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Minnesota Legislature

Office of the Revisor of Statutes

HF 469

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:37am

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/02/2009

Current Version - as introduced

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A bill for an act
relating to human services; changing mental health provisions; amending
criminal justice and public safety; creating public safety grants; amending
children's mental health services; creating a loan forgiveness program; providing
additional medical assistance coverage for mental health issues; providing rate
increases; creating a fatality review team; requiring studies; amending mental
health funding; providing criminal penalties; allowing rulemaking; appropriating
money; amending Minnesota Statutes 2008, sections 43A.23, subdivision
1; 43A.316, by adding a subdivision; 120A.22, subdivision 12; 125A.15;
125A.51; 126C.44; 145.56, subdivisions 1, 2; 245.462, subdivision 18; 245.470,
subdivision 1; 245.4871, subdivision 27; 245.488, subdivision 1; 256B.038;
256B.055, by adding a subdivision; 256B.0622, subdivisions 2, 6; 256B.0623,
subdivisions 5, 8; 256B.0624, subdivisions 4, 5, 8; 256B.0625, subdivisions
13c, 13f, 38, 42, 43, 46; 256B.0943, subdivision 1, by adding subdivisions;
256B.763; 256D.03, subdivisions 3, 4; 256J.08, subdivision 73a; 256L.07,
subdivision 3; 403.03; 403.05, subdivision 1; Laws 2007, chapter 147, article 7,
section 71; proposing coding for new law in Minnesota Statutes, chapters 144;
256; 260C; 626; 641.

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

ARTICLE 1

CRIMINAL JUSTICE AND PUBLIC SAFETY

Section 1.

Minnesota Statutes 2008, section 403.03, is amended to read:


403.03 911 SERVICES TO BE PROVIDED.

Services available through a 911 system shall include police, firefighting, and
emergency medical and ambulance services. Other emergency and civil defense services
may be incorporated into the 911 system at the discretion of the public agency operating
the public safety answering point.new text begin The 911 system may include a referral to mental health
crisis teams, where available.
new text end

Sec. 2.

Minnesota Statutes 2008, section 403.05, subdivision 1, is amended to read:


Subdivision 1.

Operate and maintain.

Each county or any other governmental
agency shall operate and maintain its 911 system to meet the requirements of governmental
agencies whose services are available through the 911 system and to permit future
expansion or enhancement of the system. new text beginEnhancement activities may include mental
health crisis training.
new text endEach county or any other governmental agency shall ensure that a
911 emergency call made with a wireless access device is automatically connected to and
answered by the appropriate public safety answering point.

Sec. 3.

new text begin [626.96] CRISIS INTERVENTION TEAM GRANTS.
new text end

new text begin Subdivision 1. new text end

new text begin Request for proposals. new text end

new text begin The commissioner of public safety shall
create a competitive grant process using request for proposals for crisis intervention team
training for local police and sheriff departments. Before making grants under this section,
the commissioner shall consult with the following organizations or individuals regarding
the development of the request for proposals:
new text end

new text begin (1) the Barbara Schneider Foundation;
new text end

new text begin (2) the National Alliance on Mental Illness;
new text end

new text begin (3) the Mental Health Association of Minnesota; and
new text end

new text begin (4) national experts on crisis intervention team training.
new text end

new text begin Subd. 2. new text end

new text begin Training requirements. new text end

new text begin The training provided with grants made under
this section must include, but is not limited to, the following components:
new text end

new text begin (1) an overview of mental illnesses and the mental health system;
new text end

new text begin (2) site visits to psychiatric receiving facilities;
new text end

new text begin (3) an overview of mental health courts;
new text end

new text begin (4) an overview of specific psychiatric conditions, their manifestations, and
treatment; and
new text end

new text begin (5) crisis intervention team reporting and data collection.
new text end

new text begin At least 20 percent of each training must involve scenario-based role play training with the
use of a professional acting company with crisis intervention team training experience.
Training provided under this subdivision must be at least 40 hours. The training must
encourage and support the statewide development of crisis intervention teams for law
enforcement. The training must promote the development of local collaboration among
public safety professionals, community mental health and emergency medicine providers,
and members of the public.
new text end

Sec. 4.

new text begin [641.156] COUNTY JAIL REENTRY PROJECTS; GRANTS.
new text end

new text begin Subdivision 1. new text end

new text begin Purpose. new text end

new text begin The purpose of the reentry project is to promote public
safety, prevent recidivism, and promote a successful reintegration into the community
by providing services to individuals confined in jails and county regional jails who are
identified as having mental illness, traumatic brain injury, chemical dependency, or being
homeless.
new text end

new text begin Subd. 2. new text end

new text begin Grants. new text end

new text begin (a) The commissioner of corrections, in consultation with the
commissioner of human services, shall award grants to county boards for two-year reentry
pilot projects. At a minimum, one project must be located outside the seven-county
metropolitan area. Projects will target prisoners in jails and county regional jails who have
a release date and are identified as having:
new text end

new text begin (1) a mental illness, as defined in section 245.462, subdivision 20;
new text end

new text begin (2) a traumatic brain injury, as defined in section 256B.093, subdivision 4;
new text end

new text begin (3) chemical dependency, as defined in section 253B.02, subdivision 2; or
new text end

new text begin (4) a history of homelessness, as defined in section 116L.361, subdivision 5.
new text end

new text begin (b) The projects shall include a collaboration of county agencies and may provide a
range of services including, but not limited to, screening and assessment, client-specific
programming, discharge planning and follow-up assistance, and follow up for at least
three months after the prisoner has reentered the community.
new text end

new text begin Subd. 3. new text end

new text begin Applications. new text end

new text begin A grant applicant shall prepare and submit to the
commissioner of corrections a written proposal detailing the plan and strategies on how
the applicant will implement the program. The application shall include a proposed
evaluation component of outcome measures including, but not limited to, numbers of
prisoners served, recidivism, and restoration of public benefits.
new text end

Sec. 5. new text beginAPPROPRIATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Grant program. new text end

new text begin $....... is appropriated from the general fund to
the commissioner of corrections for fiscal year 2010 and $....... for fiscal year 2011 to
administer the grant program established in Minnesota Statutes, section 641.156.
new text end

new text begin Subd. 2. new text end

new text begin Discharge planning. new text end

new text begin $....... is appropriated from the general fund to
the commissioner of human services for the biennium beginning July 1, 2009, to fund
discharge planning for offenders with serious and persistent mental illness as defined in
Minnesota Statutes, section 245.462, subdivision 20, paragraph (c), who are pending
release from correctional facilities.
new text end

new text begin Subd. 3. new text end

new text begin Mental health courts. new text end

new text begin $....... for fiscal year 2010 and $....... for fiscal
year 2011 are appropriated from the general fund to the Supreme Court to develop and
implement standards for mental health courts.
new text end

new text begin Subd. 4. new text end

new text begin Crisis intervention training. new text end

new text begin $144,000 is appropriated for the biennium
beginning July 1, 2009, from the general fund to the commissioner of public safety to fund
grants to local police departments to conduct crisis intervention training under Minnesota
Statutes, section 626.96. The commissioner may use up to 2.5 percent of the amount
appropriated under this subdivision for costs of administering this grant program.
new text end

ARTICLE 2

CHILDREN'S MENTAL HEALTH

Section 1.

new text begin [256.9961] COLLABORATIVE SERVICES FOR HIGH-RISK
CHILDREN.
new text end

new text begin To provide early intervention collaborative services to children who are at high risk
for child maltreatment, substance use, mental illness, and serious and violent offending,
but not subject to the delinquency provisions of chapter 260B, the commissioner of human
services shall fund one or more projects that identify and serve these children. The
projects shall include the following program components:
new text end

new text begin (1) multidimensional screening instruments;
new text end

new text begin (2) multidisciplinary and multijurisdictional collaborative services;
new text end

new text begin (3) integrated information systems;
new text end

new text begin (4) intensive in-home and community casework;
new text end

new text begin (5) continuous tracking of outcomes; and
new text end

new text begin (6) multidimensional evaluations and cost-benefit analysis.
new text end

new text begin Projects must use all available funding streams.
new text end

Sec. 2.

Minnesota Statutes 2008, section 256B.055, is amended by adding a
subdivision to read:


new text begin Subd. 2a. new text end

new text begin Foster children to age 21. new text end

new text begin Foster children for whom the commissioner or
counties have custody and financial responsibility on their 18th birthday must be enrolled
in medical assistance upon the completion of an application and must be certified eligible
for medical assistance by the commissioner until their 21st birthday. Once certified
eligible, reapplication is not required.
new text end

Sec. 3.

Minnesota Statutes 2008, section 256B.0943, is amended by adding a
subdivision to read:


new text begin Subd. 14. new text end

new text begin Rate increase for children's therapeutic services and support.
new text end

new text begin Effective January 1, 2010, services that are provided as a component of children's
therapeutic services and supports, when combined and delivered as a day treatment
program, must be increased 15 percent over the rates in effect on January 1, 2009. The
commissioner shall adjust rates paid to prepaid health plans under contract with the
commissioner to reflect this increase. Prepaid medical assistance health plans must pass
this increase to providers over the contracted rates in effect January 1, 2008.
new text end

Sec. 4.

new text begin [260C.456] FOSTER CARE BENEFITS UNTIL AGE 21.
new text end

new text begin Upon the request of a person at any time between the ages of 18 and 21 who had
been receiving foster care benefits in the six consecutive months prior to the person's 18th
birthday, or who was discharged while on runaway status after age 15, or who had been
under state guardianship as dependent or neglected, the local agency shall develop, in
conjunction with the person and other appropriate parties, a specific plan related to that
person's vocational, educational, social, or maturational needs and shall ensure that any
foster care, housing, or counseling benefits are tied to that plan.
new text end

ARTICLE 3

MISCELLANEOUS MENTAL HEALTH

Section 1.

new text begin [144.206] LOAN FORGIVENESS PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin (a) A loan forgiveness program account is
established. The commissioner of health shall use money from the account to establish a
loan forgiveness program for individuals who are employed by a nonprofit agency that
provides mental health services for cultural or ethnic minority clients.
new text end

new text begin (b) Appropriations made to the account do not cancel and are available until
expended, except that at the end of the biennium, any remaining balance in the account
that is not committed by contract and is not needed to fulfill existing commitments shall
cancel and be deposited in the general fund.
new text end

new text begin Subd. 2. new text end

new text begin Definition. new text end

new text begin For the purposes of this section, "qualified educational loan"
means a government, commercial, or foundation loan for actual costs paid for tuition,
reasonable education expenses, and reasonable living expenses related to the graduate
education of a mental health professional.
new text end

new text begin Subd. 3. new text end

new text begin Eligibility. new text end

new text begin To be eligible to participate in the loan forgiveness program, an
individual must be employed by a nonprofit agency that provides mental health services
for cultural or ethnic minority clients and must be of the same culture or ethnicity as
the clients. An applicant selected to participate must sign a contract agreeing to remain
employed with the nonprofit agency for a three-year full-time term, which must begin no
later than 30 days following completion of the required training.
new text end

new text begin The commissioner may select applicants each year for participation in the loan
forgiveness program, within the limits of available funding. Applicants are responsible for
securing their own qualified educational loans. The commissioner shall select participants
based on their suitability for practice serving the required cultural or ethnic minority
population. The commissioner shall give preference to applicants closest to completing
their education.
new text end

new text begin Subd. 4. new text end

new text begin Disbursements. new text end

new text begin For each year that a participant meets the service
obligation required under subdivision 3, the commissioner shall make annual
disbursements directly to the participant equivalent to 25 percent of the participant's loan
indebtedness, not to exceed the balance of the participant's qualifying educational loans.
Before receiving loan repayment disbursements, and as requested, the participant and the
employer must complete and return to the commissioner an affidavit of practice form
provided by the commissioner verifying that the participant is practicing as required under
subdivision 3. The participant must provide the commissioner with verification that the full
amount of the loan repayment disbursement received by the participant has been applied
toward the designated loans. After each disbursement, verification must be received by
the commissioner and approved before the next loan repayment disbursement is made.
new text end

new text begin If a participant does not fulfill the minimum commitment of service under
subdivision 3, the commissioner shall collect from the participant the full amount paid
to the participant under the loan forgiveness program plus interest at the rate established
under section 270C.40. The commissioner shall deposit the money collected in the
general fund. The commissioner shall allow waivers of all or part of the money owed
the commissioner as a result of nonfulfillment if emergency circumstances prevented
fulfillment of the minimum service commitment.
new text end

Sec. 2.

Minnesota Statutes 2008, section 145.56, subdivision 1, is amended to read:


Subdivision 1.

Suicide prevention plan.

The commissioner of health shall refine,
coordinate, and implement the state's suicide prevention plan using an evidence-based,
public health approach focused on prevention, in collaboration with the commissioner of
human services; the commissioner of public safety; the commissioner of education; new text beginthe
chancellor of Minnesota State Colleges and Universities; the president of the University of
Minnesota;
new text endand appropriate agencies, organizations, and institutions in the community.

Sec. 3.

Minnesota Statutes 2008, section 145.56, subdivision 2, is amended to read:


Subd. 2.

Community-based programs.

To the extent funds are appropriated for the
purposes of this subdivision, the commissioner shall establish a grant program to fund:

(1) community-based programs to provide education, outreach, and advocacy
services to populations who may be at risk for suicide;

(2) community-based programs that educate community helpers and gatekeepers,
such as family members, spiritual leaders, coaches, and business owners, employers, and
coworkers on how to prevent suicide by encouraging help-seeking behaviors;

(3) community-based programs that educate populations at risk for suicide and
community helpers and gatekeepers that must include information on the symptoms
of depression and other psychiatric illnesses, the warning signs of suicide, skills for
preventing suicides, and making or seeking effective referrals to intervention and
community resources; and

(4) community-based programs to provide evidence-based suicide prevention and
intervention education to school staff, parents, and students in grades kindergarten through
12new text begin, and for students attending Minnesota colleges and universitiesnew text end.

Sec. 4.

Minnesota Statutes 2008, section 245.462, subdivision 18, is amended to read:


Subd. 18.

Mental health professional.

"Mental health professional" means a
person providing clinical services in the treatment of mental illness who is qualified in at
least one of the following ways:

(1) in psychiatric nursing: a registered nurse who is licensed under sections 148.171
to 148.285; and:

(i) who is certified as a clinical specialist or as a nurse practitioner in adult or family
psychiatric and mental health nursing by a national nurse certification organization; or

(ii) who has a master's degree in nursing or one of the behavioral sciences or related
fields from an accredited college or university or its equivalent, with at least 4,000 hours
of post-master's supervised experience in the delivery of clinical services in the treatment
of mental illness;

(2) in clinical social work: a person licensed as an independent clinical social worker
under chapter 148D, or a person with a master's degree in social work from an accredited
college or university, with at least 4,000 hours of post-master's supervised experience in
the delivery of clinical services in the treatment of mental illness;

(3) in psychology: an individual licensed by the Board of Psychology under sections
148.88 to 148.98 who has stated to the Board of Psychology competencies in the diagnosis
and treatment of mental illness;

(4) in psychiatry: a physician licensed under chapter 147 and certified by the
American Board of Psychiatry and Neurology or eligible for board certification in
psychiatry;

(5) in marriage and family therapy: the mental health professional must be a
marriage and family therapist licensed under sections 148B.29 to 148B.39 with at least
two years of post-master's supervised experience in the delivery of clinical services in
the treatment of mental illness; deleted text beginor
deleted text end

(6) new text beginin licensed professional clinical counseling: the mental health professional
shall be a licensed professional clinical counselor under section 148B.5301 with at least
4,000 hours of postmaster's supervised experience in the delivery of clinical services in
the treatment of mental illness; or
new text end

new text begin (7) new text endin allied fields: a person with a master's degree from an accredited college or
university in one of the behavioral sciences or related fields, with at least 4,000 hours of
post-master's supervised experience in the delivery of clinical services in the treatment of
mental illness.

Sec. 5.

Minnesota Statutes 2008, section 245.470, 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 adults
with mental illness residing in the county. Services may be provided directly by the
county through county-operated mental health centers or mental health clinics approved
by the commissioner under section 245.69, subdivision 2; by contract with privately
operated mental health centers or mental health clinics approved by the commissioner
under section 245.69, subdivision 2; by contract with hospital mental health outpatient
programs certified by the Joint Commission on Accreditation of Hospital Organizations;
or by contract with a licensed mental health professional as defined in section 245.462,
subdivision 18
, clauses (1) to deleted text begin(4)deleted text endnew text begin (6)new text end. Clients may be required to pay a fee according to
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 an adult's mental health needs through therapy;

(6) prescribing and managing medication and evaluating the effectiveness of
prescribed medication; and

(7) preventing placement in settings that are more intensive, costly, or restrictive
than necessary and appropriate to meet client needs.

(b) County boards may request a waiver allowing outpatient services to be provided
in a nearby trade area if it is determined that the client can best be served outside the
county.

Sec. 6.

Minnesota Statutes 2008, section 245.4871, subdivision 27, is amended to read:


Subd. 27.

Mental health professional.

"Mental health professional" means a
person providing clinical services in the diagnosis and treatment of children's emotional
disorders. A mental health professional must have training and experience in working with
children consistent with the age group to which the mental health professional is assigned.
A mental health professional must be qualified in at least one of the following ways:

(1) in psychiatric nursing, the mental health professional must be a registered nurse
who is licensed under sections 148.171 to 148.285 and who is certified as a clinical
specialist in child and adolescent psychiatric or mental health nursing by a national nurse
certification organization or who has a master's degree in nursing or one of the behavioral
sciences or related fields from an accredited college or university or its equivalent, with
at least 4,000 hours of post-master's supervised experience in the delivery of clinical
services in the treatment of mental illness;

(2) in clinical social work, the mental health professional must be a person licensed
as an independent clinical social worker under chapter 148D, or a person with a master's
degree in social work from an accredited college or university, with at least 4,000 hours of
post-master's supervised experience in the delivery of clinical services in the treatment
of mental disorders;

(3) in psychology, the mental health professional must be an individual licensed by
the board of psychology under sections 148.88 to 148.98 who has stated to the board of
psychology competencies in the diagnosis and treatment of mental disorders;

(4) in psychiatry, the mental health professional must be a physician licensed under
chapter 147 and certified by the American board of psychiatry and neurology or eligible
for board certification in psychiatry;

(5) in marriage and family therapy, the mental health professional must be a
marriage and family therapist licensed under sections 148B.29 to 148B.39 with at least
two years of post-master's supervised experience in the delivery of clinical services in the
treatment of mental disorders or emotional disturbances; deleted text beginor
deleted text end

(6) new text beginin licensed professional clinical counseling, the mental health professional shall
be a licensed professional clinical counselor under section 148B.5301 with at least 4,000
hours of postmaster's supervised experience in the delivery of clinical services in the
treatment of mental disorders or emotional disturbances; or
new text end

new text begin (7) new text endin allied fields, the mental health professional must be a person with a master's
degree from an accredited college or university in one of the behavioral sciences or related
fields, with at least 4,000 hours of post-master's supervised experience in the delivery of
clinical services in the treatment of emotional disturbances.

Sec. 7.

Minnesota Statutes 2008, 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 emotional disturbance residing in the county and the child's family. Services
may be provided directly by the county through county-operated mental health centers or
mental health clinics approved by the commissioner under section 245.69, subdivision 2;
by contract with privately operated mental health centers or mental health clinics approved
by the commissioner under section 245.69, subdivision 2; by contract with hospital
mental health outpatient programs certified by the Joint Commission on Accreditation
of Hospital Organizations; or by contract with a licensed mental health professional as
defined in section 245.4871, subdivision 27, clauses (1) to deleted text begin(4)deleted text endnew text begin (6)new text end. 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. 8.

Minnesota Statutes 2008, 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
as defined in section 245.462, subdivision 18, clauses (1) to deleted text begin(5)deleted text endnew text begin (6)new text end; mental health
practitioners as defined in section 245.462, subdivision 17; mental health rehabilitation
workers under section 256B.0623, subdivision 5, clause (3); and certified peer specialists
under section 256B.0615.

Sec. 9.

Minnesota Statutes 2008, section 256B.0622, subdivision 6, is amended to read:


Subd. 6.

Standards for intensive residential rehabilitative mental health
services.

(a) The provider of intensive residential services must have sufficient staff to
provide 24-hour-per-day coverage to deliver the rehabilitative services described in the
treatment plan and to safely supervise and direct the activities of recipients given the
recipient's level of behavioral and psychiatric stability, cultural needs, and vulnerability.
The provider must have the capacity within the facility to provide integrated services
for chemical dependency, illness management services, and family education when
appropriate.

(b) At a minimum:

(1) staff must be available and provide direction and supervision whenever recipients
are present in the facility;

(2) staff must remain awake during all work hours;

(3) there must be a staffing ratio of at least one to nine recipients for each day and
evening shift. If more than nine recipients are present at the residential site, there must be
a minimum of two staff during day and evening shifts, one of whom must be a mental
health practitioner or mental health professional;

(4) if services are provided to recipients who need the services of a medical
professional, the provider shall assure that these services are provided either by the
provider's own medical staff or through referral to a medical professional; deleted text beginand
deleted text end

(5) the provider must assure the timely availability of a licensed registered
nurse, either directly employed or under contract, who is responsible for ensuring the
effectiveness and safety of medication administration in the facility and assessing patients
for medication side effects and drug interactionsnew text begin; and
new text end

new text begin (6) for intensive residential rehabilitative mental health services, nothing in this
subdivision limits the provision of services to only those clients from the contracting
county
new text end.

Sec. 10.

Minnesota Statutes 2008, 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 deleted text begin(5)deleted text endnew text begin (6)new text end. 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 deleted text begin(5)deleted text endnew text begin
(6)
new text end, 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 deleted text begin(6)deleted text endnew text begin (7)new text end, 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;

(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

(4) 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.

Sec. 11.

Minnesota Statutes 2008, section 256B.0624, subdivision 4, is amended to
read:


Subd. 4.

Provider entity standards.

(a) A provider entity is an entity that meets
the standards listed in paragraph (b) and:

(1) is a county board operated entity; or

(2) is a provider entity that is under contract with the county board in the county
where the potential crisis or emergency is occurring. To provide services under this
section, the provider entity must directly provide the services; or if services are
subcontracted, the provider entity must maintain responsibility for services and billing.new text begin
Where crisis stabilization services are provided in a supervised, licensed residential
setting, nothing in this subdivision limits the provision of services to only those clients
from the contracting county.
new text end

(b) The adult mental health crisis response services provider entity must meet the
following standards:

(1) has the capacity to recruit, hire, and manage and train mental health professionals,
practitioners, and rehabilitation workers;

(2) has adequate administrative ability to ensure availability of services;

(3) is able to ensure adequate preservice and in-service training;

(4) is able to ensure that staff providing these services are skilled in the delivery of
mental health crisis response services to recipients;

(5) is able to ensure that staff are capable of implementing culturally specific
treatment identified in the individual treatment plan that is meaningful and appropriate as
determined by the recipient's culture, beliefs, values, and language;

(6) is able to ensure enough flexibility to respond to the changing intervention and
care needs of a recipient as identified by the recipient during the service partnership
between the recipient and providers;

(7) is able to ensure that mental health professionals and mental health practitioners
have the communication tools and procedures to communicate and consult promptly about
crisis assessment and interventions as services occur;

(8) is able to coordinate these services with county emergency services and mental
health crisis services;

(9) is able to ensure that mental health crisis assessment and mobile crisis
intervention services are available 24 hours a day, seven days a week;

(10) is able to ensure that services are coordinated with other mental health service
providers, county mental health authorities, or federally recognized American Indian
authorities and others as necessary, with the consent of the adult. Services must also be
coordinated with the recipient's case manager if the adult is receiving case management
services;

(11) is able to ensure that crisis intervention services are provided in a manner
consistent with sections 245.461 to 245.486;

(12) is able to submit information as required by the state;

(13) maintains staff training and personnel files;

(14) is able to establish and maintain a quality assurance and evaluation plan to
evaluate the outcomes of services and recipient satisfaction;

(15) is able to keep records as required by applicable laws;

(16) is able to comply with all applicable laws and statutes;

(17) is an enrolled medical assistance provider; and

(18) develops and maintains written policies and procedures regarding service
provision and administration of the provider entity, including safety of staff and recipients
in high-risk situations.

Sec. 12.

Minnesota Statutes 2008, section 256B.0624, subdivision 5, is amended to
read:


Subd. 5.

Mobile crisis intervention staff qualifications.

For provision of adult
mental health mobile crisis intervention services, a mobile crisis intervention team is
comprised of at least two mental health professionals as defined in section 245.462,
subdivision 18
, clauses (1) to deleted text begin(5)deleted text endnew text begin (6)new text end, or a combination of at least one mental health
professional and one mental health practitioner as defined in section 245.462, subdivision
17
, with the required mental health crisis training and under the clinical supervision of
a mental health professional on the team. The team must have at least two people with
at least one member providing on-site crisis intervention services when needed. Team
members must be experienced in mental health assessment, crisis intervention techniques,
and clinical decision-making under emergency conditions and have knowledge of local
services and resources. The team must recommend and coordinate the team's services
with appropriate local resources such as the county social services agency, mental health
services, and local law enforcement when necessary.

Sec. 13.

Minnesota Statutes 2008, section 256B.0624, subdivision 8, is amended to
read:


Subd. 8.

Adult crisis stabilization staff qualifications.

(a) Adult mental health
crisis stabilization services must be provided by qualified individual staff of a qualified
provider entity. Individual provider staff must have the following qualifications:

(1) be a mental health professional as defined in section 245.462, subdivision 18,
clauses (1) to deleted text begin(5)deleted text endnew text begin (6)new text end;

(2) be 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; or

(3) be a mental health rehabilitation worker who meets the criteria in section
256B.0623, subdivision 5, clause (3); works under the direction of a mental health
practitioner as defined in section 245.462, subdivision 17, or under direction of a
mental health professional; and works under the clinical supervision of a mental health
professional.

(b) Mental health practitioners and mental health rehabilitation workers must have
completed at least 30 hours of training in crisis intervention and stabilization during
the past two years.

Sec. 14.

Minnesota Statutes 2008, section 256B.0625, subdivision 13c, is amended to
read:


Subd. 13c.

Formulary committee.

The commissionerdeleted text begin,deleted text endnew text begin shall provide a notice of
vacancies and post an application for appointment to the formulary committee on the
department's Web site.
new text end After new text beginreviewing the applications and new text endreceiving deleted text beginrecommendationsdeleted text endnew text begin
input
new text end from professional medical associations deleted text beginanddeleted text endnew text begin,new text end professional pharmacy associations,
and consumer groupsnew text begin, the commissioner new text end shall designate a Formulary Committee to carry
out duties as described in subdivisions 13 to 13g. The Formulary Committee shall be
comprised of four licensed physicians actively engaged in the practice of medicine in
Minnesota one of whom must be actively engaged in the treatment of persons with mental
illness; at least three licensed pharmacists actively engaged in the practice of pharmacy in
Minnesota; new text begina clinical researcher; new text endand deleted text beginonedeleted text endnew text begin three new text end consumer deleted text beginrepresentativedeleted text endnew text begin representativesnew text end;
the remainder to be made up of health care new text beginor mental health care new text endprofessionals who
are licensed in their field and have recognized knowledge in the clinically appropriate
prescribing, dispensing, and monitoring of covered outpatient drugs. Members of the
Formulary Committee shall not be employed by the Department of Human Services,
but the committee shall be staffed by an employee of the department who shall serve as
an ex officio, nonvoting member of the committee. The department's medical director
shall also serve as an ex officio, nonvoting member for the committee. Committee
members shall serve three-year terms and may be reappointed new text beginonce new text endby the commissionernew text begin
for a total of two consecutive terms
new text end. The Formulary Committee shall meet at least
quarterly. The commissioner may require more frequent Formulary Committee meetings
as needed. new text beginMeeting notices and drugs to be considered shall be conspicuously posted on
the department's Web site at least 14 days prior to a meeting.
new text endAn honorarium of $100
per meeting and reimbursement for mileage shall be paid to each committee member
in attendance.

Sec. 15.

Minnesota Statutes 2008, section 256B.0625, subdivision 13f, is amended to
read:


Subd. 13f.

Prior authorization.

(a) The Formulary Committee shall review and
recommend drugs which require prior authorization. The Formulary Committee shall
establish general criteria to be used for the prior authorization of brand-name drugs for
which generically equivalent drugs are available, but the committee is not required to
review each brand-name drug for which a generically equivalent drug is available.

(b) Prior authorization may be required by the commissioner before certain
formulary drugs are eligible for payment. The Formulary Committee may recommend
drugs for prior authorization directly to the commissioner. The commissioner may also
request that the Formulary Committee review a drug for prior authorization. Before the
commissioner may require prior authorization for a drug:

(1) the commissioner must provide information to the Formulary Committee on the
impact that placing the drug on prior authorization may have on the quality of patient care
and on program costs, information regarding whether the drug is subject to clinical abuse
or misuse, and relevant data from the state Medicaid program if such data is available;

(2) the Formulary Committee must review the drug, taking into account medical and
clinical data and the information provided by the commissionernew text begin or other sourcesnew text end; and

(3) the Formulary Committee must hold a public forum and receive public comment
for an additional 15 days.new text begin Notice of the forum must be published in the State Register.
new text end

The commissioner must provide a 15-day notice period before implementing the prior
authorization.

(c) Prior authorization shall not be required or utilized for any atypical antipsychotic
drug prescribed for the treatment of mental illness deleted text beginif:deleted text endnew text begin.
new text end

new text begin (d) Prior authorization shall not be required or utilized for any other medication used
to treat mental illness if:
new text end

(1) there is no generically equivalent drug available; deleted text beginand
deleted text end

(2) the drug deleted text beginwas initially prescribed for the recipient prior to July 1, 2003deleted text endnew text begin provides a
new method of delivery, longevity, or dosage
new text end; or

(3) the drug is part of the recipient's current course of treatment.

This paragraph applies to any multistate preferred drug list or supplemental drug rebate
program established or administered by the commissioner. Prior authorization shall
automatically be granted for 60 days for brand name drugs prescribed for treatment of
mental illness within 60 days of when a generically equivalent drug becomes available,
provided that the brand name drug was part of the recipient's course of treatment at the
time the generically equivalent drug became available.

deleted text begin (d)deleted text endnew text begin (e) new text end Prior authorization shall not be required or utilized for any antihemophilic
factor drug prescribed for the treatment of hemophilia and blood disorders where there is
no generically equivalent drug available if the prior authorization is used in conjunction
with any supplemental drug rebate program or multistate preferred drug list established or
administered by the commissioner.

deleted text begin (e)deleted text endnew text begin (f) new text end The commissioner may require prior authorization for brand name drugs
whenever a generically equivalent product is available, even if the prescriber specifically
indicates "dispense as written-brand necessary" on the prescription as required by section
151.21, subdivision 2.

deleted text begin (f)deleted text endnew text begin (g) new text end Notwithstanding this subdivision, the commissioner may automatically
require prior authorization, for a period not to exceed 180 days, for any drug that is
approved by the United States Food and Drug Administration on or after July 1, 2005.
The 180-day period begins no later than the first day that a drug is available for shipment
to pharmacies within the state. The Formulary Committee shall recommend to the
commissioner general criteria to be used for the prior authorization of the drugs, but
the committee is not required to review each individual drug. In order to continue prior
authorizations for a drug after the 180-day period has expired, the commissioner must
follow the provisions of this subdivision.

Sec. 16.

Minnesota Statutes 2008, section 256B.0625, subdivision 42, is amended to
read:


Subd. 42.

Mental health professional.

Notwithstanding Minnesota Rules, part
9505.0175, subpart 28, the definition of a mental health professional shall include a person
who is qualified as specified in section 245.462, subdivision 18, deleted text beginclausedeleted text endnew text begin clauses new text end (5)new text begin and (6)new text end;
or 245.4871, subdivision 27, deleted text beginclausedeleted text endnew text begin clausesnew text end (5)new text begin and (6)new text end, for the purpose of this section and
Minnesota Rules, parts 9505.0170 to 9505.0475.

Sec. 17.

Minnesota Statutes 2008, section 256B.0943, subdivision 1, is amended to
read:


Subdivision 1.

Definitions.

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

(a) "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. 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.

(b) "Clinical supervision" means the overall responsibility of the mental health
professional for the control and direction of individualized treatment planning, service
delivery, and treatment review for each client. A mental health professional who is an
enrolled Minnesota health care program provider accepts full professional responsibility
for a supervisee's actions and decisions, instructs the supervisee in the supervisee's work,
and oversees or directs the supervisee's work.

(c) "County board" means the county board of commissioners or board established
under sections 402.01 to 402.10 or 471.59.

(d) "Crisis assistance" 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 program
consisting of group psychotherapy for more than three individuals and other intensive
therapeutic services provided by a multidisciplinary team, under the clinical supervision
of a mental health professional.

(g) "Diagnostic assessment" has the meaning given in section 245.4871, subdivision
11
.

(h) "Direct service time" means the time that a mental health professional, mental
health practitioner, or mental health behavioral aide spends face-to-face with a client
and the client's family. Direct service time includes time in which the provider obtains
a client's history 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, maintaining clinical records, consulting with others
about the client's mental health status, preparing reports, receiving clinical supervision
directly related to the client's psychotherapy session, and revising the client's individual
treatment plan.

(i) "Direction of mental health behavioral aide" means the activities of a mental
health professional 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 individualized treatment plan and meet the requirements in
subdivision 6, paragraph (b), clause (5).

(j) "Emotional disturbance" has the meaning given in section 245.4871, subdivision
15
. For persons at least age 18 but under age 21, mental illness has the meaning given in
section 245.462, subdivision 20, paragraph (a).

(k) "Individual behavioral plan" means a plan of intervention, treatment, and
services for a child written by a mental health professional or mental health practitioner,
under the clinical supervision of a mental health professional, to guide the work of the
mental health behavioral aide.

(l) "Individual treatment plan" has the meaning given in section 245.4871,
subdivision 21
.

(m) "Mental health professional" means an individual as defined in section 245.4871,
subdivision 27
, clauses (1) to deleted text begin(5)deleted text endnew text begin (6)new text end, or tribal vendor as defined in section 256B.02,
subdivision 7
, paragraph (b).

(n) "Preschool program" means a day program licensed under Minnesota Rules,
parts 9503.0005 to 9503.0175, and enrolled as a children's therapeutic services and
supports provider to provide a structured treatment program to a child who is at least 33
months old but who has not yet attended the first day of kindergarten.

(o) "Skills training" means individual, family, or group training designed to improve
the basic functioning of the child with emotional disturbance and the child's family in the
activities of daily living and community living, and to improve the social functioning of the
child and the child's family in areas important to the child's maintaining or reestablishing
residency in the community. Individual, family, and group skills training must:

(1) consist of activities designed to promote skill development of the child and the
child's family in the use of age-appropriate daily living skills, interpersonal and family
relationships, and leisure and recreational services;

(2) consist of activities that will assist the family's understanding of normal child
development and to use parenting skills that will help the child with emotional disturbance
achieve the goals outlined in the child's individual treatment plan; and

(3) promote family preservation and unification, promote the family's integration
with the community, and reduce the use of unnecessary out-of-home placement or
institutionalization of children with emotional disturbance.

Sec. 18.

Minnesota Statutes 2008, section 256D.03, subdivision 3, is amended to read:


Subd. 3.

General assistance medical care; eligibility.

(a) General assistance
medical care may be paid for any person who is not eligible for medical assistance under
chapter 256B, including eligibility for medical assistance based on a spenddown of excess
income according to section 256B.056, subdivision 5, or MinnesotaCare as defined in
paragraph (b), except as provided in paragraph (c), and:

(1) who is receiving assistance under section 256D.05, except for families with
children who are eligible under Minnesota family investment program (MFIP), or who is
having a payment made on the person's behalf under sections 256I.01 to 256I.06; or

(2) who is a resident of Minnesota; and

(i) who has gross countable income not in excess of 75 percent of the federal poverty
guidelines for the family size, using a six-month budget period and whose equity in assets
is not in excess of $1,000 per assistance unit. General assistance medical care is not
available for applicants or enrollees who are otherwise eligible for medical assistance but
fail to verify their assets. Enrollees who become eligible for medical assistance shall be
terminated and transferred to medical assistance. Exempt assets, the reduction of excess
assets, and the waiver of excess assets must conform to the medical assistance program in
section 256B.056, subdivisions 3 and 3d, with the following exception: the maximum
amount of undistributed funds in a trust that could be distributed to or on behalf of the
beneficiary by the trustee, assuming the full exercise of the trustee's discretion under the
terms of the trust, must be applied toward the asset maximum;

(ii) who has gross countable income above 75 percent of the federal poverty
guidelines but not in excess of 175 percent of the federal poverty guidelines for the
family size, using a six-month budget period, whose equity in assets is not in excess
of the limits in section 256B.056, subdivision 3c, and who applies during an inpatient
hospitalization; or

(iii) the commissioner shall adjust the income standards under this section each July
1 by the annual update of the federal poverty guidelines following publication by the
United States Department of Health and Human Services.

(b) Effective for applications and renewals processed on or after September 1, 2006,
general assistance medical care may not be paid for applicants or recipients who are adults
with dependent children under 21 whose gross family income is equal to or less than 275
percent of the federal poverty guidelines who are not described in paragraph (e).

(c) Effective for applications and renewals processed on or after September 1, 2006,
general assistance medical care may be paid for applicants and recipients who meet all
eligibility requirements of paragraph (a), clause (2), item (i), for a temporary period
beginning the date of application. Immediately following approval of general assistance
medical care, enrollees shall be enrolled in MinnesotaCare under section 256L.04,
subdivision 7
, with covered services as provided in section 256L.03 for the rest of the
six-month general assistance medical care eligibility period, until their six-month renewal.

(d) To be eligible for general assistance medical care following enrollment in
MinnesotaCare as required by paragraph (c), an individual must complete a new
application.

(e) Applicants and recipients eligible under paragraph (a), clause (1), are exempt
from the MinnesotaCare enrollment requirements in this subdivision if they:

(1) have applied for and are awaiting a determination of blindness or disability by
the state medical review team or a determination of eligibility for Supplemental Security
Income or Social Security Disability Insurance by the Social Security Administration;

(2) fail to meet the requirements of section 256L.09, subdivision 2;

(3) are homeless as defined by United States Code, title 42, section 11301, et seq.;

(4) are classified as end-stage renal disease beneficiaries in the Medicare program;

(5) are enrolled in private health care coverage as defined in section 256B.02,
subdivision 9;

(6) are eligible under paragraph (j);

(7) receive treatment funded pursuant to section 254B.02; or

(8) reside in the Minnesota sex offender program defined in chapter 246B.

(f) For applications received on or after October 1, 2003, eligibility may begin no
earlier than the date of application. For individuals eligible under paragraph (a), clause
(2), item (i), a redetermination of eligibility must occur every 12 months. Individuals are
eligible under paragraph (a), clause (2), item (ii), only during inpatient hospitalization but
may reapply if there is a subsequent period of inpatient hospitalization.

(g) Beginning September 1, 2006, Minnesota health care program applications and
renewals completed by recipients and applicants who are persons described in paragraph
(c) and submitted to the county agency shall be determined for MinnesotaCare eligibility
by the county agency. If all other eligibility requirements of this subdivision are met,
eligibility for general assistance medical care shall be available in any month during which
MinnesotaCare enrollment is pending. Upon notification of eligibility for MinnesotaCare,
notice of termination for eligibility for general assistance medical care shall be sent to
an applicant or recipient. If all other eligibility requirements of this subdivision are
met, eligibility for general assistance medical care shall be available until enrollment in
MinnesotaCare subject to the provisions of paragraphs (c), (e), and (f).

(h) The date of an initial Minnesota health care program application necessary to
begin a determination of eligibility shall be the date the applicant has provided a name,
address, and Social Security number, signed and dated, to the county agency or the
Department of Human Services. If the applicant is unable to provide a name, address,
Social Security number, and signature when health care is delivered due to a medical
condition or disability, a health care provider may act on an applicant's behalf to establish
the date of an initial Minnesota health care program application by providing the county
agency or Department of Human Services with provider identification and a temporary
unique identifier for the applicant. The applicant must complete the remainder of the
application and provide necessary verification before eligibility can be determined. The
county agency must assist the applicant in obtaining verification if necessary.

(i) County agencies are authorized to use all automated databases containing
information regarding recipients' or applicants' income in order to determine eligibility for
general assistance medical care or MinnesotaCare. Such use shall be considered sufficient
in order to determine eligibility and premium payments by the county agency.

(j) General assistance medical care is not available for a person in a correctional
facility unless the person is detained by law for less than one year in a county correctional
or detention facility as a person accused or convicted of a crime, or admitted as an
inpatient to a hospital on a criminal hold order, and the person is a recipient of general
assistance medical care at the time the person is detained by law or admitted on a criminal
hold order and as long as the person continues to meet other eligibility requirements
of this subdivision.

(k) General assistance medical care is not available for applicants or recipients who
do not cooperate with the county agency to meet the requirements of medical assistance.

(l) In determining the amount of assets of an individual eligible under paragraph
(a), clause (2), item (i), there shall be included any asset or interest in an asset, including
an asset excluded under paragraph (a), that was given away, sold, or disposed of for
less than fair market value within the 60 months preceding application for general
assistance medical care or during the period of eligibility. Any transfer described in this
paragraph shall be presumed to have been for the purpose of establishing eligibility for
general assistance medical care, unless the individual furnishes convincing evidence to
establish that the transaction was exclusively for another purpose. For purposes of this
paragraph, the value of the asset or interest shall be the fair market value at the time it
was given away, sold, or disposed of, less the amount of compensation received. For any
uncompensated transfer, the number of months of ineligibility, including partial months,
shall be calculated by dividing the uncompensated transfer amount by the average monthly
per person payment made by the medical assistance program to skilled nursing facilities
for the previous calendar year. The individual shall remain ineligible until this fixed period
has expired. The period of ineligibility may exceed 30 months, and a reapplication for
benefits after 30 months from the date of the transfer shall not result in eligibility unless
and until the period of ineligibility has expired. The period of ineligibility begins in the
month the transfer was reported to the county agency, or if the transfer was not reported,
the month in which the county agency discovered the transfer, whichever comes first. For
applicants, the period of ineligibility begins on the date of the first approved application.

(m) When determining eligibility for any state benefits under this subdivision,
the income and resources of all noncitizens shall be deemed to include their sponsor's
income and resources as defined in the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, title IV, Public Law 104-193, sections 421 and 422, and
subsequently set out in federal rules.

(n) Undocumented noncitizens and nonimmigrants are ineligible for general
assistance medical care. For purposes of this subdivision, a nonimmigrant is an individual
in one or more of the classes listed in United States Code, title 8, section 1101(a)(15), and
an undocumented noncitizen is an individual who resides in the United States without the
approval or acquiescence of the United States Citizenship and Immigration Services.

(o) Notwithstanding any other provision of law, a noncitizen who is ineligible for
medical assistance due to the deeming of a sponsor's income and resources, is ineligible
for general assistance medical care.

(p) Effective July 1, 2003, general assistance medical care emergency services end.

new text begin (q) Effective July 1, 2009, individuals in a correctional facility who have been
diagnosed with a mental illness as defined in section 245.462, subdivision 20, are
eligible for general assistance medical care for three months from the date of release
from confinement.
new text end

Sec. 19.

Minnesota Statutes 2008, section 256J.08, subdivision 73a, is amended to read:


Subd. 73a.

Qualified professional.

(a) For physical illness, injury, or incapacity,
a "qualified professional" means a licensed physician, a physician's assistant, a nurse
practitioner, or a licensed chiropractor.

(b) For developmental disability and intelligence testing, a "qualified professional"
means an individual qualified by training and experience to administer the tests necessary
to make determinations, such as tests of intellectual functioning, assessments of adaptive
behavior, adaptive skills, and developmental functioning. These professionals include
licensed psychologists, certified school psychologists, or certified psychometrists working
under the supervision of a licensed psychologist.

(c) For learning disabilities, a "qualified professional" means a licensed psychologist
or school psychologist with experience determining learning disabilities.

(d) For mental health, a "qualified professional" means a licensed physician or a
qualified mental health professional. A "qualified mental health professional" means:

(1) for children, in psychiatric nursing, a registered nurse who is licensed under
sections 148.171 to 148.285, and who is certified as a clinical specialist in child
and adolescent psychiatric or mental health nursing by a national nurse certification
organization or who has a master's degree in nursing or one of the behavioral sciences
or related fields from an accredited college or university or its equivalent, with at least
4,000 hours of post-master's supervised experience in the delivery of clinical services in
the treatment of mental illness;

(2) for adults, in psychiatric nursing, a registered nurse who is licensed under
sections 148.171 to 148.285, and who is certified as a clinical specialist in adult psychiatric
and mental health nursing by a national nurse certification organization or who has a
master's degree in nursing or one of the behavioral sciences or related fields from an
accredited college or university or its equivalent, with at least 4,000 hours of post-master's
supervised experience in the delivery of clinical services in the treatment of mental illness;

(3) in clinical social work, a person licensed as an independent clinical social worker
under chapter 148D, or a person with a master's degree in social work from an accredited
college or university, with at least 4,000 hours of post-master's supervised experience in
the delivery of clinical services in the treatment of mental illness;

(4) in psychology, an individual licensed by the Board of Psychology under sections
148.88 to 148.98, who has stated to the Board of Psychology competencies in the
diagnosis and treatment of mental illness;

(5) in psychiatry, a physician licensed under chapter 147 and certified by the
American Board of Psychiatry and Neurology or eligible for board certification in
psychiatry; deleted text beginand
deleted text end

(6) in marriage and family therapy, the mental health professional must be a
marriage and family therapist licensed under sections 148B.29 to 148B.39, with at least
two years of post-master's supervised experience in the delivery of clinical services in the
treatment of mental illnessnew text begin; and
new text end

new text begin (7) in licensed professional clinical counseling, the mental health professional
shall be a licensed professional clinical counselor under section 148B.5301 with at least
4,000 hours of postmaster's supervised experience in the delivery of clinical services in
the treatment of mental illness
new text end.

Sec. 20. new text beginADULT MENTAL HEALTH FATALITY REVIEW TEAM.
new text end

new text begin Subdivision 1. new text end

new text begin Pilot project authorized; purpose. new text end

new text begin (a) The commissioner of human
services shall work with Hennepin County to establish a mental health fatality review
team and resource panel as a 30-month pilot project in Hennepin County to review adult
mental health fatalities that have occurred in Hennepin County during or after contact with
law enforcement, courts, or corrections systems.
new text end

new text begin (b) The purpose of the resource panel is to make recommendations to the state and to
county agencies for improving the mental health, criminal justice, health care, and social
service systems, including modifications in statute, rule, policy, and procedure.
new text end

new text begin (c) The commissioner shall work with Hennepin County to establish procedures for
conducting local reviews and may require that all professionals with knowledge of a
mental health fatality case participate in the review. In this section, "professional" means
a person licensed to perform or a person performing a specific service in the systems
that respond to individuals with a mental illness. Professional includes law enforcement
personnel, social service agency attorneys, educators, and social service, health care,
and mental health care providers.
new text end

new text begin (d) The purpose of the review team is to analyze adult mental health-related
fatalities, review public policies and procedures, and try to prevent future fatalities.
new text end

new text begin Subd. 2. new text end

new text begin Definition of mental health fatality. new text end

new text begin "Mental health fatality" means the
unexpected death of a person with a diagnosed mental illness where mental illness was a
significant contributing factor in the death.
new text end

new text begin Subd. 3. new text end

new text begin Selection of cases for review. new text end

new text begin Cases for review must be selected by
Hennepin County.
new text end

new text begin Subd. 4. new text end

new text begin Membership. new text end

new text begin (a) Hennepin County shall convene an appropriate mental
health fatality review team to review the selected cases. The review team members shall
include a core panel with representatives of the following disciplines: psychiatry, medical
examiner, community hospital, county human services, attorney, law enforcement, public
health nursing, chemical health, and mental health advocacy. These members shall
attend all meetings.
new text end

new text begin (b) A second group of individuals comprises the resource panel, which includes
representatives from emergency medicine, developmental disabilities, adult mental health,
suicide prevention, professionals from communities of color or immigrant communities,
corrections, and other fields. Members of this group are invited to attend meetings for
which their program or clinical expertise is needed in specific reviews. Other disciplines
must be identified as needed by the committee.
new text end

new text begin (c) Resource panel membership is based on legal requirements and the need for
specific clinical and program reviewer expertise. Each of the core and resource positions
is appointed by Hennepin County to serve for a period of one year, subject to renewal.
new text end

new text begin Subd. 5. new text end

new text begin Disclosure of records. new text end

new text begin (a) Notwithstanding the data's classification in the
possession of any agency, data shall be disclosed to the mental health fatality review team
as necessary to carry out the purpose of the team, but data shall retain its data classification
and will under no circumstances be disclosed to anyone not a part of the review. No data
used or findings arrived at shall be used in a court proceeding. Findings must only be used
to recommend institutional reforms to prevent future fatalities.
new text end

new text begin (b) Cases must be selected for review only after they are closed to any further
legal activity, including opportunities for appeal. The commissioner has access to not
public data under Minnesota Statutes, chapter 13, maintained by state agencies, statewide
systems, or political subdivisions that are related to the death or circumstances surrounding
the response of professionals to the person in question with a mental illness.
new text end

new text begin (c) The commissioner shall also have access to records of private hospitals as
necessary to carry out the duties prescribed by this section. Access to data under this
paragraph is limited to police investigative data; autopsy records and coroner or medical
examiner investigative data; hospital, public health, or other medical records of the person
with a mental illness; hospital and other medical records of the person's parent that relate to
prenatal care; and records created by social service agencies that provided services to the
person or family within three years preceding the person's death. A state agency, statewide
system, or political subdivision shall provide the data upon request of the commissioner.
new text end

new text begin (d) Not public data may be shared with members of the mental health fatality review
team in connection with an individual case. Notwithstanding the data's classification
in the possession of any other agency, data acquired by a mental health fatality review
team in the exercise of its duties is protected nonpublic or confidential data as defined in
Minnesota Statutes, section 13.02, and may be disclosed only as necessary to carry out the
purposes of the review panel. It is a misdemeanor to disclose this information. The data
is not subject to subpoena or discovery. The commissioner may disclose conclusions of
the review team, but shall not disclose data that was classified as confidential or private
data on decedents, under Minnesota Statutes, section 13.10, or private, confidential, or
protected nonpublic data in the disseminating agency, except that the commissioner may
disclose local social service agency data as provided in Minnesota Statutes, section
626.556, subdivision 11d, on individual cases involving a fatality or near fatality of a
person served by the local social service agency prior to the date of death.
new text end

new text begin (e) A person attending a mental health fatality review team meeting shall not
disclose what transpired at the meeting, except to carry out the purposes of the review
panel. The proceedings and records of the review panel are protected nonpublic data,
as defined in Minnesota Statutes, section 13.02, subdivision 13, and are not subject to
discovery or introduction into evidence in a civil or criminal action against a professional,
the state, or a county agency arising out of the matters the panel is reviewing. Information,
documents, and records otherwise available from other sources are not immune from
discovery or use in a civil or criminal action solely because they were presented during
proceedings of the review panel. A person who presented information before the review
team or who is a member of the team shall not be prevented from testifying about matters
within the person's knowledge. However, in a civil or criminal proceeding, a person shall
not be questioned about the person's presentation of information to the review team or
opinions formed by the person as a result of the review team meetings.
new text end

new text begin Subd. 6. new text end

new text begin Immunity. new text end

new text begin Members of the mental health fatality review team, when
acting within the scope of their duties, are immune from civil and criminal liability.
new text end

new text begin Subd. 7. new text end

new text begin Evaluation and report. new text end

new text begin (a) The ombudsman for mental health shall
develop, by December 31, 2010, a system for evaluating the effectiveness of this pilot
project and shall focus on identifiable goals and outcomes. An evaluation must contain
data components as well as input from individuals involved in the review process.
new text end

new text begin (b) The mental health fatality review team shall convene by July 1, 2010, and shall
issue two annual reports during the pilot project, one on or before December 31, 2010,
and one on or before December 31, 2011. The reports shall be developed collaboratively
with the ombudsman for mental health and must consist of the written aggregate
recommendations of the review team without reference to specific cases. The December
31, 2011, report must include recommendations for legislation. The reports must be made
available upon request. Reports must be distributed to the legislature, governor, attorney
general, Supreme Court, county board, and the district court.
new text end

Sec. 21. new text beginEVIDENCE-BASED PRACTICE.
new text end

new text begin The commissioner of human services shall consult with stakeholder groups to
examine possible budget-neutral changes that include and support evidence-based
practices. The commissioner has the authority to make budget-neutral changes to medical
assistance coverage and benefits to implement evidence-based practices as defined by the
Agency for Healthcare Research and Quality Practice Guidelines, and the Substance
Abuse and Mental Health Services Administration.
new text end

Sec. 22. new text beginDUAL DIAGNOSIS.
new text end

new text begin The commissioner of human services shall fund up to three programs, within the
available appropriation, that provide services for high-risk adults with serious mental
illness and co-occurring substance abuse problems. The services must include, but not be
limited to, the following:
new text end

new text begin (1) housing services, including rent or housing subsidies, housing with clinical
staff, or housing support;
new text end

new text begin (2) assertive outreach services; and
new text end

new text begin (3) intensive direct therapeutic, rehabilitative, and care management services
oriented to harm reduction.
new text end

new text begin The commissioner shall work with housing providers to ensure proper licensure or
certification to meet medical assistance or third-party payor reimbursement requirements.
new text end

Sec. 23. new text beginSTUDY MEDICAL ASSISTANCE MENTAL HEALTH
REIMBURSEMENT METHODS THAT INTERFERE WITH BEST PRACTICES.
new text end

new text begin The commissioner of human services, in consultation with mental health provider
associations and knowledgeable experts, must identify and propose solutions to resolve
medical assistance unnecessary claims, payment edits, and reimbursement methods that
negatively interfere with best practices.
new text end

Sec. 24. new text beginAPPROPRIATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Suicide intervention and prevention grant. new text end

new text begin $....... is appropriated
for the biennium beginning July 1, 2009, from the general fund to the commissioner of
human services for grants for institutions of higher education in the state of Minnesota to
coordinate implementation of youth suicide early intervention and prevention strategies.
new text end

new text begin Subd. 2. new text end

new text begin Bridges rental housing assistance program. new text end

new text begin $3,400,000 is appropriated
for the biennium beginning July 1, 2009, from the general fund to the Housing Finance
Agency for the Bridges rental housing assistance program under Minnesota Statutes,
section 462A.2097. These appropriations are in addition to any base appropriations for
this purpose and shall become part of the agency's base.
new text end

new text begin Subd. 3. new text end

new text begin Dual diagnosis; demonstration project. new text end

new text begin $....... is appropriated for the
biennium beginning July 1, 2009, from the general fund to the commissioner of human
services to fund the dual diagnosis demonstration projects under section 22.
new text end

new text begin Subd. 4. new text end

new text begin Adult mental health fatality review team. new text end

new text begin $20,000 is appropriated for the
biennium beginning July 1, 2009, from the general fund to the commissioner of human
services to be transferred to Hennepin County to conduct case identification, payment for
records that are requested, and administrative expenses needed to establish and operate the
adult mental health fatality review team pilot under section 20.
new text end

ARTICLE 4

MENTAL HEALTH FUNDING

Section 1.

Minnesota Statutes 2008, section 256B.038, is amended to read:


256B.038 PROVIDER RATE INCREASES AFTER JUNE 30, 1999.

(a) For fiscal years beginning on or after July 1, 1999, the commissioner of finance
shall include an annual inflationary adjustment in payment rates for the services listed
in paragraph (b) as a budget change request in each biennial detailed expenditure budget
submitted to the legislature under section 16A.11. The adjustment shall be accomplished
by indexing the rates in effect for inflation based on the change in the Consumer Price
Index-All Items (United States city average)(CPI-U) as forecasted by Data Resources,
Inc., in the fourth quarter of the prior year for the calendar year during which the rate
increase occurs.

(b) Within the limits of appropriations specifically for this purpose, the commissioner
shall apply the rate increases in paragraph (a) to home and community-based waiver
services for persons with developmental disabilities under section 256B.501; home and
community-based waiver services for the elderly under section 256B.0915; waivered
services under community alternatives for disabled individuals under section 256B.49;
community alternative care waivered services under section 256B.49; traumatic brain
injury waivered services under section 256B.49; nursing services and home health services
under section 256B.0625, subdivision 6a; personal care services and nursing supervision
of personal care services under section 256B.0625, subdivision 19a; private duty nursing
services under section 256B.0625, subdivision 7; day training and habilitation services
for adults with developmental disabilities under sections 252.40 to 252.46; physical
therapy services under sections 256B.0625, subdivision 8, and 256D.03, subdivision 4;
occupational therapy services under sections 256B.0625, subdivision 8a, and 256D.03,
subdivision 4
; speech-language therapy services under section 256D.03, subdivision
4
, and Minnesota Rules, part 9505.0390; respiratory therapy services under section
256D.03, subdivision 4, and Minnesota Rules, part 9505.0295; physician services under
section 256B.0625, subdivision 3; dental services under sections 256B.0625, subdivision
9
, and 256D.03, subdivision 4; alternative care services under section 256B.0913; adult
residential program grants under Minnesota Rules, parts 9535.2000 to 9535.3000;
adult and family community support grants under Minnesota Rules, parts 9535.1700 to
9535.1760; deleted text beginanddeleted text end semi-independent living services under section 252.275, including SILS
funding under county social services grants formerly funded under chapter 256Inew text begin; adult
rehabilitative mental health services under section 256B.0623; children's therapeutic
services and support services under section 256B.0943; community mental health center
services under section 256B.0625; and crisis services under section 256B.0624
new text end.

(c) The commissioner shall increase prepaid medical assistance program capitation
rates as appropriate to reflect the rate increases in this section.

(d) In implementing this section, the commissioner shall consider proposing a
schedule to equalize rates paid by different programs for the same service.

Sec. 2.

Minnesota Statutes 2008, section 256B.0623, subdivision 8, is amended to read:


Subd. 8.

Diagnostic assessment.

new text begin(a) new text endProviders of adult rehabilitative mental
health services must complete a diagnostic assessment as defined in section 245.462,
subdivision 9
, within five days after the recipient's second visit or within 30 days after
intake, whichever occurs first. new text beginA diagnostic assessment must be reimbursed at the
same rate as an assessment under section 256B.0655, subdivision 8.
new text endIn cases where a
diagnostic assessment is available that reflects the recipient's current status, and has been
completed within 180 days preceding admission, an update must be completed. An
update shall include a written summary by a mental health professional of the recipient's
current mental health status and service needs. If the recipient's mental health status
has changed significantly since the adult's most recent diagnostic assessment, a new
diagnostic assessment is required. For initial implementation of adult rehabilitative mental
health services, until June 30, 2005, a diagnostic assessment that reflects the recipient's
current status and has been completed within the past three years preceding admission
is acceptable.

new text begin (b) When the commissioner implements changes to the definition of a service unit
for diagnostic assessment to comply with requirements of the federal Health Insurance
Portability and Accountability Act (HIPAA), the commissioner shall include coverage of
clinically related activities required by this section and under Code of Federal Regulations,
title 42, parts 440 and 441, including diagnostic evaluation, functional assessment,
screening to determine appropriateness for program, development, or modification of a
rehabilitative service plan, identification of appropriate services, direction of a mental
health practitioner or rehabilitation worker, periodic reassessment and service plan
revision, and consumer education to foster engagement, understanding, and commitment to
service plan. This may be implemented either as an enhanced rate for assessments required
under this section or as separate reimbursable components provided by a community
mental health center under section 256B.0625, subdivision 5, or under contract agreement
with an adult rehabilitative mental health service provider entity under section 256B.0623.
new text end

Sec. 3.

Minnesota Statutes 2008, section 256B.0625, subdivision 38, is amended to
read:


Subd. 38.

Payments for mental health services.

new text begin(a) new text endPayments for mental
health services covered under the medical assistance program that are provided by
masters-prepared mental health professionals shall be 80 percent of the rate paid to
doctoral-prepared professionals. Payments for mental health services covered under
the medical assistance program that are provided by masters-prepared mental health
professionals employed by community mental health centers shall be 100 percent of the
rate paid to doctoral-prepared professionals. deleted text beginFor purposes of reimbursement of mental
health professionals under the medical assistance program, all
deleted text end

new text begin (b) Payments for mental health services covered under the medical assistance
program that are provided by
new text end social workers who:

(1) have received a master's degree in social work from a program accredited by the
Council on Social Work Education;

(2) are licensed at the level of graduate social worker or independent social worker;
deleted text begin and
deleted text end

(3) are practicing clinical social work under appropriate supervision, as defined by
chapter 148D; new text beginand
new text end

new text begin (4) new text endmeet all requirements under Minnesota Rules, part 9505.0323, subpart 24deleted text begin, anddeleted text endnew text begin.
Payments under this paragraph
new text end shall be paid deleted text beginaccordinglydeleted text endnew text begin according to Minnesota Rules,
part 9505.0323, subpart 24, unless paragraph (c) is applicable
new text end.

new text begin (c) Payments for mental health services covered under the medical assistance
program that are provided by an individual who is employed by a community mental
health center and:
new text end

new text begin (1) who is a licensed graduate social worker under section 148D.055, subdivision 3,
or a licensed independent social worker under section 148D.055, subdivision 4;
new text end

new text begin (2) who has completed all requirements for licensure or board certification as a
mental health professional except for the requirements for supervised experience in the
delivery of mental health services; or
new text end

new text begin (3) who is a student in a bona fide field placement or internship under a program
leading to completion of the requirements for licensure as a mental health professional
new text end

new text begin shall be reimbursed at 100 percent of the rate paid to the supervising professional.
The individual providing the service under this paragraph must be under the clinical
supervision of a fully qualified mental health professional.
new text end

new text begin (d) Subject to federal approval, medical assistance covers clinical supervision of
mental health practitioners by a mental health professional when clinical supervision is
required as part of other medical assistance services.
new text end

Sec. 4.

Minnesota Statutes 2008, section 256B.0625, subdivision 43, is amended to
read:


Subd. 43.

Mental health provider travel time.

Medical assistance covers provider
travel time if a recipient's individual treatment plan requires the provision of mental health
services outside of the provider's normal place of business. This does not include any
travel time which is included in other billable services, and is only covered when the
mental health service being provided to a recipient is covered under medical assistance.new text begin In
order for the per minute rate for travel time to include the cost of staff time plus reasonable
practice expenses related to mileage or vehicle expenses, the per minute reimbursement
will be 75 percent of the rate in section 256B.0625, subdivision 17.
new text end

Sec. 5.

Minnesota Statutes 2008, section 256B.0625, subdivision 46, is amended to
read:


Subd. 46.

Mental health telemedicine.

Effective January 1, 2006, and subject to
federal approval, mental health services that are otherwise covered by medical assistance
as direct face-to-face services may be provided via two-way interactive video. Use of
two-way interactive video must be medically appropriate to the condition and needs of the
person being served. Reimbursement is at the same rates and under the same conditions
that would otherwise apply to the servicenew text begin and shall include payment for the originating
facility fee at a rate no less than the rate allowed under Code of Federal Regulations,
title 42, part 410.78
new text end. The interactive video equipment and connection must comply with
Medicare standards in effect at the time the service is provided.

Sec. 6.

Minnesota Statutes 2008, section 256B.0943, is amended by adding a
subdivision to read:


new text begin Subd. 11a. new text end

new text begin Reimbursement of diagnostic assessments. new text end

new text begin When the commissioner
implements changes to the definition of a service unit for diagnostic assessment to comply
with requirements of the federal Health Insurance Portability and Accountability Act
(HIPAA), the commissioner shall include coverage of clinically related activities required
by this section and Code of Federal Regulations, title 42, parts 440 and 441, including
diagnostic evaluation, functional assessment, screening to determine appropriateness for
program, development or modification of a rehabilitative service plan, identification of
appropriate services, direction of a mental health practitioner or rehabilitation worker,
periodic reassessment and service plan revision, and consumer education to foster
engagement, understanding, and commitment to service plan. This may be implemented
either as an enhanced rate for assessments required under this section or as separate
reimbursable components provided by a community mental health center under section
256B.0625, subdivision 5, or children's therapeutic services and supports under section
256B.0943.
new text end

Sec. 7.

Minnesota Statutes 2008, section 256B.763, is amended to read:


256B.763 CRITICAL ACCESS MENTAL HEALTH RATE INCREASE.

(a) For services defined in paragraph (b) and rendered on or after July 1, 2007,
payment rates shall be increased by 23.7 percent over the rates in effect on January 1,
2006, for:

(1) psychiatrists and advanced practice registered nurses with a psychiatric specialty;

(2) community mental health centers under section 256B.0625, subdivision 5; and

(3) mental health clinics and centers certified under Minnesota Rules, parts
9520.0750 to 9520.0870, or hospital outpatient psychiatric departments that are designated
as essential community providers under section 62Q.19.

(b) This increase applies to group skills training when provided as a component of
children's therapeutic services and support, psychotherapy, medication management,
evaluation and management, diagnostic assessment, explanation of findings, psychological
testing, neuropsychological services, direction of behavioral aides, and inpatient
consultation.

(c) This increase does not apply to rates that are governed by section 256B.0625,
subdivision 30, or 256B.761, paragraph (b), other cost-based rates, rates that are
negotiated with the county, rates that are established by the federal government, or rates
that increased between January 1, 2004, and January 1, 2005.

(d) The commissioner shall adjust rates paid to prepaid health plans under contract
with the commissioner to reflect the rate increases provided in paragraphs (a), (e), and
(f). The prepaid health plan must pass this rate increase to the providers identified in
paragraphs (a), (e), (f), and (g).

(e) Payment rates shall be increased by 23.7 percent over the rates in effect on
December 31, 2007, for:

(1) medication education services provided on or after January 1, 2008, by adult
rehabilitative mental health services providers certified under section 256B.0623; and

(2) mental health behavioral aide services provided on or after January 1, 2008, by
children's therapeutic services and support providers certified under section 256B.0943.

(f) For services defined in paragraph (b) and rendered on or after January 1, 2008, by
children's therapeutic services and support providers certified under section 256B.0943
and not already included in paragraph (a), payment rates shall be increased by 23.7 percent
over the rates in effect on December 31, 2007.

(g) Payment rates shall be increased by 2.3 percent over the rates in effect on
December 31, 2007, for individual and family skills training provided on or after January
1, 2008, by children's therapeutic services and support providers certified under section
256B.0943.

new text begin (h) Effective January 1, 2010, payment rates for all services not included in
paragraph (b) shall increase 23.7 percent over rates in effect on January 1, 2009, for all
services by community mental health centers under section 256B.0625, subdivision 5.
new text end

Sec. 8.

Minnesota Statutes 2008, section 256D.03, subdivision 4, is amended to read:


Subd. 4.

General assistance medical care; services.

(a)(i) For a person who is
eligible under subdivision 3, paragraph (a), clause (2), item (i), general assistance medical
care covers, except as provided in paragraph (c):

(1) inpatient hospital services;

(2) outpatient hospital services;

(3) services provided by Medicare certified rehabilitation agencies;

(4) prescription drugs and other products recommended through the process
established in section 256B.0625, subdivision 13;

(5) equipment necessary to administer insulin and diagnostic supplies and equipment
for diabetics to monitor blood sugar level;

(6) eyeglasses and eye examinations provided by a physician or optometrist;

(7) hearing aids;

(8) prosthetic devices;

(9) laboratory and X-ray services;

(10) physician's services;

(11) medical transportation except special transportation;

(12) chiropractic services as covered under the medical assistance program;

(13) podiatric services;

(14) dental services as covered under the medical assistance program;

(15) mental health services covered under chapter 256B;

(16) prescribed medications for persons who have been diagnosed as mentally ill as
necessary to prevent more restrictive institutionalization;

(17) medical supplies and equipment, and Medicare premiums, coinsurance and
deductible payments;

(18) medical equipment not specifically listed in this paragraph when the use of
the equipment will prevent the need for costlier services that are reimbursable under
this subdivision;

(19) services performed by a certified pediatric nurse practitioner, a certified family
nurse practitioner, a certified adult nurse practitioner, a certified obstetric/gynecological
nurse practitioner, a certified neonatal nurse practitioner, or a certified geriatric nurse
practitioner in independent practice, if (1) the service is otherwise covered under this
chapter as a physician service, (2) the service provided on an inpatient basis is not included
as part of the cost for inpatient services included in the operating payment rate, and (3) the
service is within the scope of practice of the nurse practitioner's license as a registered
nurse, as defined in section 148.171;

(20) services of a certified public health nurse or a registered nurse practicing in
a public health nursing clinic that is a department of, or that operates under the direct
authority of, a unit of government, if the service is within the scope of practice of the
public health nurse's license as a registered nurse, as defined in section 148.171;

(21) telemedicine consultations, to the extent they are covered under section
256B.0625, subdivision 3b;

(22) care coordination and patient education services provided by a community
health worker according to section 256B.0625, subdivision 49; deleted text beginand
deleted text end

(23) regardless of the number of employees that an enrolled health care provider
may have, sign language interpreter services when provided by an enrolled health care
provider during the course of providing a direct, person-to-person covered health care
service to an enrolled recipient who has a hearing loss and uses interpreting servicesnew text begin;
new text end

new text begin (24) up to six hours of service per client, per year, without authorization, of
consultation and care coordination as directed by an individual treatment plan, and as a
component of children's therapeutic services and support, adult rehabilitative mental
health services, or community mental health services; and
new text end

new text begin (25) up to six hours of service per client, per year for collateral contacts as a
component of children's therapeutic services and support, adult rehabilitative mental
health services, or community mental health services. These services must be directed
by an individual treatment plan and are solely for the purpose of assisting parents and
others toward understanding, accommodating, and better caregiving of the person with
mental illness or emotional disturbance
new text end.

(ii) Effective October 1, 2003, for a person who is eligible under subdivision 3,
paragraph (a), clause (2), item (ii), general assistance medical care coverage is limited
to inpatient hospital services, including physician services provided during the inpatient
hospital stay. A $1,000 deductible is required for each inpatient hospitalization.

(b) Effective August 1, 2005, sex reassignment surgery is not covered under this
subdivision.

(c) In order to contain costs, the commissioner of human services shall select
vendors of medical care who can provide the most economical care consistent with high
medical standards and shall where possible contract with organizations on a prepaid
capitation basis to provide these services. The commissioner shall consider proposals by
counties and vendors for prepaid health plans, competitive bidding programs, block grants,
or other vendor payment mechanisms designed to provide services in an economical
manner or to control utilization, with safeguards to ensure that necessary services are
provided. Before implementing prepaid programs in counties with a county operated or
affiliated public teaching hospital or a hospital or clinic operated by the University of
Minnesota, the commissioner shall consider the risks the prepaid program creates for the
hospital and allow the county or hospital the opportunity to participate in the program in a
manner that reflects the risk of adverse selection and the nature of the patients served by
the hospital, provided the terms of participation in the program are competitive with the
terms of other participants considering the nature of the population served. Payment for
services provided pursuant to this subdivision shall be as provided to medical assistance
vendors of these services under sections 256B.02, subdivision 8, and 256B.0625. For
payments made during fiscal year 1990 and later years, the commissioner shall consult
with an independent actuary in establishing prepayment rates, but shall retain final control
over the rate methodology.

(d) Effective January 1, 2008, drug coverage under general assistance medical
care is limited to prescription drugs that:

(i) are covered under the medical assistance program as described in section
256B.0625, subdivisions 13 and 13d; and

(ii) are provided by manufacturers that have fully executed general assistance
medical care rebate agreements with the commissioner and comply with the agreements.
Prescription drug coverage under general assistance medical care must conform to
coverage under the medical assistance program according to section 256B.0625,
subdivisions 13 to 13g.

(e) Recipients eligible under subdivision 3, paragraph (a), shall pay the following
co-payments for services provided on or after October 1, 2003, and before January 1, 2009:

(1) $25 for eyeglasses;

(2) $25 for nonemergency visits to a hospital-based emergency room;

(3) $3 per brand-name drug prescription and $1 per generic drug prescription,
subject to a $12 per month maximum for prescription drug co-payments. No co-payments
shall apply to antipsychotic drugs when used for the treatment of mental illness; and

(4) 50 percent coinsurance on restorative dental services.

(f) Recipients eligible under subdivision 3, paragraph (a), shall include the following
co-payments for services provided on or after January 1, 2009:

(1) $25 for nonemergency visits to a hospital-based emergency room; and

(2) $3 per brand-name drug prescription and $1 per generic drug prescription,
subject to a $7 per month maximum for prescription drug co-payments. No co-payments
shall apply to antipsychotic drugs when used for the treatment of mental illness.

(g) MS 2007 Supp [Expired]

(h) Effective January 1, 2009, co-payments shall be limited to one per day per
provider for nonemergency visits to a hospital-based emergency room. Recipients of
general assistance medical care are responsible for all co-payments in this subdivision.
The general assistance medical care reimbursement to the provider shall be reduced by the
amount of the co-payment, except that reimbursement for prescription drugs shall not be
reduced once a recipient has reached the $7 per month maximum for prescription drug
co-payments. The provider collects the co-payment from the recipient. Providers may not
deny services to recipients who are unable to pay the co-payment.

(i) General assistance medical care reimbursement to fee-for-service providers
and payments to managed care plans shall not be increased as a result of the removal of
the co-payments effective January 1, 2009.

(j) Any county may, from its own resources, provide medical payments for which
state payments are not made.

(k) Chemical dependency services that are reimbursed under chapter 254B must not
be reimbursed under general assistance medical care.

(l) The maximum payment for new vendors enrolled in the general assistance
medical care program after the base year shall be determined from the average usual and
customary charge of the same vendor type enrolled in the base year.

(m) The conditions of payment for services under this subdivision are the same
as the conditions specified in rules adopted under chapter 256B governing the medical
assistance program, unless otherwise provided by statute or rule.

(n) Inpatient and outpatient payments shall be reduced by five percent, effective July
1, 2003. This reduction is in addition to the five percent reduction effective July 1, 2003,
and incorporated by reference in paragraph (l).

(o) Payments for all other health services except inpatient, outpatient, and pharmacy
services shall be reduced by five percent, effective July 1, 2003.

(p) Payments to managed care plans shall be reduced by five percent for services
provided on or after October 1, 2003.

(q) A hospital receiving a reduced payment as a result of this section may apply the
unpaid balance toward satisfaction of the hospital's bad debts.

(r) Fee-for-service payments for nonpreventive visits shall be reduced by $3 for
services provided on or after January 1, 2006. For purposes of this subdivision, a visit
means an episode of service which is required because of a recipient's symptoms,
diagnosis, or established illness, and which is delivered in an ambulatory setting by
a physician or physician ancillary, chiropractor, podiatrist, advance practice nurse,
audiologist, optician, or optometrist.

(s) Payments to managed care plans shall not be increased as a result of the removal
of the $3 nonpreventive visit co-payment effective January 1, 2006.

(t) Payments for mental health services added as covered benefits after December
31, 2007, are not subject to the reductions in paragraphs (l), (n), (o), and (p).

Sec. 9.

Minnesota Statutes 2008, section 256L.07, subdivision 3, is amended to read:


Subd. 3.

Other health coverage.

(a) Families and individuals enrolled in the
MinnesotaCare program must have no health coverage while enrolled deleted text beginor for at least four
months prior to application and renewal
deleted text end. Children enrolled in the original children's health
plan and children in families with income equal to or less than 150 percent of the federal
poverty guidelines, who have other health insurance, are eligible if the coverage:

(1) lacks two or more of the following:

(i) basic hospital insurance;

(ii) medical-surgical insurance;

(iii) prescription drug coverage;

(iv) dental coverage; deleted text beginor
deleted text end

(v) vision coverage;new text begin or
new text end

new text begin (vi) mental health coverage or mental health coverage that provides fewer services
than the mental health services covered under chapter 256B;
new text end

(2) requires a deductible of $100 or more per person per year; or

(3) lacks coverage because the child has exceeded the maximum coverage for a
particular diagnosis or the policy excludes a particular diagnosis.

The commissioner may change this eligibility criterion for sliding scale premiums
in order to remain within the limits of available appropriations. The requirement of no
health coverage does not apply to newborns.

(b) Medical assistance, general assistance medical care, and the Civilian Health and
Medical Program of the Uniformed Service, CHAMPUS, or other coverage provided under
United States Code, title 10, subtitle A, part II, chapter 55, are not considered insurance or
health coverage for purposes of the four-month requirement described in this subdivision.

(c) For purposes of this subdivision, an applicant or enrollee who is entitled to
Medicare Part A or enrolled in Medicare Part B coverage under title XVIII of the Social
Security Act, United States Code, title 42, sections 1395c to 1395w-152, is considered to
have health coverage. An applicant or enrollee who is entitled to premium-free Medicare
Part A may not refuse to apply for or enroll in Medicare coverage to establish eligibility
for MinnesotaCare.

(d) Applicants who were recipients of medical assistance or general assistance
medical care within one month of application must meet the provisions of this subdivision
and subdivision 2.

(e) Cost-effective health insurance that was paid for by medical assistance is not
considered health coverage for purposes of the four-month requirement under this
section, except if the insurance continued after medical assistance no longer considered it
cost-effective or after medical assistance closed.

Sec. 10.

Laws 2007, chapter 147, article 7, section 71, is amended to read:


Sec. 71. PROVIDER RATE INCREASES.

(a) The commissioner of human services shall increase allocations, reimbursement
rates, or rate limits, as applicable, by 2.0 percent beginning October 1, 2007, and by 2.0
percent beginning July 1, 2008, effective for services rendered on or after those dates.
County contracts for services specified in this section must be amended to pass through
these rate adjustments within 60 days of the effective date of the increase and must be
retroactive from the effective date of the rate adjustment.

(b) The annual rate increases described in this section must be provided to:

(1) home and community-based waivered services for persons with developmental
disabilities or related conditions, including consumer-directed community supports, under
Minnesota Statutes, section 256B.501;

(2) home and community-based waivered services for the elderly, including
consumer-directed community supports, under Minnesota Statutes, section 256B.0915;

(3) waivered services under community alternatives for disabled individuals,
including consumer-directed community supports, under Minnesota Statutes, section
256B.49;

(4) community alternative care waivered services, including consumer-directed
community supports, under Minnesota Statutes, section 256B.49;

(5) traumatic brain injury waivered services, including consumer-directed
community supports, under Minnesota Statutes, section 256B.49;

(6) nursing services and home health services under Minnesota Statutes, section
256B.0625, subdivision 6a;

(7) personal care services and qualified professional supervision of personal care
services under Minnesota Statutes, section 256B.0625, subdivision 19a;

(8) private duty nursing services under Minnesota Statutes, section 256B.0625,
subdivision 7
;

(9) day training and habilitation services for adults with developmental disabilities
or related conditions under Minnesota Statutes, sections 252.40 to 252.46, including the
additional cost of rate adjustments on day training and habilitation services, provided as a
social service under Minnesota Statutes, section 256M.60
;

(10) alternative care services under Minnesota Statutes, section 256B.0913;

(11) adult residential program grants under Minnesota Statutes, section 245.73;

(12) children's community-based mental health services grants and adult community
support and case management services grants under Minnesota Rules, parts 9535.1700
to 9535.1760;

(13) the group residential housing supplementary service rate under Minnesota
Statutes, section 256I.05, subdivision 1a;

(14) adult mental health integrated fund grants under Minnesota Statutes, section
245.4661;

(15) semi-independent living services (SILS) under Minnesota Statutes, section
252.275, including SILS funding under county social services grants formerly funded
under Minnesota Statutes, chapter 256I;

(16) community support services for deaf and hard-of-hearing adults with mental
illness who use or wish to use sign language as their primary means of communication
under Minnesota Statutes, section 256.01, subdivision 2; and deaf and hard-of-hearing
grants under Minnesota Statutes, sections 256C.233 and 256C.25; Laws 1985, chapter 9,
article 1; and Laws 1997, First Special Session chapter 5, section 20;

(17) living skills training programs for persons with intractable epilepsy who need
assistance in the transition to independent living under Laws 1988, chapter 689;

(18) physical therapy services under new text beginMinnesota Statutes, new text endsections 256B.0625,
subdivision 8, and 256D.03, subdivision 4;

(19) occupational therapy services under new text beginMinnesota Statutes, new text endsections 256B.0625,
subdivision 8a
, and 256D.03, subdivision 4;

(20) speech-language therapy services under new text beginMinnesota Statutes, new text endsection 256D.03,
subdivision 4
, and Minnesota Rules, part 9505.0390;

(21) respiratory therapy services under new text beginMinnesota Statutes, new text endsection 256D.03,
subdivision 4, and Minnesota Rules, part 9505.0295;

(22) adult rehabilitative mental health services under new text beginMinnesota Statutes, new text endsection
256B.0623;

(23) children's therapeutic services and support services under new text beginMinnesota Statutes,
new text endsection 256B.0943;

(24) tier I chemical health services under Minnesota Statutes, chapter 254B;

(25) consumer support grants under Minnesota Statutes, section 256.476;

(26) family support grants under Minnesota Statutes, section 252.32;

(27) grants for case management services to persons with HIV or AIDS under
Minnesota Statutes, section 256.01, subdivision 19; deleted text beginanddeleted text end

(28) aging grants under Minnesota Statutes, sections 256.975 to 256.977, 256B.0917,
and 256B.0928new text begin;
new text end

new text begin (29) new text end new text begin community mental health center services under Minnesota Statutes, section
256B.0625, subdivision 5; and
new text end

new text begin (30) crisis services under Minnesota Statutes, sections 256B.0624 and 256B.0944new text end.

(c) For services funded through Minnesota disability health options, the rate
increases under this section apply to all medical assistance payments, including former
group residential housing supplementary rates under Minnesota Statutes, chapter 256I.

(d) The commissioner may recoup payments made under this section from a provider
that does not comply with paragraphs (f) and (g).

(e) A managed care plan receiving state payments for the services in this section
must include these increases in their payments to providers on a prospective basis,
effective on January 1 following the effective date of the rate increase.

(f) Providers that receive a rate increase under this section shall use 75 percent of
the additional revenue to increase compensation-related costs for employees directly
employed by the program on or after the effective date of the rate adjustments, except:

(1) the administrator;

(2) persons employed in the central office of a corporation or entity that has an
ownership interest in the provider or exercises control over the provider; and

(3) persons paid by the provider under a management contract.

Compensation-related costs include: wages and salaries; FICA taxes, Medicare taxes,
state and federal unemployment taxes, and workers' compensation; and the employer's
share of health and dental insurance, life insurance, disability insurance, long-term care
insurance, uniform allowance, and pensions.

(g) Two-thirds of the money available under paragraph (f) must be used for wage
increases for all employees directly employed by the provider on or after the effective
date of the rate adjustments, except those listed in paragraph (f), clauses (1) to (3). The
wage adjustment that employees receive under this paragraph must be paid as an equal
hourly percentage wage increase for all eligible employees. All wage increases under this
paragraph must be effective on the same date. This paragraph shall not apply to employees
covered by a collective bargaining agreement.

(h) For public employees, the increase for wages and benefits for certain staff is
available and pay rates must be increased only to the extent that they comply with laws
governing public employees collective bargaining. Money received by a provider for pay
increases under this section may be used only for increases implemented on or after the
first day of the rate period in which the increase is available and must not be used for
increases implemented prior to that date.

(i) The commissioner shall amend state grant contracts that include direct
personnel-related grant expenditures to include the allocation for the portion of the contract
that is employee compensation related. Grant contracts for compensation-related services
must be amended to pass through these adjustments within 60 days of the effective date of
the increase and must be retroactive to the effective date of the rate adjustment.

(j) The Board on Aging and its Area Agencies on Aging shall amend their
grants that include direct personnel-related grant expenditures to include the rate
adjustment for the portion of the grant that is employee compensation related. Grants
for compensation-related services must be amended to pass through these adjustments
within 60 days of the effective date of the increase and must be retroactive to the effective
date of the rate adjustment.

(k) The calendar year 2008 rate for vendors reimbursed under Minnesota Statutes,
chapter 254B, shall be at least 2.0 percent above the rate in effect on January 1, 2007. The
calendar year 2009 rate shall be at least 2.0 percent above the rate in effect on January
1, 2008.

(l) Providers that receive a rate adjustment under paragraph (a) that is subject to
paragraphs (f) and (g) shall provide to the commissioner, and those counties with whom
they have a contract, within six months after the effective date of each rate adjustment, a
letter, in a format specified by the commissioner, that provides assurances that the provider
has developed and implemented a compensation plan and complied with paragraphs (f)
and (g). The provider shall keep on file, and produce for the commissioner or county
upon request, its plan, which must specify:

(1) an estimate of the amounts of money that must be used as specified in paragraphs
(f) and (g); and

(2) a detailed distribution plan specifying the allowable compensation-related and
wage increases the provider will implement to use the funds available in clause (1).

(m) Within six months after the effective date of each rate adjustment, the provider
shall post this plan, excluding the information required in paragraph (l), clause (1), for
a period of at least six weeks in an area of the provider's operation to which all eligible
employees have access and provide instructions for employees who believe they have
not received the wage and other compensation-related increases specified in paragraph
(l), clause (2). Instructions must include a mailing address, e-mail address, and the
telephone number that may be used by the employee to contact the commissioner or the
commissioner's representative. Providers shall also make assurances to the commissioner
and counties with whom they have a contract that they have complied with the requirement
in this paragraph.

ARTICLE 5

EMPLOYMENT SUPPORT

Section 1. new text beginEMPLOYMENT SUPPORT.
new text end

new text begin (a) The commissioner of employment and economic development shall fund special
projects providing employment support to:
new text end

new text begin (1) young people with mental illness who are transitioning from school to work;
new text end

new text begin (2) people with a serious mental illness who are receiving services through a mental
health court; and
new text end

new text begin (3) people with serious mental illness who are receiving services through a civil
commitment court.
new text end

new text begin (b) Projects under paragraph (a) must demonstrate interagency collaboration.
new text end

Sec. 2. new text beginAPPROPRIATION.
new text end

new text begin (a) $....... is appropriated for the biennium beginning July 1, 2009, from the general
fund to the commissioner of employment and economic development to fund special
projects focused on providing employment support under section 1.
new text end

new text begin (b) $....... is appropriated for the biennium beginning July 1, 2009, from the general
fund to the commissioner of employment and economic development for the extended
employment-serious mental illness program under section 1.
new text end

ARTICLE 6

EMPLOYEE RELATIONS; HEALTH INSURANCE COVERAGE

Section 1.

Minnesota Statutes 2008, section 43A.23, subdivision 1, is amended to read:


Subdivision 1.

General.

(a) The commissioner is authorized to request proposals
or to negotiate and to enter into contracts with parties which in the judgment of the
commissioner are best qualified to provide service to the benefit plans. Contracts entered
into are not subject to the requirements of sections 16C.16 to 16C.19. The commissioner
may negotiate premium rates and coverage. The commissioner shall consider the cost of
the plans, conversion options relating to the contracts, service capabilities, character,
financial position, and reputation of the carriers, and any other factors which the
commissioner deems appropriate. Each benefit contract must be for a uniform term of at
least one year, but may be made automatically renewable from term to term in the absence
of notice of termination by either party. A carrier licensed under chapter 62A is exempt
from the taxes imposed by chapter 297I on premiums paid to it by the state.

(b) All self-insured hospital and medical service products must comply with coverage
mandates, data reporting, and consumer protection requirements applicable to the licensed
carrier administering the product, had the product been insured, including chapters 62J,
62M, and 62Q. Any self-insured products that limit coverage to a network of providers
or provide different levels of coverage between network and nonnetwork providers shall
comply with section 62D.123 and geographic access standards for health maintenance
organizations adopted by the commissioner of health in rule under chapter 62D.

(c) deleted text beginNotwithstanding paragraph (b),deleted text end A self-insured hospital and medical product
offered under sections 43A.22 to 43A.30 is deleted text beginnotdeleted text end required to extend dependent coverage to
an eligible employee's unmarried child under the age of 25 to the full extent required under
chapters 62A and 62L. deleted text beginDependent coverage must, at a minimum, extend to an eligible
employee's unmarried child who is under the age of 19 or an unmarried child under the
age of 25 who is a full-time student. The definition of "full-time student" for purposes
of this paragraph includes any student who by reason of illness, injury, or physical or
mental disability as documented by a physician is unable to carry what the educational
institution considers a full-time course load so long as the student's course load is at least
60 percent of what otherwise is considered by the institution to be a full-time course load.
Any notice regarding termination of coverage due to attainment of the limiting age must
include information about this definition of "full-time student."
deleted text end

(d) Beginning January 1, 2010, the health insurance benefit plans offered in the
commissioner's plan under section 43A.18, subdivision 2, and the managerial plan under
section 43A.18, subdivision 3, must include an option for a health plan that is compatible
with the definition of a high-deductible health plan in section 223 of the United States
Internal Revenue Code.

Sec. 2.

Minnesota Statutes 2008, section 43A.316, is amended by adding a subdivision
to read:


new text begin Subd. 6b. new text end

new text begin Mental health services. new text end

new text begin All benefits provided by the program or a
successor program relating to expenses incurred for mental health treatment must include
all mental health benefits consistent with chapter 256B.
new text end

ARTICLE 7

EDUCATION-RELATED MENTAL HEALTH PROVISION

Section 1.

Minnesota Statutes 2008, section 120A.22, subdivision 12, is amended to
read:


Subd. 12.

Legitimate exemptions.

A parent, guardian, or other person having
control of a child may apply to a school district to have the child excused from attendance
for the whole or any part of the time school is in session during any school year.
Application may be made to any member of the board, a truant officer, a principal, or the
superintendent. The school district may state in its school attendance policy that it may ask
the student's parent or legal guardian to verify in writing the reason for the child's absence
from school. new text beginA note from a physician or a licensed mental health professional stating that
the child cannot attend school is a valid excuse.
new text endThe board of the district in which the
child resides may approve the application upon the following being demonstrated to the
satisfaction of that board:

(1) that the child's deleted text beginbodilydeleted text endnew text begin physical new text end or mental deleted text beginconditiondeleted text endnew text begin health new text end is such as to prevent
attendance at school or application to study for the period required, which includes:

(i) child illness, medical, dental, orthodontic, or counseling appointments;

(ii) family emergencies;

(iii) the death or serious illness or funeral of an immediate family member;

(iv) active duty in any military branch of the United States; deleted text beginor
deleted text end

(v) new text beginthe child has a condition that requires ongoing treatment for a mental health
diagnosis; or
new text end

new text begin (vi) new text endother exemptions included in the district's school attendance policy;

(2) that the child has already completed state and district standards required for
graduation from high school; or

(3) that it is the wish of the parent, guardian, or other person having control of the
child, that the child attend for a period or periods not exceeding in the aggregate three
hours in any week, a school for religious instruction conducted and maintained by some
church, or association of churches, or any Sunday school association incorporated under
the laws of this state, or any auxiliary thereof. This school for religious instruction must
be conducted and maintained in a place other than a public school building, and it must
not, in whole or in part, be conducted and maintained at public expense. However, a child
may be absent from school on such days as the child attends upon instruction according to
the ordinances of some church.

Sec. 2.

Minnesota Statutes 2008, section 125A.15, is amended to read:


125A.15 PLACEMENT IN ANOTHER DISTRICT; RESPONSIBILITY.

The responsibility for special instruction and services for a child with a disability
temporarily placed in another district for care and treatment shall be determined in the
following manner:

(a) The district of residence of a child shall be the district in which the child's parent
resides, if living, or the child's guardian, or the district designated by the commissioner if
neither parent nor guardian is living within the state.

(b) When a child is temporarily placed for care and treatment in a day program
located in another district and the child continues to live within the district of residence
during the care and treatment, the district of residence is responsible for providing
transportation to and from the care and treatment facility and an appropriate educational
program for the child. Transportation shall only be provided by the district during regular
operating hours of the district. The district may provide the educational program at a
school within the district of residence, at the child's residence, or in the district in which
the day treatment center is located by paying tuition to that district.

(c) When a child is temporarily placed in a residential program for care and
treatment, the nonresident district in which the child is placed is responsible for providing
an appropriate educational program for the child and necessary transportation while the
child is attending the educational program; and must bill the district of the child's residence
for the actual cost of providing the program, as outlined in section 125A.11, except as
provided in paragraph (d). However, the board, lodging, and treatment costs incurred in
behalf of a child with a disability placed outside of the school district of residence by the
commissioner of human services or the commissioner of corrections or their agents, for
reasons other than providing for the child's special educational needs must not become the
responsibility of either the district providing the instruction or the district of the child's
residence. For the purposes of this section, the state correctional facilities operated on a
fee-for-service basis are considered to be residential programs for care and treatment.

(d) A privately owned and operated residential facility may enter into a contract
to obtain appropriate educational programs for special education children and services
with a joint powers entity. The entity with which the private facility contracts for special
education services shall be the district responsible for providing students placed in that
facility an appropriate educational program in place of the district in which the facility is
located. If a privately owned and operated residential facility does not enter into a contract
under this paragraph, then paragraph (c) applies.

(e) new text beginA child with a disability who is in day treatment or a residential facility during
the summer must be automatically eligible for a summer school program under section
123B.02, subdivision 10.
new text end

new text begin (f) new text endThe district of residence shall pay tuition and other program costs, not including
transportation costs, to the district providing the instruction and services. The district of
residence may claim general education aid for the child as provided by law. Transportation
costs must be paid by the district responsible for providing the transportation and the state
must pay transportation aid to that district.

Sec. 3.

Minnesota Statutes 2008, section 125A.51, is amended to read:


125A.51 PLACEMENT OF CHILDREN WITHOUT DISABILITIES;
EDUCATION AND TRANSPORTATION.

The responsibility for providing instruction and transportation for a pupil without a
disability who has a short-term or temporary physical or emotional illness or disability, as
determined by the standards of the commissioner, and who is temporarily placed for care
and treatment for that illness or disability, must be determined as provided in this section.

(a) The school district of residence of the pupil is the district in which the pupil's
parent or guardian resides.

(b) When parental rights have been terminated by court order, the legal residence
of a child placed in a residential or foster facility for care and treatment is the district in
which the child resides.

(c) Before the placement of a pupil for care and treatment, the district of residence
must be notified and provided an opportunity to participate in the placement decision.
When an immediate emergency placement is necessary and time does not permit
resident district participation in the placement decision, the district in which the pupil is
temporarily placed, if different from the district of residence, must notify the district of
residence of the emergency placement within 15 days of the placement.

(d) When a pupil without a disability is temporarily placed for care and treatment
in a day program and the pupil continues to live within the district of residence during
the care and treatment, the district of residence must provide instruction and necessary
transportation to and from the treatment facility for the pupil. Transportation shall only
be provided by the district during regular operating hours of the district. The district
may provide the instruction at a school within the district of residence, at the pupil's
residence, or in the case of a placement outside of the resident district, in the district in
which the day treatment program is located by paying tuition to that district. The district
of placement may contract with a facility to provide instruction by teachers licensed
by the state Board of Teaching.

(e) When a pupil without a disability is temporarily placed in a residential program
for care and treatment, the district in which the pupil is placed must provide instruction
for the pupil and necessary transportation while the pupil is receiving instruction, and in
the case of a placement outside of the district of residence, the nonresident district must
bill the district of residence for the actual cost of providing the instruction for the regular
school year and for summer school, excluding transportation costs.

(f) new text beginA child who is in day treatment or a residential facility during the summer
must be automatically eligible for a summer school program under section 123B.02,
subdivision 10.
new text end

new text begin (g) new text endNotwithstanding paragraph (e), if the pupil is homeless and placed in a public or
private homeless shelter, then the district that enrolls the pupil under section 127A.47,
subdivision 2
, shall provide the transportation, unless the district that enrolls the pupil
and the district in which the pupil is temporarily placed agree that the district in which
the pupil is temporarily placed shall provide transportation. When a pupil without a
disability is temporarily placed in a residential program outside the district of residence,
the administrator of the court placing the pupil must send timely written notice of the
placement to the district of residence. The district of placement may contract with a
residential facility to provide instruction by teachers licensed by the state Board of
Teaching. For purposes of this section, the state correctional facilities operated on a
fee-for-service basis are considered to be residential programs for care and treatment.

deleted text begin (g)deleted text endnew text begin (h) new text end The district of residence must include the pupil in its residence count of
pupil units and pay tuition as provided in section 123A.488 to the district providing the
instruction. Transportation costs must be paid by the district providing the transportation
and the state must pay transportation aid to that district. For purposes of computing state
transportation aid, pupils governed by this subdivision must be included in the disabled
transportation category if the pupils cannot be transported on a regular school bus route
without special accommodations.

Sec. 4.

Minnesota Statutes 2008, section 126C.44, is amended to read:


126C.44 SAFE SCHOOLS LEVY.

(a) Each district may make a levy on all taxable property located within the district
for the purposes specified in this section. The maximum amount which may be levied
for all costs under this section shall be equal to $30 multiplied by the district's adjusted
marginal cost pupil units for the school year. The proceeds of the levy must be reserved
and used for directly funding the following purposes or for reimbursing the cities and
counties who contract with the district for the following purposes: (1) to pay the costs
incurred for the salaries, benefits, and transportation costs of peace officers and sheriffs for
liaison in services in the district's schools; (2) to pay the costs for a drug abuse prevention
program as defined in section 609.101, subdivision 3, paragraph (e), in the elementary
schools; (3) to pay the costs for a gang resistance education training curriculum in the
district's schools; (4) to pay the costs for security in the district's schools and on school
property; (5) to pay the costs for other crime prevention, drug abuse, student and staff
safety, voluntary opt-in suicide prevention tools, and violence prevention measures taken
by the school district; deleted text beginordeleted text end (6) to pay costs for licensed school counselors, licensed school
nurses, licensed school social workers, licensed school psychologists, and licensed alcohol
and chemical dependency counselors to help provide early responses to problemsnew text begin; or (7)
to pay for the costs of mental health crisis intervention team training for peace officers
and sheriffs who serve as liaisons under clause (1)
new text end. For expenditures under clause (1), the
district must initially attempt to contract for services to be provided by peace officers or
sheriffs with the police department of each city or the sheriff's department of the county
within the district containing the school receiving the services. If a local police department
or a county sheriff's department does not wish to provide the necessary services, the
district may contract for these services with any other police or sheriff's department
located entirely or partially within the school district's boundaries.

(b) A school district that is a member of an intermediate school district may
include in its authority under this section the costs associated with safe schools activities
authorized under paragraph (a) for intermediate school district programs. This authority
must not exceed $10 times the adjusted marginal cost pupil units of the member districts.
This authority is in addition to any other authority authorized under this section. Revenue
raised under this paragraph must be transferred to the intermediate school district.

(c) A school district must set aside at least $3 per adjusted marginal cost pupil unit
of the safe schools levy proceeds for the purposes authorized under paragraph (a), clause
(6). The district must annually certify that its total spending on services provided by the
employees listed in paragraph (a), clause (6), is not less than the sum of its expenditures
for these purposes, excluding amounts spent under this section, in the previous year plus
the amount spent under this section.

Sec. 5. new text beginHIGHER EDUCATION STUDENT HEALTH INSURANCE PROGRAM.
new text end

new text begin The commissioner of human services shall study, in consultation with the Office
of Higher Education, and provide to the legislature, different options for ensuring that
all full-time and part-time students enrolled in a public or private institution of higher
education in the state are participating in a qualifying student health insurance program
or are covered under another health insurance plan. The commissioner shall determine
how institutions of higher education will monitor student participation and require each
institution to provide documentation to determine if the institution is complying with the
mandatory health insurance program requirements. The commissioner shall also propose
exceptions to the requirement for students who do not have insurance coverage due to
religious beliefs. The commissioner must recommend in the report to the legislature a
penalty for institutions that fail to carry out the responsibilities of the mandatory student
health insurance program. The commissioner shall also provide in the report to the
legislature an analysis of the number of higher education students in the state who are
lacking health insurance, and the costs to the students and the institutions of providing a
qualifying student health insurance program, or requiring the students to enroll in other
available health insurance, and the costs of monitoring student compliance with the
program. The commissioner shall also include a proposed method of meeting those costs.
new text end

new text begin The analysis, report, and draft legislation are due to the legislative committees having
jurisdiction over higher education issues and health care issues by January 15, 2010.
new text end

Sec. 6. new text beginTRANSITION PROGRAMS FOR STUDENTS WITH EMOTIONAL
OR BEHAVIORAL DIFFICULTIES.
new text end

new text begin The commissioner of education shall provide grants to school districts to develop
a service delivery system for transition-aged youth and young adults with emotional or
behavioral difficulties to assist them in making a successful transition into adulthood, with
all of them achieving within their potential their personal goals in the transition domains
of employment, education, living situation, personal effectiveness, and community life
functioning.
new text end

new text begin Grants must be provided to school districts using research-based approaches that:
new text end

new text begin (1) engage young people through relationship development, person-centered
planning, and a focus on their futures;
new text end

new text begin (2) tailor services and supports to be accessible, coordinated, and developmentally
appropriate, and build on strengths to enable the young people to pursue their goals across
all transition domains;
new text end

new text begin (3) acknowledge and develop personal choice and social responsibility with young
people;
new text end

new text begin (4) ensure a safety net of support by involving a young person's parents, family
members, and other informal and formal key players;
new text end

new text begin (5) enhance young persons' competencies to assist them in achieving greater
self-sufficiency and confidence;
new text end

new text begin (6) maintain an outcome focus in the trade, industry, and profession charters system
at the young person, program, and community levels; and
new text end

new text begin (7) involve young people, parents, and other community partners in the trade,
industry, and profession charters system at the practice, program, and community levels.
new text end

new text begin Grant funds may be used to hire transition facilitators who use a coaching style of
intervention across four major intervention components:
new text end

new text begin (1) strength and needs assessment;
new text end

new text begin (2) transition domain planning;
new text end

new text begin (3) coaching and service support coordination; and
new text end

new text begin (4) informal and community supports.
new text end

new text begin Funds may also be used to support a community-based steering committee to provide
advice on the system development, assist in the identification of successes and barriers,
assist in the education of the community, and to strengthen the interagency and community
network to improve the availability and access to transition services and supports
appropriate to these youth and young adults. The committee must be composed of a
culturally ethnically diverse membership of representatives from service sectors, such as
child and adults mental health, public school district, vocational rehabilitation, child
welfare, juvenile justice, corrections and probation, housing, homeless and runaway
centers, community colleges, youth and parents, and chamber of commerce.
new text end