SF 4726

Introduction - 94th Legislature (2025 - 2026)

Posted on 03/24/2026 03:11 p.m.

A bill for an act
relating to human services; the behavioral health administration policy bill; making
changes to requirements for licensing and funding for mental health and substance
use disorder services; amending Minnesota Statutes 2024, sections 245F.02,
subdivision 17; 245F.15, subdivision 7; 245G.04, by adding a subdivision; 245G.11,
subdivision 8; 245I.04, by adding a subdivision; 245I.08, subdivision 4; 245I.10,
subdivision 6; 254B.052, subdivision 1; 256B.0624, subdivisions 6b, 7; 256B.0625,
subdivision 47; 256B.0759, subdivision 3; 256B.0943, subdivision 6; 256B.0946,
subdivision 4; 256B.0947, subdivision 5; Minnesota Statutes 2025 Supplement,
sections 245.469, subdivision 1; 245F.08, subdivision 3; 245G.11, subdivision 7;
245I.04, subdivision 17; 254A.03, subdivision 3; 254B.0505, subdivision 8;
254B.052, subdivision 6; 256B.0759, subdivision 4; 256B.0943, subdivision 1;
256B.0947, subdivision 3a; 256L.03, subdivision 5; repealing Minnesota Statutes
2024, section 256B.0759, subdivisions 2, 5.

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

Section 1.

Minnesota Statutes 2025 Supplement, section 245.469, subdivision 1, is amended
to read:

Subdivision 1.

Availability of emergency services.

(a) County boards must provide or
contract for enough emergency services within the county to meet the needs of adults,
children, and families in the county who are experiencing an emotional crisis or mental
illness. Clients must not be charged for services provided. Emergency service providers
must new text begin not delay or deny the timely provision of emergency services to a client due to payor
source for services and must new text end meet the qualifications under section 256B.0624, subdivision
4. Emergency services must include assessment, crisis intervention, and appropriate case
disposition. Emergency services must:

(1) promote the safety and emotional stability of each client;

(2) minimize further deterioration of each client;

(3) help each client to obtain ongoing care and treatment;

(4) prevent placement in settings that are more intensive, costly, or restrictive than
necessary and appropriate to meet client needs; and

(5) provide support, psychoeducation, and referrals to each client's family members,
service providers, and other third parties on behalf of the client in need of emergency
services.

(b) If a county provides engagement services under section 253B.041, the county's
emergency service providers must refer clients to engagement services when the client
meets the criteria for engagement services.

Sec. 2.

Minnesota Statutes 2024, section 245F.02, subdivision 17, is amended to read:

Subd. 17.

Peer recovery support services.

"Peer recovery support services" means
services provided according to deleted text begin section 245F.08, subdivision 3 deleted text end new text begin sections 245G.07, subdivision
2a, paragraph (b), clause (2), and 254B.052 new text end .

Sec. 3.

Minnesota Statutes 2025 Supplement, section 245F.08, subdivision 3, is amended
to read:

Subd. 3.

Peer recovery support services.

Peer recovery support services must meet the
requirements in section deleted text begin 245G.07, subdivision 2a, paragraph (b), clause (2) deleted text end new text begin 254B.052 new text end , and
must be provided by a person who is qualified according to the requirements in section
deleted text begin 245F.15, subdivision 7 deleted text end new text begin 245I.04, subdivisions 18 and 19 new text end .

Sec. 4.

Minnesota Statutes 2024, section 245F.15, subdivision 7, is amended to read:

Subd. 7.

Recovery peer qualifications.

Recovery peers must:

(1) meet the qualifications in section 245I.04, subdivision 18; and

(2) provide services according to the scope of practice established in section 245I.04,
subdivision 19 deleted text begin , under the supervision of an alcohol and drug counselor deleted text end .

Sec. 5.

Minnesota Statutes 2024, section 245G.04, is amended by adding a subdivision to
read:

new text begin Subd. 4. new text end

new text begin Tobacco educational material. new text end

new text begin A license holder must provide tobacco and
nicotine educational material to a client on the day of service initiation. The license holder
must use educational material approved by the commissioner that contains information on:
new text end

new text begin (1) risks associated with use of tobacco or nicotine products;
new text end

new text begin (2) types of tobacco or nicotine products, including differentiating between commercial
versus traditional or sacred tobacco;
new text end

new text begin (3) treatment options, including the use of medication for tobacco use disorder; and
new text end

new text begin (4) benefits of receiving treatment for tobacco or nicotine use while attending substance
use disorder treatment for another primary substance.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2027.
new text end

Sec. 6.

Minnesota Statutes 2025 Supplement, section 245G.11, subdivision 7, is amended
to read:

Subd. 7.

Treatment coordination provider qualifications.

(a) Treatment coordination
must be provided by qualified staff. An individual is qualified to provide treatment
coordination if the individual meets the qualifications of an alcohol and drug counselor
under subdivision 5 or if the individual:

(1) is skilled in the process of identifying and assessing a wide range of client needs;

(2) is knowledgeable about local community resources and how to use those resources
for the benefit of the client;

(3) has completed 15 hours of education or training on substance use disorder,
co-occurring conditions, and care coordination for individuals with substance use disorder
or co-occurring conditions that is consistent with national evidence-based standards;

(4) meets one of the following criteria:

deleted text begin (i) has a bachelor's degree in one of the behavioral sciences or related fields;
deleted text end

deleted text begin (ii) deleted text end new text begin (i) new text end has a high school diploma or equivalent; or

deleted text begin (iii) deleted text end new text begin (ii) new text end is a mental health practitioner who meets the qualifications under section 245I.04,
subdivision 4; and

(5) either has at least 1,000 hours of supervised experience working with individuals
with substance use disorder or co-occurring conditions or receives treatment supervision at
least once per week until obtaining 1,000 hours of supervised experience working with
individuals with substance use disorder or co-occurring conditions.

(b) A treatment coordinator must receive the following levels of supervision from an
alcohol and drug counselor or a mental health professional whose scope of practice includes
substance use disorder treatment and assessments:

(1) for a treatment coordinator that has not obtained 1,000 hours of supervised experience
under paragraph (a), clause (5), at least one hour of supervision per week; or

(2) for a treatment coordinator that has obtained at least 1,000 hours of supervised
experience under paragraph (a), clause (5), at least one hour of supervision per month.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2026.
new text end

Sec. 7.

Minnesota Statutes 2024, section 245G.11, subdivision 8, is amended to read:

Subd. 8.

Recovery peer qualifications.

A recovery peer must:

(1) meet the qualifications in section 245I.04, subdivision 18; and

(2) provide services according to the scope of practice established in section 245I.04,
subdivision 19 deleted text begin , under the supervision of an alcohol and drug counselor deleted text end .

Sec. 8.

Minnesota Statutes 2025 Supplement, section 245I.04, subdivision 17, is amended
to read:

Subd. 17.

Mental health behavioral aide scope of practice.

While under the treatment
supervision of a mental health professional, a mental health behavioral aide may practice
psychosocial skills with a child client according to the child's treatment plan deleted text begin and individual
behavior plan deleted text end that a mental health professional, clinical trainee, or behavioral health
practitioner has previously taught to the child.

Sec. 9.

Minnesota Statutes 2024, section 245I.04, is amended by adding a subdivision to
read:

new text begin Subd. 20. new text end

new text begin Limitation on affiliation across service lines. new text end

new text begin (a) A mental health professional,
as defined in subdivision 3, may not simultaneously serve in a clinical, supervisory, or
designated role for more than ten distinct licensed provider organizations or service lines
delivering Medicaid-funded services. A mental health professional may not provide clinical
or administrative supervision to more than 20 direct care or clinical staff across all affiliated
provider organizations and service lines unless an exception is granted by the commissioner
under paragraph (c).
new text end

new text begin (b) The commissioner shall establish criteria and a standardized process for evaluating
exception requests under paragraph (a).
new text end

new text begin (c) Upon written request, the commissioner may grant an exception if the requester
demonstrates that:
new text end

new text begin (1) the mental health professional can effectively meet all clinical, supervisory, and
administrative responsibilities across affiliated programs;
new text end

new text begin (2) the oversight of client care will not be compromised; and
new text end

new text begin (3) the proposed arrangement complies with all applicable supervision, documentation,
and service delivery requirements.
new text end

new text begin (d) In determining whether to grant an exception under paragraph (c), the commissioner
shall consider:
new text end

new text begin (1) the geographic distribution of services;
new text end

new text begin (2) the complexity and acuity of client needs;
new text end

new text begin (3) the mental health professional's other responsibilities, including direct service
provision; and
new text end

new text begin (4) whether adequate supervision can be maintained in compliance with program
standards.
new text end

new text begin (e) The commissioner shall rescind approval of the exception granted under paragraph
(c) if the requester fails to comply with applicable program standards or with the terms of
the exception.
new text end

new text begin (f) The commissioner may adopt rules as necessary to implement and enforce this
subdivision.
new text end

new text begin (g) A mental health professional determined to be in violation of this subdivision may
be subject to corrective action, licensing sanctions, or administrative penalties in accordance
with chapter 245A and other applicable law.
new text end

Sec. 10.

Minnesota Statutes 2024, section 245I.08, subdivision 4, is amended to read:

Subd. 4.

Progress notes.

A license holder must use a progress note to document each
occurrence of a mental health service that a staff person provides to a client. A progress
note must include the following:

(1) the type of service;

(2) the date of service;

(3) the start and stop time of the service unless the license holder is licensed as a
residential program;

(4) the location of the service;

(5) the scope of the service, including: (i) the targeted goal and objective; (ii) the
intervention that the staff person provided to the client and the methods that the staff person
used; (iii) the client's response to the intervention; and (iv) the staff person's plan to take
future actions, including changes in treatment that the staff person will implement if the
intervention was ineffective;

(6) the signature and credentials of the staff person who provided the service to the
client;

new text begin (7) the dated signature and credentials of the treatment supervisor;
new text end

deleted text begin (7) deleted text end new text begin (8) new text end the mental health provider travel documentation required by section 256B.0625,
if applicable; and

deleted text begin (8) deleted text end new text begin (9) new text end significant observations by the staff person, if applicable, including: (i) the client's
current risk factors; (ii) emergency interventions by staff persons; (iii) consultations with
or referrals to other professionals, family, or significant others; and (iv) changes in the
client's mental or physical symptoms.

Sec. 11.

Minnesota Statutes 2024, section 245I.10, subdivision 6, is amended to read:

Subd. 6.

Standard diagnostic assessment; required elements.

(a) Only a mental health
professional or a clinical trainee may complete a standard diagnostic assessment of a client.
A standard diagnostic assessment of a client must include a face-to-face interview with a
client and a written evaluation of the client. The assessor must complete a client's standard
diagnostic assessment within the client's cultural context. An alcohol and drug counselor
may gather and document the information in paragraphs (b) and (c) when completing a
comprehensive assessment according to section 245G.05.

(b) When completing a standard diagnostic assessment of a client, the assessor must
gather and document information about the client's current life situation, including the
following information:

(1) the client's age;

(2) the client's current living situation, including the client's housing status and household
members;

(3) the status of the client's basic needs;

(4) the client's education level and employment status;

(5) the client's current medications;

(6) any immediate risks to the client's health and safety, including withdrawal symptoms,
medical conditions, and behavioral and emotional symptoms;

(7) the client's perceptions of the client's condition;

(8) the client's description of the client's symptoms, including the reason for the client's
referral;

(9) the client's history of mental health and substance use disorder treatment new text begin , including
treatment for tobacco or nicotine use new text end ;

(10) cultural influences on the client; and

(11) substance use history, if applicable, including:

(i) amounts and types of substances, new text begin including tobacco and nicotine products; new text end frequency
and duration deleted text begin , deleted text end new text begin ; new text end route of administration deleted text begin , deleted text end new text begin ; new text end periods of abstinence deleted text begin , deleted text end new text begin ; new text end and circumstances of relapse;
and

(ii) the impact to functioning when under the influence of substances, including legal
interventions.

(c) If the assessor cannot obtain the information that this paragraph requires without
retraumatizing the client or harming the client's willingness to engage in treatment, the
assessor must identify which topics will require further assessment during the course of the
client's treatment. The assessor must gather and document information related to the following
topics:

(1) the client's relationship with the client's family and other significant personal
relationships, including the client's evaluation of the quality of each relationship;

(2) the client's strengths and resources, including the extent and quality of the client's
social networks;

(3) important developmental incidents in the client's life;

(4) maltreatment, trauma, potential brain injuries, and abuse that the client has suffered;

(5) the client's history of or exposure to alcohol and drug usage and treatment; and

(6) the client's health history and the client's family health history, including the client's
physical, chemical, and mental health history.

(d) When completing a standard diagnostic assessment of a client, an assessor must use
a recognized diagnostic framework.

(1) When completing a standard diagnostic assessment of a client who is five years of
age or younger, the assessor must use the current edition of the DC: 0-5 Diagnostic
Classification of Mental Health and Development Disorders of Infancy and Early Childhood
published by Zero to Three.

(2) When completing a standard diagnostic assessment of a client who is six years of
age or older, the assessor must use the current edition of the Diagnostic and Statistical
Manual of Mental Disorders published by the American Psychiatric Association.

(3) When completing a standard diagnostic assessment of a client who is 18 years of
age or older, an assessor must use either (i) the CAGE-AID Questionnaire or (ii) the criteria
in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders
published by the American Psychiatric Association to screen and assess the client for a
substance use disorder new text begin , including tobacco use disorder new text end .

(e) When completing a standard diagnostic assessment of a client, the assessor must
include and document the following components of the assessment:

(1) the client's mental status examination;

(2) the client's baseline measurements; symptoms; behavior; skills; abilities; resources;
vulnerabilities; safety needs, including client information that supports the assessor's findings
after applying a recognized diagnostic framework from paragraph (d); and any differential
diagnosis of the client; and

(3) an explanation of: (i) how the assessor diagnosed the client using the information
from the client's interview, assessment, psychological testing, and collateral information
about the client; (ii) the client's needs; (iii) the client's risk factors; (iv) the client's strengths;
and (v) the client's responsivity factors.

(f) When completing a standard diagnostic assessment of a client, the assessor must
consult the client and the client's family about which services that the client and the family
prefer to treat the client. The assessor must make referrals for the client as to services required
by law.

(g) Information from other providers and prior assessments may be used to complete
the diagnostic assessment if the source of the information is documented in the diagnostic
assessment.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2027.
new text end

Sec. 12.

Minnesota Statutes 2025 Supplement, section 254A.03, subdivision 3, is amended
to read:

Subd. 3.

Rules for substance use disorder care.

(a) An eligible vendor of comprehensive
assessments under section 254B.0501 may determine the appropriate level of substance use
disorder treatment for a recipient of public assistance. The process for determining an
individual's financial eligibility for the behavioral health fund or determining an individual's
enrollment in or eligibility for a publicly subsidized health plan is not affected by the
individual's choice to access a comprehensive assessment for placement.

deleted text begin (b) The commissioner shall develop and implement a utilization review process for
publicly funded treatment placements to monitor and review the clinical appropriateness
and timeliness of all publicly funded placements in treatment.
deleted text end

deleted text begin (c) deleted text end new text begin (b) new text end If a screen result is positive for alcohol or substance misuse, a brief screening for
alcohol or substance use disorder that is provided to a recipient of public assistance within
a primary care clinic, hospital, or other medical setting or school setting establishes medical
necessity and approval for an initial set of substance use disorder services identified in
section 254B.0505. The initial set of services approved for a recipient whose screen result
is positive may include any combination of up to four hours of individual or group substance
use disorder treatment, two hours of substance use disorder treatment coordination, or two
hours of substance use disorder peer support services provided by a qualified individual
according to chapter 245G. A recipient must obtain an assessment pursuant to paragraph
(a) to be approved for additional treatment services. A comprehensive assessment pursuant
to section 245G.05 is not required to receive the initial set of services allowed under this
subdivision. A positive screen result establishes eligibility for the initial set of services
allowed under this subdivision.

deleted text begin (d) deleted text end new text begin (c) new text end An individual may choose to obtain a comprehensive assessment as provided in
section 245G.05. Individuals obtaining a comprehensive assessment may access any enrolled
provider that is licensed to provide the level of service authorized pursuant to section
254A.19, subdivision 3. If the individual is enrolled in a prepaid health plan, the individual
must comply with any provider network requirements or limitations.

Sec. 13.

Minnesota Statutes 2025 Supplement, section 254B.0505, subdivision 8, is
amended to read:

Subd. 8.

deleted text begin Peer recovery support services deleted text end new text begin Utilization review new text end requirements.

new text begin (a) new text end Eligible
vendors of deleted text begin peer recovery support deleted text end services new text begin in subdivision 1, clauses (1), (4) to (8), and (10),
new text end must deleted text begin :
deleted text end

deleted text begin (1) deleted text end submit to a review by the commissioner of up to ten percent of all medical assistance
and behavioral health fund claims to determine the medical necessity of peer recovery
support services deleted text begin for entities billing for peer recovery support services individually and not
receiving a daily rate; and deleted text end new text begin .
new text end

deleted text begin (2) deleted text end new text begin (b) Entities billing for peer recovery support services individually and not receiving
a daily rate must new text end limit an individual client to 14 hours per week for peer recovery support
services from an individual provider of peer recovery support services.

Sec. 14.

Minnesota Statutes 2024, section 254B.052, subdivision 1, is amended to read:

Subdivision 1.

Peer recovery support services; service requirements.

(a) Peer recovery
support services are face-to-face interactions between a recovery peer and a client, on a
one-on-one basis, in which specific goals identified in an individual recovery plan, treatment
plan, or stabilization plan are discussed and addressed. Peer recovery support services are
provided to promote a client's recovery goals, self-sufficiency, self-advocacy, and
development of natural supports and to support maintenance of a client's recovery.

(b) Peer recovery support services must be provided according to new text begin (1) new text end an individual
recovery plan if provided by a recovery community organization or county, a treatment plan
if provided in new text begin either new text end a substance use disorder treatment program under chapter 245G deleted text begin , deleted text end or new text begin a
Tribally licensed substance use disorder treatment program, or (2) new text end a stabilization plan if
provided by a withdrawal management program under chapter 245F.

(c) A client receiving peer recovery support services must participate in the services
voluntarily. Any program that incorporates peer recovery support services must provide
written notice to the client that peer recovery support services will be provided.

(d) Peer recovery support services may not be provided to a client residing with or
employed by a recovery peer from whom deleted text begin they receive deleted text end new text begin the client receives new text end services.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 15.

Minnesota Statutes 2025 Supplement, section 254B.052, subdivision 6, is amended
to read:

Subd. 6.

Monetary recovery.

deleted text begin Peer recovery support deleted text end Services new text begin subject to section
254B.0505, subdivision 8, that are new text end not provided in accordance with this section are subject
to monetary recovery under section 256B.064 as money improperly paid.

Sec. 16.

Minnesota Statutes 2024, section 256B.0624, subdivision 6b, is amended to read:

Subd. 6b.

Crisis intervention services.

(a) If the crisis assessment determines mobile
crisis intervention services are needed, the crisis intervention services must be provided
promptly. As opportunity presents during the intervention, at least two members of the
mobile crisis intervention team must confer directly or by telephone about the crisis
assessment, crisis treatment plan, and actions taken and needed. At least one of the team
members must be providing face-to-face crisis intervention services. If providing crisis
intervention services, a clinical trainee or mental health practitioner must seek treatment
supervision as required in subdivision 9.

(b) If a provider delivers crisis intervention services while the recipient is absent, the
provider must document the reason for delivering services while the recipient is absent.

(c) The mobile crisis intervention team must develop a crisis treatment plan according
to subdivision 11.

(d) The mobile crisis intervention team must document which crisis treatment plan goals
and objectives have been met and when no further crisis intervention services are required.

(e) If the recipient's mental health crisis is stabilized, but the recipient needs a referral
to other services, the team must provide referrals to these services. If the recipient has a
case manager, planning for other services must be coordinated with the case manager. If
the recipient is unable to follow up on the referral, the team must link the recipient to the
service and follow up to ensure the recipient is receiving the service.

deleted text begin (f) If the recipient's mental health crisis is stabilized and the recipient does not have an
advance directive, the case manager or crisis team shall offer to work with the recipient to
develop one.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective upon federal approval.
new text end

Sec. 17.

Minnesota Statutes 2024, section 256B.0624, subdivision 7, is amended to read:

Subd. 7.

Crisis stabilization services.

(a) Crisis stabilization services must be provided
by qualified staff of a crisis stabilization services provider entity and must meet the following
standards:

(1) a crisis treatment plan must be developed that meets the criteria in subdivision 11;

(2) staff must be qualified as defined in subdivision 8;

(3) crisis stabilization services must be delivered according to the crisis treatment plan
and include face-to-face contact with the recipient by qualified staff for further assessment,
help with referrals, updating of the crisis treatment plan, skills training, and collaboration
with other service providers in the community; deleted text begin and
deleted text end

(4) if a provider delivers crisis stabilization services while the recipient is absent, the
provider must document the reason for delivering services while the recipient is absent deleted text begin . deleted text end new text begin ;
and
new text end

new text begin (5) if the recipient is an adult and the recipient's mental health crisis is stabilized and
the recipient does not have a health care directive as defined by section 145C.01, subdivision
5a, or psychiatric declaration as defined by section 253B.03, subdivision 6d, the case manager
or crisis team must offer to work with the recipient to develop a directive or declaration.
new text end

(b) If crisis stabilization services are provided in a supervised, licensed residential setting
that serves no more than four adult residents, and one or more individuals are present at the
setting to receive residential crisis stabilization, the residential staff must include, for at
least eight hours per day, at least one mental health professional, clinical trainee, certified
rehabilitation specialist, or mental health practitioner. The commissioner shall establish a
statewide per diem rate for crisis stabilization services provided under this paragraph to
medical assistance enrollees. The rate for a provider shall not exceed the rate charged by
that provider for the same service to other payers. Payment shall not be made to more than
one entity for each individual for services provided under this paragraph on a given day.
The commissioner shall set rates prospectively for the annual rate period. The commissioner
shall require providers to submit annual cost reports on a uniform cost reporting form and
shall use submitted cost reports to inform the rate-setting process. The commissioner shall
recalculate the statewide per diem every year.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective upon federal approval.
new text end

Sec. 18.

Minnesota Statutes 2024, section 256B.0625, subdivision 47, is amended to read:

Subd. 47.

Treatment foster care services.

deleted text begin Effective July 1, 2011, and subject to federal
approval, deleted text end Medical assistance covers deleted text begin treatment foster care deleted text end new text begin children's intensive behavioral
health new text end services according to section 256B.0946.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 19.

Minnesota Statutes 2024, section 256B.0759, subdivision 3, is amended to read:

Subd. 3.

Provider standards.

(a) The commissioner must establish requirements for
deleted text begin participating deleted text end providers that are consistent with the federal requirements of the demonstration
project. new text begin The following programs licensed by the Department of Human Services that receive
payment for substance use disorder treatment services under section 256B.0625 must certify
that the program meets the applicable American Society of Addiction Medicine (ASAM)
levels of care according to section 254B.19:
new text end

new text begin (1) nonresidential substance use disorder treatment programs and residential treatment
programs licensed under chapter 245G as licensed substance use disorder treatment facilities;
new text end

new text begin (2) withdrawal management programs licensed under chapter 245F; and
new text end

new text begin (3) out-of-state residential substance use disorder treatment programs.
new text end

new text begin Programs that do not meet the requirements of this paragraph are ineligible for payment for
services provided under section 256B.0625.
new text end

deleted text begin (b) A participating residential provider must obtain applicable licensure under chapter
245F or 245G or other applicable standards for the services provided and must:
deleted text end

deleted text begin (1) deliver services in accordance with standards published by the commissioner pursuant
to paragraph (d);
deleted text end

deleted text begin (2) maintain formal patient referral arrangements with providers delivering step-up or
step-down levels of care in accordance with ASAM standards; and
deleted text end

deleted text begin (3) offer substance use disorder treatment services with medications for opioid use
disorder on site or facilitate access to substance use disorder treatment services with
medications for opioid use disorder off site.
deleted text end

deleted text begin (c) A participating outpatient provider must obtain applicable licensure under chapter
245G or other applicable standards for the services provided and must:
deleted text end

deleted text begin (1) deliver services in accordance with standards published by the commissioner pursuant
to paragraph (d); and
deleted text end

deleted text begin (2) maintain formal patient referral arrangements with providers delivering step-up or
step-down levels of care in accordance with ASAM standards.
deleted text end

deleted text begin (d) If the provider standards under chapter 245G or other applicable standards conflict
or are duplicative, the commissioner may grant variances to the standards if the variances
do not conflict with federal requirements. The commissioner must publish service
components, service standards, and staffing requirements for participating providers that
are consistent with ASAM standards and federal requirements by October 1, 2020.
deleted text end

new text begin (b) Programs licensed by the Department of Human Services as residential treatment
programs according to section 245G.21 that (1) receive payment under this chapter, (2) are
licensed as a hospital under sections 144.50 to 144.581, and (3) provide only ASAM level
3.7 medically monitored inpatient level of care are not required to enroll as demonstration
project providers. Programs meeting the criteria in this paragraph must submit evidence of
providing the required level of care to the commissioner to be exempt from enrolling in the
demonstration.
new text end

new text begin (c) Tribally licensed programs that otherwise meet the requirements of subdivision 3
may elect to participate in the demonstration project. The Department of Human Services
must consult with Tribal Nations to discuss participation in the substance use disorder
demonstration project.
new text end

new text begin (d) Programs subject to this section must:
new text end

new text begin (1) deliver services in accordance with section 254B.19; and
new text end

new text begin (2) offer substance use disorder treatment services with medications for opioid use
disorder on site or facilitate timely access to medications for opioid use disorder off site.
new text end

Sec. 20.

Minnesota Statutes 2025 Supplement, section 256B.0759, subdivision 4, is
amended to read:

Subd. 4.

Provider payment rates.

(a) deleted text begin Payment rates for participating deleted text end Providers must
deleted text begin be increased for services provided to medical assistance enrollees. To receive a rate increase,
participating providers must meet demonstration project requirements and provide evidence
of formal referral arrangements with providers delivering step-up or step-down levels of
care. Providers that have enrolled in the demonstration project but have not met the provider
standards under subdivision 3 as of July 1, 2022, are not eligible for a rate increase under
this subdivision until the date that the provider meets the provider standards in subdivision
3. Services provided from July 1, 2022, to the date that the provider meets the provider
standards under subdivision 3 shall deleted text end be reimbursed at rates according to section 254B.0505,
subdivision 1. deleted text begin Rate increases paid under this subdivision to a provider for services provided
between July 1, 2021, and July 1, 2022, are not subject to recoupment when the provider
is taking meaningful steps to meet demonstration project requirements that are not otherwise
required by law, and the provider provides documentation to the commissioner, upon request,
of the steps being taken.
deleted text end

deleted text begin (b) The commissioner may temporarily suspend payments to the provider according to
section 256B.04, subdivision 21, paragraph (d), if the provider does not meet the requirements
in paragraph (a). Payments withheld from the provider must be made once the commissioner
determines that the requirements in paragraph (a) are met.
deleted text end

deleted text begin (c) For outpatient individual and group substance use disorder services under section
254B.0505, subdivision 1, clause (1), and adolescent treatment programs that are licensed
as outpatient treatment programs according to sections 245G.01 to 245G.18, provided on
or after January 1, 2021, payment rates must be increased by 20 percent over the rates in
effect on December 31, 2020.
deleted text end

deleted text begin (d) deleted text end new text begin (b) new text end Effective January 1, 2021, and contingent on annual federal approval, managed
care plans and county-based purchasing plans must reimburse providers of the substance
use disorder services meeting the deleted text begin criteria described in paragraph (a) who deleted text end new text begin requirements of
section 254B.19 that new text end are employed by or under contract with the plan an amount that is at
least equal to the fee-for-service base rate payment for the substance use disorder services
described in paragraph deleted text begin (c) deleted text end new text begin (a) new text end . The commissioner must monitor the effect of this requirement
on the rate of access to substance use disorder services and residential substance use disorder
rates. Capitation rates paid to managed care organizations and county-based purchasing
plans must reflect the impact of this requirement. This paragraph expires if federal approval
is not received at any time as required under this paragraph.

deleted text begin (e) deleted text end new text begin (c) new text end Effective July 1, 2021, contracts between managed care plans and county-based
purchasing plans and providers to whom paragraph deleted text begin (d) deleted text end new text begin (b) new text end applies must allow recovery of
payments from those providers if, for any contract year, federal approval for the provisions
of paragraph deleted text begin (d) deleted text end new text begin (b) new text end is not received, and capitation rates are adjusted as a result. Payment
recoveries must not exceed the amount equal to any decrease in rates that results from this
provision.

deleted text begin (f) deleted text end new text begin (d) new text end For substance use disorder services with medications for opioid use disorder under
section 254B.0505, subdivision 1, clause (7), provided on or after January 1, 2021, payment
rates must be increased by 20 percent over the rates in effect on December 31, 2020. Upon
implementation of new rates according to section 254B.121, the 20 percent increase will
no longer apply.

Sec. 21.

Minnesota Statutes 2025 Supplement, 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 deleted text begin them deleted text end .

(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 mental illness, as defined in section 245.462, subdivision
20, or 245.4871, subdivision 15. 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).

(i) "Individual treatment plan" means the plan described in section 245I.10, subdivisions
7 and 8.

(j) "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 deleted text begin and individual behavior plan deleted text end . Activities
involve working directly with the child or child's family as provided in subdivision 9,
paragraph (b), clause (4).

(k) "Mental health certified family peer specialist" means a staff person who is qualified
according to section 245I.04, subdivision 12.

(l) "Mental health practitioner" means a staff person who is qualified according to section
245I.04, subdivision 4.

(m) "Mental health professional" means a staff person who is qualified according to
section 245I.04, subdivision 2.

(n) "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.

(o) "Mental illness" has the meaning given in section 245.462, subdivision 20, paragraph
(a), for persons at least 18 years of age but under 21 years of age, and has the meaning given
in section 245.4871, subdivision 15, for children under 18 years of age.

(p) "Psychotherapy" means the treatment described in section 256B.0671, subdivision
11.

(q) "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.

(r) "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).

(s) "Standard diagnostic assessment" means the assessment described in section 245I.10,
subdivision 6.

(t) "Treatment supervision" means the supervision described in section 245I.06.

Sec. 22.

Minnesota Statutes 2024, section 256B.0943, subdivision 6, is amended to read:

Subd. 6.

Provider entity clinical infrastructure requirements.

(a) To be an eligible
provider entity under this section, a provider entity must have a clinical infrastructure that
utilizes diagnostic assessment, individual treatment plans, service delivery, and individual
treatment plan review that are culturally competent, child-centered, and family-driven to
achieve maximum benefit for the client. The provider entity must review, and update as
necessary, the clinical policies and procedures every deleted text begin three deleted text end new text begin two new text end years, must distribute the
policies and procedures to staff initially and upon each subsequent update, and must train
staff accordingly.

(b) The clinical infrastructure written policies and procedures must include policies and
procedures for meeting the requirements in this subdivision:

(1) providing or obtaining a client's standard diagnostic assessment, including a standard
diagnostic assessment. When required components of the standard diagnostic assessment
are not provided in an outside or independent assessment or cannot be attained immediately,
the provider entity must determine the missing information within 30 days and amend the
child's standard diagnostic assessment or incorporate the information into the child's
individual treatment plan;

(2) developing an individual treatment plan;

(3) providing treatment supervision plans for staff according to section 245I.06. Treatment
supervision does not include the authority to make or terminate court-ordered placements
of the child. A treatment supervisor must be available for urgent consultation as required
by the individual client's needs or the situation;

(4) requiring a mental health professional to determine the level of supervision for a
behavioral health aide and to document and sign the supervision determination in the
behavioral health aide's supervision plan;

(5) ensuring the immediate accessibility of a mental health professional, clinical trainee,
or mental health practitioner to the behavioral aide during service delivery;

(6) providing service delivery that implements the individual treatment plan and meets
the requirements under subdivision 9; and

(7) individual treatment plan review. The review must determine the extent to which
the services have met each of the goals and objectives in the treatment plan. The review
must assess the client's progress and ensure that services and treatment goals continue to
be necessary and appropriate to the client and the client's family or foster family.

Sec. 23.

Minnesota Statutes 2024, section 256B.0946, subdivision 4, is amended to read:

Subd. 4.

Service delivery payment requirements.

(a) To be eligible for payment under
this section, a provider must develop and practice written policies and procedures for
children's intensive behavioral health services, consistent with subdivision 1, paragraph (b),
and comply with the following requirements in paragraphs (b) to (n).

(b) Each previous and current mental health, school, and physical health treatment
provider must be contacted to request documentation of treatment and assessments that the
eligible client has received. This information must be reviewed and incorporated into the
standard diagnostic assessment and team consultation and treatment planning review process.

(c) Each client receiving treatment must be assessed for a trauma history, and the client's
treatment plan must document how the results of the assessment will be incorporated into
treatment.

(d) The level of care assessment as defined in section 245I.02, subdivision 19, and
functional assessment as defined in section 245I.02, subdivision 17, must be updated at
least every 180 days or prior to discharge from the service, whichever comes first.

(e) Each client receiving treatment services must have an individual treatment plan that
is reviewed, evaluated, and approved every 180 days using the team consultation and
treatment planning process.

(f) Clinical care consultation must be provided in accordance with the client's individual
treatment plan.

(g) Each client must have a crisis plan within ten days of initiating services and must
have access to clinical phone support 24 hours per day, seven days per week, during the
course of treatment. The crisis plan must demonstrate coordination with the local or regional
mobile crisis intervention team.

(h) Services must be delivered and documented at least three days per week, equaling
at least six hours of treatment per week. If the mental health professional, client, and family
agree, service units may be temporarily reduced for a period of no more than 60 days in
order to meet the needs of the client and family, or as part of transition or on a discharge
plan to another service or level of care. The reasons for service reduction must be identified deleted text begin , deleted text end new text begin
and new text end documented deleted text begin , and included deleted text end in the treatment plan new text begin or case file new text end . Billing and payment are
prohibited for days on which no services are delivered and documented.

(i) Location of service delivery must be in the client's home, day care setting, school, or
other community-based setting that is specified on the client's individualized treatment plan.

(j) Treatment must be developmentally and culturally appropriate for the client.

(k) Services must be delivered in continual collaboration and consultation with the
client's medical providers and, in particular, with prescribers of psychotropic medications,
including those prescribed on an off-label basis. Members of the service team must be aware
of the medication regimen and potential side effects.

(l) Parents, siblings, foster parents, legal guardians, and members of the child's
permanency plan must be involved in treatment and service delivery unless otherwise noted
in the treatment plan.

(m) Transition planning for the child must be conducted starting with the first treatment
plan and must be addressed throughout treatment to support the child's permanency plan
and postdischarge mental health service needs.

(n) In order for a provider to receive the daily per-client encounter rate, at least one of
the services listed in subdivision 1, paragraph (b), clauses (1) to (3), must be provided. The
services listed in subdivision 1, paragraph (b), clauses (4) and (5), may be included as part
of the daily per-client encounter rate.

Sec. 24.

Minnesota Statutes 2025 Supplement, 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 (r);

(3) crisis planning as defined in section 245.4871, subdivision 9a;

(4) medication management provided by a deleted text begin physician, an advanced practice registered
nurse with certification in psychiatric and mental health care, or a physician assistant deleted text end new text begin qualified
provider new text end ;

(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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2027, or upon federal approval,
whichever is later.
new text end

Sec. 25.

Minnesota Statutes 2024, section 256B.0947, subdivision 5, is amended to read:

Subd. 5.

Standards for intensive nonresidential rehabilitative providers.

(a) Services
must meet the standards in this section and chapter 245I as required in section 245I.011,
subdivision 5.

(b) The treatment team must have specialized training in providing services to the specific
age group of youth that the team serves. An individual treatment team must serve youth
who are: (1) at least eight years of age or older and under 16 years of age, or (2) at least 14
years of age or older and under 21 years of age.

(c) The treatment team for intensive nonresidential rehabilitative mental health services
comprises both permanently employed core team members and client-specific team members
as follows:

(1) Based on professional qualifications and client needs, clinically qualified core team
members are assigned on a rotating basis as the client's lead worker to coordinate a client's
care. The core team must comprise at least four full-time equivalent direct care staff and
must minimally include:

(i) a mental health professional who serves as team leader to provide administrative
direction and treatment supervision to the team;

(ii) deleted text begin an advanced-practice registered nurse with certification in psychiatric or mental
health care or a board-certified child and adolescent psychiatrist, either of which must be
credentialed to prescribe medications deleted text end new text begin a psychiatric care provider credentialed to prescribe
medications who is either an advanced practice registered nurse with advanced education
and training in psychiatric and mental health care or a board-certified psychiatrist. The
psychiatric care provider must have demonstrated clinical experience and qualifications for
working with children and adolescents with serious mental illness and co-occurring mental
illness and substance use disorder new text end ;

(iii) a mental health certified peer specialist who is qualified according to section 245I.04,
subdivision 10, and is also a former children's mental health consumer; and

(iv) a co-occurring disorder specialist who meets the requirements under section
256B.0622, subdivision 7a, paragraph (a), clause (4), who will provide or facilitate the
provision of co-occurring disorder treatment to clients.

(2) The core team may also include any of the following:

(i) additional mental health professionals;

(ii) a vocational specialist;

(iii) an educational specialist with knowledge and experience working with youth
regarding special education requirements and goals, special education plans, and coordination
of educational activities with health care activities;

(iv) a child and adolescent psychiatrist who may be retained on a consultant basis;

(v) a clinical trainee qualified according to section 245I.04, subdivision 6;

(vi) a mental health practitioner qualified according to section 245I.04, subdivision 4;

(vii) a case management service provider, as defined in section 245.4871, subdivision
4;

(viii) a housing access specialist; and

(ix) a family peer specialist as defined in subdivision 2, paragraph (j).

(3) A treatment team may include, in addition to those in clause (1) or (2), ad hoc
members not employed by the team who consult on a specific client and who must accept
overall clinical direction from the treatment team for the duration of the client's placement
with the treatment team and must be paid by the provider agency at the rate for a typical
session by that provider with that client or at a rate negotiated with the client-specific
member. Client-specific treatment team members may include:

(i) the mental health professional treating the client prior to placement with the treatment
team;

(ii) the client's current substance use counselor, if applicable;

(iii) a lead member of the client's individualized education program team or school-based
mental health provider, if applicable;

(iv) a representative from the client's health care home or primary care clinic, as needed
to ensure integration of medical and behavioral health care;

(v) the client's probation officer or other juvenile justice representative, if applicable;
and

(vi) the client's current vocational or employment counselor, if applicable.

(d) The treatment supervisor shall be an active member of the treatment team and shall
function as a practicing clinician at least on a part-time basis. The treatment team shall meet
with the treatment supervisor at least weekly to discuss recipients' progress and make rapid
adjustments to meet recipients' needs. The team meeting must include client-specific case
reviews and general treatment discussions among team members. Client-specific case
reviews and planning must be documented in the individual client's treatment record.

(e) The staffing ratio must not exceed ten clients to one full-time equivalent treatment
team position.

(f) The treatment team shall serve no more than 80 clients at any one time. Should local
demand exceed the team's capacity, an additional team must be established rather than
exceed this limit.

(g) Nonclinical staff shall have prompt access in person or by telephone to a mental
health practitioner, clinical trainee, or mental health professional. The provider shall have
the capacity to promptly and appropriately respond to emergent needs and make any
necessary staffing adjustments to ensure the health and safety of clients.

(h) The intensive nonresidential rehabilitative mental health services provider shall
participate in evaluation of the assertive community treatment for youth (Youth ACT) model
as conducted by the commissioner, including the collection and reporting of data and the
reporting of performance measures as specified by contract with the commissioner.

(i) A regional treatment team may serve multiple counties.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2027, or upon federal approval,
whichever is later.
new text end

Sec. 26.

Minnesota Statutes 2025 Supplement, section 256L.03, subdivision 5, is amended
to read:

Subd. 5.

Cost-sharing.

(a) Co-payments, coinsurance, and deductibles do not apply to
children under the age of 21 and to American Indians as defined in Code of Federal
Regulations, title 42, section 600.5.

(b) The commissioner must adjust co-payments, coinsurance, and deductibles for covered
services in a manner sufficient to maintain the actuarial value of the benefit to 94 percent.
The cost-sharing changes described in this paragraph do not apply to eligible recipients or
services exempt from cost-sharing under state law. The cost-sharing changes described in
this paragraph shall not be implemented prior to January 1, 2016.

(c) The cost-sharing changes authorized under paragraph (b) must satisfy the requirements
for cost-sharing under the Basic Health Program as set forth in Code of Federal Regulations,
title 42, sections 600.510 and 600.520.

(d) Cost-sharing for prescription drugs and related medical supplies to treat chronic
disease must comply with the requirements of section 62Q.481.

(e) Co-payments, coinsurance, and deductibles do not apply to additional diagnostic
services or testing that a health care provider determines an enrollee requires after a
mammogram, as specified under section 62A.30, subdivision 5.

(f) Cost-sharing must not apply to drugs used for tobacco and nicotine cessation or to
tobacco and nicotine cessation services covered under section 256B.0625, subdivision 68.

(g) Co-payments, coinsurance, and deductibles do not apply to pre-exposure prophylaxis
(PrEP) and postexposure prophylaxis (PEP) medications when used for the prevention or
treatment of the human immunodeficiency virus (HIV).

(h) Co-payments, coinsurance, and deductibles do not apply to mobile crisis intervention new text begin ,
crisis stabilization provided in a community setting, new text end or crisis assessment as defined in section
256B.0624, subdivision 2.

Sec. 27. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2024, section 256B.0759, subdivisions 2 and 5, new text end new text begin are repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 26-06081

256B.0759 SUBSTANCE USE DISORDER DEMONSTRATION PROJECT.

Subd. 2.

Provider participation.

(a) Programs licensed by the Department of Human Services as nonresidential substance use disorder treatment programs that receive payment under this chapter must enroll as demonstration project providers and meet the requirements of subdivision 3 by January 1, 2025. Programs that do not meet the requirements of this paragraph are ineligible for payment for services provided under section 256B.0625.

(b) Programs licensed by the Department of Human Services as residential treatment programs according to section 245G.21 that receive payment under this chapter must enroll as demonstration project providers and meet the requirements of subdivision 3 by January 1, 2024. Programs that do not meet the requirements of this paragraph are ineligible for payment for services provided under section 256B.0625.

(c) Programs licensed by the Department of Human Services as residential treatment programs according to section 245G.21 that receive payment under this chapter, are licensed as a hospital under sections 144.50 to 144.581, and provide only ASAM 3.7 medically monitored inpatient level of care are not required to enroll as demonstration project providers. Programs meeting these criteria must submit evidence of providing the required level of care to the commissioner to be exempt from enrolling in the demonstration.

(d) Programs licensed by the Department of Human Services as withdrawal management programs according to chapter 245F that receive payment under this chapter must enroll as demonstration project providers and meet the requirements of subdivision 3 by January 1, 2024. Programs that do not meet the requirements of this paragraph are ineligible for payment for services provided under section 256B.0625.

(e) Out-of-state residential substance use disorder treatment programs that receive payment under this chapter must enroll as demonstration project providers and meet the requirements of subdivision 3 by January 1, 2024. Programs that do not meet the requirements of this paragraph are ineligible for payment for services provided under section 256B.0625.

(f) Tribally licensed programs may elect to participate in the demonstration project and meet the requirements of subdivision 3. The Department of Human Services must consult with Tribal Nations to discuss participation in the substance use disorder demonstration project.

(g) The commissioner shall allow providers enrolled in the demonstration project before July 1, 2021, to receive applicable rate enhancements authorized under subdivision 4 for all services provided on or after the date of enrollment, except that the commissioner shall allow a provider to receive applicable rate enhancements authorized under subdivision 4 for services provided on or after July 22, 2020, to fee-for-service enrollees, and on or after January 1, 2021, to managed care enrollees, if the provider meets all of the following requirements:

(1) the provider attests that during the time period for which the provider is seeking the rate enhancement, the provider took meaningful steps in their plan approved by the commissioner to meet the demonstration project requirements in subdivision 3; and

(2) the provider submits attestation and evidence, including all information requested by the commissioner, of meeting the requirements of subdivision 3 to the commissioner in a format required by the commissioner.

(h) The commissioner may recoup any rate enhancements paid under paragraph (g) to a provider that does not meet the requirements of subdivision 3 by July 1, 2021.

Subd. 5.

Federal approval.

The commissioner shall seek federal approval to implement the demonstration project under this section and to receive federal financial participation.