
Disabilities may establish interagency agreements governing the electronic exchange of
data on providers and individuals collected, maintained, or used by each agency when such
exchange is outlined by each agency in an interagency agreement to accomplish the purposes
in clauses (1) to (4):
(1) to improve provider enrollment processes for home and community-based services
and state plan home care services;
(2) to improve quality management of providers between state agencies;
(3) to establish and maintain provider eligibility to participate as providers under
Minnesota health care programs; or
(4) to meet the quality assurance reporting requirements under federal law under section
1915(c) of the Social Security Act related to home and community-based waiver programs.
new text begin (b) new text end Each interagency agreement must include provisions to ensure anonymity of
individuals, including mandated reporters, and must outline the specific uses of and access
to shared data within each agency. Electronic interfaces between source data systems
developed under these interagency agreements must incorporate these provisions as well
as other HIPAA provisions related to individual data.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 55.
Minnesota Statutes 2024, section 256.0451, subdivision 1, is amended to read:
Subdivision 1.
Scope.
(a) The requirements in this section apply to all fair hearings and
appeals under sections 142A.20, subdivision 2, and 256.045, subdivision 3, paragraph (a),
clauses (1), (2), (3), (5), (6), (7), (10), and (12). Except as provided in subdivisions 3 and
19, the requirements under this section apply to fair hearings and appeals under section
256.045, subdivision 3, paragraph (a), clauses (4), (8), (9), and (11).
(b) For purposes of this section, "person" means an individual who, on behalf of
themselves or their household, is appealing or disputing or challenging an action, a decision,
or a failure to act, by an agency deleted text begin in the human services systemdeleted text end new text begin subject to this sectionnew text end . When
a person involved in a proceeding under this section is represented by an attorney or by an
authorized representative, the term "person" also means the person's attorney or authorized
representative. Any notice sent to the person involved in the hearing must also be sent to
the person's attorney or authorized representative.
(c) For purposes of this section, "agency" means deleted text begin thedeleted text end new text begin anew text end county human services agency,
deleted text begin thedeleted text end new text begin anew text end state deleted text begin human servicesdeleted text end agency, and, where applicable, any entity involved under a
contract, subcontract, grant, or subgrant with the state agency or with a county agency, that
provides or operates programs or services in which appeals are governed by section 256.045.
new text begin
(d) For purposes of this section, "state agency" means the Department of Human Services;
the Department of Health; the Department of Education; the Department of Children, Youth,
and Families; or Direct Care and Treatment.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 56.
Minnesota Statutes 2024, section 256.0451, subdivision 3, is amended to read:
Subd. 3.
Agency appeal summary.
(a) Except in fair hearings and appeals under section
256.045, subdivision 3, paragraph (a), clauses (4), (9), and (10), the agency involved in an
appeal must prepare a state agency appeal summary for each fair hearing appeal. The state
agency appeal summary shall be mailed or otherwise delivered to the person who is involved
in the appeal at least three working days before the date of the hearing. The state agency
appeal summary must also be mailed or otherwise delivered to the deleted text begin department'sdeleted text end new text begin Department
of Human Services'new text end Appeals Office at least three working days before the date of the fair
hearing appeal.
(b) In addition, the human services judge shall confirm that the state agency appeal
summary is mailed or otherwise delivered to the person involved in the appeal as required
under paragraph (a). The person involved in the fair hearing should be provided, through
the state agency appeal summary or other reasonable methods, appropriate information
about the procedures for the fair hearing and an adequate opportunity to prepare. These
requirements apply equally to the state agency or an entity under contract when involved
in the appeal.
(c) The contents of the state agency appeal summary must be adequate to inform the
person involved in the appeal of the evidence on which the agency relies and the legal basis
for the agency's action or determination.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 57.
Minnesota Statutes 2024, section 256.0451, subdivision 6, is amended to read:
Subd. 6.
Appeal request for emergency assistance or urgent matter.
(a) When an
appeal involves an application for emergency assistance, the agency involved shall mail or
otherwise deliver the state agency appeal summary to the deleted text begin department'sdeleted text end new text begin Department of Human
Services'new text end Appeals Office within two working days of receiving the request for an appeal.
A person may also request that a fair hearing be held on an emergency basis when the issue
requires an immediate resolution. The human services judge shall schedule the fair hearing
on the earliest available date according to the urgency of the issue involved. Issuance of the
recommended decision after an emergency hearing shall be expedited.
(b) The new text begin applicable new text end commissioner new text begin or executive board new text end shall issue a written decision within
five working days of receiving the recommended decision, shall immediately inform the
parties of the outcome by telephone, and shall mail the decision no later than two working
days following the date of the decision.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 58.
Minnesota Statutes 2024, section 256.0451, subdivision 8, is amended to read:
Subd. 8.
Subpoenas.
A person involved in a fair hearing or the agency may request a
subpoena for a witness, for evidence, or for both. A reasonable number of subpoenas shall
be issued to require the attendance and the testimony of witnesses, and the production of
evidence relating to any issue of fact in the appeal hearing. The request for a subpoena must
show a need for the subpoena and the general relevance to the issues involved. The subpoena
shall be issued in the name of the Departmentnew text begin of Human Servicesnew text end and shall be served and
enforced as provided in section 357.22 and the Minnesota Rules of Civil Procedure.
An individual or entity served with a subpoena may petition the human services judge
in writing to vacate or modify a subpoena. The human services judge shall resolve such a
petition in a prehearing conference involving all parties and shall make a written decision.
A subpoena may be vacated or modified if the human services judge determines that the
testimony or evidence sought does not relate with reasonable directness to the issues of the
fair hearing appeal; that the subpoena is unreasonable, over broad, or oppressive; that the
evidence sought is repetitious or cumulative; or that the subpoena has not been served
reasonably in advance of the time when the appeal hearing will be held.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 59.
Minnesota Statutes 2024, section 256.0451, subdivision 9, is amended to read:
Subd. 9.
No ex parte contact.
The human services judge shall not have ex parte contact
on substantive issues with the agency or with any person or witness in a fair hearing appeal.
No employee of deleted text begin the Department ordeleted text end new text begin annew text end agency shall review, interfere with, change, or attempt
to influence the recommended decision of the human services judge in any fair hearing
appeal, except through the procedure allowed in subdivision 18. The limitations in this
subdivision do not affect thenew text begin applicablenew text end commissioner'snew text begin or executive board'snew text end authority to
review or reconsider decisions or make final decisions.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 60.
Minnesota Statutes 2024, section 256.0451, subdivision 18, is amended to read:
Subd. 18.
Inviting comment by deleted text begin departmentdeleted text end new text begin state agencynew text end .
The human services judge
or thenew text begin applicablenew text end commissionernew text begin or executive boardnew text end may determine that a written comment
by the deleted text begin departmentdeleted text end new text begin state agencynew text end about the policy implications of a specific legal issue could
help resolve a pending appeal. Such a written policy comment from the deleted text begin departmentdeleted text end new text begin state
agencynew text end shall be obtained only by a written request that is also sent to the person involved
and to the agency or its representative. When such a written comment is received, both the
person involved in the hearing and the agency shall have adequate opportunity to review,
evaluate, and respond to the written comment, including submission of additional testimony
or evidence, and cross-examination concerning the written comment.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 61.
Minnesota Statutes 2024, section 256.0451, subdivision 22, is amended to read:
Subd. 22.
Decisions.
A timely, written decision must be issued in every appeal. Each
decision must contain a clear ruling on the issues presented in the appeal hearing and should
contain a ruling only on questions directly presented by the appeal and the arguments raised
in the appeal.
(a) A written decision must be issued within 90 days of the date the person involved
requested the appeal unless a shorter time is required by law. An additional 30 days is
provided in those cases where thenew text begin applicablenew text end commissioner new text begin or executive board new text end refuses to
accept the recommended decision. In appeals of maltreatment determinations or
disqualifications filed pursuant to section 256.045, subdivision 3, paragraph (a), clause (4),
(8), or (9), that also give rise to possible licensing actions, the 90-day period for issuing
final decisions does not begin until the later of the date that the licensing authority provides
notice to the appeals division that the authority has made the final determination in the
matter or the date the appellant files the last appeal in the consolidated matters.
(b) The decision must contain both findings of fact and conclusions of law, clearly
separated and identified. The findings of fact must be based on the entire record. Each
finding of fact made by the human services judge shall be supported by a preponderance
of the evidence unless a different standard is required under the regulations of a particular
program. The "preponderance of the evidence" means, in light of the record as a whole, the
evidence leads the human services judge to believe that the finding of fact is more likely to
be true than not true. The legal claims or arguments of a participant do not constitute either
a finding of fact or a conclusion of law, except to the extent the human services judge adopts
an argument as a finding of fact or conclusion of law.
The decision shall contain at least the following:
(1) a listing of the date and place of the hearing and the participants at the hearing;
(2) a clear and precise statement of the issues, including the dispute under consideration
and the specific points which must be resolved in order to decide the case;
(3) a listing of the material, including exhibits, records, reports, placed into evidence at
the hearing, and upon which the hearing decision is based;
(4) the findings of fact based upon the entire hearing record. The findings of fact must
be adequate to inform the participants and any interested person in the public of the basis
of the decision. If the evidence is in conflict on an issue which must be resolved, the findings
of fact must state the reasoning used in resolving the conflict;
(5) conclusions of law that address the legal authority for the hearing and the ruling, and
which give appropriate attention to the claims of the participants to the hearing;
(6) a clear and precise statement of the decision made resolving the dispute under
consideration in the hearing; and
(7) written notice of the right to appeal to district court or to request reconsideration,
and of the actions required and the time limits for taking appropriate action to appeal to
district court or to request a reconsideration.
(c) The human services judge shall not independently investigate facts or otherwise rely
on information not presented at the hearing. The human services judge may not contact
other agency personnel, except as provided in subdivision 18. The human services judge's
recommended decision must be based exclusively on the testimony and evidence presented
at the hearing, and legal arguments presented, and the human services judge's research and
knowledge of the law.
(d) Thenew text begin applicablenew text end commissioner deleted text begin willdeleted text end new text begin or executive board must new text end review the recommended
decision and accept or refuse to accept the decision according to section 142A.20, subdivision
3, or 256.045, subdivision 5new text begin or 5anew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 62.
Minnesota Statutes 2024, section 256.0451, subdivision 23, is amended to read:
Subd. 23.
Refusal to accept recommended orders.
(a) If thenew text begin applicablenew text end commissioner
new text begin or executive board new text end refuses to accept the recommended order from the human services judge,
the person involved, the person's attorney or authorized representative, and the agency shall
be sent a copy of the recommended order, a detailed explanation of the basis for refusing
to accept the recommended order, and the proposed modified order.
(b) The person involved and the agency shall have at least ten business days to respond
to the proposed modification of the recommended order. The person involved and the agency
may submit a legal argument concerning the proposed modification, and may propose to
submit additional evidence that relates to the proposed modified order.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 63.
Minnesota Statutes 2024, section 256.0451, subdivision 24, is amended to read:
Subd. 24.
Reconsideration.
(a) Reconsideration may be requested within 30 days of
the date of thenew text begin applicablenew text end commissioner'snew text begin or executive board'snew text end final order. If reconsideration
is requested under section 142A.20, subdivision 3, or 256.045, subdivision 5new text begin or 5anew text end , the other
participants in the appeal shall be informed of the request. The person seeking reconsideration
has the burden to demonstrate why the matter should be reconsidered. The request for
reconsideration may include legal argument and may include proposed additional evidence
supporting the request. The other participants shall be sent a copy of all material submitted
in support of the request for reconsideration and must be given ten days to respond.
(b) When the requesting party raises a question as to the appropriateness of the findings
of fact, thenew text begin applicablenew text end commissioner new text begin or executive board new text end shall review the entire record.
(c) When the requesting party questions the appropriateness of a conclusion of law, thenew text begin
applicablenew text end commissioner new text begin or executive board new text end shall consider the recommended decision, the
decision under reconsideration, and the material submitted in connection with the
reconsideration. Thenew text begin applicablenew text end commissioner new text begin or executive board new text end shall review the remaining
record as necessary to issue a reconsidered decision.
(d) Thenew text begin applicablenew text end commissioner new text begin or executive board new text end shall issue a written decision on
reconsideration in a timely fashion. The decision must clearly inform the parties that this
constitutes the final administrative decision, advise the participants of the right to seek
judicial review, and the deadline for doing so.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 64.
Minnesota Statutes 2024, section 256.4825, is amended to read:
256.4825 REPORT REGARDING PROGRAMS AND SERVICES FOR PEOPLE
WITH DISABILITIES.
The Minnesota State Council on Disability, the Minnesota Consortium for Citizens with
Disabilities, and the Arc of Minnesota may submit an annual report by January 15 of each
year, beginning in 2012, to the chairs and ranking minority members of the legislative
committees with jurisdiction over programs serving people with disabilities as provided in
this section. The report must describe the existing state policies and goals for programs
serving people with disabilities including, but not limited to, programs for employment,
transportation, housing, education, quality assurance, consumer direction, physical and
programmatic access, and health. The report must provide data and measurements to assess
the extent to which the policies and goals are being met. The commissioner of human
servicesnew text begin , the Direct Care and Treatment executive board,new text end and the commissioners of other
state agencies administering programs for people with disabilities shall cooperate with the
Minnesota State Council on Disability, the Minnesota Consortium for Citizens with
Disabilities, and the Arc of Minnesota and provide those organizations with existing
published information and reports that will assist in the preparation of the report.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 65.
Minnesota Statutes 2024, section 256.93, subdivision 1, is amended to read:
Subdivision 1.
Limitations.
In any case where the guardianship of any child with a
developmental disability or who is disabled, dependent, neglected or delinquent, or a child
born to a mother who was not married to the child's father when the child was conceived
nor when the child was born, has been deleted text begin committeddeleted text end new text begin appointednew text end to the commissioner of human
services, and in any case where the guardianship of any person with a developmental
disability has been deleted text begin committeddeleted text end new text begin appointednew text end to the commissioner of human services, the court
having jurisdiction of the estate may on such notice as the court may direct, authorize the
commissioner to take possession of the personal property in the estate, liquidate it, and hold
the proceeds in trust for the ward, to be invested, expended and accounted for as provided
by sections 256.88 to 256.92.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 66.
Minnesota Statutes 2024, section 256.98, subdivision 7, is amended to read:
Subd. 7.
Division of recovered amounts.
Except for recoveries under chapter 142E, if
the state is responsible for the recovery, the amounts recovered shall be paid to the appropriate
units of government. If the recovery is directly attributable to a county, the county may
retain one-half of the nonfederal share of any recovery from a recipient or the recipient's
estate.
This subdivision does not apply to recoveries from medical providers or to recoveries
involving the Department of Human deleted text begin services,deleted text end new text begin Services'new text end Surveillance and Utilization Review
Divisiondeleted text begin , state hospital collections unit,deleted text end and deleted text begin thedeleted text end Benefit Recoveries Divisionnew text begin or the Direct
Care and Treatment State Hospital Collections Unitnew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 67.
Minnesota Statutes 2024, section 256B.092, subdivision 10, is amended to read:
Subd. 10.
Admission of persons to and discharge of persons from regional treatment
centers.
(a) Prior to the admission of a person to a regional treatment center program for
persons with developmental disabilities, the case manager shall make efforts to secure
community-based alternatives. If these alternatives are rejected by the person, the person's
legal guardian or conservator, or the county agency in favor of a regional treatment center
placement, the case manager shall document the reasons why the alternatives were rejected.
(b) Assessment and support planning must be completed in accordance with requirements
identified in section 256B.0911.
(c) No discharge shall take place until disputes are resolved under section 256.045,
subdivision 4a, or until a review by the deleted text begin commissionerdeleted text end new text begin Direct Care and Treatment executive
boardnew text end is completed upon request of the chief executive officer or program director of the
regional treatment center, or the county agency. For persons under public guardianship, the
ombudsman may request a review or hearing under section 256.045.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 68.
Minnesota Statutes 2024, section 256G.09, subdivision 4, is amended to read:
Subd. 4.
Appeals.
A local agency that is aggrieved by the order of deleted text begin thedeleted text end new text begin a new text end department new text begin or
the executive board new text end may appeal the opinion to the district court of the county responsible
for furnishing assistance or services by serving a written copy of a notice of appeal on deleted text begin thedeleted text end new text begin
anew text end commissioner new text begin or the executive board new text end and any adverse party of record within 30 days after
the date the department issued the opinion, and by filing the original notice and proof of
service with the court administrator of district court. Service may be made personally or by
mail. Service by mail is complete upon mailing.
deleted text begin Thedeleted text end new text begin Anew text end commissioner new text begin or the executive board new text end may elect to become a party to the
proceedings in district court. The court may consider the matter in or out of chambers and
shall take no new or additional evidence.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 69.
Minnesota Statutes 2024, section 256G.09, subdivision 5, is amended to read:
Subd. 5.
Payment pending appeal.
After deleted text begin thedeleted text end new text begin anew text end departmentnew text begin or the executive boardnew text end issues
an opinion in any submission under this section, the service or assistance covered by the
submission must be provided or paid pending or during an appeal to the district court.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 70.
Minnesota Statutes 2024, section 299F.77, subdivision 2, is amended to read:
Subd. 2.
Background check.
(a) For licenses issued by the commissioner under section
299F.73, the applicant for licensure must provide the commissioner with all of the
information required by Code of Federal Regulations, title 28, section 25.7. The commissioner
shall forward the information to the superintendent of the Bureau of Criminal Apprehension
so that criminal records, histories, and warrant information on the applicant can be retrieved
from the Minnesota Crime Information System and the National Instant Criminal Background
Check System, as well as the civil commitment records maintained by deleted text begin the Department of
Human Servicesdeleted text end new text begin Direct Care and Treatmentnew text end . The results must be returned to the commissioner
to determine if the individual applicant is qualified to receive a license.
(b) For permits issued by a county sheriff or chief of police under section 299F.75, the
applicant for a permit must provide the county sheriff or chief of police with all of the
information required by Code of Federal Regulations, title 28, section 25.7. The county
sheriff or chief of police must check, by means of electronic data transfer, criminal records,
histories, and warrant information on each applicant through the Minnesota Crime
Information System and the National Instant Criminal Background Check System, as well
as the civil commitment records maintained by deleted text begin the Department of Human Servicesdeleted text end new text begin Direct
Care and Treatmentnew text end . The county sheriff or chief of police shall use the results of the query
to determine if the individual applicant is qualified to receive a permit.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 71.
Minnesota Statutes 2024, section 342.04, is amended to read:
342.04 STUDIES; REPORTS.
(a) The office shall conduct a study to determine the expected size and growth of the
regulated cannabis industry and hemp consumer industry, including an estimate of the
demand for cannabis flower and cannabis products, the number and geographic distribution
of cannabis businesses needed to meet that demand, and the anticipated business from
residents of other states.
(b) The office shall conduct a study to determine the size of the illicit cannabis market,
the sources of illicit cannabis flower and illicit cannabis products in the state, the locations
of citations issued and arrests made for cannabis offenses, and the subareas, such as census
tracts or neighborhoods, that experience a disproportionately large amount of cannabis
enforcement.
(c) The office shall conduct a study on impaired driving to determine:
(1) the number of accidents involving one or more drivers who admitted to using cannabis
flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products,
or who tested positive for cannabis or tetrahydrocannabinol;
(2) the number of arrests of individuals for impaired driving in which the individual
tested positive for cannabis or tetrahydrocannabinol; and
(3) the number of convictions for driving under the influence of cannabis flower, cannabis
products, lower-potency hemp edibles, hemp-derived consumer products, or
tetrahydrocannabinol.
(d) The office shall provide preliminary reports on the studies conducted pursuant to
paragraphs (a) to (c) to the legislature by January 15, 2024, and shall provide final reports
to the legislature by January 15, 2025. The reports may be consolidated into a single report
by the office.
(e) The office shall collect existing data from the Department of Human Services,
Department of Health, new text begin Direct Care and Treatment, new text end Minnesota state courts, and hospitals
licensed under chapter 144 on the utilization of mental health and substance use disorder
services, emergency room visits, and commitments to identify any increase in the services
provided or any increase in the number of visits or commitments. The office shall also obtain
summary data from existing first episode psychosis programs on the number of persons
served by the programs and number of persons on the waiting list. All information collected
by the office under this paragraph shall be included in the report required under paragraph
(f).
(f) The office shall conduct an annual market analysis on the status of the regulated
cannabis industry and submit a report of the findings. The office shall submit the report by
January 15, 2025, and each January 15 thereafter and the report may be combined with the
annual report submitted by the office. The process of completing the market analysis must
include holding public meetings to solicit the input of consumers, market stakeholders, and
potential new applicants and must include an assessment as to whether the office has issued
the necessary number of licenses in order to:
(1) ensure the sufficient supply of cannabis flower and cannabis products to meet demand;
(2) provide market stability;
(3) ensure a competitive market; and
(4) limit the sale of unregulated cannabis flower and cannabis products.
(g) The office shall submit an annual report to the legislature by January 15, 2024, and
each January 15 thereafter. The annual report shall include but not be limited to the following:
(1) the status of the regulated cannabis industry;
(2) the status of the illicit cannabis market and hemp consumer industry;
(3) the number of accidents, arrests, and convictions involving drivers who admitted to
using cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived
consumer products or who tested positive for cannabis or tetrahydrocannabinol;
(4) the change in potency, if any, of cannabis flower and cannabis products available
through the regulated market;
(5) progress on providing opportunities to individuals and communities that experienced
a disproportionate, negative impact from cannabis prohibition, including but not limited to
providing relief from criminal convictions and increasing economic opportunities;
(6) the status of racial and geographic diversity in the cannabis industry;
(7) proposed legislative changes, including but not limited to recommendations to
streamline licensing systems and related administrative processes;
(8) information on the adverse effects of second-hand smoke from any cannabis flower,
cannabis products, and hemp-derived consumer products that are consumed by the
combustion or vaporization of the product and the inhalation of smoke, aerosol, or vapor
from the product; and
(9) recommendations for the levels of funding for:
(i) a coordinated education program to address and raise public awareness about the top
three adverse health effects, as determined by the commissioner of health, associated with
the use of cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived
consumer products by individuals under 21 years of age;
(ii) a coordinated education program to educate pregnant individuals, breastfeeding
individuals, and individuals who may become pregnant on the adverse health effects of
cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer
products;
(iii) training, technical assistance, and educational materials for home visiting programs,
Tribal home visiting programs, and child welfare workers regarding safe and unsafe use of
cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer
products in homes with infants and young children;
(iv) model programs to educate middle school and high school students on the health
effects on children and adolescents of the use of cannabis flower, cannabis products,
lower-potency hemp edibles, hemp-derived consumer products, and other intoxicating or
controlled substances;
(v) grants issued through the CanTrain, CanNavigate, CanStartup, and CanGrow
programs;
(vi) grants to organizations for community development in social equity communities
through the CanRenew program;
(vii) training of peace officers and law enforcement agencies on changes to laws involving
cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer
products and the law's impact on searches and seizures;
(viii) training of peace officers to increase the number of drug recognition experts;
(ix) training of peace officers on the cultural uses of sage and distinguishing use of sage
from the use of cannabis flower, including whether the Board of Peace Officer Standards
and Training should approve or develop training materials;
(x) the retirement and replacement of drug detection canines; and
(xi) the Department of Human Services and county social service agencies to address
any increase in demand for services.
(g) In developing the recommended funding levels under paragraph (f), clause (9), items
(vii) to (xi), the office shall consult with local law enforcement agencies, the Minnesota
Chiefs of Police Association, the Minnesota Sheriff's Association, the League of Minnesota
Cities, the Association of Minnesota Counties, and county social services agencies.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 72.
Minnesota Statutes 2024, section 352.91, subdivision 3f, is amended to read:
Subd. 3f.
Additional Direct Care and Treatment personnel.
(a) "Covered correctional
service" means service by a state employee in one of the employment positions specified
in paragraph (b) in the state-operated forensic services program or the Minnesota Sex
Offender Program if at least 75 percent of the employee's working time is spent in direct
contact with patients and the determination of this direct contact is certified to the executive
director by the deleted text begin commissioner of human services ordeleted text end Direct Care and Treatment executive
board.
(b) The employment positions are:
(1) baker;
(2) behavior analyst 2;
(3) behavior analyst 3;
(4) certified occupational therapy assistant 1;
(5) certified occupational therapy assistant 2;
(6) client advocate;
(7) clinical program therapist 2;
(8) clinical program therapist 3;
(9) clinical program therapist 4;
(10) cook;
(11) culinary supervisor;
(12) customer services specialist principal;
(13) dental assistant registered;
(14) dental hygienist;
(15) food service worker;
(16) food services supervisor;
(17) group supervisor;
(18) group supervisor assistant;
(19) human services support specialist;
(20) licensed alcohol and drug counselor;
(21) licensed practical nurse;
(22) management analyst 3;
(23) music therapist;
(24) occupational therapist;
(25) occupational therapist, senior;
(26) physical therapist;
(27) psychologist 1;
(28) psychologist 2;
(29) psychologist 3;
(30) recreation program assistant;
(31) recreation therapist lead;
(32) recreation therapist senior;
(33) rehabilitation counselor senior;
(34) residential program lead;
(35) security supervisor;
(36) skills development specialist;
(37) social worker senior;
(38) social worker specialist;
(39) social worker specialist, senior;
(40) special education program assistant;
(41) speech pathology clinician;
(42) substance use disorder counselor senior;
(43) work therapy assistant; and
(44) work therapy program coordinator.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 73.
Minnesota Statutes 2024, section 401.17, subdivision 1, is amended to read:
Subdivision 1.
Establishment; members.
(a) The commissioner must establish a
Community Supervision Advisory Committee to develop and make recommendations to
the commissioner on standards for probation, supervised release, and community supervision.
The committee consists of 19 members as follows:
(1) two directors appointed by the Minnesota Association of Community Corrections
Act Counties;
(2) two probation directors appointed by the Minnesota Association of County Probation
Officers;
(3) three county commissioner representatives appointed by the Association of Minnesota
Counties;
(4) two behavioral health, treatment, or programming providers who work directly with
individuals on correctional supervision, one appointed by the deleted text begin Department of Human Servicesdeleted text end new text begin
Department of Correctionsnew text end and one appointed by the Minnesota Association of County
Social Service Administrators;
(5) two representatives appointed by the Minnesota Indian Affairs Council;
(6) two commissioner-appointed representatives from the Department of Corrections;
(7) the chair of the statewide Evidence-Based Practice Advisory Committee;
(8) three individuals who have been supervised, either individually or collectively, under
each of the state's three community supervision delivery systems appointed by the
commissioner in consultation with the Minnesota Association of County Probation Officers
and the Minnesota Association of Community Corrections Act Counties;
(9) an advocate for victims of crime appointed by the commissioner; and
(10) a representative from a community-based research and advocacy entity appointed
by the commissioner.
(b) When an appointing authority selects an individual for membership on the committee,
the authority must make reasonable efforts to reflect geographic diversity and to appoint
qualified members of protected groups, as defined under section 43A.02, subdivision 33.
(c) Chapter 15 applies to the extent consistent with this section.
(d) The commissioner must convene the first meeting of the committee on or before
October 1, 2023.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 74.
Minnesota Statutes 2024, section 507.071, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
For the purposes of this section the following terms have
the meanings given:
(a) "Beneficiary" or "grantee beneficiary" means a person or entity named as a grantee
beneficiary in a transfer on death deed, including a successor grantee beneficiary.
(b) "County agency" means the county department or office designated to recover medical
assistance benefits from the estates of decedents.
(c) "Grantor owner" means an owner, whether individually, as a joint tenant, or as a
tenant in common, named as a grantor in a transfer on death deed upon whose death the
conveyance or transfer of the described real property is conditioned. Grantor owner does
not include a spouse who joins in a transfer on death deed solely for the purpose of conveying
or releasing statutory or other marital interests in the real property to be conveyed or
transferred by the transfer on death deed.
(d) "Owner" means a person having an ownership or other interest in all or part of the
real property to be conveyed or transferred by a transfer on death deed either at the time the
deed is executed or at the time the transfer becomes effective. Owner does not include a
spouse who joins in a transfer on death deed solely for the purpose of conveying or releasing
statutory or other marital interests in the real property to be conveyed or transferred by the
transfer on death deed.
(e) "Property" and "interest in real property" mean any interest in real property located
in this state which is transferable on the death of the owner and includes, without limitation,
an interest in real property defined in chapter 500, a mortgage, a deed of trust, a security
interest in, or a security pledge of, an interest in real property, including the rights to
payments of the indebtedness secured by the security instrument, a judgment, a tax lien,
both the seller's and purchaser's interest in a contract for deed, land contract, purchase
agreement, or earnest money contract for the sale and purchase of real property, including
the rights to payments under such contracts, or any other lien on, or interest in, real property.
(f) "Recorded" means recorded in the office of the county recorder or registrar of titles,
as appropriate for the real property described in the instrument to be recorded.
(g) "State agency" means the Department of Human Services or any successor agencynew text begin
or Direct Care and Treatment or any successor agencynew text end .
(h) "Transfer on death deed" means a deed authorized under this section.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 75.
Minnesota Statutes 2024, section 611.46, subdivision 1, is amended to read:
Subdivision 1.
Order to competency attainment program.
(a) If the court finds the
defendant incompetent and the charges have not been dismissed, the court shall order the
defendant to participate in a program to assist the defendant in attaining competency. The
court may order participation in a competency attainment program provided outside of a
jail, a jail-based competency attainment program, or an alternative program. The court must
determine the least-restrictive program appropriate to meet the defendant's needs and public
safety. In making this determination, the court must consult with the forensic navigator and
consider any recommendations of the court examiner. The court shall not order a defendant
to participate in a jail-based program or a state-operated treatment program if the highest
criminal charge is a targeted misdemeanor.
(b) If the court orders the defendant to a locked treatment facility or jail-based program,
the court must calculate the defendant's custody credit and cannot order the defendant to a
locked treatment facility or jail-based program for a period that would cause the defendant's
custody credit to exceed the maximum sentence for the underlying charge.
(c) The court may only order the defendant to participate in competency attainment at
an inpatient or residential treatment program under this section if the head of the treatment
program determines that admission to the program is clinically appropriate and consents to
the defendant's admission. The court may only order the defendant to participate in
competency attainment at a state-operated treatment facility under this section if the Direct
Care and Treatment executive board or a designee determines that admission of the defendant
is clinically appropriate and consents to the defendant's admission. The court may require
a competency program that qualifies as a locked facility or a state-operated treatment program
to notify the court in writing of the basis for refusing consent for admission of the defendant
in order to ensure transparency and maintain an accurate record. The court may not require
personal appearance of any representative of a competency program. The court shall send
a written request for notification to the locked facility or state-operated treatment program
and the locked facility or state-operated treatment program shall provide a written response
to the court within ten days of receipt of the court's request.
(d) If the defendant is confined in jail and has not received competency attainment
services within 30 days of the finding of incompetency, the court shall review the case with
input from the prosecutor and defense counsel and may:
(1) order the defendant to participate in an appropriate competency attainment program
that takes place outside of a jail;
(2) order a conditional release of the defendant with conditions that include but are not
limited to a requirement that the defendant participate in a competency attainment program
when one becomes available and accessible;
(3) make a determination as to whether the defendant is likely to attain competency in
the reasonably foreseeable future and proceed under section 611.49; or
(4) upon a motion, dismiss the charges in the interest of justice.
(e) The court may order any hospital, treatment facility, or correctional facility that has
provided care or supervision to a defendant in the previous two years to provide copies of
the defendant's medical records to the competency attainment program or alternative program
in which the defendant was ordered to participate. This information shall be provided in a
consistent and timely manner and pursuant to all applicable laws.
(f) If at any time the defendant refuses to participate in a competency attainment program
or an alternative program, the head of the program shall notify the court and any entity
responsible for supervision of the defendant.
(g) At any time, the head of the program may discharge the defendant from the program
or facility. The head of the program must notify the court, prosecutor, defense counsel, and
any entity responsible for the supervision of the defendant prior to any planned discharge.
Absent emergency circumstances, this notification shall be made five days prior to the
discharge if the defendant is not being discharged to jail or a correctional facility. Upon the
receipt of notification of discharge or upon the request of either party in response to
notification of discharge, the court may order that a defendant who is subject to bail or
unmet conditions of release be returned to jail upon being discharged from the program or
facility. If the court orders a defendant returned to jail, the court shall notify the parties and
head of the program at least one day before the defendant's planned discharge, except in
the event of an emergency discharge where one day notice is not possible. The court must
hold a review hearing within seven days of the defendant's return to jail. The forensic
navigator must be given notice of the hearing and be allowed to participate.
(h) If the defendant is discharged from the program or facility under emergency
circumstances, notification of emergency discharge shall include a description of the
emergency circumstances and may include a request for emergency transportation. The
court shall make a determination on a request for emergency transportation within 24 hours.
Nothing in this section prohibits a law enforcement agency from transporting a defendant
pursuant to any other authority.
new text begin
(i) If the defendant is ordered to participate in an inpatient or residential competency
attainment or alternative program, the program or facility must notify the court, prosecutor,
defense counsel, forensic navigator, and any entity responsible for the supervision of the
defendant if the defendant is placed on a leave or elopement status from the program and
if the defendant returns to the program from a leave or elopement status.
new text end
new text begin
(j) Defense counsel, prosecutors, and forensic navigators must have access to information
relevant to a defendant's participation and treatment in a competency attainment program
or alternative program, including but not limited to discharge planning.
new text end
Sec. 76.
Minnesota Statutes 2024, section 611.55, is amended by adding a subdivision to
read:
new text begin Subd. 5. new text end
new text begin Data access. new text end
new text begin
Forensic navigators must have access to all data collected, created,
or maintained by a competency attainment program or an alternative program regarding a
defendant in order for navigators to carry out their duties under this section. A competency
attainment program or alternative program may request a copy of the court order appointing
the forensic navigator before disclosing any private information about a defendant.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2027.
new text end
Sec. 77.
Minnesota Statutes 2024, section 611.57, subdivision 2, is amended to read:
Subd. 2.
Membership.
(a) The Certification Advisory Committee consists of the
following members:
(1) a mental health professional, as defined in section 245I.02, subdivision 27, with
community behavioral health experience, appointed by the governor;
(2) a board-certified forensic psychiatrist with experience in competency evaluations,
providing competency attainment services, or both, appointed by the governor;
(3) a board-certified forensic psychologist with experience in competency evaluations,
providing competency attainment services, or both, appointed by the governor;
(4) the president of the Minnesota Corrections Association or a designee;
(5) the Direct Care and Treatment deleted text begin deputy commissionerdeleted text end new text begin chief executive officer new text end or a
designee;
(6) the president of the Minnesota Association of County Social Service Administrators
or a designee;
(7) the president of the Minnesota Association of Community Mental Health Providers
or a designee;
(8) the president of the Minnesota Sheriffs' Association or a designee; and
(9) the executive director of the National Alliance on Mental Illness Minnesota or a
designee.
(b) Members of the advisory committee serve without compensation and at the pleasure
of the appointing authority. Vacancies shall be filled by the appointing authority consistent
with the qualifications of the vacating member required by this subdivision.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 78.
Minnesota Statutes 2024, section 611.57, subdivision 4, is amended to read:
Subd. 4.
Duties.
The Certification Advisory Committee shall consult with the Department
of Human Services, the Department of Health, deleted text begin anddeleted text end the Department of Correctionsnew text begin , and
Direct Care and Treatmentnew text end ; make recommendations to the Minnesota Competency Attainment
Board regarding competency attainment curriculum, certification requirements for
competency attainment programs including jail-based programs, and certification of
individuals to provide competency attainment services; and provide information and
recommendations on other issues relevant to competency attainment as requested by the
board.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 79.
Minnesota Statutes 2024, section 624.7131, subdivision 1, is amended to read:
Subdivision 1.
Information.
Any person may apply for a transferee permit by providing
the following information in writing to the chief of police of an organized full time police
department of the municipality in which the person resides or to the county sheriff if there
is no such local chief of police:
(1) the name, residence, telephone number, and driver's license number or
nonqualification certificate number, if any, of the proposed transferee;
(2) the sex, date of birth, height, weight, and color of eyes, and distinguishing physical
characteristics, if any, of the proposed transferee;
(3) a statement that the proposed transferee authorizes the release to the local police
authority of commitment information about the proposed transferee maintained by the
deleted text begin commissioner of human servicesdeleted text end new text begin Direct Care and Treatment executive boardnew text end , to the extent
that the information relates to the proposed transferee's eligibility to possess a pistol or
semiautomatic military-style assault weapon under section 624.713, subdivision 1; and
(4) a statement by the proposed transferee that the proposed transferee is not prohibited
by section 624.713 from possessing a pistol or semiautomatic military-style assault weapon.
The statements shall be signed and dated by the person applying for a permit. At the
time of application, the local police authority shall provide the applicant with a dated receipt
for the application. The statement under clause (3) must comply with any applicable
requirements of Code of Federal Regulations, title 42, sections 2.31 to 2.35, with respect
to consent to disclosure of alcohol or drug abuse patient records.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 80.
Minnesota Statutes 2024, section 624.7131, subdivision 2, is amended to read:
Subd. 2.
Investigation.
The chief of police or sheriff shall check criminal histories,
records and warrant information relating to the applicant through the Minnesota Crime
Information System, the national criminal record repository, and the National Instant Criminal
Background Check System. The chief of police or sheriff shall also make a reasonable effort
to check other available state and local record-keeping systems. The chief of police or sheriff
shall obtain commitment information from the deleted text begin commissioner of human servicesdeleted text end new text begin Direct Care
and Treatment executive boardnew text end as provided in section 246C.15.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 81.
Minnesota Statutes 2024, section 624.7132, subdivision 1, is amended to read:
Subdivision 1.
Required information.
Except as provided in this section and section
624.7131, every person who agrees to transfer a pistol or semiautomatic military-style
assault weapon shall report the following information in writing to the chief of police of
the organized full-time police department of the municipality where the proposed transferee
resides or to the appropriate county sheriff if there is no such local chief of police:
(1) the name, residence, telephone number, and driver's license number or
nonqualification certificate number, if any, of the proposed transferee;
(2) the sex, date of birth, height, weight, and color of eyes, and distinguishing physical
characteristics, if any, of the proposed transferee;
(3) a statement that the proposed transferee authorizes the release to the local police
authority of commitment information about the proposed transferee maintained by the
deleted text begin commissioner of human servicesdeleted text end new text begin Direct Care and Treatment executive boardnew text end , to the extent
that the information relates to the proposed transferee's eligibility to possess a pistol or
semiautomatic military-style assault weapon under section 624.713, subdivision 1;
(4) a statement by the proposed transferee that the transferee is not prohibited by section
624.713 from possessing a pistol or semiautomatic military-style assault weapon; and
(5) the address of the place of business of the transferor.
The report shall be signed and dated by the transferor and the proposed transferee. The
report shall be delivered by the transferor to the chief of police or sheriff no later than three
days after the date of the agreement to transfer, excluding weekends and legal holidays.
The statement under clause (3) must comply with any applicable requirements of Code of
Federal Regulations, title 42, sections 2.31 to 2.35, with respect to consent to disclosure of
alcohol or drug abuse patient records.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 82.
Minnesota Statutes 2024, section 624.7132, subdivision 2, is amended to read:
Subd. 2.
Investigation.
Upon receipt of a transfer report, the chief of police or sheriff
shall check criminal histories, records and warrant information relating to the proposed
transferee through the Minnesota Crime Information System, the national criminal record
repository, and the National Instant Criminal Background Check System. The chief of police
or sheriff shall also make a reasonable effort to check other available state and local
record-keeping systems. The chief of police or sheriff shall obtain commitment information
from the deleted text begin commissioner of human servicesdeleted text end new text begin Direct Care and Treatment executive boardnew text end as
provided in section 246C.15.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 83.
Minnesota Statutes 2024, section 624.714, subdivision 3, is amended to read:
Subd. 3.
Form and contents of application.
(a) Applications for permits to carry must
be an official, standardized application form, adopted under section 624.7151, and must set
forth in writing only the following information:
(1) the applicant's name, residence, telephone number, if any, and driver's license number
or state identification card number;
(2) the applicant's sex, date of birth, height, weight, and color of eyes and hair, and
distinguishing physical characteristics, if any;
(3) the township or statutory city or home rule charter city, and county, of all Minnesota
residences of the applicant in the last five years, though not including specific addresses;
(4) the township or city, county, and state of all non-Minnesota residences of the applicant
in the last five years, though not including specific addresses;
(5) a statement that the applicant authorizes the release to the sheriff of commitment
information about the applicant maintained by the deleted text begin commissioner of human servicesdeleted text end new text begin Direct
Care and Treatment executive boardnew text end or any similar agency or department of another state
where the applicant has resided, to the extent that the information relates to the applicant's
eligibility to possess a firearm; and
(6) a statement by the applicant that, to the best of the applicant's knowledge and belief,
the applicant is not prohibited by law from possessing a firearm.
(b) The statement under paragraph (a), clause (5), must comply with any applicable
requirements of Code of Federal Regulations, title 42, sections 2.31 to 2.35, with respect
to consent to disclosure of alcohol or drug abuse patient records.
(c) An applicant must submit to the sheriff an application packet consisting only of the
following items:
(1) a completed application form, signed and dated by the applicant;
(2) an accurate photocopy of the certificate described in subdivision 2a, paragraph (c),
that is submitted as the applicant's evidence of training in the safe use of a pistol; and
(3) an accurate photocopy of the applicant's current driver's license, state identification
card, or the photo page of the applicant's passport.
(d) In addition to the other application materials, a person who is otherwise ineligible
for a permit due to a criminal conviction but who has obtained a pardon or expungement
setting aside the conviction, sealing the conviction, or otherwise restoring applicable rights,
must submit a copy of the relevant order.
(e) Applications must be submitted in person.
(f) The sheriff may charge a new application processing fee in an amount not to exceed
the actual and reasonable direct cost of processing the application or $100, whichever is
less. Of this amount, $10 must be submitted to the commissioner and deposited into the
general fund.
(g) This subdivision prescribes the complete and exclusive set of items an applicant is
required to submit in order to apply for a new or renewal permit to carry. The applicant
must not be asked or required to submit, voluntarily or involuntarily, any information, fees,
or documentation beyond that specifically required by this subdivision. This paragraph does
not apply to alternate training evidence accepted by the sheriff under subdivision 2a,
paragraph (d).
(h) Forms for new and renewal applications must be available at all sheriffs' offices and
the commissioner must make the forms available on the Internet.
(i) Application forms must clearly display a notice that a permit, if granted, is void and
must be immediately returned to the sheriff if the permit holder is or becomes prohibited
by law from possessing a firearm. The notice must list the applicable state criminal offenses
and civil categories that prohibit a person from possessing a firearm.
(j) Upon receipt of an application packet and any required fee, the sheriff must provide
a signed receipt indicating the date of submission.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 84.
Minnesota Statutes 2024, section 624.714, subdivision 4, is amended to read:
Subd. 4.
Investigation.
(a) The sheriff must check, by means of electronic data transfer,
criminal records, histories, and warrant information on each applicant through the Minnesota
Crime Information System and the National Instant Criminal Background Check System.
The sheriff shall also make a reasonable effort to check other available and relevant federal,
state, or local record-keeping systems. The sheriff must obtain commitment information
from the deleted text begin commissioner of human servicesdeleted text end new text begin Direct Care and Treatment executive boardnew text end as
provided in section 246C.15 or, if the information is reasonably available, as provided by
a similar statute from another state.
(b) When an application for a permit is filed under this section, the sheriff must notify
the chief of police, if any, of the municipality where the applicant resides. The police chief
may provide the sheriff with any information relevant to the issuance of the permit.
(c) The sheriff must conduct a background check by means of electronic data transfer
on a permit holder through the Minnesota Crime Information System and the National
Instant Criminal Background Check System at least yearly to ensure continuing eligibility.
The sheriff may also conduct additional background checks by means of electronic data
transfer on a permit holder at any time during the period that a permit is in effect.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 85.
Minnesota Statutes 2024, section 631.40, subdivision 3, is amended to read:
Subd. 3.
new text begin Direct Care and Treatment and new text end Departments of Human Services; Children,
Youth, and Families; and Health licensees.
When a person who is affiliated with a program
or facility governednew text begin or licensednew text end by new text begin Direct Care and Treatment;new text end the Department of Human
Servicesdeleted text begin ,deleted text end new text begin ; thenew text end Department of Children, Youth, and Familiesdeleted text begin ,deleted text end new text begin ;new text end or new text begin the new text end Department of Health
is convicted of a disqualifying crime, the probation officer or corrections agent shall notify
the commissioner of the conviction, as provided in chapter 245C.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 86. new text begin REVISOR INSTRUCTION.
new text end
new text begin
(a) The revisor of statutes shall renumber Minnesota Statutes, section 252.50, subdivision
5, as Minnesota Statutes, section 246C.11, subdivision 4a.
new text end
new text begin
(b) The revisor of statutes shall renumber Minnesota Statutes, section 252.52, as
Minnesota Statutes, section 246C.191.
new text end
new text begin
(c) The revisor of statutes shall make necessary cross-reference changes consistent with
the renumbering in this section.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 87. new text begin REPEALER.
new text end
new text begin
(a)
new text end
new text begin
Minnesota Statutes 2024, sections 245.4862; 246.015, subdivision 3; 246.50,
subdivision 2; and 246B.04, subdivision 1a,
new text end
new text begin
are repealed.
new text end
new text begin
(b)
new text end
new text begin
Laws 2024, chapter 79, article 1, sections 15; 16; and 17,
new text end
new text begin
are repealed.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
ARTICLE 4
BEHAVIORAL HEALTH
Section 1.
Minnesota Statutes 2024, section 3.757, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
(a) For purposes of this section, the following terms have
the meanings given.
(b) "Municipality" has the meaning provided in section 466.01, subdivision 1.
(c) "Opioid litigation" means any civil litigation, demand, or settlement in lieu of litigation
alleging unlawful conduct related to the marketing, sale, or distribution of opioids in this
state or other alleged illegal actions that contributed to the excessive use of opioids.
(d) "Released claim" means any cause of action or other claim that has been released in
a statewide opioid settlement agreement, including matters identified as a released claim as
that term or a comparable term is defined in a statewide opioid settlement agreement.
(e) "Settling defendant" means new text begin an entity that engages in, has engaged in, or has provided
consultation services regarding the manufacture, marketing, promotion, sale, distribution,
or dispensing of opioids, and that has been the subject of a statewide opioid settlement
agreement or bankruptcy plan, including but not limited to new text end Johnson & Johnson,
AmerisourceBergen Corporation, Cardinal Health, Inc., McKesson Corporation, Teva
Pharmaceuticals, Allergan plc, CVS Health Corporation, Walgreens Boots Alliance, Inc.,
deleted text begin anddeleted text end Walmart, Inc.,new text begin and Purdue Pharma L.P.,new text end as well as related subsidiaries, affiliates, officers,
directors, and other related entities specifically named as a released entity in a statewide
opioid settlement agreement.
(f) "Statewide opioid settlement agreement" means an agreementdeleted text begin , including consent
judgments, assurances of discontinuance, and related agreements or documents,deleted text end between
the attorney general, on behalf of the state, and a settling defendant, to provide or allocate
remuneration for conduct related to the new text begin manufacture, new text end marketing,new text begin promotion,new text end sale, new text begin dispensing,
new text end or distribution of opioids in this state or other alleged illegal actions that contributed to the
excessive use of opioids. new text begin A statewide opioid settlement agreement includes consent
judgments, assurances of discontinuance, and related agreements or documents, that contain
structural or payment provisions requiring or anticipating the participation of municipalities
and allowing for the allocation of settlement funds between the state and municipalities to
be set through a state-specific agreement.
new text end
Sec. 2.
Minnesota Statutes 2024, section 4.046, subdivision 2, is amended to read:
Subd. 2.
Subcabinet membership.
The subcabinet consists of the following members:
(1) the commissioner of human services;
(2) the commissioner of health;
(3) the commissioner of education;
(4) the commissioner of public safety;
(5) the commissioner of corrections;
(6) the commissioner of management and budget;
(7) the commissioner of higher education;
new text begin
(8) the commissioner of children, youth, and families;
new text end
new text begin
(9) the chief executive officer of direct care and treatment;
new text end
new text begin
(10) the commissioner of commerce;
new text end
new text begin
(11) the director of the Office of Cannabis Management;
new text end
deleted text begin (8)deleted text end new text begin (12)new text end the chair of the Interagency Council on Homelessness; and
deleted text begin (9)deleted text end new text begin (13)new text end the governor's director of addiction and recovery, who shall serve as chair of
the subcabinet.
Sec. 3.
Minnesota Statutes 2024, section 4.046, subdivision 3, is amended to read:
Subd. 3.
Policy and strategy development.
The subcabinet must engage in the following
duties related to the development of opioid use, substance use, and addiction policy and
strategy:
(1) identify challenges and opportunities that exist relating to accessing treatment and
support services and develop recommendations to overcome these barriers for all
Minnesotans;
(2) with input from affected communities, develop policies and strategies that will reduce
barriers and gaps in service for all Minnesotans seeking treatment for opioid or substance
use disorder, particularly for those Minnesotans who are members of communities
disproportionately impacted by substance use and addiction;
(3) develop policies and strategies that the state may adopt to expand Minnesota's recovery
infrastructure, including detoxification or withdrawal management facilities, treatment
facilities, and sober housing;
(4) identify innovative services and strategies for effective treatment and support;
(5) develop policies and strategies to expand services and support for people in Minnesota
suffering from opioid or substance use disorder through partnership with the Opioid Epidemic
Response Advisory Council and other relevant partnerships;
(6) develop policies and strategies for agencies to manage addiction and the relationship
it has with co-occurring conditions;
(7) identify policies and strategies to address opioid or substance use disorder among
Minnesotans experiencing homelessness; deleted text begin and
deleted text end
(8) submit recommendations to the legislature addressing opioid use, substance use, and
addiction in Minnesotadeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(9) develop and publish a comprehensive substance use and addiction plan for the state.
The plan must establish goals and priorities for a comprehensive continuum of care for
substance misuse and substance use disorder for Minnesota. All state agencies' operating
programs related to substance use prevention, harm reduction, treatment, or recovery or
that are administering state or federal funds for those programs shall set program goals and
priorities in accordance with the state plan. Each state agency shall submit its relevant plans
and budgets to the subcabinet for review upon request.
new text end
Sec. 4.
Minnesota Statutes 2024, section 144.651, subdivision 2, is amended to read:
Subd. 2.
Definitions.
For the purposes of this section, "patient" means a person who is
admitted to an acute care inpatient facility for a continuous period longer than 24 hours, for
the purpose of diagnosis or treatment bearing on the physical or mental health of that person.
For purposes of subdivisions 4 to 9, 12, 13, 15, 16, and 18 to 20, "patient" also means a
person who receives health care services at an outpatient surgical center or at a birth center
licensed under section 144.615. "Patient" also means a minor who is admitted to a residential
program as defined in section 253C.01. For purposes of subdivisions 1, 3 to 16, 18, 20 and
30, "patient" also means any person who is receiving mental health treatment on an outpatient
basis or in a community support program or other community-based program. "Resident"
means a person who is admitted to a nonacute care facility including extended care facilities,
nursing homes, and boarding care homes for care required because of prolonged mental or
physical illness or disability, recovery from injury or disease, or advancing age. For purposes
of all subdivisions except subdivisions 28 and 29, "resident" also means a person who is
admitted to a facility licensed as a board and lodging facility under Minnesota Rules, parts
4625.0100 to 4625.2355, a boarding care home under sections 144.50 to 144.56, or a
supervised living facility under Minnesota Rules, parts 4665.0100 to 4665.9900, and which
operates a rehabilitation program licensed under chapter 245G or 245I, or Minnesota Rules,
parts 9530.6510 to 9530.6590.new text begin For purposes of all subdivisions except subdivisions 20, 28,
29, 32, and 33, "resident" also means a person who is admitted to a facility licensed to
provide intensive residential treatment services or residential crisis stabilization under section
245I.23.
new text end
Sec. 5.
Minnesota Statutes 2024, section 169A.284, is amended to read:
169A.284 deleted text begin CHEMICAL DEPENDENCYdeleted text end new text begin COMPREHENSIVEnew text end ASSESSMENT
CHARGE; SURCHARGE.
Subdivision 1.
When required.
(a) When a court sentences a person convicted of an
offense enumerated in section 169A.70, subdivision 2 (deleted text begin chemical usedeleted text end new text begin substance use disordernew text end
assessment; requirement; form), new text begin except as provided in paragraph (c), new text end it shall order the person
to pay the cost of the new text begin substance use disorder new text end assessment directly to the entity conducting
the assessment or providing the assessment services in an amount determined by the entity
conducting or providing the service and shall impose a deleted text begin chemical dependencydeleted text end new text begin substance use
disordernew text end assessment charge of $25. The court may waive the $25 new text begin substance use disorder
new text end assessment charge, but may not waive the cost for the assessment paid directly to the entity
conducting the assessment or providing assessment services. A person shall pay an additional
surcharge of $5 if the person is convicted of a violation of section 169A.20 (driving while
impaired) within five years of a prior impaired driving conviction or a prior conviction for
an offense arising out of an arrest for a violation of section 169A.20 or Minnesota Statutes
1998, section 169.121 (driver under influence of alcohol or controlled substance) or 169.129
(aggravated DWI-related violations; penalty). This section applies when the sentence is
executed, stayed, or suspended. The court may not waive payment new text begin of new text end or authorize payment
new text begin in installments new text end of the new text begin substance use disorder new text end assessment charge and surcharge deleted text begin in installmentsdeleted text end
unless it makes written findings on the record that the convicted person is indigent or that
the new text begin substance use disorder new text end assessment charge and surcharge would create undue hardship
for the convicted person or that person's immediate family.
(b) The deleted text begin chemical dependencydeleted text end new text begin substance use disordernew text end assessment charge and surcharge
required under this section are in addition to the surcharge required by section 357.021,
subdivision 6 (surcharges on criminal and traffic offenders).
new text begin
(c) The court must not order the person convicted of an offense enumerated in section
169A.70, subdivision 2, to pay the cost of the substance use disorder assessment if the
individual is eligible for payment of the assessment under chapter 254B or 256B.
new text end
Subd. 2.
Distribution of money.
The court administrator shall collect and forward the
deleted text begin chemical dependencydeleted text end new text begin substance use disordernew text end assessment charge and the $5 surcharge, if
any, to the commissioner of management and budget to be deposited in the state treasury
and credited to the general fund.
Sec. 6.
Minnesota Statutes 2024, section 245.462, subdivision 4, is amended to read:
Subd. 4.
Case management service provider.
(a) "Case management service provider"
means a case manager or case manager associate employed by the county or other entity
authorized by the county board to provide case management services specified in section
245.4711.
(b) A case manager must:
(1) be skilled in the process of identifying and assessing a wide range of client needs;
(2) be knowledgeable about local community resources and how to use those resources
for the benefit of the client;
(3) be a mental health practitioner as defined in section 245I.04, subdivision 4, or have
a bachelor's degree in one of the behavioral sciences or related fields including, but not
limited to, social work, psychology, or nursing from an accredited college or university. A
case manager who is not a mental health practitioner deleted text begin anddeleted text end new text begin ornew text end who does not have a bachelor's
degree in one of the behavioral sciences or related fields must meet the requirements of
paragraph (c); and
(4) meet the supervision and continuing education requirements described in paragraphs
(d), (e), and (f), as applicable.
(c) Case managers without a bachelor's degreenew text begin or with a bachelor's degree that is not in
one of the behavioral sciences or related fieldsnew text end must meet one of the requirements in clauses
(1) to deleted text begin (3)deleted text end new text begin (5)new text end :
(1) have deleted text begin three ordeleted text end four years of experience as a case manager associate as defined in this
section;
(2) be a registered nurse without a bachelor's degree and have a combination of
specialized training in psychiatry and work experience consisting of community interaction
and involvement or community discharge planning in a mental health setting totaling three
years; deleted text begin or
deleted text end
(3) be a person who qualified as a case manager under the 1998 Department of Human
Service waiver provision and meet the continuing education and mentoring requirements
in this sectiondeleted text begin .deleted text end new text begin ;
new text end
new text begin
(4) prior to direct service delivery, complete at least 80 hours of specific training on the
characteristics and needs of adults with serious and persistent mental illness that is consistent
with national practice standards; or
new text end
new text begin
(5) prior to direct service delivery, demonstrate competency in practice and knowledge
of the characteristics and needs of adults with serious and persistent mental illness, consistent
with national practice standards.
new text end
(d) A case manager with at least 2,000 hours of supervised experience in the delivery
of services to adults with mental illness must receive regular ongoing supervision and clinical
supervision totaling 38 hours per year of which at least one hour per month must be clinical
supervision regarding individual service delivery with a case management supervisor. The
remaining 26 hours of supervision may be provided by a case manager with two years of
experience. Group supervision may not constitute more than one-half of the required
supervision hours. Clinical supervision must be documented in the client record.
(e) A case manager without 2,000 hours of supervised experience in the delivery of
services to adults with mental illness must:
(1) receive clinical supervision regarding individual service delivery from a mental
health professional at least one hour per week until the requirement of 2,000 hours of
experience is met; and
(2) complete 40 hours of training approved by the commissioner in case management
skills and the characteristics and needs of adults with serious and persistent mental illness.
(f) A case manager who is not licensed, registered, or certified by a health-related
licensing board must receive 30 hours of continuing education and training in mental illness
and mental health services every two years.
(g) A case manager associate (CMA) must:
(1) work under the direction of a case manager or case management supervisor;
(2) be at least 21 years of age;
(3) have at least a high school diploma or its equivalent; and
(4) meet one of the following criteria:
(i) have an associate of arts degree in one of the behavioral sciences or human services;
(ii) be a certified peer specialist under section 256B.0615;
(iii) be a registered nurse without a bachelor's degree;
(iv) within the previous ten years, have three years of life experience with serious and
persistent mental illness as defined in subdivision 20; or as a child had severe emotional
disturbance as defined in section 245.4871, subdivision 6; or have three years life experience
as a primary caregiver to an adult with serious and persistent mental illness within the
previous ten years;
(v) have 6,000 hours work experience as a nondegreed state hospital technician; or
(vi) have at least 6,000 hours of supervised experience in the delivery of services to
persons with mental illness.
Individuals meeting one of the criteria in items (i) to (v) may qualify as a case manager
after four years of supervised work experience as a case manager associate. Individuals
meeting the criteria in item (vi) may qualify as a case manager after three years of supervised
experience as a case manager associate.
(h) A case management associate must meet the following supervision, mentoring, and
continuing education requirements:
(1) have 40 hours of preservice training described under paragraph (e), clause (2);
(2) receive deleted text begin at least 40 hours ofdeleted text end new text begin annualnew text end continuing education in mental illness and mental
health services deleted text begin annually; anddeleted text end new text begin according to the following schedule, based on years of service
as a case management associate:
new text end
new text begin
(i) at least 40 hours in the first year;
new text end
new text begin
(ii) at least 30 hours in the second year;
new text end
new text begin
(iii) at least 20 hours in the third year; and
new text end
new text begin
(iv) at least 20 hours in the fourth year; and
new text end
(3) receive at least deleted text begin fivedeleted text end new text begin fournew text end hours of deleted text begin mentoringdeleted text end new text begin supervisionnew text end per deleted text begin weekdeleted text end new text begin monthnew text end from a case
management deleted text begin mentordeleted text end new text begin supervisornew text end .
deleted text begin
A "case management mentor" means a qualified, practicing case manager or case management
supervisor who teaches or advises and provides intensive training and clinical supervision
to one or more case manager associates. Mentoring may occur while providing direct services
to consumers in the office or in the field and may be provided to individuals or groups of
case manager associates. At least two mentoring hours per week must be individual and
face-to-face.
deleted text end
(i) A case management supervisor must meet the criteria for mental health professionals,
as specified in subdivision 18.
(j) An immigrant who does not have the qualifications specified in this subdivision may
provide case management services to adult immigrants with serious and persistent mental
illness who are members of the same ethnic group as the case manager if the person:
(1) is currently enrolled in and is actively pursuing credits toward the completion of a
bachelor's degree in one of the behavioral sciences or a related field including, but not
limited to, social work, psychology, or nursing from an accredited college or university;
(2) completes 40 hours of training as specified in this subdivision; and
(3) receives clinical supervision at least once a week until the requirements of this
subdivision are met.
Sec. 7.
Minnesota Statutes 2024, section 245.4661, subdivision 9, is amended to read:
Subd. 9.
Services and programs.
(a) The following three distinct grant programs are
funded under this section:
(1) mental health crisis services;
(2) housing with supports for adults with serious mental illness; and
(3) projects for assistance in transitioning from homelessness (PATH program).
(b) In addition, the following are eligible for grant funds:
(1) community education and prevention;
(2) client outreach;
(3) early identification and intervention;
(4) adult outpatient diagnostic assessment and psychological testing;
(5) peer support services;
(6) community support program services (CSP);
(7) adult residential crisis stabilization;
(8) supported employment;
(9) assertive community treatment (ACT);
(10) housing subsidies;
(11) basic living, social skills, and community intervention;
(12) emergency response services;
(13) adult outpatient psychotherapy;
(14) adult outpatient medication management;
(15) adult mobile crisis servicesnew text begin , including the purchase and renovation of vehicles by
mobile crisis teams in order to provide protected transport under section 256B.0625,
subdivision 17, paragraph (l), clause (6)new text end ;
(16) adult day treatment;
(17) partial hospitalization;
(18) adult residential treatment;
(19) adult mental health targeted case management; and
(20) transportation.
Sec. 8.
Minnesota Statutes 2024, section 245.469, is amended to read:
245.469 EMERGENCY SERVICES.
Subdivision 1.
Availability of emergency services.
(a) County boards must provide or
contract for enough emergency services within the county to meet the needs of adults,
children, and families in the county who are experiencing an emotional crisis or mental
illness. new text begin Clients must not be charged for services provided. new text end Emergency service providers
must deleted text begin not delay the timely provision of emergency services to a client because of the
unwillingness or inability of the client to pay for servicesdeleted text end new text begin meet the qualifications under
section 256B.0624, subdivision 4new text end . Emergency services must include assessment, crisis
intervention, and appropriate case disposition. Emergency services must:
(1) promote the safety and emotional stability of each client;
(2) minimize further deterioration of each client;
(3) help each client to obtain ongoing care and treatment;
(4) prevent placement in settings that are more intensive, costly, or restrictive than
necessary and appropriate to meet client needs; and
(5) provide support, psychoeducation, and referrals to each client's family members,
service providers, and other third parties on behalf of the client in need of emergency
services.
(b) If a county provides engagement services under section 253B.041, the county's
emergency service providers must refer clients to engagement services when the client
meets the criteria for engagement services.
Subd. 2.
Specific requirements.
(a) The county board shall require that all service
providers of emergency services to adults new text begin or children new text end with mental illness provide immediate
direct access to a mental health professional during regular business hours. For evenings,
weekends, and holidays, the service may be by direct toll-free telephone access to a mental
health professional, clinical trainee, or mental health practitioner.
(b) The commissioner may waive the requirement in paragraph (a) that the evening,
weekend, and holiday service be provided by a mental health professional, clinical trainee,
or mental health practitioner if the county documents that:
(1) mental health professionals, clinical trainees, or mental health practitioners are
unavailable to provide this service;
(2) services are provided by a designated person with training in human services who
receives treatment supervision from a mental health professional; and
(3) the service provider is not also the provider of fire and public safety emergency
services.
(c) The commissioner may waive the requirement in paragraph (b), clause (3), that the
evening, weekend, and holiday service not be provided by the provider of fire and public
safety emergency services if:
(1) every person who will be providing the first telephone contact has received at least
eight hours of training on emergency mental health services approved by the commissioner;
(2) every person who will be providing the first telephone contact will annually receive
at least four hours of continued training on emergency mental health services approved by
the commissioner;
(3) the local social service agency has provided public education about available
emergency mental health services and can assure potential users of emergency services that
their calls will be handled appropriately;
(4) the local social service agency agrees to provide the commissioner with accurate
data on the number of emergency mental health service calls received;
(5) the local social service agency agrees to monitor the frequency and quality of
emergency services; and
(6) the local social service agency describes how it will comply with paragraph (d).
(d) Whenever emergency service during nonbusiness hours is provided by anyone other
than a mental health professional, a mental health professional must be available on call for
an emergency assessment and crisis intervention services, and must be available for at least
telephone consultation within 30 minutes.
Subd. 3.
Mental health crisis services.
The commissioner of human services shall
increase access to mental health crisis services for children and adults. In order to increase
access, the commissioner must:
(1) deleted text begin develop a central phone number where calls can be routed to the appropriate crisis
servicesdeleted text end new text begin promote the 988 Lifelinenew text end ;
(2) provide telephone consultation 24 hours a day to mobile crisis teams who are serving
people with traumatic brain injury or intellectual disabilities who are experiencing a mental
health crisis;
(3) expand crisis services across the state, including rural areas of the state and examining
access per population;
(4) establish and implement state standards and requirements for crisis services as outlined
in section 256B.0624; and
(5) provide grants to adult mental health initiatives, counties, tribes, or community mental
health providers to establish new mental health crisis residential service capacity.
Priority will be given to regions that do not have a mental health crisis residential services
program, do not have an inpatient psychiatric unit within the region, do not have an inpatient
psychiatric unit within 90 miles, or have a demonstrated need based on the number of crisis
residential or intensive residential treatment beds available to meet the needs of the residents
in the region. At least 50 percent of the funds must be distributed to programs in rural
Minnesota. Grant funds may be used for start-up costs, including but not limited to
renovations, furnishings, and staff training. Grant applications shall provide details on how
the intended service will address identified needs and shall demonstrate collaboration with
crisis teams, other mental health providers, hospitals, and police.
Sec. 9.
Minnesota Statutes 2024, section 245.481, is amended to read:
245.481 FEES FOR MENTAL HEALTH SERVICES.
A client or, in the case of a child, the child or the child's parent may be required to pay
a fee for mental health services provided under sections 245.461 new text begin to 245.4682, 245.470 new text end to
245.486new text begin ,new text end and 245.487 to 245.4889. The fee must be based on the person's ability to pay
according to the fee schedule adopted by the county board. In adopting the fee schedule for
mental health services, the county board may adopt the fee schedule provided by the
commissioner or adopt a fee schedule recommended by the county board and approved by
the commissioner. Agencies or individuals under contract with a county board to provide
mental health services under sections 245.461 to 245.486 and 245.487 to 245.4889 must
not charge clients whose mental health services are paid wholly or in part from public funds
fees which exceed the county board's adopted fee schedule. This section does not apply to
regional treatment center fees, which are governed by sections 246.50 to 246.55.
Sec. 10.
Minnesota Statutes 2024, section 245.4871, subdivision 4, is amended to read:
Subd. 4.
Case management service provider.
(a) "Case management service provider"
means a case manager or case manager associate employed by the county or other entity
authorized by the county board to provide case management services specified in subdivision
3 for the child with severe emotional disturbance and the child's family.
(b) A case manager must:
(1) have experience and training in working with children;
(2) new text begin be a mental health practitioner under section 245I.04, subdivision 4, or new text end have at least
a bachelor's degree in one of the behavioral sciences or a related field including, but not
limited to, social work, psychology, or nursing from an accredited college or university or
meet the requirements of paragraph (d);
(3) have experience and training in identifying and assessing a wide range of children's
needs;
(4) be knowledgeable about local community resources and how to use those resources
for the benefit of children and their families; and
(5) meet the supervision and continuing education requirements of paragraphs (e), (f),
and (g), as applicable.
(c) A case manager may be a member of any professional discipline that is part of the
local system of care for children established by the county board.
(d) A case manager deleted text begin withoutdeleted text end new text begin who is not a mental health practitioner and does not have
new text end a bachelor's degreenew text begin or who has a bachelor's degree that is not in one of the behavioral sciences
or related fieldsnew text end must meet one of the requirements in clauses (1) to deleted text begin (3)deleted text end new text begin (5)new text end :
(1) have three or four years of experience as a case manager associate;
(2) be a registered nurse without a bachelor's degree who has a combination of specialized
training in psychiatry and work experience consisting of community interaction and
involvement or community discharge planning in a mental health setting totaling three years;
deleted text begin or
deleted text end
(3) be a person who qualified as a case manager under the 1998 Department of Human
Services waiver provision and meets the continuing education, supervision, and mentoring
requirements in this sectiondeleted text begin .deleted text end new text begin ;
new text end
new text begin
(4) prior to direct service delivery, complete at least 80 hours of specific training on the
characteristics and needs of children with serious mental illness that is consistent with
national practices standards; or
new text end
new text begin
(5) prior to direct service delivery, demonstrate competency in practice and knowledge
of the characteristics and needs of children with serious mental illness, consistent with
national practices standards.
new text end
(e) A case manager with at least 2,000 hours of supervised experience in the delivery
of mental health services to children must receive regular ongoing supervision and clinical
supervision totaling 38 hours per year, of which at least one hour per month must be clinical
supervision regarding individual service delivery with a case management supervisor. The
other 26 hours of supervision may be provided by a case manager with two years of
experience. Group supervision may not constitute more than one-half of the required
supervision hours.
(f) A case manager without 2,000 hours of supervised experience in the delivery of
mental health services to children with emotional disturbance must:
(1) begin 40 hours of training approved by the commissioner of human services in case
management skills and in the characteristics and needs of children with severe emotional
disturbance before beginning to provide case management services; and
(2) receive clinical supervision regarding individual service delivery from a mental
health professional at least one hour each week until the requirement of 2,000 hours of
experience is met.
(g) A case manager who is not licensed, registered, or certified by a health-related
licensing board must receive 30 hours of continuing education and training in severe
emotional disturbance and mental health services every two years.
(h) Clinical supervision must be documented in the child's record. When the case manager
is not a mental health professional, the county board must provide or contract for needed
clinical supervision.
(i) The county board must ensure that the case manager has the freedom to access and
coordinate the services within the local system of care that are needed by the child.
(j) A case manager associate (CMA) must:
(1) work under the direction of a case manager or case management supervisor;
(2) be at least 21 years of age;
(3) have at least a high school diploma or its equivalent; and
(4) meet one of the following criteria:
(i) have an associate of arts degree in one of the behavioral sciences or human services;
(ii) be a registered nurse without a bachelor's degree;
(iii) have three years of life experience as a primary caregiver to a child with serious
emotional disturbance as defined in subdivision 6 within the previous ten years;
(iv) have 6,000 hours work experience as a nondegreed state hospital technician; or
(v) have 6,000 hours of supervised work experience in the delivery of mental health
services to children with emotional disturbances; hours worked as a mental health behavioral
aide I or II under section 256B.0943, subdivision 7, may count toward the 6,000 hours of
supervised work experience.
Individuals meeting one of the criteria in items (i) to (iv) may qualify as a case manager
after four years of supervised work experience as a case manager associate. Individuals
meeting the criteria in item (v) may qualify as a case manager after three years of supervised
experience as a case manager associate.
(k) Case manager associates must meet the following supervision, mentoring, and
continuing education requirements;
(1) have 40 hours of preservice training described under paragraph (f), clause (1);
(2) receive at least 40 hours of continuing education in severe emotional disturbance
and mental health service annually; and
(3) receive at least five hours of mentoring per week from a case management mentor.
A "case management mentor" means a qualified, practicing case manager or case management
supervisor who teaches or advises and provides intensive training and clinical supervision
to one or more case manager associates. Mentoring may occur while providing direct services
to consumers in the office or in the field and may be provided to individuals or groups of
case manager associates. At least two mentoring hours per week must be individual and
face-to-face.
(l) A case management supervisor must meet the criteria for a mental health professional
as specified in subdivision 27.
(m) An immigrant who does not have the qualifications specified in this subdivision
may provide case management services to child immigrants with severe emotional
disturbance of the same ethnic group as the immigrant if the person:
(1) is currently enrolled in and is actively pursuing credits toward the completion of a
bachelor's degree in one of the behavioral sciences or related fields at an accredited college
or university;
(2) completes 40 hours of training as specified in this subdivision; and
(3) receives clinical supervision at least once a week until the requirements of obtaining
a bachelor's degree and 2,000 hours of supervised experience are met.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 11.
Minnesota Statutes 2024, section 245.4871, is amended by adding a subdivision
to read:
new text begin Subd. 7a. new text end
new text begin Clinical supervision. new text end
new text begin
"Clinical supervision" means the oversight responsibility
for individual treatment plans and individual mental health service delivery, including
oversight provided by the case manager. Clinical supervision must be provided by a mental
health professional. The supervising mental health professional must cosign an individual
treatment plan and the mental health professional's name must be documented in the client's
record.
new text end
Sec. 12.
Minnesota Statutes 2024, section 245.4871, subdivision 31, is amended to read:
Subd. 31.
Professional home-based family treatment.
new text begin (a) new text end "Professional home-based
family treatment" means intensive mental health services provided to children because of
deleted text begin an emotional disturbancedeleted text end new text begin mental illness:new text end (1) who are at risk of deleted text begin out-of-home placementdeleted text end new text begin
residential treatment or therapeutic foster carenew text end ; (2) who are in deleted text begin out-of-home placementdeleted text end new text begin
residential treatment or therapeutic foster carenew text end ; or (3) who are returning from deleted text begin out-of-home
placementdeleted text end new text begin residential treatment or therapeutic foster carenew text end .
new text begin (b)new text end Services are provided to the child and the child's family primarily in the child's home
environment. Services may also be provided in the child's school, child care setting, or other
community setting appropriate to the child. Services must be provided on an individual
family basis, must be child-oriented and family-oriented, and must be designed using
information from diagnostic and functional assessments to meet the specific mental health
needs of the child and the child's family.new text begin Services must be coordinated with other services
provided to the child and the child's family.
new text end
new text begin (c)new text end Examples of services are: (1) individual therapy; (2) family therapy; (3) client
outreach; (4) assistance in developing individual living skills; (5) assistance in developing
parenting skills necessary to address the needs of the child; (6) assistance with leisure and
recreational services; (7) crisis planning, including crisis respite care and arranging for crisis
placement; and (8) assistance in locating respite and child care. Services must be coordinated
with other services provided to the child and family.
Sec. 13.
Minnesota Statutes 2024, section 245.4874, subdivision 1, is amended to read:
Subdivision 1.
Duties of county board.
(a) The county board must:
(1) develop a system of affordable and locally available children's mental health services
according to sections 245.487 to 245.4889;
(2) consider the assessment of unmet needs in the county as reported by the local
children's mental health advisory council under section 245.4875, subdivision 5, paragraph
(b), clause (3). The county shall provide, upon request of the local children's mental health
advisory council, readily available data to assist in the determination of unmet needs;
(3) assure that parents and providers in the county receive information about how to
gain access to services provided according to sections 245.487 to 245.4889;
(4) coordinate the delivery of children's mental health services with services provided
by social services, education, corrections, health, and vocational agencies to improve the
availability of mental health services to children and the cost-effectiveness of their delivery;
(5) assure that mental health services delivered according to sections 245.487 to 245.4889
are delivered expeditiously and are appropriate to the child's diagnostic assessment and
individual treatment plan;
(6) provide for case management services to each child with deleted text begin severe emotional disturbancedeleted text end new text begin
serious mental illnessnew text end according to sections 245.486; 245.4871, subdivisions 3 and 4; and
245.4881, subdivisions 1, 3, and 5;
(7) provide for screening of each child under section 245.4885 upon admission to a
residential treatment facilitydeleted text begin , acute care hospital inpatient treatment, or informal admission
to a regional treatment centerdeleted text end ;
(8) prudently administer grants and purchase-of-service contracts that the county board
determines are necessary to fulfill its responsibilities under sections 245.487 to 245.4889;
(9) assure that mental health professionals, mental health practitioners, and case managers
employed by or under contract to the county to provide mental health services are qualified
under section 245.4871;
(10) assure that children's mental health services are coordinated with adult mental health
services specified in sections 245.461 to 245.486 so that a continuum of mental health
services is available to serve persons with mental illness, regardless of the person's age;
(11) assure that culturally competent mental health consultants are used as necessary to
assist the county board in assessing and providing appropriate treatment for children of
cultural or racial minority heritage; and
(12) consistent with section 245.486, arrange for or provide a children's mental health
screening for:
(i) a child receiving child protective services;
(ii) a child in deleted text begin out-of-home placementdeleted text end new text begin residential treatment or therapeutic foster carenew text end ;
(iii) a child for whom parental rights have been terminated;
(iv) a child found to be delinquent; or
(v) a child found to have committed a juvenile petty offense for the third or subsequent
time.
A children's mental health screening is not required when a screening or diagnostic
assessment has been performed within the previous 180 days, or the child is currently under
the care of a mental health professional.
(b) When a child is receiving protective services or is in deleted text begin out-of-home placementdeleted text end new text begin
residential treatment or foster carenew text end , the court or county agency must notify a parent or
guardian whose parental rights have not been terminated of the potential mental health
screening and the option to prevent the screening by notifying the court or county agency
in writing.
(c) When a child is found to be delinquent or a child is found to have committed a
juvenile petty offense for the third or subsequent time, the court or county agency must
obtain written informed consent from the parent or legal guardian before a screening is
conducted unless the court, notwithstanding the parent's failure to consent, determines that
the screening is in the child's best interest.
(d) The screening shall be conducted with a screening instrument approved by the
commissioner of human services according to criteria that are updated and issued annually
to ensure that approved screening instruments are valid and useful for child welfare and
juvenile justice populations. Screenings shall be conducted by a mental health practitioner
as defined in section 245.4871, subdivision 26, or a probation officer or local social services
agency staff person who is trained in the use of the screening instrument. Training in the
use of the instrument shall include:
(1) training in the administration of the instrument;
(2) the interpretation of its validity given the child's current circumstances;
(3) the state and federal data practices laws and confidentiality standards;
(4) the parental consent requirement; and
(5) providing respect for families and cultural values.
If the screen indicates a need for assessment, the child's family, or if the family lacks
mental health insurance, the local social services agency, in consultation with the child's
family, shall have conducted a diagnostic assessment, including a functional assessment.
The administration of the screening shall safeguard the privacy of children receiving the
screening and their families and shall comply with the Minnesota Government Data Practices
Act, chapter 13, and the federal Health Insurance Portability and Accountability Act of
1996, Public Law 104-191. Screening results are classified as private data on individuals,
as defined by section 13.02, subdivision 12. The county board or Tribal nation may provide
the commissioner with access to the screening results for the purposes of program evaluation
and improvement.
(e) When the county board refers clients to providers of children's therapeutic services
and supports under section 256B.0943, the county board must clearly identify the desired
services components not covered under section 256B.0943 and identify the reimbursement
source for those requested services, the method of payment, and the payment rate to the
provider.
Sec. 14.
Minnesota Statutes 2024, section 245.4881, subdivision 3, is amended to read:
Subd. 3.
Duties of case manager.
(a) Upon a determination of eligibility for case
management services, the case manager shall develop an individual family community
support plan for a child as specified in subdivision 4, review the child's progress, deleted text begin anddeleted text end monitor
the provision of servicesnew text begin , and, if the child and the child's parent or legal guardian consent,
complete a written functional assessment as defined in section 245.4871, subdivision 18anew text end .
If services are to be provided in a host county that is not the county of financial responsibility,
the case manager shall consult with the host county and obtain a letter demonstrating the
concurrence of the host county regarding the provision of services.
(b) The case manager shall note in the child's record the services needed by the child
and the child's family, the services requested by the family, services that are not available,
and the unmet needs of the child and child's family. The case manager shall note this
provision in the child's record.
Sec. 15.
Minnesota Statutes 2024, section 245.4901, subdivision 3, is amended to read:
Subd. 3.
Allowable grant activities and related expenses.
(a) Allowable grant activities
and related expenses may include but are not limited to:
(1) identifying and diagnosing mental health conditions and substance use disorders of
students;
(2) delivering mental health and substance use disorder treatment and services to students
and their families, including via telehealth consistent with section 256B.0625, subdivision
3b;
(3) supporting families in meeting their child's needs, including new text begin accessing needed mental
health services to support the child's parent in caregiving and new text end navigating health care, social
service, and juvenile justice systems;
(4) providing transportation for students receiving school-linked behavioral health
services when school is not in session;
(5) building the capacity of schools to meet the needs of students with mental health and
substance use disorder concerns, including school staff development activities for licensed
and nonlicensed staff; and
(6) purchasing equipment, connection charges, on-site coordination, set-up fees, and
site fees in order to deliver school-linked behavioral health services via telehealth.
(b) Grantees shall obtain all available third-party reimbursement sources as a condition
of receiving a grant. For purposes of this grant program, a third-party reimbursement source
excludes a public school as defined in section 120A.20, subdivision 1. Grantees shall serve
students regardless of health coverage status or ability to pay.
Sec. 16.
new text begin
[245.4904] INTERMEDIATE SCHOOL DISTRICT BEHAVIORAL
HEALTH GRANT PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment. new text end
new text begin
The commissioner of human services must establish a
grant program to improve behavioral health outcomes for youth attending a qualifying
school unit and to build the capacity of schools to support student and teacher needs in the
classroom. For purposes of this section, "qualifying school unit" means an intermediate
school district organized under section 136D.01.
new text end
new text begin Subd. 2. new text end
new text begin Eligible applicants. new text end
new text begin
An eligible applicant is an intermediate school district
organized under section 136D.01, and a partner entity or provider that has demonstrated
capacity to serve the youth identified in subdivision 1 that is:
new text end
new text begin
(1) a mental health clinic certified under section 245I.20;
new text end
new text begin
(2) a community mental health center under section 256B.0625, subdivision 5;
new text end
new text begin
(3) an Indian health service facility or a facility owned and operated by a Tribe or Tribal
organization operating under United States Code, title 25, section 5321;
new text end
new text begin
(4) a provider of children's therapeutic services and supports as defined in section
256B.0943;
new text end
new text begin
(5) enrolled in medical assistance as a mental health or substance use disorder provider
agency and employs at least two full-time equivalent mental health professionals qualified
according to section 245I.04, subdivision 2, or two alcohol and drug counselors licensed or
exempt from licensure under chapter 148F who are qualified to provide clinical services to
children and families;
new text end
new text begin
(6) licensed under chapter 245G and in compliance with the applicable requirements in
chapters 245A, 245C, and 260E; section 626.557; and Minnesota Rules, chapter 9544; or
new text end
new text begin
(7) a licensed professional in private practice as defined in section 245G.01, subdivision
17, who meets the requirements of section 254B.05, subdivision 1, paragraph (b).
new text end
new text begin Subd. 3. new text end
new text begin Allowable grant activities and related expenses. new text end
new text begin
(a) Allowable grant activities
and related expenses include but are not limited to:
new text end
new text begin
(1) identifying mental health conditions and substance use disorders of students;
new text end
new text begin
(2) delivering mental health and substance use disorder treatment and supportive services
to students and their families within the classroom, including via telehealth consistent with
section 256B.0625, subdivision 3b;
new text end
new text begin
(3) delivering therapeutic interventions and customizing an array of supplementary
learning experiences for students;
new text end
new text begin
(4) supporting families in meeting their child's needs, including navigating health care,
social service, and juvenile justice systems;
new text end
new text begin
(5) providing transportation for students receiving behavioral health services when school
is not in session;
new text end
new text begin
(6) building the capacity of schools to meet the needs of students with mental health and
substance use disorder concerns, including school staff development activities for licensed
and nonlicensed staff; and
new text end
new text begin
(7) purchasing equipment, connection charges, on-site coordination, set-up fees, and
site fees in order to deliver school-linked behavioral health services via telehealth.
new text end
new text begin
(b) Grantees must obtain all available third-party reimbursement sources as a condition
of receiving grant funds. For purposes of this grant program, a third-party reimbursement
source does not include a public school as defined in section 120A.20, subdivision 1. Grantees
shall serve students regardless of health coverage status or ability to pay.
new text end
new text begin Subd. 4. new text end
new text begin Calculating the share of the appropriation. new text end
new text begin
(a) Grants must be awarded to
qualifying school units proportionately.
new text end
new text begin
(b) The commissioner must calculate the share of the appropriation to be used in each
qualifying school unit by multiplying the total appropriation going to the grantees by the
qualifying school unit's average daily membership in a setting of federal instructional level
4 or higher and then dividing by the total average daily membership in a setting of federal
instructional level 4 or higher for the same year for all qualifying school units.
new text end
new text begin Subd. 5. new text end
new text begin Data collection and outcome measurement. new text end
new text begin
Grantees must provide data to
the commissioner for the purpose of evaluating the Intermediate School District Behavioral
Health Innovation grant program. The commissioner must consult with grantees to develop
outcome measures for program capacity and performance.
new text end
Sec. 17.
Minnesota Statutes 2024, section 245.4907, subdivision 3, is amended to read:
Subd. 3.
Allowable grant activities.
Grantees must use grant funding to provide training
for mental health deleted text begin certifieddeleted text end family peer deleted text begin specialistsdeleted text end new text begin specialist candidates and continuing
education to certified family peer specialistsnew text end as specified in section 256B.0616, subdivision
5.
Sec. 18.
Minnesota Statutes 2024, section 245.50, subdivision 3, is amended to read:
Subd. 3.
Exceptions.
A contract may not be entered into under this section for services
to persons who:
(1) are serving a sentence after conviction of a criminal offense;
deleted text begin
(2) are on probation or parole;
deleted text end
deleted text begin (3)deleted text end new text begin (2)new text end are the subject of a presentence investigation; or
deleted text begin (4)deleted text end new text begin (3)new text end have been committed involuntarily in Minnesota under chapter 253B for treatment
of mental illness or chemical dependency, except as provided under subdivision 5.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 19.
Minnesota Statutes 2024, section 245.50, is amended by adding a subdivision to
read:
new text begin Subd. 6. new text end
new text begin Contract notice. new text end
new text begin
A Minnesota mental health, chemical health, or detoxification
agency or facility entering into a contract with a bordering state under this section must,
within 30 days of the contract's effective date, provide the commissioner of human services
with a copy of the contract. If the contract is amended, the agency or facility must provide
the commissioner with a copy of each amendment within 30 days of the amendment's
effective date.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 20.
Minnesota Statutes 2024, section 245F.06, subdivision 2, is amended to read:
Subd. 2.
Comprehensive assessment.
(a) Prior to a medically stable discharge, but not
later than 72 hours following admission, a license holder must provide a comprehensive
assessment according to sections 245.4863, paragraph (a), and 245G.05, for each patient
who has a positive screening for a substance use disorder. If a patient's medical condition
prevents a comprehensive assessment from being completed within 72 hours, the license
holder must document why the assessment was not completed. The comprehensive
assessment must include documentation of the appropriateness of an involuntary referral
through the civil commitment process.
(b) If available to the program, a patient's previous comprehensive assessment may be
used in the patient record. If a previously completed comprehensive assessment is used, its
contents must be reviewed to ensure the assessment is accurate and current and complies
with the requirements of this chapter. The review must be completed by a staff person
qualified according to section deleted text begin 245G.11, subdivision 5deleted text end new text begin 245G.05, subdivision 1new text end . The license
holder must document that the review was completed and that the previously completed
assessment is accurate and current, or the license holder must complete an updated or new
assessment.
Sec. 21.
Minnesota Statutes 2024, section 245G.05, subdivision 1, is amended to read:
Subdivision 1.
Comprehensive assessment.
new text begin (a) new text end A comprehensive assessment of the
client's substance use disorder must be administered face-to-face deleted text begin by an alcohol and drug
counselordeleted text end within five calendar days from the day of service initiation for a residential
program or by the end of the fifth day on which a treatment service is provided in a
nonresidential program. The number of days to complete the comprehensive assessment
excludes the day of service initiation.
new text begin
(b) A comprehensive assessment must be administered by:
new text end
new text begin
(1) an alcohol and drug counselor;
new text end
new text begin
(2) a mental health professional who meets the qualifications under section 245I.04,
subdivision 2, practices within the scope of their professional licensure, and has at least 12
hours of training in substance use disorder and treatment;
new text end
new text begin
(3) a clinical trainee who meets the qualifications under section 245I.04, subdivision 6,
practicing under the supervision of a mental health professional who meets the requirements
of clause (2); or
new text end
new text begin
(4) an advanced practice registered nurse as defined in section 148.171, subdivision 3,
who practices within the scope of their professional licensure and has at least 12 hours of
training in substance use disorder and treatment.
new text end
new text begin (c)new text end If the comprehensive assessment is not completed within the required time frame,
the person-centered reason for the delay and the planned completion date must be documented
in the client's file. The comprehensive assessment is complete upon a qualified staff member's
dated signature. If the client received a comprehensive assessment that authorized the
treatment service, deleted text begin an alcohol and drug counselordeleted text end new text begin a staff member qualified under paragraph
(b)new text end may use the comprehensive assessment for requirements of this subdivision but must
document a review of the comprehensive assessment and update the comprehensive
assessment as clinically necessary to ensure compliance with this subdivision within
applicable timelines. deleted text begin An alcohol and drug counselordeleted text end new text begin A staff member qualified under
paragraph (b)new text end must sign and date the comprehensive assessment review and update.
Sec. 22.
Minnesota Statutes 2024, section 245G.11, subdivision 7, is amended to read:
Subd. 7.
Treatment coordination provider qualifications.
(a) Treatment coordination
must be provided by qualified staff. An individual is qualified to provide treatment
coordination if the individual meets the qualifications of an alcohol and drug counselor
under subdivision 5 or if the individual:
(1) is skilled in the process of identifying and assessing a wide range of client needs;
(2) is knowledgeable about local community resources and how to use those resources
for the benefit of the client;
(3) has deleted text begin successfullydeleted text end completed deleted text begin 30deleted text end new text begin 15new text end hours of deleted text begin classroom instruction on treatmentdeleted text end
new text begin education or training on substance use disorder, co-occurring conditions, and care
new text end coordination for deleted text begin an individualdeleted text end new text begin individualsnew text end with substance use disordernew text begin or co-occurring
conditions that is consistent with national evidence-based standardsnew text end ;
(4) deleted text begin has eitherdeleted text end new text begin meets one of the following criterianew text end :
(i) new text begin has new text end a bachelor's degree in one of the behavioral sciences or related fields; deleted text begin or
deleted text end
(ii) deleted text begin current certification as an alcohol and drug counselor, level I, by the Upper deleted text end deleted text begin Midwest
Indian Council on Addictive Disorders; deleted text end deleted text begin anddeleted text end new text begin has a high school diploma or equivalent; or
new text end
new text begin
(iii) is a mental health practitioner who meets the qualifications under section 245I.04,
subdivision 4; and
new text end
new text begin
(5) either has at least 1,000 hours of supervised experience working with individuals
with substance use disorder or co-occurring conditions, or receives treatment supervision
at least once per week until obtaining 1,000 hours of supervised experience working with
individuals with substance use disorder or co-occurring conditions.
new text end
deleted text begin
(5) has at least 2,000 hours of supervised experience working with individuals with
substance use disorder.
deleted text end
(b) deleted text begin A treatment coordinator must receive at least one hour of supervision regarding
deleted text end deleted text begin individual service delivery from an alcohol and drug counselor, or a mental health
deleted text end deleted text begin professional who has substance use treatment and assessments within the scope of their
deleted text end deleted text begin practice, on a monthly basis.deleted text end new text begin A treatment coordinator must receive the following levels of
supervision from an alcohol and drug counselor or a mental health professional whose scope
of practice includes substance use disorder treatment and assessments:
new text end
new text begin
(1) for a treatment coordinator that has not obtained 1,000 hours of supervised experience
under paragraph (a), clause (5), at least one hour of supervision per week; or
new text end
new text begin
(2) for a treatment coordinator that has obtained at least 1,000 hours of supervised
experience under paragraph (a), clause (5), at least one hour of supervision per month.
new text end
Sec. 23.
Minnesota Statutes 2024, section 245I.05, subdivision 3, is amended to read:
Subd. 3.
Initial training.
(a) A staff person must receive training about:
(1) vulnerable adult maltreatment under section 245A.65, subdivision 3; and
(2) the maltreatment of minor reporting requirements and definitions in chapter 260E
within 72 hours of first providing direct contact services to a client.
(b) Before providing direct contact services to a client, a staff person must receive training
about:
(1) client rights and protections under section 245I.12;
(2) the Minnesota Health Records Act, including client confidentiality, family engagement
under section 144.294, and client privacy;
(3) emergency procedures that the staff person must follow when responding to a fire,
inclement weather, a report of a missing person, and a behavioral or medical emergency;
(4) specific activities and job functions for which the staff person is responsible, including
the license holder's program policies and procedures applicable to the staff person's position;
(5) professional boundaries that the staff person must maintain; and
(6) specific needs of each client to whom the staff person will be providing direct contact
services, including each client's developmental status, cognitive functioning, and physical
and mental abilities.
(c) Before providing direct contact services to a client, a mental health rehabilitation
worker, mental health behavioral aide, or mental health practitioner required to receive the
training according to section 245I.04, subdivision 4, must receive 30 hours of training about:
(1) mental illnesses;
(2) client recovery and resiliency;
(3) mental health de-escalation techniques;
(4) co-occurring mental illness and substance use disorders; and
(5) psychotropic medications and medication side effectsnew text begin , including tardive dyskinesianew text end .
(d) Within 90 days of first providing direct contact services to an adult client, mental
health practitioner, mental health certified peer specialist, or mental health rehabilitation
worker must receive training about:
(1) trauma-informed care and secondary trauma;
(2) person-centered individual treatment plans, including seeking partnerships with
family and other natural supports;
(3) co-occurring substance use disorders; and
(4) culturally responsive treatment practices.
(e) Within 90 days of first providing direct contact services to a child client, mental
health practitioner, mental health certified family peer specialist, mental health certified
peer specialist, or mental health behavioral aide must receive training about the topics in
clauses (1) to (5). This training must address the developmental characteristics of each child
served by the license holder and address the needs of each child in the context of the child's
family, support system, and culture. Training topics must include:
(1) trauma-informed care and secondary trauma, including adverse childhood experiences
(ACEs);
(2) family-centered treatment plan development, including seeking partnership with a
child client's family and other natural supports;
(3) mental illness and co-occurring substance use disorders in family systems;
(4) culturally responsive treatment practices; and
(5) child development, including cognitive functioning, and physical and mental abilities.
(f) For a mental health behavioral aide, the training under paragraph (e) must include
parent team training using a curriculum approved by the commissioner.
Sec. 24.
Minnesota Statutes 2024, section 245I.05, subdivision 5, is amended to read:
Subd. 5.
Additional training for medication administration.
(a) Prior to administering
medications to a client under delegated authority or observing a client self-administer
medications, a staff person who is not a licensed prescriber, registered nurse, or licensed
practical nurse qualified under section 148.171, subdivision 8, must receive training about
psychotropic medications, side effectsnew text begin including tardive dyskinesianew text end , and medication
management.
(b) Prior to administering medications to a client under delegated authority, a staff person
must successfully complete a:
(1) medication administration training program for unlicensed personnel through an
accredited Minnesota postsecondary educational institution with completion of the course
documented in writing and placed in the staff person's personnel file; or
(2) formalized training program taught by a registered nurse or licensed prescriber that
is offered by the license holder. A staff person's successful completion of the formalized
training program must include direct observation of the staff person to determine the staff
person's areas of competency.
Sec. 25.
Minnesota Statutes 2024, section 245I.06, subdivision 3, is amended to read:
Subd. 3.
Treatment supervision and direct observation of mental health
rehabilitation workers and mental health behavioral aides.
(a) A mental health behavioral
aide or a mental health rehabilitation worker must receive direct observation from a mental
health professional, clinical trainee, certified rehabilitation specialist, or mental health
practitioner while the mental health behavioral aide or mental health rehabilitation worker
provides treatment services to clients, no less than twice per month for the first six months
of employment and once per month thereafter. The staff person performing the direct
observation must approve of the progress note deleted text begin for the observed treatment servicedeleted text end new text begin twice per
month for the first six months of employment and as needed and identified in a supervision
plan thereafter. Approval may be given through an attestation that is stored in the employee
filenew text end .
(b) For a mental health rehabilitation worker qualified under section 245I.04, subdivision
14, paragraph (a), clause (2), item (i), treatment supervision in the first 2,000 hours of work
must at a minimum consist of:
(1) monthly individual supervision; and
(2) direct observation twice per month.
Sec. 26.
Minnesota Statutes 2024, section 245I.11, subdivision 5, is amended to read:
Subd. 5.
Medication administration in residential programs.
If a license holder is
licensed as a residential program, the license holder must:
(1) assess and document each client's ability to self-administer medication. In the
assessment, the license holder must evaluate the client's ability to: (i) comply with prescribed
medication regimens; and (ii) store the client's medications safely and in a manner that
protects other individuals in the facility. Through the assessment process, the license holder
must assist the client in developing the skills necessary to safely self-administer medication;
(2) monitor the effectiveness of medications, side effects of medications, and adverse
reactions to medicationsnew text begin , including symptoms and signs of tardive dyskinesia,new text end for each
client. The license holder must address and document any concerns about a client's
medications;
(3) ensure that no staff person or client gives a legend drug supply for one client to
another client;
(4) have policies and procedures for: (i) keeping a record of each client's medication
orders; (ii) keeping a record of any incident of deferring a client's medications; (iii)
documenting any incident when a client's medication is omitted; and (iv) documenting when
a client refuses to take medications as prescribed; and
(5) document and track medication errors, document whether the license holder notified
anyone about the medication error, determine if the license holder must take any follow-up
actions, and identify the staff persons who are responsible for taking follow-up actions.
Sec. 27.
Minnesota Statutes 2024, section 245I.12, subdivision 5, is amended to read:
Subd. 5.
Client grievances.
(a) The license holder must have a grievance procedure
that:
(1) describes to clients how the license holder will meet the requirements in this
subdivision; and
(2) contains the current public contact information of the Department of Human Services,
Licensing Division; the Office of Ombudsman for Mental Health and Developmental
Disabilities; the Department of Health, Office of Health Facilities Complaints; and all
applicable health-related licensing boards.
(b) On the day of each client's admission, the license holder must explain the grievance
procedure to the client.
(c) The license holder must:
(1) post the grievance procedure in a place visible to clients and provide a copy of the
grievance procedure upon request;
(2) allow clients, former clients, and their authorized representatives to submit a grievance
to the license holder;
(3) within three business days of receiving a client's grievance, acknowledge in writing
that the license holder received the client's grievance. If applicable, the license holder must
include a notice of the client's separate appeal rights for a managed care organization's
reduction, termination, or denial of a covered service;
(4) within 15 business days of receiving a client's grievance, provide a written final
response to the client's grievance containing the license holder's official response to the
grievance; and
(5) allow the client to bring a grievance to the person with the highest level of authority
in the program.
new text begin
(d) Clients may voice grievances and recommend changes in policies and services to
staff and others of their choice, free from restraint, interference, coercion, discrimination,
or reprisal, including threat of discharge.
new text end
Sec. 28.
Minnesota Statutes 2024, section 254A.03, subdivision 1, is amended to read:
Subdivision 1.
Alcohol and Other Drug Abuse Section.
There is hereby created an
Alcohol and Other Drug Abuse Section in the Department of Human Services. This section
shall be headed by a director. The commissioner may place the director's position in the
unclassified service if the position meets the criteria established in section 43A.08,
subdivision 1a. The section shall:
(1) conduct and foster basic research relating to the cause, prevention and methods of
diagnosis, treatment and recovery of persons with substance misuse and substance use
disorder;
deleted text begin
(2) coordinate and review all activities and programs of all the various state departments
as they relate to problems associated with substance misuse and substance use disorder;
deleted text end
deleted text begin (3)deleted text end new text begin (2)new text end develop, demonstrate, and disseminate new methods and techniques for prevention,
early intervention, treatment and recovery support for substance misuse and substance use
disorder;
deleted text begin (4)deleted text end new text begin (3)new text end gather facts and information about substance misuse and substance use disorder,
and about the efficiency and effectiveness of prevention, treatment, and recovery support
services from all comprehensive programs, including programs approved or licensed by the
commissioner of human services or the commissioner of health or accredited by the Joint
Commission on Accreditation of Hospitals. The state authority is authorized to require
information from comprehensive programs which is reasonable and necessary to fulfill
these duties. When required information has been previously furnished to a state or local
governmental agency, the state authority shall collect the information from the governmental
agency. The state authority shall disseminate facts and summary information about problems
associated with substance misuse and substance use disorder to public and private agencies,
local governments, local and regional planning agencies, and the courts for guidance to and
assistance in prevention, treatment and recovery support;
deleted text begin (5)deleted text end new text begin (4)new text end inform and educate the general public on substance misuse and substance use
disorder;
deleted text begin (6)deleted text end new text begin (5)new text end serve as the state authority concerning substance misuse and substance use disorder
by monitoring the conduct of diagnosis and referral services, research and comprehensive
programs. The state authority shall submit a biennial report to the governor containing a
description of public services delivery and recommendations concerning increase of
coordination and quality of services, and decrease of service duplication and cost;
deleted text begin
(7) establish a state plan which shall set forth goals and priorities for a comprehensive
continuum of care for substance misuse and substance use disorder for Minnesota. All state
agencies operating substance misuse or substance use disorder programs or administering
state or federal funds for such programs shall annually set their program goals and priorities
in accordance with the state plan. Each state agency shall annually submit its plans and
budgets to the state authority for review. The state authority shall certify whether proposed
services comply with the comprehensive state plan and advise each state agency of review
findings;
deleted text end
deleted text begin (8)deleted text end new text begin (6)new text end make contracts with and grants to public and private agencies and organizations,
both profit and nonprofit, and individuals, using federal funds, and state funds as authorized
to pay for costs of state administration, including evaluation, statewide programs and services,
research and demonstration projects, and American Indian programs;
deleted text begin (9)deleted text end new text begin (7)new text end receive and administer money available for substance misuse and substance use
disorder programs under the alcohol, drug abuse, and mental health services block grant,
United States Code, title 42, sections 300X to 300X-9;
deleted text begin (10)deleted text end new text begin (8)new text end solicit and accept any gift of money or property for purposes of Laws 1973,
chapter 572, and any grant of money, services, or property from the federal government,
the state, any political subdivision thereof, or any private source;new text begin and
new text end
deleted text begin (11)deleted text end new text begin (9)new text end with respect to substance misuse and substance use disorder programs serving
the American Indian community, establish guidelines for the employment of personnel with
considerable practical experience in substance misuse and substance use disorder, and
understanding of social and cultural problems related to substance misuse and substance
use disorder, in the American Indian community.
Sec. 29.
Minnesota Statutes 2024, section 254A.19, subdivision 6, is amended to read:
Subd. 6.
Assessments for detoxification programs.
For detoxification programs licensed
under chapter 245A according to Minnesota Rules, parts 9530.6510 to 9530.6590, a
"chemical use assessment" is a comprehensive assessment completed according to the
requirements of section 245G.05 deleted text begin and a "chemical dependency assessor" or "assessor" is an
individual who meets the qualifications of section 245G.11, subdivisions 1 and 5deleted text end .
Sec. 30.
Minnesota Statutes 2024, section 254A.19, subdivision 7, is amended to read:
Subd. 7.
Assessments for children's residential facilities.
For children's residential
facilities licensed under chapter 245A according to Minnesota Rules, parts 2960.0010 to
2960.0220 and 2960.0430 to 2960.0490, a "chemical use assessment" is a comprehensive
assessment completed according to the requirements of section 245G.05 deleted text begin and must be
completed by an individual who meets the qualifications of section 245G.11, subdivisions
1 and 5deleted text end .
Sec. 31.
Minnesota Statutes 2024, section 254B.05, subdivision 1, is amended to read:
Subdivision 1.
Licensure or certification required.
(a) Programs licensed by the
commissioner are eligible vendors. Hospitals may apply for and receive licenses to be
eligible vendors, notwithstanding the provisions of section 245A.03. American Indian
programs that provide substance use disorder treatment, extended care, transitional residence,
or outpatient treatment services, and are licensed by tribal government are eligible vendors.
(b) A licensed professional in private practice as defined in section 245G.01, subdivision
17, who meets the requirements of section 245G.11, subdivisions 1 and 4, is an eligible
vendor of a comprehensive assessment provided according to section 254A.19, subdivision
3, and treatment services provided according to sections 245G.06 and 245G.07, subdivision
1, paragraphs (a), clauses (1) to (5), and (b); and subdivision 2, clauses (1) to (6).
(c) A county is an eligible vendor for a comprehensive assessment when provided by
an individual who meets the staffing credentials of section 245G.11, subdivisions 1 and 5,
and completed according to the requirements of section 254A.19, subdivision 3. A county
is an eligible vendor of care coordination services when provided by an individual who
meets the staffing credentials of section 245G.11, subdivisions 1 and 7, and provided
according to the requirements of section 245G.07, subdivision 1, paragraph (a), clause (5).
A county is an eligible vendor of peer recovery services when the services are provided by
an individual who meets the requirements of section 245G.11, subdivision 8.
(d) A recovery community organization that meets the requirements of clauses (1) to
deleted text begin (14)deleted text end new text begin (15)new text end and meets certification deleted text begin or accreditationdeleted text end requirements of the deleted text begin Alliance for Recovery
Centered Organizations, the Council on Accreditation of Peer Recovery Support Services,deleted text end new text begin
Minnesota Alliance of Recovery Community Organizationsnew text end or deleted text begin adeleted text end new text begin anothernew text end Minnesota statewide
recovery organization identified by the commissioner is an eligible vendor of peer recovery
support services. new text begin If the commissioner does not identify another statewide recovery
organization, or the Minnesota Alliance of Recovery Community Organizations or the
statewide recovery organization identified by the commissioner is not reasonably positioned
to certify vendors, the commissioner must determine the eligibility of a vendor of peer
recovery support services. new text end A Minnesota statewide recovery organization identified by the
commissioner must update recovery community organization applicants for certification deleted text begin or
accreditationdeleted text end on the status of the application within 45 days of receipt. If the approved
statewide recovery organization denies an application, it must provide a written explanation
for the denial to the recovery community organization. Eligible vendors under this paragraph
must:
(1) be nonprofit organizations under section 501(c)(3) of the Internal Revenue Code, be
free from conflicting self-interests, and be autonomous in decision-making, program
development, peer recovery support services provided, and advocacy efforts for the purpose
of supporting the recovery community organization's mission;
(2) be led and governed by individuals in the recovery community, with more than 50
percent of the board of directors or advisory board members self-identifying as people in
personal recovery from substance use disorders;
(3) have a mission statement and conduct corresponding activities indicating that the
organization's primary purpose is to support recovery from substance use disorder;
(4) demonstrate ongoing community engagement with the identified primary region and
population served by the organization, including individuals in recovery and their families,
friends, and recovery allies;
(5) be accountable to the recovery community through documented priority-setting and
participatory decision-making processes that promote the engagement of, and consultation
with, people in recovery and their families, friends, and recovery allies;
(6) provide nonclinical peer recovery support services, including but not limited to
recovery support groups, recovery coaching, telephone recovery support, skill-building,
and harm-reduction activities, and provide recovery public education and advocacy;
(7) have written policies that allow for and support opportunities for all paths toward
recovery and refrain from excluding anyone based on their chosen recovery path, which
may include but is not limited to harm reduction paths, faith-based paths, and nonfaith-based
paths;
(8) maintain organizational practices to meet the needs of Black, Indigenous, and people
of color communities, LGBTQ+ communities, and other underrepresented or marginalized
communities. Organizational practices may include board and staff training, service offerings,
advocacy efforts, and culturally informed outreach and services;
(9) use recovery-friendly language in all media and written materials that is supportive
of and promotes recovery across diverse geographical and cultural contexts and reduces
stigma;
(10) establish and maintain a publicly available recovery community organization code
of ethics and grievance policy and procedures;
(11) not classify or treat any recovery peer hired on or after July 1, 2024, as an
independent contractor;
(12) not classify or treat any recovery peer as an independent contractor on or after
January 1, 2025;
(13) provide an orientation for recovery peers that includes an overview of the consumer
advocacy services provided by the Ombudsman for Mental Health and Developmental
Disabilities and other relevant advocacy services; deleted text begin and
deleted text end
(14) provide notice to peer recovery support services participants that includes the
following statement: "If you have a complaint about the provider or the person providing
your peer recovery support services, you may contact the Minnesota Alliance of Recovery
Community Organizations. You may also contact the Office of Ombudsman for Mental
Health and Developmental Disabilities." The statement must also include:
(i) the telephone number, website address, email address, and mailing address of the
Minnesota Alliance of Recovery Community Organizations and the Office of Ombudsman
for Mental Health and Developmental Disabilities;
(ii) the recovery community organization's name, address, email, telephone number, and
name or title of the person at the recovery community organization to whom problems or
complaints may be directed; and
(iii) a statement that the recovery community organization will not retaliate against a
peer recovery support services participant because of a complaintdeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(15) comply with the requirements of section 245A.04, subdivision 15a.
new text end
(e) A recovery community organization approved by the commissioner before June 30,
2023, must have begun the application process as required by an approved certifying or
accrediting entity and have begun the process to meet the requirements under paragraph (d)
by September 1, 2024, in order to be considered as an eligible vendor of peer recovery
support services.
(f) A recovery community organization that is aggrieved by deleted text begin an accreditation,deleted text end new text begin anew text end
certificationdeleted text begin , or membershipdeleted text end determination and believes it meets the requirements under
paragraph (d) may appeal the determination under section 256.045, subdivision 3, paragraph
(a), clause (14), for reconsideration as an eligible vendor. If the human services judge
determines that the recovery community organization meets the requirements under paragraph
(d), the recovery community organization is an eligible vendor of peer recovery support
servicesnew text begin for up to two years from the date of the determination. After two years, the recovery
community organization must apply for certification under paragraph (d) to continue to be
an eligible vendor of peer recovery support servicesnew text end .
(g) All recovery community organizations must be certified deleted text begin or accrediteddeleted text end by an entity
listed in paragraph (d) by June 30, deleted text begin 2025deleted text end new text begin 2027new text end .
(h) Detoxification programs licensed under Minnesota Rules, parts 9530.6510 to
9530.6590, are not eligible vendors. Programs that are not licensed as a residential or
nonresidential substance use disorder treatment or withdrawal management program by the
commissioner or by tribal government or do not meet the requirements of subdivisions 1a
and 1b are not eligible vendors.
(i) Hospitals, federally qualified health centers, and rural health clinics are eligible
vendors of a comprehensive assessment when the comprehensive assessment is completed
according to section 254A.19, subdivision 3, and by an individual who meets the criteria
of an alcohol and drug counselor according to section 245G.11, subdivision 5. The alcohol
and drug counselor must be individually enrolled with the commissioner and reported on
the claim as the individual who provided the service.
(j) Any complaints about a recovery community organization or peer recovery support
services may be made to and reviewed or investigated by the ombudsperson for behavioral
health and developmental disabilities under sections 245.91 and 245.94.
Sec. 32.
Minnesota Statutes 2024, section 254B.05, subdivision 5, is amended to read:
Subd. 5.
Rate requirements.
(a) The commissioner shall establish rates for substance
use disorder services and service enhancements funded under this chapter.
(b) Eligible substance use disorder treatment services include:
(1) those licensed, as applicable, according to chapter 245G or applicable Tribal license
and provided according to the following ASAM levels of care:
(i) ASAM level 0.5 early intervention services provided according to section 254B.19,
subdivision 1, clause (1);
(ii) ASAM level 1.0 outpatient services provided according to section 254B.19,
subdivision 1, clause (2);
(iii) ASAM level 2.1 intensive outpatient services provided according to section 254B.19,
subdivision 1, clause (3);
(iv) ASAM level 2.5 partial hospitalization services provided according to section
254B.19, subdivision 1, clause (4);
(v) ASAM level 3.1 clinically managed low-intensity residential services provided
according to section 254B.19, subdivision 1, clause (5). The commissioner shall use the
base payment rate of $79.84 per day for services provided under this item;
(vi) ASAM level 3.1 clinically managed low-intensity residential services provided
according to section 254B.19, subdivision 1, clause (5), at 15 or more hours of skilled
treatment services each week. The commissioner shall use the base payment rate of $166.13
per day for services provided under this item;
(vii) ASAM level 3.3 clinically managed population-specific high-intensity residential
services provided according to section 254B.19, subdivision 1, clause (6). The commissioner
shall use the specified base payment rate of $224.06 per day for services provided under
this item; and
(viii) ASAM level 3.5 clinically managed high-intensity residential services provided
according to section 254B.19, subdivision 1, clause (7). The commissioner shall use the
specified base payment rate of $224.06 per day for services provided under this item;
(2) comprehensive assessments provided according to section 254A.19, subdivision 3;
(3) treatment coordination services provided according to section 245G.07, subdivision
1, paragraph (a), clause (5);
(4) peer recovery support services provided according to section 245G.07, subdivision
2, clause (8);
(5) withdrawal management services provided according to chapter 245F;
(6) hospital-based treatment services that are licensed according to sections 245G.01 to
245G.17 or applicable Tribal license and licensed as a hospital under sections 144.50 to
144.56;
(7) substance use disorder treatment services with medications for opioid use disorder
provided in an opioid treatment program licensed according to sections 245G.01 to 245G.17
and 245G.22, or under an applicable Tribal license;
(8) medium-intensity residential treatment services that provide 15 hours of skilled
treatment services each week and are licensed according to sections 245G.01 to 245G.17
and 245G.21 or applicable Tribal license;
(9) adolescent treatment programs that are licensed as outpatient treatment programs
according to sections 245G.01 to 245G.18 or as residential treatment programs according
to Minnesota Rules, parts 2960.0010 to 2960.0220, and 2960.0430 to 2960.0490, or
applicable Tribal license;
(10) ASAM 3.5 clinically managed high-intensity residential services that are licensed
according to sections 245G.01 to 245G.17 and 245G.21 or applicable Tribal license, which
provide ASAM level of care 3.5 according to section 254B.19, subdivision 1, clause (7),
and are provided by a state-operated vendor or to clients who have been civilly committed
to the commissioner, present the most complex and difficult care needs, and are a potential
threat to the community; and
(11) room and board facilities that meet the requirements of subdivision 1a.
(c) The commissioner shall establish higher rates for programs that meet the requirements
of paragraph (b) and one of the following additional requirements:
(1) programs that serve parents with their children if the program:
(i) provides on-site child care during the hours of treatment activity that:
(A) is licensed under chapter 245A as a child care center under Minnesota Rules, chapter
9503; or
(B) is licensed under chapter 245A and sections 245G.01 to 245G.19; or
(ii) arranges for off-site child care during hours of treatment activity at a facility that is
licensed under chapter 245A as:
(A) a child care center under Minnesota Rules, chapter 9503; or
(B) a family child care home under Minnesota Rules, chapter 9502;
(2) culturally specific or culturally responsive programs as defined in section 254B.01,
subdivision 4a;
(3) disability responsive programs as defined in section 254B.01, subdivision 4b;
(4) programs that offer medical services delivered by appropriately credentialed health
care staff in an amount equal to one hour per client per week if the medical needs of the
client and the nature and provision of any medical services provided are documented in the
client file; or
(5) programs that offer services to individuals with co-occurring mental health and
substance use disorder problems if:
(i) the program meets the co-occurring requirements in section 245G.20;
(ii) the program employs a mental health professional as defined in section 245I.04,
subdivision 2;
(iii) clients scoring positive on a standardized mental health screen receive a mental
health diagnostic assessment within ten days of admissionnew text begin , excluding weekends and holidaysnew text end ;
(iv) the program has standards for multidisciplinary case review that include a monthly
review for each client that, at a minimum, includes a licensed mental health professional
and licensed alcohol and drug counselor, and their involvement in the review is documented;
(v) family education is offered that addresses mental health and substance use disorder
and the interaction between the two; and
(vi) co-occurring counseling staff shall receive eight hours of co-occurring disorder
training annually.
(d) In order to be eligible for a higher rate under paragraph (c), clause (1), a program
that provides arrangements for off-site child care must maintain current documentation at
the substance use disorder facility of the child care provider's current licensure to provide
child care services.
(e) Adolescent residential programs that meet the requirements of Minnesota Rules,
parts 2960.0430 to 2960.0490 and 2960.0580 to 2960.0690, are exempt from the requirements
in paragraph (c), clause (5), items (i) to (iv).
(f) Substance use disorder services that are otherwise covered as direct face-to-face
services may be provided via telehealth as defined in section 256B.0625, subdivision 3b.
The use of telehealth to deliver services must be medically appropriate to the condition and
needs of the person being served. Reimbursement shall be at the same rates and under the
same conditions that would otherwise apply to direct face-to-face services.
(g) For the purpose of reimbursement under this section, substance use disorder treatment
services provided in a group setting without a group participant maximum or maximum
client to staff ratio under chapter 245G shall not exceed a client to staff ratio of 48 to one.
At least one of the attending staff must meet the qualifications as established under this
chapter for the type of treatment service provided. A recovery peer may not be included as
part of the staff ratio.
(h) Payment for outpatient substance use disorder services that are licensed according
to sections 245G.01 to 245G.17 is limited to six hours per day or 30 hours per week unless
prior authorization of a greater number of hours is obtained from the commissioner.
(i) Payment for substance use disorder services under this section must start from the
day of service initiation, when the comprehensive assessment is completed within the
required timelines.
(j) A license holder that is unable to provide all residential treatment services because
a client missed services remains eligible to bill for the client's intensity level of services
under this paragraph if the license holder can document the reason the client missed services
and the interventions done to address the client's absence.
(k) Hours in a treatment week may be reduced in observance of federally recognized
holidays.
(l) Eligible vendors of peer recovery support services must:
(1) submit to a review by the commissioner of up to ten percent of all medical assistance
and behavioral health fund claims to determine the medical necessity of peer recovery
support services for entities billing for peer recovery support services individually and not
receiving a daily rate; and
(2) limit an individual client to 14 hours per week for peer recovery support services
from an individual provider of peer recovery support services.
(m) Peer recovery support services not provided in accordance with section 254B.052
are subject to monetary recovery under section 256B.064 as money improperly paid.
Sec. 33.
Minnesota Statutes 2024, section 254B.06, is amended by adding a subdivision
to read:
new text begin Subd. 5. new text end
new text begin Prohibition of duplicative claim submission. new text end
new text begin
(a) For time-based claims,
submissions must follow the guidelines in the Centers for Medicare and Medicaid Services'
Healthcare Common Procedure Coding System and the American Medical Association's
Current Procedural Terminology to determine the appropriate units of time to report.
new text end
new text begin
(b) More than half the duration of a time-based code must be spent performing the service
to be eligible under this section. Any other claim submission for service provided during
the remaining balance of the unit of time is duplicative and ineligible.
new text end
new text begin
(c) A provider may only round up to the next whole number of service units on a
submitted claim when more than one and one-half times the defined value of the code has
occurred and no additional time increment code exists.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 34.
Minnesota Statutes 2024, section 256.01, subdivision 34, is amended to read:
Subd. 34.
Federal administrative reimbursement dedicated.
Federal administrative
reimbursement resulting from the following activities is appropriated to the commissioner
for the designated purposes:
(1) reimbursement for the Minnesota senior health options project; deleted text begin and
deleted text end
(2) reimbursement related to prior authorization, review of medical necessity, and
inpatient admission certification by a professional review organization. A portion of these
funds must be used for activities to decrease unnecessary pharmaceutical costs in medical
assistancedeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(3) reimbursement for capacity building and implementation grant expenditures for the
medical assistance reentry demonstration waiver under section 256B.0761.
new text end
Sec. 35.
Minnesota Statutes 2024, section 256B.0616, subdivision 4, is amended to read:
Subd. 4.
new text begin Family new text end peer support deleted text begin specialistdeleted text end program providers.
The commissioner shall
develop a process to certify family peer support deleted text begin specialistdeleted text end programs, in accordance with the
federal guidelines, in order for the program to bill for reimbursable services. Family peer
support programs must operate within an existing mental health community provider or
center.
Sec. 36.
Minnesota Statutes 2024, section 256B.0616, subdivision 5, is amended to read:
Subd. 5.
Certified family peer specialist training and certification.
new text begin (a) new text end The
commissioner shall develop deleted text begin adeleted text end new text begin or approve the use of an existingnew text end training and certification
process for deleted text begin certifieddeleted text end new text begin certifyingnew text end family peer specialists. deleted text begin Thedeleted text end new text begin Family peer specialistnew text end candidates
must have raised or be currently raising a child with a mental illnessdeleted text begin ,deleted text end new text begin ;new text end have deleted text begin haddeleted text end experience
navigating the children's mental health systemdeleted text begin ,deleted text end new text begin ;new text end and deleted text begin mustdeleted text end demonstrate leadership and
advocacy skills and a strong dedication to family-driven and family-focused services. The
training curriculum must teach participating family peer deleted text begin specialistsdeleted text end new text begin specialist candidatesnew text end
specific skills relevant to providing peer support to other parentsnew text begin and youthnew text end .
new text begin (b) new text end In addition to initial training and certification, the commissioner shall develop ongoing
continuing educational workshops on pertinent issues related to family peer support
counseling.
new text begin
(c) Initial training leading to certification as a family peer specialist and continuing
education for certified family peer specialists must be delivered by the commissioner or a
third-party organization approved by the commissioner. An approved third-party organization
may also provide continuing education of certified family peer specialists.
new text end
Sec. 37.
Minnesota Statutes 2024, section 256B.0622, subdivision 3a, is amended to read:
Subd. 3a.
Provider certification and contract requirements for assertive community
treatment.
(a) The assertive community treatment provider must have each ACT team be
certified by the state following the certification process and procedures developed by the
commissioner. The certification process determines whether the ACT team meets the
standards for assertive community treatment under this section, the standards in chapter
245I as required in section 245I.011, subdivision 5, and minimum program fidelity standards
as measured by a nationally recognized fidelity tool approved by the commissioner.
Recertification must occur at least every three years.
(b) An ACT team certified under this subdivision must meet the following standards:
(1) have capacity to recruit, hire, manage, and train required ACT team members;
(2) have adequate administrative ability to ensure availability of services;
(3) ensure flexibility in service delivery to respond to the changing and intermittent care
needs of a client as identified by the client and the individual treatment plan;
(4) keep all necessary records required by law;
(5) be an enrolled Medicaid provider; deleted text begin and
deleted text end
(6) establish and maintain a quality assurance plan to determine specific service outcomes
and the client's satisfaction with servicesdeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(7) ensure that overall treatment supervision to the ACT team is provided by a qualified
member of the ACT team and is available during and after regular business hours and on
weekends and holidays.
new text end
(c) The commissioner may intervene at any time and decertify an ACT team with cause.
The commissioner shall establish a process for decertification of an ACT team and shall
require corrective action, medical assistance repayment, or decertification of an ACT team
that no longer meets the requirements in this section or that fails to meet the clinical quality
standards or administrative standards provided by the commissioner in the application and
certification process. The decertification is subject to appeal to the state.
Sec. 38.
Minnesota Statutes 2024, section 256B.0622, subdivision 7a, is amended to read:
Subd. 7a.
Assertive community treatment team staff requirements and roles.
(a)
The required treatment staff qualifications and roles for an ACT team are:
(1) the team leader:
(i) deleted text begin shalldeleted text end new text begin mustnew text end be a mental health professionaldeleted text begin . Individuals who are not licensed but who
are eligible for licensure and are otherwise qualified may also fulfill this roledeleted text end new text begin , clinical trainee,
or mental health practitionernew text end ;
(ii) must be an active member of the ACT team and provide some direct services to
clients;
(iii) must be a single full-time staff member, dedicated to the ACT team, who is
responsible for overseeing the administrative operations of the team and supervising team
members to ensure delivery of best and ethical practices; and
(iv) must be available to ensure that overall treatment supervision to the ACT team is
available after regular business hours and on weekends and holidays and is provided by a
qualified member of the ACT team;
(2) the psychiatric care provider:
(i) must be a mental health professional permitted to prescribe psychiatric medications
as part of the mental health professional's scope of practice. The psychiatric care provider
must have demonstrated clinical experience working with individuals with serious and
persistent mental illness;
(ii) shall collaborate with the team leader in sharing overall clinical responsibility for
screening and admitting clients; monitoring clients' treatment and team member service
delivery; educating staff on psychiatric and nonpsychiatric medications, their side effects,
and health-related conditions; actively collaborating with nurses; and helping provide
treatment supervision to the team;
(iii) shall fulfill the following functions for assertive community treatment clients:
provide assessment and treatment of clients' symptoms and response to medications, including
side effects; provide brief therapy to clients; provide diagnostic and medication education
to clients, with medication decisions based on shared decision making; monitor clients'
nonpsychiatric medical conditions and nonpsychiatric medications; and conduct home and
community visits;
(iv) shall serve as the point of contact for psychiatric treatment if a client is hospitalized
for mental health treatment and shall communicate directly with the client's inpatient
psychiatric care providers to ensure continuity of care;
(v) shall have a minimum full-time equivalency that is prorated at a rate of 16 hours per
50 clients. Part-time psychiatric care providers shall have designated hours to work on the
team, with sufficient blocks of time on consistent days to carry out the provider's clinical,
supervisory, and administrative responsibilities. No more than two psychiatric care providers
may share this role; and
(vi) shall provide psychiatric backup to the program after regular business hours and on
weekends and holidays. The psychiatric care provider may delegate this duty to another
qualified psychiatric provider;
(3) the nursing staff:
(i) shall consist of one to three registered nurses or advanced practice registered nurses,
of whom at least one has a minimum of one-year experience working with adults with
serious mental illness and a working knowledge of psychiatric medications. No more than
two individuals can share a full-time equivalent position;
(ii) are responsible for managing medication, administering and documenting medication
treatment, and managing a secure medication room; and
(iii) shall develop strategies, in collaboration with clients, to maximize taking medications
as prescribed; screen and monitor clients' mental and physical health conditions and
medication side effects; engage in health promotion, prevention, and education activities;
communicate and coordinate services with other medical providers; facilitate the development
of the individual treatment plan for clients assigned; and educate the ACT team in monitoring
psychiatric and physical health symptoms and medication side effects;
(4) the co-occurring disorder specialist:
(i) shall be a full-time equivalent co-occurring disorder specialist who has received
specific training on co-occurring disorders that is consistent with national evidence-based
practices. The training must include practical knowledge of common substances and how
they affect mental illnesses, the ability to assess substance use disorders and the client's
stage of treatment, motivational interviewing, and skills necessary to provide counseling to
clients at all different stages of change and treatment. The co-occurring disorder specialist
may also be an individual who is a licensed alcohol and drug counselor as described in
section 148F.01, subdivision 5, or a counselor who otherwise meets the training, experience,
and other requirements in section 245G.11, subdivision 5. No more than two co-occurring
disorder specialists may occupy this role; and
(ii) shall provide or facilitate the provision of co-occurring disorder treatment to clients.
The co-occurring disorder specialist shall serve as a consultant and educator to fellow ACT
team members on co-occurring disorders;
(5) the vocational specialist:
(i) shall be a full-time vocational specialist who has at least one-year experience providing
employment services or advanced education that involved field training in vocational services
to individuals with mental illness. An individual who does not meet these qualifications
may also serve as the vocational specialist upon completing a training plan approved by the
commissioner;
(ii) shall provide or facilitate the provision of vocational services to clients. The vocational
specialist serves as a consultant and educator to fellow ACT team members on these services;
and
(iii) must not refer individuals to receive any type of vocational services or linkage by
providers outside of the ACT team;
(6) the mental health certified peer specialist:
(i) shall be a full-time equivalent. No more than two individuals can share this position.
The mental health certified peer specialist is a fully integrated team member who provides
highly individualized services in the community and promotes the self-determination and
shared decision-making abilities of clients. This requirement may be waived due to workforce
shortages upon approval of the commissioner;
(ii) must provide coaching, mentoring, and consultation to the clients to promote recovery,
self-advocacy, and self-direction, promote wellness management strategies, and assist clients
in developing advance directives; and
(iii) must model recovery values, attitudes, beliefs, and personal action to encourage
wellness and resilience, provide consultation to team members, promote a culture where
the clients' points of view and preferences are recognized, understood, respected, and
integrated into treatment, and serve in a manner equivalent to other team members;
(7) the program administrative assistant shall be a full-time office-based program
administrative assistant position assigned to solely work with the ACT team, providing a
range of supports to the team, clients, and families; and
(8) additional staff:
(i) shall be based on team size. Additional treatment team staff may include mental
health professionals; clinical trainees; certified rehabilitation specialists; mental health
practitioners; or mental health rehabilitation workers. These individuals shall have the
knowledge, skills, and abilities required by the population served to carry out rehabilitation
and support functions; and
(ii) shall be selected based on specific program needs or the population served.
(b) Each ACT team must clearly document schedules for all ACT team members.
(c) Each ACT team member must serve as a primary team member for clients assigned
by the team leader and are responsible for facilitating the individual treatment plan process
for those clients. The primary team member for a client is the responsible team member
knowledgeable about the client's life and circumstances and writes the individual treatment
plan. The primary team member provides individual supportive therapy or counseling, and
provides primary support and education to the client's family and support system.
(d) Members of the ACT team must have strong clinical skills, professional qualifications,
experience, and competency to provide a full breadth of rehabilitation services. Each staff
member shall be proficient in their respective discipline and be able to work collaboratively
as a member of a multidisciplinary team to deliver the majority of the treatment,
rehabilitation, and support services clients require to fully benefit from receiving assertive
community treatment.
(e) Each ACT team member must fulfill training requirements established by the
commissioner.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective upon federal approval. The commissioner
of human services shall notify the revisor of statutes when federal approval is obtained.
new text end
Sec. 39.
Minnesota Statutes 2024, section 256B.0761, subdivision 4, is amended to read:
Subd. 4.
Services and duration.
(a) Services must be provided 90 days prior to an
individual's release date or, if an individual's confinement is less than 90 days, during the
time period between a medical assistance eligibility determination and the release to the
community.
(b) Facilities must offer the following services using either community-based or
corrections-based providers:
(1) case management activities to address physical and behavioral health needs, including
a comprehensive assessment of individual needs, development of a person-centered care
plan, referrals and other activities to address assessed needs, and monitoring and follow-up
activities;
(2) drug coverage in accordance with section 256B.0625, subdivision 13, including up
to a 30-day supply of drugs upon release;
(3) substance use disorder comprehensive assessments according to section 254B.05,
subdivision 5, paragraph (b), clause (2);
(4) treatment coordination services according to section 254B.05, subdivision 5, paragraph
(b), clause (3);
(5) peer recovery support services according to sections 245I.04, subdivisions 18 and
19, and 254B.05, subdivision 5, paragraph (b), clause (4);
(6) substance use disorder individual and group counseling provided according to sections
245G.07, subdivision 1, paragraph (a), clause (1), and 254B.05;
(7) mental health diagnostic assessments as required under section 245I.10;
(8) group and individual psychotherapy as required under section 256B.0671;
(9) peer specialist services as required under sections 245I.04 and 256B.0615;
(10) family planning and obstetrics and gynecology services; deleted text begin and
deleted text end
(11) physical health well-being and screenings and care for adults and youthdeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(12) medications used for the treatment of opioid use disorder and nonmedication
treatment services for opioid use disorder under section 245G.22.
new text end
(c) Services outlined in this subdivision must only be authorized when an individual
demonstrates medical necessity or other eligibility as required under this chapter or applicable
state and federal laws.
Sec. 40.
Minnesota Statutes 2024, section 256L.03, subdivision 5, is amended to read:
Subd. 5.
Cost-sharing.
(a) Co-payments, coinsurance, and deductibles do not apply to
children under the age of 21 and to American Indians as defined in Code of Federal
Regulations, title 42, section 600.5.
(b) The commissioner must adjust co-payments, coinsurance, and deductibles for covered
services in a manner sufficient to maintain the actuarial value of the benefit to 94 percent.
The cost-sharing changes described in this paragraph do not apply to eligible recipients or
services exempt from cost-sharing under state law. The cost-sharing changes described in
this paragraph shall not be implemented prior to January 1, 2016.
(c) The cost-sharing changes authorized under paragraph (b) must satisfy the requirements
for cost-sharing under the Basic Health Program as set forth in Code of Federal Regulations,
title 42, sections 600.510 and 600.520.
(d) Cost-sharing for prescription drugs and related medical supplies to treat chronic
disease must comply with the requirements of section 62Q.481.
(e) Co-payments, coinsurance, and deductibles do not apply to additional diagnostic
services or testing that a health care provider determines an enrollee requires after a
mammogram, as specified under section 62A.30, subdivision 5.
(f) Cost-sharing must not apply to drugs used for tobacco and nicotine cessation or to
tobacco and nicotine cessation services covered under section 256B.0625, subdivision 68.
(g) Co-payments, coinsurance, and deductibles do not apply to pre-exposure prophylaxis
(PrEP) and postexposure prophylaxis (PEP) medications when used for the prevention or
treatment of the human immunodeficiency virus (HIV).
new text begin
(h) Co-payments, coinsurance, and deductibles do not apply to mobile crisis intervention
or crisis assessment as defined in section 256B.0624, subdivision 2.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2026, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Sec. 41. new text begin REVISOR INSTRUCTION.
new text end
new text begin
The revisor of statutes shall substitute the term "substance use disorder assessment" or
similar terms for "chemical dependency assessment" or similar terms, for "chemical use
assessment" or similar terms, and for "comprehensive substance use disorder assessment"
or similar terms wherever they appear in Minnesota Statutes, chapter 169A, and Minnesota
Rules, chapter 7503, when referring to the assessments required under Minnesota Statutes,
section 169A.70, or the charges or surcharges associated with those assessments.
new text end
Sec. 42. new text begin REVISOR INSTRUCTION.
new text end
new text begin
The revisor of statutes shall change the terms "sober home" and "sober homes" to
"recovery residence" or "recovery residences" wherever they appear in Minnesota Statutes.
new text end
ARTICLE 5
DEPARTMENT OF HUMAN SERVICES OFFICE OF INSPECTOR GENERAL
Section 1.
Minnesota Statutes 2024, section 142E.51, subdivision 5, is amended to read:
Subd. 5.
Administrative disqualification of child care providers caring for children
receiving child care assistance.
(a) The department shall pursue an administrative
disqualificationdeleted text begin ,deleted text end if the child care provider is accused of committing an intentional program
violation, in lieu of a criminal action when it has not been pursued. Intentional program
violations include intentionally making false or misleading statements; new text begin intentionally offering,
providing, soliciting, or receiving illegal remuneration as described in subdivision 6a or in
violation of section 609.542, subdivision 2; new text end intentionally misrepresenting, concealing, or
withholding facts; and repeatedly and intentionally violating program regulations under this
chapter. Intent may be proven by demonstrating a pattern of conduct that violates program
rules under this chapter.
(b) To initiate an administrative disqualification, the commissioner must send written
notice using a signature-verified confirmed delivery method to the provider against whom
the action is being taken. Unless otherwise specified under this chapter or Minnesota Rules,
chapter 3400, the commissioner must send the written notice at least 15 calendar days before
the adverse action's effective date. The notice shall state (1) the factual basis for the agency's
determination, (2) the action the agency intends to take, (3) the dollar amount of the monetary
recovery or recoupment, if known, and (4) the provider's right to appeal the agency's proposed
action.
(c) The provider may appeal an administrative disqualification by submitting a written
request to the state agency. A provider's request must be received by the state agency no
later than 30 days after the date the commissioner mails the notice.
(d) The provider's appeal request must contain the following:
(1) each disputed item, the reason for the dispute, and, if applicable, an estimate of the
dollar amount involved for each disputed item;
(2) the computation the provider believes to be correct, if applicable;
(3) the statute or rule relied on for each disputed item; and
(4) the name, address, and telephone number of the person at the provider's place of
business with whom contact may be made regarding the appeal.
(e) On appeal, the issuing agency bears the burden of proof to demonstrate by a
preponderance of the evidence that the provider committed an intentional program violation.
(f) The hearing is subject to the requirements of section 142A.20. The human services
judge may combine a fair hearing and administrative disqualification hearing into a single
hearing if the factual issues arise out of the same or related circumstances and the provider
receives prior notice that the hearings will be combined.
(g) A provider found to have committed an intentional program violation and is
administratively disqualified must be disqualified, for a period of three years for the first
offense and permanently for any subsequent offense, from receiving any payments from
any child care program under this chapter.
(h) Unless a timely and proper appeal made under this section is received by the
department, the administrative determination of the department is final and binding.
Sec. 2.
Minnesota Statutes 2024, section 142E.51, subdivision 6, is amended to read:
Subd. 6.
Prohibited hiring deleted text begin practicedeleted text end new text begin practicesnew text end .
deleted text begin It is prohibited todeleted text end new text begin A person must notnew text end
hire a child care center employee when, as a condition of employment, the employee is
required to have one or more children who are eligible for or receive child care assistance,
if:
(1) the individual hiring the employee is, or is acting at the direction of or in cooperation
with, a child care center provider, center owner, director, manager, license holder, or other
controlling individual; and
(2) the individual hiring the employee knows or has reason to know the purpose in hiring
the employee is to obtain child care assistance program funds.
Sec. 3.
Minnesota Statutes 2024, section 142E.51, is amended by adding a subdivision to
read:
new text begin Subd. 6a. new text end
new text begin Illegal remuneration. new text end
new text begin
(a) Except as provided in paragraph (b), program
applicants, participants, and providers must not offer, provide, solicit, or receive money, a
discount, a credit, a waiver, a rebate, a good, a service, employment, or anything else of
value in exchange for:
new text end
new text begin
(1) obtaining or attempting to obtain child care assistance program benefits; or
new text end
new text begin
(2) directing a person's child care assistance program benefits to a particular provider.
new text end
new text begin
(b) The prohibition in paragraph (a) does not apply to:
new text end
new text begin
(1) marketing or promotional offerings that directly benefit an applicant or recipient's
child or dependent for whom the child care provider is providing child care services; or
new text end
new text begin
(2) child care provider discounts, scholarships, or other financial assistance allowed
under section 142E.17, subdivision 7.
new text end
new text begin
(c) An attempt to buy or sell access to a family's child care assistance program benefits
to an unauthorized person by an applicant, a participant, or a provider is an intentional
program violation under subdivision 5 and wrongfully obtaining assistance under section
256.98.
new text end
Sec. 4.
Minnesota Statutes 2024, section 144.651, subdivision 2, is amended to read:
Subd. 2.
Definitions.
For the purposes of this section, "patient" means a person who is
admitted to an acute care inpatient facility for a continuous period longer than 24 hours, for
the purpose of diagnosis or treatment bearing on the physical or mental health of that person.
For purposes of subdivisions 4 to 9, 12, 13, 15, 16, and 18 to 20, "patient" also means a
person who receives health care services at an outpatient surgical center or at a birth center
licensed under section 144.615. "Patient" also means a deleted text begin minordeleted text end new text begin personnew text end who is admitted to a
residential program as defined in section 253C.01.new text begin "Patient" also means a person who is
admitted to a residential substance use disorder treatment program licensed according to
Minnesota Rules, parts 2960.0430 to 2960.0490.new text end For purposes of subdivisions 1, 3 to 16,
18, 20 and 30, "patient" also means any person who is receiving mental health treatmentnew text begin or
substance use disorder treatmentnew text end on an outpatient basis or in a community support program
or other community-based program. "Resident" means a person who is admitted to a nonacute
care facility including extended care facilities, nursing homes, and boarding care homes for
care required because of prolonged mental or physical illness or disability, recovery from
injury or disease, or advancing age. For purposes of all subdivisions except subdivisions
28 and 29, "resident" also means a person who is admitted to a facility licensed as a board
and lodging facility under Minnesota Rules, parts 4625.0100 to 4625.2355, a boarding care
home under sections 144.50 to 144.56, or a supervised living facility under Minnesota Rules,
parts 4665.0100 to 4665.9900, and deleted text begin whichdeleted text end new text begin thatnew text end operates a deleted text begin rehabilitationdeleted text end new text begin withdrawal
management program licensed under chapter 245F, a residential substance use disorder
treatmentnew text end program licensed under chapter 245G deleted text begin ordeleted text end new text begin , an intensive residential treatment services
or residential crisis stabilization program licensed under chapternew text end 245I, ornew text begin a detoxification
program licensed undernew text end Minnesota Rules, parts 9530.6510 to 9530.6590.
Sec. 5.
Minnesota Statutes 2024, section 245A.04, subdivision 1, is amended to read:
Subdivision 1.
Application for licensure.
(a) An individual, organization, or government
entity that is subject to licensure under section 245A.03 must apply for a license. The
application must be made on the forms and in the manner prescribed by the commissioner.
The commissioner shall provide the applicant with instruction in completing the application
and provide information about the rules and requirements of other state agencies that affect
the applicant. An applicant seeking licensure in Minnesota with headquarters outside of
Minnesota must have a program office located within 30 miles of the Minnesota border.
An applicant who intends to buy or otherwise acquire a program or services licensed under
this chapter that is owned by another license holder must apply for a license under this
chapter and comply with the application procedures in this section and section 245A.043.
The commissioner shall act on the application within 90 working days after a complete
application and any required reports have been received from other state agencies or
departments, counties, municipalities, or other political subdivisions. The commissioner
shall not consider an application to be complete until the commissioner receives all of the
required information.
When the commissioner receives an application for initial licensure that is incomplete
because the applicant failed to submit required documents or that is substantially deficient
because the documents submitted do not meet licensing requirements, the commissioner
shall provide the applicant written notice that the application is incomplete or substantially
deficient. In the written notice to the applicant the commissioner shall identify documents
that are missing or deficient and give the applicant 45 days to resubmit a second application
that is substantially complete. An applicant's failure to submit a substantially complete
application after receiving notice from the commissioner is a basis for license denial under
section 245A.043.
(b) An application for licensure must identify all controlling individuals as defined in
section 245A.02, subdivision 5a, and must designate one individual to be the authorized
agent. The application must be signed by the authorized agent and must include the authorized
agent's first, middle, and last name; mailing address; and email address. By submitting an
application for licensure, the authorized agent consents to electronic communication with
the commissioner throughout the application process. The authorized agent must be
authorized to accept service on behalf of all of the controlling individuals. A government
entity that holds multiple licenses under this chapter may designate one authorized agent
for all licenses issued under this chapter or may designate a different authorized agent for
each license. Service on the authorized agent is service on all of the controlling individuals.
It is not a defense to any action arising under this chapter that service was not made on each
controlling individual. The designation of a controlling individual as the authorized agent
under this paragraph does not affect the legal responsibility of any other controlling individual
under this chapter.
(c) An applicant or license holder must have a policy that prohibits license holders,
employees, subcontractors, and volunteers, when directly responsible for persons served
by the program, from abusing prescription medication or being in any manner under the
influence of a chemical that impairs the individual's ability to provide services or care. The
license holder must train employees, subcontractors, and volunteers about the program's
drug and alcohol policynew text begin before the employee, subcontractor, or volunteer has direct contact,
as defined in section 245C.02, subdivision 11, with a person served by the programnew text end .
(d) An applicant and license holder must have a program grievance procedure that permits
persons served by the program and their authorized representatives to bring a grievance to
the highest level of authority in the program.
(e) The commissioner may limit communication during the application process to the
authorized agent or the controlling individuals identified on the license application and for
whom a background study was initiated under chapter 245C. Upon implementation of the
provider licensing and reporting hub, applicants and license holders must use the hub in the
manner prescribed by the commissioner. The commissioner may require the applicant,
except for child foster care, to demonstrate competence in the applicable licensing
requirements by successfully completing a written examination. The commissioner may
develop a prescribed written examination format.
(f) When an applicant is an individual, the applicant must provide:
(1) the applicant's taxpayer identification numbers including the Social Security number
or Minnesota tax identification number, and federal employer identification number if the
applicant has employees;
(2) at the request of the commissioner, a copy of the most recent filing with the secretary
of state that includes the complete business name, if any;
(3) if doing business under a different name, the doing business as (DBA) name, as
registered with the secretary of state;
(4) if applicable, the applicant's National Provider Identifier (NPI) number and Unique
Minnesota Provider Identifier (UMPI) number; and
(5) at the request of the commissioner, the notarized signature of the applicant or
authorized agent.
(g) When an applicant is an organization, the applicant must provide:
(1) the applicant's taxpayer identification numbers including the Minnesota tax
identification number and federal employer identification number;
(2) at the request of the commissioner, a copy of the most recent filing with the secretary
of state that includes the complete business name, and if doing business under a different
name, the doing business as (DBA) name, as registered with the secretary of state;
(3) the first, middle, and last name, and address for all individuals who will be controlling
individuals, including all officers, owners, and managerial officials as defined in section
245A.02, subdivision 5a, and the date that the background study was initiated by the applicant
for each controlling individual;
(4) if applicable, the applicant's NPI number and UMPI number;
(5) the documents that created the organization and that determine the organization's
internal governance and the relations among the persons that own the organization, have
an interest in the organization, or are members of the organization, in each case as provided
or authorized by the organization's governing statute, which may include a partnership
agreement, bylaws, articles of organization, organizational chart, and operating agreement,
or comparable documents as provided in the organization's governing statute; and
(6) the notarized signature of the applicant or authorized agent.
(h) When the applicant is a government entity, the applicant must provide:
(1) the name of the government agency, political subdivision, or other unit of government
seeking the license and the name of the program or services that will be licensed;
(2) the applicant's taxpayer identification numbers including the Minnesota tax
identification number and federal employer identification number;
(3) a letter signed by the manager, administrator, or other executive of the government
entity authorizing the submission of the license application; and
(4) if applicable, the applicant's NPI number and UMPI number.
(i) At the time of application for licensure or renewal of a license under this chapter, the
applicant or license holder must acknowledge on the form provided by the commissioner
if the applicant or license holder elects to receive any public funding reimbursement from
the commissioner for services provided under the license that:
(1) the applicant's or license holder's compliance with the provider enrollment agreement
or registration requirements for receipt of public funding may be monitored by the
commissioner as part of a licensing investigation or licensing inspection; and
(2) noncompliance with the provider enrollment agreement or registration requirements
for receipt of public funding that is identified through a licensing investigation or licensing
inspection, or noncompliance with a licensing requirement that is a basis of enrollment for
reimbursement for a service, may result in:
(i) a correction order or a conditional license under section 245A.06, or sanctions under
section 245A.07;
(ii) nonpayment of claims submitted by the license holder for public program
reimbursement;
(iii) recovery of payments made for the service;
(iv) disenrollment in the public payment program; or
(v) other administrative, civil, or criminal penalties as provided by law.
Sec. 6.
Minnesota Statutes 2024, section 245A.04, subdivision 7, is amended to read:
Subd. 7.
Grant of license; license extension.
(a) If the commissioner determines that
the program complies with all applicable rules and laws, the commissioner shall issue a
license consistent with this section or, if applicable, a temporary change of ownership license
under section 245A.043. At minimum, the license shall state:
(1) the name of the license holder;
(2) the address of the program;
(3) the effective date and expiration date of the license;
(4) the type of license;
(5) the maximum number and ages of persons that may receive services from the program;
and
(6) any special conditions of licensure.
(b) The commissioner may issue a license for a period not to exceed two years if:
(1) the commissioner is unable to conduct the observation required by subdivision 4,
paragraph (a), clause (3), because the program is not yet operational;
(2) certain records and documents are not available because persons are not yet receiving
services from the program; and
(3) the applicant complies with applicable laws and rules in all other respects.
(c) A decision by the commissioner to issue a license does not guarantee that any person
or persons will be placed or cared for in the licensed program.
(d) Except as provided in paragraphs (i) and (j), the commissioner shall not issue a
license if the applicant, license holder, or an affiliated controlling individual has:
(1) been disqualified and the disqualification was not set aside and no variance has been
granted;
(2) been denied a license under this chapter or chapter 142B within the past two years;
(3) had a license issued under this chapter or chapter 142B revoked within the past five
years; or
(4) failed to submit the information required of an applicant under subdivision 1,
paragraph (f), (g), or (h), after being requested by the commissioner.
When a license issued under this chapter or chapter 142B is revoked, the license holder
and each affiliated controlling individual with a revoked license may not hold any license
under chapter 245A for five years following the revocation, and other licenses held by the
applicant or license holder or licenses affiliated with each controlling individual shall also
be revoked.
(e) Notwithstanding paragraph (d), the commissioner may elect not to revoke a license
affiliated with a license holder or controlling individual that had a license revoked within
the past five years if the commissioner determines that (1) the license holder or controlling
individual is operating the program in substantial compliance with applicable laws and rules
and (2) the program's continued operation is in the best interests of the community being
served.
(f) Notwithstanding paragraph (d), the commissioner may issue a new license in response
to an application that is affiliated with an applicant, license holder, or controlling individual
that had an application denied within the past two years or a license revoked within the past
five years if the commissioner determines that (1) the applicant or controlling individual
has operated one or more programs in substantial compliance with applicable laws and rules
and (2) the program's operation would be in the best interests of the community to be served.
(g) In determining whether a program's operation would be in the best interests of the
community to be served, the commissioner shall consider factors such as the number of
persons served, the availability of alternative services available in the surrounding
community, the management structure of the program, whether the program provides
culturally specific services, and other relevant factors.
(h) The commissioner shall not issue or reissue a license under this chapter if an individual
living in the household where the services will be provided as specified under section
245C.03, subdivision 1, has been disqualified and the disqualification has not been set aside
and no variance has been granted.
(i) Pursuant to section 245A.07, subdivision 1, paragraph (b), when a license issued
under this chapter has been suspended or revoked and the suspension or revocation is under
appeal, the program may continue to operate pending a final order from the commissioner.
If the license under suspension or revocation will expire before a final order is issued, a
temporary provisional license may be issued provided any applicable license fee is paid
before the temporary provisional license is issued.
(j) Notwithstanding paragraph (i), when a revocation is based on the disqualification of
a controlling individual or license holder, and the controlling individual or license holder
is ordered under section 245C.17 to be immediately removed from direct contact with
persons receiving services or is ordered to be under continuous, direct supervision when
providing direct contact services, the program may continue to operate only if the program
complies with the order and submits documentation demonstrating compliance with the
order. If the disqualified individual fails to submit a timely request for reconsideration, or
if the disqualification is not set aside and no variance is granted, the order to immediately
remove the individual from direct contact or to be under continuous, direct supervision
remains in effect pending the outcome of a hearing and final order from the commissioner.
(k) Unless otherwise specified by statute, all licenses issued under this chapter expire
at 12:01 a.m. on the day after the expiration date stated on the license. A license holder must
deleted text begin apply for and be granteddeleted text end new text begin comply with the requirements in section 245A.10 and be reissued
new text end a new license to operate the program or the program must not be operated after the expiration
date.new text begin Adult foster care, family adult day services, child foster residence setting, and
community residential services license holders must apply for and be granted a new license
to operate the program or the program must not be operated after the expiration date. Upon
implementation of the provider licensing and reporting hub, licenses may be issued each
calendar year.
new text end
(l) The commissioner shall not issue or reissue a license under this chapter if it has been
determined that a Tribal licensing authority has established jurisdiction to license the program
or service.
(m) The commissioner of human services may coordinate and share data with the
commissioner of children, youth, and families to enforce this section.
Sec. 7.
Minnesota Statutes 2024, section 245A.16, subdivision 1, is amended to read:
Subdivision 1.
Delegation of authority to agencies.
(a) County agencies that have been
designated by the commissioner to perform licensing functions and activities under section
245A.04; to recommend denial of applicants under section 245A.05; to issue correction
orders, to issue variances, and recommend a conditional license under section 245A.06; or
to recommend suspending or revoking a license or issuing a fine under section 245A.07,
shall comply with rules and directives of the commissioner governing those functions and
with this section. The following variances are excluded from the delegation of variance
authority and may be issued only by the commissioner:
(1) dual licensure of child foster residence setting and community residential setting;
(2) until the responsibility for family child foster care transfers to the commissioner of
children, youth, and families under Laws 2023, chapter 70, article 12, section 30, dual
licensure of family child foster care and family adult foster care;
(3) until the responsibility for family child care transfers to the commissioner of children,
youth, and families under Laws 2023, chapter 70, article 12, section 30, dual licensure of
family adult foster care and family child care;
(4) adult foster care or community residential setting maximum capacity;
(5) adult foster care or community residential setting minimum age requirement;
(6) child foster care maximum age requirement;
(7) variances regarding disqualified individuals;
(8) the required presence of a caregiver in the adult foster care residence during normal
sleeping hours;
(9) variances to requirements relating to chemical use problems of a license holder or a
household member of a license holder; and
(10) variances to section 142B.46 for the use of a cradleboard for a cultural
accommodation.
(b) Once the respective responsibilities transfer from the commissioner of human services
to the commissioner of children, youth, and families, under Laws 2023, chapter 70, article
12, section 30, the commissioners of human services and children, youth, and families must
both approve a variance for dual licensure of family child foster care and family adult foster
care or family adult foster care and family child care. Variances under this paragraph are
excluded from the delegation of variance authority and may be issued only by both
commissioners.
deleted text begin
(c) For family adult day services programs, the commissioner may authorize licensing
reviews every two years after a licensee has had at least one annual review.
deleted text end
deleted text begin (d) Adeleted text end new text begin (c) An adult foster care, family adult day services, child foster residence setting,
or community residential servicesnew text end license issued under this section may be issued for up to
two yearsnew text begin until implementation of the provider licensing and reporting hub. Upon
implementation of the provider licensing and reporting hub, licenses may be issued each
calendar yearnew text end .
deleted text begin (e)deleted text end new text begin (d)new text end During implementation of chapter 245D, the commissioner shall consider:
(1) the role of counties in quality assurance;
(2) the duties of county licensing staff; and
(3) the possible use of joint powers agreements, according to section 471.59, with counties
through which some licensing duties under chapter 245D may be delegated by the
commissioner to the counties.
Any consideration related to this paragraph must meet all of the requirements of the corrective
action plan ordered by the federal Centers for Medicare and Medicaid Services.
deleted text begin (f)deleted text end new text begin (e)new text end Licensing authority specific to section 245D.06, subdivisions 5, 6, 7, and 8, or
successor provisions; and section 245D.061 or successor provisions, for family child foster
care programs providing out-of-home respite, as identified in section 245D.03, subdivision
1, paragraph (b), clause (1), is excluded from the delegation of authority to county agencies.
Sec. 8.
Minnesota Statutes 2024, section 245A.242, subdivision 2, is amended to read:
Subd. 2.
Emergency overdose treatment.
(a) A license holder must maintain a supply
of opiate antagonists as defined in section 604A.04, subdivision 1, available for emergency
treatment of opioid overdose and must have a written standing order protocol by a physician
who is licensed under chapter 147, advanced practice registered nurse who is licensed under
chapter 148, or physician assistant who is licensed under chapter 147A, that permits the
license holder to maintain a supply of opiate antagonists on site. A license holder must
require staff to undergo training in the specific mode of administration used at the program,
which may include intranasal administration, intramuscular injection, or bothnew text begin , before the
staff has direct contact, as defined in section 245C.02, subdivision 11, with a person served
by the programnew text end .
(b) Notwithstanding any requirements to the contrary in Minnesota Rules, chapters 2960
and 9530, and Minnesota Statutes, chapters 245F, 245G, and 245I:
(1) emergency opiate antagonist medications are not required to be stored in a locked
area and staff and adult clients may carry this medication on them and store it in an unlocked
location;
(2) staff persons who only administer emergency opiate antagonist medications only
require the training required by paragraph (a), which any knowledgeable trainer may provide.
The trainer is not required to be a registered nurse or part of an accredited educational
institution; and
(3) nonresidential substance use disorder treatment programs that do not administer
client medications beyond emergency opiate antagonist medications are not required to
have the policies and procedures required in section 245G.08, subdivisions 5 and 6, and
must instead describe the program's procedures for administering opiate antagonist
medications in the license holder's description of health care services under section 245G.08,
subdivision 1.
Sec. 9.
Minnesota Statutes 2024, section 245C.05, is amended by adding a subdivision to
read:
new text begin Subd. 9. new text end
new text begin Electronic signature. new text end
new text begin
For documentation requiring a signature under this
chapter, use of an electronic signature as defined under section 325L.02, paragraph (h), is
allowed.
new text end
Sec. 10.
Minnesota Statutes 2024, section 245C.08, subdivision 3, is amended to read:
Subd. 3.
Arrest and investigative information.
(a) For any background study completed
under this section, if the commissioner has reasonable cause to believe the information is
pertinent to the disqualification of an individual, the commissioner also may review arrest
and investigative information from:
(1) the Bureau of Criminal Apprehension;
(2) the commissioners of children, youth, and families; health; and human services;
(3) a deleted text begin county attorneydeleted text end new text begin prosecutornew text end ;
deleted text begin
(4) a county sheriff;
deleted text end
deleted text begin (5)deleted text end new text begin (4)new text end a county agency;
deleted text begin (6)deleted text end new text begin (5)new text end a deleted text begin local chief of policedeleted text end new text begin law enforcement agencynew text end ;
deleted text begin (7)deleted text end new text begin (6)new text end other states;
deleted text begin (8)deleted text end new text begin (7)new text end the courts;
deleted text begin (9)deleted text end new text begin (8)new text end the Federal Bureau of Investigation;
deleted text begin (10)deleted text end new text begin (9)new text end the National Criminal Records Repository; and
deleted text begin (11)deleted text end new text begin (10)new text end criminal records from other states.
(b) Except when specifically required by law, the commissioner is not required to conduct
more than one review of a subject's records from the Federal Bureau of Investigation if a
review of the subject's criminal history with the Federal Bureau of Investigation has already
been completed by the commissioner and there has been no break in the subject's affiliation
with the entity that initiated the background study.
(c) If the commissioner conducts a national criminal history record check when required
by law and uses the information from the national criminal history record check to make a
disqualification determination, the data obtained is private data and cannot be shared with
private agencies or prospective employers of the background study subject.
(d) If the commissioner conducts a national criminal history record check when required
by law and uses the information from the national criminal history record check to make a
disqualification determination, the license holder or entity that submitted the study is not
required to obtain a copy of the background study subject's disqualification letter under
section 245C.17, subdivision 3.
Sec. 11.
Minnesota Statutes 2024, section 245C.22, subdivision 5, is amended to read:
Subd. 5.
Scope of set-aside.
(a) If the commissioner sets aside a disqualification under
this section, the disqualified individual remains disqualified, but may hold a license and
have direct contact with or access to persons receiving services. Except as provided in
paragraph (b), the commissioner's set-aside of a disqualification is limited solely to the
licensed program, applicant, or agency specified in the set aside notice under section 245C.23.
For personal care provider organizations,new text begin financial management services organizations,
community first services and supports organizations, unlicensed home and community-based
organizations, and consumer-directed community supports organizations,new text end the commissioner's
set-aside may further be limited to a specific individual who is receiving services. For new
background studies required under section 245C.04, subdivision 1, paragraph (h), if an
individual's disqualification was previously set aside for the license holder's program and
the new background study results in no new information that indicates the individual may
pose a risk of harm to persons receiving services from the license holder, the previous
set-aside shall remain in effect.
(b) If the commissioner has previously set aside an individual's disqualification for one
or more programs or agencies, and the individual is the subject of a subsequent background
study for a different program or agency, the commissioner shall determine whether the
disqualification is set aside for the program or agency that initiated the subsequent
background study. A notice of a set-aside under paragraph (c) shall be issued within 15
working days if all of the following criteria are met:
(1) the subsequent background study was initiated in connection with a program licensed
or regulated under the same provisions of law and rule for at least one program for which
the individual's disqualification was previously set aside by the commissioner;
(2) the individual is not disqualified for an offense specified in section 245C.15,
subdivision 1 or 2;
(3) the commissioner has received no new information to indicate that the individual
may pose a risk of harm to any person served by the program; and
(4) the previous set-aside was not limited to a specific person receiving services.
(c) Notwithstanding paragraph (b), clause (2), for an individual who is employed in the
substance use disorder field, if the commissioner has previously set aside an individual's
disqualification for one or more programs or agencies in the substance use disorder treatment
field, and the individual is the subject of a subsequent background study for a different
program or agency in the substance use disorder treatment field, the commissioner shall set
aside the disqualification for the program or agency in the substance use disorder treatment
field that initiated the subsequent background study when the criteria under paragraph (b),
clauses (1), (3), and (4), are met and the individual is not disqualified for an offense specified
in section 245C.15, subdivision 1. A notice of a set-aside under paragraph (d) shall be issued
within 15 working days.
(d) When a disqualification is set aside under paragraph (b), the notice of background
study results issued under section 245C.17, in addition to the requirements under section
245C.17, shall state that the disqualification is set aside for the program or agency that
initiated the subsequent background study. The notice must inform the individual that the
individual may request reconsideration of the disqualification under section 245C.21 on the
basis that the information used to disqualify the individual is incorrect.
Sec. 12.
Minnesota Statutes 2024, section 245D.02, subdivision 4a, is amended to read:
Subd. 4a.
Community residential setting.
"Community residential setting" means a
residential program deleted text begin as identified in section 245A.11, subdivision 8,deleted text end where residential supports
and services identified in section 245D.03, subdivision 1, paragraph (c), clause (3), items
(i) and (ii), are providednew text begin to adults, as defined in section 245A.02, subdivision 2,new text end and the
license holder is the owner, lessor, or tenant of the facility licensed according to this chapter,
and the license holder does not reside in the facility.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2025.
new text end
Sec. 13.
Minnesota Statutes 2024, section 245G.05, subdivision 1, is amended to read:
Subdivision 1.
Comprehensive assessment.
A comprehensive assessment of the client's
substance use disorder must be administered face-to-face by an alcohol and drug counselor
within five calendar days from the day of service initiation for a residential program or by
the end of the fifth day on which a treatment service is provided in a nonresidential program.
The number of days to complete the comprehensive assessment excludes the day of service
initiation. If the comprehensive assessment is not completed within the required time frame,
the person-centered reason for the delay and the planned completion date must be documented
in the client's file. The comprehensive assessment is complete upon a qualified staff member's
dated signature. If the clientnew text begin previouslynew text end received a comprehensive assessment deleted text begin that authorized
the treatment servicedeleted text end , an alcohol and drug counselor may use the comprehensive assessment
for requirements of this subdivision but must document a review of the comprehensive
assessment and update the comprehensive assessment as clinically necessary to ensure
compliance with this subdivision within applicable timelines. An alcohol and drug counselor
must sign and date the comprehensive assessment review and update.
Sec. 14.
Minnesota Statutes 2024, section 245G.06, subdivision 1, is amended to read:
Subdivision 1.
General.
Each client must have a person-centered individual treatment
plan developed by an alcohol and drug counselor within ten days from the day of service
initiation for a residential program, by the end of the tenth day on which a treatment session
has been provided from the day of service initiation for a client in a nonresidential program,
not to exceed 30 days. Opioid treatment programs must complete the individual treatment
plan within deleted text begin 21deleted text end new text begin 14new text end days from the day of service initiation. The number of days to complete
the individual treatment plan excludes the day of service initiation. The individual treatment
plan must be signed by the client and the alcohol and drug counselor and document the
client's involvement in the development of the plan. The individual treatment plan is
developed upon the qualified staff member's dated signature. Treatment planning must
include ongoing assessment of client needs. An individual treatment plan must be updated
based on new information gathered about the client's condition, the client's level of
participation, and on whether methods identified have the intended effect. A change to the
plan must be signed by the client and the alcohol and drug counselor. If the client chooses
to have family or others involved in treatment services, the client's individual treatment plan
must include how the family or others will be involved in the client's treatment. If a client
is receiving treatment services or an assessment via telehealth and the alcohol and drug
counselor documents the reason the client's signature cannot be obtained, the alcohol and
drug counselor may document the client's verbal approval or electronic written approval of
the treatment plan or change to the treatment plan in lieu of the client's signature.
Sec. 15.
Minnesota Statutes 2024, section 245G.06, subdivision 2a, is amended to read:
Subd. 2a.
Documentation of treatment services.
The license holder must ensure that
the staff member who provides the treatment service documents in the client record the
date, type, and amount of each treatment service provided to a client and the client's response
to each treatment service within seven days of providing the treatment service.new text begin In addition
to the other requirements of this subdivision, if a guest speaker presents information during
a treatment service, the alcohol and drug counselor who provided the service and is
responsible for the information presented by the guest speaker must document the name of
the guest speaker, date of service, time the presentation began, time the presentation ended,
and a summary of the topic presentation.
new text end
Sec. 16.
Minnesota Statutes 2024, section 245G.06, subdivision 3a, is amended to read:
Subd. 3a.
Frequency of treatment plan reviews.
(a) A license holder must ensure that
the alcohol and drug counselor responsible for a client's treatment plan completes and
documents a treatment plan review that meets the requirements of subdivision 3 in each
client's file, according to the frequencies required in this subdivision. All ASAM levels
referred to in this chapter are those described in section 254B.19, subdivision 1.
(b) For a client receiving residential ASAM level 3.3 or 3.5 high-intensity services or
residential hospital-based services, a treatment plan review must be completed once every
14 days.
(c) For a client receiving residential ASAM level 3.1 low-intensity services or any other
residential level not listed in paragraph (b), a treatment plan review must be completed once
every 30 days.
(d) For a client receiving nonresidential ASAM level 2.5 partial hospitalization services,
a treatment plan review must be completed once every 14 days.
(e) For a client receiving nonresidential ASAM level 1.0 outpatient or 2.1 intensive
outpatient services or any other nonresidential level not included in paragraph (d), a treatment
plan review must be completed once every 30 days.
(f) For a client receiving nonresidential opioid treatment program services according to
section 245G.22, a treatment plan review must be completed:
(1) weekly for the ten weeks following completion of the treatment plan; and
(2) monthly thereafter.
Treatment plan reviews must be completed more frequently when clinical needs warrant.
new text begin
(g) The ten-week time frame in paragraph (f), clause (1), may include a client's previous
time at another opioid treatment program licensed in Minnesota under section 245G.22 if:
new text end
new text begin
(1) the client was enrolled in the other opioid treatment program immediately prior to
admission to the license holder's program;
new text end
new text begin
(2) the client did not miss taking a daily dose of medication to treat an opioid use disorder;
and
new text end
new text begin
(3) the license holder obtains from the previous opioid treatment program the client's
number of days in comprehensive treatment, discharge summary, amount of daily milligram
dose of medication for opioid use disorder, and previous three drug abuse test results.
new text end
deleted text begin (g)deleted text end new text begin (h)new text end Notwithstanding paragraphs (e) and (f), clause (2), for a client in a nonresidential
program with a treatment plan that clearly indicates less than five hours of skilled treatment
services will be provided to the client each month, a treatment plan review must be completed
once every 90 days. Treatment plan reviews must be completed more frequently when
clinical needs warrant.
Sec. 17.
Minnesota Statutes 2024, section 245G.07, subdivision 2, is amended to read:
Subd. 2.
Additional treatment service.
A license holder may provide or arrange the
following additional treatment service as a part of the client's individual treatment plan:
(1) relationship counseling provided by a qualified professional to help the client identify
the impact of the client's substance use disorder on others and to help the client and persons
in the client's support structure identify and change behaviors that contribute to the client's
substance use disorder;
(2) therapeutic recreation to allow the client to participate in recreational activities
without the use of mood-altering chemicals and to plan and select leisure activities that do
not involve the inappropriate use of chemicals;
(3) stress management and physical well-being to help the client reach and maintain an
appropriate level of health, physical fitness, and well-being;
(4) living skills development to help the client learn basic skills necessary for independent
living;
(5) employment or educational services to help the client become financially independent;
(6) socialization skills development to help the client live and interact with others in a
positive and productive manner;
(7) room, board, and supervision at the treatment site to provide the client with a safe
and appropriate environment to gain and practice new skills; and
(8) peer recovery support services must be providednew text begin one-to-one and face-to-face,new text end by a
recovery peer deleted text begin qualifieddeleted text end according to section 245I.04, subdivision 18. Peer recovery support
services must be provided according to sections 254B.05, subdivision 5, and 254B.052new text begin , and
may be provided through telehealth according to section 256B.0625, subdivision 3bnew text end .
Sec. 18.
Minnesota Statutes 2024, section 245G.08, subdivision 6, is amended to read:
Subd. 6.
Control of drugs.
A license holder must have and implement written policies
and procedures developed by a registered nurse that contain:
(1) a requirement that each drug must be stored in a locked compartment. A Schedule
II drug, as defined by section 152.02, subdivision 3, must be stored in a separately locked
compartment, permanently affixed to the physical plant or medication cart;
(2) anew text begin documentationnew text end system deleted text begin whichdeleted text end new text begin thatnew text end accounts for all deleted text begin scheduled drugs each shiftdeleted text end new text begin
schedule II to V drugs listed in section 152.02, subdivisions 3 to 6new text end ;
(3) a procedure for recording the client's use of medication, including the signature of
the staff member who completed the administration of the medication with the time and
date;
(4) a procedure to destroy a discontinued, outdated, or deteriorated medication;
(5) a statement that only authorized personnel are permitted access to the keys to a locked
compartment;
(6) a statement that no legend drug supply for one client shall be given to another client;
and
(7) a procedure for monitoring the available supply of an opiate antagonist as defined
in section 604A.04, subdivision 1, on site and replenishing the supply when needed.
Sec. 19.
Minnesota Statutes 2024, section 245G.09, subdivision 3, is amended to read:
Subd. 3.
Contents.
new text begin (a) new text end Client records must contain the following:
(1) documentation that the client was givennew text begin :
new text end
new text begin (i)new text end information on client rights and responsibilitiesdeleted text begin ,deleted text end new text begin andnew text end grievance proceduresdeleted text begin ,deleted text end new text begin on the
day of service initiation;
new text end
new text begin (ii) information onnew text end tuberculosisdeleted text begin ,deleted text end and HIVdeleted text begin , and that the client was provideddeleted text end new text begin within 72
hours of service initiation;
new text end
new text begin (iii)new text end an orientation to the program abuse prevention plan required under section 245A.65,
subdivision 2, paragraph (a), clause (4)deleted text begin . If the client has an opioid use disorder, the record
must contain documentation that the client was provideddeleted text end new text begin , within 24 hours of admission or,
for clients who would benefit from a later orientation, 72 hours; and
new text end
new text begin (iv) opioidnew text end educational deleted text begin informationdeleted text end new text begin materialnew text end according to section 245G.04, subdivision
3new text begin , on the day of service initiationnew text end ;
(2) an initial services plan completed according to section 245G.04;
(3) a comprehensive assessment completed according to section 245G.05;
(4) an individual abuse prevention plan according to sections 245A.65, subdivision 2,
and 626.557, subdivision 14, when applicable;
(5) an individual treatment plan according to section 245G.06, subdivisions 1 and 1a;
(6) documentation of treatment services, significant events, appointments, concerns, and
treatment plan reviews according to section 245G.06, subdivisions 2a, 2b, 3, and 3a; and
(7) a summary at the time of service termination according to section 245G.06,
subdivision 4.
new text begin
(b) For a client that transfers to another of the license holder's licensed treatment locations,
the license holder is not required to complete new documents or orientation for the client,
except that the client must receive an orientation to the new location's grievance procedure,
program abuse prevention plan, and maltreatment of minor and vulnerable adults reporting
procedures.
new text end
Sec. 20.
Minnesota Statutes 2024, section 245G.11, subdivision 11, is amended to read:
Subd. 11.
Individuals with temporary permit.
An individual with a temporary permit
from the Board of Behavioral Health and Therapy may provide substance use disorder
treatment deleted text begin servicedeleted text end new text begin services and complete comprehensive assessments, individual treatment
plans, treatment plan reviews, and service discharge summariesnew text end according to this subdivision
if they meet the requirements of either paragraph (a) or (b).
(a) An individual with a temporary permit must be supervised by a licensed alcohol and
drug counselor assigned by the license holder. The supervising licensed alcohol and drug
counselor must document the amount and type of supervision provided at least on a weekly
basis. The supervision must relate to the clinical practice.
(b) An individual with a temporary permit must be supervised by a clinical supervisor
approved by the Board of Behavioral Health and Therapy. The supervision must be
documented and meet the requirements of section 148F.04, subdivision 4.
Sec. 21.
Minnesota Statutes 2024, section 245G.18, subdivision 2, is amended to read:
Subd. 2.
Alcohol and drug counselor qualifications.
In addition to the requirements
specified in section 245G.11, subdivisions 1 and 5, an alcohol and drug counselor providing
treatment service to an adolescent must havedeleted text begin :
deleted text end
deleted text begin (1)deleted text end an additional 30 hours ofnew text begin training ornew text end classroom instruction or one three-credit semester
college course in adolescent development. deleted text begin Thisdeleted text end new text begin Thenew text end trainingnew text begin , classroom instruction, or
college course must be completed no later than six months after the counselor first provides
treatment services to adolescents andnew text end need only be completed one timedeleted text begin ; anddeleted text end new text begin . The training
must be interactive and must not consist only of reading information. An alcohol and drug
counselor who is also qualified as a mental health professional under section 245I.04,
subdivision 2, is exempt from the requirement in this subdivision.
new text end
deleted text begin
(2) at least 150 hours of supervised experience as an adolescent counselor, either as a
student or as a staff member.
deleted text end
Sec. 22.
Minnesota Statutes 2024, section 245G.19, subdivision 4, is amended to read:
Subd. 4.
Additional licensing requirements.
During the times the license holder is
responsible for the supervision of a child,new text begin except for license holders described in subdivision
5,new text end the license holder must meet the following standards:
(1) child and adult ratios in Minnesota Rules, part 9502.0367;
(2) day care training in section 142B.70;
(3) behavior guidance in Minnesota Rules, part 9502.0395;
(4) activities and equipment in Minnesota Rules, part 9502.0415;
(5) physical environment in Minnesota Rules, part 9502.0425;
(6) physical space requirements in section 142B.72; and
(7) water, food, and nutrition in Minnesota Rules, part 9502.0445, unless the license
holder has a license from the Department of Health.
Sec. 23.
Minnesota Statutes 2024, section 245G.19, is amended by adding a subdivision
to read:
new text begin Subd. 5. new text end
new text begin Child care license exemption. new text end
new text begin
(a) License holders that only provide supervision
of children for less than three hours a day while the child's parent is in the same building
or contiguous building as allowed by the exclusion from licensure in section 245A.03,
subdivision 2, paragraph (a), clause (6), are exempt from the requirements of subdivision
4 if the requirements of this subdivision are met.
new text end
new text begin
(b) During the times the license holder is responsible for the supervision of the child,
there must always be a staff member present who is responsible for supervising the child
who is trained in cardiopulmonary resuscitation (CPR) and first aid. This staff person must
be able to immediately contact the child's parent at all times.
new text end
Sec. 24.
Minnesota Statutes 2024, section 245G.22, subdivision 1, is amended to read:
Subdivision 1.
Additional requirements.
(a) An opioid treatment program licensed
under this chapter must also: (1) comply with the requirements of this section and Code of
Federal Regulations, title 42, part 8; (2) be registered as a narcotic treatment program with
the Drug Enforcement Administration; (3) be accredited through an accreditation body
approved by the Division of Pharmacologic Therapy of the Center for Substance Abuse
Treatment; (4) be certified through the Division of Pharmacologic Therapy of the Center
for Substance Abuse Treatment; and (5) hold a license from the Minnesota Board of
Pharmacy or deleted text begin equivalent agencydeleted text end new text begin meet the requirements for dispensing by a practitioner in
section 151.37, subdivision 2, and Minnesota Rules, parts 6800.9950 to 6800.9954new text end .
new text begin
(b) A license holder operating under the dispensing by practitioner requirements in
section 151.37, subdivision 2, and Minnesota Rules, parts 6800.9950 to 6800.9954, must
maintain documentation that the practitioner responsible for complying with the above
statute and rules has signed a statement attesting that they are the practitioner responsible
for complying with the applicable statutes and rules. If more than one person is responsible
for compliance, all practitioners must sign a statement.
new text end
deleted text begin (b)deleted text end new text begin (c)new text end Where a standard in this section differs from a standard in an otherwise applicable
administrative rule or statute, the standard of this section applies.
Sec. 25.
Minnesota Statutes 2024, section 245G.22, subdivision 14, is amended to read:
Subd. 14.
Central registry.
deleted text begin (a)deleted text end A license holder must comply with requirements to
submit information and necessary consents to the state central registry for each client
admitted, as specified by the commissioner. The license holder must submit data concerning
medication used for the treatment of opioid use disorder. The data must be submitted in a
method determined by the commissioner and the original information must be kept in the
client's record. The information must be submitted for each client at admission and discharge.
The program must document the date the information was submitted. The client's failure to
provide the information shall prohibit participation in an opioid treatment program. The
information submitted must include the client's:
(1) full name and all aliases;
(2) date of admission;
(3) date of birth;
(4) Social Security number or Alien Registration Number, if any;new text begin and
new text end
(5) current or previous enrollment status in another opioid treatment programdeleted text begin ;deleted text end new text begin .
new text end
deleted text begin
(6) government-issued photo identification card number; and
deleted text end
deleted text begin
(7) driver's license number, if any.
deleted text end
deleted text begin
(b) The requirements in paragraph (a) are effective upon the commissioner's
implementation of changes to the drug and alcohol abuse normative evaluation system or
development of an electronic system by which to submit the data.
deleted text end
Sec. 26.
Minnesota Statutes 2024, section 245G.22, subdivision 15, is amended to read:
Subd. 15.
Nonmedication treatment services; documentation.
(a) The program must
offer at least 50 consecutive minutes of individual or group therapy treatment services as
defined in section 245G.07, subdivision 1, paragraph (a), clause (1), per week, for the first
ten weeks following the day of service initiation, and at least 50 consecutive minutes per
month thereafter. As clinically appropriate, the program may offer these services cumulatively
and not consecutively in increments of no less than 15 minutes over the required time period,
and for a total of 60 minutes of treatment services over the time period, and must document
the reason for providing services cumulatively in the client's record. The program may offer
additional levels of service when deemed clinically necessary.
new text begin
(b) The ten-week time frame may include a client's previous time at another opioid
treatment program licensed in Minnesota under this section if:
new text end
new text begin
(1) the client was enrolled in the other opioid treatment program immediately prior to
admission to the license holder's program;
new text end
new text begin
(2) the client did not miss taking a daily dose of medication to treat an opioid use disorder;
and
new text end
new text begin
(3) the license holder obtains from the previous opioid treatment program the client's
number of days in comprehensive maintenance treatment, discharge summary, amount of
daily milligram dose of medication for opioid use disorder, and previous three drug abuse
test results.
new text end
deleted text begin (b)deleted text end new text begin (c)new text end Notwithstanding the requirements of comprehensive assessments in section
245G.05, the assessment must be completed within 21 days from the day of service initiation.
Sec. 27.
Minnesota Statutes 2024, section 256.98, subdivision 1, is amended to read:
Subdivision 1.
Wrongfully obtaining assistance.
(a) A person who commits any of the
following acts or omissions with intent to defeat the purposes of sections 145.891 to 145.897,
the MFIP program formerly codified in sections 256.031 to 256.0361, the AFDC program
formerly codified in sections 256.72 to 256.871, chapter 142G, 256B, 256D, 256I, 256K,
or 256L, child care assistance programs, and emergency assistance programs under section
256D.06, is guilty of theft and shall be sentenced under section 609.52, subdivision 3, clauses
(1) to (5):
(1) obtains or attempts to obtain, or aids or abets any person to obtain by means of a
willfully false statement or representation, by intentional concealment of any material fact,
or by impersonation or other fraudulent device, assistance or the continued receipt of
assistance, to include child care assistance or food benefits produced according to sections
145.891 to 145.897 and MinnesotaCare services according to sections 256.9365, 256.94,
and 256L.01 to 256L.15, to which the person is not entitled or assistance greater than that
to which the person is entitled;
(2) knowingly aids or abets in buying or in any way disposing of the property of a
recipient or applicant of assistance without the consent of the county agency; or
(3) obtains or attempts to obtain, alone or in collusion with others, the receipt of payments
to which the individual is not entitled as a provider of subsidized child caredeleted text begin , ordeleted text end new text begin ;new text end by deleted text begin furnishing
or concurring indeleted text end new text begin offering, providing, soliciting, or receiving illegal remuneration as described
in section 142E.51, subdivision 6a, or in violation of section 609.542, subdivision 2; or by
submitting or aiding and abetting the submission ofnew text end a willfully false claim for child care
assistance.
(b) The continued receipt of assistance to which the person is not entitled or greater than
that to which the person is entitled as a result of any of the acts, failure to act, or concealment
described in this subdivision shall be deemed to be continuing offenses from the date that
the first act or failure to act occurred.
Sec. 28.
Minnesota Statutes 2024, section 256B.064, subdivision 1a, is amended to read:
Subd. 1a.
Grounds for sanctions.
(a) The commissioner may impose sanctions against
any individual or entity that receives payments from medical assistance or provides goods
or services for which payment is made from medical assistance for any of the following:
(1) fraud, theft, or abuse in connection with the provision of goods and services to
recipients of public assistance for which payment is made from medical assistance;
(2) a pattern of presentment of false or duplicate claims or claims for services not
medically necessary;
(3) a pattern of making false statements of material facts for the purpose of obtaining
greater compensation than that to which the individual or entity is legally entitled;
(4) suspension or termination as a Medicare vendor;
(5) refusal to grant the state agency access during regular business hours to examine all
records necessary to disclose the extent of services provided to program recipients and
appropriateness of claims for payment;
(6) failure to repay an overpayment or a fine finally established under this section;
(7) failure to correct errors in the maintenance of health service or financial records for
which a fine was imposed or after issuance of a warning by the commissioner; and
(8) any reason for which an individual or entity could be excluded from participation in
the Medicare program under section 1128, 1128A, or 1866(b)(2) of the Social Security Act.
new text begin (b) new text end For the purposes of this section, goods or services for which payment is made from
medical assistance includes but is not limited to care and services identified in section
256B.0625 or provided pursuant to any federally approved waiver.
new text begin
(c) Regardless of the source of payment or other item of value, the commissioner may
impose sanctions against any individual or entity that solicits, receives, pays, or offers to
pay any illegal remuneration as described in section 142E.51, subdivision 6a, in violation
of section 609.542, subdivision 2, or in violation of United States Code, title 42, section
1320a-7b(b)(1) or (2). No conviction is required before the commissioner can impose
sanctions under this paragraph.
new text end
deleted text begin (b)deleted text end new text begin (d)new text end The commissioner may impose sanctions against a pharmacy provider for failure
to respond to a cost of dispensing survey under section 256B.0625, subdivision 13e,
paragraph (h).
Sec. 29.
Minnesota Statutes 2024, section 256B.092, subdivision 11, is amended to read:
Subd. 11.
Residential support services.
(a) Upon federal approval, there is established
a new service called residential support that is available on the community alternative care,
community access for disability inclusion, developmental disabilities, and brain injury
waivers. Existing waiver service descriptions must be modified to the extent necessary to
ensure there is no duplication between other services. Residential support services must be
provided by vendors licensed as a community residential setting deleted text begin as defined in section
245A.11, subdivision 8deleted text end , a foster care setting licensed under Minnesota Rules, parts 2960.3000
to 2960.3340, or an adult foster care setting licensed under Minnesota Rules, parts 9555.5105
to 9555.6265.
(b) Residential support services must meet the following criteria:
(1) the residential site must have a designated person responsible for program
management, oversight, development, and implementation of policies and procedures;
(2) the provider of residential support services must provide supervision, training, and
assistance as described in the person's support plan; and
(3) the provider of residential support services must meet the requirements of licensure
and additional requirements of the person's support plan.
(c) Providers of residential support services that meet the definition in paragraph (a)
must be licensed according to chapter 245D. Providers licensed to provide child foster care
under Minnesota Rules, parts 2960.3000 to 2960.3340, or adult foster care licensed under
Minnesota Rules, parts 9555.5105 to 9555.6265, and that meet the requirements in section
245A.03, subdivision 7, paragraph (f), are considered registered under this section.
Sec. 30.
Minnesota Statutes 2024, section 256B.12, is amended to read:
256B.12 LEGAL REPRESENTATION.
The attorney general or the appropriate county attorney appearing at the direction of the
attorney general shall be the attorney for the state agency, and the county attorney of the
appropriate county shall be the attorney for the deleted text begin localdeleted text end new text begin countynew text end agency in all matters pertaining
hereto. To prosecute under this chapter or sections 609.466 deleted text begin anddeleted text end new text begin ;new text end 609.52, subdivision 2deleted text begin ,deleted text end new text begin ; and
609.542new text end or to recover payments wrongfully made under this chapter, the attorney general
or the appropriate county attorney, acting independently or at the direction of the attorney
general may institute a criminal or civil action.
Sec. 31.
Minnesota Statutes 2024, section 256I.04, subdivision 2c, is amended to read:
Subd. 2c.
Background study requirements.
(a) deleted text begin Effective July 1, 2016,deleted text end A provider of
housing support must initiate background studies in accordance with deleted text begin chapter 245C of the
following individuals:deleted text end new text begin section 245C.03, subdivision 10.
new text end
deleted text begin
(1) controlling individuals as defined in section 245A.02;
deleted text end
deleted text begin
(2) managerial officials as defined in section 245A.02; and
deleted text end
deleted text begin
(3) all employees and volunteers of the establishment who have direct contact with
recipients, or who have unsupervised access to recipients, their personal property, or their
private data.
deleted text end
(b) deleted text begin The provider of housing support must maintain compliance with all requirements
established for entities initiating background studies under chapter 245Cdeleted text end new text begin A provider initiating
a background study pursuant to chapter 245C is not required to initiate a background study
in accordance with sections 299C.66 to 299C.71 or chapter 364new text end .
deleted text begin
(c) Effective July 1, 2017, a provider of housing support must demonstrate that all
individuals required to have a background study according to paragraph (a) have a notice
stating either that:
deleted text end
deleted text begin
(1) the individual is not disqualified under section 245C.14; or
deleted text end
deleted text begin
(2) the individual is disqualified, but the individual has been issued a set-aside of the
disqualification for that setting under section 245C.22.
deleted text end
Sec. 32.
new text begin
[609.542] ILLEGAL REMUNERATIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Definition. new text end
new text begin
For purposes of this section, "federal health care program"
has the meaning given in United States Code, title 42, section 1320a-7b(f).
new text end
new text begin Subd. 2. new text end
new text begin Human services program; unauthorized remuneration. new text end
new text begin
(a) A person who
intentionally solicits or receives money, a discount, a credit, a waiver, a rebate, a good, a
service, employment, or anything else of value in return for doing any of the following is
guilty of a crime and may be sentenced as provided in subdivision 4:
new text end
new text begin
(1) referring an individual to a person for the furnishing or arranging for the furnishing
of any item or service for which payment may be made in whole or in part under a federal
health care program, behavioral health program under chapter 254B, or program under
chapter 142E;
new text end
new text begin
(2) purchasing, leasing, ordering, or arranging for or recommending purchasing, leasing,
or ordering any good, facility, service, or item for which payment may be made in whole
or in part under a federal health care program, behavioral health program under chapter
254B, or program under chapter 142E; or
new text end
new text begin
(3) applying for or receiving any item or service for which payment may be made in
whole or in part under a federal health care program, behavioral health program under
chapter 254B, or program under chapter 142E.
new text end
new text begin
(b) A person who intentionally offers or provides money, a discount, a credit, a waiver,
a rebate, a good, a service, employment, or anything else of value to induce a person to do
any of the following is guilty of a crime and may be sentenced as provided in subdivision
4:
new text end
new text begin
(1) refer an individual to a person for the furnishing or arranging for the furnishing of
any item or service for which payment may be made in whole or in part under a federal
health care program, behavioral health program under chapter 254B, or program under
chapter 142E;
new text end
new text begin
(2) purchase, lease, order, or arrange for or recommend purchasing, leasing, or ordering
any good, facility, service, or item for which payment may be made in whole or in part
under a federal health care program, behavioral health program under chapter 254B, or
program under chapter 142E; or
new text end
new text begin
(3) apply for or receive any item or service for which payment may be made in whole
or in part under a federal health care program, behavioral health program under chapter
254B, or program under chapter 142E.
new text end
new text begin Subd. 3. new text end
new text begin Exceptions. new text end
new text begin
(a) Subdivision 2 does not apply to any payment, discount, waiver,
or other remuneration exempted under United States Code, title 42, section 1320a-7b(b)(3),
or payment made under a federal health care program that is exempt from liability by United
States Code, title 42, section 1001.952.
new text end
new text begin
(b) For actions involving a program under chapter 142E, subdivision 2 does not apply
to:
new text end
new text begin
(1) any amount paid by an employer to a bona fide employee for providing covered
items or services under chapter 142E while acting in the course and scope of employment;
or
new text end
new text begin
(2) child care provider discounts, scholarships, or other financial assistance to families
allowed under section 142E.17, subdivision 7.
new text end
new text begin Subd. 4. new text end
new text begin Penalties. new text end
new text begin
An individual who violates subdivision 2 may be sentenced as
follows:
new text end
new text begin
(1) imprisonment of not more than 20 years or payment of a fine of not more than
$100,000, or both, if the value of any money, discount, credit, waiver, rebate, good, service,
employment, or other thing of value solicited, received, offered, or provided exceeds $35,000;
new text end
new text begin
(2) imprisonment of not more than ten years or payment of a fine of not more than
$20,000, or both, if the value of any money, discount, credit, waiver, rebate, good, service,
employment, or other item of value solicited, received, offered, or provided is more than
$5,000 but not more than $35,000; or
new text end
new text begin
(3) imprisonment for not more than five years or payment of a fine of not more than
$10,000, or both, if the value of any money, discount, credit, waiver, rebate, good, service,
employment, or other item of value solicited, received, offered, or provided is not more
than $5,000.
new text end
new text begin Subd. 5. new text end
new text begin Aggregation. new text end
new text begin
In a prosecution under this section, the value of any money,
discount, credit, waiver, rebate, good, service, employment, or other item of value solicited,
received, offered, or provided within a six-month period may be aggregated and the defendant
charged accordingly. When two or more offenses are committed by the same person in two
or more counties, the accused may be prosecuted in any county in which one of the offenses
was committed for all of the offenses aggregated under this subdivision.
new text end
new text begin Subd. 6. new text end
new text begin False claims. new text end
new text begin
In addition to the penalties provided in this section, a claim, as
defined in section 15C.01, subdivision 2, that includes items or services resulting from a
violation of this section constitutes a false or fraudulent claim for purposes of section 15C.02.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2025, and applies to crimes
committed on or after that date.
new text end
Sec. 33.
Laws 2023, chapter 70, article 7, section 34, the effective date, is amended to
read:
EFFECTIVE DATE.
This section is effective deleted text begin for background studies requested on or
after August 1, 2024deleted text end new text begin the day following final enactmentnew text end .
Sec. 34. new text begin REPEALER.
new text end
new text begin
(a)
new text end
new text begin
Minnesota Statutes 2024, section 245A.11, subdivision 8,
new text end
new text begin
is repealed.
new text end
new text begin
(b)
new text end
new text begin
Minnesota Statutes 2024, section 245A.042, subdivisions 2, 3, and 4,
new text end
new text begin
are repealed.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
Paragraph (a) is effective August 1, 2025.
new text end
ARTICLE 6
ASSERTIVE COMMUNITY TREATMENT AND INTENSIVE RESIDENTIAL
TREATMENT SERVICES RECODIFICATION
Section 1.
Minnesota Statutes 2024, section 256B.0622, subdivision 1, is amended to read:
Subdivision 1.
Scope.
(a) Subject to federal approval, medical assistance covers medically
necessary, assertive community treatment when the services are provided by an entity
certified under and meeting the standards in this section.
deleted text begin
(b) Subject to federal approval, medical assistance covers medically necessary, intensive
residential treatment services when the services are provided by an entity licensed under
and meeting the standards in section 245I.23.
deleted text end
deleted text begin (c)deleted text end new text begin (b)new text end The provider entity must make reasonable and good faith efforts to report
individual client outcomes to the commissioner, using instruments and protocols approved
by the commissioner.
Sec. 2.
Minnesota Statutes 2024, section 256B.0622, subdivision 8, is amended to read:
Subd. 8.
Medical assistance payment for assertive community treatment deleted text begin and
intensive residential treatmentdeleted text end services.
(a) Payment for deleted text begin intensive residential treatment
services anddeleted text end assertive community treatment in this section shall be based on one daily rate
per provider inclusive of the following services received by an eligible client in a given
calendar day: all rehabilitative services under this section, staff travel time to provide
rehabilitative services under this section, and nonresidential crisis stabilization services
under section 256B.0624.
(b) Except as indicated in paragraph (d), payment will not be made to more than one
entity for each client for services provided under this section on a given day. If services
under this section are provided by a team that includes staff from more than one entity, the
team must determine how to distribute the payment among the members.
(c) deleted text begin Payment must not be made based solely on a court order to participate in intensive
deleted text end deleted text begin residential treatment services. If a client has a court order to participate in the program or
deleted text end deleted text begin to obtain assessment for treatment and follow treatment recommendations,deleted text end payment under
this section must only be provided if the client is eligible for the service and the service is
determined to be medically necessary.
(d) The commissioner shall determine deleted text begin one rate for each provider that will bill medical
assistance for residential services under this section anddeleted text end one rate for each assertive community
treatment providernew text begin under this sectionnew text end . If a single entity provides both deleted text begin servicesdeleted text end new text begin intensive
residential treatment services under section 256B.0632 and assertive community treatment
under this sectionnew text end , one rate is established for the entity'snew text begin intensivenew text end residentialnew text begin treatmentnew text end
servicesnew text begin under section 256B.0632new text end and another rate for the entity's deleted text begin nonresidentialdeleted text end new text begin assertive
community treatmentnew text end services under this section. A provider is not eligible for payment
under this section without authorization from the commissioner. The commissioner shall
develop rates using the following criteria:
(1) the provider's cost for services shall include direct services costs, other program
costs, and other costs determined as follows:
(i) the direct services costs must be determined using actual costs of salaries, benefits,
payroll taxes, and training of direct service staff and service-related transportation;
(ii) other program costs not included in item (i) must be determined as a specified
percentage of the direct services costs as determined by item (i). The percentage used shall
be determined by the commissioner based upon the average of percentages that represent
the relationship of other program costs to direct services costs among the entities that provide
similar services;
(iii) physical plant costs calculated based on the percentage of space within the program
that is entirely devoted to treatment and programming. This does not include administrative
or residential space;
(iv) assertive community treatment physical plant costs must be reimbursed as part of
the costs described in item (ii); and
(v) subject to federal approval, up to an additional five percent of the total rate may be
added to the program rate as a quality incentive based upon the entity meeting performance
criteria specified by the commissioner;
(2) actual deleted text begin cost isdeleted text end new text begin costs arenew text end defined as costs which are allowable, allocable, and reasonable,
and consistent with federal reimbursement requirements under Code of Federal Regulations,
title 48, chapter 1, part 31, relating to for-profit entities, and Office of Management and
Budget deleted text begin Circular Number A-122deleted text end new text begin Uniform Guidance under Code of Federal Regulations,
title 2, section 200new text end , relating to nonprofit entities;
(3) the number of service units;
(4) the degree to which clients will receive services other than services under this sectionnew text begin
or section 256B.0632new text end ; and
(5) the costs of other services that will be separately reimbursed.
(e) The rate for deleted text begin intensive residential treatment services anddeleted text end assertive community treatment
must exclude the medical assistance room and board rate, as defined in section 256B.056,
subdivision 5d, and services not covered under this section, such as partial hospitalization,
home care, and inpatient services.
deleted text begin
(f) Physician services that are not separately billed may be included in the rate to the
extent that a psychiatrist, or other health care professional providing physician services
within their scope of practice, is a member of the intensive residential treatment services
treatment team. Physician services, whether billed separately or included in the rate, may
be delivered by telehealth. For purposes of this paragraph, "telehealth" has the meaning
given to "mental health telehealth" in section 256B.0625, subdivision 46, when telehealth
is used to provide intensive residential treatment services.
deleted text end
deleted text begin (g)deleted text end new text begin (f)new text end When services under this section are provided by an assertive community treatment
provider, case management functions must be an integral part of the team.
deleted text begin (h)deleted text end new text begin (g)new text end The rate for a provider must not exceed the rate charged by that provider for the
same service to other payors.
deleted text begin (i)deleted text end new text begin (h)new text end The rates for existing programs must be established prospectively based upon the
expenditures and utilization over a prior 12-month period using the criteria established in
paragraph (d). The rates for new programs must be established based upon estimated
expenditures and estimated utilization using the criteria established in paragraph (d).
deleted text begin (j)deleted text end new text begin (i)new text end Effective for the rate years beginning on and after January 1, 2024, rates for
assertive community treatment, adult residential crisis stabilization services, and intensive
residential treatment services must be annually adjusted for inflation using the Centers for
Medicare and Medicaid Services Medicare Economic Index, as forecasted in the third quarter
of the calendar year before the rate year. The inflation adjustment must be based on the
12-month period from the midpoint of the previous rate year to the midpoint of the rate year
for which the rate is being determined.new text begin This paragraph expires upon federal approval.
new text end
new text begin
(j) Effective upon the expiration of paragraph (i), and effective for the rate years beginning
on and after January 1, 2024, rates for assertive community treatment services must be
annually adjusted for inflation using the Centers for Medicare and Medicaid Services
Medicare Economic Index, as forecasted in the third quarter of the calendar year before the
rate year. The inflation adjustment must be based on the 12-month period from the midpoint
of the previous rate year to the midpoint of the rate year for which the rate is being
determined.
new text end
(k) Entities who discontinue providing services must be subject to a settle-up process
whereby actual costs and reimbursement for the previous 12 months are compared. In the
event that the entity was paid more than the entity's actual costs plus any applicable
performance-related funding due the provider, the excess payment must be reimbursed to
the department. If a provider's revenue is less than actual allowed costs due to lower
utilization than projected, the commissioner may reimburse the provider to recover its actual
allowable costs. The resulting adjustments by the commissioner must be proportional to the
percent of total units of service reimbursed by the commissioner and must reflect a difference
of greater than five percent.
(l) A provider may request of the commissioner a review of any rate-setting decision
made under this subdivision.
Sec. 3.
Minnesota Statutes 2024, section 256B.0622, subdivision 11, is amended to read:
Subd. 11.
Sustainability grants.
The commissioner may disburse grant funds directly
to deleted text begin intensive residential treatment services providers anddeleted text end assertive community treatment
providers to maintain access to these services.
Sec. 4.
Minnesota Statutes 2024, section 256B.0622, subdivision 12, is amended to read:
Subd. 12.
Start-up grants.
The commissioner may, within available appropriations,
disburse grant funding to counties, Indian tribes, or mental health service providers to
establish additional assertive community treatment teamsdeleted text begin , intensive residential treatment
services, or crisis residential servicesdeleted text end .
Sec. 5.
new text begin
[256B.0632] INTENSIVE RESIDENTIAL TREATMENT SERVICES.
new text end
new text begin Subdivision 1. new text end
new text begin Scope. new text end
new text begin
(a) Subject to federal approval, medical assistance covers medically
necessary, intensive residential treatment services when the services are provided by an
entity licensed under and meeting the standards in section 245I.23.
new text end
new text begin
(b) The provider entity must make reasonable and good faith efforts to report individual
client outcomes to the commissioner, using instruments and protocols approved by the
commissioner.
new text end
new text begin Subd. 2. new text end
new text begin
Provider entity licensure and contract requirements for intensive residential
treatment services.
new text end
new text begin
(a) The commissioner shall develop procedures for counties and
providers to submit other documentation as needed to allow the commissioner to determine
whether the standards in this section are met.
new text end
new text begin
(b) A provider entity must specify in the provider entity's application what geographic
area and populations will be served by the proposed program. A provider entity must
document that the capacity or program specialties of existing programs are not sufficient
to meet the service needs of the target population. A provider entity must submit evidence
of ongoing relationships with other providers and levels of care to facilitate referrals to and
from the proposed program.
new text end
new text begin
(c) A provider entity must submit documentation that the provider entity requested a
statement of need from each county board and Tribal authority that serves as a local mental
health authority in the proposed service area. The statement of need must specify if the local
mental health authority supports or does not support the need for the proposed program and
the basis for this determination. If a local mental health authority does not respond within
60 days of the receipt of the request, the commissioner shall determine the need for the
program based on the documentation submitted by the provider entity.
new text end
new text begin Subd. 3. new text end
new text begin Medical assistance payment for intensive residential treatment services. new text end
new text begin
(a)
Payment for intensive residential treatment services in this section shall be based on one
daily rate per provider inclusive of the following services received by an eligible client in
a given calendar day: all rehabilitative services under this section, staff travel time to provide
rehabilitative services under this section, and nonresidential crisis stabilization services
under section 256B.0624.
new text end
new text begin
(b) Except as indicated in paragraph (d), payment will not be made to more than one
entity for each client for services provided under this section on a given day. If services
under this section are provided by a team that includes staff from more than one entity, the
team must determine how to distribute the payment among the members.
new text end
new text begin
(c) Payment must not be made based solely on a court order to participate in intensive
residential treatment services. If a client has a court order to participate in the program or
to obtain assessment for treatment and follow treatment recommendations, payment under
this section must only be provided if the client is eligible for the service and the service is
determined to be medically necessary.
new text end
new text begin
(d) The commissioner shall determine one rate for each provider that will bill medical
assistance for intensive residential treatment services under this section. If a single entity
provides both intensive residential treatment services under this section and assertive
community treatment under section 256B.0622, one rate is established for the entity's
intensive residential treatment services under this section and another rate for the entity's
assertive community treatment services under section 256B.0622. A provider is not eligible
for payment under this section without authorization from the commissioner. The
commissioner shall develop rates using the following criteria:
new text end
new text begin
(1) the provider's cost for services shall include direct services costs, other program
costs, and other costs determined as follows:
new text end
new text begin
(i) the direct services costs must be determined using actual costs of salaries, benefits,
payroll taxes, and training of direct service staff and service-related transportation;
new text end
new text begin
(ii) other program costs not included in item (i) must be determined as a specified
percentage of the direct services costs as determined by item (i). The percentage used shall
be determined by the commissioner based upon the average of percentages that represent
the relationship of other program costs to direct services costs among the entities that provide
similar services;
new text end
new text begin
(iii) physical plant costs calculated based on the percentage of space within the program
that is entirely devoted to treatment and programming. This does not include administrative
or residential space; and
new text end
new text begin
(iv) subject to federal approval, up to an additional five percent of the total rate may be
added to the program rate as a quality incentive based upon the entity meeting performance
criteria specified by the commissioner;
new text end
new text begin
(2) actual costs are defined as costs which are allowable, allocable, and reasonable, and
consistent with federal reimbursement requirements under Code of Federal Regulations,
title 48, chapter 1, part 31, relating to for-profit entities, and Office of Management and
Budget Uniform Guidance under Code of Federal Regulations, title 2, section 200, relating
to nonprofit entities;
new text end
new text begin
(3) the number of services units;
new text end
new text begin
(4) the degree to which clients will receive services other than services under this section
or section 256B.0622; and
new text end
new text begin
(5) the costs of other services that will be separately reimbursed.
new text end
new text begin
(e) The rate for intensive residential treatment services must exclude the medical
assistance room and board rate, as defined in section 256B.056, subdivision 5d, and services
not covered under this section, such as partial hospitalization, home care, and inpatient
services.
new text end
new text begin
(f) Physician services that are not separately billed may be included in the rate to the
extent that a psychiatrist, or other health care professional providing physician services
within their scope of practice, is a member of the intensive residential treatment services
treatment team. Physician services, whether billed separately or included in the rate, may
be delivered by telehealth. For purposes of this paragraph, "telehealth" has the meaning
given to "mental health telehealth" in section 256B.0625, subdivision 46, when telehealth
is used to provide intensive residential treatment services.
new text end
new text begin
(g) The rate for a provider must not exceed the rate charged by that provider for the
same service to other payors.
new text end
new text begin
(h) The rates for existing programs must be established prospectively based upon the
expenditures and utilization over a prior 12-month period using the criteria established in
paragraph (d). The rates for new programs must be established based upon estimated
expenditures and estimated utilization using the criteria established in paragraph (d).
new text end
new text begin
(i) Effective upon the expiration of section 256B.0622, subdivision 8, paragraph (h),
and effective for rate years beginning on and after January 1, 2024, rates for intensive
residential treatment services and adult residential crisis stabilization services must be
annually adjusted for inflation using the Centers for Medicare and Medicaid Services
Medicare Economic Index, as forecasted in the third quarter of the calendar year before the
rate year. The inflation adjustment must be based on the 12-month period from the midpoint
of the previous rate year to the midpoint of the rate year for which the rate is being
determined.
new text end
new text begin
(j) Entities who discontinue providing services must be subject to a settle-up process
whereby actual costs and reimbursement for the previous 12 months are compared. In the
event that the entity was paid more than the entity's actual costs plus any applicable
performance-related funding due the provider, the excess payment must be reimbursed to
the department. If a provider's revenue is less than actual allowed costs due to lower
utilization than projected, the commissioner may reimburse the provider to recover its actual
allowable costs. The resulting adjustments by the commissioner must be proportional to the
percent of total units of service reimbursed by the commissioner and must reflect a difference
of greater than five percent.
new text end
new text begin
(k) A provider may request of the commissioner a review of any rate-setting decision
made under this subdivision.
new text end
new text begin Subd. 4. new text end
new text begin Provider enrollment; rate setting for county-operated entities. new text end
new text begin
Counties
that employ their own staff to provide services under this section shall apply directly to the
commissioner for enrollment and rate setting. In this case, a county contract is not required.
new text end
new text begin Subd. 5. new text end
new text begin Provider enrollment; rate setting for specialized program. new text end
new text begin
A county contract
is not required for a provider proposing to serve a subpopulation of eligible clients under
the following circumstances:
new text end
new text begin
(1) the provider demonstrates that the subpopulation to be served requires a specialized
program which is not available from county-approved entities; and
new text end
new text begin
(2) the subpopulation to be served is of such a low incidence that it is not feasible to
develop a program serving a single county or regional group of counties.
new text end
new text begin Subd. 6. new text end
new text begin Sustainability grants. new text end
new text begin
The commissioner may disburse grant funds directly to
intensive residential treatment services providers to maintain access to these services.
new text end
new text begin Subd. 7. new text end
new text begin Start-up grants. new text end
new text begin
The commissioner may, within available appropriations,
disburse grant funding to counties, Indian Tribes, or mental health service providers to
establish additional intensive residential treatment services and residential crisis services.
new text end
Sec. 6. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2024, section 256B.0622, subdivision 4,
new text end
new text begin
is repealed.
new text end
ARTICLE 7
ASSERTIVE COMMUNITY TREATMENT AND INTENSIVE RESIDENTIAL
TREATMENT SERVICES RECODIFICATION CONFORMING CHANGES
Section 1.
Minnesota Statutes 2024, section 148F.11, subdivision 1, is amended to read:
Subdivision 1.
Other professionals.
(a) Nothing in this chapter prevents members of
other professions or occupations from performing functions for which they are qualified or
licensed. This exception includes, but is not limited to: licensed physicians; registered nurses;
licensed practical nurses; licensed psychologists and licensed psychological practitioners;
members of the clergy provided such services are provided within the scope of regular
ministries; American Indian medicine men and women; licensed attorneys; probation officers;
licensed marriage and family therapists; licensed social workers; social workers employed
by city, county, or state agencies; licensed professional counselors; licensed professional
clinical counselors; licensed school counselors; registered occupational therapists or
occupational therapy assistants; Upper Midwest Indian Council on Addictive Disorders
(UMICAD) certified counselors when providing services to Native American people; city,
county, or state employees when providing assessments or case management under Minnesota
Rules, chapter 9530; and staff persons providing co-occurring substance use disorder
treatment in adult mental health rehabilitative programs certified or licensed by the
Department of Human Services under section 245I.23, 256B.0622, deleted text begin ordeleted text end 256B.0623new text begin , or
256B.0632new text end .
(b) Nothing in this chapter prohibits technicians and resident managers in programs
licensed by the Department of Human Services from discharging their duties as provided
in Minnesota Rules, chapter 9530.
(c) Any person who is exempt from licensure under this section must not use a title
incorporating the words "alcohol and drug counselor" or "licensed alcohol and drug
counselor" or otherwise hold himself or herself out to the public by any title or description
stating or implying that he or she is engaged in the practice of alcohol and drug counseling,
or that he or she is licensed to engage in the practice of alcohol and drug counseling, unless
that person is also licensed as an alcohol and drug counselor. Persons engaged in the practice
of alcohol and drug counseling are not exempt from the board's jurisdiction solely by the
use of one of the titles in paragraph (a).
Sec. 2.
Minnesota Statutes 2024, section 245.4662, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
(a) For purposes of this section, the following terms have
the meanings given them.
(b) "Community partnership" means a project involving the collaboration of two or more
eligible applicants.
(c) "Eligible applicant" means an eligible county, Indian tribe, mental health service
provider, hospital, or community partnership. Eligible applicant does not include a
state-operated direct care and treatment facility or program under chapters 246 and 246C.
(d) "Intensive residential treatment services" has the meaning given in section deleted text begin 256B.0622deleted text end new text begin
256B.0632new text end .
(e) "Metropolitan area" means the seven-county metropolitan area, as defined in section
473.121, subdivision 2.
Sec. 3.
Minnesota Statutes 2024, section 245.4906, subdivision 2, is amended to read:
Subd. 2.
Eligible applicants.
An eligible applicant is a licensed entity or provider that
employs a mental health certified peer specialist qualified under section 245I.04, subdivision
10, and that provides services to individuals receiving assertive community treatment deleted text begin or
intensive residential treatment servicesdeleted text end under section 256B.0622,new text begin intensive residential
treatment services under section 256B.0632,new text end adult rehabilitative mental health services
under section 256B.0623, or crisis response services under section 256B.0624.
Sec. 4.
Minnesota Statutes 2024, section 254B.04, subdivision 1a, is amended to read:
Subd. 1a.
Client eligibility.
(a) Persons eligible for benefits under Code of Federal
Regulations, title 25, part 20, who meet the income standards of section 256B.056,
subdivision 4, and are not enrolled in medical assistance, are entitled to behavioral health
fund services. State money appropriated for this paragraph must be placed in a separate
account established for this purpose.
(b) Persons with dependent children who are determined to be in need of substance use
disorder treatment pursuant to an assessment under section 260E.20, subdivision 1, or in
need of chemical dependency treatment pursuant to a case plan under section 260C.201,
subdivision 6, or 260C.212, shall be assisted by the local agency to access needed treatment
services. Treatment services must be appropriate for the individual or family, which may
include long-term care treatment or treatment in a facility that allows the dependent children
to stay in the treatment facility. The county shall pay for out-of-home placement costs, if
applicable.
(c) Notwithstanding paragraph (a), any person enrolled in medical assistance or
MinnesotaCare is eligible for room and board services under section 254B.05, subdivision
5, paragraph (b), clause (9).
(d) A client is eligible to have substance use disorder treatment paid for with funds from
the behavioral health fund when the client:
(1) is eligible for MFIP as determined under chapter 142G;
(2) is eligible for medical assistance as determined under Minnesota Rules, parts
9505.0010 to 9505.0150;
(3) is eligible for general assistance, general assistance medical care, or work readiness
as determined under Minnesota Rules, parts 9500.1200 to 9500.1318; or
(4) has income that is within current household size and income guidelines for entitled
persons, as defined in this subdivision and subdivision 7.
(e) Clients who meet the financial eligibility requirement in paragraph (a) and who have
a third-party payment source are eligible for the behavioral health fund if the third-party
payment source pays less than 100 percent of the cost of treatment services for eligible
clients.
(f) A client is ineligible to have substance use disorder treatment services paid for with
behavioral health fund money if the client:
(1) has an income that exceeds current household size and income guidelines for entitled
persons as defined in this subdivision and subdivision 7; or
(2) has an available third-party payment source that will pay the total cost of the client's
treatment.
(g) A client who is disenrolled from a state prepaid health plan during a treatment episode
is eligible for continued treatment service that is paid for by the behavioral health fund until
the treatment episode is completed or the client is re-enrolled in a state prepaid health plan
if the client:
(1) continues to be enrolled in MinnesotaCare, medical assistance, or general assistance
medical care; or
(2) is eligible according to paragraphs (a) and (b) and is determined eligible by a local
agency under section 254B.04.
(h) When a county commits a client under chapter 253B to a regional treatment center
for substance use disorder services and the client is ineligible for the behavioral health fund,
the county is responsible for the payment to the regional treatment center according to
section 254B.05, subdivision 4.
(i) Persons enrolled in MinnesotaCare are eligible for room and board services when
provided through intensive residential treatment services and residential crisis services under
section deleted text begin 256B.0622deleted text end new text begin 256B.0632new text end .
Sec. 5.
Minnesota Statutes 2024, section 254B.05, subdivision 1a, is amended to read:
Subd. 1a.
Room and board provider requirements.
(a) Vendors of room and board
are eligible for behavioral health fund payment if the vendor:
(1) has rules prohibiting residents bringing chemicals into the facility or using chemicals
while residing in the facility and provide consequences for infractions of those rules;
(2) is determined to meet applicable health and safety requirements;
(3) is not a jail or prison;
(4) is not concurrently receiving funds under chapter 256I for the recipient;
(5) admits individuals who are 18 years of age or older;
(6) is registered as a board and lodging or lodging establishment according to section
157.17;
(7) has awake staff on site whenever a client is present;
(8) has staff who are at least 18 years of age and meet the requirements of section
245G.11, subdivision 1, paragraph (b);
(9) has emergency behavioral procedures that meet the requirements of section 245G.16;
(10) meets the requirements of section 245G.08, subdivision 5, if administering
medications to clients;
(11) meets the abuse prevention requirements of section 245A.65, including a policy on
fraternization and the mandatory reporting requirements of section 626.557;
(12) documents coordination with the treatment provider to ensure compliance with
section 254B.03, subdivision 2;
(13) protects client funds and ensures freedom from exploitation by meeting the
provisions of section 245A.04, subdivision 13;
(14) has a grievance procedure that meets the requirements of section 245G.15,
subdivision 2; and
(15) has sleeping and bathroom facilities for men and women separated by a door that
is locked, has an alarm, or is supervised by awake staff.
(b) Programs licensed according to Minnesota Rules, chapter 2960, are exempt from
paragraph (a), clauses (5) to (15).
(c) Programs providing children's mental health crisis admissions and stabilization under
section 245.4882, subdivision 6, are eligible vendors of room and board.
(d) Programs providing children's residential services under section 245.4882, except
services for individuals who have a placement under chapter 260C or 260D, are eligible
vendors of room and board.
(e) Licensed programs providing intensive residential treatment services or residential
crisis stabilization services pursuant to section deleted text begin 256B.0622 ordeleted text end 256B.0624 new text begin or 256B.0632 new text end are
eligible vendors of room and board and are exempt from paragraph (a), clauses (6) to (15).
(f) A vendor that is not licensed as a residential treatment program must have a policy
to address staffing coverage when a client may unexpectedly need to be present at the room
and board site.
Sec. 6.
Minnesota Statutes 2024, section 256.478, subdivision 2, is amended to read:
Subd. 2.
Eligibility.
An individual is eligible for the transition to community initiative
if the individual can demonstrate that current services are not capable of meeting individual
treatment and service needs that can be met in the community with support, and the individual
meets at least one of the following criteria:
(1) the person meets the criteria under section 256B.092, subdivision 13, or 256B.49,
subdivision 24;
(2) the person has met treatment objectives and no longer requires a hospital-level care,
residential-level care, or a secure treatment setting, but the person's discharge from the
Anoka Metro Regional Treatment Center, the Minnesota Forensic Mental Health Program,
the Child and Adolescent Behavioral Health Hospital program, a psychiatric residential
treatment facility under section 256B.0941, intensive residential treatment services under
section deleted text begin 256B.0622deleted text end new text begin 256B.0632new text end , children's residential services under section 245.4882,
juvenile detention facility, county supervised building, or a hospital would be substantially
delayed without additional resources available through the transitions to community initiative;
(3) the person (i) is receiving customized living services reimbursed under section
256B.4914, 24-hour customized living services reimbursed under section 256B.4914, or
community residential services reimbursed under section 256B.4914; (ii) expresses a desire
to move; and (iii) has received approval from the commissioner; or
(4) the person can demonstrate that the person's needs are beyond the scope of current
service designs and grant funding can support the inclusion of additional supports for the
person to access appropriate treatment and services in the least restrictive environment.
Sec. 7.
Minnesota Statutes 2024, section 256B.0615, subdivision 1, is amended to read:
Subdivision 1.
Scope.
Medical assistance covers mental health certified peer specialist
services, as established in subdivision 2, if provided to recipients who are eligible for services
under sections 256B.0622, 256B.0623, deleted text begin anddeleted text end 256B.0624new text begin , and 256B.0632new text end and are provided
by a mental health certified peer specialist who has completed the training under subdivision
5 and is qualified according to section 245I.04, subdivision 10.
Sec. 8.
Minnesota Statutes 2024, section 256B.0615, subdivision 3, is amended to read:
Subd. 3.
Eligibility.
Peer support services may be made available to consumers of (1)
intensive residential treatment services under section deleted text begin 256B.0622deleted text end new text begin 256B.0632new text end ; (2) adult
rehabilitative mental health services under section 256B.0623; and (3) crisis stabilization
and mental health mobile crisis intervention services under section 256B.0624.
Sec. 9.
Minnesota Statutes 2024, section 256B.82, is amended to read:
256B.82 PREPAID PLANS AND MENTAL HEALTH REHABILITATIVE
SERVICES.
Medical assistance and MinnesotaCare prepaid health plans may include coverage for
adult mental health rehabilitative services under section 256B.0623, intensive rehabilitative
services under section deleted text begin 256B.0622deleted text end new text begin 256B.0632new text end , and adult mental health crisis response services
under section 256B.0624, beginning January 1, 2005.
By January 15, 2004, the commissioner shall report to the legislature how these services
should be included in prepaid plans. The commissioner shall consult with mental health
advocates, health plans, and counties in developing this report. The report recommendations
must include a plan to ensure coordination of these services between health plans and
counties, assure recipient access to essential community providers, and monitor the health
plans' delivery of services through utilization review and quality standards.
Sec. 10.
Minnesota Statutes 2024, section 256D.44, subdivision 5, is amended to read:
Subd. 5.
Special needs.
(a) In addition to the state standards of assistance established
in subdivisions 1 to 4, payments are allowed for the following special needs of recipients
of Minnesota supplemental aid who are not residents of a nursing home, a regional treatment
center, or a setting authorized to receive housing support payments under chapter 256I.
(b) The county agency shall pay a monthly allowance for medically prescribed diets if
the cost of those additional dietary needs cannot be met through some other maintenance
benefit. The need for special diets or dietary items must be prescribed by a licensed physician,
advanced practice registered nurse, or physician assistant. Costs for special diets shall be
determined as percentages of the allotment for a one-person household under the thrifty
food plan as defined by the United States Department of Agriculture. The types of diets and
the percentages of the thrifty food plan that are covered are as follows:
(1) high protein diet, at least 80 grams daily, 25 percent of thrifty food plan;
(2) controlled protein diet, 40 to 60 grams and requires special products, 100 percent of
thrifty food plan;
(3) controlled protein diet, less than 40 grams and requires special products, 125 percent
of thrifty food plan;
(4) low cholesterol diet, 25 percent of thrifty food plan;
(5) high residue diet, 20 percent of thrifty food plan;
(6) pregnancy and lactation diet, 35 percent of thrifty food plan;
(7) gluten-free diet, 25 percent of thrifty food plan;
(8) lactose-free diet, 25 percent of thrifty food plan;
(9) antidumping diet, 15 percent of thrifty food plan;
(10) hypoglycemic diet, 15 percent of thrifty food plan; or
(11) ketogenic diet, 25 percent of thrifty food plan.
(c) Payment for nonrecurring special needs must be allowed for necessary home repairs
or necessary repairs or replacement of household furniture and appliances using the payment
standard of the AFDC program in effect on July 16, 1996, for these expenses, as long as
other funding sources are not available.
(d) A fee for guardian or conservator service is allowed at a reasonable rate negotiated
by the county or approved by the court. This rate shall not exceed five percent of the
assistance unit's gross monthly income up to a maximum of $100 per month. If the guardian
or conservator is a member of the county agency staff, no fee is allowed.
(e) The county agency shall continue to pay a monthly allowance of $68 for restaurant
meals for a person who was receiving a restaurant meal allowance on June 1, 1990, and
who eats two or more meals in a restaurant daily. The allowance must continue until the
person has not received Minnesota supplemental aid for one full calendar month or until
the person's living arrangement changes and the person no longer meets the criteria for the
restaurant meal allowance, whichever occurs first.
(f) A fee equal to the maximum monthly amount allowed by the Social Security
Administration is allowed for representative payee services provided by an agency that
meets the requirements under SSI regulations to charge a fee for representative payee
services. This special need is available to all recipients of Minnesota supplemental aid
regardless of their living arrangement.
(g)(1) Notwithstanding the language in this subdivision, an amount equal to one-half of
the maximum federal Supplemental Security Income payment amount for a single individual
which is in effect on the first day of July of each year will be added to the standards of
assistance established in subdivisions 1 to 4 for adults under the age of 65 who qualify as
in need of housing assistance and are:
(i) relocating from an institution, a setting authorized to receive housing support under
chapter 256I, or an adult mental health residential treatment program under section deleted text begin 256B.0622deleted text end new text begin
256B.0632new text end ;
(ii) eligible for personal care assistance under section 256B.0659; or
(iii) home and community-based waiver recipients living in their own home or rented
or leased apartment.
(2) Notwithstanding subdivision 3, paragraph (c), an individual eligible for the shelter
needy benefit under this paragraph is considered a household of one. An eligible individual
who receives this benefit prior to age 65 may continue to receive the benefit after the age
of 65.
(3) "Housing assistance" means that the assistance unit incurs monthly shelter costs that
exceed 40 percent of the assistance unit's gross income before the application of this special
needs standard. "Gross income" for the purposes of this section is the applicant's or recipient's
income as defined in section 256D.35, subdivision 10, or the standard specified in subdivision
3, paragraph (a) or (b), whichever is greater. A recipient of a federal or state housing subsidy,
that limits shelter costs to a percentage of gross income, shall not be considered in need of
housing assistance for purposes of this paragraph.
ARTICLE 8
CHILDREN'S MENTAL HEALTH TERMINOLOGY
Section 1.
Minnesota Statutes 2024, section 62Q.527, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
(a) For purposes of this section, the following terms have
the meanings given them.
deleted text begin
(b) "Emotional disturbance" has the meaning given in section 245.4871, subdivision 15.
deleted text end
deleted text begin (c)deleted text end new text begin (b)new text end "Mental illness" has the meaning given in deleted text begin sectiondeleted text end new text begin sectionsnew text end 245.462, subdivision
20, paragraph (a)new text begin , and 245.4871, subdivision 15new text end .
deleted text begin (d)deleted text end new text begin (c)new text end "Health plan" has the meaning given in section 62Q.01, subdivision 3, but includes
the coverages described in section 62A.011, subdivision 3, clauses (7) and (10).
Sec. 2.
Minnesota Statutes 2024, section 62Q.527, subdivision 2, is amended to read:
Subd. 2.
Required coverage for antipsychotic drugs.
(a) A health plan that provides
prescription drug coverage must provide coverage for an antipsychotic drug prescribed to
treat deleted text begin emotional disturbance ordeleted text end mental illness regardless of whether the drug is in the health
plan's drug formulary, if the health care provider prescribing the drug:
(1) indicates to the dispensing pharmacist, orally or in writing according to section
151.21, that the prescription must be dispensed as communicated; and
(2) certifies in writing to the health plan company that the health care provider has
considered all equivalent drugs in the health plan's drug formulary and has determined that
the drug prescribed will best treat the patient's condition.
(b) The health plan is not required to provide coverage for a drug if the drug was removed
from the health plan's drug formulary for safety reasons.
(c) For drugs covered under this section, no health plan company that has received a
certification from the health care provider as described in paragraph (a) may:
(1) impose a special deductible, co-payment, coinsurance, or other special payment
requirement that the health plan does not apply to drugs that are in the health plan's drug
formulary; or
(2) require written certification from the prescribing provider each time a prescription
is refilled or renewed that the drug prescribed will best treat the patient's condition.
Sec. 3.
Minnesota Statutes 2024, section 62Q.527, subdivision 3, is amended to read:
Subd. 3.
Continuing care.
(a) Enrollees receiving a prescribed drug to treat a diagnosed
mental illness deleted text begin or emotional disturbancedeleted text end may continue to receive the prescribed drug for up
to one year without the imposition of a special deductible, co-payment, coinsurance, or
other special payment requirements, when a health plan's drug formulary changes or an
enrollee changes health plans and the medication has been shown to effectively treat the
patient's condition. In order to be eligible for this continuing care benefit:
(1) the patient must have been treated with the drug for 90 days prior to a change in a
health plan's drug formulary or a change in the enrollee's health plan;
(2) the health care provider prescribing the drug indicates to the dispensing pharmacist,
orally or in writing according to section 151.21, that the prescription must be dispensed as
communicated; and
(3) the health care provider prescribing the drug certifies in writing to the health plan
company that the drug prescribed will best treat the patient's condition.
(b) The continuing care benefit shall be extended annually when the health care provider
prescribing the drug:
(1) indicates to the dispensing pharmacist, orally or in writing according to section
151.21, that the prescription must be dispensed as communicated; and
(2) certifies in writing to the health plan company that the drug prescribed will best treat
the patient's condition.
(c) The health plan company is not required to provide coverage for a drug if the drug
was removed from the health plan's drug formulary for safety reasons.
Sec. 4.
Minnesota Statutes 2024, section 121A.61, subdivision 3, is amended to read:
Subd. 3.
Policy components.
The policy must include at least the following components:
(a) rules governing student conduct and procedures for informing students of the rules;
(b) the grounds for removal of a student from a class;
(c) the authority of the classroom teacher to remove students from the classroom pursuant
to procedures and rules established in the district's policy;
(d) the procedures for removal of a student from a class by a teacher, school administrator,
or other school district employee;
(e) the period of time for which a student may be removed from a class, which may not
exceed five class periods for a violation of a rule of conduct;
(f) provisions relating to the responsibility for and custody of a student removed from
a class;
(g) the procedures for return of a student to the specified class from which the student
has been removed;
(h) the procedures for notifying a student and the student's parents or guardian of
violations of the rules of conduct and of resulting disciplinary actions;
(i) any procedures determined appropriate for encouraging early involvement of parents
or guardians in attempts to improve a student's behavior;
(j) any procedures determined appropriate for encouraging early detection of behavioral
problems;
(k) any procedures determined appropriate for referring a student in need of special
education services to those services;
(l) any procedures determined appropriate for ensuring victims of bullying who respond
with behavior not allowed under the school's behavior policies have access to a remedial
response, consistent with section 121A.031;
(m) the procedures for consideration of whether there is a need for a further assessment
or of whether there is a need for a review of the adequacy of a current individualized
education program of a student with a disability who is removed from class;
(n) procedures for detecting and addressing chemical abuse problems of a student while
on the school premises;
(o) the minimum consequences for violations of the code of conduct;
(p) procedures for immediate and appropriate interventions tied to violations of the code;
(q) a provision that states that a teacher, school employee, school bus driver, or other
agent of a district may use reasonable force in compliance with section 121A.582 and other
laws;
(r) an agreement regarding procedures to coordinate crisis services to the extent funds
are available with the county board responsible for implementing sections 245.487 to
245.4889 for students with a serious deleted text begin emotional disturbancedeleted text end new text begin mental illnessnew text end or other students
who have an individualized education program whose behavior may be addressed by crisis
intervention;
(s) a provision that states a student must be removed from class immediately if the student
engages in assault or violent behavior. For purposes of this paragraph, "assault" has the
meaning given it in section 609.02, subdivision 10. The removal shall be for a period of
time deemed appropriate by the principal, in consultation with the teacher;
(t) a prohibition on the use of exclusionary practices for early learners as defined in
section 121A.425; and
(u) a prohibition on the use of exclusionary practices to address attendance and truancy
issues.
Sec. 5.
Minnesota Statutes 2024, section 128C.02, subdivision 5, is amended to read:
Subd. 5.
Rules for open enrollees.
(a) The league shall adopt league rules and regulations
governing the athletic participation of pupils attending school in a nonresident district under
section 124D.03.
(b) Notwithstanding other law or league rule or regulation to the contrary, when a student
enrolls in or is readmitted to a recovery-focused high school after successfully completing
a licensed program for treatment of alcohol or substance abusedeleted text begin ,deleted text end new text begin ornew text end mental illness, deleted text begin or emotional
disturbance,deleted text end the student is immediately eligible to participate on the same basis as other
district students in the league-sponsored activities of the student's resident school district.
Nothing in this paragraph prohibits the league or school district from enforcing a league or
district penalty resulting from the student violating a league or district rule.
(c) The league shall adopt league rules making a student with an individualized education
program who transfers from one public school to another public school as a reasonable
accommodation to reduce barriers to educational access immediately eligible to participate
in league-sponsored varsity competition on the same basis as other students in the school
to which the student transfers. The league also must establish guidelines, consistent with
this paragraph, for reviewing the 504 plan of a student who transfers between public schools
to determine whether the student is immediately eligible to participate in league-sponsored
varsity competition on the same basis as other students in the school to which the student
transfers.
Sec. 6.
Minnesota Statutes 2024, section 142G.02, subdivision 56, is amended to read:
Subd. 56.
Learning disabled.
"Learning disabled," for purposes of an extension to the
60-month time limit under section 142G.42, subdivision 4, clause (3), means the person has
a disorder in one or more of the psychological processes involved in perceiving,
understanding, or using concepts through verbal language or nonverbal means. Learning
disabled does not include learning problems that are primarily the result of visual, hearing,
or motor disabilities; developmental disability; deleted text begin emotional disturbance;deleted text end new text begin or mental illnessnew text end or
due to environmental, cultural, or economic disadvantage.
Sec. 7.
Minnesota Statutes 2024, section 142G.27, subdivision 4, is amended to read:
Subd. 4.
Good cause exemptions for not attending orientation.
(a) The county agency
shall not impose the sanction under section 142G.70 if it determines that the participant has
good cause for failing to attend orientation. Good cause exists when:
(1) appropriate child care is not available;
(2) the participant is ill or injured;
(3) a family member is ill and needs care by the participant that prevents the participant
from attending orientation. For a caregiver with a child or adult in the household who meets
the disability or medical criteria for home care services under section 256B.0659, or a home
and community-based waiver services program under chapter 256B, or meets the criteria
for deleted text begin severe emotional disturbancedeleted text end new text begin serious mental illnessnew text end under section 245.4871, subdivision
6, or for serious and persistent mental illness under section 245.462, subdivision 20,
paragraph (c), good cause also exists when an interruption in the provision of those services
occurs which prevents the participant from attending orientation;
(4) the caregiver is unable to secure necessary transportation;
(5) the caregiver is in an emergency situation that prevents orientation attendance;
(6) the orientation conflicts with the caregiver's work, training, or school schedule; or
(7) the caregiver documents other verifiable impediments to orientation attendance
beyond the caregiver's control.
(b) Counties must work with clients to provide child care and transportation necessary
to ensure a caregiver has every opportunity to attend orientation.
Sec. 8.
Minnesota Statutes 2024, section 142G.42, subdivision 3, is amended to read:
Subd. 3.
Ill or incapacitated.
(a) An assistance unit subject to the time limit in section
142G.40, subdivision 1, is eligible to receive months of assistance under a hardship extension
if the participant who reached the time limit belongs to any of the following groups:
(1) participants who are suffering from an illness, injury, or incapacity which has been
certified by a qualified professional when the illness, injury, or incapacity is expected to
continue for more than 30 days and severely limits the person's ability to obtain or maintain
suitable employment. These participants must follow the treatment recommendations of the
qualified professional certifying the illness, injury, or incapacity;
(2) participants whose presence in the home is required as a caregiver because of the
illness, injury, or incapacity of another member in the assistance unit, a relative in the
household, or a foster child in the household when the illness or incapacity and the need
for a person to provide assistance in the home has been certified by a qualified professional
and is expected to continue for more than 30 days; or
(3) caregivers with a child or an adult in the household who meets the disability or
medical criteria for home care services under section 256B.0651, subdivision 1, paragraph
(c), or a home and community-based waiver services program under chapter 256B, or meets
the criteria for deleted text begin severe emotional disturbancedeleted text end new text begin serious mental illnessnew text end under section 245.4871,
subdivision 6, or for serious and persistent mental illness under section 245.462, subdivision
20, paragraph (c). Caregivers in this category are presumed to be prevented from obtaining
or maintaining suitable employment.
(b) An assistance unit receiving assistance under a hardship extension under this
subdivision may continue to receive assistance as long as the participant meets the criteria
in paragraph (a), clause (1), (2), or (3).
Sec. 9.
Minnesota Statutes 2024, section 245.462, subdivision 4, is amended to read:
Subd. 4.
Case management service provider.
(a) "Case management service provider"
means a case manager or case manager associate employed by the county or other entity
authorized by the county board to provide case management services specified in section
245.4711.
(b) A case manager must:
(1) be skilled in the process of identifying and assessing a wide range of client needs;
(2) be knowledgeable about local community resources and how to use those resources
for the benefit of the client;
(3) be a mental health practitioner as defined in section 245I.04, subdivision 4, or have
a bachelor's degree in one of the behavioral sciences or related fields including, but not
limited to, social work, psychology, or nursing from an accredited college or university. A
case manager who is not a mental health practitioner and who does not have a bachelor's
degree in one of the behavioral sciences or related fields must meet the requirements of
paragraph (c); and
(4) meet the supervision and continuing education requirements described in paragraphs
(d), (e), and (f), as applicable.
(c) Case managers without a bachelor's degree must meet one of the requirements in
clauses (1) to (3):
(1) have three or four years of experience as a case manager associate as defined in this
section;
(2) be a registered nurse without a bachelor's degree and have a combination of
specialized training in psychiatry and work experience consisting of community interaction
and involvement or community discharge planning in a mental health setting totaling three
years; or
(3) be a person who qualified as a case manager under the 1998 Department of Human
Service waiver provision and meet the continuing education and mentoring requirements
in this section.
(d) A case manager with at least 2,000 hours of supervised experience in the delivery
of services to adults with mental illness must receive regular ongoing supervision and clinical
supervision totaling 38 hours per year of which at least one hour per month must be clinical
supervision regarding individual service delivery with a case management supervisor. The
remaining 26 hours of supervision may be provided by a case manager with two years of
experience. Group supervision may not constitute more than one-half of the required
supervision hours. Clinical supervision must be documented in the client record.
(e) A case manager without 2,000 hours of supervised experience in the delivery of
services to adults with mental illness must:
(1) receive clinical supervision regarding individual service delivery from a mental
health professional at least one hour per week until the requirement of 2,000 hours of
experience is met; and
(2) complete 40 hours of training approved by the commissioner in case management
skills and the characteristics and needs of adults with serious and persistent mental illness.
(f) A case manager who is not licensed, registered, or certified by a health-related
licensing board must receive 30 hours of continuing education and training in mental illness
and mental health services every two years.
(g) A case manager associate (CMA) must:
(1) work under the direction of a case manager or case management supervisor;
(2) be at least 21 years of age;
(3) have at least a high school diploma or its equivalent; and
(4) meet one of the following criteria:
(i) have an associate of arts degree in one of the behavioral sciences or human services;
(ii) be a certified peer specialist under section 256B.0615;
(iii) be a registered nurse without a bachelor's degree;
(iv) within the previous ten years, have three years of life experience with serious and
persistent mental illness as defined in subdivision 20; deleted text begin ordeleted text end as a child had deleted text begin severe emotional
disturbancedeleted text end new text begin a serious mental illnessnew text end as defined in section 245.4871, subdivision 6; or have
three years life experience as a primary caregiver to an adult with serious and persistent
mental illness within the previous ten years;
(v) have 6,000 hours work experience as a nondegreed state hospital technician; or
(vi) have at least 6,000 hours of supervised experience in the delivery of services to
persons with mental illness.
Individuals meeting one of the criteria in items (i) to (v) may qualify as a case manager
after four years of supervised work experience as a case manager associate. Individuals
meeting the criteria in item (vi) may qualify as a case manager after three years of supervised
experience as a case manager associate.
(h) A case management associate must meet the following supervision, mentoring, and
continuing education requirements:
(1) have 40 hours of preservice training described under paragraph (e), clause (2);
(2) receive at least 40 hours of continuing education in mental illness and mental health
services annually; and
(3) receive at least five hours of mentoring per week from a case management mentor.
A "case management mentor" means a qualified, practicing case manager or case management
supervisor who teaches or advises and provides intensive training and clinical supervision
to one or more case manager associates. Mentoring may occur while providing direct services
to consumers in the office or in the field and may be provided to individuals or groups of
case manager associates. At least two mentoring hours per week must be individual and
face-to-face.
(i) A case management supervisor must meet the criteria for mental health professionals,
as specified in subdivision 18.
(j) An immigrant who does not have the qualifications specified in this subdivision may
provide case management services to adult immigrants with serious and persistent mental
illness who are members of the same ethnic group as the case manager if the person:
(1) is currently enrolled in and is actively pursuing credits toward the completion of a
bachelor's degree in one of the behavioral sciences or a related field including, but not
limited to, social work, psychology, or nursing from an accredited college or university;
(2) completes 40 hours of training as specified in this subdivision; and
(3) receives clinical supervision at least once a week until the requirements of this
subdivision are met.
Sec. 10.
Minnesota Statutes 2024, section 245.4682, subdivision 3, is amended to read:
Subd. 3.
Projects for coordination of care.
(a) Consistent with section 256B.69 and
chapter 256L, the commissioner is authorized to solicit, approve, and implement up to three
projects to demonstrate the integration of physical and mental health services within prepaid
health plans and their coordination with social services. The commissioner shall require
that each project be based on locally defined partnerships that include at least one health
maintenance organization, community integrated service network, or accountable provider
network authorized and operating under chapter 62D, 62N, or 62T, or county-based
purchasing entity under section 256B.692 that is eligible to contract with the commissioner
as a prepaid health plan, and the county or counties within the service area. Counties shall
retain responsibility and authority for social services in these locally defined partnerships.
(b) The commissioner, in consultation with consumers, families, and their representatives,
shall:
(1) determine criteria for approving the projects and use those criteria to solicit proposals
for preferred integrated networks. The commissioner must develop criteria to evaluate the
partnership proposed by the county and prepaid health plan to coordinate access and delivery
of services. The proposal must at a minimum address how the partnership will coordinate
the provision of:
(i) client outreach and identification of health and social service needs paired with
expedited access to appropriate resources;
(ii) activities to maintain continuity of health care coverage;
(iii) children's residential mental health treatment and treatment foster care;
(iv) court-ordered assessments and treatments;
(v) prepetition screening and commitments under chapter 253B;
(vi) assessment and treatment of children identified through mental health screening of
child welfare and juvenile corrections cases;
(vii) home and community-based waiver services;
(viii) assistance with finding and maintaining employment;
(ix) housing; and
(x) transportation;
(2) determine specifications for contracts with prepaid health plans to improve the plan's
ability to serve persons with mental health conditions, including specifications addressing:
(i) early identification and intervention of physical and behavioral health problems;
(ii) communication between the enrollee and the health plan;
(iii) facilitation of enrollment for persons who are also eligible for a Medicare special
needs plan offered by the health plan;
(iv) risk screening procedures;
(v) health care coordination;
(vi) member services and access to applicable protections and appeal processes;
(vii) specialty provider networks;
(viii) transportation services;
(ix) treatment planning; and
(x) administrative simplification for providers;
(3) begin implementation of the projects no earlier than January 1, 2009, with not more
than 40 percent of the statewide population included during calendar year 2009 and additional
counties included in subsequent years;
(4) waive any administrative rule not consistent with the implementation of the projects;
(5) allow potential bidders at least 90 days to respond to the request for proposals; and
(6) conduct an independent evaluation to determine if mental health outcomes have
improved in that county or counties according to measurable standards designed in
consultation with the advisory body established under this subdivision and reviewed by the
State Advisory Council on Mental Health.
(c) Notwithstanding any statute or administrative rule to the contrary, the commissioner
may enroll all persons eligible for medical assistance with serious mental illness deleted text begin or emotional
disturbancedeleted text end in the prepaid plan of their choice within the project service area unless:
(1) the individual is eligible for home and community-based services for persons with
developmental disabilities and related conditions under section 256B.092; or
(2) the individual has a basis for exclusion from the prepaid plan under section 256B.69,
subdivision 4, other than disability,new text begin ornew text end mental illnessdeleted text begin , or emotional disturbancedeleted text end .
(d) The commissioner shall involve organizations representing persons with mental
illness and their families in the development and distribution of information used to educate
potential enrollees regarding their options for health care and mental health service delivery
under this subdivision.
(e) If the person described in paragraph (c) does not elect to remain in fee-for-service
medical assistance, or declines to choose a plan, the commissioner may preferentially assign
that person to the prepaid plan participating in the preferred integrated network. The
commissioner shall implement the enrollment changes within a project's service area on the
timeline specified in that project's approved application.
(f) A person enrolled in a prepaid health plan under paragraphs (c) and (d) may disenroll
from the plan at any time.
(g) The commissioner, in consultation with consumers, families, and their representatives,
shall evaluate the projects begun in 2009, and shall refine the design of the service integration
projects before expanding the projects. The commissioner shall report to the chairs of the
legislative committees with jurisdiction over mental health services by March 1, 2008, on
plans for evaluation of preferred integrated networks established under this subdivision.
(h) The commissioner shall apply for any federal waivers necessary to implement these
changes.
(i) Payment for Medicaid service providers under this subdivision for the months of
May and June will be made no earlier than July 1 of the same calendar year.
Sec. 11.
Minnesota Statutes 2024, section 245.4835, subdivision 2, is amended to read:
Subd. 2.
Failure to maintain expenditures.
(a) If a county does not comply with
subdivision 1, the commissioner shall require the county to develop a corrective action plan
according to a format and timeline established by the commissioner. If the commissioner
determines that a county has not developed an acceptable corrective action plan within the
required timeline, or that the county is not in compliance with an approved corrective action
plan, the protections provided to that county under section 245.485 do not apply.
(b) The commissioner shall consider the following factors to determine whether to
approve a county's corrective action plan:
(1) the degree to which a county is maximizing revenues for mental health services from
noncounty sources;
(2) the degree to which a county is expanding use of alternative services that meet mental
health needs, but do not count as mental health services within existing reporting systems.
If approved by the commissioner, the alternative services must be included in the county's
base as well as subsequent years. The commissioner's approval for alternative services must
be based on the following criteria:
(i) the service must be provided to children deleted text begin with emotional disturbancedeleted text end or adults with
mental illness;
(ii) the services must be based on an individual treatment plan or individual community
support plan as defined in the Comprehensive Mental Health Act; and
(iii) the services must be supervised by a mental health professional and provided by
staff who meet the staff qualifications defined in sections 256B.0943, subdivision 7, and
256B.0623, subdivision 5.
(c) Additional county expenditures to make up for the prior year's underspending may
be spread out over a two-year period.
Sec. 12.
Minnesota Statutes 2024, section 245.4863, is amended to read:
245.4863 INTEGRATED CO-OCCURRING DISORDER TREATMENT.
(a) The commissioner shall require individuals who perform substance use disorder
assessments to screen clients for co-occurring mental health disorders, and staff who perform
mental health diagnostic assessments to screen for co-occurring substance use disorders.
Screening tools must be approved by the commissioner. If a client screens positive for a
co-occurring mental health or substance use disorder, the individual performing the screening
must document what actions will be taken in response to the results and whether further
assessments must be performed.
(b) Notwithstanding paragraph (a), screening is not required when:
(1) the presence of co-occurring disorders was documented for the client in the past 12
months;
(2) the client is currently receiving co-occurring disorders treatment;
(3) the client is being referred for co-occurring disorders treatment; or
(4) a mental health professional who is competent to perform diagnostic assessments of
co-occurring disorders is performing a diagnostic assessment to identify whether the client
may have co-occurring mental health and substance use disorders. If an individual is
identified to have co-occurring mental health and substance use disorders, the assessing
mental health professional must document what actions will be taken to address the client's
co-occurring disorders.
(c) The commissioner shall adopt rules as necessary to implement this section. The
commissioner shall ensure that the rules are effective on July 1, 2013, thereby establishing
a certification process for integrated dual disorder treatment providers and a system through
which individuals receive integrated dual diagnosis treatment if assessed as having both a
substance use disorder and deleted text begin eitherdeleted text end a serious mental illness deleted text begin or emotional disturbancedeleted text end .
(d) The commissioner shall apply for any federal waivers necessary to secure, to the
extent allowed by law, federal financial participation for the provision of integrated dual
diagnosis treatment to persons with co-occurring disorders.
Sec. 13.
Minnesota Statutes 2024, section 245.487, subdivision 2, is amended to read:
Subd. 2.
Findings.
The legislature finds there is a need for further development of
existing clinical services for deleted text begin emotionally disturbeddeleted text end childrennew text begin with mental illnessnew text end and their
families and the creation of new services for this population. Although the services specified
in sections 245.487 to 245.4889 are mental health services, sections 245.487 to 245.4889
emphasize the need for a child-oriented and family-oriented approach of therapeutic
programming and the need for continuity of care with other community agencies. At the
same time, sections 245.487 to 245.4889 emphasize the importance of developing special
mental health expertise in children's mental health services because of the unique needs of
this population.
Nothing in sections 245.487 to 245.4889 shall be construed to abridge the authority of
the court to make dispositions under chapter 260, but the mental health services due any
child with serious and persistent mental illness, as defined in section 245.462, subdivision
20, or with deleted text begin severe emotional disturbancedeleted text end new text begin a serious mental illnessnew text end , as defined in section
245.4871, subdivision 6, shall be made a part of any disposition affecting that child.
Sec. 14.
Minnesota Statutes 2024, section 245.4871, subdivision 3, is amended to read:
Subd. 3.
Case management services.
"Case management services" means activities
that are coordinated with the family community support services and are designed to help
the child with deleted text begin severe emotional disturbancedeleted text end new text begin serious mental illnessnew text end and the child's family
obtain needed mental health services, social services, educational services, health services,
vocational services, recreational services, and related services in the areas of volunteer
services, advocacy, transportation, and legal services. Case management services include
assisting in obtaining a comprehensive diagnostic assessment, developing an individual
family community support plan, and assisting the child and the child's family in obtaining
needed services by coordination with other agencies and assuring continuity of care. Case
managers must assess and reassess the delivery, appropriateness, and effectiveness of services
over time.
Sec. 15.
Minnesota Statutes 2024, section 245.4871, subdivision 4, is amended to read:
Subd. 4.
Case management service provider.
(a) "Case management service provider"
means a case manager or case manager associate employed by the county or other entity
authorized by the county board to provide case management services specified in subdivision
3 for the child with deleted text begin severe emotional disturbancedeleted text end new text begin serious mental illnessnew text end and the child's
family.
(b) A case manager must:
(1) have experience and training in working with children;
(2) have at least a bachelor's degree in one of the behavioral sciences or a related field
including, but not limited to, social work, psychology, or nursing from an accredited college
or university or meet the requirements of paragraph (d);
(3) have experience and training in identifying and assessing a wide range of children's
needs;
(4) be knowledgeable about local community resources and how to use those resources
for the benefit of children and their families; and
(5) meet the supervision and continuing education requirements of paragraphs (e), (f),
and (g), as applicable.
(c) A case manager may be a member of any professional discipline that is part of the
local system of care for children established by the county board.
(d) A case manager without a bachelor's degree must meet one of the requirements in
clauses (1) to (3):
(1) have three or four years of experience as a case manager associate;
(2) be a registered nurse without a bachelor's degree who has a combination of specialized
training in psychiatry and work experience consisting of community interaction and
involvement or community discharge planning in a mental health setting totaling three years;
or
(3) be a person who qualified as a case manager under the 1998 Department of Human
Services waiver provision and meets the continuing education, supervision, and mentoring
requirements in this section.
(e) A case manager with at least 2,000 hours of supervised experience in the delivery
of mental health services to children must receive regular ongoing supervision and clinical
supervision totaling 38 hours per year, of which at least one hour per month must be clinical
supervision regarding individual service delivery with a case management supervisor. The
other 26 hours of supervision may be provided by a case manager with two years of
experience. Group supervision may not constitute more than one-half of the required
supervision hours.
(f) A case manager without 2,000 hours of supervised experience in the delivery of
mental health services to children with deleted text begin emotional disturbancedeleted text end new text begin mental illnessnew text end must:
(1) begin 40 hours of training approved by the commissioner of human services in case
management skills and in the characteristics and needs of children with deleted text begin severe emotional
disturbancedeleted text end new text begin serious mental illnessnew text end before beginning to provide case management services;
and
(2) receive clinical supervision regarding individual service delivery from a mental
health professional at least one hour each week until the requirement of 2,000 hours of
experience is met.
(g) A case manager who is not licensed, registered, or certified by a health-related
licensing board must receive 30 hours of continuing education and training in deleted text begin severe
emotional disturbancedeleted text end new text begin serious mental illnessnew text end and mental health services every two years.
(h) Clinical supervision must be documented in the child's record. When the case manager
is not a mental health professional, the county board must provide or contract for needed
clinical supervision.
(i) The county board must ensure that the case manager has the freedom to access and
coordinate the services within the local system of care that are needed by the child.
(j) A case manager associate (CMA) must:
(1) work under the direction of a case manager or case management supervisor;
(2) be at least 21 years of age;
(3) have at least a high school diploma or its equivalent; and
(4) meet one of the following criteria:
(i) have an associate of arts degree in one of the behavioral sciences or human services;
(ii) be a registered nurse without a bachelor's degree;
(iii) have three years of life experience as a primary caregiver to a child with serious
deleted text begin emotional disturbancedeleted text end new text begin mental illnessnew text end as defined in subdivision 6 within the previous ten
years;
(iv) have 6,000 hours work experience as a nondegreed state hospital technician; or
(v) have 6,000 hours of supervised work experience in the delivery of mental health
services to children with deleted text begin emotional disturbancesdeleted text end new text begin mental illnessnew text end ; hours worked as a mental
health behavioral aide I or II under section 256B.0943, subdivision 7, may count toward
the 6,000 hours of supervised work experience.
Individuals meeting one of the criteria in items (i) to (iv) may qualify as a case manager
after four years of supervised work experience as a case manager associate. Individuals
meeting the criteria in item (v) may qualify as a case manager after three years of supervised
experience as a case manager associate.
(k) Case manager associates must meet the following supervision, mentoring, and
continuing education requirements;
(1) have 40 hours of preservice training described under paragraph (f), clause (1);
(2) receive at least 40 hours of continuing education in deleted text begin severe emotional disturbancedeleted text end new text begin
serious mental illnessnew text end and mental health service annually; and
(3) receive at least five hours of mentoring per week from a case management mentor.
A "case management mentor" means a qualified, practicing case manager or case management
supervisor who teaches or advises and provides intensive training and clinical supervision
to one or more case manager associates. Mentoring may occur while providing direct services
to consumers in the office or in the field and may be provided to individuals or groups of
case manager associates. At least two mentoring hours per week must be individual and
face-to-face.
(l) A case management supervisor must meet the criteria for a mental health professional
as specified in subdivision 27.
(m) An immigrant who does not have the qualifications specified in this subdivision
may provide case management services to child immigrants with deleted text begin severe emotional
disturbancedeleted text end new text begin serious mental illnessnew text end of the same ethnic group as the immigrant if the person:
(1) is currently enrolled in and is actively pursuing credits toward the completion of a
bachelor's degree in one of the behavioral sciences or related fields at an accredited college
or university;
(2) completes 40 hours of training as specified in this subdivision; and
(3) receives clinical supervision at least once a week until the requirements of obtaining
a bachelor's degree and 2,000 hours of supervised experience are met.
Sec. 16.
Minnesota Statutes 2024, section 245.4871, subdivision 6, is amended to read:
Subd. 6.
Child with deleted text begin severe emotional disturbancedeleted text end new text begin serious mental illnessnew text end .
For purposes
of eligibility for case management and family community support services, "child with
deleted text begin severe emotional disturbancedeleted text end new text begin serious mental illnessnew text end " means a child who has deleted text begin an emotional
disturbancedeleted text end new text begin a mental illnessnew text end and who meets one of the following criteria:
(1) the child has been admitted within the last three years or is at risk of being admitted
to inpatient treatment or residential treatment for deleted text begin an emotional disturbancedeleted text end new text begin a mental illnessnew text end ;
or
(2) the child is a Minnesota resident and is receiving inpatient treatment or residential
treatment for deleted text begin an emotional disturbancedeleted text end new text begin a mental illnessnew text end through the interstate compact; or
(3) the child has one of the following as determined by a mental health professional:
(i) psychosis or a clinical depression; or
(ii) risk of harming self or others as a result of deleted text begin an emotional disturbancedeleted text end new text begin a mental illnessnew text end ;
or
(iii) psychopathological symptoms as a result of being a victim of physical or sexual
abuse or of psychic trauma within the past year; or
(4) the child, as a result of deleted text begin an emotional disturbancedeleted text end new text begin a mental illnessnew text end , has significantly
impaired home, school, or community functioning that has lasted at least one year or that,
in the written opinion of a mental health professional, presents substantial risk of lasting at
least one year.
Sec. 17.
Minnesota Statutes 2024, section 245.4871, subdivision 13, is amended to read:
Subd. 13.
Education and prevention services.
(a) "Education and prevention services"
means services designed to:
(1) educate the general public;
(2) increase the understanding and acceptance of problems associated with deleted text begin emotional
disturbancesdeleted text end new text begin children's mental illnessesnew text end ;
(3) improve people's skills in dealing with high-risk situations known to affect children's
mental health and functioning; and
(4) refer specific children or their families with mental health needs to mental health
services.
(b) The services include distribution to individuals and agencies identified by the county
board and the local children's mental health advisory council of information on predictors
and symptoms of deleted text begin emotional disturbancesdeleted text end new text begin mental illnessesnew text end , where mental health services are
available in the county, and how to access the services.
Sec. 18.
Minnesota Statutes 2024, section 245.4871, subdivision 15, is amended to read:
Subd. 15.
deleted text begin Emotional disturbancedeleted text end new text begin Mental illnessnew text end .
deleted text begin "Emotional disturbance"deleted text end new text begin "Mental
illness"new text end means an organic disorder of the brain or a clinically significant disorder of thought,
mood, perception, orientation, memory, or behavior that:
(1) is detailed in a diagnostic codes list published by the commissioner; and
(2) seriously limits a child's capacity to function in primary aspects of daily living such
as personal relations, living arrangements, work, school, and recreation.
deleted text begin "Emotional disturbance"deleted text end new text begin Mental illnessnew text end is a generic term and is intended to reflect all
categories of disorder described in the clinical code list published by the commissioner as
"usually first evident in childhood or adolescence."
Sec. 19.
Minnesota Statutes 2024, section 245.4871, subdivision 17, is amended to read:
Subd. 17.
Family community support services.
"Family community support services"
means services provided under the treatment supervision of a mental health professional
and designed to help each child with deleted text begin severe emotional disturbancedeleted text end new text begin serious mental illnessnew text end to
function and remain with the child's family in the community. Family community support
services do not include acute care hospital inpatient treatment, residential treatment services,
or regional treatment center services. Family community support services include:
(1) client outreach to each child with deleted text begin severe emotional disturbancedeleted text end new text begin serious mental illnessnew text end
and the child's family;
(2) medication monitoring where necessary;
(3) assistance in developing independent living skills;
(4) assistance in developing parenting skills necessary to address the needs of the child
with deleted text begin severe emotional disturbancedeleted text end new text begin serious mental illnessnew text end ;
(5) assistance with leisure and recreational activities;
(6) crisis planning, including crisis placement and respite care;
(7) professional home-based family treatment;
(8) foster care with therapeutic supports;
(9) day treatment;
(10) assistance in locating respite care and special needs day care; and
(11) assistance in obtaining potential financial resources, including those benefits listed
in section 245.4884, subdivision 5.
Sec. 20.
Minnesota Statutes 2024, section 245.4871, subdivision 19, is amended to read:
Subd. 19.
Individual family community support plan.
"Individual family community
support plan" means a written plan developed by a case manager in conjunction with the
family and the child with deleted text begin severe emotional disturbancedeleted text end new text begin serious mental illnessnew text end on the basis
of a diagnostic assessment and a functional assessment. The plan identifies specific services
needed by a child and the child's family to:
(1) treat the symptoms and dysfunctions determined in the diagnostic assessment;
(2) relieve conditions leading to deleted text begin emotional disturbancedeleted text end new text begin mental illnessnew text end and improve the
personal well-being of the child;
(3) improve family functioning;
(4) enhance daily living skills;
(5) improve functioning in education and recreation settings;
(6) improve interpersonal and family relationships;
(7) enhance vocational development; and
(8) assist in obtaining transportation, housing, health services, and employment.
Sec. 21.
Minnesota Statutes 2024, section 245.4871, subdivision 21, is amended to read:
Subd. 21.
Individual treatment plan.
(a) "Individual treatment plan" means the
formulation of planned services that are responsive to the needs and goals of a client. An
individual treatment plan must be completed according to section 245I.10, subdivisions 7
and 8.
(b) A children's residential facility licensed under Minnesota Rules, chapter 2960, is
exempt from the requirements of section 245I.10, subdivisions 7 and 8. Instead, the individual
treatment plan must:
(1) include a written plan of intervention, treatment, and services for a child with deleted text begin an
emotional disturbancedeleted text end new text begin a mental illnessnew text end that the service provider develops under the clinical
supervision of a mental health professional on the basis of a diagnostic assessment;
(2) be developed in conjunction with the family unless clinically inappropriate; and
(3) identify goals and objectives of treatment, treatment strategy, a schedule for
accomplishing treatment goals and objectives, and the individuals responsible for providing
treatment to the child with deleted text begin an emotional disturbancedeleted text end new text begin a mental illnessnew text end .
Sec. 22.
Minnesota Statutes 2024, section 245.4871, subdivision 22, is amended to read:
Subd. 22.
Legal representative.
"Legal representative" means a guardian, conservator,
or guardian ad litem of a child with deleted text begin an emotional disturbancedeleted text end new text begin a mental illnessnew text end authorized
by the court to make decisions about mental health services for the child.
Sec. 23.
Minnesota Statutes 2024, section 245.4871, subdivision 28, is amended to read:
Subd. 28.
Mental health services.
"Mental health services" means at least all of the
treatment services and case management activities that are provided to children with
deleted text begin emotional disturbancesdeleted text end new text begin mental illnessesnew text end and are described in sections 245.487 to 245.4889.
Sec. 24.
Minnesota Statutes 2024, section 245.4871, subdivision 29, is amended to read:
Subd. 29.
Outpatient services.
"Outpatient services" means mental health services,
excluding day treatment and community support services programs, provided by or under
the treatment supervision of a mental health professional to children with deleted text begin emotional
disturbancesdeleted text end new text begin mental illnessesnew text end who live outside a hospital. Outpatient services include clinical
activities such as individual, group, and family therapy; individual treatment planning;
diagnostic assessments; medication management; and psychological testing.
Sec. 25.
Minnesota Statutes 2024, section 245.4871, subdivision 32, is amended to read:
Subd. 32.
Residential treatment.
"Residential treatment" means a 24-hour-a-day program
under the treatment supervision of a mental health professional, in a community residential
setting other than an acute care hospital or regional treatment center inpatient unit, that must
be licensed as a residential treatment program for children with deleted text begin emotional disturbancesdeleted text end new text begin
mental illnessesnew text end under Minnesota Rules, parts 2960.0580 to 2960.0700, or other rules adopted
by the commissioner.
Sec. 26.
Minnesota Statutes 2024, section 245.4871, subdivision 34, is amended to read:
Subd. 34.
Therapeutic support of foster care.
"Therapeutic support of foster care"
means the mental health training and mental health support services and treatment supervision
provided by a mental health professional to foster families caring for children with deleted text begin severe
emotional disturbancedeleted text end new text begin serious mental illnessesnew text end to provide a therapeutic family environment
and support for the child's improved functioning. Therapeutic support of foster care includes
services provided under section 256B.0946.
Sec. 27.
Minnesota Statutes 2024, section 245.4873, subdivision 2, is amended to read:
Subd. 2.
State level; coordination.
The Children's Cabinet, under section 4.045, in
consultation with a representative of the Minnesota District Judges Association Juvenile
Committee, shall:
(1) educate each agency about the policies, procedures, funding, and services for children
with deleted text begin emotional disturbancesdeleted text end new text begin mental illnessesnew text end of all agencies represented;
(2) develop mechanisms for interagency coordination on behalf of children with deleted text begin emotional
disturbancesdeleted text end new text begin mental illnessesnew text end ;
(3) identify barriers including policies and procedures within all agencies represented
that interfere with delivery of mental health services for children;
(4) recommend policy and procedural changes needed to improve development and
delivery of mental health services for children in the agency or agencies they represent; and
(5) identify mechanisms for better use of federal and state funding in the delivery of
mental health services for children.
Sec. 28.
Minnesota Statutes 2024, section 245.4875, subdivision 5, is amended to read:
Subd. 5.
Local children's advisory council.
(a) By October 1, 1989, the county board,
individually or in conjunction with other county boards, shall establish a local children's
mental health advisory council or children's mental health subcommittee of the existing
local mental health advisory council or shall include persons on its existing mental health
advisory council who are representatives of children's mental health interests. The following
individuals must serve on the local children's mental health advisory council, the children's
mental health subcommittee of an existing local mental health advisory council, or be
included on an existing mental health advisory council: (1) at least one person who was in
a mental health program as a child or adolescent; (2) at least one parent of a child or
adolescent with deleted text begin severe emotional disturbancedeleted text end new text begin serious mental illnessnew text end ; (3) one children's
mental health professional; (4) representatives of minority populations of significant size
residing in the county; (5) a representative of the children's mental health local coordinating
council; and (6) one family community support services program representative.
(b) The local children's mental health advisory council or children's mental health
subcommittee of an existing advisory council shall seek input from parents, former
consumers, providers, and others about the needs of children with deleted text begin emotional disturbancedeleted text end new text begin
mental illnessnew text end in the local area and services needed by families of these children, and shall
meet monthly, unless otherwise determined by the council or subcommittee, but not less
than quarterly, to review, evaluate, and make recommendations regarding the local children's
mental health system. Annually, the local children's mental health advisory council or
children's mental health subcommittee of the existing local mental health advisory council
shall:
(1) arrange for input from the local system of care providers regarding coordination of
care between the services;
(2) identify for the county board the individuals, providers, agencies, and associations
as specified in section 245.4877, clause (2); and
(3) provide to the county board a report of unmet mental health needs of children residing
in the county.
(c) The county board shall consider the advice of its local children's mental health
advisory council or children's mental health subcommittee of the existing local mental health
advisory council in carrying out its authorities and responsibilities.
Sec. 29.
Minnesota Statutes 2024, section 245.4876, subdivision 4, is amended to read:
Subd. 4.
Referral for case management.
Each provider of emergency services, outpatient
treatment, community support services, family community support services, day treatment
services, screening under section 245.4885, professional home-based family treatment
services, residential treatment facilities, acute care hospital inpatient treatment facilities, or
regional treatment center services must inform each child with deleted text begin severe emotional disturbancedeleted text end new text begin
serious mental illnessnew text end , and the child's parent or legal representative, of the availability and
potential benefits to the child of case management. The information shall be provided as
specified in subdivision 5. If consent is obtained according to subdivision 5, the provider
must refer the child by notifying the county employee designated by the county board to
coordinate case management activities of the child's name and address and by informing
the child's family of whom to contact to request case management. The provider must
document compliance with this subdivision in the child's record. The parent or child may
directly request case management even if there has been no referral.
Sec. 30.
Minnesota Statutes 2024, section 245.4876, subdivision 5, is amended to read:
Subd. 5.
Consent for services or for release of information.
(a) Although sections
245.487 to 245.4889 require each county board, within the limits of available resources, to
make the mental health services listed in those sections available to each child residing in
the county who needs them, the county board shall not provide any services, either directly
or by contract, unless consent to the services is obtained under this subdivision. The case
manager assigned to a child with a deleted text begin severe emotional disturbancedeleted text end new text begin serious mental illnessnew text end shall
not disclose to any person other than the case manager's immediate supervisor and the mental
health professional providing clinical supervision of the case manager information on the
child, the child's family, or services provided to the child or the child's family without
informed written consent unless required to do so by statute or under the Minnesota
Government Data Practices Act. Informed written consent must comply with section 13.05,
subdivision 4, paragraph (d), and specify the purpose and use for which the case manager
may disclose the information.
(b) The consent or authorization must be obtained from the child's parent unless: (1) the
parental rights are terminated; or (2) consent is otherwise provided under sections 144.341
to 144.347; 253B.04, subdivision 1; 260C.148; 260C.151; and 260C.201, subdivision 1,
the terms of appointment of a court-appointed guardian or conservator, or federal regulations
governing substance use disorder services.
Sec. 31.
Minnesota Statutes 2024, section 245.4877, is amended to read:
245.4877 EDUCATION AND PREVENTION SERVICES.
Education and prevention services must be available to all children residing in the county.
Education and prevention services must be designed to:
(1) convey information regarding deleted text begin emotional disturbancesdeleted text end new text begin mental illnessesnew text end , mental health
needs, and treatment resources to the general public;
(2) at least annually, distribute to individuals and agencies identified by the county board
and the local children's mental health advisory council information on predictors and
symptoms of deleted text begin emotional disturbancesdeleted text end new text begin mental illnessesnew text end , where mental health services are
available in the county, and how to access the services;
(3) increase understanding and acceptance of problems associated with deleted text begin emotional
disturbancesdeleted text end new text begin mental illnessesnew text end ;
(4) improve people's skills in dealing with high-risk situations known to affect children's
mental health and functioning;
(5) prevent development or deepening of deleted text begin emotional disturbancesdeleted text end new text begin mental illnessesnew text end ; and
(6) refer each child with deleted text begin emotional disturbancedeleted text end new text begin mental illnessnew text end or the child's family with
additional mental health needs to appropriate mental health services.
Sec. 32.
Minnesota Statutes 2024, section 245.488, subdivision 1, is amended to read:
Subdivision 1.
Availability of outpatient services.
(a) County boards must provide or
contract for enough outpatient services within the county to meet the needs of each child
with deleted text begin emotional disturbancedeleted text end new text begin mental illnessnew text end residing in the county and the child's family.
Services may be provided directly by the county through county-operated mental health
clinics meeting the standards of chapter 245I; by contract with privately operated mental
health clinics meeting the standards of chapter 245I; by contract with hospital mental health
outpatient programs certified by the Joint Commission on Accreditation of Hospital
Organizations; or by contract with a mental health professional. A child or a child's parent
may be required to pay a fee based in accordance with section 245.481. Outpatient services
include:
(1) conducting diagnostic assessments;
(2) conducting psychological testing;
(3) developing or modifying individual treatment plans;
(4) making referrals and recommending placements as appropriate;
(5) treating the child's mental health needs through therapy; and
(6) prescribing and managing medication and evaluating the effectiveness of prescribed
medication.
(b) County boards may request a waiver allowing outpatient services to be provided in
a nearby trade area if it is determined that the child requires necessary and appropriate
services that are only available outside the county.
(c) Outpatient services offered by the county board to prevent placement must be at the
level of treatment appropriate to the child's diagnostic assessment.
Sec. 33.
Minnesota Statutes 2024, section 245.488, subdivision 3, is amended to read:
Subd. 3.
Mental health crisis services.
County boards must provide or contract for
mental health crisis services within the county to meet the needs of children with deleted text begin emotional
disturbancedeleted text end new text begin mental illnessnew text end residing in the county who are determined, through an assessment
by a mental health professional, to be experiencing a mental health crisis or mental health
emergency. The mental health crisis services provided must be medically necessary, as
defined in section 62Q.53, subdivision 2, and necessary for the safety of the child or others
regardless of the setting.
Sec. 34.
Minnesota Statutes 2024, section 245.4881, subdivision 1, is amended to read:
Subdivision 1.
Availability of case management services.
(a) The county board shall
provide case management services for each child with deleted text begin severe emotional disturbancedeleted text end new text begin serious
mental illnessnew text end who is a resident of the county and the child's family who request or consent
to the services. Case management services must be offered to a child with a serious deleted text begin emotional
disturbancedeleted text end new text begin mental illnessnew text end who is over the age of 18 consistent with section 245.4875,
subdivision 8, or the child's legal representative, provided the child's service needs can be
met within the children's service system. Before discontinuing case management services
under this subdivision for children between the ages of 17 and 21, a transition plan must be
developed. The transition plan must be developed with the child and, with the consent of a
child age 18 or over, the child's parent, guardian, or legal representative. The transition plan
should include plans for health insurance, housing, education, employment, and treatment.
Staffing ratios must be sufficient to serve the needs of the clients. The case manager must
meet the requirements in section 245.4871, subdivision 4.
(b) Except as permitted by law and the commissioner under demonstration projects, case
management services provided to children with deleted text begin severe emotional disturbancedeleted text end new text begin serious mental
illnessnew text end eligible for medical assistance must be billed to the medical assistance program under
sections 256B.02, subdivision 8, and 256B.0625.
(c) Case management services are eligible for reimbursement under the medical assistance
program. Costs of mentoring, supervision, and continuing education may be included in the
reimbursement rate methodology used for case management services under the medical
assistance program.
Sec. 35.
Minnesota Statutes 2024, section 245.4881, subdivision 4, is amended to read:
Subd. 4.
Individual family community support plan.
(a) For each child, the case
manager must develop an individual family community support plan that incorporates the
child's individual treatment plan. The individual treatment plan may not be a substitute for
the development of an individual family community support plan. The case manager is
responsible for developing the individual family community support plan within 30 days
of intake based on a diagnostic assessment and for implementing and monitoring the delivery
of services according to the individual family community support plan. The case manager
must review the plan at least every 180 calendar days after it is developed, unless the case
manager has received a written request from the child's family or an advocate for the child
for a review of the plan every 90 days after it is developed. To the extent appropriate, the
child with deleted text begin severe emotional disturbancedeleted text end new text begin serious mental illnessnew text end , the child's family, advocates,
service providers, and significant others must be involved in all phases of development and
implementation of the individual family community support plan. Notwithstanding the lack
of an individual family community support plan, the case manager shall assist the child and
child's family in accessing the needed services listed in section 245.4884, subdivision 1.
(b) The child's individual family community support plan must state:
(1) the goals and expected outcomes of each service and criteria for evaluating the
effectiveness and appropriateness of the service;
(2) the activities for accomplishing each goal;
(3) a schedule for each activity; and
(4) the frequency of face-to-face contacts by the case manager, as appropriate to client
need and the implementation of the individual family community support plan.
Sec. 36.
Minnesota Statutes 2024, section 245.4882, subdivision 1, is amended to read:
Subdivision 1.
Availability of residential treatment services.
County boards must
provide or contract for enough residential treatment services to meet the needs of each child
with deleted text begin severe emotional disturbancedeleted text end new text begin serious mental illnessnew text end residing in the county and needing
this level of care. Length of stay is based on the child's residential treatment need and shall
be reviewed every 90 days. Services must be appropriate to the child's age and treatment
needs and must be made available as close to the county as possible. Residential treatment
must be designed to:
(1) help the child improve family living and social interaction skills;
(2) help the child gain the necessary skills to return to the community;
(3) stabilize crisis admissions; and
(4) work with families throughout the placement to improve the ability of the families
to care for children with deleted text begin severe emotional disturbancedeleted text end new text begin serious mental illnessnew text end in the home.
Sec. 37.
Minnesota Statutes 2024, section 245.4882, subdivision 5, is amended to read:
Subd. 5.
Specialized residential treatment services.
The commissioner of human
services shall continue efforts to further interagency collaboration to develop a comprehensive
system of services, including family community support and specialized residential treatment
services for children. The services shall be designed for children with deleted text begin emotional disturbancedeleted text end new text begin
mental illnessnew text end who exhibit violent or destructive behavior and for whom local treatment
services are not feasible due to the small number of children statewide who need the services
and the specialized nature of the services required. The services shall be located in community
settings.
Sec. 38.
Minnesota Statutes 2024, section 245.4884, is amended to read:
245.4884 FAMILY COMMUNITY SUPPORT SERVICES.
Subdivision 1.
Availability of family community support services.
By July 1, 1991,
county boards must provide or contract for sufficient family community support services
within the county to meet the needs of each child with deleted text begin severe emotional disturbancedeleted text end new text begin serious
mental illnessnew text end who resides in the county and the child's family. Children or their parents
may be required to pay a fee in accordance with section 245.481.
Family community support services must be designed to improve the ability of children
with deleted text begin severe emotional disturbancedeleted text end new text begin serious mental illnessnew text end to:
(1) manage basic activities of daily living;
(2) function appropriately in home, school, and community settings;
(3) participate in leisure time or community youth activities;
(4) set goals and plans;
(5) reside with the family in the community;
(6) participate in after-school and summer activities;
(7) make a smooth transition among mental health and education services provided to
children; and
(8) make a smooth transition into the adult mental health system as appropriate.
In addition, family community support services must be designed to improve overall
family functioning if clinically appropriate to the child's needs, and to reduce the need for
and use of placements more intensive, costly, or restrictive both in the number of admissions
and lengths of stay than indicated by the child's diagnostic assessment.
The commissioner of human services shall work with mental health professionals to
develop standards for clinical supervision of family community support services. These
standards shall be incorporated in rule and in guidelines for grants for family community
support services.
Subd. 2.
Day treatment services provided.
(a) Day treatment services must be part of
the family community support services available to each child with deleted text begin severe emotional
disturbancedeleted text end new text begin serious mental illnessnew text end residing in the county. A child or the child's parent may
be required to pay a fee according to section 245.481. Day treatment services must be
designed to:
(1) provide a structured environment for treatment;
(2) provide support for residing in the community;
(3) prevent placements that are more intensive, costly, or restrictive than necessary to
meet the child's need;
(4) coordinate with or be offered in conjunction with the child's education program;
(5) provide therapy and family intervention for children that are coordinated with
education services provided and funded by schools; and
(6) operate during all 12 months of the year.
(b) County boards may request a waiver from including day treatment services if they
can document that:
(1) alternative services exist through the county's family community support services
for each child who would otherwise need day treatment services; and
(2) county demographics and geography make the provision of day treatment services
cost ineffective and unfeasible.
Subd. 3.
Professional home-based family treatment provided.
(a) By January 1, 1991,
county boards must provide or contract for sufficient professional home-based family
treatment within the county to meet the needs of each child with deleted text begin severe emotional disturbancedeleted text end new text begin
serious mental illnessnew text end who is at risk of deleted text begin out-of-home placementdeleted text end new text begin residential treatment or
therapeutic foster carenew text end due to the child's deleted text begin emotional disturbancedeleted text end new text begin mental illnessnew text end or who is
returning to the home from deleted text begin out-of-home placementdeleted text end new text begin residential treatment or therapeutic
foster carenew text end . The child or the child's parent may be required to pay a fee according to section
245.481. The county board shall require that all service providers of professional home-based
family treatment set fee schedules approved by the county board that are based on the child's
or family's ability to pay. The professional home-based family treatment must be designed
to assist each child with deleted text begin severe emotional disturbancedeleted text end new text begin serious mental illnessnew text end who is at risk
of or who is returning from deleted text begin out-of-home placementdeleted text end new text begin residential treatment or therapeutic
foster carenew text end and the child's family to:
(1) improve overall family functioning in all areas of life;
(2) treat the child's symptoms of deleted text begin emotional disturbancedeleted text end new text begin mental illnessnew text end that contribute to
a risk of deleted text begin out-of-home placementdeleted text end new text begin residential treatment or therapeutic foster carenew text end ;
(3) provide a positive change in the emotional, behavioral, and mental well-being of
children and their families; and
(4) reduce risk of deleted text begin out-of-home placementdeleted text end new text begin residential treatment or therapeutic foster carenew text end
for the identified child with deleted text begin severe emotional disturbancedeleted text end new text begin serious mental illnessnew text end and other
siblings or successfully reunify and reintegrate into the family a child returning from
deleted text begin out-of-home placementdeleted text end new text begin residential treatment or therapeutic foster carenew text end due to deleted text begin emotional
disturbancedeleted text end new text begin mental illnessnew text end .
(b) Professional home-based family treatment must be provided by a team consisting of
a mental health professional and others who are skilled in the delivery of mental health
services to children and families in conjunction with other human service providers. The
professional home-based family treatment team must maintain flexible hours of service
availability and must provide or arrange for crisis services for each family, 24 hours a day,
seven days a week. Case loads for each professional home-based family treatment team
must be small enough to permit the delivery of intensive services and to meet the needs of
the family. Professional home-based family treatment providers shall coordinate services
and service needs with case managers assigned to children and their families. The treatment
team must develop an individual treatment plan that identifies the specific treatment
objectives for both the child and the family.
Subd. 4.
Therapeutic support of foster care.
By January 1, 1992, county boards must
provide or contract for foster care with therapeutic support as defined in section 245.4871,
subdivision 34. Foster families caring for children with deleted text begin severe emotional disturbancedeleted text end new text begin serious
mental illnessnew text end must receive training and supportive services, as necessary, at no cost to the
foster families within the limits of available resources.
Subd. 5.
Benefits assistance.
The county board must offer help to a child with deleted text begin severe
emotional disturbancedeleted text end new text begin serious mental illnessnew text end and the child's family in applying for federal
benefits, including Supplemental Security Income, medical assistance, and Medicare.
Sec. 39.
Minnesota Statutes 2024, section 245.4885, subdivision 1, is amended to read:
Subdivision 1.
Admission criteria.
(a) Prior to admission or placement, except in the
case of an emergency, all children referred for treatment of deleted text begin severe emotional disturbancedeleted text end new text begin
serious mental illnessnew text end in a treatment foster care setting, residential treatment facility, or
informally admitted to a regional treatment center shall undergo an assessment to determine
the appropriate level of care if county funds are used to pay for the child's services. An
emergency includes when a child is in need of and has been referred for crisis stabilization
services under section 245.4882, subdivision 6. A child who has been referred to residential
treatment for crisis stabilization services in a residential treatment center is not required to
undergo an assessment under this section.
(b) The county board shall determine the appropriate level of care for a child when
county-controlled funds are used to pay for the child's residential treatment under this
chapter, including residential treatment provided in a qualified residential treatment program
as defined in section 260C.007, subdivision 26d. When a county board does not have
responsibility for a child's placement and the child is enrolled in a prepaid health program
under section 256B.69, the enrolled child's contracted health plan must determine the
appropriate level of care for the child. When Indian Health Services funds or funds of a
tribally owned facility funded under the Indian Self-Determination and Education Assistance
Act, Public Law 93-638, are used for the child, the Indian Health Services or 638 tribal
health facility must determine the appropriate level of care for the child. When more than
one entity bears responsibility for a child's coverage, the entities shall coordinate level of
care determination activities for the child to the extent possible.
(c) The child's level of care determination shall determine whether the proposed treatment:
(1) is necessary;
(2) is appropriate to the child's individual treatment needs;
(3) cannot be effectively provided in the child's home; and
(4) provides a length of stay as short as possible consistent with the individual child's
needs.
(d) When a level of care determination is conducted, the county board or other entity
may not determine that a screening of a child, referral, or admission to a residential treatment
facility is not appropriate solely because services were not first provided to the child in a
less restrictive setting and the child failed to make progress toward or meet treatment goals
in the less restrictive setting. The level of care determination must be based on a diagnostic
assessment of a child that evaluates the child's family, school, and community living
situations; and an assessment of the child's need for care out of the home using a validated
tool which assesses a child's functional status and assigns an appropriate level of care to the
child. The validated tool must be approved by the commissioner of human services and
may be the validated tool approved for the child's assessment under section 260C.704 if the
juvenile treatment screening team recommended placement of the child in a qualified
residential treatment program. If a diagnostic assessment has been completed by a mental
health professional within the past 180 days, a new diagnostic assessment need not be
completed unless in the opinion of the current treating mental health professional the child's
mental health status has changed markedly since the assessment was completed. The child's
parent shall be notified if an assessment will not be completed and of the reasons. A copy
of the notice shall be placed in the child's file. Recommendations developed as part of the
level of care determination process shall include specific community services needed by
the child and, if appropriate, the child's family, and shall indicate whether these services
are available and accessible to the child and the child's family. The child and the child's
family must be invited to any meeting where the level of care determination is discussed
and decisions regarding residential treatment are made. The child and the child's family
may invite other relatives, friends, or advocates to attend these meetings.
(e) During the level of care determination process, the child, child's family, or child's
legal representative, as appropriate, must be informed of the child's eligibility for case
management services and family community support services and that an individual family
community support plan is being developed by the case manager, if assigned.
(f) The level of care determination, placement decision, and recommendations for mental
health services must be documented in the child's record and made available to the child's
family, as appropriate.
Sec. 40.
Minnesota Statutes 2024, section 245.4889, subdivision 1, is amended to read:
Subdivision 1.
Establishment and authority.
(a) The commissioner is authorized to
make grants from available appropriations to assist:
(1) counties;
(2) Indian tribes;
(3) children's collaboratives under section 142D.15 or 245.493; or
(4) mental health service providers.
(b) The following services are eligible for grants under this section:
(1) services to children with deleted text begin emotional disturbancesdeleted text end new text begin mental illnessnew text end as defined in section
245.4871, subdivision 15, and their families;
(2) transition services under section 245.4875, subdivision 8, for young adults under
age 21 and their families;
(3) respite care services for children with deleted text begin emotional disturbancesdeleted text end new text begin mental illnessnew text end or deleted text begin severe
emotional disturbancesdeleted text end new text begin serious mental illnessnew text end who are at risk of residential treatment or
hospitalizationdeleted text begin ,deleted text end new text begin ;new text end who are already in deleted text begin out-of-home placementdeleted text end new text begin residential treatment, therapeutic
foster care, ornew text end in family foster settings as defined in chapter 142B and at risk of change in
deleted text begin out-of-home placementdeleted text end new text begin foster carenew text end or placement in a residential facility or other higher level
of caredeleted text begin ,deleted text end new text begin ;new text end who have utilized crisis services or emergency room servicesdeleted text begin ,deleted text end new text begin ;new text end or who have
experienced a loss of in-home staffing support. Allowable activities and expenses for respite
care services are defined under subdivision 4. A child is not required to have case
management services to receive respite care services. Counties must work to provide access
to regularly scheduled respite care;
(4) children's mental health crisis services;
(5) child-, youth-, and family-specific mobile response and stabilization services models;
(6) mental health services for people from cultural and ethnic minorities, including
supervision of clinical trainees who are Black, indigenous, or people of color;
(7) children's mental health screening and follow-up diagnostic assessment and treatment;
(8) services to promote and develop the capacity of providers to use evidence-based
practices in providing children's mental health services;
(9) school-linked mental health services under section 245.4901;
(10) building evidence-based mental health intervention capacity for children birth to
age five;
(11) suicide prevention and counseling services that use text messaging statewide;
(12) mental health first aid training;
(13) training for parents, collaborative partners, and mental health providers on the
impact of adverse childhood experiences and trauma and development of an interactive
website to share information and strategies to promote resilience and prevent trauma;
(14) transition age services to develop or expand mental health treatment and supports
for adolescents and young adults 26 years of age or younger;
(15) early childhood mental health consultation;
(16) evidence-based interventions for youth at risk of developing or experiencing a first
episode of psychosis, and a public awareness campaign on the signs and symptoms of
psychosis;
(17) psychiatric consultation for primary care practitioners; and
(18) providers to begin operations and meet program requirements when establishing a
new children's mental health program. These may be start-up grants.
(c) Services under paragraph (b) must be designed to help each child to function and
remain with the child's family in the community and delivered consistent with the child's
treatment plan. Transition services to eligible young adults under this paragraph must be
designed to foster independent living in the community.
(d) As a condition of receiving grant funds, a grantee shall obtain all available third-party
reimbursement sources, if applicable.
(e) The commissioner may establish and design a pilot program to expand the mobile
response and stabilization services model for children, youth, and families. The commissioner
may use grant funding to consult with a qualified expert entity to assist in the formulation
of measurable outcomes and explore and position the state to submit a Medicaid state plan
amendment to scale the model statewide.
Sec. 41.
Minnesota Statutes 2024, section 245.4907, subdivision 2, is amended to read:
Subd. 2.
Eligible applicants.
An eligible applicant is a licensed entity or provider that
employs a mental health certified peer family specialist qualified under section 245I.04,
subdivision 12, and that provides services to families who have a child:
(1) with deleted text begin an emotional disturbancedeleted text end new text begin a mental illnessnew text end or deleted text begin severe emotional disturbancedeleted text end new text begin serious
mental illnessnew text end under chapter 245;
(2) receiving inpatient hospitalization under section 256B.0625, subdivision 1;
(3) admitted to a residential treatment facility under section 245.4882;
(4) receiving children's intensive behavioral health services under section 256B.0946;
(5) receiving day treatment or children's therapeutic services and supports under section
256B.0943; or
(6) receiving crisis response services under section 256B.0624.
Sec. 42.
Minnesota Statutes 2024, section 245.491, subdivision 2, is amended to read:
Subd. 2.
Purpose.
The legislature finds that children withnew text begin mental illnesses ornew text end emotional
or behavioral disturbances or who are at risk of suffering such disturbances often require
services from multiple service systems including mental health, social services, education,
corrections, juvenile court, health, and employment and economic development. In order
to better meet the needs of these children, it is the intent of the legislature to establish an
integrated children's mental health service system that:
(1) allows local service decision makers to draw funding from a single local source so
that funds follow clients and eliminates the need to match clients, funds, services, and
provider eligibilities;
(2) creates a local pool of state, local, and private funds to procure a greater medical
assistance federal financial participation;
(3) improves the efficiency of use of existing resources;
(4) minimizes or eliminates the incentives for cost and risk shifting; and
(5) increases the incentives for earlier identification and intervention.
The children's mental health integrated fund established under sections 245.491 to 245.495
must be used to develop and support this integrated mental health service system. In
developing this integrated service system, it is not the intent of the legislature to limit any
rights available to children and their families through existing federal and state laws.
Sec. 43.
Minnesota Statutes 2024, section 245.492, subdivision 3, is amended to read:
Subd. 3.
Children with emotional or behavioral disturbances.
"Children with
emotional or behavioral disturbances" includes children with deleted text begin emotional disturbancesdeleted text end new text begin mental
illnessesnew text end as defined in section 245.4871, subdivision 15, and children with emotional or
behavioral disorders as defined in Minnesota Rules, part 3525.1329, subpart 1.
Sec. 44.
Minnesota Statutes 2024, section 245.697, subdivision 2a, is amended to read:
Subd. 2a.
Subcommittee on Children's Mental Health.
The State Advisory Council
on Mental Health (the "advisory council") must have a Subcommittee on Children's Mental
Health. The subcommittee must make recommendations to the advisory council on policies,
laws, regulations, and services relating to children's mental health. Members of the
subcommittee must include:
(1) the commissioners or designees of the commissioners of the Departments of Human
Services, Health, Education, State Planning, and Corrections;
(2) a designee of the Direct Care and Treatment executive board;
(3) the commissioner of commerce or a designee of the commissioner who is
knowledgeable about medical insurance issues;
(4) at least one representative of an advocacy group for children with deleted text begin emotional
disturbancesdeleted text end new text begin mental illnessesnew text end ;
(5) providers of children's mental health services, including at least one provider of
services to preadolescent children, one provider of services to adolescents, and one
hospital-based provider;
(6) parents of children who have deleted text begin emotional disturbancesdeleted text end new text begin mental illnessesnew text end ;
(7) a present or former consumer of adolescent mental health services;
(8) educators currently working with deleted text begin emotionally disturbeddeleted text end childrennew text begin with mental illnessesnew text end ;
(9) people knowledgeable about the needs of deleted text begin emotionally disturbeddeleted text end childrennew text begin with mental
illnessesnew text end of minority races and cultures;
(10) people experienced in working with deleted text begin emotionally disturbeddeleted text end childrennew text begin with mental
illnessesnew text end who have committed status offenses;
(11) members of the advisory council;
(12) one person from the local corrections department and one representative of the
Minnesota District Judges Association Juvenile Committee; and
(13) county commissioners and social services agency representatives.
The chair of the advisory council shall appoint subcommittee members described in
clauses (4) to (12) through the process established in section 15.0597. The chair shall appoint
members to ensure a geographical balance on the subcommittee. Terms, compensation,
removal, and filling of vacancies are governed by subdivision 1, except that terms of
subcommittee members who are also members of the advisory council are coterminous with
their terms on the advisory council. The subcommittee shall meet at the call of the
subcommittee chair who is elected by the subcommittee from among its members. The
subcommittee expires with the expiration of the advisory council.
Sec. 45.
Minnesota Statutes 2024, section 245.814, subdivision 3, is amended to read:
Subd. 3.
Compensation provisions.
new text begin (a) new text end If the commissioner of human services is unable
to obtain insurance through ordinary methods for coverage of foster home providers, the
appropriation shall be returned to the general fund and the state shall pay claims subject to
the following limitations.
deleted text begin (a)deleted text end new text begin (b)new text end Compensation shall be provided only for injuries, damage, or actions set forth in
subdivision 1.
deleted text begin (b)deleted text end new text begin (c)new text end Compensation shall be subject to the conditions and exclusions set forth in
subdivision 2.
deleted text begin (c)deleted text end new text begin (d)new text end The state shall provide compensation for bodily injury, property damage, or
personal injury resulting from the foster home providers activities as a foster home provider
while the foster child or adult is in the care, custody, and control of the foster home provider
in an amount not to exceed $250,000 for each occurrence.
deleted text begin (d)deleted text end new text begin (e)new text end The state shall provide compensation for damage or destruction of property caused
or sustained by a foster child or adult in an amount not to exceed $250 for each occurrence.
deleted text begin (e)deleted text end new text begin (f)new text end The compensation in paragraphs deleted text begin (c) anddeleted text end (d)new text begin and (e)new text end is the total obligation for all
damages because of each occurrence regardless of the number of claims made in connection
with the same occurrence, but compensation applies separately to each foster home. The
state shall have no other responsibility to provide compensation for any injury or loss caused
or sustained by any foster home provider or foster child or foster adult.
new text begin (g) new text end This coverage is extended as a benefit to foster home providers to encourage care
of persons who need deleted text begin out-of-homedeleted text end new text begin the providers'new text end care. Nothing in this section shall be
construed to mean that foster home providers are agents or employees of the state nor does
the state accept any responsibility for the selection, monitoring, supervision, or control of
foster home providers which is exclusively the responsibility of the counties which shall
regulate foster home providers in the manner set forth in the rules of the commissioner of
human services.
Sec. 46.
Minnesota Statutes 2024, section 245.826, is amended to read:
245.826 USE OF RESTRICTIVE TECHNIQUES AND PROCEDURES IN
FACILITIES SERVING deleted text begin EMOTIONALLY DISTURBEDdeleted text end CHILDRENnew text begin WITH
MENTAL ILLNESSESnew text end .
When amending rules governing facilities serving deleted text begin emotionally disturbeddeleted text end childrennew text begin with
mental illnessesnew text end that are licensed under section 245A.09 and Minnesota Rules, parts
2960.0510 to 2960.0530 and 2960.0580 to 2960.0700, the commissioner of human services
shall include provisions governing the use of restrictive techniques and procedures. No
provision of these rules may encourage or require the use of restrictive techniques and
procedures. The rules must prohibit: (1) the application of certain restrictive techniques or
procedures in facilities, except as authorized in the child's case plan and monitored by the
county caseworker responsible for the child; (2) the use of restrictive techniques or procedures
that restrict the clients' normal access to nutritious diet, drinking water, adequate ventilation,
necessary medical care, ordinary hygiene facilities, normal sleeping conditions, and necessary
clothing; and (3) the use of corporal punishment. The rule may specify other restrictive
techniques and procedures and the specific conditions under which permitted techniques
and procedures are to be carried out.
Sec. 47.
Minnesota Statutes 2024, section 245.91, subdivision 2, is amended to read:
Subd. 2.
Agency.
"Agency" means the divisions, officials, or employees of the state
Departments of Human Services, Direct Care and Treatment, Health, and Education, and
of local school districts and designated county social service agencies as defined in section
256G.02, subdivision 7, that are engaged in monitoring, providing, or regulating services
or treatment for mental illness, developmental disability,new text begin ornew text end substance use disorderdeleted text begin , or
emotional disturbancedeleted text end .
Sec. 48.
Minnesota Statutes 2024, section 245.91, subdivision 4, is amended to read:
Subd. 4.
Facility or program.
"Facility" or "program" means a nonresidential or
residential program as defined in section 245A.02, subdivisions 10 and 14, and any agency,
facility, or program that provides services or treatment for mental illness, developmental
disability,new text begin ornew text end substance use disorderdeleted text begin , or emotional disturbancedeleted text end that is required to be licensed,
certified, or registered by the commissioner of human services, health, or education; a sober
home as defined in section 254B.01, subdivision 11; peer recovery support services provided
by a recovery community organization as defined in section 254B.01, subdivision 8; and
an acute care inpatient facility that provides services or treatment for mental illness,
developmental disability,new text begin ornew text end substance use disorderdeleted text begin , or emotional disturbancedeleted text end .
Sec. 49.
Minnesota Statutes 2024, section 245.92, is amended to read:
245.92 OFFICE OF OMBUDSMAN; CREATION; QUALIFICATIONS;
FUNCTION.
The ombudsman for persons receiving services or treatment for mental illness,
developmental disability,new text begin ornew text end substance use disorderdeleted text begin , or emotional disturbancedeleted text end shall promote
the highest attainable standards of treatment, competence, efficiency, and justice. The
ombudsman may gather information and data about decisions, acts, and other matters of an
agency, facility, or program, and shall monitor the treatment of individuals participating in
a University of Minnesota Department of Psychiatry clinical drug trial. The ombudsman is
appointed by the governor, serves in the unclassified service, and may be removed only for
just cause. The ombudsman must be selected without regard to political affiliation and must
be a person who has knowledge and experience concerning the treatment, needs, and rights
of clients, and who is highly competent and qualified. No person may serve as ombudsman
while holding another public office.
Sec. 50.
Minnesota Statutes 2024, section 245.94, subdivision 1, is amended to read:
Subdivision 1.
Powers.
(a) The ombudsman may prescribe the methods by which
complaints to the office are to be made, reviewed, and acted upon. The ombudsman may
not levy a complaint fee.
(b) The ombudsman is a health oversight agency as defined in Code of Federal
Regulations, title 45, section 164.501. The ombudsman may access patient records according
to Code of Federal Regulations, title 42, section 2.53. For purposes of this paragraph,
"records" has the meaning given in Code of Federal Regulations, title 42, section
2.53(a)(1)(i).
(c) The ombudsman may mediate or advocate on behalf of a client.
(d) The ombudsman may investigate the quality of services provided to clients and
determine the extent to which quality assurance mechanisms within state and county
government work to promote the health, safety, and welfare of clients.
(e) At the request of a client, or upon receiving a complaint or other information affording
reasonable grounds to believe that the rights of one or more clients who may not be capable
of requesting assistance have been adversely affected, the ombudsman may gather
information and data about and analyze, on behalf of the client, the actions of an agency,
facility, or program.
(f) The ombudsman may gather, on behalf of one or more clients, records of an agency,
facility, or program, or records related to clinical drug trials from the University of Minnesota
Department of Psychiatry, if the records relate to a matter that is within the scope of the
ombudsman's authority. If the records are private and the client is capable of providing
consent, the ombudsman shall first obtain the client's consent. The ombudsman is not
required to obtain consent for access to private data on clients with developmental disabilities
and individuals served by the Minnesota Sex Offender Program. The ombudsman may also
take photographic or videographic evidence while reviewing the actions of an agency,
facility, or program, with the consent of the client. The ombudsman is not required to obtain
consent for access to private data on decedents who were receiving services for mental
illness, developmental disability,new text begin ornew text end substance use disorderdeleted text begin , or emotional disturbancedeleted text end . All
data collected, created, received, or maintained by the ombudsman are governed by chapter
13 and other applicable law.
(g) Notwithstanding any law to the contrary, the ombudsman may subpoena a person
to appear, give testimony, or produce documents or other evidence that the ombudsman
considers relevant to a matter under inquiry. The ombudsman may petition the appropriate
court in Ramsey County to enforce the subpoena. A witness who is at a hearing or is part
of an investigation possesses the same privileges that a witness possesses in the courts or
under the law of this state. Data obtained from a person under this paragraph are private
data as defined in section 13.02, subdivision 12.
(h) The ombudsman may, at reasonable times in the course of conducting a review, enter
and view premises within the control of an agency, facility, or program.
(i) The ombudsman may attend Direct Care and Treatment Review Board and Special
Review Board proceedings; proceedings regarding the transfer of clients, as defined in
section 246.50, subdivision 4, between institutions operated by the Direct Care and Treatment
executive board; and, subject to the consent of the affected client, other proceedings affecting
the rights of clients. The ombudsman is not required to obtain consent to attend meetings
or proceedings and have access to private data on clients with developmental disabilities
and individuals served by the Minnesota Sex Offender Program.
(j) The ombudsman shall gather data of agencies, facilities, or programs classified as
private or confidential as defined in section 13.02, subdivisions 3 and 12, regarding services
provided to clients with developmental disabilities and individuals served by the Minnesota
Sex Offender Program.
(k) To avoid duplication and preserve evidence, the ombudsman shall inform relevant
licensing or regulatory officials before undertaking a review of an action of the facility or
program.
(l) The Office of Ombudsman shall provide the services of the Civil Commitment
Training and Resource Center.
(m) The ombudsman shall monitor the treatment of individuals participating in a
University of Minnesota Department of Psychiatry clinical drug trial and ensure that all
protections for human subjects required by federal law and the Institutional Review Board
are provided.
(n) Sections 245.91 to 245.97 are in addition to other provisions of law under which any
other remedy or right is provided.
Sec. 51.
Minnesota Statutes 2024, section 245A.03, subdivision 2, is amended to read:
Subd. 2.
Exclusion from licensure.
(a) This chapter does not apply to:
(1) residential or nonresidential programs that are provided to a person by an individual
who is related;
(2) nonresidential programs that are provided by an unrelated individual to persons from
a single related family;
(3) residential or nonresidential programs that are provided to adults who do not misuse
substances or have a substance use disorder, a mental illness, a developmental disability, a
functional impairment, or a physical disability;
(4) sheltered workshops or work activity programs that are certified by the commissioner
of employment and economic development;
(5) programs operated by a public school for children 33 months or older;
(6) nonresidential programs primarily for children that provide care or supervision for
periods of less than three hours a day while the child's parent or legal guardian is in the
same building as the nonresidential program or present within another building that is
directly contiguous to the building in which the nonresidential program is located;
(7) nursing homes or hospitals licensed by the commissioner of health except as specified
under section 245A.02;
(8) board and lodge facilities licensed by the commissioner of health that do not provide
children's residential services under Minnesota Rules, chapter 2960, mental health or
substance use disorder treatment;
(9) programs licensed by the commissioner of corrections;
(10) recreation programs for children or adults that are operated or approved by a park
and recreation board whose primary purpose is to provide social and recreational activities;
(11) noncertified boarding care homes unless they provide services for five or more
persons whose primary diagnosis is mental illness or a developmental disability;
(12) programs for children such as scouting, boys clubs, girls clubs, and sports and art
programs, and nonresidential programs for children provided for a cumulative total of less
than 30 days in any 12-month period;
(13) residential programs for persons with mental illness, that are located in hospitals;
(14) camps licensed by the commissioner of health under Minnesota Rules, chapter
4630;
(15) mental health outpatient services for adults with mental illness or children with
deleted text begin emotional disturbancedeleted text end new text begin mental illnessnew text end ;
(16) residential programs serving school-age children whose sole purpose is cultural or
educational exchange, until the commissioner adopts appropriate rules;
(17) community support services programs as defined in section 245.462, subdivision
6, and family community support services as defined in section 245.4871, subdivision 17;
(18) assisted living facilities licensed by the commissioner of health under chapter 144G;
(19) substance use disorder treatment activities of licensed professionals in private
practice as defined in section 245G.01, subdivision 17;
(20) consumer-directed community support service funded under the Medicaid waiver
for persons with developmental disabilities when the individual who provided the service
is:
(i) the same individual who is the direct payee of these specific waiver funds or paid by
a fiscal agent, fiscal intermediary, or employer of record; and
(ii) not otherwise under the control of a residential or nonresidential program that is
required to be licensed under this chapter when providing the service;
(21) a county that is an eligible vendor under section 254B.05 to provide care coordination
and comprehensive assessment services;
(22) a recovery community organization that is an eligible vendor under section 254B.05
to provide peer recovery support services; or
(23) programs licensed by the commissioner of children, youth, and families in chapter
142B.
(b) For purposes of paragraph (a), clause (6), a building is directly contiguous to a
building in which a nonresidential program is located if it shares a common wall with the
building in which the nonresidential program is located or is attached to that building by
skyway, tunnel, atrium, or common roof.
(c) Except for the home and community-based services identified in section 245D.03,
subdivision 1, nothing in this chapter shall be construed to require licensure for any services
provided and funded according to an approved federal waiver plan where licensure is
specifically identified as not being a condition for the services and funding.
Sec. 52.
Minnesota Statutes 2024, section 245A.26, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
(a) For the purposes of this section, the terms defined in this
subdivision have the meanings given.
(b) "Clinical trainee" means a staff person who is qualified under section 245I.04,
subdivision 6.
(c) "License holder" means an individual, organization, or government entity that was
issued a license by the commissioner of human services under this chapter for residential
mental health treatment for children with deleted text begin emotional disturbancedeleted text end new text begin mental illnessnew text end according
to Minnesota Rules, parts 2960.0010 to 2960.0220 and 2960.0580 to 2960.0700, or shelter
care services according to Minnesota Rules, parts 2960.0010 to 2960.0120 and 2960.0510
to 2960.0530.
(d) "Mental health professional" means an individual who is qualified under section
245I.04, subdivision 2.
Sec. 53.
Minnesota Statutes 2024, section 245A.26, subdivision 2, is amended to read:
Subd. 2.
Scope and applicability.
(a) This section establishes additional licensing
requirements for a children's residential facility to provide children's residential crisis
stabilization services to a client who is experiencing a mental health crisis and is in need of
residential treatment services.
(b) A children's residential facility may provide residential crisis stabilization services
only if the facility is licensed to provide:
(1) residential mental health treatment for children with deleted text begin emotional disturbancedeleted text end new text begin mental
illnessnew text end according to Minnesota Rules, parts 2960.0010 to 2960.0220 and 2960.0580 to
2960.0700; or
(2) shelter care services according to Minnesota Rules, parts 2960.0010 to 2960.0120
and 2960.0510 to 2960.0530.
(c) If a client receives residential crisis stabilization services for 35 days or fewer in a
facility licensed according to paragraph (b), clause (1), the facility is not required to complete
a diagnostic assessment or treatment plan under Minnesota Rules, part 2960.0180, subpart
2, and part 2960.0600.
(d) If a client receives residential crisis stabilization services for 35 days or fewer in a
facility licensed according to paragraph (b), clause (2), the facility is not required to develop
a plan for meeting the client's immediate needs under Minnesota Rules, part 2960.0520,
subpart 3.
Sec. 54.
Minnesota Statutes 2024, section 246C.12, subdivision 4, is amended to read:
Subd. 4.
Staff safety training.
The executive board shall require all staff in mental
health and support units at regional treatment centers who have contact with deleted text begin personsdeleted text end new text begin children
or adultsnew text end with mental illness deleted text begin or severe emotional disturbancedeleted text end to be appropriately trained in
violence reduction and violence prevention and shall establish criteria for such training.
Training programs shall be developed with input from consumer advocacy organizations
and shall employ violence prevention techniques as preferable to physical interaction.
Sec. 55.
Minnesota Statutes 2024, section 252.27, subdivision 1, is amended to read:
Subdivision 1.
County of financial responsibility.
Whenever any child who has a
developmental disability, or a physical disability or deleted text begin emotional disturbancedeleted text end new text begin mental illnessnew text end is
in 24-hour care outside the home including respite care, in a facility licensed by the
commissioner of human services, the cost of services shall be paid by the county of financial
responsibility determined pursuant to chapter 256G. If the child's parents or guardians do
not reside in this state, the cost shall be paid by the responsible governmental agency in the
state from which the child came, by the parents or guardians of the child if they are financially
able, or, if no other payment source is available, by the commissioner of human services.
Sec. 56.
Minnesota Statutes 2024, section 256B.02, subdivision 11, is amended to read:
Subd. 11.
Related condition.
"Related condition" means a condition:
(1) that is found to be closely related to a developmental disability, including but not
limited to cerebral palsy, epilepsy, autism, fetal alcohol spectrum disorder, and Prader-Willi
syndrome; and
(2) that meets all of the following criteria:
(i) is severe and chronic;
(ii) results in impairment of general intellectual functioning or adaptive behavior similar
to that of persons with developmental disabilities;
(iii) requires treatment or services similar to those required for persons with
developmental disabilities;
(iv) is manifested before the person reaches 22 years of age;
(v) is likely to continue indefinitely;
(vi) results in substantial functional limitations in three or more of the following areas
of major life activity:
(A) self-care;
(B) understanding and use of language;
(C) learning;
(D) mobility;
(E) self-direction; or
(F) capacity for independent living; and
(vii) is not attributable to mental illness as defined in section 245.462, subdivision 20,
or deleted text begin an emotional disturbance as defined in sectiondeleted text end 245.4871, subdivision 15. For purposes
of this item, notwithstanding section 245.462, subdivision 20, or 245.4871, subdivision 15,
"mental illness" does not include autism or other pervasive developmental disorders.
Sec. 57.
Minnesota Statutes 2024, section 256B.055, subdivision 12, is amended to read:
Subd. 12.
Children with disabilities.
(a) A person is eligible for medical assistance if
the person is under age 19 and qualifies as a disabled individual under United States Code,
title 42, section 1382c(a), and would be eligible for medical assistance under the state plan
if residing in a medical institution, and the child requires a level of care provided in a hospital,
nursing facility, or intermediate care facility for persons with developmental disabilities,
for whom home care is appropriate, provided that the cost to medical assistance under this
section is not more than the amount that medical assistance would pay for if the child resides
in an institution. After the child is determined to be eligible under this section, the
commissioner shall review the child's disability under United States Code, title 42, section
1382c(a) and level of care defined under this section no more often than annually and may
elect, based on the recommendation of health care professionals under contract with the
state medical review team, to extend the review of disability and level of care up to a
maximum of four years. The commissioner's decision on the frequency of continuing review
of disability and level of care is not subject to administrative appeal under section 256.045.
The county agency shall send a notice of disability review to the enrollee six months prior
to the date the recertification of disability is due. Nothing in this subdivision shall be
construed as affecting other redeterminations of medical assistance eligibility under this
chapter and annual cost-effective reviews under this section.
(b) For purposes of this subdivision, "hospital" means an institution as defined in section
144.696, subdivision 3, 144.55, subdivision 3, or Minnesota Rules, part 4640.3600, and
licensed pursuant to sections 144.50 to 144.58. For purposes of this subdivision, a child
requires a level of care provided in a hospital if the child is determined by the commissioner
to need an extensive array of health services, including mental health services, for an
undetermined period of time, whose health condition requires frequent monitoring and
treatment by a health care professional or by a person supervised by a health care
professional, who would reside in a hospital or require frequent hospitalization if these
services were not provided, and the daily care needs are more complex than a nursing facility
level of care.
A child with serious deleted text begin emotional disturbancedeleted text end new text begin mental illnessnew text end requires a level of care provided
in a hospital if the commissioner determines that the individual requires 24-hour supervision
because the person exhibits recurrent or frequent suicidal or homicidal ideation or behavior,
recurrent or frequent psychosomatic disorders or somatopsychic disorders that may become
life threatening, recurrent or frequent severe socially unacceptable behavior associated with
psychiatric disorder, ongoing and chronic psychosis or severe, ongoing and chronic
developmental problems requiring continuous skilled observation, or severe disabling
symptoms for which office-centered outpatient treatment is not adequate, and which overall
severely impact the individual's ability to function.
(c) For purposes of this subdivision, "nursing facility" means a facility which provides
nursing care as defined in section 144A.01, subdivision 5, licensed pursuant to sections
144A.02 to 144A.10, which is appropriate if a person is in active restorative treatment; is
in need of special treatments provided or supervised by a licensed nurse; or has unpredictable
episodes of active disease processes requiring immediate judgment by a licensed nurse. For
purposes of this subdivision, a child requires the level of care provided in a nursing facility
if the child is determined by the commissioner to meet the requirements of the preadmission
screening assessment document under section 256B.0911, adjusted to address age-appropriate
standards for children age 18 and under.
(d) For purposes of this subdivision, "intermediate care facility for persons with
developmental disabilities" or "ICF/DD" means a program licensed to provide services to
persons with developmental disabilities under section 252.28, and chapter 245A, and a
physical plant licensed as a supervised living facility under chapter 144, which together are
certified by the Minnesota Department of Health as meeting the standards in Code of Federal
Regulations, title 42, part 483, for an intermediate care facility which provides services for
persons with developmental disabilities who require 24-hour supervision and active treatment
for medical, behavioral, or habilitation needs. For purposes of this subdivision, a child
requires a level of care provided in an ICF/DD if the commissioner finds that the child has
a developmental disability in accordance with section 256B.092, is in need of a 24-hour
plan of care and active treatment similar to persons with developmental disabilities, and
there is a reasonable indication that the child will need ICF/DD services.
(e) For purposes of this subdivision, a person requires the level of care provided in a
nursing facility if the person requires 24-hour monitoring or supervision and a plan of mental
health treatment because of specific symptoms or functional impairments associated with
a serious mental illness or disorder diagnosis, which meet severity criteria for mental health
established by the commissioner and published in March 1997 as the Minnesota Mental
Health Level of Care for Children and Adolescents with Severe Emotional Disorders.
(f) The determination of the level of care needed by the child shall be made by the
commissioner based on information supplied to the commissioner by (1) the parent or
guardian, (2) the child's physician or physicians, advanced practice registered nurse or
advanced practice registered nurses, or physician assistant or physician assistants, and (3)
other professionals as requested by the commissioner. The commissioner shall establish a
screening team to conduct the level of care determinations according to this subdivision.
(g) If a child meets the conditions in paragraph (b), (c), (d), or (e), the commissioner
must assess the case to determine whether:
(1) the child qualifies as a disabled individual under United States Code, title 42, section
1382c(a), and would be eligible for medical assistance if residing in a medical institution;
and
(2) the cost of medical assistance services for the child, if eligible under this subdivision,
would not be more than the cost to medical assistance if the child resides in a medical
institution to be determined as follows:
(i) for a child who requires a level of care provided in an ICF/DD, the cost of care for
the child in an institution shall be determined using the average payment rate established
for the regional treatment centers that are certified as ICF's/DD;
(ii) for a child who requires a level of care provided in an inpatient hospital setting
according to paragraph (b), cost-effectiveness shall be determined according to Minnesota
Rules, part 9505.3520, items F and G; and
(iii) for a child who requires a level of care provided in a nursing facility according to
paragraph (c) or (e), cost-effectiveness shall be determined according to Minnesota Rules,
part 9505.3040, except that the nursing facility average rate shall be adjusted to reflect rates
which would be paid for children under age 16. The commissioner may authorize an amount
up to the amount medical assistance would pay for a child referred to the commissioner by
the preadmission screening team under section 256B.0911.
Sec. 58.
Minnesota Statutes 2024, section 256B.0616, subdivision 1, is amended to read:
Subdivision 1.
Scope.
Medical assistance covers mental health certified family peer
specialists services, as established in subdivision 2, subject to federal approval, if provided
to recipients who have deleted text begin an emotional disturbancedeleted text end new text begin a mental illnessnew text end or deleted text begin severe emotional
disturbancedeleted text end new text begin serious mental illnessnew text end under chapter 245, and are provided by a mental health
certified family peer specialist who has completed the training under subdivision 5 and is
qualified according to section 245I.04, subdivision 12. A family peer specialist cannot
provide services to the peer specialist's family.
Sec. 59.
Minnesota Statutes 2024, section 256B.0757, subdivision 2, is amended to read:
Subd. 2.
Eligible individual.
(a) The commissioner may elect to develop health home
models in accordance with United States Code, title 42, section 1396w-4.
(b) An individual is eligible for health home services under this section if the individual
is eligible for medical assistance under this chapter and has a condition that meets the
definition of mental illness as described in section 245.462, subdivision 20, paragraph (a),
or deleted text begin emotional disturbance as defined in sectiondeleted text end 245.4871, subdivision 15, clause (2). The
commissioner shall establish criteria for determining continued eligibility.
Sec. 60.
Minnesota Statutes 2024, section 256B.0943, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
(a) For purposes of this section, the following terms have
the meanings given them.
(b) "Children's therapeutic services and supports" means the flexible package of mental
health services for children who require varying therapeutic and rehabilitative levels of
intervention to treat a diagnosed deleted text begin emotional disturbance, as defined in section 245.4871,
subdivision 15, or a diagnoseddeleted text end mental illness, as defined in section 245.462, subdivision
20new text begin , or 245.4871, subdivision 15new text end . The services are time-limited interventions that are delivered
using various treatment modalities and combinations of services designed to reach treatment
outcomes identified in the individual treatment plan.
(c) "Clinical trainee" means a staff person who is qualified according to section 245I.04,
subdivision 6.
(d) "Crisis planning" has the meaning given in section 245.4871, subdivision 9a.
(e) "Culturally competent provider" means a provider who understands and can utilize
to a client's benefit the client's culture when providing services to the client. A provider
may be culturally competent because the provider is of the same cultural or ethnic group
as the client or the provider has developed the knowledge and skills through training and
experience to provide services to culturally diverse clients.
(f) "Day treatment program" for children means a site-based structured mental health
program consisting of psychotherapy for three or more individuals and individual or group
skills training provided by a team, under the treatment supervision of a mental health
professional.
(g) "Direct service time" means the time that a mental health professional, clinical trainee,
mental health practitioner, or mental health behavioral aide spends face-to-face with a client
and the client's family or providing covered services through telehealth as defined under
section 256B.0625, subdivision 3b. Direct service time includes time in which the provider
obtains a client's history, develops a client's treatment plan, records individual treatment
outcomes, or provides service components of children's therapeutic services and supports.
Direct service time does not include time doing work before and after providing direct
services, including scheduling or maintaining clinical records.
(h) "Direction of mental health behavioral aide" means the activities of a mental health
professional, clinical trainee, or mental health practitioner in guiding the mental health
behavioral aide in providing services to a client. The direction of a mental health behavioral
aide must be based on the client's individual treatment plan and meet the requirements in
subdivision 6, paragraph (b), clause (7).
deleted text begin
(i) "Emotional disturbance" has the meaning given in section 245.4871, subdivision 15.
deleted text end
deleted text begin (j)deleted text end new text begin (i)new text end "Individual treatment plan" means the plan described in section 245I.10,
subdivisions 7 and 8.
deleted text begin (k)deleted text end new text begin (j)new text end "Mental health behavioral aide services" means medically necessary one-on-one
activities performed by a mental health behavioral aide qualified according to section
245I.04, subdivision 16, to assist a child retain or generalize psychosocial skills as previously
trained by a mental health professional, clinical trainee, or mental health practitioner and
as described in the child's individual treatment plan and individual behavior plan. Activities
involve working directly with the child or child's family as provided in subdivision 9,
paragraph (b), clause (4).
deleted text begin (l)deleted text end new text begin (k)new text end "Mental health certified family peer specialist" means a staff person who is
qualified according to section 245I.04, subdivision 12.
deleted text begin (m)deleted text end new text begin (l)new text end "Mental health practitioner" means a staff person who is qualified according to
section 245I.04, subdivision 4.
deleted text begin (n)deleted text end new text begin (m)new text end "Mental health professional" means a staff person who is qualified according to
section 245I.04, subdivision 2.
deleted text begin (o)deleted text end new text begin (n)new text end "Mental health service plan development" includes:
(1) development and revision of a child's individual treatment plan; and
(2) administering and reporting standardized outcome measurements approved by the
commissioner, as periodically needed to evaluate the effectiveness of treatment.
deleted text begin (p)deleted text end new text begin (o)new text end "Mental illnessdeleted text begin ,deleted text end " deleted text begin for persons at least age 18 but under age 21,deleted text end has the meaning
given in section 245.462, subdivision 20, paragraph (a)new text begin , for persons at least 18 years of age
but under 21 years of age, and has the meaning given in section 245.4871, subdivision 15,
for children under 18 years of agenew text end .
deleted text begin (q)deleted text end new text begin (p)new text end "Psychotherapy" means the treatment described in section 256B.0671, subdivision
11.
deleted text begin (r)deleted text end new text begin (q)new text end "Rehabilitative services" or "psychiatric rehabilitation services" means
interventions to: (1) restore a child or adolescent to an age-appropriate developmental
trajectory that had been disrupted by a psychiatric illness; or (2) enable the child to
self-monitor, compensate for, cope with, counteract, or replace psychosocial skills deficits
or maladaptive skills acquired over the course of a psychiatric illness. Psychiatric
rehabilitation services for children combine coordinated psychotherapy to address internal
psychological, emotional, and intellectual processing deficits, and skills training to restore
personal and social functioning. Psychiatric rehabilitation services establish a progressive
series of goals with each achievement building upon a prior achievement.
deleted text begin (s)deleted text end new text begin (r)new text end "Skills training" means individual, family, or group training, delivered by or under
the supervision of a mental health professional, designed to facilitate the acquisition of
psychosocial skills that are medically necessary to rehabilitate the child to an age-appropriate
developmental trajectory heretofore disrupted by a psychiatric illness or to enable the child
to self-monitor, compensate for, cope with, counteract, or replace skills deficits or
maladaptive skills acquired over the course of a psychiatric illness. Skills training is subject
to the service delivery requirements under subdivision 9, paragraph (b), clause (2).
deleted text begin (t)deleted text end new text begin (s)new text end "Standard diagnostic assessment" means the assessment described in section
245I.10, subdivision 6.
deleted text begin (u)deleted text end new text begin (t)new text end "Treatment supervision" means the supervision described in section 245I.06.
Sec. 61.
Minnesota Statutes 2024, section 256B.0943, subdivision 3, is amended to read:
Subd. 3.
Determination of client eligibility.
(a) A client's eligibility to receive children's
therapeutic services and supports under this section shall be determined based on a standard
diagnostic assessment by a mental health professional or a clinical trainee that is performed
within one year before the initial start of service and updated as required under section
245I.10, subdivision 2. The standard diagnostic assessment must:
(1) determine whether a child under age 18 has a diagnosis of deleted text begin emotional disturbancedeleted text end new text begin
mental illnessnew text end or, if the person is between the ages of 18 and 21, whether the person has a
mental illness;
(2) document children's therapeutic services and supports as medically necessary to
address an identified disability, functional impairment, and the individual client's needs and
goals; and
(3) be used in the development of the individual treatment plan.
(b) Notwithstanding paragraph (a), a client may be determined to be eligible for up to
five days of day treatment under this section based on a hospital's medical history and
presentation examination of the client.
(c) Children's therapeutic services and supports include development and rehabilitative
services that support a child's developmental treatment needs.
Sec. 62.
Minnesota Statutes 2024, section 256B.0943, subdivision 9, is amended to read:
Subd. 9.
Service delivery criteria.
(a) In delivering services under this section, a certified
provider entity must ensure that:
(1) the provider's caseload size should reasonably enable the provider to play an active
role in service planning, monitoring, and delivering services to meet the client's and client's
family's needs, as specified in each client's individual treatment plan;
(2) site-based programs, including day treatment programs, provide staffing and facilities
to ensure the client's health, safety, and protection of rights, and that the programs are able
to implement each client's individual treatment plan; and
(3) a day treatment program is provided to a group of clients by a team under the treatment
supervision of a mental health professional. The day treatment program must be provided
in and by: (i) an outpatient hospital accredited by the Joint Commission on Accreditation
of Health Organizations and licensed under sections 144.50 to 144.55; (ii) a community
mental health center under section 245.62; or (iii) an entity that is certified under subdivision
4 to operate a program that meets the requirements of section 245.4884, subdivision 2, and
Minnesota Rules, parts 9505.0170 to 9505.0475. The day treatment program must stabilize
the client's mental health status while developing and improving the client's independent
living and socialization skills. The goal of the day treatment program must be to reduce or
relieve the effects of mental illness and provide training to enable the client to live in the
community. The remainder of the structured treatment program may include patient and/or
family or group psychotherapy, and individual or group skills training, if included in the
client's individual treatment plan. Day treatment programs are not part of inpatient or
residential treatment services. When a day treatment group that meets the minimum group
size requirement temporarily falls below the minimum group size because of a member's
temporary absence, medical assistance covers a group session conducted for the group
members in attendance. A day treatment program may provide fewer than the minimally
required hours for a particular child during a billing period in which the child is transitioning
into, or out of, the program.
(b) To be eligible for medical assistance payment, a provider entity must deliver the
service components of children's therapeutic services and supports in compliance with the
following requirements:
(1) psychotherapy to address the child's underlying mental health disorder must be
documented as part of the child's ongoing treatment. A provider must deliver or arrange for
medically necessary psychotherapy unless the child's parent or caregiver chooses not to
receive it or the provider determines that psychotherapy is no longer medically necessary.
When a provider determines that psychotherapy is no longer medically necessary, the
provider must update required documentation, including but not limited to the individual
treatment plan, the child's medical record, or other authorizations, to include the
determination. When a provider determines that a child needs psychotherapy but
psychotherapy cannot be delivered due to a shortage of licensed mental health professionals
in the child's community, the provider must document the lack of access in the child's
medical record;
(2) individual, family, or group skills training is subject to the following requirements:
(i) a mental health professional, clinical trainee, or mental health practitioner shall provide
skills training;
(ii) skills training delivered to a child or the child's family must be targeted to the specific
deficits or maladaptations of the child's mental health disorder and must be prescribed in
the child's individual treatment plan;
(iii) group skills training may be provided to multiple recipients who, because of the
nature of their emotional, behavioral, or social dysfunction, can derive mutual benefit from
interaction in a group setting, which must be staffed as follows:
(A) one mental health professional, clinical trainee, or mental health practitioner must
work with a group of three to eight clients; or
(B) any combination of two mental health professionals, clinical trainees, or mental
health practitioners must work with a group of nine to 12 clients;
(iv) a mental health professional, clinical trainee, or mental health practitioner must have
taught the psychosocial skill before a mental health behavioral aide may practice that skill
with the client; and
(v) for group skills training, when a skills group that meets the minimum group size
requirement temporarily falls below the minimum group size because of a group member's
temporary absence, the provider may conduct the session for the group members in
attendance;
(3) crisis planning to a child and family must include development of a written plan that
anticipates the particular factors specific to the child that may precipitate a psychiatric crisis
for the child in the near future. The written plan must document actions that the family
should be prepared to take to resolve or stabilize a crisis, such as advance arrangements for
direct intervention and support services to the child and the child's family. Crisis planning
must include preparing resources designed to address abrupt or substantial changes in the
functioning of the child or the child's family when sudden change in behavior or a loss of
usual coping mechanisms is observed, or the child begins to present a danger to self or
others;
(4) mental health behavioral aide services must be medically necessary treatment services,
identified in the child's individual treatment plan.
To be eligible for medical assistance payment, mental health behavioral aide services must
be delivered to a child who has been diagnosed with deleted text begin an emotional disturbance ordeleted text end a mental
illness, as provided in subdivision 1, paragraph (a). The mental health behavioral aide must
document the delivery of services in written progress notes. Progress notes must reflect
implementation of the treatment strategies, as performed by the mental health behavioral
aide and the child's responses to the treatment strategies; and
(5) mental health service plan development must be performed in consultation with the
child's family and, when appropriate, with other key participants in the child's life by the
child's treating mental health professional or clinical trainee or by a mental health practitioner
and approved by the treating mental health professional. Treatment plan drafting consists
of development, review, and revision by face-to-face or electronic communication. The
provider must document events, including the time spent with the family and other key
participants in the child's life to approve the individual treatment plan. Medical assistance
covers service plan development before completion of the child's individual treatment plan.
Service plan development is covered only if a treatment plan is completed for the child. If
upon review it is determined that a treatment plan was not completed for the child, the
commissioner shall recover the payment for the service plan development.
Sec. 63.
Minnesota Statutes 2024, section 256B.0943, subdivision 12, is amended to read:
Subd. 12.
Excluded services.
The following services are not eligible for medical
assistance payment as children's therapeutic services and supports:
(1) service components of children's therapeutic services and supports simultaneously
provided by more than one provider entity unless prior authorization is obtained;
(2) treatment by multiple providers within the same agency at the same clock time,
unless one service is delivered to the child and the other service is delivered to the child's
family or treatment team without the child present;
(3) children's therapeutic services and supports provided in violation of medical assistance
policy in Minnesota Rules, part 9505.0220;
(4) mental health behavioral aide services provided by a personal care assistant who is
not qualified as a mental health behavioral aide and employed by a certified children's
therapeutic services and supports provider entity;
(5) service components of CTSS that are the responsibility of a residential or program
license holder, including foster care providers under the terms of a service agreement or
administrative rules governing licensure; and
(6) adjunctive activities that may be offered by a provider entity but are not otherwise
covered by medical assistance, including:
(i) a service that is primarily recreation oriented or that is provided in a setting that is
not medically supervised. This includes sports activities, exercise groups, activities such as
craft hours, leisure time, social hours, meal or snack time, trips to community activities,
and tours;
(ii) a social or educational service that does not have or cannot reasonably be expected
to have a therapeutic outcome related to the client's deleted text begin emotional disturbancedeleted text end new text begin mental illnessnew text end ;
(iii) prevention or education programs provided to the community; and
(iv) treatment for clients with primary diagnoses of alcohol or other drug abuse.
Sec. 64.
Minnesota Statutes 2024, section 256B.0943, subdivision 13, is amended to read:
Subd. 13.
Exception to excluded services.
Notwithstanding subdivision 12, up to 15
hours of children's therapeutic services and supports provided within a six-month period to
a child with deleted text begin severe emotional disturbancedeleted text end new text begin serious mental illnessnew text end who is residing in a hospital;
a residential treatment facility licensed under Minnesota Rules, parts 2960.0580 to 2960.0690;
a psychiatric residential treatment facility under section 256B.0625, subdivision 45a; a
regional treatment center; or other institutional group setting or who is participating in a
program of partial hospitalization are eligible for medical assistance payment if part of the
discharge plan.
Sec. 65.
Minnesota Statutes 2024, section 256B.0945, subdivision 1, is amended to read:
Subdivision 1.
Residential services; provider qualifications.
(a) Counties must arrange
to provide residential services for children with deleted text begin severe emotional disturbancedeleted text end new text begin serious mental
illnessnew text end according to sections 245.4882, 245.4885, and this section.
(b) Services must be provided by a facility that is licensed according to section 245.4882
and administrative rules promulgated thereunder, and under contract with the county.
(c) Eligible service costs may be claimed for a facility that is located in a state that
borders Minnesota if:
(1) the facility is the closest facility to the child's home, providing the appropriate level
of care; and
(2) the commissioner of human services has completed an inspection of the out-of-state
program according to the interagency agreement with the commissioner of corrections under
section 260B.198, subdivision 11, paragraph (b), and the program has been certified by the
commissioner of corrections under section 260B.198, subdivision 11, paragraph (a), to
substantially meet the standards applicable to children's residential mental health treatment
programs under Minnesota Rules, chapter 2960. Nothing in this section requires the
commissioner of human services to enforce the background study requirements under chapter
245C or the requirements related to prevention and investigation of alleged maltreatment
under section 626.557 or chapter 260E. Complaints received by the commissioner of human
services must be referred to the out-of-state licensing authority for possible follow-up.
(d) Notwithstanding paragraph (b), eligible service costs may be claimed for an
out-of-state inpatient treatment facility if:
(1) the facility specializes in providing mental health services to children who are deaf,
deafblind, or hard-of-hearing and who use American Sign Language as their first language;
(2) the facility is licensed by the state in which it is located; and
(3) the state in which the facility is located is a member state of the Interstate Compact
on Mental Health.
Sec. 66.
Minnesota Statutes 2024, section 256B.0946, subdivision 6, is amended to read:
Subd. 6.
Excluded services.
(a) Services in clauses (1) to (7) are not covered under this
section and are not eligible for medical assistance payment as components of children's
intensive behavioral health services, but may be billed separately:
(1) inpatient psychiatric hospital treatment;
(2) mental health targeted case management;
(3) partial hospitalization;
(4) medication management;
(5) children's mental health day treatment services;
(6) crisis response services under section 256B.0624;
(7) transportation; and
(8) mental health certified family peer specialist services under section 256B.0616.
(b) Children receiving intensive behavioral health services are not eligible for medical
assistance reimbursement for the following services while receiving children's intensive
behavioral health services:
(1) psychotherapy and skills training components of children's therapeutic services and
supports under section 256B.0943;
(2) mental health behavioral aide services as defined in section 256B.0943, subdivision
1, paragraph deleted text begin (l)deleted text end new text begin (j)new text end ;
(3) home and community-based waiver services;
(4) mental health residential treatment; and
(5) medical assistance room and board rate, as defined in section 256B.056, subdivision
5d.
Sec. 67.
Minnesota Statutes 2024, section 256B.0947, subdivision 3a, is amended to read:
Subd. 3a.
Required service components.
(a) Intensive nonresidential rehabilitative
mental health services, supports, and ancillary activities that are covered by a single daily
rate per client must include the following, as needed by the individual client:
(1) individual, family, and group psychotherapy;
(2) individual, family, and group skills training, as defined in section 256B.0943,
subdivision 1, paragraph deleted text begin (u)deleted text end new text begin (r)new text end ;
(3) crisis planning as defined in section 245.4871, subdivision 9a;
(4) medication management provided by a physician, an advanced practice registered
nurse with certification in psychiatric and mental health care, or a physician assistant;
(5) mental health case management as provided in section 256B.0625, subdivision 20;
(6) medication education services as defined in this section;
(7) care coordination by a client-specific lead worker assigned by and responsible to the
treatment team;
(8) psychoeducation of and consultation and coordination with the client's biological,
adoptive, or foster family and, in the case of a youth living independently, the client's
immediate nonfamilial support network;
(9) clinical consultation to a client's employer or school or to other service agencies or
to the courts to assist in managing the mental illness or co-occurring disorder and to develop
client support systems;
(10) coordination with, or performance of, crisis intervention and stabilization services
as defined in section 256B.0624;
(11) transition services;
(12) co-occurring substance use disorder treatment as defined in section 245I.02,
subdivision 11; and
(13) housing access support that assists clients to find, obtain, retain, and move to safe
and adequate housing. Housing access support does not provide monetary assistance for
rent, damage deposits, or application fees.
(b) The provider shall ensure and document the following by means of performing the
required function or by contracting with a qualified person or entity: client access to crisis
intervention services, as defined in section 256B.0624, and available 24 hours per day and
seven days per week.
Sec. 68.
Minnesota Statutes 2024, section 256B.69, subdivision 23, is amended to read:
Subd. 23.
Alternative services; elderly persons and persons with a disability.
(a) The
commissioner may implement demonstration projects to create alternative integrated delivery
systems for acute and long-term care services to elderly persons and persons with disabilities
as defined in section 256B.77, subdivision 7a, that provide increased coordination, improve
access to quality services, and mitigate future cost increases. The commissioner may seek
federal authority to combine Medicare and Medicaid capitation payments for the purpose
of such demonstrations and may contract with Medicare-approved special needs plans that
are offered by a demonstration provider or by an entity that is directly or indirectly wholly
owned or controlled by a demonstration provider to provide Medicaid services. Medicare
funds and services shall be administered according to the terms and conditions of the federal
contract and demonstration provisions. For the purpose of administering medical assistance
funds, demonstrations under this subdivision are subject to subdivisions 1 to 22. The
provisions of Minnesota Rules, parts 9500.1450 to 9500.1464, apply to these demonstrations,
with the exceptions of parts 9500.1452, subpart 2, item B; and 9500.1457, subpart 1, items
B and C, which do not apply to persons enrolling in demonstrations under this section. All
enforcement and rulemaking powers available under chapters 62D, 62M, and 62Q are hereby
granted to the commissioner of health with respect to Medicare-approved special needs
plans with which the commissioner contracts to provide Medicaid services under this section.
An initial open enrollment period may be provided. Persons who disenroll from
demonstrations under this subdivision remain subject to Minnesota Rules, parts 9500.1450
to 9500.1464. When a person is enrolled in a health plan under these demonstrations and
the health plan's participation is subsequently terminated for any reason, the person shall
be provided an opportunity to select a new health plan and shall have the right to change
health plans within the first 60 days of enrollment in the second health plan. Persons required
to participate in health plans under this section who fail to make a choice of health plan
shall not be randomly assigned to health plans under these demonstrations. Notwithstanding
section 256L.12, subdivision 5, and Minnesota Rules, part 9505.5220, subpart 1, item A,
if adopted, for the purpose of demonstrations under this subdivision, the commissioner may
contract with managed care organizations, including counties, to serve only elderly persons
eligible for medical assistance, elderly persons with a disability, or persons with a disability
only. For persons with a primary diagnosis of developmental disability, serious and persistent
mental illness, or serious deleted text begin emotional disturbancedeleted text end new text begin mental illness in childrennew text end , the commissioner
must ensure that the county authority has approved the demonstration and contracting design.
Enrollment in these projects for persons with disabilities shall be voluntary. The
commissioner shall not implement any demonstration project under this subdivision for
persons with a primary diagnosis of developmental disabilities, serious and persistent mental
illness, or serious deleted text begin emotional disturbance,deleted text end new text begin mental illness in childrennew text end without approval of the
county board of the county in which the demonstration is being implemented.
(b) MS 2009 Supplement [Expired, 2003 c 47 s 4; 2007 c 147 art 7 s 60]
(c) Before implementation of a demonstration project for persons with a disability, the
commissioner must provide information to appropriate committees of the house of
representatives and senate and must involve representatives of affected disability groups in
the design of the demonstration projects.
(d) A nursing facility reimbursed under the alternative reimbursement methodology in
section 256B.434 may, in collaboration with a hospital, clinic, or other health care entity
provide services under paragraph (a). The commissioner shall amend the state plan and seek
any federal waivers necessary to implement this paragraph.
(e) The commissioner, in consultation with the commissioners of commerce and health,
may approve and implement programs for all-inclusive care for the elderly (PACE) according
to federal laws and regulations governing that program and state laws or rules applicable
to participating providers. A PACE provider is not required to be licensed or certified as a
health plan company as defined in section 62Q.01, subdivision 4. Persons age 55 and older
who have been screened by the county and found to be eligible for services under the elderly
waiver or community access for disability inclusion or who are already eligible for Medicaid
but meet level of care criteria for receipt of waiver services may choose to enroll in the
PACE program. Medicare and Medicaid services will be provided according to this
subdivision and federal Medicare and Medicaid requirements governing PACE providers
and programs. PACE enrollees will receive Medicaid home and community-based services
through the PACE provider as an alternative to services for which they would otherwise be
eligible through home and community-based waiver programs and Medicaid State Plan
Services. The commissioner shall establish Medicaid rates for PACE providers that do not
exceed costs that would have been incurred under fee-for-service or other relevant managed
care programs operated by the state.
(f) The commissioner shall seek federal approval to expand the Minnesota disability
health options (MnDHO) program established under this subdivision in stages, first to
regional population centers outside the seven-county metro area and then to all areas of the
state. Until July 1, 2009, expansion for MnDHO projects that include home and
community-based services is limited to the two projects and service areas in effect on March
1, 2006. Enrollment in integrated MnDHO programs that include home and community-based
services shall remain voluntary. Costs for home and community-based services included
under MnDHO must not exceed costs that would have been incurred under the fee-for-service
program. Notwithstanding whether expansion occurs under this paragraph, in determining
MnDHO payment rates and risk adjustment methods, the commissioner must consider the
methods used to determine county allocations for home and community-based program
participants. If necessary to reduce MnDHO rates to comply with the provision regarding
MnDHO costs for home and community-based services, the commissioner shall achieve
the reduction by maintaining the base rate for contract year 2010 for services provided under
the community access for disability inclusion waiver at the same level as for contract year
2009. The commissioner may apply other reductions to MnDHO rates to implement decreases
in provider payment rates required by state law. Effective January 1, 2011, enrollment and
operation of the MnDHO program in effect during 2010 shall cease. The commissioner may
reopen the program provided all applicable conditions of this section are met. In developing
program specifications for expansion of integrated programs, the commissioner shall involve
and consult the state-level stakeholder group established in subdivision 28, paragraph (d),
including consultation on whether and how to include home and community-based waiver
programs. Plans to reopen MnDHO projects shall be presented to the chairs of the house of
representatives and senate committees with jurisdiction over health and human services
policy and finance prior to implementation.
(g) Notwithstanding section 256B.0621, health plans providing services under this section
are responsible for home care targeted case management and relocation targeted case
management. Services must be provided according to the terms of the waivers and contracts
approved by the federal government.
Sec. 69.
Minnesota Statutes 2024, section 256B.77, subdivision 7a, is amended to read:
Subd. 7a.
Eligible individuals.
(a) Persons are eligible for the demonstration project as
provided in this subdivision.
(b) "Eligible individuals" means those persons living in the demonstration site who are
eligible for medical assistance and are disabled based on a disability determination under
section 256B.055, subdivisions 7 and 12, or who are eligible for medical assistance and
have been diagnosed as having:
(1) serious and persistent mental illness as defined in section 245.462, subdivision 20;
(2) deleted text begin severe emotional disturbancedeleted text end new text begin serious mental illnessnew text end as defined in section 245.4871,
subdivision 6; or
(3) developmental disability, or being a person with a developmental disability as defined
in section 252A.02, or a related condition as defined in section 256B.02, subdivision 11.
Other individuals may be included at the option of the county authority based on agreement
with the commissioner.
(c) Eligible individuals include individuals in excluded time status, as defined in chapter
256G. Enrollees in excluded time at the time of enrollment shall remain in excluded time
status as long as they live in the demonstration site and shall be eligible for 90 days after
placement outside the demonstration site if they move to excluded time status in a county
within Minnesota other than their county of financial responsibility.
(d) A person who is a sexual psychopathic personality as defined in section 253D.02,
subdivision 15, or a sexually dangerous person as defined in section 253D.02, subdivision
16, is excluded from enrollment in the demonstration project.
Sec. 70.
Minnesota Statutes 2024, section 260B.157, subdivision 3, is amended to read:
Subd. 3.
Juvenile treatment screening team.
(a) The local social services agency shall
establish a juvenile treatment screening team to conduct screenings and prepare case plans
under this subdivision. The team, which may be the team constituted under section 245.4885
or 256B.092 or chapter 254B, shall consist of social workers, juvenile justice professionals,
and persons with expertise in the treatment of juveniles who are emotionally disabled,
chemically dependent, or have a developmental disability. The team shall involve parents
or guardians in the screening process as appropriate. The team may be the same team as
defined in section 260C.157, subdivision 3.
(b) If the court, prior todeleted text begin ,deleted text end or as part ofdeleted text begin ,deleted text end a final disposition, proposes to place a child:
(1) for the primary purpose of treatment for deleted text begin an emotional disturbancedeleted text end new text begin mental illnessnew text end ,
and residential placement is consistent with section 260.012, a developmental disability, or
chemical dependency in a residential treatment facility out of state or in one which is within
the state and licensed by the commissioner of human services under chapter 245A; or
(2) in any out-of-home setting potentially exceeding 30 days in duration, including a
post-dispositional placement in a facility licensed by the commissioner of corrections or
human services, the court shall notify the county welfare agency. The county's juvenile
treatment screening team must either:
(i) screen and evaluate the child and file its recommendations with the court within 14
days of receipt of the notice; or
(ii) elect not to screen a given case, and notify the court of that decision within three
working days.
(c) If the screening team has elected to screen and evaluate the child, the child may not
be placed for the primary purpose of treatment for deleted text begin an emotional disturbancedeleted text end new text begin mental illnessnew text end ,
a developmental disability, or chemical dependency, in a residential treatment facility out
of state nor in a residential treatment facility within the state that is licensed under chapter
245A, unless one of the following conditions applies:
(1) a treatment professional certifies that an emergency requires the placement of the
child in a facility within the state;
(2) the screening team has evaluated the child and recommended that a residential
placement is necessary to meet the child's treatment needs and the safety needs of the
community, that it is a cost-effective means of meeting the treatment needs, and that it will
be of therapeutic value to the child; or
(3) the court, having reviewed a screening team recommendation against placement,
determines to the contrary that a residential placement is necessary. The court shall state
the reasons for its determination in writing, on the record, and shall respond specifically to
the findings and recommendation of the screening team in explaining why the
recommendation was rejected. The attorney representing the child and the prosecuting
attorney shall be afforded an opportunity to be heard on the matter.
Sec. 71.
Minnesota Statutes 2024, section 260C.007, subdivision 16, is amended to read:
Subd. 16.
deleted text begin Emotionally disturbeddeleted text end new text begin Mental illnessnew text end .
"deleted text begin Emotionally disturbeddeleted text end new text begin Mental illnessnew text end "
deleted text begin means emotional disturbance as describeddeleted text end new text begin has the meaning givennew text end in section 245.4871,
subdivision 15.
Sec. 72.
Minnesota Statutes 2024, section 260C.007, subdivision 26d, is amended to read:
Subd. 26d.
Qualified residential treatment program.
"Qualified residential treatment
program" means a children's residential treatment program licensed under chapter 245A or
licensed or approved by a tribe that is approved to receive foster care maintenance payments
under section 142A.418 that:
(1) has a trauma-informed treatment model designed to address the needs of children
with serious emotional or behavioral disorders or disturbancesnew text begin or mental illnessesnew text end ;
(2) has registered or licensed nursing staff and other licensed clinical staff who:
(i) provide care within the scope of their practice; and
(ii) are available 24 hours per day and seven days per week;
(3) is accredited by any of the following independent, nonprofit organizations: the
Commission on Accreditation of Rehabilitation Facilities (CARF), the Joint Commission
on Accreditation of Healthcare Organizations (JCAHO), and the Council on Accreditation
(COA), or any other nonprofit accrediting organization approved by the United States
Department of Health and Human Services;
(4) if it is in the child's best interests, facilitates participation of the child's family members
in the child's treatment programming consistent with the child's out-of-home placement
plan under sections 260C.212, subdivision 1, and 260C.708;
(5) facilitates outreach to family members of the child, including siblings;
(6) documents how the facility facilitates outreach to the child's parents and relatives,
as well as documents the child's parents' and other relatives' contact information;
(7) documents how the facility includes family members in the child's treatment process,
including after the child's discharge, and how the facility maintains the child's sibling
connections; and
(8) provides the child and child's family with discharge planning and family-based
aftercare support for at least six months after the child's discharge. Aftercare support may
include clinical care consultation under section 256B.0671, subdivision 7, and mental health
certified family peer specialist services under section 256B.0616.
Sec. 73.
Minnesota Statutes 2024, section 260C.007, subdivision 27b, is amended to read:
Subd. 27b.
Residential treatment facility.
"Residential treatment facility" means a
24-hour-a-day program that provides treatment for children with deleted text begin emotional disturbancedeleted text end new text begin
mental illnessnew text end , consistent with section 245.4871, subdivision 32, and includes a licensed
residential program specializing in caring 24 hours a day for children with a developmental
delay or related condition. A residential treatment facility does not include a psychiatric
residential treatment facility under section 256B.0941 or a family foster home as defined
in section 260C.007, subdivision 16b.
Sec. 74.
Minnesota Statutes 2024, section 260C.157, subdivision 3, is amended to read:
Subd. 3.
Juvenile treatment screening team.
(a) The responsible social services agency
shall establish a juvenile treatment screening team to conduct screenings under this chapter
and chapter 260D, for a child to receive treatment for deleted text begin an emotional disturbancedeleted text end new text begin a mental
illnessnew text end , deleted text begin adeleted text end developmental disability, or related condition in a residential treatment facility
licensed by the commissioner of human services under chapter 245A, or licensed or approved
by a tribe. A screening team is not required for a child to be in: (1) a residential facility
specializing in prenatal, postpartum, or parenting support; (2) a facility specializing in
high-quality residential care and supportive services to children and youth who have been
or are at risk of becoming victims of sex trafficking or commercial sexual exploitation; (3)
supervised settings for youth who are 18 years of age or older and living independently; or
(4) a licensed residential family-based treatment facility for substance abuse consistent with
section 260C.190. Screenings are also not required when a child must be placed in a facility
due to an emotional crisis or other mental health emergency.
(b) The responsible social services agency shall conduct screenings within 15 days of a
request for a screening, unless the screening is for the purpose of residential treatment and
the child is enrolled in a prepaid health program under section 256B.69, in which case the
agency shall conduct the screening within ten working days of a request. The responsible
social services agency shall convene the juvenile treatment screening team, which may be
constituted under section 245.4885, 254B.05, or 256B.092. The team shall consist of social
workers; persons with expertise in the treatment of juveniles who are emotionally disturbed,
chemically dependent, or have a developmental disability; and the child's parent, guardian,
or permanent legal custodian. The team may include the child's relatives as defined in section
260C.007, subdivisions 26b and 27, the child's foster care provider, and professionals who
are a resource to the child's family such as teachers, medical or mental health providers,
and clergy, as appropriate, consistent with the family and permanency team as defined in
section 260C.007, subdivision 16a. Prior to forming the team, the responsible social services
agency must consult with the child's parents, the child if the child is age 14 or older, and,
if applicable, the child's tribe to obtain recommendations regarding which individuals to
include on the team and to ensure that the team is family-centered and will act in the child's
best interests. If the child, child's parents, or legal guardians raise concerns about specific
relatives or professionals, the team should not include those individuals. This provision
does not apply to paragraph (c).
(c) If the agency provides notice to tribes under section 260.761, and the child screened
is an Indian child, the responsible social services agency must make a rigorous and concerted
effort to include a designated representative of the Indian child's tribe on the juvenile
treatment screening team, unless the child's tribal authority declines to appoint a
representative. The Indian child's tribe may delegate its authority to represent the child to
any other federally recognized Indian tribe, as defined in section 260.755, subdivision 12.
The provisions of the Indian Child Welfare Act of 1978, United States Code, title 25, sections
1901 to 1963, and the Minnesota Indian Family Preservation Act, sections 260.751 to
260.835, apply to this section.
(d) If the court, prior to, or as part of, a final disposition or other court order, proposes
to place a child with deleted text begin an emotional disturbance ordeleted text end new text begin a mental illness,new text end developmental disabilitynew text begin ,new text end
or related condition in residential treatment, the responsible social services agency must
conduct a screening. If the team recommends treating the child in a qualified residential
treatment program, the agency must follow the requirements of sections 260C.70 to
260C.714.
The court shall ascertain whether the child is an Indian child and shall notify the
responsible social services agency and, if the child is an Indian child, shall notify the Indian
child's tribe as paragraph (c) requires.
(e) When the responsible social services agency is responsible for placing and caring
for the child and the screening team recommends placing a child in a qualified residential
treatment program as defined in section 260C.007, subdivision 26d, the agency must: (1)
begin the assessment and processes required in section 260C.704 without delay; and (2)
conduct a relative search according to section 260C.221 to assemble the child's family and
permanency team under section 260C.706. Prior to notifying relatives regarding the family
and permanency team, the responsible social services agency must consult with the child's
parent or legal guardian, the child if the child is age 14 or older, and, if applicable, the child's
tribe to ensure that the agency is providing notice to individuals who will act in the child's
best interests. The child and the child's parents may identify a culturally competent qualified
individual to complete the child's assessment. The agency shall make efforts to refer the
assessment to the identified qualified individual. The assessment may not be delayed for
the purpose of having the assessment completed by a specific qualified individual.
(f) When a screening team determines that a child does not need treatment in a qualified
residential treatment program, the screening team must:
(1) document the services and supports that will prevent the child's foster care placement
and will support the child remaining at home;
(2) document the services and supports that the agency will arrange to place the child
in a family foster home; or
(3) document the services and supports that the agency has provided in any other setting.
(g) When the Indian child's tribe or tribal health care services provider or Indian Health
Services provider proposes to place a child for the primary purpose of treatment for deleted text begin an
emotional disturbancedeleted text end new text begin a mental illnessnew text end , a developmental disability, or co-occurring deleted text begin emotional
disturbancedeleted text end new text begin mental illnessnew text end and chemical dependency, the Indian child's tribe or the tribe
delegated by the child's tribe shall submit necessary documentation to the county juvenile
treatment screening team, which must invite the Indian child's tribe to designate a
representative to the screening team.
(h) The responsible social services agency must conduct and document the screening in
a format approved by the commissioner of human services.
Sec. 75.
Minnesota Statutes 2024, section 260C.201, subdivision 1, is amended to read:
Subdivision 1.
Dispositions.
(a) If the court finds that the child is in need of protection
or services or neglected and in foster care, the court shall enter an order making any of the
following dispositions of the case:
(1) place the child under the protective supervision of the responsible social services
agency or child-placing agency in the home of a parent of the child under conditions
prescribed by the court directed to the correction of the child's need for protection or services:
(i) the court may order the child into the home of a parent who does not otherwise have
legal custody of the child, however, an order under this section does not confer legal custody
on that parent;
(ii) if the court orders the child into the home of a father who is not adjudicated, the
father must cooperate with paternity establishment proceedings regarding the child in the
appropriate jurisdiction as one of the conditions prescribed by the court for the child to
continue in the father's home; and
(iii) the court may order the child into the home of a noncustodial parent with conditions
and may also order both the noncustodial and the custodial parent to comply with the
requirements of a case plan under subdivision 2; or
(2) transfer legal custody to one of the following:
(i) a child-placing agency; or
(ii) the responsible social services agency. In making a foster care placement of a child
whose custody has been transferred under this subdivision, the agency shall make an
individualized determination of how the placement is in the child's best interests using the
placement consideration order for relatives and the best interest factors in section 260C.212,
subdivision 2, and may include a child colocated with a parent in a licensed residential
family-based substance use disorder treatment program under section 260C.190; or
(3) order a trial home visit without modifying the transfer of legal custody to the
responsible social services agency under clause (2). Trial home visit means the child is
returned to the care of the parent or guardian from whom the child was removed for a period
not to exceed six months. During the period of the trial home visit, the responsible social
services agency:
(i) shall continue to have legal custody of the child, which means that the agency may
see the child in the parent's home, at school, in a child care facility, or other setting as the
agency deems necessary and appropriate;
(ii) shall continue to have the ability to access information under section 260C.208;
(iii) shall continue to provide appropriate services to both the parent and the child during
the period of the trial home visit;
(iv) without previous court order or authorization, may terminate the trial home visit in
order to protect the child's health, safety, or welfare and may remove the child to foster care;
(v) shall advise the court and parties within three days of the termination of the trial
home visit when a visit is terminated by the responsible social services agency without a
court order; and
(vi) shall prepare a report for the court when the trial home visit is terminated whether
by the agency or court order that describes the child's circumstances during the trial home
visit and recommends appropriate orders, if any, for the court to enter to provide for the
child's safety and stability. In the event a trial home visit is terminated by the agency by
removing the child to foster care without prior court order or authorization, the court shall
conduct a hearing within ten days of receiving notice of the termination of the trial home
visit by the agency and shall order disposition under this subdivision or commence
permanency proceedings under sections 260C.503 to 260C.515. The time period for the
hearing may be extended by the court for good cause shown and if it is in the best interests
of the child as long as the total time the child spends in foster care without a permanency
hearing does not exceed 12 months;
(4) if the child has been adjudicated as a child in need of protection or services because
the child is in need of special services or care to treat or ameliorate a physical or mental
disability or deleted text begin emotional disturbancedeleted text end new text begin a mental illnessnew text end as defined in section 245.4871,
subdivision 15, the court may order the child's parent, guardian, or custodian to provide it.
The court may order the child's health plan company to provide mental health services to
the child. Section 62Q.535 applies to an order for mental health services directed to the
child's health plan company. If the health plan, parent, guardian, or custodian fails or is
unable to provide this treatment or care, the court may order it provided. Absent specific
written findings by the court that the child's disability is the result of abuse or neglect by
the child's parent or guardian, the court shall not transfer legal custody of the child for the
purpose of obtaining special treatment or care solely because the parent is unable to provide
the treatment or care. If the court's order for mental health treatment is based on a diagnosis
made by a treatment professional, the court may order that the diagnosing professional not
provide the treatment to the child if it finds that such an order is in the child's best interests;
or
(5) if the court believes that the child has sufficient maturity and judgment and that it is
in the best interests of the child, the court may order a child 16 years old or older to be
allowed to live independently, either alone or with others as approved by the court under
supervision the court considers appropriate, if the county board, after consultation with the
court, has specifically authorized this dispositional alternative for a child.
(b) If the child was adjudicated in need of protection or services because the child is a
runaway or habitual truant, the court may order any of the following dispositions in addition
to or as alternatives to the dispositions authorized under paragraph (a):
(1) counsel the child or the child's parents, guardian, or custodian;
(2) place the child under the supervision of a probation officer or other suitable person
in the child's own home under conditions prescribed by the court, including reasonable rules
for the child's conduct and the conduct of the parents, guardian, or custodian, designed for
the physical, mental, and moral well-being and behavior of the child;
(3) subject to the court's supervision, transfer legal custody of the child to one of the
following:
(i) a reputable person of good moral character. No person may receive custody of two
or more unrelated children unless licensed to operate a residential program under sections
245A.01 to 245A.16; or
(ii) a county probation officer for placement in a group foster home established under
the direction of the juvenile court and licensed pursuant to section 241.021;
(4) require the child to pay a fine of up to $100. The court shall order payment of the
fine in a manner that will not impose undue financial hardship upon the child;
(5) require the child to participate in a community service project;
(6) order the child to undergo a chemical dependency evaluation and, if warranted by
the evaluation, order participation by the child in a drug awareness program or an inpatient
or outpatient chemical dependency treatment program;
(7) if the court believes that it is in the best interests of the child or of public safety that
the child's driver's license or instruction permit be canceled, the court may order the
commissioner of public safety to cancel the child's license or permit for any period up to
the child's 18th birthday. If the child does not have a driver's license or permit, the court
may order a denial of driving privileges for any period up to the child's 18th birthday. The
court shall forward an order issued under this clause to the commissioner, who shall cancel
the license or permit or deny driving privileges without a hearing for the period specified
by the court. At any time before the expiration of the period of cancellation or denial, the
court may, for good cause, order the commissioner of public safety to allow the child to
apply for a license or permit, and the commissioner shall so authorize;
(8) order that the child's parent or legal guardian deliver the child to school at the
beginning of each school day for a period of time specified by the court; or
(9) require the child to perform any other activities or participate in any other treatment
programs deemed appropriate by the court.
To the extent practicable, the court shall enter a disposition order the same day it makes
a finding that a child is in need of protection or services or neglected and in foster care, but
in no event more than 15 days after the finding unless the court finds that the best interests
of the child will be served by granting a delay. If the child was under eight years of age at
the time the petition was filed, the disposition order must be entered within ten days of the
finding and the court may not grant a delay unless good cause is shown and the court finds
the best interests of the child will be served by the delay.
(c) If a child who is 14 years of age or older is adjudicated in need of protection or
services because the child is a habitual truant and truancy procedures involving the child
were previously dealt with by a school attendance review board or county attorney mediation
program under section 260A.06 or 260A.07, the court shall order a cancellation or denial
of driving privileges under paragraph (b), clause (7), for any period up to the child's 18th
birthday.
(d) In the case of a child adjudicated in need of protection or services because the child
has committed domestic abuse and been ordered excluded from the child's parent's home,
the court shall dismiss jurisdiction if the court, at any time, finds the parent is able or willing
to provide an alternative safe living arrangement for the child as defined in paragraph (f).
(e) When a parent has complied with a case plan ordered under subdivision 6 and the
child is in the care of the parent, the court may order the responsible social services agency
to monitor the parent's continued ability to maintain the child safely in the home under such
terms and conditions as the court determines appropriate under the circumstances.
(f) For the purposes of this subdivision, "alternative safe living arrangement" means a
living arrangement for a child proposed by a petitioning parent or guardian if a court excludes
the minor from the parent's or guardian's home that is separate from the victim of domestic
abuse and safe for the child respondent. A living arrangement proposed by a petitioning
parent or guardian is presumed to be an alternative safe living arrangement absent information
to the contrary presented to the court. In evaluating any proposed living arrangement, the
court shall consider whether the arrangement provides the child with necessary food, clothing,
shelter, and education in a safe environment. Any proposed living arrangement that would
place the child in the care of an adult who has been physically or sexually violent is presumed
unsafe.
Sec. 76.
Minnesota Statutes 2024, section 260C.201, subdivision 2, is amended to read:
Subd. 2.
Written findings.
(a) Any order for a disposition authorized under this section
shall contain written findings of fact to support the disposition and case plan ordered and
shall also set forth in writing the following information:
(1) why the best interests and safety of the child are served by the disposition and case
plan ordered;
(2) what alternative dispositions or services under the case plan were considered by the
court and why such dispositions or services were not appropriate in the instant case;
(3) when legal custody of the child is transferred, the appropriateness of the particular
placement made or to be made by the placing agency using the relative and sibling placement
considerations and best interest factors in section 260C.212, subdivision 2, or the
appropriateness of a child colocated with a parent in a licensed residential family-based
substance use disorder treatment program under section 260C.190;
(4) whether reasonable efforts to finalize the permanent plan for the child consistent
with section 260.012 were made including reasonable efforts:
(i) to prevent the child's placement and to reunify the child with the parent or guardian
from whom the child was removed at the earliest time consistent with the child's safety.
The court's findings must include a brief description of what preventive and reunification
efforts were made and why further efforts could not have prevented or eliminated the
necessity of removal or that reasonable efforts were not required under section 260.012 or
260C.178, subdivision 1;
(ii) to identify and locate any noncustodial or nonresident parent of the child and to
assess such parent's ability to provide day-to-day care of the child, and, where appropriate,
provide services necessary to enable the noncustodial or nonresident parent to safely provide
day-to-day care of the child as required under section 260C.219, unless such services are
not required under section 260.012 or 260C.178, subdivision 1. The court's findings must
include a description of the agency's efforts to:
(A) identify and locate the child's noncustodial or nonresident parent;
(B) assess the noncustodial or nonresident parent's ability to provide day-to-day care of
the child; and
(C) if appropriate, provide services necessary to enable the noncustodial or nonresident
parent to safely provide the child's day-to-day care, including efforts to engage the
noncustodial or nonresident parent in assuming care and responsibility of the child;
(iii) to make the diligent search for relatives and provide the notices required under
section 260C.221; a finding made pursuant to a hearing under section 260C.202 that the
agency has made diligent efforts to conduct a relative search and has appropriately engaged
relatives who responded to the notice under section 260C.221 and other relatives, who came
to the attention of the agency after notice under section 260C.221 was sent, in placement
and case planning decisions fulfills the requirement of this item;
(iv) to identify and make a foster care placement of the child, considering the order in
section 260C.212, subdivision 2, paragraph (a), in the home of an unlicensed relative,
according to the requirements of section 142B.06, a licensed relative, or other licensed foster
care provider, who will commit to being the permanent legal parent or custodian for the
child in the event reunification cannot occur, but who will actively support the reunification
plan for the child. If the court finds that the agency has not appropriately considered relatives
for placement of the child, the court shall order the agency to comply with section 260C.212,
subdivision 2, paragraph (a). The court may order the agency to continue considering
relatives for placement of the child regardless of the child's current placement setting; and
(v) to place siblings together in the same home or to ensure visitation is occurring when
siblings are separated in foster care placement and visitation is in the siblings' best interests
under section 260C.212, subdivision 2, paragraph (d); and
(5) if the child has been adjudicated as a child in need of protection or services because
the child is in need of special services or care to treat or ameliorate a mental disability or
deleted text begin emotional disturbancedeleted text end new text begin a mental illnessnew text end as defined in section 245.4871, subdivision 15, the
written findings shall also set forth:
(i) whether the child has mental health needs that must be addressed by the case plan;
(ii) what consideration was given to the diagnostic and functional assessments performed
by the child's mental health professional and to health and mental health care professionals'
treatment recommendations;
(iii) what consideration was given to the requests or preferences of the child's parent or
guardian with regard to the child's interventions, services, or treatment; and
(iv) what consideration was given to the cultural appropriateness of the child's treatment
or services.
(b) If the court finds that the social services agency's preventive or reunification efforts
have not been reasonable but that further preventive or reunification efforts could not permit
the child to safely remain at home, the court may nevertheless authorize or continue the
removal of the child.
(c) If the child has been identified by the responsible social services agency as the subject
of concurrent permanency planning, the court shall review the reasonable efforts of the
agency to develop a permanency plan for the child that includes a primary plan that is for
reunification with the child's parent or guardian and a secondary plan that is for an alternative,
legally permanent home for the child in the event reunification cannot be achieved in a
timely manner.
Sec. 77.
Minnesota Statutes 2024, section 260C.301, subdivision 4, is amended to read:
Subd. 4.
Current foster care children.
Except for cases where the child is in placement
due solely to the child's developmental disability or deleted text begin emotional disturbancedeleted text end new text begin a mental illnessnew text end ,
where custody has not been transferred to the responsible social services agency, and where
the court finds compelling reasons to continue placement, the county attorney shall file a
termination of parental rights petition or a petition to transfer permanent legal and physical
custody to a relative under section 260C.515, subdivision 4, for all children who have been
in out-of-home care for 15 of the most recent 22 months. This requirement does not apply
if there is a compelling reason approved by the court for determining that filing a termination
of parental rights petition or other permanency petition would not be in the best interests
of the child or if the responsible social services agency has not provided reasonable efforts
necessary for the safe return of the child, if reasonable efforts are required.
Sec. 78.
Minnesota Statutes 2024, section 260D.01, is amended to read:
260D.01 CHILD IN VOLUNTARY FOSTER CARE FOR TREATMENT.
(a) Sections 260D.01 to 260D.10, may be cited as the "child in voluntary foster care for
treatment" provisions of the Juvenile Court Act.
(b) The juvenile court has original and exclusive jurisdiction over a child in voluntary
foster care for treatment upon the filing of a report or petition required under this chapter.
All obligations of the responsible social services agency to a child and family in foster care
contained in chapter 260C not inconsistent with this chapter are also obligations of the
agency with regard to a child in foster care for treatment under this chapter.
(c) This chapter shall be construed consistently with the mission of the children's mental
health service system as set out in section 245.487, subdivision 3, and the duties of an agency
under sections 256B.092 and 260C.157 and Minnesota Rules, parts 9525.0004 to 9525.0016,
to meet the needs of a child with a developmental disability or related condition. This
chapter:
(1) establishes voluntary foster care through a voluntary foster care agreement as the
means for an agency and a parent to provide needed treatment when the child must be in
foster care to receive necessary treatment for deleted text begin an emotional disturbance ordeleted text end new text begin a mental illness,new text end
developmental disabilitynew text begin ,new text end or related condition;
(2) establishes court review requirements for a child in voluntary foster care for treatment
due to deleted text begin emotional disturbance ordeleted text end new text begin a mental illness,new text end developmental disabilitynew text begin ,new text end or deleted text begin adeleted text end related
condition;
(3) establishes the ongoing responsibility of the parent as legal custodian to visit the
child, to plan together with the agency for the child's treatment needs, to be available and
accessible to the agency to make treatment decisions, and to obtain necessary medical,
dental, and other care for the child;
(4) applies to voluntary foster care when the child's parent and the agency agree that the
child's treatment needs require foster care either:
(i) due to a level of care determination by the agency's screening team informed by the
child's diagnostic and functional assessment under section 245.4885; or
(ii) due to a determination regarding the level of services needed by the child by the
responsible social services agency's screening team under section 256B.092, and Minnesota
Rules, parts 9525.0004 to 9525.0016; and
(5) includes the requirements for a child's placement in sections 260C.70 to 260C.714,
when the juvenile treatment screening team recommends placing a child in a qualified
residential treatment program, except as modified by this chapter.
(d) This chapter does not apply when there is a current determination under chapter
260E that the child requires child protective services or when the child is in foster care for
any reason other than treatment for the child's deleted text begin emotional disturbance ordeleted text end new text begin mental illness,new text end
developmental disabilitynew text begin ,new text end or related condition. When there is a determination under chapter
260E that the child requires child protective services based on an assessment that there are
safety and risk issues for the child that have not been mitigated through the parent's
engagement in services or otherwise, or when the child is in foster care for any reason other
than the child's deleted text begin emotional disturbance ordeleted text end new text begin mental illness,new text end developmental disabilitynew text begin ,new text end or related
condition, the provisions of chapter 260C apply.
(e) The paramount consideration in all proceedings concerning a child in voluntary foster
care for treatment is the safety, health, and the best interests of the child. The purpose of
this chapter is:
(1) to ensure that a child with a disability is provided the services necessary to treat or
ameliorate the symptoms of the child's disability;
(2) to preserve and strengthen the child's family ties whenever possible and in the child's
best interests, approving the child's placement away from the child's parents only when the
child's need for care or treatment requires out-of-home placement and the child cannot be
maintained in the home of the parent; and
(3) to ensure that the child's parent retains legal custody of the child and associated
decision-making authority unless the child's parent willfully fails or is unable to make
decisions that meet the child's safety, health, and best interests. The court may not find that
the parent willfully fails or is unable to make decisions that meet the child's needs solely
because the parent disagrees with the agency's choice of foster care facility, unless the
agency files a petition under chapter 260C, and establishes by clear and convincing evidence
that the child is in need of protection or services.
(f) The legal parent-child relationship shall be supported under this chapter by maintaining
the parent's legal authority and responsibility for ongoing planning for the child and by the
agency's assisting the parent, when necessary, to exercise the parent's ongoing right and
obligation to visit or to have reasonable contact with the child. Ongoing planning means:
(1) actively participating in the planning and provision of educational services, medical,
and dental care for the child;
(2) actively planning and participating with the agency and the foster care facility for
the child's treatment needs;
(3) planning to meet the child's need for safety, stability, and permanency, and the child's
need to stay connected to the child's family and community;
(4) engaging with the responsible social services agency to ensure that the family and
permanency team under section 260C.706 consists of appropriate family members. For
purposes of voluntary placement of a child in foster care for treatment under chapter 260D,
prior to forming the child's family and permanency team, the responsible social services
agency must consult with the child's parent or legal guardian, the child if the child is 14
years of age or older, and, if applicable, the child's Tribe to obtain recommendations regarding
which individuals to include on the team and to ensure that the team is family-centered and
will act in the child's best interests. If the child, child's parents, or legal guardians raise
concerns about specific relatives or professionals, the team should not include those
individuals unless the individual is a treating professional or an important connection to the
youth as outlined in the case or crisis plan; and
(5) for a voluntary placement under this chapter in a qualified residential treatment
program, as defined in section 260C.007, subdivision 26d, for purposes of engaging in a
relative search as provided in section 260C.221, the county agency must consult with the
child's parent or legal guardian, the child if the child is 14 years of age or older, and, if
applicable, the child's Tribe to obtain recommendations regarding which adult relatives the
county agency should notify. If the child, child's parents, or legal guardians raise concerns
about specific relatives, the county agency should not notify those relatives.
(g) The provisions of section 260.012 to ensure placement prevention, family
reunification, and all active and reasonable effort requirements of that section apply.
Sec. 79.
Minnesota Statutes 2024, section 260D.02, subdivision 5, is amended to read:
Subd. 5.
Child in voluntary foster care for treatment.
"Child in voluntary foster care
for treatment" means a child with deleted text begin emotional disturbancedeleted text end new text begin a mental illnessnew text end or developmental
disabilitydeleted text begin ,deleted text end or who has a related condition and is in foster care under a voluntary foster care
agreement between the child's parent and the agency due to concurrence between the agency
and the parent when it is determined that foster care is medically necessary:
(1) due to a determination by the agency's screening team based on its review of the
diagnostic and functional assessment under section 245.4885; or
(2) due to a determination by the agency's screening team under section 256B.092 and
Minnesota Rules, parts 9525.0004 to 9525.0016.
A child is not in voluntary foster care for treatment under this chapter when there is a
current determination under chapter 260E that the child requires child protective services
or when the child is in foster care for any reason other than the child's deleted text begin emotional ordeleted text end new text begin mental
illness,new text end developmental disabilitynew text begin ,new text end or related condition.
Sec. 80.
Minnesota Statutes 2024, section 260D.02, subdivision 9, is amended to read:
Subd. 9.
deleted text begin Emotional disturbancedeleted text end new text begin Mental illnessnew text end .
"deleted text begin Emotional disturbancedeleted text end new text begin Mental illnessnew text end "
deleted text begin means emotional disturbance as describeddeleted text end new text begin has the meaning givennew text end in section 245.4871,
subdivision 15.
Sec. 81.
Minnesota Statutes 2024, section 260D.03, subdivision 1, is amended to read:
Subdivision 1.
Voluntary foster care.
When the agency's screening team, based upon
the diagnostic and functional assessment under section 245.4885 or medical necessity
screenings under section 256B.092, subdivision 7, determines the child's need for treatment
due to deleted text begin emotional disturbance ordeleted text end new text begin a mental illness,new text end developmental disabilitynew text begin ,new text end or related condition
requires foster care placement of the child, a voluntary foster care agreement between the
child's parent and the agency gives the agency legal authority to place the child in foster
care.
Sec. 82.
Minnesota Statutes 2024, section 260D.04, is amended to read:
260D.04 REQUIRED INFORMATION FOR A CHILD IN VOLUNTARY FOSTER
CARE FOR TREATMENT.
An agency with authority to place a child in voluntary foster care for treatment due to
deleted text begin emotional disturbance ordeleted text end new text begin a mental illness,new text end developmental disabilitynew text begin ,new text end or related conditiondeleted text begin ,deleted text end
shall inform the child, age 12 or older, of the following:
(1) the child has the right to be consulted in the preparation of the out-of-home placement
plan required under section 260C.212, subdivision 1, and the administrative review required
under section 260C.203;
(2) the child has the right to visit the parent and the right to visit the child's siblings as
determined safe and appropriate by the parent and the agency;
(3) if the child disagrees with the foster care facility or services provided under the
out-of-home placement plan required under section 260C.212, subdivision 1, the agency
shall include information about the nature of the child's disagreement and, to the extent
possible, the agency's understanding of the basis of the child's disagreement in the information
provided to the court in the report required under section 260D.06; and
(4) the child has the rights established under Minnesota Rules, part 2960.0050, as a
resident of a facility licensed by the state.
Sec. 83.
Minnesota Statutes 2024, section 260D.06, subdivision 2, is amended to read:
Subd. 2.
Agency report to court; court review.
The agency shall obtain judicial review
by reporting to the court according to the following procedures:
(a) A written report shall be forwarded to the court within 165 days of the date of the
voluntary placement agreement. The written report shall contain or have attached:
(1) a statement of facts that necessitate the child's foster care placement;
(2) the child's name, date of birth, race, gender, and current address;
(3) the names, race, date of birth, residence, and post office addresses of the child's
parents or legal custodian;
(4) a statement regarding the child's eligibility for membership or enrollment in an Indian
tribe and the agency's compliance with applicable provisions of sections 260.751 to 260.835;
(5) the names and addresses of the foster parents or chief administrator of the facility in
which the child is placed, if the child is not in a family foster home or group home;
(6) a copy of the out-of-home placement plan required under section 260C.212,
subdivision 1;
(7) a written summary of the proceedings of any administrative review required under
section 260C.203;
(8) evidence as specified in section 260C.712 when a child is placed in a qualified
residential treatment program as defined in section 260C.007, subdivision 26d; and
(9) any other information the agency, parent or legal custodian, the child or the foster
parent, or other residential facility wants the court to consider.
(b) In the case of a child in placement due to deleted text begin emotional disturbancedeleted text end new text begin a mental illnessnew text end , the
written report shall include as an attachment, the child's individual treatment plan developed
by the child's treatment professional, as provided in section 245.4871, subdivision 21, or
the child's standard written plan, as provided in section 125A.023, subdivision 3, paragraph
(e).
(c) In the case of a child in placement due to developmental disability or a related
condition, the written report shall include as an attachment, the child's individual service
plan, as provided in section 256B.092, subdivision 1b; the child's individual program plan,
as provided in Minnesota Rules, part 9525.0004, subpart 11; the child's waiver care plan;
or the child's standard written plan, as provided in section 125A.023, subdivision 3, paragraph
(e).
(d) The agency must inform the child, age 12 or older, the child's parent, and the foster
parent or foster care facility of the reporting and court review requirements of this section
and of their right to submit information to the court:
(1) if the child or the child's parent or the foster care provider wants to send information
to the court, the agency shall advise those persons of the reporting date and the date by
which the agency must receive the information they want forwarded to the court so the
agency is timely able submit it with the agency's report required under this subdivision;
(2) the agency must also inform the child, age 12 or older, the child's parent, and the
foster care facility that they have the right to be heard in person by the court and how to
exercise that right;
(3) the agency must also inform the child, age 12 or older, the child's parent, and the
foster care provider that an in-court hearing will be held if requested by the child, the parent,
or the foster care provider; and
(4) if, at the time required for the report under this section, a child, age 12 or older,
disagrees about the foster care facility or services provided under the out-of-home placement
plan required under section 260C.212, subdivision 1, the agency shall include information
regarding the child's disagreement, and to the extent possible, the basis for the child's
disagreement in the report required under this section.
(e) After receiving the required report, the court has jurisdiction to make the following
determinations and must do so within ten days of receiving the forwarded report, whether
a hearing is requested:
(1) whether the voluntary foster care arrangement is in the child's best interests;
(2) whether the parent and agency are appropriately planning for the child; and
(3) in the case of a child age 12 or older, who disagrees with the foster care facility or
services provided under the out-of-home placement plan, whether it is appropriate to appoint
counsel and a guardian ad litem for the child using standards and procedures under section
260C.163.
(f) Unless requested by a parent, representative of the foster care facility, or the child,
no in-court hearing is required in order for the court to make findings and issue an order as
required in paragraph (e).
(g) If the court finds the voluntary foster care arrangement is in the child's best interests
and that the agency and parent are appropriately planning for the child, the court shall issue
an order containing explicit, individualized findings to support its determination. The
individualized findings shall be based on the agency's written report and other materials
submitted to the court. The court may make this determination notwithstanding the child's
disagreement, if any, reported under paragraph (d).
(h) The court shall send a copy of the order to the county attorney, the agency, parent,
child, age 12 or older, and the foster parent or foster care facility.
(i) The court shall also send the parent, the child, age 12 or older, the foster parent, or
representative of the foster care facility notice of the permanency review hearing required
under section 260D.07, paragraph (e).
(j) If the court finds continuing the voluntary foster care arrangement is not in the child's
best interests or that the agency or the parent are not appropriately planning for the child,
the court shall notify the agency, the parent, the foster parent or foster care facility, the child,
age 12 or older, and the county attorney of the court's determinations and the basis for the
court's determinations. In this case, the court shall set the matter for hearing and appoint a
guardian ad litem for the child under section 260C.163, subdivision 5.
Sec. 84.
Minnesota Statutes 2024, section 260D.07, is amended to read:
260D.07 REQUIRED PERMANENCY REVIEW HEARING.
(a) When the court has found that the voluntary arrangement is in the child's best interests
and that the agency and parent are appropriately planning for the child pursuant to the report
submitted under section 260D.06, and the child continues in voluntary foster care as defined
in section 260D.02, subdivision 10, for 13 months from the date of the voluntary foster care
agreement, or has been in placement for 15 of the last 22 months, the agency must:
(1) terminate the voluntary foster care agreement and return the child home; or
(2) determine whether there are compelling reasons to continue the voluntary foster care
arrangement and, if the agency determines there are compelling reasons, seek judicial
approval of its determination; or
(3) file a petition for the termination of parental rights.
(b) When the agency is asking for the court's approval of its determination that there are
compelling reasons to continue the child in the voluntary foster care arrangement, the agency
shall file a "Petition for Permanency Review Regarding a Child in Voluntary Foster Care
for Treatment" and ask the court to proceed under this section.
(c) The "Petition for Permanency Review Regarding a Child in Voluntary Foster Care
for Treatment" shall be drafted or approved by the county attorney and be under oath. The
petition shall include:
(1) the date of the voluntary placement agreement;
(2) whether the petition is due to the child's developmental disability or deleted text begin emotional
disturbancedeleted text end new text begin mental illnessnew text end ;
(3) the plan for the ongoing care of the child and the parent's participation in the plan;
(4) a description of the parent's visitation and contact with the child;
(5) the date of the court finding that the foster care placement was in the best interests
of the child, if required under section 260D.06, or the date the agency filed the motion under
section 260D.09, paragraph (b);
(6) the agency's reasonable efforts to finalize the permanent plan for the child, including
returning the child to the care of the child's family;
(7) a citation to this chapter as the basis for the petition; and
(8) evidence as specified in section 260C.712 when a child is placed in a qualified
residential treatment program as defined in section 260C.007, subdivision 26d.
(d) An updated copy of the out-of-home placement plan required under section 260C.212,
subdivision 1, shall be filed with the petition.
(e) The court shall set the date for the permanency review hearing no later than 14 months
after the child has been in placement or within 30 days of the petition filing date when the
child has been in placement 15 of the last 22 months. The court shall serve the petition
together with a notice of hearing by United States mail on the parent, the child age 12 or
older, the child's guardian ad litem, if one has been appointed, the agency, the county
attorney, and counsel for any party.
(f) The court shall conduct the permanency review hearing on the petition no later than
14 months after the date of the voluntary placement agreement, within 30 days of the filing
of the petition when the child has been in placement 15 of the last 22 months, or within 15
days of a motion to terminate jurisdiction and to dismiss an order for foster care under
chapter 260C, as provided in section 260D.09, paragraph (b).
(g) At the permanency review hearing, the court shall:
(1) inquire of the parent if the parent has reviewed the "Petition for Permanency Review
Regarding a Child in Voluntary Foster Care for Treatment," whether the petition is accurate,
and whether the parent agrees to the continued voluntary foster care arrangement as being
in the child's best interests;
(2) inquire of the parent if the parent is satisfied with the agency's reasonable efforts to
finalize the permanent plan for the child, including whether there are services available and
accessible to the parent that might allow the child to safely be with the child's family;
(3) inquire of the parent if the parent consents to the court entering an order that:
(i) approves the responsible agency's reasonable efforts to finalize the permanent plan
for the child, which includes ongoing future planning for the safety, health, and best interests
of the child; and
(ii) approves the responsible agency's determination that there are compelling reasons
why the continued voluntary foster care arrangement is in the child's best interests; and
(4) inquire of the child's guardian ad litem and any other party whether the guardian or
the party agrees that:
(i) the court should approve the responsible agency's reasonable efforts to finalize the
permanent plan for the child, which includes ongoing and future planning for the safety,
health, and best interests of the child; and
(ii) the court should approve of the responsible agency's determination that there are
compelling reasons why the continued voluntary foster care arrangement is in the child's
best interests.
(h) At a permanency review hearing under this section, the court may take the following
actions based on the contents of the sworn petition and the consent of the parent:
(1) approve the agency's compelling reasons that the voluntary foster care arrangement
is in the best interests of the child; and
(2) find that the agency has made reasonable efforts to finalize the permanent plan for
the child.
(i) A child, age 12 or older, may object to the agency's request that the court approve its
compelling reasons for the continued voluntary arrangement and may be heard on the reasons
for the objection. Notwithstanding the child's objection, the court may approve the agency's
compelling reasons and the voluntary arrangement.
(j) If the court does not approve the voluntary arrangement after hearing from the child
or the child's guardian ad litem, the court shall dismiss the petition. In this case, either:
(1) the child must be returned to the care of the parent; or
(2) the agency must file a petition under section 260C.141, asking for appropriate relief
under sections 260C.301 or 260C.503 to 260C.521.
(k) When the court approves the agency's compelling reasons for the child to continue
in voluntary foster care for treatment, and finds that the agency has made reasonable efforts
to finalize a permanent plan for the child, the court shall approve the continued voluntary
foster care arrangement, and continue the matter under the court's jurisdiction for the purposes
of reviewing the child's placement every 12 months while the child is in foster care.
(l) A finding that the court approves the continued voluntary placement means the agency
has continued legal authority to place the child while a voluntary placement agreement
remains in effect. The parent or the agency may terminate a voluntary agreement as provided
in section 260D.10. Termination of a voluntary foster care placement of an Indian child is
governed by section 260.765, subdivision 4.
Sec. 85.
Minnesota Statutes 2024, section 260E.11, subdivision 3, is amended to read:
Subd. 3.
Report to medical examiner or coroner; notification to local agency and
law enforcement; report ombudsman.
(a) A person mandated to report maltreatment who
knows or has reason to believe a child has died as a result of maltreatment shall report that
information to the appropriate medical examiner or coroner instead of the local welfare
agency, police department, or county sheriff.
(b) The medical examiner or coroner shall notify the local welfare agency, police
department, or county sheriff in instances in which the medical examiner or coroner believes
that the child has died as a result of maltreatment. The medical examiner or coroner shall
complete an investigation as soon as feasible and report the findings to the police department
or county sheriff and the local welfare agency.
(c) If the child was receiving services or treatment for mental illness, developmental
disability,new text begin ornew text end substance use disorderdeleted text begin , or emotional disturbancedeleted text end from an agency, facility, or
program as defined in section 245.91, the medical examiner or coroner shall also notify and
report findings to the ombudsman established under sections 245.91 to 245.97.
Sec. 86.
Minnesota Statutes 2024, section 295.50, subdivision 9b, is amended to read:
Subd. 9b.
Patient services.
(a) "Patient services" means inpatient and outpatient services
and other goods and services provided by hospitals, surgical centers, or health care providers.
They include the following health care goods and services provided to a patient or consumer:
(1) bed and board;
(2) nursing services and other related services;
(3) use of hospitals, surgical centers, or health care provider facilities;
(4) medical social services;
(5) drugs, biologicals, supplies, appliances, and equipment;
(6) other diagnostic or therapeutic items or services;
(7) medical or surgical services;
(8) items and services furnished to ambulatory patients not requiring emergency care;
and
(9) emergency services.
(b) "Patient services" does not include:
(1) services provided to nursing homes licensed under chapter 144A;
(2) examinations for purposes of utilization reviews, insurance claims or eligibility,
litigation, and employment, including reviews of medical records for those purposes;
(3) services provided to and by community residential mental health facilities licensed
under section 245I.23 or Minnesota Rules, parts 9520.0500 to 9520.0670, and to and by
residential treatment programs for children with deleted text begin severe emotional disturbancedeleted text end new text begin a serious
mental illnessnew text end licensed or certified under chapter 245A;
(4) services provided under the following programs: day treatment services as defined
in section 245.462, subdivision 8; assertive community treatment as described in section
256B.0622; adult rehabilitative mental health services as described in section 256B.0623;
crisis response services as described in section 256B.0624; and children's therapeutic services
and supports as described in section 256B.0943;
(5) services provided to and by community mental health centers as defined in section
245.62, subdivision 2;
(6) services provided to and by assisted living programs and congregate housing
programs;
(7) hospice care services;
(8) home and community-based waivered services under chapter 256S and sections
256B.49 and 256B.501;
(9) targeted case management services under sections 256B.0621; 256B.0625,
subdivisions 20, 20a, 33, and 44; and 256B.094; and
(10) services provided to the following: supervised living facilities for persons with
developmental disabilities licensed under Minnesota Rules, parts 4665.0100 to 4665.9900;
housing with services establishments required to be registered under chapter 144D; board
and lodging establishments providing only custodial services that are licensed under chapter
157 and registered under section 157.17 to provide supportive services or health supervision
services; adult foster homes as defined in Minnesota Rules, part 9555.5105; day training
and habilitation services for adults with developmental disabilities as defined in section
252.41, subdivision 3; boarding care homes as defined in Minnesota Rules, part 4655.0100;
adult day care services as defined in section 245A.02, subdivision 2a; and home health
agencies as defined in Minnesota Rules, part 9505.0175, subpart 15, or licensed under
chapter 144A.
ARTICLE 9
MISCELLANEOUS
Section 1.
Minnesota Statutes 2024, section 62Q.75, subdivision 3, is amended to read:
Subd. 3.
Claims filing.
new text begin (a) new text end Unless otherwise provided by contract, by section 16A.124,
subdivision 4a, or by federal law, the health care providers and facilities specified in
subdivision 2 must submit their charges to a health plan company or third-party administrator
within six months from the date of service or the date the health care provider knew or was
informed of the correct name and address of the responsible health plan company or
third-party administrator, whichever is later.
new text begin (b) new text end A health care provider or facility that does not make an initial submission of charges
within the six-month period new text begin in paragraph (a), the 12-month period in paragraph (c), or the
additional six-month period in paragraph (d) new text end shall not be reimbursed for the charge and may
not collect the charge from the recipient of the service or any other payer.
new text begin (c) new text end The six-month submission requirement new text begin in paragraph (a) new text end may be extended to 12
months in cases where a health care provider or facility specified in subdivision 2 has
determined and can substantiate that it has experienced a significant disruption to normal
operations that materially affects the ability to conduct business in a normal manner and to
submit claims on a timely basis.
new text begin
(d) The six-month submission requirement in paragraph (a) must be extended an
additional six months if a health plan company or third-party administrator makes any
adjustment or recoupment of payment. The additional six months begins on the date the
health plan company or third-party administrator adjusts or recoups the payment.
new text end
new text begin
(e) Any request by a health care provider or facility under paragraph (c) or (d) must
reference that the submission is pursuant to this subdivision.
new text end
new text begin (f) new text end Any request by a health care provider or facility specified in subdivision 2 for an
exception to a contractually defined claims submission timeline must be reviewed and acted
upon by the health plan company within the same time frame as the contractually agreed
upon claims filing timeline.
new text begin (g) new text end This subdivision also applies to all health care providers and facilities that submit
charges to workers' compensation payers for treatment of a workers' compensation injury
compensable under chapter 176, or to reparation obligors for treatment of an injury
compensable under chapter 65B.
Sec. 2.
Minnesota Statutes 2024, section 256.01, is amended by adding a subdivision to
read:
new text begin Subd. 44. new text end
new text begin Notification of federal approval; report. new text end
new text begin
(a) For any provision over which
the commissioner has jurisdiction and that has an effective date contingent upon federal
approval, whether the contingency is expressed in an effective date, in the text of a statutory
provision, or in the text of an uncodified section of session law, the commissioner must
establish and maintain a public list, according to paragraph (b), of which enacted provisions
contain such contingent federal approval and when federal approval is obtained for any
such provision.
new text end
new text begin
(b) The commissioner must post, in a single location on the department's public website,
regular status updates on all provisions of Minnesota Statutes and Laws of Minnesota enacted
with an effective date contingent on federal approval. The commissioner must update the
list monthly to identify:
new text end
new text begin
(1) provisions of Minnesota Statutes and Laws of Minnesota the commissioner has
requested federal authority to effectuate;
new text end
new text begin
(2) the status of the commissioner's request for federal approval;
new text end
new text begin
(3) the date of federal approval, denial, or an alternative outcome; and
new text end
new text begin
(4) the effective dates for approved provisions.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective December 1, 2025.
new text end
Sec. 3. new text begin REPEALER.
new text end
new text begin
Minnesota Rules, part 9505.0250, subparts 1, 2, and 3,
new text end
new text begin
are repealed.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
APPENDIX
Repealed Minnesota Statutes: H2115-3
144A.071 MORATORIUM ON CERTIFICATION OF NURSING HOME BEDS.
Subd. 4c.
Exceptions for replacement beds after June 30, 2003.
(a) The commissioner of health, in coordination with the commissioner of human services, may approve the renovation, replacement, upgrading, or relocation of a nursing home or boarding care home, under the following conditions:
(1) to license and certify an 80-bed city-owned facility in Nicollet County to be constructed on the site of a new city-owned hospital to replace an existing 85-bed facility attached to a hospital that is also being replaced. The threshold allowed for this project under section 144A.073 shall be the maximum amount available to pay the additional medical assistance costs of the new facility;
(2) to license and certify 29 beds to be added to an existing 69-bed facility in St. Louis County, provided that the 29 beds must be transferred from active or layaway status at an existing facility in St. Louis County that had 235 beds on April 1, 2003.
The licensed capacity at the 235-bed facility must be reduced to 206 beds, but the payment rate at that facility shall not be adjusted as a result of this transfer. The operating payment rate of the facility adding beds after completion of this project shall be the same as it was on the day prior to the day the beds are licensed and certified. This project shall not proceed unless it is approved and financed under the provisions of section 144A.073;
(3) to license and certify a new 60-bed facility in Austin, provided that: (i) 45 of the new beds are transferred from a 45-bed facility in Austin under common ownership that is closed and 15 of the new beds are transferred from a 182-bed facility in Albert Lea under common ownership; (ii) the commissioner of human services is authorized by the 2004 legislature to negotiate budget-neutral planned nursing facility closures; and (iii) money is available from planned closures of facilities under common ownership to make implementation of this clause budget-neutral to the state. The bed capacity of the Albert Lea facility shall be reduced to 167 beds following the transfer. Of the 60 beds at the new facility, 20 beds shall be used for a special care unit for persons with Alzheimer's disease or related dementias;
(4) to license and certify up to 80 beds transferred from an existing state-owned nursing facility in Cass County to a new facility located on the grounds of the Ah-Gwah-Ching campus. The operating cost payment rates for the new facility shall be determined based on the interim and settle-up payment provisions of section 256R.27 and the reimbursement provisions of chapter 256R. The property payment rate for the first three years of operation shall be $35 per day. For subsequent years, the property payment rate of $35 per day shall be adjusted for inflation as provided in section 256B.434, subdivision 4, paragraph (c), as long as the facility has a contract under section 256B.434;
(5) to initiate a pilot program to license and certify up to 80 beds transferred from an existing county-owned nursing facility in Steele County relocated to the site of a new acute care facility as part of the county's Communities for a Lifetime comprehensive plan to create innovative responses to the aging of its population. Upon relocation to the new site, the nursing facility shall delicense 28 beds. The payment rate for external fixed costs for the new facility shall be increased by an amount as calculated according to items (i) to (v):
(i) compute the estimated decrease in medical assistance residents served by the nursing facility by multiplying the decrease in licensed beds by the historical percentage of medical assistance resident days;
(ii) compute the annual savings to the medical assistance program from the delicensure of 28 beds by multiplying the anticipated decrease in medical assistance residents, determined in item (i), by the existing facility's weighted average payment rate multiplied by 365;
(iii) compute the anticipated annual costs for community-based services by multiplying the anticipated decrease in medical assistance residents served by the nursing facility, determined in item (i), by the average monthly elderly waiver service costs for individuals in Steele County multiplied by 12;
(iv) subtract the amount in item (iii) from the amount in item (ii);
(v) divide the amount in item (iv) by an amount equal to the relocated nursing facility's occupancy factor under section 256B.431, subdivision 3f, paragraph (c), multiplied by the historical percentage of medical assistance resident days; and
(6) to consolidate and relocate nursing facility beds to a new site in Goodhue County and to integrate these services with other community-based programs and services under a communities for a lifetime pilot program and comprehensive plan to create innovative responses to the aging of its population. Two nursing facilities, one for 84 beds and one for 65 beds, in the city of Red Wing licensed on July 1, 2015, shall be consolidated into a newly renovated 64-bed nursing facility resulting in the delicensure of 85 beds. Notwithstanding the carryforward of the approval authority in section 144A.073, subdivision 11, the funding approved in April 2009 by the commissioner of health for a project in Goodhue County shall not carry forward. The closure of the 85 beds shall not be eligible for a planned closure rate adjustment under section 256R.40. The construction project permitted in this clause shall not be eligible for a threshold project rate adjustment under section 256B.434, subdivision 4f. The payment rate for external fixed costs for the new facility shall be increased by an amount as calculated according to items (i) to (vi):
(i) compute the estimated decrease in medical assistance residents served by both nursing facilities by multiplying the difference between the occupied beds of the two nursing facilities for the reporting year ending September 30, 2009, and the projected occupancy of the facility at 95 percent occupancy by the historical percentage of medical assistance resident days;
(ii) compute the annual savings to the medical assistance program from the delicensure by multiplying the anticipated decrease in the medical assistance residents, determined in item (i), by the hospital-owned nursing facility weighted average payment rate multiplied by 365;
(iii) compute the anticipated annual costs for community-based services by multiplying the anticipated decrease in medical assistance residents served by the facilities, determined in item (i), by the average monthly elderly waiver service costs for individuals in Goodhue County multiplied by 12;
(iv) subtract the amount in item (iii) from the amount in item (ii);
(v) multiply the amount in item (iv) by 57.2 percent; and
(vi) divide the difference of the amount in item (iv) and the amount in item (v) by an amount equal to the relocated nursing facility's occupancy factor under section 256B.431, subdivision 3f, paragraph (c), multiplied by the historical percentage of medical assistance resident days.
(b) Projects approved under this subdivision shall be treated in a manner equivalent to projects approved under subdivision 4a.
144G.9999 RESIDENT QUALITY OF CARE AND OUTCOMES IMPROVEMENT TASK FORCE.
Subdivision 1.
Establishment.
The commissioner shall establish a Resident Quality of Care and Outcomes Improvement Task Force to examine and make recommendations, on an ongoing basis, on how to apply proven safety and quality improvement practices and infrastructure to settings and providers that provide long-term services and supports.
Subd. 2.
Membership.
The task force shall include representation from:
(1) nonprofit Minnesota-based organizations dedicated to patient safety or innovation in health care safety and quality;
(2) Department of Health staff with expertise in issues related to safety and adverse health events;
(3) consumer organizations;
(4) direct care providers or their representatives;
(5) organizations representing long-term care providers and home care providers in Minnesota;
(6) the ombudsman for long-term care or a designee;
(7) national patient safety experts; and
(8) other experts in the safety and quality improvement field.
The task force shall have at least one public member who either is or has been a resident in an assisted living setting and one public member who has or had a family member living in an assisted living setting. The membership shall be voluntary except that public members may be reimbursed under section 15.059, subdivision 3.
Subd. 3.
Recommendations.
The task force shall periodically provide recommendations to the commissioner and the legislature on changes needed to promote safety and quality improvement practices in long-term care settings and with long-term care providers. The task force shall meet no fewer than four times per year. The task force shall be established by July 1, 2020.
245.4862 MENTAL HEALTH URGENT CARE AND PSYCHIATRIC CONSULTATION.
Subdivision 1.
Mental health urgent care and psychiatric consultation.
The commissioner shall include mental health urgent care and psychiatric consultation services as part of, but not limited to, the redesign of six community-based behavioral health hospitals and the Anoka-Metro Regional Treatment Center. These services must not duplicate existing services in the region, and must be implemented as specified in subdivisions 3 to 7.
Subd. 2.
Definitions.
For purposes of this section:
(a) Mental health urgent care includes:
(1) initial mental health screening;
(2) mobile crisis assessment and intervention;
(3) rapid access to psychiatry, including psychiatric evaluation, initial treatment, and short-term psychiatry;
(4) nonhospital crisis stabilization residential beds; and
(5) health care navigator services that include, but are not limited to, assisting uninsured individuals in obtaining health care coverage.
(b) Psychiatric consultation services includes psychiatric consultation to primary care practitioners.
Subd. 3.
Rapid access to psychiatry.
The commissioner shall develop rapid access to psychiatric services based on the following criteria:
(1) the individuals who receive the psychiatric services must be at risk of hospitalization and otherwise unable to receive timely services;
(2) where clinically appropriate, the service may be provided via interactive video where the service is provided in conjunction with an emergency room, a local crisis service, or a primary care or behavioral care practitioner; and
(3) the commissioner may integrate rapid access to psychiatry with the psychiatric consultation services in subdivision 4.
Subd. 4.
Collaborative psychiatric consultation.
(a) The commissioner shall establish a collaborative psychiatric consultation service based on the following criteria:
(1) the service may be available via telephone, interactive video, email, or other means of communication to emergency rooms, local crisis services, mental health professionals, and primary care practitioners, including pediatricians;
(2) the service shall be provided by a multidisciplinary team including, at a minimum, a child and adolescent psychiatrist, an adult psychiatrist, and a licensed clinical social worker;
(3) the service shall include a triage-level assessment to determine the most appropriate response to each request, including appropriate referrals to other mental health professionals, as well as provision of rapid psychiatric access when other appropriate services are not available;
(4) the first priority for this service is to provide the consultations required under section 256B.0625, subdivision 13j; and
(5) the service must encourage use of cognitive and behavioral therapies and other evidence-based treatments in addition to or in place of medication, where appropriate.
(b) The commissioner shall appoint an interdisciplinary work group to establish appropriate medication and psychotherapy protocols to guide the consultative process, including consultation with the Drug Utilization Review Board, as provided in section 256B.0625, subdivision 13j.
Subd. 5.
Phased availability.
(a) The commissioner may phase in the availability of mental health urgent care services based on the limits of appropriations and the commissioner's determination of level of need and cost-effectiveness.
(b) For subdivisions 3 and 4, the first phase must focus on adults in Hennepin and Ramsey Counties and children statewide who are affected by section 256B.0625, subdivision 13j, and must include tracking of costs for the services provided and associated impacts on utilization of inpatient, emergency room, and other services.
Subd. 6.
Limited appropriations.
The commissioner shall maximize use of available health care coverage for the services provided under this section. The commissioner's responsibility to provide these services for individuals without health care coverage must not exceed the appropriations for this section.
Subd. 7.
Flexible implementation.
To implement this section, the commissioner shall select the structure and funding method that is the most cost-effective for each county or group of counties. This may include grants, contracts, service agreements with the Direct Care and Treatment executive board, and public-private partnerships. Where feasible, the commissioner shall make any grants under this section a part of the integrated adult mental health initiative grants under section 245.4661.
245A.042 HOME AND COMMUNITY-BASED SERVICES; ADDITIONAL STANDARDS AND PROCEDURES.
Subd. 2.
Modified application procedures.
(a) Applicants seeking chapter 245D licensure who meet the following criteria are subject to modified application procedures:
(1) the applicant holds a chapter 245B license issued on or before December 31, 2012, at the time of application;
(2) the applicant's chapter 245B license or licenses are in substantial compliance according to the licensing standards in this chapter and chapter 245B; and
(3) the commissioner has conducted at least one on-site inspection of the chapter 245B license or licenses within the two-year period before submitting the chapter 245D license application.
For purposes of this subdivision, "substantial compliance" means the commissioner has not issued a sanction according to section 245A.07 against any chapter 245B license held by the applicant or made the chapter 245B license or licenses conditional according to section 245A.06 within the 12-month period before submitting the application for chapter 245D licensure.
(b) The modified application procedures mean the commissioner must accept the applicant's attestation of compliance with certain requirements in lieu of providing information to the commissioner for evaluation that is otherwise required when seeking chapter 245D licensure.
Subd. 3.
Implementation.
(a) The commissioner shall implement the responsibilities of this chapter according to the timelines in paragraphs (b) and (c) only within the limits of available appropriations or other administrative cost recovery methodology.
(b) The licensure of home and community-based services according to this section shall be implemented January 1, 2014. License applications shall be received and processed on a phased-in schedule as determined by the commissioner beginning July 1, 2013. Licenses will be issued thereafter upon the commissioner's determination that the application is complete according to section 245A.04.
(c) Within the limits of available appropriations or other administrative cost recovery methodology, implementation of compliance monitoring must be phased in after January 1, 2014.
(1) Applicants who do not currently hold a license issued under chapter 245B must receive an initial compliance monitoring visit after 12 months of the effective date of the initial license for the purpose of providing technical assistance on how to achieve and maintain compliance with the applicable law or rules governing the provision of home and community-based services under chapter 245D. If during the review the commissioner finds that the license holder has failed to achieve compliance with an applicable law or rule and this failure does not imminently endanger the health, safety, or rights of the persons served by the program, the commissioner may issue a licensing review report with recommendations for achieving and maintaining compliance.
(2) Applicants who do currently hold a license issued under this chapter must receive a compliance monitoring visit after 24 months of the effective date of the initial license.
(d) Nothing in this subdivision shall be construed to limit the commissioner's authority to suspend or revoke a license or issue a fine at any time under section 245A.07, or issue correction orders and make a license conditional for failure to comply with applicable laws or rules under section 245A.06, based on the nature, chronicity, or severity of the violation of law or rule and the effect of the violation on the health, safety, or rights of persons served by the program.
(e) License holders governed under chapter 245D must ensure compliance with the following requirements within the stated timelines:
(1) service initiation and service planning requirements must be met at the next annual meeting of the person's support team or by January 1, 2015, whichever is later, for the following:
(i) provision of a written notice that identifies the service recipient rights and an explanation of those rights as required under section 245D.04, subdivision 1;
(ii) service planning for basic support services as required under section 245D.07, subdivision 2; and
(iii) service planning for intensive support services under section 245D.071, subdivisions 3 and 4;
(2) staff orientation to program requirements as required under section 245D.09, subdivision 4, for staff hired before January 1, 2014, must be met by January 1, 2015. The license holder may otherwise provide documentation verifying these requirements were met before January 1, 2014;
(3) development of policy and procedures as required under section 245D.11, must be completed no later than August 31, 2014;
(4) written or electronic notice and copies of policies and procedures must be provided to all persons or their legal representatives and case managers as required under section 245D.10, subdivision 4, paragraphs (b) and (c), by September 15, 2014, or within 30 days of development of the required policies and procedures, whichever is earlier; and
(5) all employees must be informed of the revisions and training must be provided on implementation of the revised policies and procedures as required under section 245D.10, subdivision 4, paragraph (d), by September 15, 2014, or within 30 days of development of the required policies and procedures, whichever is earlier.
Subd. 4.
Stakeholder consultation.
The commissioner shall consult with the existing stakeholder group established as part of the provider standards process to gather input related to the development of an administrative cost recovery methodology to implement the provisions in chapter 245D.
245A.11 SPECIAL CONDITIONS FOR RESIDENTIAL PROGRAMS.
Subd. 8.
Community residential setting license.
(a) The commissioner shall establish provider standards for residential support services that integrate service standards and the residential setting under one license. The commissioner shall propose statutory language and an implementation plan for licensing requirements for residential support services to the legislature by January 15, 2012, as a component of the quality outcome standards recommendations required by Laws 2010, chapter 352, article 1, section 24.
(b) Providers licensed under chapter 245B, and providing, contracting, or arranging for services in settings licensed as adult foster care under Minnesota Rules, parts 9555.5105 to 9555.6265; and meeting the provisions of section 245D.02, subdivision 4a, must be required to obtain a community residential setting license.
246.015 CONSULTATIVE SERVICES; AFTERCARE OF PATIENTS.
Subd. 3.
Authorization.
The Direct Care and Treatment executive board may authorize state-operated services to provide consultative services for courts, state welfare agencies, and supervise the placement and aftercare of patients, on a fee-for-service basis as defined in section 246.50, provisionally or otherwise discharged from a state-operated services facility. State-operated services may also promote and conduct programs of education relating to mental health. The executive board shall administer, expend, and distribute federal funds which may be made available to the state and other funds not appropriated by the legislature, which may be made available to the state for mental health purposes.
246.50 CARE OF CLIENTS AT STATE FACILITIES; DEFINITIONS.
Subd. 2.
Commissioner.
"Commissioner" means the commissioner of human services of the state of Minnesota.
246B.04 RULES; EVALUATION.
Subd. 1a.
Program evaluation.
The executive board shall establish an evaluation process to measure outcomes and behavioral changes as a result of treatment compared with incarceration without treatment to determine the value, if any, of treatment in protecting the public.
256B.0622 ASSERTIVE COMMUNITY TREATMENT AND INTENSIVE RESIDENTIAL TREATMENT SERVICES.
Subd. 4.
Provider entity licensure and contract requirements for intensive residential treatment services.
(a) The commissioner shall develop procedures for counties and providers to submit other documentation as needed to allow the commissioner to determine whether the standards in this section are met.
(b) A provider entity must specify in the provider entity's application what geographic area and populations will be served by the proposed program. A provider entity must document that the capacity or program specialties of existing programs are not sufficient to meet the service needs of the target population. A provider entity must submit evidence of ongoing relationships with other providers and levels of care to facilitate referrals to and from the proposed program.
(c) A provider entity must submit documentation that the provider entity requested a statement of need from each county board and tribal authority that serves as a local mental health authority in the proposed service area. The statement of need must specify if the local mental health authority supports or does not support the need for the proposed program and the basis for this determination. If a local mental health authority does not respond within 60 days of the receipt of the request, the commissioner shall determine the need for the program based on the documentation submitted by the provider entity.
Repealed Minnesota Session Laws: H2115-3
Laws 2024, chapter 79, article 1, section 15 by Laws 2025, chapter 38, article 3, section 87
Laws 2024, chapter 79, article 1, section 16 by Laws 2025, chapter 38, article 3, section 87
Laws 2024, chapter 79, article 1, section 17 by Laws 2025, chapter 38, article 3, section 87
Repealed Minnesota Rule: H2115-3
9505.0250 CLINIC SERVICES.
Subpart 1.
Definition.
"Clinic service" means a preventive, diagnostic, therapeutic, rehabilitative, or palliative service provided by a facility that is not part of a hospital but provides medical or dental care to outpatients.
Subp. 2.
Eligible provider.
To be eligible for medical assistance payment for a clinic service, a clinic must comply with items A to C.
A.
The clinic must have a federal employer's identification number and must report the number to the department.