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HF 922

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

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

Bill Text Versions

Engrossments
Introduction Posted on 02/13/2007

Current Version - as introduced

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A bill for an act
relating to human services; changing mental health provisions; authorizing
provider rate increases; changing mental health services coverage by medical
assistance; implementing evidence-based practice; appropriating money;
amending Minnesota Statutes 2006, sections 256B.038; 256B.0623, subdivisions
2, 8, 12; 256B.0625, subdivisions 38, 43, 46, by adding subdivisions; 256B.0943,
subdivisions 1, 2, by adding a subdivision; 256B.69, subdivisions 5g, 5h;
256B.761; 256B.763; 256L.12, subdivision 9a.

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

Section 1.

Minnesota Statutes 2006, 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 begin anddeleted 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 ; and
children's therapeutic services and support services under section 256B.0943
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 2006, section 256B.0623, subdivision 2, is amended to read:


Subd. 2.

Definitions.

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

(a) "Adult rehabilitative mental health services" means mental health services which
are rehabilitative and enable the recipient to develop and enhance psychiatric stability,
social competencies, personal and emotional adjustment, and independent living and
community skills, when these abilities are impaired by the symptoms of mental illness.
Adult rehabilitative mental health services are also appropriate when provided to enable a
recipient to retain stability and functioning, if the recipient would be at risk of significant
functional decompensation or more restrictive service settings without these services.

(1) Adult rehabilitative mental health services instruct, assist, and support the
recipient in areas such as: interpersonal communication skills, community resource
utilization and integration skills, crisis assistance, relapse prevention skills, health care
directives, budgeting and shopping skills, healthy lifestyle skills and practices, cooking
and nutrition skills, transportation skills, medication education and monitoring, mental
illness symptom management skills, household management skills, employment-related
skills, and transition to community living services.

(2) These services shall be provided to the recipient on a one-to-one basis in the
recipient's home or another community setting or in groups.

(b) "Medication education services" means services provided individually or in
groups which focus on educating the recipient about mental illness and symptoms; the role
and effects of medications in treating symptoms of mental illness; and the side effects of
medications. Medication education is coordinated with medication management services
and does not duplicate it. Medication education services are provided by physicians,
pharmacists, physician's assistants, or registered nurses.

(c) "Transition to community living services" means services which maintain
continuity of contact between the rehabilitation services provider and the recipient and
which facilitate discharge from a hospital, residential treatment program under Minnesota
Rules, chapter 9505, board and lodging facility, or nursing home. Transition to community
living services are not intended to provide other areas of adult rehabilitative mental health
services.

new text begin (d) "Family psychoeducation" is a multimodal outpatient therapy and rehabilitative
service that involves parents, families, and others as resources in the treatment, recovery,
and improved functioning of a person with mental illness or emotional disturbance,
in which families learn about the illness, family reactions, and types of treatment and
supports. Families learn to develop skills to handle problems posed by mental illness
including coping, managing stress, ensuring safety, creating social support, identifying
resources, and supporting treatment and recovery goals. Services include family
counseling, family treatment planning, and family support using cognitive, behavioral,
problem-solving, and communication strategies, and may involve individual, family, and
group intervention activities for consumers and families together, families only, or brief
intermittent consultations at critical times in an episode of care. Eligible providers must
be certified to provide both outpatient mental health services and rehabilitative services
under this section.
new text end

Sec. 3.

Minnesota Statutes 2006, section 256B.0623, subdivision 8, is amended to read:


Subd. 8.

Diagnostic assessment.

Providers 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 begin A diagnostic assessment must be reimbursed at the same rate
as a diagnostic assessment under section 256B.49, subdivision 14.
new text end In 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.

Sec. 4.

Minnesota Statutes 2006, section 256B.0623, subdivision 12, is amended to
read:


Subd. 12.

Additional requirements.

(a) Providers of adult rehabilitative
mental health services must comply with the requirements relating to referrals for case
management in section 245.467, subdivision 4.

(b) Adult rehabilitative mental health services are provided for most recipients
in the recipient's home and community. Services may also be provided at the home of
a relative or significant other, job site, psychosocial clubhouse, drop-in center, social
setting, classroom, or other places in the community. Except for "transition to community
services," the place of service does not include a regional treatment center, nursing
home, residential treatment facility licensed under Minnesota Rules, parts 9520.0500 to
9520.0670 (Rule 36), or an acute care hospital.

(c) Adult rehabilitative mental health services may be provided in group settings if
appropriate to each participating recipient's needs and treatment plan. A group is defined
as two to ten clients, at least one of whom is a recipient, who is concurrently receiving a
service which is identified in this section. The service and group must be specified in the
recipient's treatment plan. No more than two qualified staff may bill Medicaid for services
provided to the same group of recipients. If two adult rehabilitative mental health workers
bill for recipients in the same group session, they must each bill for different recipients.

new text begin (d) Adult rehabilitative mental health services include family psychoeducation,
coordination and care management, and collateral contacts.
new text end

Sec. 5.

Minnesota Statutes 2006, section 256B.0625, subdivision 38, is amended to
read:


Subd. 38.

Payments for mental health services.

new text begin (a) new text end Payments 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 begin For 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 begin and
new text end

new text begin (4) new text end meet all requirements under Minnesota Rules, part 9505.0323, subpart 24deleted text begin , anddeleted text end new text begin .
Payments under this paragraph
new text end shall be paid deleted text begin accordinglydeleted text end new 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:
new text end

new text begin (1) is employed by a community mental health center and 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 (2) 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 a doctoral-prepared 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) 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. 6.

Minnesota Statutes 2006, section 256B.0625, subdivision 43, is amended to
read:


Subd. 43.

Mental health provider travel time.

Medical assistance covers provider
travel time new text begin plus reimbursement for mileage new text end if a recipient's individual treatment plan
requires the provision of mental health services outside of the provider's normal place of
business. deleted text begin Thisdeleted text end new text begin Reimbursement under this subdivisionnew text end 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.

Sec. 7.

Minnesota Statutes 2006, 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 and the cost of broadband connections
new text end . The interactive video
equipment and connection must comply with Medicare standards in effect at the time
the service is provided.

Sec. 8.

Minnesota Statutes 2006, section 256B.0625, is amended by adding a
subdivision to read:


new text begin Subd. 50. new text end

new text begin Intensive mental health outpatient treatment. new text end

new text begin (a) Medical assistance
covers intensive mental health outpatient treatment. Intensive mental health outpatient
treatment is a multimodal, therapeutic, and rehabilitative service that is provided for at
least two hours per day and at least nine to 20 hours per week. The service provides an
opportunity to combine existing covered services to deliver the necessary intensity and
frequency of services identified in the individual treatment plan. Components of intensive
mental health outpatient treatment include, but are not limited to:
new text end

new text begin (1) individual, family, or multifamily group psychotherapy or psychoeducational
services;
new text end

new text begin (2) adjunctive services such as medical monitoring, family psychoeducation,
behavioral parent training, rehabilitative services, medication education, relapse
prevention, illness management and recovery services, and care coordination; and
new text end

new text begin (3) service coordination and referral for medical care or social services.
new text end

new text begin (b) During transition into or from services, intensive outpatient treatment under
paragraph (a) may include time-limited services in multiple settings as clinically
necessary. The service must be paid as a per diem based on 90 percent of the rate paid
for partial hospitalization. Eligible providers must be licensed or certified to provide
all aspects of the service.
new text end

Sec. 9.

Minnesota Statutes 2006, section 256B.0625, is amended by adding a
subdivision to read:


new text begin Subd. 51. new text end

new text begin Care management. new text end

new text begin Medical assistance covers up to six hours of service
per client per year, without authorization, of coordination and care management as a
component of childrena??s therapeutic services and supports, 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 improving continuity and
access to appropriate and necessary services.
new text end

Sec. 10.

Minnesota Statutes 2006, section 256B.0625, is amended by adding a
subdivision to read:


new text begin Subd. 52. new text end

new text begin Collateral contacts. new text end

new text begin Medical assistance covers up to six hours of service
per client per year of collateral contacts as a component of childrena??s therapeutic services
and supports, adult rehabilitative mental health services, and 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

Sec. 11.

Minnesota Statutes 2006, section 256B.0625, is amended by adding a
subdivision to read:


new text begin Subd. 53. new text end

new text begin Mental health services; dual eligible clients. new text end

new text begin Effective for services
rendered on or after January 1, 2008, medical assistance payments for community
mental health and psychiatry services provided to dual eligible clients shall be paid at
the Medicare reimbursement rate or at the medical assistance payment rate in effect on
January 1, 2008, whichever is greater.
new text end

Sec. 12.

Minnesota Statutes 2006, 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) new text begin "Family psychoeducation" is a multimodal outpatient therapy and rehabilitative
service that involves parents, families, and others as resources in the treatment, recovery,
and improved functioning of a person with mental illness or emotional disturbance,
in which families learn about the illness, family reactions, and types of treatment and
supports. Families learn to develop skills to handle problems posed by mental illness
including coping, managing stress, ensuring safety, creating social support, identifying
resources, and supporting treatment and recovery goals. Services include family
counseling, family treatment planning, and family support using cognitive, behavioral,
problem-solving, and communication strategies, and may involve individual, family, and
group intervention activities for consumers and families together, families only, or brief
intermittent consultations at critical times in an episode of care. Eligible providers must
be certified to provide both outpatient mental health services and rehabilitative services
under sections 256B.0623 and 256B.0943.
new text end

new text begin (l) new text end "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.

deleted text begin (l)deleted text end new text begin (m)new text end "Individual treatment plan" has the meaning given in section 245.4871,
subdivision 21
.

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

deleted text begin (n)deleted text end new text begin (o)new text end "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.

deleted text begin (o)deleted text end new text begin (p)new text end "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. 13.

Minnesota Statutes 2006, section 256B.0943, subdivision 2, is amended to
read:


Subd. 2.

Covered service components of children's therapeutic services and
supports.

(a) Subject to federal approval, medical assistance covers medically necessary
children's therapeutic services and supports as defined in this section that an eligible
provider entity under subdivisions 4 and 5 provides to a client eligible under subdivision 3.

(b) The service components of children's therapeutic services and supports are:

(1) individual, family, deleted text begin anddeleted text end group psychotherapynew text begin , and family psychoeducationnew text end ;

(2) individual, family, or group skills training provided by a mental health
professional or mental health practitioner;

(3) crisis assistance;

(4) mental health behavioral aide services; deleted text begin and
deleted text end

(5) direction of a mental health behavioral aidenew text begin ;
new text end

new text begin (6) coordination and care management; and
new text end

new text begin (7) collateral contactsnew text end .

(c) Service components may be combined to constitute therapeutic programs,
including day treatment programs and preschool programs. Although day treatment and
preschool programs have specific client and provider eligibility requirements, medical
assistance only pays for the service components listed in paragraph (b).

Sec. 14.

Minnesota Statutes 2006, 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 A diagnostic assessment
under this section must be reimbursed at the same rate as a diagnostic assessment under
section 256B.49, subdivision 14.
new text end

Sec. 15.

Minnesota Statutes 2006, section 256B.69, subdivision 5g, is amended to read:


Subd. 5g.

Payment for covered services.

For services rendered on or after January
1, 2003, the total payment made to managed care plans for providing covered services
under the medical assistance and general assistance medical care programs is reduced by
.5 percent from their current statutory rates. This provision excludes payments for nursing
home services, home and community-based waivers, and payments to demonstration
projects for persons with disabilitiesnew text begin , and mental health services added as covered benefits
after December 31, 2007
new text end .

Sec. 16.

Minnesota Statutes 2006, section 256B.69, subdivision 5h, is amended to read:


Subd. 5h.

Payment reduction.

In addition to the reduction in subdivision 5g,
the total payment made to managed care plans under the medical assistance program is
reduced 1.0 percent for services provided on or after October 1, 2003, and an additional
1.0 percent for services provided on or after January 1, 2004. This provision excludes
payments for nursing home services, home and community-based waivers, deleted text begin anddeleted text end payments
to demonstration projects for persons with disabilitiesnew text begin , and mental health services added as
covered benefits after December 1, 2007
new text end .

Sec. 17.

Minnesota Statutes 2006, section 256B.761, is amended to read:


256B.761 REIMBURSEMENT FOR MENTAL HEALTH SERVICES.

(a) Effective for services rendered on or after July 1, deleted text begin 2001deleted text end new text begin 2007new text end , payment for
medication management provided to psychiatric patients, outpatient mental health
services, day treatment services, home-based mental health services, and family
community support services shall be paid at the lower of (1) submitted charges, or (2) 75.6
percent of the 50th percentile of 1999 charges.

(b) Effective July 1, 2001, the medical assistance rates for outpatient mental health
services provided by an entity that operates: (1) a Medicare-certified comprehensive
outpatient rehabilitation facility; and (2) a facility that was certified prior to January 1,
1993, with at least 33 percent of the clients receiving rehabilitation services in the most
recent calendar year who are medical assistance recipients, will be increased by 38 percent,
when those services are provided within the comprehensive outpatient rehabilitation
facility and provided to residents of nursing facilities owned by the entity.

new text begin (c) Notwithstanding section 256B.03, subdivision 1, effective July 1, 2007, the
medical assistance payment rates for mental health services provided by mental health
professionals shall be determined by using the average usual and customary charge of
the doctoral-prepared professionals only.
new text end

Sec. 18.

Minnesota Statutes 2006, 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; deleted text begin and
deleted text end

(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.19new text begin ; and
new text end

new text begin (4) providers of individual and group skills training, individual and group
psychotherapy, diagnostic assessments, and other services when provided as a component
of childrena??s therapeutic services and support
new text end .

(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 paragraph (a). The prepaid
health plan must pass this rate increase to the providers identified in paragraph (a).

Sec. 19.

Minnesota Statutes 2006, section 256L.12, subdivision 9a, is amended to read:


Subd. 9a.

Rate setting; ratable reduction.

For services rendered on or after
October 1, 2003, the total payment made to managed care plans under the MinnesotaCare
program is reduced 1.0 percent.new text begin This provision excludes payments for mental health
services added as covered benefits after December 31, 2007.
new text end

Sec. 20. new text begin DUAL DIAGNOSIS; DEMONSTRATION PROJECT.
new text end

new text begin (a) The commissioner of human services shall fund demonstration projects for high
risk adults with serious mental illness and co-occurring substance abuse problems. The
projects 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 (b) The commissioner shall work with housing providers to ensure proper licensure
to meet medical assistance or third party payor reimbursement requirements.
new text end

Sec. 21. new text begin EVIDENCE-BASED PRACTICE.
new text end

new text begin The commissioner of human services shall make a onetime consultation with
stakeholder groups and 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.
new text end

Sec. 22. new text begin MENTAL HEALTH SERVICES PROVIDER RATE INCREASES.
new text end

new text begin (a) The commissioner of human services shall increase reimbursement rates or
rate limits, as applicable, by 2.2553 percent for the rate period beginning October 1,
2007, and the rate period beginning October 1, 2008, effective for services rendered on
or after those dates.
new text end

new text begin (b) The 2.2553 percent annual rate increase described in this section must be
provided to:
new text end

new text begin (1) childrena??s therapeutic services and supports under section 256B.0943; and
new text end

new text begin (2) adult rehabilitative mental health services under section 256B.0623.
new text end

new text begin (c) Providers that receive a rate increase under this section shall use 75 percent of
the additional revenue to increase wages and benefits and pay associated costs for all
employees, except for management fees, the administrator, and central office staffs.
new text end

new text begin (d) For public employees, the increase for wages and benefits for certain staff is
available and pay rates shall 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.
new text end

new text begin (e) A copy of the provider's plan for complying with paragraph (c) must be made
available to all employees by giving each employee a copy or by posting a copy in an area
of the provider's operation to which all employees have access. If an employee does not
receive the adjustment, if any, described in the plan and is unable to resolve the problem
with the provider, the employee may contact the employee's union representative. If the
employee is not covered by a collective bargaining agreement, the employee may contact
the commissioner at a telephone number provided by the commissioner and included in
the provider's plan.
new text end

Sec. 23. new text begin TELEHEALTH.
new text end

new text begin Subdivision 1. new text end

new text begin Services. new text end

new text begin The commissioner of administration in consultation with
the commissioner of human services shall provide televideo conferencing at no cost to the
providers between:
new text end

new text begin (1) state and county agency sites; and
new text end

new text begin (2) community providers or association of community providers sites.
new text end

new text begin Subd 2. new text end

new text begin Eligibility. new text end

new text begin Community providers eligible for the televideo conferencing
are those enrolled as medical assistance providers or under contract with counties to
provide services under Minnesota Statutes, sections 245.461 to 245.486, the Minnesota
Comprehensive Adult Mental Health Act; Minnesota Statutes, sections 245.4712 to
245.4861, community support and day treatment services; or Minnesota Statutes, sections
245.487 to 245.4887, the Minnesota Comprehensive Childrena??s Mental Health Act.
new text end

Sec. 24. new text begin APPROPRIATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Community mental health programs. new text end

new text begin $....... is appropriated in
fiscal year 2008 from the general fund to the commissioner of human services to contract
for training and consultation for clinical supervisors and staff of community mental health
centers who provide services to children and adults. The purpose of the training and
consultation is to improve clinical supervision of staff, strengthen compliance with federal
and state rules and regulations, and to recommend strategies for standardization and
simplification of administrative functions among community mental health centers.
new text end

new text begin Subd. 2. new text end

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

new text begin $....... in fiscal year 2008 and
$....... in fiscal year 2009 are appropriated from the general fund to the commissioner of
human services to fund the demonstration projects under section 20.
new text end

new text begin Subd. 3. new text end

new text begin Telehealth. new text end

new text begin $....... in fiscal year 2008 and $....... in fiscal year 2009 are
appropriated from the general fund to the commissioner of administration to provide
televideo conferencing under section 23.
new text end