HF 416

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to mental health; establishing a certified peer specialist program;
amending Minnesota Statutes 2006, sections 256B.0622, subdivision 2;
256B.0623, subdivision 5; proposing coding for new law in Minnesota Statutes,
chapter 256B.

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

Section 1.

new text begin [256B.0615] MENTAL HEALTH CERTIFIED PEER SPECIALIST.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin Medical assistance covers mental health certified peers
specialists services, as established in subdivision 2, subject to federal approval, if provided
to recipients who are eligible for services under sections 256B.0622 and 256B.0623,
and are provided by a certified peer specialist who has completed the training under
subdivision 5.
new text end

new text begin Subd. 2. new text end

new text begin Establishment. new text end

new text begin The commissioner of human services shall establish a
certified peer specialists program model, which:
new text end

new text begin (1) provides nonclinical peer support counseling by certified peer specialists;
new text end

new text begin (2) provides a part of a wraparound continuum of services in conjunction with
other community mental health services;
new text end

new text begin (3) is individualized to the consumer; and
new text end

new text begin (4) promotes socialization, recovery, self-sufficiency, self-advocacy, development of
natural supports, and maintenance of skills learned in other support services.
new text end

new text begin Subd. 3. new text end

new text begin Eligibility. new text end

new text begin Peer support services may be made available to consumers
of the intensive rehabilitative mental health services under section 256B.0622 and adult
rehabilitative mental health services under section 256B.0623.
new text end

new text begin Subd. 4. new text end

new text begin Peer support specialist program providers. new text end

new text begin The commissioner shall
develop a process to certify peer support specialist programs, in accordance with the
federal guidelines, in order for the program to bill for reimbursable services. Peer support
programs may be freestanding or within existing mental health community provider
centers.
new text end

new text begin Subd. 5. new text end

new text begin Certified peer specialist training and certification. new text end

new text begin The commissioner
of human services shall develop a training and certification process for certified peer
specialists. The candidates must have had a primary diagnosis of mental illness and be
a current or former consumer of mental health services, must demonstrate leadership
and advocacy skills, and a strong dedication to recovery. The training curriculum must
teach participating consumers specific skills relevant to providing peer support to other
consumers. In addition to initial training and certification, the commissioner shall develop
ongoing continuing educational workshops on pertinent issues related to peer support
counseling.
new text end

Sec. 2.

Minnesota Statutes 2006, section 256B.0622, subdivision 2, is amended to read:

Subd. 2.

Definitions.

For purposes of this section, the following terms have the
meanings given them.

(a) "Intensive nonresidential rehabilitative mental health services" means adult
rehabilitative mental health services as defined in section 256B.0623, subdivision 2,
paragraph (a), except that these services are provided by a multidisciplinary staff using
a total team approach consistent with assertive community treatment, the Fairweather
Lodge treatment model, as defined by the standards established by the National Coalition
for Community Living, and other evidence-based practices, and directed to recipients with
a serious mental illness who require intensive services.

(b) "Intensive residential rehabilitative mental health services" means short-term,
time-limited services provided in a residential setting to recipients who are in need of
more restrictive settings and are at risk of significant functional deterioration if they do
not receive these services. Services are designed to develop and enhance psychiatric
stability, personal and emotional adjustment, self-sufficiency, and skills to live in a more
independent setting. Services must be directed toward a targeted discharge date with
specified client outcomes and must be consistent with the Fairweather Lodge treatment
model as defined in paragraph (a), and other evidence-based practices.

(c) "Evidence-based practices" are nationally recognized mental health services that
are proven by substantial research to be effective in helping individuals with serious
mental illness obtain specific treatment goals.

(d) "Overnight staff" means a member of the intensive residential rehabilitative
mental health treatment team who is responsible during hours when recipients are
typically asleep.

(e) "Treatment team" means all staff who provide services under this section
to recipients. At a minimum, this includes the clinical supervisor, mental health
professionals deleted text begin , deleted text end new text begin as defined in section 245.462, subdivision 18, clauses (1) to (5); new text end mental
health practitioners deleted text begin , and deleted text end new text begin as defined in section 245.462, subdivision 17; new text end mental health
rehabilitation workers new text begin under section 256B.0623, subdivision 5, clause (3); and certified
peer specialists under section 256B.0615 new text end .

Sec. 3.

Minnesota Statutes 2006, section 256B.0623, subdivision 5, is amended to read:

Subd. 5.

Qualifications of provider staff.

Adult rehabilitative mental health
services must be provided by qualified individual provider staff of a certified provider
entity. Individual provider staff must be qualified under one of the following criteria:

(1) a mental health professional as defined in section 245.462, subdivision 18,
clauses (1) to (5). If the recipient has a current diagnostic assessment by a licensed
mental health professional as defined in section 245.462, subdivision 18, clauses (1) to
(5), recommending receipt of adult mental health rehabilitative services, the definition of
mental health professional for purposes of this section includes a person who is qualified
under section 245.462, subdivision 18, clause (6), and who holds a current and valid
national certification as a certified rehabilitation counselor or certified psychosocial
rehabilitation practitioner;

(2) a mental health practitioner as defined in section 245.462, subdivision 17. The
mental health practitioner must work under the clinical supervision of a mental health
professional; deleted text begin or deleted text end

new text begin (3) a certified peer specialist under section 256B.0615. The certified peer specialist
must work under the clinical supervision of a mental health professional; or
new text end

deleted text begin (3) deleted text end new text begin (4) new text end a mental health rehabilitation worker. A mental health rehabilitation worker
means a staff person working under the direction of a mental health practitioner or mental
health professional and under the clinical supervision of a mental health professional in
the implementation of rehabilitative mental health services as identified in the recipient's
individual treatment plan who:

(i) is at least 21 years of age;

(ii) has a high school diploma or equivalent;

(iii) has successfully completed 30 hours of training during the past two years in all
of the following areas: recipient rights, recipient-centered individual treatment planning,
behavioral terminology, mental illness, co-occurring mental illness and substance abuse,
psychotropic medications and side effects, functional assessment, local community
resources, adult vulnerability, recipient confidentiality; and

(iv) meets the qualifications in subitem (A) or (B):

(A) has an associate of arts degree in one of the behavioral sciences or human
services, or is a registered nurse without a bachelor's degree, or who within the previous
ten years has:

(1) three years of personal life experience with serious and persistent mental illness;

(2) three years of life experience as a primary caregiver to an adult with a serious
mental illness or traumatic brain injury; or

(3) 4,000 hours of supervised paid work experience in the delivery of mental health
services to adults with a serious mental illness or traumatic brain injury; or

(B)(1) is fluent in the non-English language or competent in the culture of the
ethnic group to which at least 20 percent of the mental health rehabilitation worker's
clients belong;

(2) receives during the first 2,000 hours of work, monthly documented individual
clinical supervision by a mental health professional;

(3) has 18 hours of documented field supervision by a mental health professional
or practitioner during the first 160 hours of contact work with recipients, and at least six
hours of field supervision quarterly during the following year;

(4) has review and cosignature of charting of recipient contacts during field
supervision by a mental health professional or practitioner; and

(5) has 40 hours of additional continuing education on mental health topics during
the first year of employment.