HF 3897

as introduced - 89th Legislature (2015 - 2016) Posted on 04/15/2016 01:42pm

A bill for an act
relating to state government; making supplemental appropriations for human
services; modifying provisions governing direct care and treatment; amending
Minnesota Statutes 2014, sections 246.54, as amended; 246B.035; 253B.15,
subdivision 1; Minnesota Statutes 2015 Supplement, section 245.4889,
subdivision 1.

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

ARTICLE 1

DIRECT CARE AND TREATMENT

Section 1.

Minnesota Statutes 2015 Supplement, section 245.4889, subdivision 1,
is amended to read:

Subdivision 1.

Establishment and authority.

(a) The commissioner is authorized
to make grants from available appropriations to assist:

(1) counties;

(2) Indian tribes;

(3) children's collaboratives under section 124D.23 or 245.493; or

(4) mental health service providers.

(b) The following services are eligible for grants under this section:

(1) services to children with emotional disturbances as defined in section 245.4871,
subdivision 15, and their families;

(2) transition services under section 245.4875, subdivision 8, for young adults under
age 21 and their families;

(3) respite care services for children with severe emotional disturbances who are at
risk of out-of-home placement;

(4) children's mental health crisis services;

(5) mental health services for people from cultural and ethnic minorities;

(6) children's mental health screening and follow-up diagnostic assessment and
treatment;

(7) services to promote and develop the capacity of providers to use evidence-based
practices in providing children's mental health services;

(8) school-linked mental health services;

(9) building evidence-based mental health intervention capacity for children birth to
age five;

(10) suicide prevention and counseling services that use text messaging statewide;

(11) mental health first aid training;

(12) training for parents, collaborative partners, and mental health providers on the
impact of adverse childhood experiences and trauma and development of an interactive
Web site to share information and strategies to promote resilience and prevent trauma;

(13) transition age services to develop or expand mental health treatment and
supports for adolescents and young adults 26 years of age or younger;

(14) early childhood mental health consultation;

(15) evidence-based interventions for youth at risk of developing or experiencing a
first episode of psychosis, and a public awareness campaign on the signs and symptoms of
psychosis; deleted text begin and
deleted text end

(16) psychiatric consultation for primary care practitioners deleted text begin . deleted text end new text begin ; and
new text end

new text begin (17) sustaining extended-stay inpatient psychiatric hospital services for children
and adolescents.
new text end

(c) Services under paragraph (b) must be designed to help each child to function and
remain with the child's family in the community and delivered consistent with the child's
treatment plan. Transition services to eligible young adults under paragraph (b) must be
designed to foster independent living in the community.

Sec. 2.

Minnesota Statutes 2014, section 246.54, as amended by Laws 2015, chapter
71, article 4, section 2, is amended to read:

246.54 LIABILITY OF COUNTY; REIMBURSEMENT.

Subdivision 1.

deleted text begin County portion for cost of care deleted text end new text begin Generally new text end .

deleted text begin (a) deleted text end Except for chemical
dependency services provided under sections 254B.01 to 254B.09, the client's county
shall pay to the state of Minnesota a portion of the cost of care provided in a regional
treatment center or a state nursing facility to a client legally settled in that county. A
county's payment shall be made from the county's own sources of revenue and payments
shall equal a percentage of the cost of care, as determined by the commissioner, for each
day, or the portion thereof, that the client spends at a regional treatment center or a state
nursing facility deleted text begin according to the following schedule: deleted text end new text begin .
new text end

new text begin Subd. 1a. new text end

new text begin Anoka Metro Regional Treatment Center. new text end

new text begin (a) A county's payment of
the cost of care provided at Anoka Metro Regional Treatment Center shall be according to
the following schedule:
new text end

(1) zero percent for the first 30 days;

(2) 20 percent for days 31 and over if the stay is determined to be clinically
appropriate for the client; and

(3) 100 percent for each day during the stay, including the day of admission, when
the facility determines that it is clinically appropriate for the client to be discharged.

(b) If payments received by the state under sections 246.50 to 246.53 exceed 80
percent of the cost of care for days over 31 for clients who meet the criteria in paragraph
(a), clause (2), the county shall be responsible for paying the state only the remaining
amount. The county shall not be entitled to reimbursement from the client, the client's
estate, or from the client's relatives, except as provided in section 246.53.

new text begin Subd. 1b. new text end

new text begin Community behavioral health hospitals. new text end

new text begin A county's payment of the
cost of care provided at state-operated community-based behavioral health hospitals shall
be according to the following schedule:
new text end

new text begin (1) 100 percent for each day during the stay, including the day of admission, when
the facility determines that it is clinically appropriate for the client to be discharged; and
new text end

new text begin (2) the county shall not be entitled to reimbursement from the client, the client's
estate, or from the client's relatives, except as provided in section 246.53.
new text end

new text begin Subd. 1c. new text end

new text begin State-operated forensic services. new text end

new text begin A county's payment of the cost of care
provided at state-operated forensic services shall be according to the following schedule:
new text end

new text begin (1) Minnesota Security Hospital: ten percent for each day, or portion thereof, that the
client spends in a Minnesota Security Hospital program. If payments received by the state
under sections 246.50 to 246.53 for services provided at the Minnesota Security Hospital
exceed 90 percent of the cost of care, the county shall be responsible for paying the state
only the remaining amount. The county shall not be entitled to reimbursement from the
client, the client's estate, or the client's relatives except as provided in section 246.53;
new text end

new text begin (2) forensic nursing home: ten percent for each day, or portion thereof, that the client
spends in a forensic nursing home program. If payments received by the state under
sections 246.50 to 246.53 for services provided at the forensic nursing home exceed 90
percent of the cost of care, the county shall be responsible for paying the state only the
remaining amount. The county shall not be entitled to reimbursement from the client, the
client's estate, or the client's relatives except as provided in section 246.53;
new text end

new text begin (3) forensic transition services: 50 percent for each day, or portion thereof, that the
client spends in the forensic transition services program. If payments received by the state
under sections 246.50 to 246.53 for services provided in the forensic transition services
exceed 50 percent of the cost of care, the county shall be responsible for paying the state
only the remaining amount. The county shall not be entitled to reimbursement from the
client, the client's estate, or the client's relatives except as provided in section 246.53; and
new text end

new text begin (4) residential competency restoration program:
new text end

new text begin (i) 20 percent for each day, or portion thereof, that the client spends in a residential
competency restoration program while the client is in need of restoration services;
new text end

new text begin (ii) 50 percent for each day, or portion thereof, that the client spends in a residential
competency restoration program once the examiner opines that the client no longer needs
restoration services; and
new text end

new text begin (iii) 100 percent for each day, or portion thereof, once charges against a client have
been resolved or dropped.
new text end

Subd. 2.

Exceptions.

deleted text begin (a) Subdivision 1 does not apply to services provided at the
Minnesota Security Hospital. For services at the Minnesota Security Hospital, a county's
payment shall be made from the county's own sources of revenue and payments. Excluding
the state-operated forensic transition service, payments to the state from the county shall
equal ten percent of the cost of care, as determined by the commissioner, for each day, or
the portion thereof, that the client spends at the facility. For the state-operated forensic
transition service, payments to the state from the county shall equal 50 percent of the cost of
care, as determined by the commissioner, for each day, or the portion thereof, that the client
spends in the program. If payments received by the state under sections 246.50 to 246.53
for services provided at the Minnesota Security Hospital, excluding the state-operated
forensic transition service, exceed 90 percent of the cost of care, the county shall be
responsible for paying the state only the remaining amount. If payments received by the
state under sections 246.50 to 246.53 for the state-operated forensic transition service
exceed 50 percent of the cost of care, the county shall be responsible for paying the state
only the remaining amount. The county shall not be entitled to reimbursement from the
client, the client's estate, or from the client's relatives, except as provided in section 246.53 deleted text end .

deleted text begin (b) deleted text end Regardless of the facility to which the client is committed, deleted text begin subdivision 1 does deleted text end
new text begin subdivisions 1, 1a, 1b, and 1c, do new text end not apply to the following individuals:

(1) clients who are committed as sexual psychopathic personalities under section
253D.02, subdivision 15; and

(2) clients who are committed as sexually dangerous persons under section 253D.02,
subdivision 16.

Sec. 3.

Minnesota Statutes 2014, section 246B.035, is amended to read:

246B.035 ANNUAL PERFORMANCE REPORT REQUIRED.

The executive director of the Minnesota sex offender program shall submit
electronically a performance report to the chairs and ranking minority members of the
legislative committees and divisions with jurisdiction over funding for the program by
deleted text begin January deleted text end new text begin February new text end 15 of each year beginning in deleted text begin 2010 deleted text end new text begin 2017 new text end . The report must include the
following:

(1) a description of the program, including the strategic mission, goals, objectives,
and outcomes;

(2) the programwide per diem reported in a standard calculated method as outlined
in the program policies and procedures;

(3) program annual statistics as outlined in the departmental policies and procedures;
and

(4) the sex offender program evaluation report required under section 246B.03. The
executive director shall submit a printed copy upon request.

Sec. 4.

Minnesota Statutes 2014, section 253B.15, subdivision 1, is amended to read:

Subdivision 1.

Provisional discharge.

new text begin (a) new text end The head of the treatment facility may
provisionally discharge any patient without discharging the commitment, unless the patient
was found by the committing court to be a person who is mentally ill and dangerous to the
public, or a sexually dangerous person or a sexual psychopathic personality.

new text begin (b) When a person committed to the commissioner of human services becomes
ready for provisional discharge prior to being placed in a facility designated by the
commissioner of human services, the head of the facility that is providing treatment may
provisionally discharge the patient.
new text end

new text begin (c) new text end Each patient released on provisional discharge shall have a written aftercare
plan developed which specifies the services and treatment to be provided as part of the
aftercare plan, the financial resources available to pay for the services specified, the
expected period of provisional discharge, the precise goals for the granting of a final
discharge, and conditions or restrictions on the patient during the period of the provisional
discharge. The aftercare plan shall be provided to the patient, the patient's attorney, and
the designated agency.

new text begin (d) new text end The aftercare plan shall be reviewed on a quarterly basis by the patient, designated
agency and other appropriate persons. The aftercare plan shall contain the grounds upon
which a provisional discharge may be revoked. The provisional discharge shall terminate
on the date specified in the plan unless specific action is taken to revoke or extend it.

ARTICLE 2

HEALTH AND HUMAN SERVICES APPROPRIATIONS

Section 1. new text begin HEALTH AND HUMAN SERVICES APPROPRIATIONS. new text end

new text begin The sums shown in the columns marked "Appropriations" are added to or, if shown
in parentheses, subtracted from the appropriations in Laws 2015, chapter 71, article 14, to
the agencies and for the purposes specified in this act. The appropriations are from the
general fund or other named fund and are available for the fiscal years indicated for each
purpose. The figures "2016" and "2017" used in this act mean that the addition to or
subtraction from the appropriation listed under them is available for the fiscal year ending
June 30, 2016, or June 30, 2017, respectively. Supplemental appropriations and reductions
to appropriations for the fiscal year ending June 30, 2016, are effective the day following
final enactment unless a different effective date is explicit.
new text end

			new text begin APPROPRIATIONS new text end
			new text begin Available for the Year new text end
			new text begin Ending June 30 new text end
				new text begin 2016 new text end		new text begin 2017 new text end

Sec. 2. new text begin COMMISSIONER OF HUMAN SERVICES
new text end

new text begin Subdivision 1. new text end new text begin Child and Adolescent Behavioral Health Services Grant new text end

new text begin $1,500,000 in fiscal year 2018 and $1,500,000
in fiscal year 2019 from the general fund
is for children's mental health grants under
Minnesota Statutes, section 245.4889,
subdivision 1, paragraph (a), clause (17).
new text end

new text begin Subd. 2. new text end new text begin Community Addiction Recovery Enterprise Brainerd new text end

new text begin 800,000 new text end

new text begin $800,000 in fiscal year 2017 is from the
general fund for a grant to a tribal provider
to transition the state-operated Chemical
Additional Recovery Enterprise (C.A.R.E.)
program in Brainerd.
new text end

new text begin Subd. 3. new text end new text begin DCT State-Operated Services new text end

new text begin (a) DCT State-Operated Services Mental Health new text end

new text begin 1,256,000 new text end

new text begin 42,680,000 new text end

new text begin $14,000,000 in fiscal year 2017 is from the
general fund to restore funds transferred
to the enterprise fund for state-operated
community services in fiscal year 2016. This
is a onetime appropriation.
new text end

new text begin new text begin State-Operated Services Operating
Adjustment. new text end $1,256,000 in fiscal year
2016 and $2,888,000 in fiscal year 2017 is
for state-operated services mental health
services operating adjustments. Fiscal year
2016 funding is available the day following
final enactment.
new text end

new text begin (b) DCT State-Operated Services Enterprise Services new text end

new text begin -0- new text end

new text begin 17,665,000 new text end

new text begin new text begin State-Operated Community Services. new text end
$16,275,000 in fiscal year 2017 is from
the general fund for the Minnesota
state-operated community services program.
The commissioner must transfer $16,275,000
in fiscal year 2017 to the enterprise fund
for Minnesota state-operated community
services. Of this amount, $14,000,000 is a
onetime appropriation.
new text end

new text begin new text begin Community Addiction Recovery
Enterprise Brainerd. new text end $1,390,000 in fiscal
year 2017 is from the general fund to be
used to ready the site of the Chemical
Additional Recovery Enterprise (C.A.R.E.)
program located in Brainerd and pay staff
separation costs associated with transitioning
the program to a tribal provider. The
commissioner must transfer $1,390,000 in
fiscal year 2017 to the enterprise fund for
C.A.R.E.
new text end

new text begin (c) DCT State-Operated Services Minnesota Security Hospital new text end

new text begin 2,200,000 new text end

new text begin 32,106,000 new text end

new text begin new text begin Competency Restoration Program. new text end
$6,564,000 in fiscal year 2017 is from the
general fund for the development of a new
residential competency restoration program
to be operated by state-operated forensic
services.
new text end

new text begin new text begin State-Operated Services Operating
Adjustment. new text end $2,200,000 in fiscal year 2016
and $3,302,000 in fiscal year 2017 from the
general fund is for state-operated services
forensic services operating adjustments.
Fiscal year 2016 funding is available the day
following final enactment.
new text end

new text begin Subd. 4. new text end new text begin DCT Minnesota Sex Offender Program new text end

new text begin 3,395,000 new text end

new text begin 10,245,000 new text end

new text begin new text begin Minnesota Sex Offender Program
Operating Adjustment. new text end $3,395,000 in fiscal
year 2016 and $4,669,000 in fiscal year 2017
are from the general fund for the Minnesota
sex offender program operating adjustments.
Fiscal year 2016 funding is available the day
following final enactment.
new text end