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HF 2282

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

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

Bill Text Versions

Engrossments
Introduction Posted on 04/04/2005

Current Version - as introduced

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A bill for an act
relating to human services; expanding children's
therapeutic services and support; amending Minnesota
Statutes 2004, section 256B.0943, subdivisions 1, 2.

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

Section 1.

Minnesota Statutes 2004, 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) new text begin "Case management services" has the meaning given in
section 245.4871, subdivision 3.
new text end

new text begin (b) "Case management service provider" is a provider of
case management services chosen by the client or the client's
parent or guardian, who is a certified provider of children's
therapeutic services and support under subdivision 4, or a
provider who meets the requirements under section 245.4871,
subdivision 4.
new text end

new text begin (c) new text end "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.

deleted text begin (b) deleted text end new text begin (d) new text end "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.

deleted text begin (c) deleted text end new text begin (e) new text end "County board" means the county board of
commissioners or board established under sections 402.01 to
402.10 or 471.59.

deleted text begin (d) deleted text end new text begin (f) new text end "Crisis assistance" has the meaning given in
section 245.4871, subdivision 9a.

deleted text begin (e) deleted text end new text begin (g) new text end "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.

deleted text begin (f) deleted text end new text begin (h) new text end "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.

deleted text begin (g) deleted text end new text begin (i) new text end "Diagnostic assessment" has the meaning given in
section 245.4871, subdivision 11.

deleted text begin (h) deleted text end new text begin (j) new text end "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.

deleted text begin (i) deleted text end new text begin (k) new text end "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).

deleted text begin (j) deleted text end new text begin (l) new text end "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).

deleted text begin (k) deleted text end new text begin (m) 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 (n) 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 (o) 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 (p) 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 (q) 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. 2.

Minnesota Statutes 2004, 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, and group psychotherapy;

(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 ; and
new text end

new text begin (6) case management servicesnew 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. 3. new text begin FEDERAL APPROVAL; EFFECTIVE DATE.
new text end

new text begin If federal approval is required, the commissioner shall
apply for federal approval, and sections 1 and 2 are effective
upon federal approval. If federal approval is not necessary,
sections 1 and 2 are effective July 1, 2005.
new text end