HF 2196

Introduction - 94th Legislature (2025 - 2026)

Posted on 04/24/2025 04:55 p.m.

A bill for an act
relating to mental health; updating mental health terminology; amending Minnesota
Statutes 2024, sections 62Q.527, subdivisions 1, 2, 3; 121A.61, subdivision 3;
128C.02, subdivision 5; 142G.02, subdivision 56; 142G.27, subdivision 4; 142G.42,
subdivision 3; 245.462, subdivision 4; 245.4682, subdivision 3; 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; 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, 4; 245.4882, subdivisions
1, 5; 245.4884; 245.4885, subdivision 1; 245.4889, subdivision 1; 245.4907,
subdivision 2; 245.491, subdivision 2; 245.492, subdivision 3; 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.26, subdivisions 1, 2; 245I.05,
subdivisions 3, 5; 245I.11, subdivision 5; 246C.12, subdivision 4; 252.27,
subdivision 1; 256B.02, subdivision 11; 256B.055, subdivision 12; 256B.0616,
subdivision 1; 256B.0757, subdivision 2; 256B.0943, subdivisions 1, 3, 9, 12, 13;
256B.0945, subdivision 1; 256B.0946, subdivision 6; 256B.0947, subdivision 3a;
256B.69, subdivision 23; 256B.77, subdivision 7a; 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.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

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 section deleted text end new text begin sections new text end 245.462, subdivision
20, paragraph (a) new text begin , and 245.4871, subdivision 15 new 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 or deleted 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 disturbance deleted 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 disturbance deleted text end new text begin mental illness new 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 abuse deleted text begin , deleted text end new text begin or new 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 illness new 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 disturbance deleted text end new text begin serious mental illness new 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 disturbance deleted text end new text begin serious mental illness new 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 or deleted text end as a child had deleted text begin severe emotional
disturbance deleted text end new text begin a serious mental illness new 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
disturbance deleted 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 or new text end mental illness deleted text begin , or emotional disturbance deleted 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 disturbance deleted 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 either deleted text end a serious mental illness deleted text begin or emotional disturbance deleted 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 disturbed deleted text end children new text begin with mental illness new 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 disturbance deleted text end new text begin a serious mental illness new 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 disturbance deleted text end new text begin serious mental illness new 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 disturbance deleted text end new text begin serious mental illness new 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 disturbance deleted text end new text begin mental illness new 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
disturbance deleted text end new text begin serious mental illness new 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 disturbance deleted text end new text begin serious mental illness new 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 disturbance deleted text end new text begin mental illness new 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 disturbances deleted text end new text begin mental illness new 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 disturbance deleted text end new text begin
serious mental illness new 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
disturbance deleted text end new text begin serious mental illness new 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 disturbance deleted text end new text begin serious mental illness new text end .

For purposes
of eligibility for case management and family community support services, "child with
deleted text begin severe emotional disturbance deleted text end new text begin serious mental illness new text end " means a child who has deleted text begin an emotional
disturbance deleted text end new text begin a mental illness new 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 disturbance deleted text end new text begin a mental illness new text end ;
or

(2) the child is a Minnesota resident and is receiving inpatient treatment or residential
treatment for deleted text begin an emotional disturbance deleted text end new text begin a mental illness new 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 disturbance deleted text end new text begin a mental illness new 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 disturbance deleted text end new text begin a mental illness new 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
disturbances deleted text end new text begin children's mental illnesses new 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 disturbances deleted text end new text begin mental illnesses new 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 disturbance deleted text end new text begin Mental illness new 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 illness new 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 disturbance deleted text end new text begin serious mental illness new 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 disturbance deleted text end new text begin serious mental illness new 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 disturbance deleted text end new text begin serious mental illness new 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 disturbance deleted text end new text begin serious mental illness new 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 disturbance deleted text end new text begin mental illness new 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 disturbance deleted text end new text begin a mental illness new 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 disturbance deleted text end new text begin a mental illness new 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 disturbance deleted text end new text begin a mental illness new 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 disturbances deleted text end new text begin mental illnesses new 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
disturbances deleted text end new text begin mental illnesses new 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 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 disturbance deleted text end new text begin a mental illness: new text end (1) who are at risk of deleted text begin out-of-home placement deleted text end new text begin
residential treatment or therapeutic foster care new text end ; (2) who are in deleted text begin out-of-home placement deleted text end new text begin
residential treatment or therapeutic foster care new text end ; or (3) who are returning from deleted text begin out-of-home
placement deleted text end new text begin residential treatment or therapeutic foster care new 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 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. 26.

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 disturbances deleted text end new text begin
mental illnesses new text end under Minnesota Rules, parts 2960.0580 to 2960.0700, or other rules adopted
by the commissioner.

Sec. 27.

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 disturbance deleted text end new text begin serious mental illnesses new 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. 28.

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 disturbances deleted text end new text begin mental illnesses new text end of all agencies represented;

(2) develop mechanisms for interagency coordination on behalf of children with deleted text begin emotional
disturbances deleted text end new text begin mental illnesses new 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. 29.

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 disturbance deleted text end new text begin
serious mental illness new 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 facility deleted text begin , acute care hospital inpatient treatment, or informal admission
to a regional treatment center deleted 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 placement deleted text end new text begin residential treatment or therapeutic foster care new 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 placement deleted text end new text begin
residential treatment or foster care new 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. 30.

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 disturbance deleted text end new text begin serious mental illness new 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 disturbance deleted text end new text begin
mental illness new 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. 31.

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 disturbance deleted text end new text begin
serious mental illness new 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. 32.

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 disturbance deleted text end new text begin serious mental illness new 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. 33.

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 disturbances deleted text end new text begin mental illnesses new 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 disturbances deleted text end new text begin mental illnesses new 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
disturbances deleted text end new text begin mental illnesses new 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 disturbances deleted text end new text begin mental illnesses new text end ; and

(6) refer each child with deleted text begin emotional disturbance deleted text end new text begin mental illness new text end or the child's family with
additional mental health needs to appropriate mental health services.

Sec. 34.

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 disturbance deleted text end new text begin mental illness new 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. 35.

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
disturbance deleted text end new text begin mental illness new 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. 36.

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 disturbance deleted text end new text begin serious
mental illness new 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
disturbance deleted text end new text begin mental illness new 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 disturbance deleted text end new text begin serious mental
illness new 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. 37.

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 disturbance deleted text end new text begin serious mental illness new 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. 38.

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 disturbance deleted text end new text begin serious mental illness new 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 disturbance deleted text end new text begin serious mental illness new text end in the home.

Sec. 39.

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 disturbance deleted text end new text begin
mental illness new 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. 40.

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 disturbance deleted text end new text begin serious
mental illness new 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 disturbance deleted text end new text begin serious mental illness new 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
disturbance deleted text end new text begin serious mental illness new 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 disturbance deleted text end new text begin
serious mental illness new text end who is at risk of deleted text begin out-of-home placement deleted text end new text begin residential treatment or
therapeutic foster care new text end due to the child's deleted text begin emotional disturbance deleted text end new text begin mental illness new text end or who is
returning to the home from deleted text begin out-of-home placement deleted text end new text begin residential treatment or therapeutic
foster care new 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 disturbance deleted text end new text begin serious mental illness new text end who is at risk
of or who is returning from deleted text begin out-of-home placement deleted text end new text begin residential treatment or therapeutic
foster care new 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 disturbance deleted text end new text begin mental illness new text end that contribute to
a risk of deleted text begin out-of-home placement deleted text end new text begin residential treatment or therapeutic foster care new 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 placement deleted text end new text begin residential treatment or therapeutic foster care new text end
for the identified child with deleted text begin severe emotional disturbance deleted text end new text begin serious mental illness new text end and other
siblings or successfully reunify and reintegrate into the family a child returning from
deleted text begin out-of-home placement deleted text end new text begin residential treatment or therapeutic foster care new text end due to deleted text begin emotional
disturbance deleted text end new text begin mental illness new 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 disturbance deleted text end new text begin serious
mental illness new 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 disturbance deleted text end new text begin serious mental illness new text end and the child's family in applying for federal
benefits, including Supplemental Security Income, medical assistance, and Medicare.

Sec. 41.

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 disturbance deleted text end new text begin
serious mental illness new 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. 42.

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 disturbances deleted text end new text begin mental illness new 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 disturbances deleted text end new text begin mental illness new text end or deleted text begin severe
emotional disturbances deleted text end new text begin serious mental illness new text end who are at risk of residential treatment or
hospitalization deleted text begin , deleted text end new text begin ; new text end who are already in deleted text begin out-of-home placement deleted text end new text begin residential treatment, therapeutic
foster care, or new text end in family foster settings as defined in chapter 142B and at risk of change in
deleted text begin out-of-home placement deleted text end new text begin foster care new text end or placement in a residential facility or other higher level
of care deleted text begin , deleted text end new text begin ; new text end who have utilized crisis services or emergency room services deleted 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. 43.

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 disturbance deleted text end new text begin a mental illness new text end or deleted text begin severe emotional disturbance deleted text end new text begin serious
mental illness new 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. 44.

Minnesota Statutes 2024, section 245.491, subdivision 2, is amended to read:

Subd. 2.

Purpose.

The legislature finds that children with new text begin mental illnesses or new 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. 45.

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 disturbances deleted text end new text begin mental
illnesses new 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. 46.

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
disturbances deleted text end new text begin mental illnesses new 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 disturbances deleted text end new text begin mental illnesses new text end ;

(7) a present or former consumer of adolescent mental health services;

(8) educators currently working with deleted text begin emotionally disturbed deleted text end children new text begin with mental illnesses new text end ;

(9) people knowledgeable about the needs of deleted text begin emotionally disturbed deleted text end children new text begin with mental
illnesses new text end of minority races and cultures;

(10) people experienced in working with deleted text begin emotionally disturbed deleted text end children new text begin with mental
illnesses new 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. 47.

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) and deleted 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-home deleted 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. 48.

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 DISTURBED deleted text end CHILDREN new text begin WITH
MENTAL ILLNESSES new text end .

When amending rules governing facilities serving deleted text begin emotionally disturbed deleted text end children new text begin with
mental illnesses new 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. 49.

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 or new text end substance use disorder deleted text begin , or
emotional disturbance deleted text end .

Sec. 50.

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 or new text end substance use disorder deleted text begin , or emotional disturbance deleted 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 or new text end substance use disorder deleted text begin , or emotional disturbance deleted text end .

Sec. 51.

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 or new text end substance use disorder deleted text begin , or emotional disturbance deleted 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. 52.

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 or new text end substance use disorder deleted text begin , or emotional disturbance deleted 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. 53.

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 disturbance deleted text end new text begin mental illness new 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. 54.

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 disturbance deleted text end new text begin mental illness new 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. 55.

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 disturbance deleted text end new text begin mental
illness new 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. 56.

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 effects new text begin , including tardive dyskinesia new 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. 57.

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 effects new text begin including tardive dyskinesia new 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. 58.

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 medications new 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. 59.

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 persons deleted text end new text begin new text end new text begin children
or adults new text end with mental illness deleted text begin or severe emotional disturbance deleted 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. 60.

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 disturbance deleted text end new text begin mental illness new 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. 61.

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 section deleted 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. 62.

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 disturbance deleted text end new text begin mental illness new 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. 63.

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 disturbance deleted text end new text begin a mental illness new text end or deleted text begin severe emotional
disturbance deleted text end new text begin serious mental illness new 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. 64.

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 section deleted text end 245.4871, subdivision 15, clause (2). The
commissioner shall establish criteria for determining continued eligibility.

Sec. 65.

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 diagnosed deleted text end mental illness, as defined in section 245.462, subdivision
20 new text begin , or 245.4871, subdivision 15 new 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 illness deleted 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 age 18 but under
age 21, and has the meaning given in section 245.4871, subdivision 15, for children new 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. 66.

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 disturbance deleted text end new text begin
mental illness new 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. 67.

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 or deleted 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. 68.

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 disturbance deleted text end new text begin mental illness new 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. 69.

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 disturbance deleted text end new text begin serious mental illness new 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. 70.

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 disturbance deleted text end new text begin serious mental
illness new 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. 71.

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. 72.

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. 73.

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 disturbance deleted text end new text begin mental illness in children new 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 children new 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. 74.

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 disturbance deleted text end new text begin serious mental illness new 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. 75.

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 to deleted text begin , deleted text end or as part of deleted 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 disturbance deleted text end new text begin mental illness new 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 disturbance deleted text end new text begin mental illness new 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. 76.

Minnesota Statutes 2024, section 260C.007, subdivision 16, is amended to read:

Subd. 16.

deleted text begin Emotionally disturbed deleted text end new text begin Mental illness new text end .

" deleted text begin Emotionally disturbed deleted text end new text begin Mental illness new text end "
means deleted text begin emotional disturbance deleted text end new text begin a mental illness new text end as described in section 245.4871, subdivision
15.

Sec. 77.

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 disturbances new text begin or mental illnesses new 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. 78.

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 disturbance deleted text end new text begin
mental illness new 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. 79.

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 disturbance deleted text end new text begin a mental
illness new text end , deleted text begin a deleted 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 or deleted text end new text begin a mental illness, new text end developmental disability new 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 disturbance deleted text end new text begin a mental illness new text end , a developmental disability, or co-occurring deleted text begin emotional
disturbance deleted text end new text begin mental illness new 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. 80.

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 disturbance deleted text end new text begin a mental illness new 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. 81.

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 disturbance deleted text end new text begin a mental illness new 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. 82.

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 disturbance deleted text end new text begin a mental illness new 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. 83.

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 or deleted text end new text begin a mental illness, new text end
developmental disability new 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 or deleted text end new text begin a mental illness, new text end developmental disability new text begin , new text end or deleted text begin a deleted 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 or deleted text end new text begin mental illness, new text end
developmental disability new 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 or deleted text end new text begin mental illness, new text end developmental disability new 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. 84.

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 disturbance deleted text end new text begin a mental illness new text end or developmental
disability deleted 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 or deleted text end new text begin mental
illness, new text end developmental disability new text begin , new text end or related condition.

Sec. 85.

Minnesota Statutes 2024, section 260D.02, subdivision 9, is amended to read:

Subd. 9.

deleted text begin Emotional disturbance deleted text end new text begin Mental illness new text end .

" deleted text begin Emotional disturbance deleted text end new text begin Mental illness new text end "
means deleted text begin emotional disturbance deleted text end new text begin a mental illness new text end as described in section 245.4871, subdivision
15.

Sec. 86.

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 or deleted text end new text begin a mental illness, new text end developmental disability new 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. 87.

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 or deleted text end new text begin a mental illness, new text end developmental disability new text begin , new text end or related condition deleted 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. 88.

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 disturbance deleted text end new text begin a mental illness new 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. 89.

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
disturbance deleted text end new text begin mental illness new 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. 90.

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 or new text end substance use disorder deleted text begin , or emotional disturbance deleted 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. 91.

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 disturbance deleted text end new text begin a serious
mental illness new 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.