1.1                          A bill for an act 
  1.2             relating to human services; including coverage under 
  1.3             medical assistance for targeted case management 
  1.4             services; providing targeted case management services; 
  1.5             amending Minnesota Statutes 2000, section 256B.0625, 
  1.6             by adding a subdivision; proposing coding for new law 
  1.7             in Minnesota Statutes, chapter 256B. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2000, section 256B.0625, is 
  1.10  amended by adding a subdivision to read: 
  1.11     Subd. 43.  [TARGETED CASE MANAGEMENT SERVICES.] Medical 
  1.12  assistance covers case management services for vulnerable adults 
  1.13  and persons with developmental disabilities not receiving home 
  1.14  and community-based waiver services. 
  1.15     Sec. 2.  [256B.0924] [TARGETED CASE MANAGEMENT SERVICES FOR 
  1.16  VULNERABLE ADULTS AND PERSONS WITH DEVELOPMENTAL DISABILITIES.] 
  1.17     Subdivision 1.  [PURPOSE.] The state recognizes that 
  1.18  targeted case management services can decrease the need for more 
  1.19  costly services such as multiple emergency room visits or 
  1.20  hospitalizations by linking eligible individuals with less 
  1.21  costly services available in the community. 
  1.22     Subd. 2.  [DEFINITIONS.] For purposes of this section, the 
  1.23  following terms have the meanings given: 
  1.24     (a) "Targeted case management" means services which will 
  1.25  assist medical assistance eligible persons to gain access to 
  1.26  needed medical, social, educational, and other services.  
  2.1   Targeted case management does not include therapy, treatment, 
  2.2   legal, or outreach services. 
  2.3      (b) "Targeted case management for adults" means activities 
  2.4   that coordinate and link social and other services designed to 
  2.5   help eligible persons gain access to needed protective services, 
  2.6   social, health care, mental health, habilitative, educational, 
  2.7   vocational, recreational, advocacy, legal, chemical, health, and 
  2.8   other related services. 
  2.9      Subd. 3.  [ELIGIBILITY.] Persons are eligible to receive 
  2.10  targeted case management services under this section if the 
  2.11  requirements in paragraphs (a) and (b) are met. 
  2.12     (a) The person must be assessed and determined by the local 
  2.13  county agency to: 
  2.14     (1) be age 18 or older; 
  2.15     (2) be receiving medical assistance; 
  2.16     (3) have significant functional limitations; and 
  2.17     (4) be in need of service coordination to attain or 
  2.18  maintain living in an integrated community setting. 
  2.19     (b) The person must be a vulnerable adult in need of adult 
  2.20  protection as defined in section 626.5572, or is an adult with 
  2.21  mental retardation as defined in section 252A.02, subdivision 2, 
  2.22  or a related condition as defined in section 252.27, subdivision 
  2.23  1a, and is not receiving home and community-based waiver 
  2.24  services. 
  2.25     Subd. 4.  [TARGETED CASE MANAGEMENT SERVICE 
  2.26  ACTIVITIES.] Targeted case management service activities include:
  2.27     (1) assessment of the person's need for targeted case 
  2.28  management services; 
  2.29     (2) development of a written personal service plan; 
  2.30     (3) regular review and revision of the written personal 
  2.31  service plan with the recipient and the recipient's legal 
  2.32  representative, and others as identified by the recipient, to 
  2.33  ensure access to necessary services and supports identified in 
  2.34  the plan; 
  2.35     (4) effective communication with the recipient and the 
  2.36  recipient's legal representative and others identified by the 
  3.1   recipient; 
  3.2      (5) coordination of referrals for needed services with 
  3.3   qualified providers; 
  3.4      (6) coordination and monitoring of the overall service 
  3.5   delivery to ensure the quality and effectiveness of services; 
  3.6      (7) assistance to the recipient and the recipient's legal 
  3.7   representative to help make an informed choice of services; 
  3.8      (8) advocating on behalf of the recipient when service 
  3.9   barriers are encountered or referring the recipient and the 
  3.10  recipient's legal representative to an independent advocate; 
  3.11     (9) monitor and evaluate services identified in the 
  3.12  personal service plan to ensure personal outcomes are met and to 
  3.13  ensure satisfaction with services and service delivery; 
  3.14     (10) conduct face-to-face monitoring with the recipient at 
  3.15  least twice a year; 
  3.16     (11) complete and maintain necessary documentation that 
  3.17  supports and verifies the activities in this section; and 
  3.18     (12) coordination with the medical assistance facility 
  3.19  discharge planner in the 180-day period prior to the recipient's 
  3.20  discharge into the community. 
  3.21     Subd. 5.  [PERSONAL SERVICE PLAN.] The personal service 
  3.22  plan must be developed and reviewed at least annually with the 
  3.23  recipient and the recipient's legal representative.  The 
  3.24  personal service plan must be revised when there is a change in 
  3.25  the recipient's status.  The personal service plan must identify:
  3.26     (1) the desired personal short and long-term outcomes; 
  3.27     (2) the recipient's preferences for services and supports, 
  3.28  including development of a person-centered plan if requested; 
  3.29  and 
  3.30     (3) formal and informal services and supports based on 
  3.31  areas of assessment, such as:  social, health, mental health, 
  3.32  residence, family, educational and vocational, safety, legal, 
  3.33  self-determination, financial, and chemical health as determined 
  3.34  by the recipient and the recipient's legal representative and 
  3.35  the recipient's support network. 
  3.36     Subd. 6.  [PROVIDER STANDARDS.] County boards or providers 
  4.1   who contract with the county are eligible to receive medical 
  4.2   assistance reimbursement for adult targeted case management 
  4.3   services.  To qualify as a provider of targeted case management 
  4.4   services the vendor must: 
  4.5      (1) have demonstrated the capacity and experience to 
  4.6   provide the activities of case management services defined in 
  4.7   subdivision 4; 
  4.8      (2) be able to coordinate and link community resources 
  4.9   needed by the recipient; 
  4.10     (3) have the administrative capacity and experience to 
  4.11  serve the eligible population in providing services and to 
  4.12  ensure quality of services under state and federal requirements; 
  4.13     (4) have a financial management system that provides 
  4.14  accurate documentation of services and costs under state and 
  4.15  federal requirements; 
  4.16     (5) have the capacity to document and maintain individual 
  4.17  case records complying with state and federal requirements; 
  4.18     (6) coordinate with county social service agencies 
  4.19  responsible for planning for community social services under 
  4.20  chapters 256E and 256F; conducting adult protective 
  4.21  investigations under section 626.557, and conducting prepetition 
  4.22  screenings for commitments under section 253B.07; 
  4.23     (7) coordinate with health care providers to ensure access 
  4.24  to necessary health care services; 
  4.25     (8) have a procedure in place that notifies the recipient 
  4.26  and the recipient's legal representative of any conflict of 
  4.27  interest if the contracted targeted case management service 
  4.28  provider also provides the recipient's services and supports and 
  4.29  provides information on all potential conflicts of interest and 
  4.30  obtains the recipient's informed consent and provides the 
  4.31  recipient with alternatives; and 
  4.32     (9) have demonstrated the capacity to achieve the following 
  4.33  performance outcomes:  access, quality, and consumer 
  4.34  satisfaction. 
  4.35     Subd. 7.  [PAYMENT FOR TARGETED CASE MANAGEMENT.] (a) 
  4.36  Medical assistance and MinnesotaCare payment for targeted case 
  5.1   management shall be made on a monthly basis.  In order to 
  5.2   receive payment for an eligible adult, the provider must 
  5.3   document at least one contact per month and not more than two 
  5.4   consecutive months without a face-to-face contact with the adult 
  5.5   or the adult's legal representative. 
  5.6      (b) Payment for targeted case management provided by county 
  5.7   staff under this subdivision shall be based on the monthly rate 
  5.8   methodology under section 256B.094, subdivision 6, paragraph 
  5.9   (b), calculated as one combined average rate together with adult 
  5.10  mental health case management under section 256B.0625, 
  5.11  subdivision 20.  Billing and payment must identify the 
  5.12  recipient's primary population group to allow tracking of 
  5.13  revenues. 
  5.14     (c) Payment for targeted case management provided by 
  5.15  county-contracted vendors shall be based on a monthly rate 
  5.16  negotiated by the host county.  The negotiated rate must not 
  5.17  exceed the rate charged by the vendor for the same service to 
  5.18  other payers.  If the service is provided by a team of 
  5.19  contracted vendors, the county may negotiate a team rate with a 
  5.20  vendor who is a member of the team.  The team shall determine 
  5.21  how to distribute the rate among its members.  No reimbursement 
  5.22  received by contracted vendors shall be returned to the county, 
  5.23  except to reimburse the county for advance funding provided by 
  5.24  the county to the vendor. 
  5.25     (d) If the service is provided by a team that includes 
  5.26  contracted vendors and county staff, the costs for county staff 
  5.27  participation on the team shall be included in the rate for 
  5.28  county-provided services.  In this case, the contracted vendor 
  5.29  and the county may each receive separate payment for services 
  5.30  provided by each entity in the same month.  In order to prevent 
  5.31  duplication of services, the county must document, in the 
  5.32  recipient's file, the need for team targeted case management and 
  5.33  a description of the different roles of the team members. 
  5.34     (e) Notwithstanding section 256B.19, subdivision 1, the 
  5.35  nonfederal share of costs for targeted case management shall be 
  5.36  provided by the recipient's county of responsibility, as defined 
  6.1   in sections 256G.01 to 256G.12, from sources other than federal 
  6.2   funds or funds used to match other federal funds. 
  6.3      (f) The commissioner may suspend, reduce, or terminate 
  6.4   reimbursement to a provider that does not meet the reporting or 
  6.5   other requirements of this section.  The county of 
  6.6   responsibility, as defined in sections 256G.01 to 256G.12, is 
  6.7   responsible for any federal disallowances.  The county may share 
  6.8   this responsibility with its contracted vendors. 
  6.9      (g) The commissioner shall set aside five percent of the 
  6.10  federal funds received under this section for use in reimbursing 
  6.11  the state for costs of developing and implementing this section. 
  6.12     (h) Notwithstanding section 256.025, subdivision 2, 
  6.13  payments to counties for targeted case management expenditures 
  6.14  under this section shall only be made from federal earnings from 
  6.15  services provided under this section.  Payments to contracted 
  6.16  vendors shall include both the federal earnings and the county 
  6.17  share. 
  6.18     (i) Notwithstanding section 256B.041, county payments for 
  6.19  the cost of case management services provided by county staff 
  6.20  shall not be made to the state treasurer.  For the purposes of 
  6.21  targeted case management services provided by county staff under 
  6.22  this section, the centralized disbursement of payments to 
  6.23  counties under section 256B.041 consists only of federal 
  6.24  earnings from services provided under this section. 
  6.25     (j) If the recipient is a resident of a nursing facility, 
  6.26  intermediate care facility, or hospital, and the recipient's 
  6.27  institutional care is paid by medical assistance, payment for 
  6.28  targeted case management services under this subdivision is 
  6.29  limited to the last 180 days of the recipient's residency in 
  6.30  that facility and may not exceed more than six months in a 
  6.31  calendar year. 
  6.32     (k) Payment for targeted case management services under 
  6.33  this subdivision shall not duplicate payments made under other 
  6.34  program authorities for the same purpose. 
  6.35     (l) Any growth in targeted case management services and 
  6.36  cost increases under this section shall be the responsibility of 
  7.1   the counties. 
  7.2      Subd. 8.  [IMPLEMENTATION AND EVALUATION.] The commissioner 
  7.3   of human services in consultation with county boards shall 
  7.4   establish a program to accomplish the provisions of subdivisions 
  7.5   1 to 6.  The commissioner in consultation with county boards 
  7.6   shall establish performance measures to evaluate the 
  7.7   effectiveness of the targeted case management services.  If a 
  7.8   county fails to meet agreed upon performance measures, the 
  7.9   commissioner may authorize non-county-contracted providers, 
  7.10  based on the standards in subdivision 6.