Minnesota Legislature
HF 4307
as introduced - 92nd Legislature (2021 - 2022) Posted on 03/14/2022 03:10pm
2.10 2.11
2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20
2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29
2.30 2.31 2.32 2.33 2.34 2.35 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21
3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29
3.30 3.31 3.32 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18
4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 4.33 4.34
5.1 5.2 5.3 5.4 5.5 5.6 5.7
5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32
6.1 6.2 6.3 6.4 6.5 6.6
6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18
6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27
6.28 6.29 6.30 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9
7.10 7.11 7.12 7.13 7.14 7.15
7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17
8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29 8.30 8.31 8.32 9.1 9.2 9.3 9.4
9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29 9.30 9.31 9.32 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21 10.22 10.23 10.24 10.25 10.26 10.27 10.28 10.29
11.1 11.2 11.3 11.4 11.5 11.6 11.7
11.8 11.9 11.10 11.11 11.12 11.13 11.14 11.15 11.16 11.17 11.18 11.19 11.20 11.21 11.22 11.23 11.24 11.25 11.26 11.27 11.28 11.29 11.30 12.1 12.2 12.3
12.4 12.5 12.6 12.7 12.8 12.9 12.10 12.11 12.12 12.13 12.14 12.15 12.16
12.17 12.18 12.19
12.20
12.21 12.22 12.23 12.24 12.25 12.26 12.27
12.28 12.29 12.30 13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8 13.9 13.10
13.11 13.12 13.13 13.14 13.15 13.16 13.17 13.18 13.19 13.20 13.21 13.22
13.23 13.24 13.25 13.26 13.27
13.28 13.29 13.30 13.31 14.1 14.2 14.3 14.4 14.5 14.6
14.7 14.8 14.9 14.10 14.11
14.12 14.13
14.14 14.15 14.16 14.17 14.18 14.19 14.20 14.21 14.22 14.23 14.24 14.25 14.26 14.27 14.28 14.29 14.30 15.1 15.2
15.3 15.4 15.5 15.6 15.7 15.8 15.9 15.10 15.11 15.12 15.13 15.14 15.15 15.16 15.17 15.18 15.19 15.20 15.21 15.22 15.23 15.24 15.25
15.26 15.27 15.28 15.29
16.1 16.2 16.3 16.4 16.5 16.6 16.7
16.8 16.9 16.10 16.11 16.12 16.13 16.14 16.15 16.16
16.17
16.18 16.19 16.20 16.21 16.22 16.23 16.24 16.25 16.26 16.27 16.28 16.29 16.30 16.31 16.32 17.1 17.2 17.3 17.4 17.5 17.6 17.7 17.8
17.9 17.10 17.11 17.12 17.13 17.14 17.15 17.16 17.17 17.18 17.19 17.20 17.21 17.22 17.23 17.24 17.25 17.26 17.27 17.28 17.29 17.30 17.31 17.32
18.1 18.2 18.3 18.4
18.5 18.6 18.7 18.8 18.9 18.10 18.11 18.12 18.13 18.14 18.15 18.16 18.17 18.18 18.19 18.20 18.21 18.22 18.23 18.24 18.25 18.26 18.27 18.28 18.29 19.1 19.2 19.3 19.4 19.5 19.6 19.7 19.8 19.9 19.10 19.11 19.12 19.13 19.14 19.15 19.16 19.17 19.18 19.19 19.20 19.21 19.22 19.23
19.24 19.25 19.26 19.27 19.28 19.29 19.30 19.31 20.1
20.2 20.3 20.4 20.5 20.6 20.7 20.8 20.9 20.10 20.11 20.12 20.13 20.14 20.15 20.16 20.17 20.18 20.19 20.20 20.21 20.22 20.23
20.24 20.25 20.26 20.27
20.28 20.29 20.30 20.31 21.1 21.2 21.3 21.4 21.5 21.6 21.7
21.8 21.9 21.10 21.11 21.12 21.13 21.14 21.15 21.16 21.17 21.18 21.19 21.20 21.21 21.22 21.23 21.24
21.25 21.26 21.27 21.28 21.29 21.30 21.31
22.1 22.2 22.3 22.4 22.5 22.6 22.7 22.8 22.9 22.10 22.11
22.12 22.13 22.14 22.15
22.16 22.17 22.18 22.19 22.20 22.21
22.22 22.23 22.24 22.25 22.26 22.27 22.28 22.29 22.30 23.1 23.2 23.3 23.4 23.5 23.6 23.7 23.8 23.9 23.10 23.11 23.12
23.13 23.14 23.15 23.16 23.17 23.18 23.19 23.20 23.21 23.22 23.23 23.24 23.25 23.26 23.27 23.28 23.29 23.30 23.31 24.1 24.2 24.3 24.4 24.5 24.6 24.7 24.8
24.9 24.10 24.11 24.12 24.13 24.14 24.15 24.16 24.17 24.18 24.19 24.20 24.21 24.22 24.23 24.24 24.25 24.26 24.27
24.28 24.29 24.30 24.31 25.1 25.2
25.3 25.4 25.5 25.6 25.7 25.8
25.9 25.10 25.11 25.12 25.13 25.14 25.15 25.16 25.17 25.18 25.19 25.20 25.21 25.22 25.23 25.24 25.25 25.26 25.27 25.28 25.29
26.1 26.2 26.3 26.4 26.5 26.6 26.7 26.8
26.9 26.10 26.11 26.12 26.13 26.14 26.15 26.16 26.17 26.18 26.19 26.20 26.21 26.22 26.23 26.24 26.25 26.26 26.27 26.28 26.29 26.30
27.1 27.2 27.3 27.4
27.5 27.6 27.7 27.8 27.9 27.10 27.11
27.12 27.13 27.14 27.15 27.16 27.17 27.18 27.19 27.20 27.21
27.22 27.23 27.24 27.25 27.26 27.27 27.28
28.1 28.2 28.3 28.4 28.5 28.6 28.7 28.8 28.9 28.10 28.11 28.12 28.13 28.14 28.15 28.16 28.17 28.18 28.19 28.20 28.21 28.22 28.23
28.24 28.25 28.26 28.27 28.28 28.29 28.30
29.1 29.2 29.3 29.4 29.5 29.6 29.7 29.8 29.9 29.10 29.11 29.12 29.13 29.14 29.15 29.16 29.17 29.18 29.19 29.20 29.21 29.22 29.23 29.24 29.25 29.26 29.27 29.28 29.29 30.1 30.2 30.3 30.4 30.5 30.6 30.7 30.8 30.9 30.10
30.11 30.12 30.13 30.14 30.15
30.16 30.17 30.18 30.19 30.20
30.21 30.22 30.23 30.24 30.25 30.26 30.27 30.28 30.29 30.30
31.1 31.2 31.3 31.4 31.5 31.6 31.7 31.8 31.9 31.10 31.11 31.12 31.13 31.14 31.15 31.16 31.17 31.18 31.19 31.20 31.21 31.22 31.23 31.24 31.25 31.26 31.27 31.28 31.29 31.30 31.31 31.32 32.1 32.2 32.3 32.4 32.5 32.6 32.7 32.8 32.9 32.10 32.11 32.12 32.13 32.14 32.15 32.16 32.17 32.18 32.19 32.20 32.21 32.22 32.23
32.24 32.25 32.26 32.27 32.28 32.29 33.1 33.2
33.3 33.4 33.5 33.6 33.7 33.8 33.9 33.10 33.11 33.12 33.13 33.14 33.15 33.16 33.17 33.18 33.19
33.20 33.21 33.22 33.23 33.24 33.25 33.26 33.27 33.28 33.29 34.1 34.2
34.3 34.4 34.5 34.6 34.7 34.8 34.9 34.10 34.11 34.12 34.13 34.14 34.15 34.16 34.17
34.18 34.19 34.20 34.21 34.22 34.23 34.24 34.25 34.26 34.27
35.1 35.2 35.3 35.4 35.5 35.6 35.7 35.8 35.9 35.10 35.11 35.12 35.13 35.14 35.15 35.16 35.17
35.18 35.19 35.20 35.21 35.22 35.23 35.24 35.25 35.26 35.27 35.28 35.29 35.30 35.31 35.32 36.1 36.2 36.3 36.4 36.5 36.6 36.7 36.8 36.9 36.10 36.11
36.12 36.13 36.14 36.15 36.16 36.17 36.18 36.19
36.20 36.21 36.22 36.23 36.24
36.25 36.26 36.27 36.28 36.29 36.30
37.1 37.2
37.3 37.4 37.5 37.6 37.7 37.8 37.9
37.10
37.11 37.12 37.13 37.14 37.15
37.16
37.17 37.18 37.19 37.20 37.21 37.22 37.23 37.24 37.25 37.26 37.27 37.28 37.29 37.30 37.31 38.1 38.2 38.3 38.4 38.5 38.6 38.7 38.8 38.9 38.10 38.11 38.12 38.13 38.14 38.15 38.16 38.17 38.18 38.19 38.20 38.21 38.22 38.23 38.24 38.25 38.26 38.27 38.28 38.29 38.30 38.31 38.32 38.33 38.34 39.1 39.2 39.3 39.4 39.5 39.6 39.7 39.8 39.9 39.10 39.11 39.12 39.13 39.14 39.15
39.16
39.17 39.18 39.19 39.20 39.21 39.22 39.23 39.24 39.25 39.26 39.27 39.28 39.29 39.30 39.31 39.32 40.1 40.2 40.3
40.4
40.5 40.6 40.7 40.8 40.9 40.10 40.11 40.12 40.13 40.14 40.15 40.16 40.17 40.18 40.19 40.20 40.21 40.22 40.23 40.24 40.25
40.26
40.27 40.28 40.29 40.30 40.31 40.32 41.1 41.2 41.3 41.4 41.5 41.6 41.7 41.8 41.9 41.10 41.11 41.12 41.13 41.14 41.15 41.16 41.17 41.18 41.19 41.20 41.21 41.22 41.23 41.24 41.25 41.26 41.27 41.28 41.29 41.30 42.1 42.2 42.3 42.4 42.5 42.6 42.7
42.8 42.9 42.10 42.11 42.12 42.13 42.14 42.15 42.16 42.17 42.18 42.19 42.20 42.21 42.22 42.23 42.24 42.25 42.26 42.27 42.28 42.29 42.30 43.1 43.2 43.3 43.4 43.5 43.6 43.7 43.8 43.9 43.10 43.11 43.12 43.13 43.14 43.15 43.16 43.17 43.18 43.19 43.20 43.21 43.22 43.23 43.24 43.25 43.26 43.27 43.28 43.29
43.30
44.1 44.2 44.3 44.4 44.5 44.6 44.7 44.8 44.9 44.10 44.11 44.12 44.13 44.14 44.15 44.16 44.17
44.18
44.19 44.20 44.21 44.22 44.23 44.24 44.25 44.26 44.27 44.28 44.29 44.30 44.31 45.1 45.2 45.3 45.4 45.5 45.6 45.7 45.8 45.9 45.10 45.11 45.12 45.13 45.14 45.15 45.16 45.17 45.18 45.19
45.20 45.21 45.22 45.23 45.24 45.25 45.26 45.27 45.28 45.29 45.30 46.1 46.2 46.3 46.4 46.5 46.6 46.7 46.8 46.9 46.10 46.11 46.12 46.13 46.14 46.15 46.16 46.17 46.18 46.19 46.20 46.21 46.22
46.23 46.24 46.25 46.26 46.27 46.28 46.29 46.30 46.31 46.32 47.1 47.2 47.3 47.4 47.5 47.6 47.7 47.8 47.9 47.10 47.11 47.12 47.13 47.14 47.15 47.16 47.17 47.18 47.19 47.20 47.21
47.22
47.23 47.24 47.25 47.26 47.27 47.28 47.29 47.30 47.31 47.32 48.1 48.2 48.3 48.4 48.5 48.6 48.7 48.8 48.9 48.10 48.11 48.12 48.13 48.14 48.15
48.16 48.17 48.18 48.19 48.20 48.21 48.22 48.23 48.24 48.25 48.26 48.27 48.28 48.29 48.30 48.31 49.1 49.2 49.3 49.4
49.5 49.6 49.7 49.8 49.9 49.10 49.11 49.12 49.13 49.14
49.15
49.16 49.17 49.18 49.19 49.20 49.21 49.22 49.23 49.24 49.25 49.26 49.27 49.28 49.29 49.30 50.1 50.2 50.3 50.4 50.5 50.6 50.7 50.8 50.9 50.10 50.11 50.12 50.13 50.14 50.15 50.16 50.17 50.18 50.19 50.20 50.21 50.22
50.23
50.24 50.25 50.26 50.27 50.28 50.29 50.30 50.31 51.1 51.2 51.3 51.4 51.5 51.6 51.7 51.8 51.9 51.10 51.11 51.12 51.13 51.14 51.15 51.16 51.17 51.18 51.19 51.20 51.21 51.22
51.23
51.24 51.25 51.26 51.27 51.28 51.29 51.30 51.31 51.32 51.33 52.1 52.2 52.3 52.4 52.5 52.6 52.7 52.8 52.9 52.10 52.11 52.12 52.13 52.14 52.15 52.16 52.17 52.18 52.19 52.20 52.21 52.22 52.23 52.24 52.25 52.26 52.27 52.28
52.29
52.30 52.31 52.32 52.33 52.34 53.1 53.2 53.3 53.4 53.5
53.6
53.7 53.8 53.9 53.10 53.11 53.12 53.13 53.14 53.15 53.16 53.17 53.18 53.19 53.20 53.21 53.22 53.23 53.24 53.25 53.26 53.27 53.28 53.29 53.30 53.31 53.32 54.1 54.2 54.3 54.4
54.5
54.6 54.7 54.8 54.9 54.10 54.11 54.12 54.13 54.14 54.15 54.16
54.17
54.18 54.19 54.20 54.21 54.22 54.23 54.24 54.25
54.26
54.27 54.28 54.29 54.30 54.31 55.1 55.2
55.3
55.4 55.5 55.6 55.7
55.8
55.9 55.10 55.11 55.12
55.13
55.14 55.15 55.16 55.17 55.18 55.19
55.20
55.21 55.22 55.23
55.24
55.25 55.26 55.27 55.28 55.29
56.1
56.2 56.3 56.4 56.5 56.6 56.7
56.8 56.9 56.10
56.11
56.12 56.13 56.14 56.15 56.16
56.17
56.18 56.19 56.20 56.21 56.22
56.23
56.24 56.25 56.26 56.27 56.28 56.29
57.1
57.2 57.3 57.4 57.5 57.6 57.7
57.8
57.9 57.10 57.11 57.12 57.13 57.14 57.15 57.16
57.17
57.18 57.19 57.20 57.21 57.22 57.23
57.24
57.25 57.26 57.27 57.28 57.29 58.1 58.2 58.3 58.4 58.5 58.6 58.7 58.8 58.9 58.10 58.11 58.12 58.13 58.14 58.15 58.16 58.17 58.18 58.19 58.20 58.21
58.22
58.23 58.24 58.25 58.26 58.27 58.28 58.29 58.30 58.31 58.32 58.33 59.1 59.2 59.3 59.4 59.5 59.6 59.7 59.8 59.9 59.10 59.11 59.12 59.13 59.14 59.15 59.16 59.17 59.18 59.19 59.20 59.21 59.22 59.23 59.24 59.25 59.26 59.27 59.28 59.29 59.30 59.31 59.32 59.33 59.34 60.1 60.2 60.3 60.4 60.5 60.6 60.7 60.8
60.9
60.10 60.11 60.12 60.13 60.14 60.15
60.16
60.17 60.18 60.19 60.20 60.21 60.22 60.23 60.24 60.25 60.26 60.27 60.28 60.29 60.30 61.1 61.2 61.3 61.4 61.5 61.6 61.7 61.8 61.9 61.10 61.11 61.12 61.13 61.14 61.15 61.16 61.17 61.18 61.19 61.20 61.21 61.22 61.23 61.24 61.25 61.26 61.27 61.28 61.29 61.30 61.31 61.32 62.1 62.2
62.3
62.4 62.5 62.6 62.7 62.8 62.9 62.10 62.11 62.12 62.13 62.14
62.15
62.16 62.17 62.18 62.19 62.20 62.21 62.22 62.23 62.24 62.25 62.26 62.27 62.28 62.29 62.30 62.31 62.32 63.1 63.2 63.3 63.4 63.5 63.6 63.7 63.8 63.9 63.10 63.11 63.12 63.13 63.14 63.15 63.16 63.17 63.18 63.19 63.20 63.21 63.22 63.23 63.24 63.25 63.26 63.27 63.28 63.29 63.30 63.31 63.32 64.1 64.2 64.3 64.4 64.5 64.6 64.7 64.8 64.9 64.10 64.11 64.12 64.13 64.14 64.15 64.16 64.17 64.18 64.19 64.20 64.21 64.22 64.23 64.24 64.25 64.26 64.27 64.28 64.29 64.30 64.31 64.32 65.1 65.2 65.3 65.4 65.5 65.6 65.7 65.8 65.9 65.10 65.11 65.12 65.13 65.14 65.15 65.16 65.17 65.18 65.19 65.20 65.21 65.22 65.23 65.24 65.25 65.26 65.27 65.28 65.29
65.30
66.1 66.2 66.3 66.4 66.5 66.6
66.7
66.8 66.9 66.10 66.11 66.12
66.13
66.14 66.15 66.16 66.17 66.18 66.19 66.20 66.21 66.22 66.23 66.24 66.25 66.26 66.27 66.28 66.29 66.30 66.31 67.1 67.2 67.3 67.4 67.5 67.6 67.7 67.8 67.9 67.10 67.11 67.12 67.13 67.14 67.15 67.16 67.17 67.18 67.19 67.20 67.21 67.22 67.23 67.24 67.25 67.26 67.27 67.28 67.29
67.30
68.1 68.2 68.3 68.4
68.5
68.6 68.7 68.8 68.9 68.10
68.11
68.12 68.13 68.14 68.15 68.16 68.17 68.18 68.19 68.20 68.21 68.22
68.23 68.24 68.25 68.26 68.27 68.28 68.29 68.30 68.31 69.1 69.2 69.3 69.4 69.5 69.6 69.7 69.8 69.9 69.10 69.11 69.12 69.13 69.14 69.15 69.16 69.17 69.18 69.19 69.20 69.21 69.22 69.23 69.24 69.25 69.26 69.27 69.28 69.29 69.30 69.31 69.32 70.1 70.2 70.3 70.4 70.5 70.6 70.7 70.8 70.9 70.10 70.11 70.12 70.13 70.14 70.15 70.16 70.17 70.18 70.19 70.20 70.21 70.22 70.23 70.24 70.25 70.26 70.27 70.28 70.29 70.30 71.1 71.2 71.3 71.4 71.5 71.6 71.7 71.8 71.9 71.10 71.11 71.12 71.13 71.14 71.15 71.16 71.17 71.18 71.19 71.20 71.21 71.22 71.23 71.24 71.25 71.26 71.27 71.28 71.29 71.30 71.31 71.32 71.33
72.1 72.2 72.3
72.4 72.5 72.6 72.7 72.8 72.9 72.10 72.11 72.12 72.13 72.14 72.15 72.16 72.17 72.18 72.19 72.20 72.21 72.22 72.23 72.24 72.25 72.26 72.27 72.28 72.29 72.30 72.31 72.32 72.33 73.1 73.2 73.3 73.4 73.5 73.6 73.7 73.8 73.9 73.10 73.11 73.12 73.13 73.14 73.15 73.16 73.17 73.18 73.19 73.20 73.21 73.22 73.23 73.24 73.25 73.26 73.27 73.28 73.29 73.30 73.31 73.32 73.33 73.34 74.1 74.2 74.3
74.4 74.5 74.6 74.7 74.8 74.9 74.10 74.11 74.12 74.13 74.14 74.15 74.16 74.17 74.18 74.19 74.20 74.21 74.22 74.23 74.24 74.25 74.26 74.27 74.28 74.29 74.30 74.31 75.1 75.2 75.3 75.4 75.5 75.6 75.7 75.8 75.9 75.10 75.11 75.12 75.13 75.14 75.15 75.16 75.17 75.18 75.19 75.20 75.21 75.22 75.23 75.24 75.25 75.26 75.27 75.28 75.29 75.30 75.31 76.1 76.2 76.3
76.4 76.5 76.6 76.7 76.8 76.9 76.10 76.11 76.12 76.13 76.14 76.15 76.16 76.17 76.18 76.19
76.20 76.21 76.22 76.23 76.24 76.25 76.26 76.27 76.28 76.29 76.30 76.31 76.32 76.33 77.1 77.2 77.3 77.4 77.5 77.6 77.7 77.8 77.9 77.10 77.11 77.12 77.13 77.14 77.15 77.16 77.17 77.18 77.19 77.20 77.21 77.22 77.23 77.24 77.25 77.26 77.27 77.28 77.29 77.30
77.31 77.32 77.33 77.34 78.1 78.2 78.3 78.4 78.5 78.6 78.7
78.8 78.9 78.10 78.11 78.12 78.13 78.14 78.15 78.16 78.17 78.18 78.19 78.20 78.21 78.22 78.23 78.24 78.25 78.26 78.27 78.28
78.29 78.30 78.31
79.1 79.2 79.3 79.4 79.5 79.6 79.7 79.8 79.9 79.10 79.11 79.12 79.13 79.14 79.15 79.16 79.17 79.18 79.19 79.20 79.21 79.22 79.23 79.24 79.25 79.26 79.27 79.28 79.29 79.30 80.1 80.2 80.3 80.4 80.5 80.6 80.7 80.8 80.9 80.10 80.11 80.12 80.13 80.14 80.15 80.16 80.17 80.18 80.19 80.20 80.21 80.22 80.23 80.24 80.25 80.26 80.27 80.28 80.29 80.30 80.31 81.1 81.2 81.3 81.4 81.5 81.6 81.7 81.8 81.9 81.10 81.11
81.12 81.13 81.14
81.15 81.16 81.17 81.18 81.19 81.20 81.21 81.22 81.23 81.24 81.25 81.26 81.27 81.28 81.29
81.30 81.31 81.32
82.1 82.2 82.3 82.4 82.5 82.6 82.7 82.8 82.9 82.10 82.11 82.12 82.13 82.14 82.15 82.16 82.17
82.18 82.19 82.20
82.21 82.22 82.23 82.24 82.25 82.26 82.27 82.28 82.29 82.30 83.1 83.2 83.3 83.4 83.5 83.6 83.7 83.8 83.9 83.10 83.11 83.12 83.13 83.14 83.15 83.16 83.17 83.18 83.19 83.20 83.21 83.22 83.23 83.24 83.25 83.26 83.27 83.28 83.29 83.30 83.31 83.32 84.1 84.2 84.3 84.4 84.5 84.6 84.7
84.8 84.9 84.10
84.11 84.12 84.13 84.14 84.15 84.16 84.17 84.18 84.19 84.20 84.21 84.22 84.23 84.24 84.25 84.26 84.27 84.28 84.29 84.30 85.1 85.2 85.3
85.4 85.5 85.6
85.7 85.8 85.9 85.10 85.11 85.12
85.13 85.14 85.15
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A bill for an act
relating to state government; modifying provisions governing child care assistance,
economic assistance, behavioral health, health care, and health insurance access;
making forecast adjustments; requiring reports; transferring money; making
technical and conforming changes; allocating funds for a specific purpose;
establishing certain grants; appropriating money; amending Minnesota Statutes
2020, sections 62N.25, subdivision 5; 62Q.1055; 62Q.47; 119B.011, subdivisions
2, 5, 13, 15, 19b; 119B.02, subdivisions 1, 2; 119B.025, subdivision 4; 119B.03,
subdivisions 3, 9, 10; 119B.035, subdivisions 1, 2, 4, 5; 119B.08, subdivision 3;
119B.11, subdivision 1; 119B.15; 119B.19, subdivision 7; 119B.24; 169A.70,
subdivisions 3, 4; 245.4889, by adding a subdivision; 245.713, subdivision 2;
245F.03; 245G.05, subdivision 2; 245G.22, subdivision 2; 254A.19, subdivisions
1, 3, by adding subdivisions; 254B.01, subdivision 5, by adding subdivisions;
254B.03, subdivisions 1, 5; 254B.04, subdivision 2a, by adding subdivisions;
256.017, subdivision 9; 256.042, subdivisions 1, 2, 5; 256B.055, subdivision 17;
256B.056, subdivision 7; 256B.0625, subdivision 28b; 256B.0941, by adding a
subdivision; 256B.0946, subdivision 7; 256B.0949, subdivision 15; 256D.03, by
adding a subdivision; 256D.0516, subdivision 2; 256D.06, subdivisions 1, 2, 5;
256D.09, subdivision 2a; 256E.35, subdivisions 1, 2, 4a, 6; 256I.03, subdivision
13; 256I.06, subdivisions 6, 10; 256I.09; 256J.08, subdivisions 71, 79; 256J.21,
subdivision 4; 256J.33, subdivision 2; 256J.37, subdivisions 3, 3a; 256J.95,
subdivision 19; 256K.45, subdivision 3; 256L.04, subdivisions 1c, 7a, 10, by
adding a subdivision; 256L.07, subdivision 1; 256L.12, subdivision 8; 256P.01,
by adding a subdivision; 256P.02, by adding a subdivision; 256P.07, subdivisions
1, 2, 3, 4, 6, 7, by adding subdivisions; 256P.08, subdivision 2; 260B.157,
subdivisions 1, 3; 260E.20, subdivision 1; 299A.299, subdivision 1; Minnesota
Statutes 2021 Supplement, sections 119B.13, subdivision 1; 245.4889, subdivision
1; 254A.03, subdivision 3; 254A.19, subdivision 4; 254B.03, subdivision 2;
254B.04, subdivision 1; 254B.05, subdivisions 4, 5; 256.042, subdivision 4;
256B.0946, subdivisions 1, 1a, 2, 3, 4, 6; 256I.06, subdivision 8; 256J.21,
subdivision 3; 256J.33, subdivision 1; 256L.03, subdivision 2; 256L.07, subdivision
2; 256L.15, subdivision 2; 256P.02, subdivisions 1a, 2; 256P.04, subdivisions 4,
8; 256P.06, subdivision 3; 260C.157, subdivision 3; Laws 2021, First Special
Session chapter 7, article 17, sections 1, subdivision 2; 11; 12; proposing coding
for new law in Minnesota Statutes, chapters 119B; 245; 256P; repealing Minnesota
Statutes 2020, sections 119B.03, subdivisions 1, 2, 4, 5, 6a, 6b, 8; 169A.70,
subdivision 6; 245G.22, subdivision 19; 254A.02, subdivision 8a; 254A.16,
subdivision 6; 254A.19, subdivisions 1a, 2; 254B.04, subdivisions 2b, 2c; 254B.041,
subdivision 2; 256J.08, subdivisions 10, 61, 62, 81, 83; 256J.30, subdivisions 5,
7; 256J.33, subdivisions 3, 5; 256J.34, subdivisions 1, 2, 3, 4; 256J.37, subdivision
10; Minnesota Statutes 2021 Supplement, sections 119B.03, subdivisions 4a, 6;
254A.19, subdivision 5; 256J.08, subdivision 53; 256J.30, subdivision 8; 256J.33,
subdivision 4; Minnesota Rules, parts 9530.7000, subparts 1, 2, 5, 6, 7, 8, 9, 10,
11, 13, 14, 15, 17a, 19, 20, 21; 9530.7005; 9530.7010; 9530.7012; 9530.7015,
subparts 1, 2a, 4, 5, 6; 9530.7020, subparts 1, 1a, 2; 9530.7021; 9530.7022, subpart
1; 9530.7025; 9530.7030, subpart 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
CHILD CARE
Section 1.
Minnesota Statutes 2020, section 119B.011, subdivision 2, is amended to read:
Subd. 2.
Applicant.
"Child care fund applicants" means all parentsdeleted text begin ,deleted text end new text begin ;new text end stepparentsdeleted text begin ,deleted text end new text begin ;new text end legal
guardiansdeleted text begin , ordeleted text end new text begin ;new text end eligible relative caregiversnew text begin ; relative custodians who accepted a transfer of
permanent legal and physical custody of a child under section 260C.515, subdivision 4, or
similar permanency disposition in Tribal code; successor custodians or guardians as
established by section 256N.22, subdivision 10; or foster parents providing care to a child
placed in a family foster home under section 260C.007, subdivision 16b,new text end who are members
of the family and reside in the household that applies for child care assistance under the
child care fund.
Sec. 2.
Minnesota Statutes 2020, section 119B.011, subdivision 5, is amended to read:
Subd. 5.
Child care.
"Child care" means the care of a child by someone other than a
parentdeleted text begin ,deleted text end new text begin ;new text end stepparentdeleted text begin ,deleted text end new text begin ;new text end legal guardiandeleted text begin ,deleted text end new text begin ;new text end eligible relative caregiverdeleted text begin ,deleted text end new text begin ; relative custodian who
accepted a transfer of permanent legal and physical custody of a child under section
260C.515, subdivision 4, or similar permanency disposition in Tribal code; successor
custodian or guardian as established according to section 256N.22, subdivision 10; foster
parent providing care to a child placed in a family foster home under section 260C.007,
subdivision 16b;new text end or deleted text begin the spousesdeleted text end new text begin spousenew text end of any of the foregoing in or outside the child's own
home for gain or otherwise, on a regular basis, for any part of a 24-hour day.
Sec. 3.
Minnesota Statutes 2020, section 119B.011, subdivision 13, is amended to read:
Subd. 13.
Family.
"Family" means parentsdeleted text begin ,deleted text end new text begin ;new text end stepparentsdeleted text begin ,deleted text end new text begin ;new text end guardians and their spousesdeleted text begin ,
ordeleted text end new text begin ;new text end other eligible relative caregivers and their spousesdeleted text begin ,deleted text end new text begin ; relative custodians who accepted a
transfer of permanent legal and physical custody of a child under section 260C.515,
subdivision 4, or similar permanency disposition in Tribal code, and their spouses; successor
custodians or guardians as established according to section 256N.22, subdivision 10, and
their spouses; or foster parents providing care to a child placed in a family foster home
under section 260C.007, subdivision 16b, and their spouses;new text end and deleted text begin their blood relateddeleted text end new text begin the
blood-relatednew text end dependent children and adoptive siblings under the age of 18 years living in
the same home deleted text begin includingdeleted text end new text begin of the above. This definition includesnew text end children temporarily absent
from the household in settings such as schools, foster care, and residential treatment facilities
deleted text begin or parents, stepparents, guardians and their spouses, or other relative caregivers and their
spousesdeleted text end new text begin and adultsnew text end temporarily absent from the household in settings such as schools, military
service, or rehabilitation programs. An adult family member who is not in an authorized
activity under this chapter may be temporarily absent for up to 60 days. When a minor
parent or parents and his, her, or their child or children are living with other relatives, and
the minor parent or parents apply for a child care subsidy, "family" means only the minor
parent or parents and their child or children. An adult age 18 or older who meets this
definition of family and is a full-time high school or postsecondary student may be considered
a dependent member of the family unit if 50 percent or more of the adult's support is provided
by the parentsdeleted text begin ,deleted text end new text begin ;new text end stepparentsdeleted text begin ,deleted text end new text begin ;new text end guardiansdeleted text begin ,deleted text end new text begin and their spouses; relative custodians who accepted
a transfer of permanent legal and physical custody of a child under section 260C.515,
subdivision 4, or similar permanency disposition in Tribal code, and their spouses; successor
custodians or guardians as established according to section 256N.22, subdivision 10, and
their spouses; foster parents providing care to a child placed in a family foster home under
section 260C.007, subdivision 16b,new text end and their spousesnew text begin ;new text end or eligible relative caregivers and
their spouses residing in the same household.
Sec. 4.
Minnesota Statutes 2020, section 119B.011, subdivision 19b, is amended to read:
Subd. 19b.
Student parent.
"Student parent" means a person who is:
(1) under 21 years of age and has a child;
(2) pursuing a high school diploma or commissioner of education-selected high school
equivalency certification;new text begin and
new text end
deleted text begin
(3) residing within a county that has a basic sliding fee waiting list under section 119B.03,
subdivision 4; and
deleted text end
deleted text begin (4)deleted text end new text begin (3)new text end not an MFIP participant.
Sec. 5.
Minnesota Statutes 2020, section 119B.02, subdivision 1, is amended to read:
Subdivision 1.
Child care services.
The commissioner shall develop standards for county
and human services boards to provide child care services to enable eligible families to
participate in employment, training, or education programs. deleted text begin Within the limits of available
appropriations,deleted text end The commissioner shall distribute money to counties to reduce the costs of
child care for eligible families. The commissioner shall adopt rules to govern the program
in accordance with this section. The rules must establish a sliding schedule of fees for parents
receiving child care services. The rules shall provide that funds received as a lump-sum
payment of child support arrearages shall not be counted as income to a family in the month
received but shall be prorated over the 12 months following receipt and added to the family
income during those months. The commissioner shall maximize the use of federal money
under title I and title IV of Public Law 104-193, the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996, and other programs that provide federal or state
reimbursement for child care services for low-income families who are in education, training,
job search, or other activities allowed under those programs. Money appropriated under
this section must be coordinated with the programs that provide federal reimbursement for
child care services to accomplish this purpose. deleted text begin Federal reimbursement obtained must be
allocated to the county that spent money for child care that is federally reimbursable under
programs that provide federal reimbursement for child care services.deleted text end The deleted text begin countiesdeleted text end new text begin
commissionernew text end shall use the federal money to expand child care services. The commissioner
may adopt rules under chapter 14 to implement and coordinate federal program requirements.
Sec. 6.
Minnesota Statutes 2020, section 119B.02, subdivision 2, is amended to read:
Subd. 2.
Contractual agreements with tribes.
The commissioner may enter into
contractual agreements with a federally recognized Indian tribe with a reservation in
Minnesota to carry out the responsibilities of county human service agencies to the extent
necessary for the tribe to operate child care assistance programs deleted text begin under sections 119B.03
and 119B.05deleted text end new text begin for families eligible under this chapternew text end . An agreement may allow the state to
make payments for child care assistance services provided under deleted text begin section 119B.05deleted text end new text begin this
chapternew text end . The commissioner shall consult with the affected county or counties in the
contractual agreement negotiations, if the county or counties wish to be included, in order
to avoid the duplication of county and tribal child care services. deleted text begin Funding to support services
under section 119B.03 may be transferred to the federally recognized Indian tribe with a
reservation in Minnesota from allocations available to counties in which reservation
boundaries lie. When funding is transferred under section 119B.03, the amount shall be
commensurate to estimates of the proportion of reservation residents with characteristics
identified in section 119B.03, subdivision 6, to the total population of county residents with
those same characteristics.
deleted text end
Sec. 7.
Minnesota Statutes 2020, section 119B.03, subdivision 3, is amended to read:
Subd. 3.
Eligible participants.
Families that meet the eligibility requirements under
sections 119B.09 and 119B.10deleted text begin , except MFIP participants, diversionary work program, and
transition year familiesdeleted text end are eligible for child care assistance under the deleted text begin basic sliding feedeleted text end new text begin child
care assistancenew text end program. deleted text begin Families enrolled in the basic sliding fee program shall be continued
until they are no longer eligible.deleted text end Child care assistance provided through the child care fund
is considered assistance to the parent.
Sec. 8.
Minnesota Statutes 2020, section 119B.03, subdivision 9, is amended to read:
Subd. 9.
deleted text begin Portability pooldeleted text end new text begin Family move; continued participationnew text end .
(a) deleted text begin The commissioner
shall establish a pool of up to five percent of the annual appropriation for the basic sliding
fee program to provide continuous child care assistance for eligible families who move
between Minnesota counties. At the end of each allocation period, any unspent funds in the
portability pool must be used for assistance under the basic sliding fee program. If
expenditures from the portability pool exceed the amount of money available, the reallocation
pool must be reduced to cover these shortages.
deleted text end
deleted text begin (b) A family that has moved from a county in which itdeleted text end new text begin A family receiving child care
assistance under the child care fund that has moved from a county where the familynew text end was
receiving deleted text begin basic sliding feedeleted text end new text begin child carenew text end assistance to deleted text begin adeleted text end new text begin another Minnesotanew text end county deleted text begin with a waiting
list for the basic sliding fee programdeleted text end mustnew text begin be admitted into the new county's child care
assistance program if the familynew text end :
(1) deleted text begin meetdeleted text end new text begin meetsnew text end the income and eligibility guidelines for the deleted text begin basic sliding feedeleted text end new text begin child care
assistancenew text end program; and
(2) deleted text begin notifydeleted text end new text begin notifiesnew text end the family's previous county of residence of the family's move to a
new county of residence.
deleted text begin (c)deleted text end new text begin (b)new text end The receiving county mustdeleted text begin :
deleted text end
deleted text begin (1)deleted text end accept administrative responsibility for deleted text begin applicants for portable basic sliding fee
assistancedeleted text end new text begin a child care program-eligible family that has moved into the countynew text end at the end
of the two months of assistance under the Unitary Residency Actdeleted text begin ;deleted text end new text begin .
new text end
deleted text begin
(2) continue portability pool basic sliding fee assistance until the family is able to receive
assistance under the county's regular basic sliding program; and
deleted text end
deleted text begin
(3) notify the commissioner through the quarterly reporting process of any family that
meets the criteria of the portable basic sliding fee assistance pool.
deleted text end
Sec. 9.
Minnesota Statutes 2020, section 119B.03, subdivision 10, is amended to read:
Subd. 10.
Application; entry points.
Two or more methods of applying for the deleted text begin basic
sliding feedeleted text end new text begin child care assistancenew text end programnew text begin under this chapternew text end must be available to applicants
in each county. To meet the requirements of this subdivision, a county may provide
alternative methods of applying for assistance, including, but not limited to, a mail
application, or application sites that are located outside of government offices.
Sec. 10.
Minnesota Statutes 2020, section 119B.035, subdivision 1, is amended to read:
Subdivision 1.
Establishment.
A family in which a parent provides care for the family's
infant child may receive a subsidy in lieu of assistance if the family is eligible for or is
receiving assistance under the deleted text begin basic sliding feedeleted text end new text begin child care assistance new text end program. An eligible
family must meet the eligibility factors under section 119B.09, except as provided in
subdivision 4, and the requirements of this section. Subject to federal match and maintenance
of effort requirements for the child care and development fund, and up to available
appropriations, the commissioner shall provide assistance under the at-home infant child
care program and for administrative costs associated with the program. At the end of a fiscal
year, the commissioner may carry forward any unspent funds under this section to the next
fiscal year within the same biennium for assistance under the deleted text begin basic sliding feedeleted text end new text begin child care
assistance new text end program.
Sec. 11.
Minnesota Statutes 2020, section 119B.035, subdivision 2, is amended to read:
Subd. 2.
Eligible families.
A family with an infant under the age of one year is eligible
for assistance if:
(1) the family is not receiving MFIP, other cash assistance, or other child care assistance;
(2) the family has not previously received a lifelong total of 12 months of assistance
under this section; and
(3) the family is participating in the deleted text begin basic sliding feedeleted text end new text begin child care assistancenew text end program or
provides verification of participating in an authorized activity at the time of application and
meets the program requirements.
Sec. 12.
Minnesota Statutes 2020, section 119B.035, subdivision 4, is amended to read:
Subd. 4.
Assistance.
(a) A family is limited to a lifetime total of 12 months of assistance
under subdivision 2. The maximum rate of assistance is equal to 68 percent of the rate
established under section 119B.13 for care of infants in licensed family child care in the
applicant's county of residence.
(b) A participating family must report income and other family changes as specified in
sections 256P.06 and 256P.07, and the county's plan under section 119B.08, subdivision 3.
deleted text begin
(c) Persons who are admitted to the at-home infant child care program retain their position
in any basic sliding fee program. Persons leaving the at-home infant child care program
reenter the basic sliding fee program at the position they would have occupied.
deleted text end
deleted text begin (d)deleted text end new text begin (c)new text end Assistance under this section does not establish an employer-employee relationship
between any member of the assisted family and the county or state.
Sec. 13.
Minnesota Statutes 2020, section 119B.035, subdivision 5, is amended to read:
Subd. 5.
Implementation.
The commissioner shall implement the at-home infant child
care program under this section through counties that administer the deleted text begin basic sliding feedeleted text end new text begin child
care assistancenew text end program under deleted text begin section 119B.03deleted text end new text begin this chapternew text end . The commissioner must develop
and distribute consumer information on the at-home infant child care program to assist
parents of infants or expectant parents in making informed child care decisions.
Sec. 14.
Minnesota Statutes 2020, section 119B.08, subdivision 3, is amended to read:
Subd. 3.
Child care fund plan.
The county and designated administering agency shall
submit a biennial child care fund plan to the commissioner. The commissioner shall establish
the dates by which the county must submit the plans. The plan shall include:
(1) a description of strategies to coordinate and maximize public and private community
resources, including school districts, health care facilities, government agencies,
neighborhood organizations, and other resources knowledgeable in early childhood
development, in particular to coordinate child care assistance with existing community-based
programs and service providers including child care resource and referral programs, early
childhood family education, school readiness, Head Start, local interagency early intervention
committees, special education services, early childhood screening, and other early childhood
care and education services and programs to the extent possible, to foster collaboration
among agencies and other community-based programs that provide flexible, family-focused
services to families with young children and to facilitate transition into kindergarten. The
county must describe a method by which to share information, responsibility, and
accountability among service and program providers;
(2) a description of procedures and methods to be used to make copies of the proposed
state plan reasonably available to the public, including members of the public particularly
interested in child care policies such as parents, child care providers, culturally specific
service organizations, child care resource and referral programs, interagency early
intervention committees, potential collaborative partners and agencies involved in the
provision of care and education to young children, and allowing sufficient time for public
review and comment; and
(3) information as requested by the department to ensure compliance with the child care
fund statutes and rules promulgated by the commissioner.
The commissioner shall notify counties within 90 days of the date the plan is submitted
whether the plan is approved or the corrections or information needed to approve the plan.
The commissioner shall withhold deleted text begin a county's allocation until it has an approved plan. Plans
not approved by the end of the second quarter after the plan is due may result in a 25 percent
reduction in allocation. Plans not approved by the end of the third quarter after the plan is
due may result in a 100 percent reduction in the allocation to the countydeleted text end new text begin payments to a
county until it has an approved plannew text end . Counties are to maintain services despite any deleted text begin reduction
in their allocationdeleted text end new text begin withholding of paymentsnew text end due to plans not being approved.
Sec. 15.
Minnesota Statutes 2020, section 119B.11, subdivision 1, is amended to read:
Subdivision 1.
County contributions required.
(a) In addition to payments from deleted text begin basic
sliding feedeleted text end child carenew text begin assistancenew text end program participants, each county shall contribute from
county tax or other sources a fixed local match equal to its calendar year 1996 required
county contribution reduced by the administrative funding loss that would have occurred
in state fiscal year 1996 under section 119B.15. The commissioner shall recover funds from
the county as necessary to bring county expenditures into compliance with this subdivision.
The commissioner may accept county contributions, including contributions above the fixed
local match, in order to make state payments.
(b) The commissioner may accept payments from counties to:
(1) fulfill the county contribution as required under subdivision 1;
(2) pay for services authorized under this chapter beyond those paid for with federal or
state funds or with the required county contributions; or
(3) pay for child care services in addition to those authorized under this chapter, as
authorized under other federal, state, or local statutes or regulations.
(c) The county payments must be deposited in an account in the special revenue fund.
Money in this account is appropriated to the commissioner for child care assistance under
this chapter and other applicable statutes and regulations and is in addition to other state
and federal appropriations.
Sec. 16.
Minnesota Statutes 2021 Supplement, section 119B.13, subdivision 1, is amended
to read:
Subdivision 1.
Subsidy restrictions.
(a) Beginning deleted text begin November 15, 2021deleted text end new text begin October 3, 2022new text end ,
the maximum rate paid for child care assistance in any county or county price cluster under
the child care fund shall bedeleted text begin :
deleted text end
deleted text begin (1) for all infants and toddlers,deleted text end the greater of the deleted text begin 40thdeleted text end new text begin 75thnew text end percentile of the 2021 child
care provider rate survey deleted text begin ordeleted text end new text begin andnew text end the rates in effect at the time of the updatedeleted text begin ; anddeleted text end new text begin .
new text end
deleted text begin
(2) for all preschool and school-age children, the greater of the 30th percentile of the
2021 child care provider rate survey or the rates in effect at the time of the update.
deleted text end
(b) Beginning the first full service period on or after January 1, 2025, new text begin and every three
years thereafter, new text end the maximum rate paid for child care assistance in a county or county price
cluster under the child care fund shall bedeleted text begin :
deleted text end
deleted text begin (1) for all infants and toddlers,deleted text end the greater of the deleted text begin 40thdeleted text end new text begin 75thnew text end percentile of the deleted text begin 2024deleted text end new text begin most
recentnew text end child care provider rate survey deleted text begin ordeleted text end new text begin andnew text end the rates in effect at the time of the updatedeleted text begin ;
anddeleted text end new text begin .
new text end
deleted text begin
(2) for all preschool and school-age children, the greater of the 30th percentile of the
2024 child care provider rate survey or the rates in effect at the time of the update.
deleted text end
The rates under paragraph (a) continue until the rates under this paragraph go into effect.
(c) For a child care provider located within the boundaries of a city located in two or
more of the counties of Benton, Sherburne, and Stearns, the maximum rate paid for child
care assistance shall be equal to the maximum rate paid in the county with the highest
maximum reimbursement rates or the provider's charge, whichever is less. The commissioner
may: (1) assign a county with no reported provider prices to a similar price cluster; and (2)
consider county level access when determining final price clusters.
(d) A rate which includes a special needs rate paid under subdivision 3 may be in excess
of the maximum rate allowed under this subdivision.
(e) The department shall monitor the effect of this paragraph on provider rates. The
county shall pay the provider's full charges for every child in care up to the maximum
established. The commissioner shall determine the maximum rate for each type of care on
an hourly, full-day, and weekly basis, including special needs and disability care.
(f) If a child uses one provider, the maximum payment for one day of care must not
exceed the daily rate. The maximum payment for one week of care must not exceed the
weekly rate.
(g) If a child uses two providers under section 119B.097, the maximum payment must
not exceed:
(1) the daily rate for one day of care;
(2) the weekly rate for one week of care by the child's primary provider; and
(3) two daily rates during two weeks of care by a child's secondary provider.
(h) Child care providers receiving reimbursement under this chapter must not be paid
activity fees or an additional amount above the maximum rates for care provided during
nonstandard hours for families receiving assistance.
(i) If the provider charge is greater than the maximum provider rate allowed, the parent
is responsible for payment of the difference in the rates in addition to any family co-payment
fee.
(j) new text begin Beginning October 3, 2022, new text end the maximum registration fee paid for child care assistance
in any county or county price cluster under the child care fund shall be deleted text begin set as follows: (1)
beginning November 15, 2021,deleted text end the greater of the deleted text begin 40thdeleted text end new text begin 75thnew text end percentile of the deleted text begin 2021deleted text end new text begin most
recentnew text end child care provider rate survey deleted text begin ordeleted text end new text begin andnew text end the registration fee in effect at the time of the
updatedeleted text begin ; and (2) beginning the first full service period on or after January 1, 2025, the
maximum registration fee shall be the greater of the 40th percentile of the 2024 child care
provider rate survey or the registration fee in effect at the time of the update. The registration
fees under clause (1) continue until the registration fees under clause (2) go into effectdeleted text end .
(k) Maximum registration fees must be set for licensed family child care and for child
care centers. For a child care provider located in the boundaries of a city located in two or
more of the counties of Benton, Sherburne, and Stearns, the maximum registration fee paid
for child care assistance shall be equal to the maximum registration fee paid in the county
with the highest maximum registration fee or the provider's charge, whichever is less.
Sec. 17.
Minnesota Statutes 2020, section 119B.15, is amended to read:
119B.15 ADMINISTRATIVE EXPENSES.
The commissioner shall use up to 1/21 of the state and federal funds available for the
deleted text begin basic sliding fee program and 1/21 of the state and federal funds available for the MFIPdeleted text end
child carenew text begin assistancenew text end program for payments to counties for administrative expenses. The
commissioner shall make monthly payments to each county based on direct service
expenditures. Payments may be withheld if monthly reports are incomplete or untimely.
Sec. 18.
Minnesota Statutes 2020, section 119B.19, subdivision 7, is amended to read:
Subd. 7.
Child care resource and referral programs.
Within each region, a child care
resource and referral program must:
(1) maintain one database of all existing child care resources and services and one
database of family referrals;
(2) provide a child care referral service for families;
(3) develop resources to meet the child care service needs of families;
(4) increase the capacity to provide culturally responsive child care services;
(5) coordinate professional development opportunities for child care and school-age
care providers;
(6) administer and award child care services grants;
(7) cooperate with the Minnesota Child Care Resource and Referral Network and its
member programs to develop effective child care services and child care resources; deleted text begin and
deleted text end
(8) assist in fostering coordination, collaboration, and planning among child care programs
and community programs such as school readiness, Head Start, early childhood family
education, local interagency early intervention committees, early childhood screening,
special education services, and other early childhood care and education services and
programs that provide flexible, family-focused services to families with young children to
the extent possibledeleted text begin .deleted text end new text begin ;
new text end
new text begin
(9) administer the child care one-stop regional assistance network to assist child care
providers and individuals interested in becoming child care providers with establishing and
sustaining a licensed family child care or group family child care program or a child care
center; and
new text end
new text begin
(10) provide supports that enable economically challenged individuals to obtain the job
skills training, career counseling, and job placement assistance necessary to begin a career
path in child care.
new text end
Sec. 19.
Minnesota Statutes 2020, section 119B.24, is amended to read:
119B.24 DUTIES OF COMMISSIONER.
In addition to the powers and duties already conferred by law, the commissioner of
human services shall:
(1) administer the child care funddeleted text begin , including the basic sliding fee programdeleted text end authorized
under sections 119B.011 to 119B.16;
(2) monitor the child care resource and referral programs established under section
119B.19; and
(3) encourage child care providers to participate in a nationally recognized accreditation
system for early childhood and school-age care programs. Subject to approval by the
commissioner, family child care providers and early childhood and school-age care programs
shall be reimbursed for one-half of the direct cost of accreditation fees, upon successful
completion of accreditation.
Sec. 20.
new text begin
[119B.27] SHARED SERVICES GRANTS.
new text end
new text begin
The commissioner of human services shall establish a grant program to enable family
child care providers to implement shared services alliances.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2023.
new text end
Sec. 21.
new text begin
[119B.28] CHILD CARE PROVIDER ACCESS TO TECHNOLOGY
GRANTS.
new text end
new text begin
The commissioner of human services shall distribute money provided by this section
through grants to one or more organizations to offer grants or other supports to child care
providers to improve their access to computers, the Internet, subscriptions to online child
care management applications, and other technologies intended to improve their business
practices. Up to ten percent of the grant funds may be used for administration of this program.
new text end
Sec. 22.
Minnesota Statutes 2020, section 256.017, subdivision 9, is amended to read:
Subd. 9.
Timing and disposition of penalty and case disallowance funds.
Quality
control case penalty and administrative penalty amounts shall be disallowed or withheld
from the next regular reimbursement made to the county agency for state and federal benefit
reimbursements and federal administrative reimbursements for all programs covered in this
section, according to procedures established in statute, but shall not be imposed sooner than
30 calendar days from the date of written notice of such penalties. deleted text begin Except for penalties
withheld under the child care assistance program,deleted text end All penalties must be deposited in the
county incentive fund provided in section 256.018. deleted text begin Penalties withheld under the child care
assistance program shall be reallocated to counties using the allocation formula under section
119B.03, subdivision 5.deleted text end All penalties must be imposed according to this provision until a
decision is made regarding the status of a written exception. Penalties must be returned to
county agencies when a review of a written exception results in a decision in their favor.
Sec. 23. new text begin DIRECTION TO COMMISSIONER; ALLOCATING BASIC SLIDING
FEE FUNDS.
new text end
new text begin
Notwithstanding Minnesota Statutes, section 119B.03, subdivisions 6, 6a, and 6b, the
commissioner of human services must allocate additional basic sliding fee child care money
for calendar year 2024 to counties and Tribes to account for the change in the definition of
family in sections 1 to 3. In allocating the additional money, the commissioner shall consider:
new text end
new text begin
(1) the number of children in the county or Tribe who receive care from a relative
custodian who accepted a transfer of permanent legal and physical custody of a child under
section 260C.515, subdivision 4, or similar permanency disposition in Tribal code; successor
custodian or guardian as established according to section 256N.22, subdivision 10; or foster
parents in a family foster home under section 260C.007, subdivision 16b; and
new text end
new text begin
(2) the average basic sliding fee cost of care in the county or Tribe.
new text end
Sec. 24. new text begin DIRECTION TO COMMISSIONER OF MANAGEMENT AND BUDGET.
new text end
new text begin
The state obligation for the child care assistance program under Minnesota Statutes,
chapter 119B, must be included in the Department of Management and Budget February
and November forecast of state revenues and expenditures under Minnesota Statutes, section
16A.103, beginning with the February 2023 forecast.
new text end
Sec. 25. new text begin INCREASE FOR MAXIMUM RATES.
new text end
new text begin
Notwithstanding Minnesota Statutes, section 119B.03, subdivisions 6, 6a, and 6b, the
commissioner of human services shall allocate the additional basic sliding fee child care
funds for calendar year 2023 to counties for updated maximum rates based on relative need
to cover maximum rate increases. In distributing the additional funds, the commissioner
shall consider the following factors by county:
new text end
new text begin
(1) number of children covered by the county;
new text end
new text begin
(2) provider types that care for covered children;
new text end
new text begin
(3) age of covered children; and
new text end
new text begin
(4) amount of the increase in maximum rates.
new text end
Sec. 26. new text begin REPEALER.
new text end
new text begin
(a)
new text end
new text begin
Minnesota Statutes 2020, section 119B.03, subdivisions 1, 2, 4, 5, 6a, 6b, and 8,
new text end
new text begin
are
repealed.
new text end
new text begin
(b)
new text end
new text begin
Minnesota Statutes 2021 Supplement, section 119B.03, subdivisions 4a and 6,
new text end
new text begin
are
repealed.
new text end
ARTICLE 2
ECONOMIC ASSISTANCE
Section 1.
Minnesota Statutes 2020, section 119B.011, subdivision 15, is amended to read:
Subd. 15.
Income.
new text begin (a) new text end "Income" means earned income as defined under section 256P.01,
subdivision 3, unearned income as defined under section 256P.01, subdivision 8, and public
assistance cash benefits, including the Minnesota family investment program, diversionary
work program, work benefit, Minnesota supplemental aid, general assistance, refugee cash
assistance, at-home infant child care subsidy payments, deleted text begin anddeleted text end child support and maintenance
distributed to deleted text begin thedeleted text end new text begin anew text end family under section 256.741, subdivision 2adeleted text begin .deleted text end new text begin , and nonrecurring income
over $60 per quarter unless the nonrecurring income is:
new text end
new text begin
(1) from tax refunds, tax rebates, or tax credits;
new text end
new text begin
(2) from a reimbursement, rebate, award, grant, or refund of personal or real property
or costs or losses incurred when these payments are made by a public agency, a court, a
solicitation through public appeal, the federal government, a state or local unit of government,
or a disaster assistance organization;
new text end
new text begin
(3) provided as an in-kind benefit; or
new text end
new text begin
(4) earmarked and used for the purpose for which it was intended.
new text end
new text begin (b)new text end The following are deducted from income: funds used to pay for health insurance
premiums for family members, and child or spousal support paid to or on behalf of a person
or persons who live outside of the household. Income sources not included in this subdivision
and section 256P.06, subdivision 3, are not countednew text begin as incomenew text end .
Sec. 2.
Minnesota Statutes 2020, section 119B.025, subdivision 4, is amended to read:
Subd. 4.
Changes in eligibility.
(a) The county shall process a change in eligibility
factors according to paragraphs (b) to (g).
(b) A family is subject to the reporting requirements in section 256P.07new text begin , subdivision 6new text end .
(c) If a family reports a change or a change is known to the agency before the family's
regularly scheduled redetermination, the county must act on the change. The commissioner
shall establish standards for verifying a change.
(d) A change in income occurs on the day the participant received the first payment
reflecting the change in income.
(e) During a family's 12-month eligibility period, if the family's income increases and
remains at or below 85 percent of the state median income, adjusted for family size, there
is no change to the family's eligibility. The county shall not request verification of the
change. The co-payment fee shall not increase during the remaining portion of the family's
12-month eligibility period.
(f) During a family's 12-month eligibility period, if the family's income increases and
exceeds 85 percent of the state median income, adjusted for family size, the family is not
eligible for child care assistance. The family must be given 15 calendar days to provide
verification of the change. If the required verification is not returned or confirms ineligibility,
the family's eligibility ends following a subsequent 15-day adverse action notice.
(g) Notwithstanding Minnesota Rules, parts 3400.0040, subpart 3, and 3400.0170,
subpart 1, if an applicant or participant reports that employment ended, the agency may
accept a signed statement from the applicant or participant as verification that employment
ended.
Sec. 3.
Minnesota Statutes 2020, section 256D.03, is amended by adding a subdivision to
read:
new text begin Subd. 2b. new text end
new text begin Budgeting and reporting. new text end
new text begin
Every county agency shall determine eligibility
and calculate benefit amounts for general assistance according to chapter 256P.
new text end
Sec. 4.
Minnesota Statutes 2020, section 256D.0516, subdivision 2, is amended to read:
Subd. 2.
SNAP reporting requirements.
The commissioner of human services shall
implement simplified reporting as permitted under the Food and Nutrition Act of 2008, as
amended, and the SNAP regulations in Code of Federal Regulations, title 7, part 273. SNAP
benefit recipient households required to report periodically shall not be required to report
more often than one time every six months. deleted text begin This provision shall not apply to households
receiving food benefits under the Minnesota family investment program waiver.
deleted text end
Sec. 5.
Minnesota Statutes 2020, section 256D.06, subdivision 1, is amended to read:
Subdivision 1.
Eligibility; amount of assistance.
General assistance shall be granted
new text begin to an individual or married couple new text end in an amount deleted text begin that when added to the countable income
as determined to be actuallydeleted text end new text begin equal to the difference between new text end available deleted text begin to the assistance unitdeleted text end new text begin
incomenew text end under section 256P.06deleted text begin , the total amount equals the applicable standard of assistance
for general assistancedeleted text end new text begin and the standard for the individual or married couple using the MFIP
transitional standard cash portion described in section 256J.24, subdivision 5, paragraph
(a)new text end . In determining eligibility for and the amount of assistance for an individual or married
couple, the agency shall apply the earned income disregard as determined in section 256P.03.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective October 1, 2023.
new text end
Sec. 6.
Minnesota Statutes 2020, section 256D.06, subdivision 2, is amended to read:
Subd. 2.
Emergency need.
(a) Notwithstanding the provisions of subdivision 1, a grant
of emergency general assistance shall, to the extent funds are available, be made to an
eligible single adult, married couple, or family for an emergency need where the recipient
requests temporary assistance not exceeding 30 days if an emergency situation appears to
exist under written criteria adopted by the county agency. If an applicant or recipient relates
facts to the county agency which may be sufficient to constitute an emergency situation,
the county agency shall, to the extent funds are available, advise the person of the procedure
for applying for assistance according to this subdivision.
(b) The applicant must be ineligible for assistance under chapter 256J, must have annual
net income no greater than 200 percent of the federal poverty guidelines for the previous
calendar year, and may new text begin only new text end receive an emergency assistance grant deleted text begin not more thandeleted text end once in
any 12-month period.
(c) Funding for an emergency general assistance program is limited to the appropriation.
Each fiscal year, the commissioner shall allocate to counties the money appropriated for
emergency general assistance grants based on each county agency's average share of state's
emergency general expenditures for the immediate past three fiscal years as determined by
the commissioner, and may reallocate any unspent amounts to other counties. new text begin The
commissioner may disregard periods of pandemic or other disaster, including fiscal years
2021 and 2022, when determining the amount allocated to counties. new text end No county shall be
allocated less than $1,000 for a fiscal year.
(d) Any emergency general assistance expenditures by a county above the amount of
the commissioner's allocation to the county must be made from county funds.
Sec. 7.
Minnesota Statutes 2020, section 256D.06, subdivision 5, is amended to read:
Subd. 5.
Eligibility; requirements.
(a) Any applicant, otherwise eligible for general
assistance and possibly eligible for maintenance benefits from any other source shall (1)
make application for those benefits within deleted text begin 30deleted text end new text begin 90new text end days of the general assistance applicationnew text begin ,
unless an applicant had good cause to not apply within that periodnew text end ; and (2) execute an interim
assistance agreement on a form as directed by the commissioner.
(b) The commissioner shall review a denial of an application for other maintenance
benefits and may require a recipient of general assistance to file an appeal of the denial if
appropriate. If found eligible for benefits from other sources, and a payment received from
another source relates to the period during which general assistance was also being received,
the recipient shall be required to reimburse the county agency for the interim assistance
paid. Reimbursement shall not exceed the amount of general assistance paid during the time
period to which the other maintenance benefits apply and shall not exceed the state standard
applicable to that time period.
(c) The commissioner may contract with the county agencies, qualified agencies,
organizations, or persons to provide advocacy and support services to process claims for
federal disability benefits for applicants or recipients of services or benefits supervised by
the commissioner using money retained under this section.
(d) The commissioner may provide methods by which county agencies shall identify,
refer, and assist recipients who may be eligible for benefits under federal programs for
people with a disability.
(e) The total amount of interim assistance recoveries retained under this section for
advocacy, support, and claim processing services shall not exceed 35 percent of the interim
assistance recoveries in the prior fiscal year.
Sec. 8.
Minnesota Statutes 2020, section 256E.35, subdivision 1, is amended to read:
Subdivision 1.
Establishment.
The Minnesota family assets for independence initiative
is established to provide incentives for low-income families to accrue assets for education,
housing, vehicles,new text begin emergencies,new text end and economic development purposes.
Sec. 9.
Minnesota Statutes 2020, section 256E.35, subdivision 2, is amended to read:
Subd. 2.
Definitions.
(a) The definitions in this subdivision apply to this section.
(b) "Eligible educational institution" means the following:
(1) an institution of higher education described in section 101 or 102 of the Higher
Education Act of 1965; or
(2) an area vocational education school, as defined in subparagraph (C) or (D) of United
States Code, title 20, chapter 44, section 2302 (3) (the Carl D. Perkins Vocational and
Applied Technology Education Act), which is located within any state, as defined in United
States Code, title 20, chapter 44, section 2302 (30). This clause is applicable only to the
extent section 2302 is in effect on August 1, 2008.
(c) "Family asset account" means a savings account opened by a household participating
in the Minnesota family assets for independence initiative.
(d) "Fiduciary organization" means:
(1) a community action agency that has obtained recognition under section 256E.31;
(2) a federal community development credit union deleted text begin serving the seven-county metropolitan
areadeleted text end ; deleted text begin or
deleted text end
(3) a women-oriented economic development agency deleted text begin serving the seven-county
metropolitan area.deleted text end new text begin ;
new text end
new text begin
(4) a federally recognized Tribal nation; or
new text end
new text begin
(5) a nonprofit organization as defined under section 501(c)(3) of the Internal Revenue
Code.
new text end
(e) "Financial coach" means a person who:
(1) has completed an intensive financial literacy training workshop that includes
curriculum on budgeting to increase savings, debt reduction and asset building, building a
good credit rating, and consumer protection;
(2) participates in ongoing statewide family assets for independence in Minnesota (FAIM)
network training meetings under FAIM program supervision; and
(3) provides financial coaching to program participants under subdivision 4a.
(f) "Financial institution" means a bank, bank and trust, savings bank, savings association,
or credit union, the deposits of which are insured by the Federal Deposit Insurance
Corporation or the National Credit Union Administration.
(g) "Household" means all individuals who share use of a dwelling unit as primary
quarters for living and eating separate from other individuals.
(h) "Permissible use" means:
(1) postsecondary educational expenses at an eligible educational institution as defined
in paragraph (b), including books, supplies, and equipment required for courses of instruction;
(2) acquisition costs of acquiring, constructing, or reconstructing a residence, including
any usual or reasonable settlement, financing, or other closing costs;
(3) business capitalization expenses for expenditures on capital, plant, equipment, working
capital, and inventory expenses of a legitimate business pursuant to a business plan approved
by the fiduciary organization;
(4) acquisition costs of a principal residence within the meaning of section 1034 of the
Internal Revenue Code of 1986 which do not exceed 100 percent of the average area purchase
price applicable to the residence determined according to section 143(e)(2) and (3) of the
Internal Revenue Code of 1986; deleted text begin and
deleted text end
(5) acquisition costs of a personal vehicle only if approved by the fiduciary organizationdeleted text begin .deleted text end new text begin ;
new text end
new text begin
(6) contribution to an emergency savings account; and
new text end
new text begin
(7) contribution to a Minnesota 529 savings plan.
new text end
Sec. 10.
Minnesota Statutes 2020, section 256E.35, subdivision 4a, is amended to read:
Subd. 4a.
Financial coaching.
A financial coach shall provide the following to program
participants:
(1) financial education relating to budgeting, debt reduction, asset-specific training,
new text begin credit building, new text end and financial stability activities;
(2) asset-specific training related to buying a home or vehicle, acquiring postsecondary
education, deleted text begin ordeleted text end starting or expanding a small businessnew text begin , saving for emergencies, or saving for
a child's educationnew text end ; and
(3) financial stability education and training to improve and sustain financial security.
Sec. 11.
Minnesota Statutes 2020, section 256E.35, subdivision 6, is amended to read:
Subd. 6.
Withdrawal; matching; permissible uses.
(a) To receive a match, a
participating household must transfer funds withdrawn from a family asset account to its
matching fund custodial account held by the fiscal agent, according to the family asset
agreement. The fiscal agent must determine if the match request is for a permissible use
consistent with the household's family asset agreement.
(b) The fiscal agent must ensure the household's custodial account contains the applicable
matching funds to match the balance in the household's account, including interest, on at
least a quarterly basis and at the time of an approved withdrawal. Matches must be a
contribution of $3 from state grant or TANF funds for every $1 of funds withdrawn from
the family asset account not to exceed a deleted text begin $6,000deleted text end new text begin $9,000new text end lifetime limit.
(c) Notwithstanding paragraph (b), if funds are appropriated for the Federal Assets for
Independence Act of 1998, and a participating fiduciary organization is awarded a grant
under that act, participating households with that fiduciary organization must be provided
matches as follows:
(1) from state grant and TANF funds, a matching contribution of $1.50 for every $1 of
funds withdrawn from the family asset account not to exceed a deleted text begin $3,000deleted text end new text begin $4,500new text end lifetime limit;
and
(2) from nonstate funds, a matching contribution of not less than $1.50 for every $1 of
funds withdrawn from the family asset account not to exceed a deleted text begin $3,000deleted text end new text begin $4,500new text end lifetime limit.
(d) Upon receipt of transferred custodial account funds, the fiscal agent must make a
direct payment to the vendor of the goods or services for the permissible use.
Sec. 12.
Minnesota Statutes 2020, section 256I.03, subdivision 13, is amended to read:
Subd. 13.
Prospective budgeting.
"Prospective budgeting" deleted text begin means estimating the amount
of monthly income a person will have in the payment monthdeleted text end new text begin has the meaning given in
section 256P.01, subdivision 9new text end .
Sec. 13.
Minnesota Statutes 2020, section 256I.06, subdivision 6, is amended to read:
Subd. 6.
Reports.
Recipients must report changes in circumstances according to section
256P.07 deleted text begin that affect eligibility or housing support payment amounts, other than changes in
earned income, within ten days of the changedeleted text end . Recipients with countable earned income
must complete a household report form deleted text begin at leastdeleted text end once every six monthsnew text begin according to section
256P.10new text end . deleted text begin If the report form is not received before the end of the month in which it is due,
the county agency must terminate eligibility for housing support payments. The termination
shall be effective on the first day of the month following the month in which the report was
due. If a complete report is received within the month eligibility was terminated, the
individual is considered to have continued an application for housing support payment
effective the first day of the month the eligibility was terminated.
deleted text end
Sec. 14.
Minnesota Statutes 2021 Supplement, section 256I.06, subdivision 8, is amended
to read:
Subd. 8.
Amount of housing support payment.
(a) The amount of a room and board
payment to be made on behalf of an eligible individual is determined by subtracting the
individual's countable income under section 256I.04, subdivision 1, for a whole calendar
month from the room and board rate for that same month. The housing support payment is
determined by multiplying the housing support rate times the period of time the individual
was a resident or temporarily absent under section 256I.05, subdivision 2a.
(b) For an individual with earned income under paragraph (a), prospective budgeting
new text begin according to section 256P.09 new text end must be used deleted text begin to determine the amount of the individual's
payment for the following six-month period. An increase in income shall not affect an
individual's eligibility or payment amount until the month following the reporting month.
A decrease in income shall be effective the first day of the month after the month in which
the decrease is reporteddeleted text end .
(c) For an individual who receives housing support payments under section 256I.04,
subdivision 1, paragraph (c), the amount of the housing support payment is determined by
multiplying the housing support rate times the period of time the individual was a resident.
Sec. 15.
Minnesota Statutes 2020, section 256I.06, subdivision 10, is amended to read:
Subd. 10.
Correction of overpayments and underpayments.
The agency shall make
an adjustment to housing support payments issued to individuals consistent with requirements
of federal law and regulation and state law and rule and shall issue or recover benefits as
appropriate. A recipient or former recipient is not responsible for overpayments due to
agency errordeleted text begin , unless the amount of the overpayment is large enough that a reasonable person
would know it is an errordeleted text end .
Sec. 16.
Minnesota Statutes 2020, section 256I.09, is amended to read:
256I.09 COMMUNITY LIVING INFRASTRUCTURE.
The commissioner shall award grants to agencies through an annual competitive process.
Grants awarded under this section may be used for: (1) outreach to locate and engage people
who are homeless or residing in segregated settings to screen for basic needs and assist with
referral to community living resources; (2) building capacity to provide technical assistance
and consultation on housing and related support service resources for persons with both
disabilities and low income; deleted text begin ordeleted text end (3) streamlining the administration and monitoring activities
related to housing support fundsnew text begin ; or (4) direct assistance to individuals to access or maintain
housing in community settingsnew text end . Agencies may collaborate and submit a joint application
for funding under this section.
Sec. 17.
Minnesota Statutes 2020, section 256J.08, subdivision 71, is amended to read:
Subd. 71.
Prospective budgeting.
"Prospective budgeting" deleted text begin means a method of
determining the amount of the assistance payment in which the budget month and payment
month are the samedeleted text end new text begin has the meaning given in section 256P.01, subdivision 9new text end .
Sec. 18.
Minnesota Statutes 2020, section 256J.08, subdivision 79, is amended to read:
Subd. 79.
Recurring income.
"Recurring income" means a form of income which is:
(1) received periodically, and may be received irregularly when receipt can be anticipated
even though the date of receipt cannot be predicted; and
(2) from the same source or of the same type that is received and budgeted in a
prospective month deleted text begin and is received in one or both of the first two retrospective monthsdeleted text end .
Sec. 19.
Minnesota Statutes 2021 Supplement, section 256J.21, subdivision 3, is amended
to read:
Subd. 3.
Initial income test.
new text begin (a) new text end The agency shall determine initial eligibility by
considering all earned and unearned income as defined in section 256P.06. To be eligible
for MFIP, the assistance unit's countable income minus the earned income disregards in
paragraph (a) and section 256P.03 must be below the family wage level according to section
256J.24, subdivision 7, for that size assistance unit.
deleted text begin (a)deleted text end new text begin (b)new text end The initial eligibility determination must disregard the following items:
(1) the earned income disregard as determined in section 256P.03;
(2) dependent care costs must be deducted from gross earned income for the actual
amount paid for dependent care up to a maximum of $200 per month for each child less
than two years of age, and $175 per month for each child two years of age and older;
(3) all payments made according to a court order for spousal support or the support of
children not living in the assistance unit's household shall be disregarded from the income
of the person with the legal obligation to pay support; and
(4) an allocation for the unmet need of an ineligible spouse or an ineligible child under
the age of 21 for whom the caregiver is financially responsible and who lives with the
caregiver according to section 256J.36.
deleted text begin (b) After initial eligibility is established,deleted text end new text begin (c) The income test is for a six-month period.new text end
The assistance payment calculation is based on deleted text begin the monthly income testdeleted text end new text begin prospective budgeting
according to section 256P.09new text end .
Sec. 20.
Minnesota Statutes 2020, section 256J.21, subdivision 4, is amended to read:
Subd. 4.
deleted text begin Monthlydeleted text end Income test and determination of assistance payment.
deleted text begin The county
agency shall determine ongoing eligibility and the assistance payment amount according
to the monthly income test.deleted text end To be eligible for MFIP, the result of the computations in
paragraphs (a) to (e) new text begin applied to prospective budgeting new text end must be at least $1.
(a) Apply an income disregard as defined in section 256P.03, to gross earnings and
subtract this amount from the family wage level. If the difference is equal to or greater than
the MFIP transitional standard, the assistance payment is equal to the MFIP transitional
standard. If the difference is less than the MFIP transitional standard, the assistance payment
is equal to the difference. The earned income disregard in this paragraph must be deducted
every month there is earned income.
(b) All payments made according to a court order for spousal support or the support of
children not living in the assistance unit's household must be disregarded from the income
of the person with the legal obligation to pay support.
(c) An allocation for the unmet need of an ineligible spouse or an ineligible child under
the age of 21 for whom the caregiver is financially responsible and who lives with the
caregiver must be made according to section 256J.36.
(d) Subtract unearned income dollar for dollar from the MFIP transitional standard to
determine the assistance payment amount.
(e) When income is both earned and unearned, the amount of the assistance payment
must be determined by first treating gross earned income as specified in paragraph (a). After
determining the amount of the assistance payment under paragraph (a), unearned income
must be subtracted from that amount dollar for dollar to determine the assistance payment
amount.
deleted text begin
(f) When the monthly income is greater than the MFIP transitional standard after
deductions and the income will only exceed the standard for one month, the county agency
must suspend the assistance payment for the payment month.
deleted text end
Sec. 21.
Minnesota Statutes 2021 Supplement, section 256J.33, subdivision 1, is amended
to read:
Subdivision 1.
Determination of eligibility.
(a) A county agency must determine MFIP
eligibility prospectively deleted text begin for a payment monthdeleted text end based on deleted text begin retrospectivelydeleted text end assessing income
and the county agency's best estimate of the circumstances that will exist in the payment
month.
(b) deleted text begin Except as described in section 256J.34, subdivision 1, when prospective eligibility
exists,deleted text end A county agency must calculate the amount of the assistance payment using
deleted text begin retrospectivedeleted text end new text begin prospectivenew text end budgeting. To determine MFIP eligibility and the assistance
payment amount, a county agency must apply countable income, described in sections
256P.06 and 256J.37, subdivisions 3 to deleted text begin 10deleted text end new text begin 9new text end , received by members of an assistance unit or
by other persons whose income is counted for the assistance unit, described under sections
256J.37, subdivisions 1 to 2, and 256P.06, subdivision 1.
(c) This income must be applied to the MFIP standard of need or family wage level
subject to this section and sections 256J.34 to 256J.36. Countable income as described in
section 256P.06, subdivision 3, received deleted text begin in a calendar monthdeleted text end must be applied to the needs
of an assistance unit.
new text begin
(d) An assistance unit is not eligible when the countable income equals or exceeds the
MFIP standard of need or the family wage level for the assistance unit.
new text end
Sec. 22.
Minnesota Statutes 2020, section 256J.33, subdivision 2, is amended to read:
Subd. 2.
Prospective eligibility.
An agency must determine whether the eligibility
requirements that pertain to an assistance unit, including those in sections 256J.11 to 256J.15
and 256P.02, will be met prospectively for the payment deleted text begin monthdeleted text end new text begin periodnew text end . deleted text begin Except for the
provisions in section 256J.34, subdivision 1,deleted text end The income test will be applied deleted text begin retrospectivelydeleted text end new text begin
prospectivelynew text end .
Sec. 23.
Minnesota Statutes 2020, section 256J.37, subdivision 3, is amended to read:
Subd. 3.
Earned income of wage, salary, and contractual employees.
The agency
must include gross earned income less any disregards in the initial deleted text begin and monthlydeleted text end income
test. Gross earned income received by persons employed on a contractual basis must be
prorated over the period covered by the contract even when payments are received over a
lesser period of time.
Sec. 24.
Minnesota Statutes 2020, section 256J.37, subdivision 3a, is amended to read:
Subd. 3a.
Rental subsidies; unearned income.
(a) Effective July 1, 2003, the agency
shall count $50 of the value of public and assisted rental subsidies provided through the
Department of Housing and Urban Development (HUD) as unearned income to the cash
portion of the MFIP grant. The full amount of the subsidy must be counted as unearned
income when the subsidy is less than $50. The income from this subsidy shall be budgeted
according to section deleted text begin 256J.34deleted text end new text begin 256P.09new text end .
(b) The provisions of this subdivision shall not apply to an MFIP assistance unit which
includes a participant who is:
(1) age 60 or older;
(2) a caregiver who is suffering from an illness, injury, or incapacity that has been
certified by a qualified professional when the illness, injury, or incapacity is expected to
continue for more than 30 days and severely limits the person's ability to obtain or maintain
suitable employment; or
(3) a caregiver whose presence in the home is required due to the illness or incapacity
of another member in the assistance unit, a relative in the household, or a foster child in the
household when the illness or incapacity and the need for the participant's presence in the
home has been certified by a qualified professional and is expected to continue for more
than 30 days.
(c) The provisions of this subdivision shall not apply to an MFIP assistance unit where
the parental caregiver is an SSI participant.
Sec. 25.
Minnesota Statutes 2020, section 256J.95, subdivision 19, is amended to read:
Subd. 19.
DWP overpayments and underpayments.
DWP benefits are subject to
overpayments and underpayments. Anytime an overpayment or an underpayment is
determined for DWP, the correction shall be calculated using prospective budgeting.
Corrections shall be determined based on the policy in section deleted text begin 256J.34, subdivision 1,
paragraphs (a), (b), and (c)deleted text end new text begin 256P.09, subdivisions 1 to 4new text end . ATM errors must be recovered as
specified in section 256P.08, subdivision 7. Cross program recoupment of overpayments
cannot be assigned to or from DWP.
Sec. 26.
Minnesota Statutes 2020, section 256K.45, subdivision 3, is amended to read:
Subd. 3.
Street and community outreach and drop-in program.
Youth drop-in centers
must provide walk-in access to crisis intervention and ongoing supportive services including
one-to-one case management services on a self-referral basis. Street and community outreach
programs must locate, contact, and provide information, referrals, and services to homeless
youth, youth at risk of homelessness, and runaways. Information, referrals, and services
provided may include, but are not limited to:
(1) family reunification services;
(2) conflict resolution or mediation counseling;
(3) assistance in obtaining temporary emergency shelter;
(4) assistance in obtaining food, clothing, medical care, or mental health counseling;
(5) counseling regarding violence, sexual exploitation, substance abuse, sexually
transmitted diseases, and pregnancy;
(6) referrals to other agencies that provide support services to homeless youth, youth at
risk of homelessness, and runaways;
(7) assistance with education, employment, and independent living skills;
(8) aftercare services;
(9) specialized services for highly vulnerable runaways and homeless youth, including
deleted text begin teendeleted text end new text begin but not limited to youth at risk of discrimination based on sexual orientation or gender
identity, young new text end parents, emotionally disturbed and mentally ill youth, and sexually exploited
youth; and
(10) homelessness prevention.
Sec. 27.
Minnesota Statutes 2020, section 256P.01, is amended by adding a subdivision
to read:
new text begin Subd. 9. new text end
new text begin Prospective budgeting. new text end
new text begin
"Prospective budgeting" means estimating the amount
of monthly income that an assistance unit will have in the payment month.
new text end
Sec. 28.
Minnesota Statutes 2021 Supplement, section 256P.02, subdivision 1a, is amended
to read:
Subd. 1a.
Exemption.
Participants who qualify for child care assistance programs under
chapter 119B are exempt from this section, except that the personal property identified in
subdivision 2 is counted toward the asset limit of the child care assistance program under
chapter 119B.new text begin Vehicles under subdivision 3 and accounts under subdivision 4 are not counted
toward the asset limit of the child care assistance program under chapter 119B.
new text end
Sec. 29.
Minnesota Statutes 2021 Supplement, section 256P.02, subdivision 2, is amended
to read:
Subd. 2.
Personal property limitations.
The equity value of an assistance unit's personal
property listed in clauses (1) to (5) must not exceed $10,000 for applicants and participants.
For purposes of this subdivision, personal property is limited to:
(1) cash;
(2) bank accountsnew text begin not excluded under subdivision 4new text end ;
(3) liquid stocks and bonds that can be readily accessed without a financial penalty;
(4) vehicles not excluded under subdivision 3; and
(5) the full value of business accounts used to pay expenses not related to the business.
Sec. 30.
Minnesota Statutes 2020, section 256P.02, is amended by adding a subdivision
to read:
new text begin Subd. 4. new text end
new text begin Account exception. new text end
new text begin
Family asset accounts under section 256E.35 and individual
development accounts authorized under the Assets for Independence Act, Title IV of the
Community Opportunities, Accountability, and Training and Educational Services Human
Services Reauthorization Act of 1998, Public Law 105-285, shall be excluded when
determining the equity value of personal property.
new text end
Sec. 31.
Minnesota Statutes 2021 Supplement, section 256P.04, subdivision 4, is amended
to read:
Subd. 4.
Factors to be verified.
(a) The agency shall verify the following at application:
(1) identity of adults;
(2) age, if necessary to determine eligibility;
(3) immigration status;
(4) income;
(5) spousal support and child support payments made to persons outside the household;
(6) vehicles;
(7) checking and savings accounts, including but not limited to any business accounts
used to pay expenses not related to the business;
(8) inconsistent information, if related to eligibility;
(9) residence;new text begin and
new text end
(10) Social Security numberdeleted text begin ; anddeleted text end new text begin .
new text end
deleted text begin
(11) use of nonrecurring income under section 256P.06, subdivision 3, clause (2), item
(ix), for the intended purpose for which it was given and received.
deleted text end
(b) Applicants who are qualified noncitizens and victims of domestic violence as defined
under section 256J.08, subdivision 73, clauses (8) and (9), are not required to verify the
information in paragraph (a), clause (10). When a Social Security number is not provided
to the agency for verification, this requirement is satisfied when each member of the
assistance unit cooperates with the procedures for verification of Social Security numbers,
issuance of duplicate cards, and issuance of new numbers which have been established
jointly between the Social Security Administration and the commissioner.
Sec. 32.
Minnesota Statutes 2021 Supplement, section 256P.04, subdivision 8, is amended
to read:
Subd. 8.
Recertification.
The agency shall recertify eligibility annually. During
recertificationnew text begin and reporting under section 256P.10new text end , the agency shall verify the following:
(1) income, unless excluded, including self-employment earnings;
(2) assets when the value is within $200 of the asset limit; and
(3) inconsistent information, if related to eligibility.
Sec. 33.
Minnesota Statutes 2021 Supplement, section 256P.06, subdivision 3, is amended
to read:
Subd. 3.
Income inclusions.
The following must be included in determining the income
of an assistance unit:
(1) earned income; and
(2) unearned income, which includes:
(i) interest and dividends from investments and savings;
(ii) capital gains as defined by the Internal Revenue Service from any sale of real property;
(iii) proceeds from rent and contract for deed payments in excess of the principal and
interest portion owed on property;
(iv) income from trusts, excluding special needs and supplemental needs trusts;
(v) interest income from loans made by the participant or household;
(vi) cash prizes and winnings;
(vii) unemployment insurance income that is received by an adult member of the
assistance unit unless the individual receiving unemployment insurance income is:
(A) 18 years of age and enrolled in a secondary school; or
(B) 18 or 19 years of age, a caregiver, and is enrolled in school at least half-time;
(viii) retirement, survivors, and disability insurance payments;
deleted text begin
(ix) nonrecurring income over $60 per quarter unless the nonrecurring income is: (A)
from tax refunds, tax rebates, or tax credits; (B) a reimbursement, rebate, award, grant, or
refund of personal or real property or costs or losses incurred when these payments are
made by: a public agency; a court; solicitations through public appeal; a federal, state, or
local unit of government; or a disaster assistance organization; (C) provided as an in-kind
benefit; or (D) earmarked and used for the purpose for which it was intended, subject to
verification requirements under section 256P.04;
deleted text end
deleted text begin (x)deleted text end new text begin (ix)new text end retirement benefits;
deleted text begin (xi)deleted text end new text begin (x)new text end cash assistance benefits, as defined by each program in chapters 119B, 256D,
256I, and 256J;
deleted text begin (xii)deleted text end new text begin (xi)new text end Tribal per capita payments unless excluded by federal and state law;
deleted text begin (xiii)deleted text end new text begin (xii)new text end income and payments from service and rehabilitation programs that meet or
exceed the state's minimum wage rate;
deleted text begin (xiv)deleted text end new text begin (xiii)new text end income from members of the United States armed forces unless excluded
from income taxes according to federal or state law;
deleted text begin (xv)deleted text end new text begin (xiv)new text end all child support payments for programs under chapters 119B, 256D, and 256I;
deleted text begin (xvi)deleted text end new text begin (xv)new text end the amount of child support received that exceeds $100 for assistance units
with one child and $200 for assistance units with two or more children for programs under
chapter 256J;
deleted text begin (xvii)deleted text end new text begin (xvi)new text end spousal support; and
deleted text begin (xviii)deleted text end new text begin (xvii)new text end workers' compensation.
Sec. 34.
Minnesota Statutes 2020, section 256P.07, subdivision 1, is amended to read:
Subdivision 1.
Exempted programs.
Participants who new text begin receive Supplemental Security
Income and new text end qualify for Minnesota supplemental aid under chapter 256D deleted text begin anddeleted text end new text begin ornew text end for housing
support under chapter 256I deleted text begin on the basis of eligibility for Supplemental Security Incomedeleted text end are
exempt from deleted text begin this sectiondeleted text end new text begin reporting income under this chapternew text end .
Sec. 35.
Minnesota Statutes 2020, section 256P.07, is amended by adding a subdivision
to read:
new text begin Subd. 1a. new text end
new text begin Child care assistance programs. new text end
new text begin
Participants who qualify for child care
assistance programs under chapter 119B are exempt from this section except the reporting
requirements in subdivision 6.
new text end
Sec. 36.
Minnesota Statutes 2020, section 256P.07, subdivision 2, is amended to read:
Subd. 2.
Reporting requirements.
An applicant or participant must provide information
on an application and any subsequent reporting forms about the assistance unit's
circumstances that affect eligibility or benefits. An applicant or assistance unit must report
changes new text begin that affect eligibility or benefits as new text end identified in deleted text begin subdivisiondeleted text end new text begin subdivisionsnew text end 3new text begin , 4, 5,
7, 8, and 9, during the application period or by the tenth of the month following the month
the assistance unit's circumstances changednew text end . When information is not accurately reported,
both an overpayment and a referral for a fraud investigation may result. When information
or documentation is not provided, the receipt of any benefit may be delayed or denied,
depending on the type of information required and its effect on eligibility.
Sec. 37.
Minnesota Statutes 2020, section 256P.07, subdivision 3, is amended to read:
Subd. 3.
Changes that must be reported.
deleted text begin
An assistance unit must report the changes
or anticipated changes specified in clauses (1) to (12) within ten days of the date they occur,
at the time of recertification of eligibility under section 256P.04, subdivisions 8 and 9, or
within eight calendar days of a reporting period, whichever occurs first. An assistance unit
must report other changes at the time of recertification of eligibility under section 256P.04,
subdivisions 8 and 9, or at the end of a reporting period, as applicable. When an agency
could have reduced or terminated assistance for one or more payment months if a delay in
reporting a change specified under clauses (1) to (12) had not occurred, the agency must
determine whether a timely notice could have been issued on the day that the change
occurred. When a timely notice could have been issued, each month's overpayment
subsequent to that notice must be considered a client error overpayment under section
119B.11, subdivision 2a, or 256P.08. Changes in circumstances that must be reported within
ten days must also be reported for the reporting period in which those changes occurred.
Within ten days, an assistance unit must report:
deleted text end
deleted text begin
(1) a change in earned income of $100 per month or greater with the exception of a
program under chapter 119B;
deleted text end
deleted text begin
(2) a change in unearned income of $50 per month or greater with the exception of a
program under chapter 119B;
deleted text end
deleted text begin
(3) a change in employment status and hours with the exception of a program under
chapter 119B;
deleted text end
deleted text begin
(4) a change in address or residence;
deleted text end
deleted text begin
(5) a change in household composition with the exception of programs under chapter
256I;
deleted text end
deleted text begin
(6) a receipt of a lump-sum payment with the exception of a program under chapter
119B;
deleted text end
deleted text begin
(7) an increase in assets if over $9,000 with the exception of programs under chapter
119B;
deleted text end
deleted text begin
(8) a change in citizenship or immigration status;
deleted text end
deleted text begin
(9) a change in family status with the exception of programs under chapter 256I;
deleted text end
deleted text begin
(10) a change in disability status of a unit member, with the exception of programs under
chapter 119B;
deleted text end
deleted text begin
(11) a new rent subsidy or a change in rent subsidy with the exception of a program
under chapter 119B; and
deleted text end
deleted text begin
(12) a sale, purchase, or transfer of real property with the exception of a program under
chapter 119B.
deleted text end
new text begin
(a) An assistance unit must report changes or anticipated changes as described in this
subdivision.
new text end
new text begin
(b) An assistance unit must report:
new text end
new text begin
(1) a change in eligibility for Supplemental Security Income, Retirement Survivors
Disability Insurance, or another federal income support;
new text end
new text begin
(2) a change in address or residence;
new text end
new text begin
(3) a change in household composition with the exception of programs under chapter
256I;
new text end
new text begin
(4) cash prizes and winnings according to guidance provided for the Supplemental
Nutrition Assistance Program;
new text end
new text begin
(5) a change in citizenship or immigration status;
new text end
new text begin
(6) a change in family status with the exception of programs under chapter 256I; and
new text end
new text begin
(7) a change that makes the value of the unit's assets at or above the asset limit.
new text end
new text begin
(c) When an agency could have reduced or terminated assistance for one or more payment
months if a delay in reporting a change specified under paragraph (b) had not occurred, the
agency must determine whether the agency could have issued a timely notice on the day
that the change occurred. When a timely notice could have been issued, each month's
overpayment subsequent to the notice must be considered a client error overpayment under
section 256P.08.
new text end
Sec. 38.
Minnesota Statutes 2020, section 256P.07, subdivision 4, is amended to read:
Subd. 4.
MFIP-specific reporting.
In addition to subdivision 3, an assistance unit under
chapter 256Jdeleted text begin , within ten days of the change,deleted text end must report:
(1) a pregnancy not resulting in birth when there are no other minor children; deleted text begin and
deleted text end
(2) a change in school attendance of a parent under 20 years of age deleted text begin or of an employed
child.deleted text end new text begin ; and
new text end
new text begin
(3) an individual in the household who is 18 or 19 years of age attending high school
who graduates or drops out of school.
new text end
Sec. 39.
Minnesota Statutes 2020, section 256P.07, subdivision 6, is amended to read:
Subd. 6.
Child care assistance programs-specific reporting.
(a) deleted text begin In addition to
subdivision 3,deleted text end An assistance unit under chapter 119B, within ten days of the change, must
report:
(1) a change in a parentally responsible individual's custody schedule for any child
receiving child care assistance program benefits;
(2) a permanent end in a parentally responsible individual's authorized activity; deleted text begin and
deleted text end
(3) if the unit's family's annual included income exceeds 85 percent of the state median
income, adjusted for family sizedeleted text begin .deleted text end new text begin ;
new text end
new text begin
(4) a change in address or residence;
new text end
new text begin
(5) a change in household composition;
new text end
new text begin
(6) a change in citizenship or immigration status; and
new text end
new text begin
(7) a change in family status.
new text end
(b) An assistance unit subject to section 119B.095, subdivision 1, paragraph (b), must
report a change in the unit's authorized activity status.
(c) An assistance unit must notify the county when the unit wants to reduce the number
of authorized hours for children in the unit.
Sec. 40.
Minnesota Statutes 2020, section 256P.07, subdivision 7, is amended to read:
Subd. 7.
Minnesota supplemental aid-specific reporting.
new text begin (a) new text end In addition to subdivision
3, an assistance unit participating in the Minnesota supplemental aid program under deleted text begin section
256D.44, subdivision 5, paragraph (g), within ten days of the change,deleted text end new text begin chapter 256D and not
receiving Supplemental Security Incomenew text end must report deleted text begin shelter expenses.deleted text end new text begin :
new text end
new text begin
(1) a change in unearned income of $50 per month or greater; and
new text end
new text begin
(2) a change in earned income of $100 per month or greater.
new text end
new text begin
(b) An assistance unit receiving housing assistance under section 256D.44, subdivision
5, paragraph (g), including assistance units that also receive Supplemental Security Income,
must report:
new text end
new text begin
(1) a change in shelter expenses; and
new text end
new text begin
(2) a new rent subsidy or a change in rent subsidy.
new text end
Sec. 41.
Minnesota Statutes 2020, section 256P.07, is amended by adding a subdivision
to read:
new text begin Subd. 8. new text end
new text begin Housing support-specific reporting. new text end
new text begin
(a) In addition to subdivision 3, an
assistance unit participating in the housing support program under chapter 256I and not
receiving Supplemental Security Income must report:
new text end
new text begin
(1) a change in unearned income of $50 per month or greater; and
new text end
new text begin
(2) a change in earned income of $100 per month or greater, unless the assistance unit
is already subject to six-month reporting requirements in section 256P.10.
new text end
new text begin
(b) Notwithstanding the exemptions in subdivisions 1 and 3, an assistance unit receiving
housing support under chapter 256I, including an assistance unit that receives Supplemental
Security Income, must report:
new text end
new text begin
(1) a new rent subsidy or a change in rent subsidy;
new text end
new text begin
(2) a change in the disability status of a unit member; and
new text end
new text begin
(3) a change in household composition if the assistance unit is a participant in housing
support under section 256I.04, subdivision 3, paragraph (a), clause (3).
new text end
Sec. 42.
Minnesota Statutes 2020, section 256P.07, is amended by adding a subdivision
to read:
new text begin Subd. 9. new text end
new text begin General assistance-specific reporting. new text end
new text begin
In addition to subdivision 3, an
assistance unit participating in the general assistance program under chapter 256D must
report:
new text end
new text begin
(1) a change in unearned income of $50 per month or greater;
new text end
new text begin
(2) a change in earned income of $100 per month or greater, unless the assistance unit
is already subject to six-month reporting requirements in section 256P.10; and
new text end
new text begin
(3) changes in any condition that would result in the loss of basis for eligibility in section
256D.05, subdivision 1, paragraph (a).
new text end
Sec. 43.
Minnesota Statutes 2020, section 256P.08, subdivision 2, is amended to read:
Subd. 2.
Scope of overpayment.
(a) When a participant or former participant receives
an overpayment due to client or ATM error, or due to assistance received while an appeal
is pending and the participant or former participant is determined ineligible for assistance
or for less assistance than was received, except as provided for interim assistance in section
256D.06, subdivision 5, the county agency must recoup or recover the overpayment using
the following methods:
(1) reconstruct each affected budget month and corresponding payment month;
(2) use the policies and procedures that were in effect for the payment month; and
(3) do not allow employment disregards in the calculation of the overpayment when the
unit has not reported within two calendar months following the end of the month in which
the income was received.
(b) Establishment of an overpayment is limited to six years prior to the month of discovery
due to client error or an intentional program violation determined under section 256.046.
(c) A participant or former participant is not responsible for overpayments due to agency
errordeleted text begin , unless the amount of the overpayment is large enough that a reasonable person would
know it is an errordeleted text end .
Sec. 44.
new text begin
[256P.09] PROSPECTIVE BUDGETING OF BENEFITS.
new text end
new text begin Subdivision 1. new text end
new text begin Exempted programs. new text end
new text begin
Assistance units that qualify for child care
assistance programs under chapter 119B, assistance units that receive housing support under
chapter 256I and are not subject to reporting under section 256P.10, and assistance units
that qualify for Minnesota supplemental aid under chapter 256D are exempt from this
section.
new text end
new text begin Subd. 2. new text end
new text begin Prospective budgeting of benefits. new text end
new text begin
An agency subject to this chapter must use
prospective budgeting to calculate the assistance payment amount.
new text end
new text begin Subd. 3. new text end
new text begin Initial income. new text end
new text begin
For the purpose of determining an assistance unit's level of
benefits, an agency must take into account the income already received by the assistance
unit during or anticipated to be received during the application period. Income anticipated
to be received only in the initial month of eligibility should only be counted in the initial
month.
new text end
new text begin Subd. 4. new text end
new text begin Income determination. new text end
new text begin
An agency must use prospective budgeting to determine
the amount of the assistance unit's benefit for the eligibility period based on the best
information available at the time of approval. An agency shall only count anticipated income
when the participant and the agency are reasonably certain of the amount of the payment
and the month in which the payment will be received. If the exact amount of the income is
not known, the agency shall consider only the amounts that can be anticipated as income.
new text end
new text begin Subd. 5. new text end
new text begin Income changes. new text end
new text begin
An increase in income shall not affect an assistance unit's
eligibility or benefit amount until the next review unless otherwise required to be reported
in section 256P.07. A decrease in income shall be effective on the date that the change
occurs if the change is reported by the tenth of the month following the month when the
change occurred. If the assistant unit does not report the change in income by the tenth of
the month following the month when the change occurred, the change in income shall be
effective on the date the change was reported.
new text end
Sec. 45. new text begin HOMELESSNESS AND HOUSING STABILITY WORKFORCE STUDY.
new text end
new text begin
The commissioner of human services must conduct a survey to study workforce
information, including average wage and benefits, among other elements, for workers in
emergency shelters, transitional housing, street outreach, and site-based housing for long-term
homeless supportive services programs. The commissioner must submit a report to the
chairs and ranking minority members of the legislative committees and divisions with
jurisdiction over housing and homelessness issues by February 1, 2024. The report must
comply with Minnesota Statutes, sections 3.195 and 3.197.
new text end
Sec. 46. new text begin DIRECTION TO THE COMMISSIONER OF HUMAN SERVICES; CHILD
CARE AND DEVELOPMENT FUND ALLOCATION.
new text end
new text begin
The commissioner of human services shall allocate $75,364,000 in fiscal year 2023 from
the child care and development fund for rate and registration fee increases under Minnesota
Statutes, section 119B.13, subdivision 1, paragraphs (a) and (j). This is a onetime allocation.
new text end
Sec. 47. new text begin REPEALER.
new text end
new text begin
(a)
new text end
new text begin
Minnesota Statutes 2020, sections 256J.08, subdivisions 10, 61, 62, 81, and 83;
256J.30, subdivisions 5 and 7; 256J.33, subdivisions 3 and 5; 256J.34, subdivisions 1, 2, 3,
and 4; and 256J.37, subdivision 10,
new text end
new text begin
are repealed.
new text end
new text begin
(b)
new text end
new text begin
Minnesota Statutes 2021 Supplement, sections 256J.08, subdivision 53; 256J.30,
subdivision 8; and 256J.33, subdivision 4,
new text end
new text begin
are repealed.
new text end
ARTICLE 3
BEHAVIORAL HEALTH
Section 1.
Minnesota Statutes 2020, section 62N.25, subdivision 5, is amended to read:
Subd. 5.
Benefits.
Community integrated service networks must offer the health
maintenance organization benefit set, as defined in chapter 62D, and other laws applicable
to entities regulated under chapter 62D. Community networks and chemical dependency
facilities under contract with a community network shall use the assessment criteria in
deleted text begin Minnesota Rules, parts 9530.6600 to 9530.6655,deleted text end new text begin section 245G.05new text end when assessing enrollees
for chemical dependency treatment.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022.
new text end
Sec. 2.
Minnesota Statutes 2020, section 62Q.1055, is amended to read:
62Q.1055 CHEMICAL DEPENDENCY.
All health plan companies shall use the assessment criteria in deleted text begin Minnesota Rules, parts
9530.6600 to 9530.6655,deleted text end new text begin section 245G.05new text end when assessing and deleted text begin placingdeleted text end new text begin treatingnew text end enrollees
for chemical dependency treatment.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022.
new text end
Sec. 3.
Minnesota Statutes 2020, section 62Q.47, is amended to read:
62Q.47 ALCOHOLISM, MENTAL HEALTH, AND CHEMICAL DEPENDENCY
SERVICES.
(a) All health plans, as defined in section 62Q.01, that provide coverage for alcoholism,
mental health, or chemical dependency services, must comply with the requirements of this
section.
(b) Cost-sharing requirements and benefit or service limitations for outpatient mental
health and outpatient chemical dependency and alcoholism services, except for persons
deleted text begin placed indeleted text end new text begin seekingnew text end chemical dependency services under deleted text begin Minnesota Rules, parts 9530.6600
to 9530.6655deleted text end new text begin section 245G.05new text end , must not place a greater financial burden on the insured or
enrollee, or be more restrictive than those requirements and limitations for outpatient medical
services.
(c) Cost-sharing requirements and benefit or service limitations for inpatient hospital
mental health and inpatient hospital and residential chemical dependency and alcoholism
services, except for persons deleted text begin placed indeleted text end new text begin seekingnew text end chemical dependency services under deleted text begin Minnesota
Rules, parts 9530.6600 to 9530.6655deleted text end new text begin section 245G.05new text end , must not place a greater financial
burden on the insured or enrollee, or be more restrictive than those requirements and
limitations for inpatient hospital medical services.
(d) A health plan company must not impose an NQTL with respect to mental health and
substance use disorders in any classification of benefits unless, under the terms of the health
plan as written and in operation, any processes, strategies, evidentiary standards, or other
factors used in applying the NQTL to mental health and substance use disorders in the
classification are comparable to, and are applied no more stringently than, the processes,
strategies, evidentiary standards, or other factors used in applying the NQTL with respect
to medical and surgical benefits in the same classification.
(e) All health plans must meet the requirements of the federal Mental Health Parity Act
of 1996, Public Law 104-204; Paul Wellstone and Pete Domenici Mental Health Parity and
Addiction Equity Act of 2008; the Affordable Care Act; and any amendments to, and federal
guidance or regulations issued under, those acts.
(f) The commissioner may require information from health plan companies to confirm
that mental health parity is being implemented by the health plan company. Information
required may include comparisons between mental health and substance use disorder
treatment and other medical conditions, including a comparison of prior authorization
requirements, drug formulary design, claim denials, rehabilitation services, and other
information the commissioner deems appropriate.
(g) Regardless of the health care provider's professional license, if the service provided
is consistent with the provider's scope of practice and the health plan company's credentialing
and contracting provisions, mental health therapy visits and medication maintenance visits
shall be considered primary care visits for the purpose of applying any enrollee cost-sharing
requirements imposed under the enrollee's health plan.
(h) By June 1 of each year, beginning June 1, 2021, the commissioner of commerce, in
consultation with the commissioner of health, shall submit a report on compliance and
oversight to the chairs and ranking minority members of the legislative committees with
jurisdiction over health and commerce. The report must:
(1) describe the commissioner's process for reviewing health plan company compliance
with United States Code, title 42, section 18031(j), any federal regulations or guidance
relating to compliance and oversight, and compliance with this section and section 62Q.53;
(2) identify any enforcement actions taken by either commissioner during the preceding
12-month period regarding compliance with parity for mental health and substance use
disorders benefits under state and federal law, summarizing the results of any market conduct
examinations. The summary must include: (i) the number of formal enforcement actions
taken; (ii) the benefit classifications examined in each enforcement action; and (iii) the
subject matter of each enforcement action, including quantitative and nonquantitative
treatment limitations;
(3) detail any corrective action taken by either commissioner to ensure health plan
company compliance with this section, section 62Q.53, and United States Code, title 42,
section 18031(j); and
(4) describe the information provided by either commissioner to the public about
alcoholism, mental health, or chemical dependency parity protections under state and federal
law.
The report must be written in nontechnical, readily understandable language and must be
made available to the public by, among other means as the commissioners find appropriate,
posting the report on department websites. Individually identifiable information must be
excluded from the report, consistent with state and federal privacy protections.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022.
new text end
Sec. 4.
Minnesota Statutes 2020, section 169A.70, subdivision 3, is amended to read:
Subd. 3.
Assessment report.
(a) The assessment report must be on a form prescribed
by the commissioner and shall contain an evaluation of the convicted defendant concerning
the defendant's prior traffic and criminal record, characteristics and history of alcohol and
chemical use problems, and amenability to rehabilitation through the alcohol safety program.
The report is classified as private data on individuals as defined in section 13.02, subdivision
12.
(b) The assessment report must include:
(1) a diagnosis of the nature of the offender's chemical and alcohol involvement;
(2) an assessment of the severity level of the involvement;
(3) a recommended level of care for the offender in accordance with the criteria contained
in deleted text begin rules adopted by the commissioner of human services under section 254A.03, subdivision
3 (chemical dependency treatment rules)deleted text end new text begin section 245G.05new text end ;
(4) an assessment of the offender's placement needs;
(5) recommendations for other appropriate remedial action or care, including aftercare
services in section 254B.01, subdivision 3, that may consist of educational programs,
one-on-one counseling, a program or type of treatment that addresses mental health concerns,
or a combination of them; and
(6) a specific explanation why no level of care or action was recommended, if applicable.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022.
new text end
Sec. 5.
Minnesota Statutes 2020, section 169A.70, subdivision 4, is amended to read:
Subd. 4.
Assessor standards; rules; assessment time limits.
A chemical use assessment
required by this section must be conducted by an assessor appointed by the court. The
assessor must meet the training and qualification requirements of deleted text begin rules adopted by the
commissioner of human services under section 254A.03, subdivision 3 (chemical dependency
treatment rules)deleted text end new text begin section 245G.11, subdivisions 1 and 5new text end . Notwithstanding section 13.82 (law
enforcement data), the assessor shall have access to any police reports, laboratory test results,
and other law enforcement data relating to the current offense or previous offenses that are
necessary to complete the evaluation. deleted text begin An assessor providing an assessment under this section
may not have any direct or shared financial interest or referral relationship resulting in
shared financial gain with a treatment provider, except as authorized under section 254A.19,
subdivision 3. If an independent assessor is not available, the court may use the services of
an assessor authorized to perform assessments for the county social services agency under
a variance granted under rules adopted by the commissioner of human services under section
254A.03, subdivision 3.deleted text end An appointment for the defendant to undergo the assessment must
be made by the court, a court services probation officer, or the court administrator as soon
as possible but in no case more than one week after the defendant's court appearance. The
assessment must be completed no later than three weeks after the defendant's court
appearance. If the assessment is not performed within this time limit, the county where the
defendant is to be sentenced shall perform the assessment. The county of financial
responsibility must be determined under chapter 256G.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022.
new text end
Sec. 6.
new text begin
[245.4866] CHILDREN'S MENTAL HEALTH COMMUNITY OF
PRACTICE.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment; purpose. new text end
new text begin
The commissioner of human services, in
consultation with children's mental health subject matter experts, shall establish a children's
mental health community of practice. The purposes of the community of practice are to
improve treatment outcomes for children and adolescents with mental illness and reduce
disparities. The community of practice shall use evidence-based and best practices through
peer-to-peer and person-to-provider sharing.
new text end
new text begin Subd. 2. new text end
new text begin Participants; meetings. new text end
new text begin
(a) The community of practice must include the
following participants:
new text end
new text begin
(1) researchers or members of the academic community who are children's mental health
subject matter experts who do not have financial relationships with treatment providers;
new text end
new text begin
(2) children's mental health treatment providers;
new text end
new text begin
(3) a representative from a mental health advocacy organization;
new text end
new text begin
(4) a representative from the Department of Human Services;
new text end
new text begin
(5) a representative from the Department of Health;
new text end
new text begin
(6) a representative from the Department of Education;
new text end
new text begin
(7) representatives from county social services agencies;
new text end
new text begin
(8) representatives from Tribal nations or Tribal social services providers; and
new text end
new text begin
(9) representatives from managed care organizations.
new text end
new text begin
(b) The community of practice must include, to the extent possible, individuals and
family members who have used mental health treatment services and must highlight the
voices and experiences of individuals who are Black, Indigenous, people of color, and
people from other communities that are disproportionately impacted by mental illness.
new text end
new text begin
(c) The community of practice must meet regularly and must hold its first meeting before
January 1, 2023.
new text end
new text begin
(d) Compensation and reimbursement for expenses for participants in paragraph (b) are
governed by section 15.059, subdivision 3.
new text end
new text begin Subd. 3. new text end
new text begin Duties. new text end
new text begin
(a) The community of practice must:
new text end
new text begin
(1) identify gaps in children's mental health treatment services;
new text end
new text begin
(2) enhance collective knowledge of issues related to children's mental health;
new text end
new text begin
(3) understand evidence-based practices, best practices, and promising approaches to
address children's mental health;
new text end
new text begin
(4) use knowledge gathered through the community of practice to develop strategic plans
to improve outcomes for children who participate in mental health treatment and related
services in Minnesota;
new text end
new text begin
(5) increase knowledge about the challenges and opportunities learned by implementing
strategies; and
new text end
new text begin
(6) develop capacity for community advocacy.
new text end
new text begin
(b) The commissioner, in collaboration with subject matter experts and other participants,
may issue reports and recommendations to the chairs and ranking minority members of the
legislative committees with jurisdiction over health and human services policy and finance
and to local and regional governments.
new text end
Sec. 7.
Minnesota Statutes 2021 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 emotional disturbances or severe emotional
disturbances who are at risk of out-of-home placementnew text begin or already in out-of-home placement
in family foster settings as defined in chapter 245A and at risk of change in out-of-home
placement or placement in a residential facility or other higher level of care. Allowable
activities and expenses for respite care services are defined under subdivision 4new text end . A child is
not required to have case management services to receive respite care services;
(4) children's mental health crisis services;
(5) mental health services for people from cultural and ethnic minorities, including
supervision of clinical trainees who are Black, indigenous, or people of color;
(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 under section 245.4901;
(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
website 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;
(16) psychiatric consultation for primary care practitioners; deleted text begin and
deleted text end
(17) providers to begin operations and meet program requirements when establishing a
new children's mental health program. These may be start-up grantsdeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(18) evidence-informed interventions for youth and young adults who are at risk of
developing a mood disorder or are experiencing an emerging mood disorder, including
major depression and bipolar disorders, and a public awareness campaign on the signs and
symptoms of mood disorders in youth and young adults.
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 this paragraph must be
designed to foster independent living in the community.
(d) As a condition of receiving grant funds, a grantee shall obtain all available third-party
reimbursement sources, if applicable.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022.
new text end
Sec. 8.
Minnesota Statutes 2020, section 245.4889, is amended by adding a subdivision
to read:
new text begin Subd. 4. new text end
new text begin Respite care services. new text end
new text begin
Respite care services under subdivision 1, paragraph
(b), clause (3), include hourly or overnight stays at a licensed foster home or with a qualified
and approved family member or friend and may occur at a child's or provider's home. Respite
care services may also include the following activities and expenses:
new text end
new text begin
(1) recreational, sport, and nonsport extracurricular activities and programs for the child
including camps, clubs, activities, lessons, group outings, sports, or other activities and
programs;
new text end
new text begin
(2) family activities, camps, and retreats that the family does together and provide a
break from the family's circumstance;
new text end
new text begin
(3) cultural programs and activities for the child and family designed to address the
unique needs of individuals who share a common language, racial, ethnic, or social
background; and
new text end
new text begin
(4) costs of transportation, food, supplies, and equipment directly associated with
approved respite care services and expenses necessary for the child and family to access
and participate in respite care services.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022.
new text end
Sec. 9.
new text begin
[245.4903] FIRST EPISODE OF PSYCHOSIS GRANT PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Creation. new text end
new text begin
The first episode of psychosis grant program is established in
the Department of Human Services to fund 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. First episode of psychosis services are eligible for
children's mental health grants as specified in section 245.4889, subdivision 1, paragraph
(b), clause (15).
new text end
new text begin Subd. 2. new text end
new text begin Activities. new text end
new text begin
(a) All first episode of psychosis grant programs must:
new text end
new text begin
(1) provide intensive treatment and support for adolescents and adults experiencing or
at risk of experiencing a first psychotic episode. Intensive treatment and support includes
medication management, psychoeducation for an individual and an individual's family, case
management, employment support, education support, cognitive behavioral approaches,
social skills training, peer support, crisis planning, and stress management;
new text end
new text begin
(2) conduct outreach and provide training and guidance to mental health and health care
professionals, including postsecondary health clinicians, on early psychosis symptoms,
screening tools, and best practices;
new text end
new text begin
(3) ensure access for individuals to first psychotic episode services under this section,
including access for individuals who live in rural areas; and
new text end
new text begin
(4) use all available funding streams.
new text end
new text begin
(b) Grant money may also be used to pay for housing or travel expenses for individuals
receiving services or to address other barriers preventing individuals and their families from
participating in first psychotic episode services.
new text end
new text begin Subd. 3. new text end
new text begin Eligibility. new text end
new text begin
Program activities must be provided to people 15 to 40 years old
with early signs of psychosis.
new text end
new text begin Subd. 4. new text end
new text begin Outcomes. new text end
new text begin
Evaluation of program activities must utilize evidence-based
practices and must include the following outcome evaluation criteria:
new text end
new text begin
(1) whether individuals experience a reduction in psychotic symptoms;
new text end
new text begin
(2) whether individuals experience a decrease in inpatient mental health hospitalizations;
and
new text end
new text begin
(3) whether individuals experience an increase in educational attainment.
new text end
new text begin Subd. 5. new text end
new text begin Federal aid or grants. new text end
new text begin
The commissioner of human services must comply with
all conditions and requirements necessary to receive federal aid or grants.
new text end
Sec. 10.
new text begin
[245.4904] EMERGING MOOD DISORDER GRANT PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Creation. new text end
new text begin
(a) The emerging mood disorder grant program is established
in the Department of Human Services to fund:
new text end
new text begin
(1) evidence-informed interventions for youth and young adults who are at risk of
developing a mood disorder or are experiencing an emerging mood disorder, including
major depression and bipolar disorders; and
new text end
new text begin
(2) a public awareness campaign on the signs and symptoms of mood disorders in youth
and young adults.
new text end
new text begin
(b) Emerging mood disorder services are eligible for children's mental health grants as
specified in section 245.4889, subdivision 1, paragraph (b), clause (18).
new text end
new text begin Subd. 2. new text end
new text begin Activities. new text end
new text begin
(a) All emerging mood disorder grant programs must:
new text end
new text begin
(1) provide intensive treatment and support to adolescents and young adults experiencing
or at risk of experiencing an emerging mood disorder. Intensive treatment and support
includes medication management, psychoeducation for the individual and the individual's
family, case management, employment support, education support, cognitive behavioral
approaches, social skills training, peer support, crisis planning, and stress management;
new text end
new text begin
(2) conduct outreach and provide training and guidance to mental health and health care
professionals, including postsecondary health clinicians, on early symptoms of mood
disorders, screening tools, and best practices;
new text end
new text begin
(3) ensure access for individuals to emerging mood disorder services under this section,
including ensuring access for individuals who live in rural areas; and
new text end
new text begin
(4) use all available funding streams.
new text end
new text begin
(b) Grant money may also be used to pay for housing or travel expenses for individuals
receiving services or to address other barriers preventing individuals and their families from
participating in emerging mood disorder services.
new text end
new text begin
(c) Grant money may be used by the grantee to evaluate the efficacy of providing
intensive services and supports to people with emerging mood disorders.
new text end
new text begin Subd. 3. new text end
new text begin Eligibility. new text end
new text begin
Program activities must be provided to youth and young adults with
early signs of an emerging mood disorder.
new text end
new text begin Subd. 4. new text end
new text begin Outcomes. new text end
new text begin
Evaluation of program activities must utilize evidence-based
practices and must include the following outcome evaluation criteria:
new text end
new text begin
(1) whether individuals experience a reduction in mood disorder symptoms; and
new text end
new text begin
(2) whether individuals experience a decrease in inpatient mental health hospitalizations.
new text end
Sec. 11.
Minnesota Statutes 2020, section 245.713, subdivision 2, is amended to read:
Subd. 2.
Total funds available; allocation.
Funds granted to the state by the federal
government under United States Code, title 42, sections 300X to 300X-9 each federal fiscal
year for mental health services must be allocated as follows:
(a) Any amount set aside by the commissioner of human services for American Indian
organizations within the state, which funds shall not duplicate any direct federal funding of
American Indian organizations and which funds shall be at least 25 percent of the total
federal allocation to the state for mental health servicesdeleted text begin ; provided that sufficient applications
for funding are received by the commissioner which meet the specifications contained in
requests for proposalsdeleted text end . Money from this source may be used for special committees to advise
the commissioner on mental health programs and services for American Indians and other
minorities or underserved groups. For purposes of this subdivision, "American Indian
organization" means an American Indian tribe or band or an organization providing mental
health services that is legally incorporated as a nonprofit organization registered with the
secretary of state and governed by a board of directors having at least a majority of American
Indian directors.
(b) An amount not to exceed five percent of the federal block grant allocation for mental
health services to be retained by the commissioner for administration.
(c) Any amount permitted under federal law which the commissioner approves for
demonstration or research projects for severely disturbed children and adolescents, the
underserved, special populations or multiply disabled mentally ill persons. The groups to
be served, the extent and nature of services to be provided, the amount and duration of any
grant awards are to be based on criteria set forth in the Alcohol, Drug Abuse and Mental
Health Block Grant Law, United States Code, title 42, sections 300X to 300X-9, and on
state policies and procedures determined necessary by the commissioner. Grant recipients
must comply with applicable state and federal requirements and demonstrate fiscal and
program management capabilities that will result in provision of quality, cost-effective
services.
(d) The amount required under federal law, for federally mandated expenditures.
(e) An amount not to exceed 15 percent of the federal block grant allocation for mental
health services to be retained by the commissioner for planning and evaluation.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022.
new text end
Sec. 12.
new text begin
[245.991] PROJECTS FOR ASSISTANCE IN TRANSITION FROM
HOMELESSNESS PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Creation. new text end
new text begin
The projects for assistance in transition from homelessness
program is established in the Department of Human Services to prevent or end homelessness
for people with serious mental illness and substance use disorders and ensure the
commissioner may achieve the goals of the housing mission statement in section 245.461,
subdivision 4.
new text end
new text begin Subd. 2. new text end
new text begin Activities. new text end
new text begin
All projects for assistance in transition from homelessness must
provide homeless outreach and case management services. Projects may provide clinical
assessment, habilitation and rehabilitation services, community mental health services,
substance use disorder treatment, housing transition and sustaining services, direct assistance
funding, and other activities as determined by the commissioner.
new text end
new text begin Subd. 3. new text end
new text begin Eligibility. new text end
new text begin
Program activities must be provided to people with serious mental
illness or a substance use disorder who meet homeless criteria determined by the
commissioner. People receiving homeless outreach may be presumed eligible until a serious
mental illness or a substance use disorder can be verified.
new text end
new text begin Subd. 4. new text end
new text begin Outcomes. new text end
new text begin
Evaluation of each project must include the following outcome
evaluation criteria:
new text end
new text begin
(1) whether people are contacted through homeless outreach services;
new text end
new text begin
(2) whether people are enrolled in case management services;
new text end
new text begin
(3) whether people access behavioral health services; and
new text end
new text begin
(4) whether people transition from homelessness to housing.
new text end
new text begin Subd. 5. new text end
new text begin Federal aid or grants. new text end
new text begin
The commissioner of human services must comply with
all conditions and requirements necessary to receive federal aid or grants with respect to
homeless services or programs as specified in section 245.70.
new text end
Sec. 13.
new text begin
[245.992] HOUSING WITH SUPPORT FOR BEHAVIORAL HEALTH.
new text end
new text begin Subdivision 1. new text end
new text begin Creation. new text end
new text begin
The housing with support for behavioral health program is
established in the Department of Human Services to prevent or end homelessness for people
with serious mental illness and substance use disorders, increase the availability of housing
with support, and ensure the commissioner may achieve the goals of the housing mission
statement in section 245.461, subdivision 4.
new text end
new text begin Subd. 2. new text end
new text begin Activities. new text end
new text begin
The housing with support for behavioral health program may provide
a range of activities and supportive services to ensure that people obtain and retain permanent
supportive housing. Program activities may include case management, site-based housing
services, housing transition and sustaining services, outreach services, community support
services, direct assistance funding, and other activities as determined by the commissioner.
new text end
new text begin Subd. 3. new text end
new text begin Eligibility. new text end
new text begin
Program activities must be provided to people with a serious mental
illness or a substance use disorder who meet homeless criteria determined by the
commissioner.
new text end
new text begin Subd. 4. new text end
new text begin Outcomes. new text end
new text begin
Evaluation of program activities must utilize evidence-based
practices and must include the following outcome evaluation criteria:
new text end
new text begin
(1) whether housing and activities utilize evidence-based practices;
new text end
new text begin
(2) whether people transition from homelessness to housing;
new text end
new text begin
(3) whether people retain housing; and
new text end
new text begin
(4) whether people are satisfied with their current housing.
new text end
Sec. 14.
Minnesota Statutes 2020, section 245F.03, is amended to read:
245F.03 APPLICATION.
(a) This chapter establishes minimum standards for withdrawal management programs
licensed by the commissioner that serve one or more unrelated persons.
(b) This chapter does not apply to a withdrawal management program licensed as a
hospital under sections 144.50 to 144.581. A withdrawal management program located in
a hospital licensed under sections 144.50 to 144.581 that chooses to be licensed under this
chapter is deemed to be in compliance with section 245F.13.
deleted text begin
(c) Minnesota Rules, parts 9530.6600 to 9530.6655, do not apply to withdrawal
management programs licensed under this chapter.
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022.
new text end
Sec. 15.
Minnesota Statutes 2020, section 245G.05, subdivision 2, is amended to read:
Subd. 2.
Assessment summary.
(a) An alcohol and drug counselor must complete an
assessment summary within three calendar days from the day of service initiation for a
residential program and within three calendar days on which a treatment session has been
provided from the day of service initiation for a client in a nonresidential program. The
comprehensive assessment summary is complete upon a qualified staff member's dated
signature. If the comprehensive assessment is used to authorize the treatment service, the
alcohol and drug counselor must prepare an assessment summary on the same date the
comprehensive assessment is completed. If the comprehensive assessment and assessment
summary are to authorize treatment services, the assessor must determine appropriatenew text begin level
of care andnew text end services for the client using the deleted text begin dimensions in Minnesota Rules, part 9530.6622deleted text end new text begin
criteria established in section 254B.04, subdivision 4new text end , and document the recommendations.
(b) An assessment summary must include:
(1) a risk description according to section 245G.05 for each dimension listed in paragraph
(c);
(2) a narrative summary supporting the risk descriptions; and
(3) a determination of whether the client has a substance use disorder.
(c) An assessment summary must contain information relevant to treatment service
planning and recorded in the dimensions in clauses (1) to (6). The license holder must
consider:
(1) Dimension 1, acute intoxication/withdrawal potential; the client's ability to cope with
withdrawal symptoms and current state of intoxication;
(2) Dimension 2, biomedical conditions and complications; the degree to which any
physical disorder of the client would interfere with treatment for substance use, and the
client's ability to tolerate any related discomfort. The license holder must determine the
impact of continued substance use on the unborn child, if the client is pregnant;
(3) Dimension 3, emotional, behavioral, and cognitive conditions and complications;
the degree to which any condition or complication is likely to interfere with treatment for
substance use or with functioning in significant life areas and the likelihood of harm to self
or others;
(4) Dimension 4, readiness for change; the support necessary to keep the client involved
in treatment service;
(5) Dimension 5, relapse, continued use, and continued problem potential; the degree
to which the client recognizes relapse issues and has the skills to prevent relapse of either
substance use or mental health problems; and
(6) Dimension 6, recovery environment; whether the areas of the client's life are
supportive of or antagonistic to treatment participation and recovery.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022.
new text end
Sec. 16.
Minnesota Statutes 2020, section 245G.22, subdivision 2, is amended to read:
Subd. 2.
Definitions.
(a) For purposes of this section, the terms defined in this subdivision
have the meanings given them.
(b) "Diversion" means the use of a medication for the treatment of opioid addiction being
diverted from intended use of the medication.
(c) "Guest dose" means administration of a medication used for the treatment of opioid
addiction to a person who is not a client of the program that is administering or dispensing
the medication.
(d) "Medical director" means a practitioner licensed to practice medicine in the
jurisdiction that the opioid treatment program is located who assumes responsibility for
administering all medical services performed by the program, either by performing the
services directly or by delegating specific responsibility to a practitioner of the opioid
treatment program.
(e) "Medication used for the treatment of opioid use disorder" means a medication
approved by the Food and Drug Administration for the treatment of opioid use disorder.
(f) "Minnesota health care programs" has the meaning given in section 256B.0636.
(g) "Opioid treatment program" has the meaning given in Code of Federal Regulations,
title 42, section 8.12, and includes programs licensed under this chapter.
deleted text begin
(h) "Placing authority" has the meaning given in Minnesota Rules, part 9530.6605,
subpart 21a.
deleted text end
deleted text begin (i)deleted text end new text begin (h)new text end "Practitioner" means a staff member holding a current, unrestricted license to
practice medicine issued by the Board of Medical Practice or nursing issued by the Board
of Nursing and is currently registered with the Drug Enforcement Administration to order
or dispense controlled substances in Schedules II to V under the Controlled Substances Act,
United States Code, title 21, part B, section 821. Practitioner includes an advanced practice
registered nurse and physician assistant if the staff member receives a variance by the state
opioid treatment authority under section 254A.03 and the federal Substance Abuse and
Mental Health Services Administration.
deleted text begin (j)deleted text end new text begin (i)new text end "Unsupervised use" means the use of a medication for the treatment of opioid use
disorder dispensed for use by a client outside of the program setting.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022.
new text end
Sec. 17.
Minnesota Statutes 2021 Supplement, section 254A.03, subdivision 3, is amended
to read:
Subd. 3.
Rules for substance use disorder care.
(a) deleted text begin The commissioner of human
services shall establish by rule criteria to be used in determining the appropriate level of
chemical dependency care for each recipient of public assistance seeking treatment for
substance misuse or substance use disorder. Upon federal approval of a comprehensive
assessment as a Medicaid benefit, or on July 1, 2018, whichever is later, and notwithstanding
the criteria in Minnesota Rules, parts 9530.6600 to 9530.6655,deleted text end An eligible vendor of
comprehensive assessments under section 254B.05 may determine deleted text begin and approvedeleted text end the
appropriate level of substance use disorder treatment for a recipient of public assistance.
The process for determining an individual's financial eligibility for the behavioral health
fund or determining an individual's enrollment in or eligibility for a publicly subsidized
health plan is not affected by the individual's choice to access a comprehensive assessment
for placement.
(b) The commissioner shall develop and implement a utilization review process for
publicly funded treatment placements to monitor and review the clinical appropriateness
and timeliness of all publicly funded placements in treatment.
(c) If a screen result is positive for alcohol or substance misuse, a brief screening for
alcohol or substance use disorder that is provided to a recipient of public assistance within
a primary care clinic, hospital, or other medical setting or school setting establishes medical
necessity and approval for an initial set of substance use disorder services identified in
section 254B.05, subdivision 5. The initial set of services approved for a recipient whose
screen result is positive may include any combination of up to four hours of individual or
group substance use disorder treatment, two hours of substance use disorder treatment
coordination, or two hours of substance use disorder peer support services provided by a
qualified individual according to chapter 245G. A recipient must obtain an assessment
pursuant to paragraph (a) to be approved for additional treatment services. deleted text begin Minnesota Rules,
parts 9530.6600 to 9530.6655, anddeleted text end A comprehensive assessment pursuant to section 245G.05
deleted text begin are not applicabledeleted text end new text begin is not requirednew text end tonew text begin receivenew text end the initial set of services allowed under this
subdivision. A positive screen result establishes eligibility for the initial set of services
allowed under this subdivision.
(d) deleted text begin Notwithstanding Minnesota Rules, parts 9530.6600 to 9530.6655,deleted text end An individual
may choose to obtain a comprehensive assessment as provided in section 245G.05.
Individuals obtaining a comprehensive assessment may access any enrolled provider that
is licensed to provide the level of service authorized pursuant to section 254A.19, subdivision
3deleted text begin , paragraph (d)deleted text end . If the individual is enrolled in a prepaid health plan, the individual must
comply with any provider network requirements or limitations. deleted text begin This paragraph expires July
1, 2022.
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022.
new text end
Sec. 18.
Minnesota Statutes 2020, section 254A.19, subdivision 1, is amended to read:
Subdivision 1.
Persons arrested outside of home county.
When a chemical use
assessment is required deleted text begin under Minnesota Rules, parts 9530.6600 to 9530.6655,deleted text end for a person
who is arrested and taken into custody by a peace officer outside of the person's county of
residence, the deleted text begin assessment must be completed by the person's county of residence no later
than three weeks after the assessment is initially requested. If the assessment is not performed
within this time limit, the county where the person is to be sentenced shall perform the
assessmentdeleted text end new text begin county where the person is detained must provide access to an assessor qualified
under subdivision 3new text end . The county of financial responsibility is determined under chapter
256G.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022.
new text end
Sec. 19.
Minnesota Statutes 2020, section 254A.19, subdivision 3, is amended to read:
Subd. 3.
deleted text begin Financial conflicts of interestdeleted text end new text begin Comprehensive assessmentsnew text end .
deleted text begin
(a) Except as
provided in paragraph (b), (c), or (d), an assessor conducting a chemical use assessment
under Minnesota Rules, parts 9530.6600 to 9530.6655, may not have any direct or shared
financial interest or referral relationship resulting in shared financial gain with a treatment
provider.
deleted text end
deleted text begin
(b) A county may contract with an assessor having a conflict described in paragraph (a)
if the county documents that:
deleted text end
deleted text begin
(1) the assessor is employed by a culturally specific service provider or a service provider
with a program designed to treat individuals of a specific age, sex, or sexual preference;
deleted text end
deleted text begin
(2) the county does not employ a sufficient number of qualified assessors and the only
qualified assessors available in the county have a direct or shared financial interest or a
referral relationship resulting in shared financial gain with a treatment provider; or
deleted text end
deleted text begin
(3) the county social service agency has an existing relationship with an assessor or
service provider and elects to enter into a contract with that assessor to provide both
assessment and treatment under circumstances specified in the county's contract, provided
the county retains responsibility for making placement decisions.
deleted text end
deleted text begin
(c) The county may contract with a hospital to conduct chemical assessments if the
requirements in subdivision 1a are met.
deleted text end
deleted text begin
An assessor under this paragraph may not place clients in treatment. The assessor shall
gather required information and provide it to the county along with any required
documentation. The county shall make all placement decisions for clients assessed by
assessors under this paragraph.
deleted text end
deleted text begin (d)deleted text end An eligible vendor under section 254B.05 conducting a comprehensive assessment
for an individual seeking treatment shall approve the nature, intensity level, and duration
of treatment service if a need for services is indicated, but the individual assessed can access
any enrolled provider that is licensed to provide the level of service authorized, including
the provider or program that completed the assessment. If an individual is enrolled in a
prepaid health plan, the individual must comply with any provider network requirements
or limitations.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022.
new text end
Sec. 20.
Minnesota Statutes 2021 Supplement, section 254A.19, subdivision 4, is amended
to read:
Subd. 4.
Civil commitments.
deleted text begin A Rule 25 assessment, under Minnesota Rules, part
9530.6615,deleted text end new text begin For the purposes of determining level of care, a comprehensive assessmentnew text end does
not need to be completed for an individual being committed as a chemically dependent
person, as defined in section 253B.02, and for the duration of a civil commitment under
section deleted text begin 253B.065,deleted text end 253B.09deleted text begin ,deleted text end or 253B.095 in order for a county to access the behavioral
health fund under section 254B.04. The county must determine if the individual meets the
financial eligibility requirements for the behavioral health fund under section 254B.04.
deleted text begin Nothing in this subdivision prohibits placement in a treatment facility or treatment program
governed under this chapter or Minnesota Rules, parts 9530.6600 to 9530.6655.
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022.
new text end
Sec. 21.
Minnesota Statutes 2020, section 254A.19, is amended by adding a subdivision
to read:
new text begin Subd. 6. new text end
new text begin Assessments for detoxification programs. new text end
new text begin
For detoxification programs licensed
under chapter 245A according to Minnesota Rules, parts 9530.6510 to 9530.6590, a
"chemical use assessment" means a comprehensive assessment and assessment summary
completed according to section 245G.05 and a "chemical dependency assessor" or "assessor"
means an individual who meets the qualifications of section 245G.11, subdivisions 1 and
5.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022.
new text end
Sec. 22.
Minnesota Statutes 2020, section 254A.19, is amended by adding a subdivision
to read:
new text begin Subd. 7. new text end
new text begin Assessments for children's residential facilities. new text end
new text begin
For children's residential
facilities licensed under chapter 245A according to Minnesota Rules, parts 2960.0010 to
2960.0220 and 2960.0430 to 2960.0500, a "chemical use assessment" means a comprehensive
assessment and assessment summary completed according to section 245G.05 by an
individual who meets the qualifications of section 245G.11, subdivisions 1 and 5.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022.
new text end
Sec. 23.
Minnesota Statutes 2020, section 254B.01, is amended by adding a subdivision
to read:
new text begin Subd. 2a. new text end
new text begin Behavioral health fund. new text end
new text begin
"Behavioral health fund" means money allocated
for payment of treatment services under this chapter.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022.
new text end
Sec. 24.
Minnesota Statutes 2020, section 254B.01, is amended by adding a subdivision
to read:
new text begin Subd. 2b. new text end
new text begin Client. new text end
new text begin
"Client" means an individual who has requested substance use disorder
services, or for whom substance use disorder services have been requested.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022.
new text end
Sec. 25.
Minnesota Statutes 2020, section 254B.01, is amended by adding a subdivision
to read:
new text begin Subd. 2c. new text end
new text begin Co-payment. new text end
new text begin
"Co-payment" means the amount an insured person is obligated
to pay before the person's third-party payment source is obligated to make a payment, or
the amount an insured person is obligated to pay in addition to the amount the person's
third-party payment source is obligated to pay.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022.
new text end
Sec. 26.
Minnesota Statutes 2020, section 254B.01, is amended by adding a subdivision
to read:
new text begin Subd. 4c. new text end
new text begin Department. new text end
new text begin
"Department" means the Department of Human Services.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022.
new text end
Sec. 27.
Minnesota Statutes 2020, section 254B.01, is amended by adding a subdivision
to read:
new text begin Subd. 4d. new text end
new text begin Drug and alcohol abuse normative evaluation system or DAANES. new text end
new text begin
"Drug
and alcohol abuse normative evaluation system" or "DAANES" means the reporting system
used to collect substance use disorder treatment data across all levels of care and providers.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022.
new text end
Sec. 28.
Minnesota Statutes 2020, section 254B.01, subdivision 5, is amended to read:
Subd. 5.
Local agency.
"Local agency" means the agency designated by a board of
county commissioners, a local social services agency, or a human services board deleted text begin to make
placements and submit state invoices according to Laws 1986, chapter 394, sections 8 to
20deleted text end new text begin authorized under section 254B.03, subdivision 1, to determine financial eligibility for
the behavioral health fundnew text end .
Sec. 29.
Minnesota Statutes 2020, section 254B.01, is amended by adding a subdivision
to read:
new text begin Subd. 6a. new text end
new text begin Minor child. new text end
new text begin
"Minor child" means an individual under the age of 18 years.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022.
new text end
Sec. 30.
Minnesota Statutes 2020, section 254B.01, is amended by adding a subdivision
to read:
new text begin Subd. 6b. new text end
new text begin Policy holder. new text end
new text begin
"Policy holder" means a person who has a third-party payment
policy under which a third-party payment source has an obligation to pay all or part of a
client's treatment costs.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022.
new text end
Sec. 31.
Minnesota Statutes 2020, section 254B.01, is amended by adding a subdivision
to read:
new text begin Subd. 9. new text end
new text begin Responsible relative. new text end
new text begin
"Responsible relative" means a person who is a member
of the client's household and is a client's spouse or the parent of a minor child who is a
client.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022.
new text end
Sec. 32.
Minnesota Statutes 2020, section 254B.01, is amended by adding a subdivision
to read:
new text begin Subd. 10. new text end
new text begin Third-party payment source. new text end
new text begin
"Third-party payment source" means a person,
entity, or public or private agency other than medical assistance or general assistance medical
care that has a probable obligation to pay all or part of the costs of a client's substance use
disorder treatment.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022.
new text end
Sec. 33.
Minnesota Statutes 2020, section 254B.01, is amended by adding a subdivision
to read:
new text begin Subd. 11. new text end
new text begin Vendor. new text end
new text begin
"Vendor" means a provider of substance use disorder treatment
services that meets the criteria established in section 254B.05 and that has applied to
participate as a provider in the medical assistance program according to Minnesota Rules,
part 9505.0195.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022.
new text end
Sec. 34.
Minnesota Statutes 2020, section 254B.01, is amended by adding a subdivision
to read:
new text begin Subd. 12. new text end
new text begin
American Society of Addiction Medicine criteria or ASAM
criteria.
new text end
new text begin
"American Society of Addiction Medicine criteria" or "ASAM criteria" means the
clinical guidelines for purposes of the assessment, treatment, placement, and transfer or
discharge of individuals with substance use disorders. The ASAM criteria are contained in
the current edition of the ASAM Criteria: Treatment Criteria for Addictive,
Substance-Related, and Co-Occurring Conditions.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022.
new text end
Sec. 35.
Minnesota Statutes 2020, section 254B.01, is amended by adding a subdivision
to read:
new text begin Subd. 13. new text end
new text begin Skilled treatment services. new text end
new text begin
"Skilled treatment services" means the "treatment
services" described by section 245G.07, subdivisions 1, paragraph (a), clauses (1) to (4);
and 2, clauses (1) to (6). Skilled treatment services must be provided by qualified
professionals as identified in section 245G.07, subdivision 3.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022.
new text end
Sec. 36.
Minnesota Statutes 2020, section 254B.03, subdivision 1, is amended to read:
Subdivision 1.
Local agency duties.
(a) Every local agency deleted text begin shalldeleted text end new text begin must determine financial
eligibility for substance use disorder services andnew text end provide deleted text begin chemical dependencydeleted text end new text begin substance
use disordernew text end services to persons residing within its jurisdiction who meet criteria established
by the commissioner deleted text begin for placement in a chemical dependency residential or nonresidential
treatment servicedeleted text end . Chemical dependency money must be administered by the local agencies
according to law and rules adopted by the commissioner under sections 14.001 to 14.69.
(b) In order to contain costs, the commissioner of human services shall select eligible
vendors of chemical dependency services who can provide economical and appropriate
treatment. Unless the local agency is a social services department directly administered by
a county or human services board, the local agency shall not be an eligible vendor under
section 254B.05. The commissioner may approve proposals from county boards to provide
services in an economical manner or to control utilization, with safeguards to ensure that
necessary services are provided. If a county implements a demonstration or experimental
medical services funding plan, the commissioner shall transfer the money as appropriate.
deleted text begin
(c) A culturally specific vendor that provides assessments under a variance under
Minnesota Rules, part 9530.6610, shall be allowed to provide assessment services to persons
not covered by the variance.
deleted text end
deleted text begin (d) Notwithstanding Minnesota Rules, parts 9530.6600 to 9530.6655,deleted text end new text begin (c) new text end An individual
may choose to obtain a comprehensive assessment as provided in section 245G.05.
Individuals obtaining a comprehensive assessment may access any enrolled provider that
is licensed to provide the level of service authorized pursuant to section 254A.19, subdivision
3deleted text begin , paragraph (d)deleted text end . If the individual is enrolled in a prepaid health plan, the individual must
comply with any provider network requirements or limitations.
deleted text begin (e)deleted text end new text begin (d)new text end Beginning July 1, 2022, local agencies shall not make placement location
determinations.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022.
new text end
Sec. 37.
Minnesota Statutes 2021 Supplement, section 254B.03, subdivision 2, is amended
to read:
Subd. 2.
Behavioral health fund payment.
(a) Payment from the behavioral health
fund is limited to payments for services identified in section 254B.05, other than
detoxification licensed under Minnesota Rules, parts 9530.6510 to 9530.6590, and
detoxification provided in another state that would be required to be licensed as a chemical
dependency program if the program were in the state. Out of state vendors must also provide
the commissioner with assurances that the program complies substantially with state licensing
requirements and possesses all licenses and certifications required by the host state to provide
chemical dependency treatment. Vendors receiving payments from the behavioral health
fund must not require co-payment from a recipient of benefits for services provided under
this subdivision. The vendor is prohibited from using the client's public benefits to offset
the cost of services paid under this section. The vendor shall not require the client to use
public benefits for room or board costs. This includes but is not limited to cash assistance
benefits under chapters 119B, 256D, and 256J, or SNAP benefits. Retention of SNAP
benefits is a right of a client receiving services through the behavioral health fund or through
state contracted managed care entities. Payment from the behavioral health fund shall be
made for necessary room and board costs provided by vendors meeting the criteria under
section 254B.05, subdivision 1a, or in a community hospital licensed by the commissioner
of health according to sections 144.50 to 144.56 to a client who is:
(1) determined to meet the criteria for placement in a residential chemical dependency
treatment program according to rules adopted under section 254A.03, subdivision 3; and
(2) concurrently receiving a chemical dependency treatment service in a program licensed
by the commissioner and reimbursed by the behavioral health fund.
deleted text begin
(b) A county may, from its own resources, provide chemical dependency services for
which state payments are not made. A county may elect to use the same invoice procedures
and obtain the same state payment services as are used for chemical dependency services
for which state payments are made under this section if county payments are made to the
state in advance of state payments to vendors. When a county uses the state system for
payment, the commissioner shall make monthly billings to the county using the most recent
available information to determine the anticipated services for which payments will be made
in the coming month. Adjustment of any overestimate or underestimate based on actual
expenditures shall be made by the state agency by adjusting the estimate for any succeeding
month.
deleted text end
deleted text begin (c)deleted text end new text begin (b)new text end The commissioner shall coordinate chemical dependency services and determine
whether there is a need for any proposed expansion of chemical dependency treatment
services. The commissioner shall deny vendor certification to any provider that has not
received prior approval from the commissioner for the creation of new programs or the
expansion of existing program capacity. The commissioner shall consider the provider's
capacity to obtain clients from outside the state based on plans, agreements, and previous
utilization history, when determining the need for new treatment services.
deleted text begin (d)deleted text end new text begin (c)new text end At least 60 days prior to submitting an application for new licensure under chapter
245G, the applicant must notify the county human services director in writing of the
applicant's intent to open a new treatment program. The written notification must include,
at a minimum:
(1) a description of the proposed treatment program; and
(2) a description of the target population to be served by the treatment program.
deleted text begin (e)deleted text end new text begin (d)new text end The county human services director may submit a written statement to the
commissioner, within 60 days of receiving notice from the applicant, regarding the county's
support of or opposition to the opening of the new treatment program. The written statement
must include documentation of the rationale for the county's determination. The commissioner
shall consider the county's written statement when determining whether there is a need for
the treatment program as required by paragraph deleted text begin (c)deleted text end new text begin (b)new text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022.
new text end
Sec. 38.
Minnesota Statutes 2020, section 254B.03, subdivision 5, is amended to read:
Subd. 5.
Rules; appeal.
The commissioner shall adopt rules as necessary to implement
this chapter. deleted text begin The commissioner shall establish an appeals process for use by recipients when
services certified by the county are disputed. The commissioner shall adopt rules and
standards for the appeal process to assure adequate redress for persons referred to
inappropriate services.
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022.
new text end
Sec. 39.
Minnesota Statutes 2021 Supplement, section 254B.04, subdivision 1, is amended
to read:
Subdivision 1.
new text begin Client new text end eligibility.
(a) Persons eligible for benefits under Code of Federal
Regulations, title 25, part 20, who meet the income standards of section 256B.056,
subdivision 4, and are not enrolled in medical assistance, are entitled to behavioral health
fund services. State money appropriated for this paragraph must be placed in a separate
account established for this purpose.
(b) Persons with dependent children who are determined to be in need of chemical
dependency treatment pursuant to an assessment under section 260E.20, subdivision 1, or
a case plan under section 260C.201, subdivision 6, or 260C.212, shall be assisted by the
local agency to access needed treatment services. Treatment services must be appropriate
for the individual or family, which may include long-term care treatment or treatment in a
facility that allows the dependent children to stay in the treatment facility. The county shall
pay for out-of-home placement costs, if applicable.
(c) Notwithstanding paragraph (a), persons enrolled in medical assistance are eligible
for room and board services under section 254B.05, subdivision 5, paragraph (b), clause
(12).
new text begin
(d) A client is eligible to have substance use disorder treatment paid for with funds from
the behavioral health fund if:
new text end
new text begin
(1) the client is eligible for MFIP as determined under chapter 256J;
new text end
new text begin
(2) the client is eligible for medical assistance as determined under Minnesota Rules,
parts 9505.0010 to 9505.0150;
new text end
new text begin
(3) the client is eligible for general assistance, general assistance medical care, or work
readiness as determined under Minnesota Rules, parts 9500.1200 to 9500.1272; or
new text end
new text begin
(4) the client's income is within current household size and income guidelines for entitled
persons, as defined in this subdivision and subdivision 7.
new text end
new text begin
(e) Clients who meet the financial eligibility requirement in paragraph (a) and who have
a third-party payment source are eligible for the behavioral health fund if the third-party
payment source pays less than 100 percent of the cost of treatment services for eligible
clients.
new text end
new text begin
(f) A client is ineligible to have substance use disorder treatment services paid for by
the behavioral health fund if the client:
new text end
new text begin
(1) has an income that exceeds current household size and income guidelines for entitled
persons, as defined in this subdivision and subdivision 7; or
new text end
new text begin
(2) has an available third-party payment source that will pay the total cost of the client's
treatment.
new text end
new text begin
(g) A client who is disenrolled from a state prepaid health plan during a treatment episode
is eligible for continued treatment service paid for by the behavioral health fund until the
treatment episode is completed or the client is re-enrolled in a state prepaid health plan if
the client:
new text end
new text begin
(1) continues to be enrolled in MinnesotaCare, medical assistance, or general assistance
medical care; or
new text end
new text begin
(2) is eligible according to paragraphs (a) and (b) and is determined eligible by a local
agency under this section.
new text end
new text begin
(h) If a county commits a client under chapter 253B to a regional treatment center for
substance use disorder services and the client is ineligible for the behavioral health fund,
the county is responsible for payment to the regional treatment center according to section
254B.05, subdivision 4.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022.
new text end
Sec. 40.
Minnesota Statutes 2020, section 254B.04, subdivision 2a, is amended to read:
Subd. 2a.
Eligibility for deleted text begin treatment in residential settingsdeleted text end new text begin room and board services
for persons in outpatient substance use disorder treatmentnew text end .
deleted text begin Notwithstanding provisions
of Minnesota Rules, part 9530.6622, subparts 5 and 6, related to an assessor's discretion in
making placements to residential treatment settings,deleted text end A person eligible fornew text begin room and boardnew text end
services under deleted text begin thisdeleted text end sectionnew text begin 254B.05, subdivision 5, paragraph (b), clause (12),new text end must score
at level 4 on assessment dimensions related tonew text begin readiness to change,new text end relapse, continued use,
or recovery environment deleted text begin in orderdeleted text end to be assigned to services with a room and board component
reimbursed under this section. Whether a treatment facility has been designated an institution
for mental diseases under United States Code, title 42, section 1396d, shall not be a factor
in making placements.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022.
new text end
Sec. 41.
Minnesota Statutes 2020, section 254B.04, is amended by adding a subdivision
to read:
new text begin Subd. 4. new text end
new text begin Assessment criteria and risk descriptions. new text end
new text begin
(a) The level of care determination
must follow criteria approved by the commissioner.
new text end
new text begin
(b) Dimension 1: the vendor must use the criteria in Dimension 1 to determine a client's
acute intoxication and withdrawal potential.
new text end
new text begin
(1) "0" The client displays full functioning with good ability to tolerate and cope with
withdrawal discomfort. The client displays no signs or symptoms of intoxication or
withdrawal or diminishing signs or symptoms.
new text end
new text begin
(2) "1" The client can tolerate and cope with withdrawal discomfort. The client displays
mild to moderate intoxication or signs and symptoms interfering with daily functioning but
does not immediately endanger self or others. The client poses minimal risk of severe
withdrawal.
new text end
new text begin
(3) "2" The client has some difficulty tolerating and coping with withdrawal discomfort.
The client's intoxication may be severe, but the client responds to support and treatment
such that the client does not immediately endanger self or others. The client displays moderate
signs and symptoms with moderate risk of severe withdrawal.
new text end
new text begin
(4) "3" The client tolerates and copes with withdrawal discomfort poorly. The client has
severe intoxication, such that the client endangers self or others, or has intoxication that has
not abated with less intensive services. The client displays severe signs and symptoms, risk
of severe but manageable withdrawal, or worsening withdrawal despite detoxification at a
less intensive level.
new text end
new text begin
(5) "4" The client is incapacitated with severe signs and symptoms. The client displays
severe withdrawal and is a danger to self or others.
new text end
new text begin
(c) Dimension 2: the vendor must use the criteria in Dimension 2 to determine a client's
biomedical conditions and complications.
new text end
new text begin
(1) "0" The client displays full functioning with good ability to cope with physical
discomfort.
new text end
new text begin
(2) "1" The client tolerates and copes with physical discomfort and is able to get the
services that the client needs.
new text end
new text begin
(3) "2" The client has difficulty tolerating and coping with physical problems or has
other biomedical problems that interfere with recovery and treatment. The client neglects
or does not seek care for serious biomedical problems.
new text end
new text begin
(4) "3" The client tolerates and copes poorly with physical problems or has poor general
health. The client neglects the client's medical problems without active assistance.
new text end
new text begin
(5) "4" The client is unable to participate in substance use disorder treatment and has
severe medical problems, has a condition that requires immediate intervention, or is
incapacitated.
new text end
new text begin
(d) Dimension 3: the vendor must use the criteria in Dimension 3 to determine a client's
emotional, behavioral, and cognitive conditions and complications.
new text end
new text begin
(1) "0" The client has good impulse control and coping skills and presents no risk of
harm to self or others. The client functions in all life areas and displays no emotional,
behavioral, or cognitive problems or the problems are stable.
new text end
new text begin
(2) "1" The client has impulse control and coping skills. The client presents a mild to
moderate risk of harm to self or others or displays symptoms of emotional, behavioral, or
cognitive problems. The client has a mental health diagnosis and is stable. The client
functions adequately in significant life areas.
new text end
new text begin
(3) "2" The client has difficulty with impulse control and lacks coping skills. The client
has thoughts of suicide or harm to others without means; however, the thoughts may interfere
with participation in some activities. The client has difficulty functioning in significant life
areas. The client has moderate symptoms of emotional, behavioral, or cognitive problems.
The client is able to participate in most treatment activities.
new text end
new text begin
(4) "3" The client has a severe lack of impulse control and coping skills. The client also
has frequent thoughts of suicide or harm to others, including a plan and the means to carry
out the plan. In addition, the client is severely impaired in significant life areas and has
severe symptoms of emotional, behavioral, or cognitive problems that interfere with the
client's participation in treatment activities.
new text end
new text begin
(5) "4" The client has severe emotional or behavioral symptoms that place the client or
others at acute risk of harm. The client also has intrusive thoughts of harming self or others.
The client is unable to participate in treatment activities.
new text end
new text begin
(e) Dimension 4: the vendor must use the criteria in Dimension 4 to determine a client's
readiness for change.
new text end
new text begin
(1) "0" The client admits to problems and is cooperative, motivated, ready to change,
committed to change, and engaged in treatment as a responsible participant.
new text end
new text begin
(2) "1" The client is motivated with active reinforcement to explore treatment and
strategies for change but ambivalent about the client's illness or need for change.
new text end
new text begin
(3) "2" The client displays verbal compliance but lacks consistent behaviors, has low
motivation for change, and is passively involved in treatment.
new text end
new text begin
(4) "3" The client displays inconsistent compliance, has minimal awareness of either
the client's addiction or mental disorder, and is minimally cooperative.
new text end
new text begin
(5) "4" The client is:
new text end
new text begin
(i) noncompliant with treatment and has no awareness of addiction or mental disorder
and does not want or is unwilling to explore change or is in total denial of the client's illness
and its implications; or
new text end
new text begin
(ii) dangerously oppositional to the extent that the client is a threat of imminent harm
to self and others.
new text end
new text begin
(f) Dimension 5: the vendor must use the criteria in Dimension 5 to determine a client's
relapse, continued substance use, and continued problem potential.
new text end
new text begin
(1) "0" The client recognizes risk well and is able to manage potential problems.
new text end
new text begin
(2) "1" The client recognizes relapse issues and prevention strategies, but displays some
vulnerability for further substance use or mental health problems.
new text end
new text begin
(3) "2" The client has minimal recognition and understanding of relapse and recidivism
issues and displays moderate vulnerability for further substance use or mental health
problems. The client has some coping skills inconsistently applied.
new text end
new text begin
(4) "3" The client has poor recognition and understanding of relapse and recidivism
issues and displays moderately high vulnerability for further substance use or mental health
problems. The client has few coping skills and rarely applies coping skills.
new text end
new text begin
(5) "4" The client has no coping skills to arrest mental health or addiction illnesses or
to prevent relapse. The client has no recognition or understanding of relapse and recidivism
issues and displays high vulnerability for further substance use or mental health problems.
new text end
new text begin
(g) Dimension 6: the vendor must use the criteria in Dimension 6 to determine a client's
recovery environment.
new text end
new text begin
(1) "0" The client is engaged in structured, meaningful activity and has a supportive
significant other, family, and living environment.
new text end
new text begin
(2) "1" The client has passive social network support or the client's family and significant
other are not interested in the client's recovery. The client is engaged in structured, meaningful
activity.
new text end
new text begin
(3) "2" The client is engaged in structured, meaningful activity, but the client's peers,
family, significant other, and living environment are unsupportive, or there is criminal
justice system involvement by the client or among the client's peers or significant other or
in the client's living environment.
new text end
new text begin
(4) "3" The client is not engaged in structured, meaningful activity and the client's peers,
family, significant other, and living environment are unsupportive, or there is significant
criminal justice system involvement.
new text end
new text begin
(5) "4" The client has:
new text end
new text begin
(i) a chronically antagonistic significant other, living environment, family, or peer group
or long-term criminal justice system involvement that is harmful to the client's recovery or
treatment progress; or
new text end
new text begin
(ii) an actively antagonistic significant other, family, work, or living environment, with
an immediate threat to the client's safety and well-being.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022.
new text end
Sec. 42.
Minnesota Statutes 2020, section 254B.04, is amended by adding a subdivision
to read:
new text begin Subd. 5. new text end
new text begin Scope and applicability. new text end
new text begin
This section governs administration of the behavioral
health fund, establishes the criteria to be applied by local agencies to determine a client's
financial eligibility under the behavioral health fund, and determines a client's obligation
to pay for substance use disorder treatment services.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022.
new text end
Sec. 43.
Minnesota Statutes 2020, section 254B.04, is amended by adding a subdivision
to read:
new text begin Subd. 6. new text end
new text begin Local agency responsibility to provide services. new text end
new text begin
The local agency may employ
individuals to conduct administrative activities and facilitate access to substance use disorder
treatment services.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022.
new text end
Sec. 44.
Minnesota Statutes 2020, section 254B.04, is amended by adding a subdivision
to read:
new text begin Subd. 7. new text end
new text begin Local agency to determine client financial eligibility. new text end
new text begin
(a) The local agency
shall determine a client's financial eligibility for the behavioral health fund according to
subdivision 1 with the income calculated prospectively for one year from the date of
comprehensive assessment. The local agency shall pay for eligible clients according to
chapter 256G. The local agency shall enter the financial eligibility span within ten calendar
days of request. Client eligibility must be determined using forms prescribed by the
commissioner. The local agency must determine a client's eligibility as follows:
new text end
new text begin
(1) The local agency must determine the client's income. A client who is a minor child
must not be deemed to have income available to pay for substance use disorder treatment,
unless the minor child is responsible for payment under section 144.347 for substance use
disorder treatment services sought under section 144.343, subdivision 1.
new text end
new text begin
(2) The local agency must determine the client's household size according to the
following:
new text end
new text begin
(i) If the client is a minor child, the household size includes the following persons living
in the same dwelling unit:
new text end
new text begin
(A) the client;
new text end
new text begin
(B) the client's birth or adoptive parents; and
new text end
new text begin
(C) the client's siblings who are minors.
new text end
new text begin
(ii) If the client is an adult, the household size includes the following persons living in
the same dwelling unit:
new text end
new text begin
(A) the client;
new text end
new text begin
(B) the client's spouse;
new text end
new text begin
(C) the client's minor children; and
new text end
new text begin
(D) the client's spouse's minor children.
new text end
new text begin
(iii) Household size includes a person listed in items (i) and (ii) who is in out-of-home
placement if a person listed in item (i) or (ii) is contributing to the cost of care of the person
in out-of-home placement.
new text end
new text begin
(3) The local agency must determine the client's current prepaid health plan enrollment
and the availability of a third-party payment source, including the availability of total or
partial payment and the amount of co-payment.
new text end
new text begin
(4) The local agency must provide the required eligibility information to the commissioner
in the manner specified by the commissioner.
new text end
new text begin
(5) The local agency must require the client and policyholder to conditionally assign to
the department the client's and policyholder's rights and the rights of minor children to
benefits or services provided to the client if the commissioner is required to collect from a
third-party payment source.
new text end
new text begin
(b) The local agency must redetermine a client's eligibility for the behavioral health fund
every 12 months.
new text end
new text begin
(c) A client, responsible relative, and policyholder must provide income or wage
verification and household size verification under paragraph (a), clause (3), and must make
an assignment of third-party payment rights under paragraph (a), clause (5). If a client,
responsible relative, or policyholder does not comply with this subdivision, the client is
ineligible for behavioral health fund payment for substance use disorder treatment, and the
client and responsible relative are obligated to pay the full cost of substance use disorder
treatment services provided to the client.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022.
new text end
Sec. 45.
Minnesota Statutes 2020, section 254B.04, is amended by adding a subdivision
to read:
new text begin Subd. 8. new text end
new text begin Client fees. new text end
new text begin
A client whose household income is within current household size
and income guidelines for entitled persons as defined in subdivision 1 must pay no fee.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022.
new text end
Sec. 46.
Minnesota Statutes 2020, section 254B.04, is amended by adding a subdivision
to read:
new text begin Subd. 9. new text end
new text begin Vendor must participate in DAANES. new text end
new text begin
To be eligible for payment under the
behavioral health fund, a vendor must participate in DAANES or submit to the commissioner
the information required in DAANES in the format specified by the commissioner.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022.
new text end
Sec. 47.
Minnesota Statutes 2021 Supplement, section 254B.05, subdivision 4, is amended
to read:
Subd. 4.
Regional treatment centers.
Regional treatment center chemical dependency
treatment units are eligible vendors. The commissioner may expand the capacity of chemical
dependency treatment units beyond the capacity funded by direct legislative appropriation
to serve individuals who are referred for treatment by counties and whose treatment will be
paid for by funding under this chapter or other funding sources. Notwithstanding the
provisions of sections 254B.03 to deleted text begin 254B.041deleted text end new text begin 254B.04new text end , payment for any person committed
at county request to a regional treatment center under chapter 253B for chemical dependency
treatment and determined to be ineligible under the behavioral health fund, shall become
the responsibility of the county.
Sec. 48.
Minnesota Statutes 2021 Supplement, section 254B.05, subdivision 5, is amended
to read:
Subd. 5.
Rate requirements.
(a) The commissioner shall establish rates for substance
use disorder services and service enhancements funded under this chapter.
(b) Eligible substance use disorder treatment services include:
deleted text begin
(1) outpatient treatment services that are licensed according to sections 245G.01 to
245G.17, or applicable tribal license;
deleted text end
new text begin
(1) outpatient treatment services licensed according to sections 245G.01 to 245G.17, or
applicable Tribal license, including:
new text end
new text begin
(i) ASAM 1.0 Outpatient: zero to eight hours per week of skilled treatment services for
adults and zero to five hours per week for adolescents. Peer recovery and treatment
coordination may be provided beyond the skilled treatment service hours allowable per
week; and
new text end
new text begin
(ii) ASAM 2.1 Intensive Outpatient: nine or more hours per week of skilled treatment
services for adults and six or more hours per week for adolescents in accordance with the
limitations in paragraph (h). Peer recovery and treatment coordination may be provided
beyond the skilled treatment service hours allowable per week;
new text end
(2) comprehensive assessments provided according to sections 245.4863, paragraph (a),
and 245G.05;
(3) care coordination services provided according to section 245G.07, subdivision 1,
paragraph (a), clause (5);
(4) peer recovery support services provided according to section 245G.07, subdivision
2, clause (8);
(5) on July 1, 2019, or upon federal approval, whichever is later, withdrawal management
services provided according to chapter 245F;
(6) medication-assisted therapy services that are licensed according to sections 245G.01
to 245G.17 and 245G.22, or applicable tribal license;
(7) medication-assisted therapy plus enhanced treatment services that meet the
requirements of clause (6) and provide nine hours of clinical services each week;
(8) high, medium, and low intensity residential treatment services that are licensed
according to sections 245G.01 to 245G.17 and 245G.21 or applicable tribal license which
provide, respectively, 30, 15, and five hours of clinical services each week;
(9) hospital-based treatment services that are licensed according to sections 245G.01 to
245G.17 or applicable tribal license and licensed as a hospital under sections 144.50 to
144.56;
(10) adolescent treatment programs that are licensed as outpatient treatment programs
according to sections 245G.01 to 245G.18 or as residential treatment programs according
to Minnesota Rules, parts 2960.0010 to 2960.0220, and 2960.0430 to 2960.0490, or
applicable tribal license;
(11) high-intensity residential treatment services that are licensed according to sections
245G.01 to 245G.17 and 245G.21 or applicable tribal license, which provide 30 hours of
clinical services each week provided by a state-operated vendor or to clients who have been
civilly committed to the commissioner, present the most complex and difficult care needs,
and are a potential threat to the community; and
(12) room and board facilities that meet the requirements of subdivision 1a.
(c) The commissioner shall establish higher rates for programs that meet the requirements
of paragraph (b) and one of the following additional requirements:
(1) programs that serve parents with their children if the program:
(i) provides on-site child care during the hours of treatment activity that:
(A) is licensed under chapter 245A as a child care center under Minnesota Rules, chapter
9503; or
(B) meets the licensure exclusion criteria of section 245A.03, subdivision 2, paragraph
(a), clause (6), and meets the requirements under section 245G.19, subdivision 4; or
(ii) arranges for off-site child care during hours of treatment activity at a facility that is
licensed under chapter 245A as:
(A) a child care center under Minnesota Rules, chapter 9503; or
(B) a family child care home under Minnesota Rules, chapter 9502;
(2) culturally specific or culturally responsive programs as defined in section 254B.01,
subdivision 4a;
(3) disability responsive programs as defined in section 254B.01, subdivision 4b;
(4) programs that offer medical services delivered by appropriately credentialed health
care staff in an amount equal to two hours per client per week if the medical needs of the
client and the nature and provision of any medical services provided are documented in the
client file; or
(5) programs that offer services to individuals with co-occurring mental health and
chemical dependency problems if:
(i) the program meets the co-occurring requirements in section 245G.20;
(ii) 25 percent of the counseling staff are licensed mental health professionals, as defined
in section 245.462, subdivision 18, clauses (1) to (6), or are students or licensing candidates
under the supervision of a licensed alcohol and drug counselor supervisor and licensed
mental health professional, except that no more than 50 percent of the mental health staff
may be students or licensing candidates with time documented to be directly related to
provisions of co-occurring services;
(iii) clients scoring positive on a standardized mental health screen receive a mental
health diagnostic assessment within ten days of admission;
(iv) the program has standards for multidisciplinary case review that include a monthly
review for each client that, at a minimum, includes a licensed mental health professional
and licensed alcohol and drug counselor, and their involvement in the review is documented;
(v) family education is offered that addresses mental health and substance abuse disorders
and the interaction between the two; and
(vi) co-occurring counseling staff shall receive eight hours of co-occurring disorder
training annually.
(d) In order to be eligible for a higher rate under paragraph (c), clause (1), a program
that provides arrangements for off-site child care must maintain current documentation at
the chemical dependency facility of the child care provider's current licensure to provide
child care services. Programs that provide child care according to paragraph (c), clause (1),
must be deemed in compliance with the licensing requirements in section 245G.19.
(e) Adolescent residential programs that meet the requirements of Minnesota Rules,
parts 2960.0430 to 2960.0490 and 2960.0580 to 2960.0690, are exempt from the requirements
in paragraph (c), clause (4), items (i) to (iv).
(f) Subject to federal approval, substance use disorder services that are otherwise covered
as direct face-to-face services may be provided via telehealth as defined in section 256B.0625,
subdivision 3b. The use of telehealth to deliver services must be medically appropriate to
the condition and needs of the person being served. Reimbursement shall be at the same
rates and under the same conditions that would otherwise apply to direct face-to-face services.
(g) For the purpose of reimbursement under this section, substance use disorder treatment
services provided in a group setting without a group participant maximum or maximum
client to staff ratio under chapter 245G shall not exceed a client to staff ratio of 48 to one.
At least one of the attending staff must meet the qualifications as established under this
chapter for the type of treatment service provided. A recovery peer may not be included as
part of the staff ratio.
(h) Payment for outpatient substance use disorder services that are licensed according
to sections 245G.01 to 245G.17 is limited to six hours per day or 30 hours per week unless
prior authorization of a greater number of hours is obtained from the commissioner.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Sec. 49.
Minnesota Statutes 2020, section 256.042, subdivision 1, is amended to read:
Subdivision 1.
Establishment of the advisory council.
(a) The Opiate Epidemic
Response Advisory Council is established to develop and implement a comprehensive and
effective statewide effort to address the opioid addiction and overdose epidemic in Minnesota.
The council shall focus on:
(1) prevention and education, including public education and awareness for adults and
youth, prescriber education, the development and sustainability of opioid overdose prevention
and education programs, the role of adult protective services in prevention and response,
and providing financial support to local law enforcement agencies for opiate antagonist
programs;
(2) training on the treatment of opioid addiction, including the use of all Food and Drug
Administration approved opioid addiction medications, detoxification, relapse prevention,
patient assessment, individual treatment planning, counseling, recovery supports, diversion
control, and other best practices;
(3) the expansion and enhancement of a continuum of care for opioid-related substance
use disorders, including primary prevention, early intervention, treatment, recovery, and
aftercare services; and
(4) the development of measures to assess and protect the ability of cancer patients and
survivors, persons battling life-threatening illnesses, persons suffering from severe chronic
pain, and persons at the end stages of life, who legitimately need prescription pain
medications, to maintain their quality of life by accessing these pain medications without
facing unnecessary barriers. The measures must also address the needs of individuals
described in this clause who are elderly or who reside in underserved or rural areas of the
state.
(b) The council shall:
(1) review local, state, and federal initiatives and activities related to education,
prevention, treatment, and services for individuals and families experiencing and affected
by opioid use disorder;
(2) establish priorities to address the state's opioid epidemic, for the purpose of
recommending initiatives to fund;
(3) recommend to the commissioner of human services specific projects and initiatives
to be funded;
(4) ensure that available funding is allocated to align with other state and federal funding,
to achieve the greatest impact and ensure a coordinated state effort;
(5) consult with the commissioners of human services, health, and management and
budget to develop measurable outcomes to determine the effectiveness of funds allocated;
deleted text begin and
deleted text end
(6) develop recommendations for an administrative and organizational framework for
the allocation, on a sustainable and ongoing basis, of any money deposited into the separate
account under section 16A.151, subdivision 2, paragraph (f), in order to address the opioid
abuse and overdose epidemic in Minnesota and the areas of focus specified in paragraph
(a)deleted text begin .deleted text end new text begin ; and
new text end
new text begin
(7) review reports, data, and performance measures submitted by municipalities, as
defined in section 466.01, subdivision 1, in receipt of direct payments from settlement
agreements, as described in section 256.043, subdivision 4.
new text end
(c) The council, in consultation with the commissioner of management and budget, and
within available appropriations, shall select from the awarded grants projects new text begin or municipality
projects funded by settlement monies as described in section 256.043, subdivision 4, new text end that
include promising practices or theory-based activities for which the commissioner of
management and budget shall conduct evaluations using experimental or quasi-experimental
design. Grants awarded to proposals new text begin or municipality projects funded by settlement monies
new text end that include promising practices or theory-based activities and that are selected for an
evaluation shall be administered to support the experimental or quasi-experimental evaluation
and require grantees new text begin and municipality projects new text end to collect and report information that is
needed to complete the evaluation. The commissioner of management and budget, under
section 15.08, may obtain additional relevant data to support the experimental or
quasi-experimental evaluation studies.new text begin For the purposes of this paragraph, "municipality"
has the meaning given in section 466.01, subdivision 1.
new text end
(d) The council, in consultation with the commissioners of human services, health, public
safety, and management and budget, shall establish goals related to addressing the opioid
epidemic and determine a baseline against which progress shall be monitored and set
measurable outcomes, including benchmarks. The goals established must include goals for
prevention and public health, access to treatment, and multigenerational impacts. The council
shall use existing measures and data collection systems to determine baseline data against
which progress shall be measured. The council shall include the proposed goals, the
measurable outcomes, and proposed benchmarks to meet these goals in its initial report to
the legislature under subdivision 5, paragraph (a), due January 31, 2021.
Sec. 50.
Minnesota Statutes 2020, section 256.042, subdivision 2, is amended to read:
Subd. 2.
Membership.
(a) The council shall consist of the following deleted text begin 19deleted text end new text begin 28new text end voting
members, appointed by the commissioner of human services except as otherwise specified,
and three nonvoting members:
(1) two members of the house of representatives, appointed in the following sequence:
the first from the majority party appointed by the speaker of the house and the second from
the minority party appointed by the minority leader. Of these two members, one member
must represent a district outside of the seven-county metropolitan area, and one member
must represent a district that includes the seven-county metropolitan area. The appointment
by the minority leader must ensure that this requirement for geographic diversity in
appointments is met;
(2) two members of the senate, appointed in the following sequence: the first from the
majority party appointed by the senate majority leader and the second from the minority
party appointed by the senate minority leader. Of these two members, one member must
represent a district outside of the seven-county metropolitan area and one member must
represent a district that includes the seven-county metropolitan area. The appointment by
the minority leader must ensure that this requirement for geographic diversity in appointments
is met;
(3) one member appointed by the Board of Pharmacy;
(4) one member who is a physician appointed by the Minnesota Medical Association;
(5) one member representing opioid treatment programs, sober living programs, or
substance use disorder programs licensed under chapter 245G;
(6) one member appointed by the Minnesota Society of Addiction Medicine who is an
addiction psychiatrist;
(7) one member representing professionals providing alternative pain management
therapies, including, but not limited to, acupuncture, chiropractic, or massage therapy;
(8) one member representing nonprofit organizations conducting initiatives to address
the opioid epidemic, with the commissioner's initial appointment being a member
representing the Steve Rummler Hope Network, and subsequent appointments representing
this or other organizations;
(9) one member appointed by the Minnesota Ambulance Association who is serving
with an ambulance service as an emergency medical technician, advanced emergency
medical technician, or paramedic;
(10) one member representing the Minnesota courts who is a judge or law enforcement
officer;
(11) one public member who is a Minnesota resident and who is in opioid addiction
recovery;
(12) deleted text begin twodeleted text end new text begin 11new text end members representing Indian tribes, one representing deleted text begin the Ojibwe tribes and
one representing the Dakota tribesdeleted text end new text begin each of Minnesota's Tribal Nationsnew text end ;
(13) one public member who is a Minnesota resident and who is suffering from chronic
pain, intractable pain, or a rare disease or condition;
(14) one mental health advocate representing persons with mental illness;
(15) one member appointed by the Minnesota Hospital Association;
(16) one member representing a local health department; and
(17) the commissioners of human services, health, and corrections, or their designees,
who shall be ex officio nonvoting members of the council.
(b) The commissioner of human services shall coordinate the commissioner's
appointments to provide geographic, racial, and gender diversity, and shall ensure that at
least one-half of council members appointed by the commissioner reside outside of the
seven-county metropolitan area. Of the members appointed by the commissioner, to the
extent practicable, at least one member must represent a community of color
disproportionately affected by the opioid epidemic.
(c) The council is governed by section 15.059, except that members of the council shall
serve three-year terms and shall receive no compensation other than reimbursement for
expenses. Notwithstanding section 15.059, subdivision 6, the council shall not expire.
(d) The chair shall convene the council at least quarterly, and may convene other meetings
as necessary. The chair shall convene meetings at different locations in the state to provide
geographic access, and shall ensure that at least one-half of the meetings are held at locations
outside of the seven-county metropolitan area.
(e) The commissioner of human services shall provide staff and administrative services
for the advisory council.
(f) The council is subject to chapter 13D.
Sec. 51.
Minnesota Statutes 2021 Supplement, section 256.042, subdivision 4, is amended
to read:
Subd. 4.
Grants.
(a) The commissioner of human services shall submit a report of the
grants proposed by the advisory council to be awarded for the upcoming calendar year to
the chairs and ranking minority members of the legislative committees with jurisdiction
over health and human services policy and finance, by December 1 of each year, beginning
March 1, 2020.
(b) The grants shall be awarded to proposals selected by the advisory council that address
the priorities in subdivision 1, paragraph (a), clauses (1) to (4), unless otherwise appropriated
by the legislature. The advisory council shall determine grant awards and funding amounts
based on the funds appropriated to the commissioner under section 256.043, subdivision 3,
paragraph (e). The commissioner shall award the grants from the opiate epidemic response
fund and administer the grants in compliance with section 16B.97. No more than ten percent
of the grant amount may be used by a grantee for administration.new text begin The commissioner must
award at least 40 percent of grants to projects that include a focus on addressing the opiate
crisis in Black and Indigenous communities and communities of color.
new text end
Sec. 52.
Minnesota Statutes 2020, section 256.042, subdivision 5, is amended to read:
Subd. 5.
Reports.
(a) The advisory council shall report annually to the chairs and ranking
minority members of the legislative committees with jurisdiction over health and human
services policy and finance by January 31 of each yeardeleted text begin , beginning January 31, 2021deleted text end . The
report shall include information about the individual projects that receive grantsnew text begin , the
municipality projects funded by settlement monies as described in section 256.043,
subdivision 4,new text end and the overall role of the deleted text begin projectdeleted text end new text begin projectsnew text end in addressing the opioid addiction
and overdose epidemic in Minnesota. The report must describe the grantees and the activities
implemented, along with measurable outcomes as determined by the council in consultation
with the commissioner of human services and the commissioner of management and budget.
At a minimum, the report must include information about the number of individuals who
received information or treatment, the outcomes the individuals achieved, and demographic
information about the individuals participating in the project; an assessment of the progress
toward achieving statewide access to qualified providers and comprehensive treatment and
recovery services; and an update on the evaluations implemented by the commissioner of
management and budget for the promising practices and theory-based projects that receive
funding.
(b) The commissioner of management and budget, in consultation with the Opiate
Epidemic Response Advisory Council, shall report to the chairs and ranking minority
members of the legislative committees with jurisdiction over health and human services
policy and finance when an evaluation study described in subdivision 1, paragraph (c), is
complete on the promising practices or theory-based projects that are selected for evaluation
activities. The report shall include demographic information; outcome information for the
individuals in the program; the results for the program in promoting recovery, employment,
family reunification, and reducing involvement with the criminal justice system; and other
relevant outcomes determined by the commissioner of management and budget that are
specific to the projects that are evaluated. The report shall include information about the
ability of grant programs to be scaled to achieve the statewide results that the grant project
demonstrated.
(c) The advisory council, in its annual report to the legislature under paragraph (a) due
by January 31, 2024, shall include recommendations on whether the appropriations to the
specified entities under Laws 2019, chapter 63, should be continued, adjusted, or
discontinued; whether funding should be appropriated for other purposes related to opioid
abuse prevention, education, and treatment; and on the appropriate level of funding for
existing and new uses.
new text begin
(d) Municipalities receiving direct payments for settlement agreements as described in
section 256.043, subdivision 4, must annually report to the commissioner on how the funds
were used on opioid remediation. The report must be submitted in a format prescribed by
the commissioner. The report must include data and measurable outcomes as identified by
the commissioner. The report must include the percent of total funds invested in addressing
disparate outcomes in Black and Indigenous communities and communities of color and
relevant outcomes reported on a longitudinal basis.
new text end
new text begin
(e) For the purposes of this subdivision, "municipality" or "municipalities" has the
meaning given in section 466.01, subdivision 1.
new text end
Sec. 53.
Minnesota Statutes 2020, section 256B.0941, is amended by adding a subdivision
to read:
new text begin Subd. 5. new text end
new text begin Start-up grants. new text end
new text begin
Start-up grants to prospective psychiatric residential treatment
facility sites may be used for:
new text end
new text begin
(1) administrative expenses;
new text end
new text begin
(2) consulting services;
new text end
new text begin
(3) Health Insurance Portability and Accountability Act of 1996 compliance;
new text end
new text begin
(4) therapeutic resources including evidence-based, culturally appropriate curriculums,
and training programs for staff and clients;
new text end
new text begin
(5) allowable physical renovations to the property; and
new text end
new text begin
(6) emergency workforce shortage uses, as determined by the commissioner.
new text end
Sec. 54.
Minnesota Statutes 2021 Supplement, section 256B.0946, subdivision 1, is
amended to read:
Subdivision 1.
Required covered service components.
(a) Subject to federal approval,
medical assistance covers medically necessary intensive treatment services when the services
are provided by a provider entity certified under and meeting the standards in this section.
The provider entity must make reasonable and good faith efforts to report individual client
outcomes to the commissioner, using instruments and protocols approved by the
commissioner.
(b) Intensive treatment services to children with mental illness residing in foster family
settings new text begin or with legal guardians new text end that comprise specific required service components provided
in clauses (1) to (6) are reimbursed by medical assistance when they meet the following
standards:
(1) psychotherapy provided by a mental health professional or a clinical trainee;
(2) crisis planning;
(3) individual, family, and group psychoeducation services provided by a mental health
professional or a clinical trainee;
(4) clinical care consultation provided by a mental health professional or a clinical
trainee;
(5) individual treatment plan development as defined in Minnesota Rules, part 9505.0371,
subpart 7; and
(6) service delivery payment requirements as provided under subdivision 4.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2023, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Sec. 55.
Minnesota Statutes 2021 Supplement, section 256B.0946, subdivision 1a, is
amended to read:
Subd. 1a.
Definitions.
For the purposes of this section, the following terms have the
meanings given them.
new text begin
(a) "At risk of out-of-home placement" means the child has participated in
community-based therapeutic or behavioral services including psychotherapy within the
past 30 days and has experienced severe difficulty in managing mental health and behavior
in multiple settings and:
new text end
new text begin
(1) has previously been in out-of-home placement for mental health issues within the
past six months;
new text end
new text begin
(2) has a history of threatening harm to self or others and has actively engaged in
self-harming or threatening behavior in the past 30 days;
new text end
new text begin
(3) demonstrates extremely inappropriate or dangerous social behavior in home,
community, and school settings;
new text end
new text begin
(4) has a history of repeated intervention from mental health programs, social services,
mobile crisis programs, or law enforcement to maintain safety in the home, community, or
school within the past 60 days; or
new text end
new text begin
(5) whose parent is unable to safely manage the child's mental health, behavioral, or
emotional problems in the home and has been actively seeking placement for at least two
weeks.
new text end
deleted text begin (a)deleted text end new text begin (b)new text end "Clinical care consultation" means communication from a treating clinician to
other providers working with the same client to inform, inquire, and instruct regarding the
client's symptoms, strategies for effective engagement, care and intervention needs, and
treatment expectations across service settings, including but not limited to the client's school,
social services, day care, probation, home, primary care, medication prescribers, disabilities
services, and other mental health providers and to direct and coordinate clinical service
components provided to the client and family.
deleted text begin (b)deleted text end new text begin (c)new text end "Clinical trainee" means a staff person who is qualified according to section
245I.04, subdivision 6.
deleted text begin (c)deleted text end new text begin (d)new text end "Crisis planning" has the meaning given in section 245.4871, subdivision 9a.
deleted text begin (d)deleted text end new text begin (e)new text end "Culturally appropriate" means providing mental health services in a manner that
incorporates the child's cultural influences into interventions as a way to maximize resiliency
factors and utilize cultural strengths and resources to promote overall wellness.
deleted text begin (e)deleted text end new text begin (f)new text end "Culture" means the distinct ways of living and understanding the world that are
used by a group of people and are transmitted from one generation to another or adopted
by an individual.
deleted text begin (f)deleted text end new text begin (g)new text end "Standard diagnostic assessment" means the assessment described in section
245I.10, subdivision 6.
deleted text begin (g)deleted text end new text begin (h)new text end "Family" means a person who is identified by the client or the client's parent or
guardian as being important to the client's mental health treatment. Family may include,
but is not limited to, parents, foster parents, children, spouse, committed partners, former
spouses, persons related by blood or adoption, persons who are a part of the client's
permanency plan, or persons who are presently residing together as a family unit.
deleted text begin (h)deleted text end new text begin (i)new text end "Foster care" has the meaning given in section 260C.007, subdivision 18.
deleted text begin (i)deleted text end new text begin (j)new text end "Foster family setting" means the foster home in which the license holder resides.
deleted text begin (j)deleted text end new text begin (k)new text end "Individual treatment plan" means the plan described in section 245I.10,
subdivisions 7 and 8.
deleted text begin (k)deleted text end new text begin (l)new text end "Mental health certified family peer specialist" means a staff person who is
qualified according to section 245I.04, subdivision 12.
deleted text begin (l)deleted text end new text begin (m)new text end "Mental health professional" means a staff person who is qualified according to
section 245I.04, subdivision 2.
deleted text begin (m)deleted text end new text begin (n)new text end "Mental illness" has the meaning given in section 245I.02, subdivision 29.
deleted text begin (n)deleted text end new text begin (o)new text end "Parent" has the meaning given in section 260C.007, subdivision 25.
deleted text begin (o)deleted text end new text begin (p)new text end "Psychoeducation services" means information or demonstration provided to an
individual, family, or group to explain, educate, and support the individual, family, or group
in understanding a child's symptoms of mental illness, the impact on the child's development,
and needed components of treatment and skill development so that the individual, family,
or group can help the child to prevent relapse, prevent the acquisition of comorbid disorders,
and achieve optimal mental health and long-term resilience.
deleted text begin (p)deleted text end new text begin (q)new text end "Psychotherapy" means the treatment described in section 256B.0671, subdivision
11.
deleted text begin (q)deleted text end new text begin (r)new text end "Team consultation and treatment planning" means the coordination of treatment
plans and consultation among providers in a group concerning the treatment needs of the
child, including disseminating the child's treatment service schedule to all members of the
service team. Team members must include all mental health professionals working with the
child, a parent, the child unless the team lead or parent deem it clinically inappropriate, and
at least two of the following: an individualized education program case manager; probation
agent; children's mental health case manager; child welfare worker, including adoption or
guardianship worker; primary care provider; foster parent; and any other member of the
child's service team.
deleted text begin (r)deleted text end new text begin (s)new text end "Trauma" has the meaning given in section 245I.02, subdivision 38.
deleted text begin (s)deleted text end new text begin (t)new text end "Treatment supervision" means the supervision described under section 245I.06.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2023, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Sec. 56.
Minnesota Statutes 2021 Supplement, section 256B.0946, subdivision 2, is
amended to read:
Subd. 2.
Determination of client eligibility.
An eligible recipient is an individual, from
birth through age 20, who is currently placed in a foster home licensed under Minnesota
Rules, parts 2960.3000 to 2960.3340, or placed in a foster home licensed under the
regulations established by a federally recognized Minnesota Tribe, new text begin or who is residing in the
legal guardian's home and is at risk of out-of-home placement, new text end and has received: (1) a
standard diagnostic assessment within 180 days before the start of service that documents
that intensive treatment services are medically necessary within a foster family setting to
ameliorate identified symptoms and functional impairments; and (2) a level of care
assessment as defined in section 245I.02, subdivision 19, that demonstrates that the individual
requires intensive intervention without 24-hour medical monitoring, and a functional
assessment as defined in section 245I.02, subdivision 17. The level of care assessment and
the functional assessment must include information gathered from the placing county, Tribe,
or case manager.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2023, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Sec. 57.
Minnesota Statutes 2021 Supplement, section 256B.0946, subdivision 3, is
amended to read:
Subd. 3.
Eligible mental health services providers.
(a) Eligible providers for intensive
children's mental health services deleted text begin in a foster family settingdeleted text end must be certified by the state deleted text begin and
have a service provision contract with a county board or a reservation tribal councildeleted text end and
must be able to demonstrate the ability to provide all of the services required in this section
and meet the standards in chapter 245I, as required in section 245I.011, subdivision 5.
(b) For purposes of this section, a provider agency must be:
(1) a county-operated entity certified by the state;
(2) an Indian Health Services facility operated by a Tribe or Tribal organization under
funding authorized by United States Code, title 25, sections 450f to 450n, or title 3 of the
Indian Self-Determination Act, Public Law 93-638, section 638 (facilities or providers); or
(3) a noncounty entity.
(c) Certified providers that do not meet the service delivery standards required in this
section shall be subject to a decertification process.
(d) For the purposes of this section, all services delivered to a client must be provided
by a mental health professional or a clinical trainee.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2023, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Sec. 58.
Minnesota Statutes 2021 Supplement, section 256B.0946, subdivision 4, is
amended to read:
Subd. 4.
Service delivery payment requirements.
(a) To be eligible for payment under
this section, a provider must develop and practice written policies and procedures for
intensive treatment deleted text begin in foster caredeleted text end new text begin for childrennew text end , consistent with subdivision 1, paragraph (b),
and comply with the following requirements in paragraphs (b) to (n).
(b) Each previous and current mental health, school, and physical health treatment
provider must be contacted to request documentation of treatment and assessments that the
eligible client has received. This information must be reviewed and incorporated into the
standard diagnostic assessment and team consultation and treatment planning review process.
(c) Each client receiving treatment must be assessed for a trauma history, and the client's
treatment plan must document how the results of the assessment will be incorporated into
treatment.
(d) The level of care assessment as defined in section 245I.02, subdivision 19, and
functional assessment as defined in section 245I.02, subdivision 17, must be updated at
least every 90 days or prior to discharge from the service, whichever comes first.
(e) Each client receiving treatment services must have an individual treatment plan that
is reviewed, evaluated, and approved every 90 days using the team consultation and treatment
planning process.
(f) Clinical care consultation must be provided in accordance with the client's individual
treatment plan.
(g) Each client must have a crisis plan within ten days of initiating services and must
have access to clinical phone support 24 hours per day, seven days per week, during the
course of treatment. The crisis plan must demonstrate coordination with the local or regional
mobile crisis intervention team.
(h) Services must be delivered and documented at least three days per week, equaling
at least six hours of treatment per week. If the mental health professional, client, and family
agree, service units may be temporarily reduced for a period of no more than 60 days in
order to meet the needs of the client and family, or as part of transition or on a discharge
plan to another service or level of care. The reasons for service reduction must be identified,
documented, and included in the treatment plan. Billing and payment are prohibited for
days on which no services are delivered and documented.
(i) Location of service delivery must be in the client's home, day care setting, school, or
other community-based setting that is specified on the client's individualized treatment plan.
(j) Treatment must be developmentally and culturally appropriate for the client.
(k) Services must be delivered in continual collaboration and consultation with the
client's medical providers and, in particular, with prescribers of psychotropic medications,
including those prescribed on an off-label basis. Members of the service team must be aware
of the medication regimen and potential side effects.
(l) Parents, siblings, foster parents, new text begin legal guardians, new text end and members of the child's
permanency plan must be involved in treatment and service delivery unless otherwise noted
in the treatment plan.
(m) Transition planning for deleted text begin thedeleted text end new text begin anew text end child new text begin in foster care new text end must be conducted starting with
the first treatment plan and must be addressed throughout treatment to support the child's
permanency plan and postdischarge mental health service needs.
(n) In order for a provider to receive the daily per-client encounter rate, at least one of
the services listed in subdivision 1, paragraph (b), clauses (1) to (3), must be provided. The
services listed in subdivision 1, paragraph (b), clauses (4) and (5), may be included as part
of the daily per-client encounter rate.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2023, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Sec. 59.
Minnesota Statutes 2021 Supplement, section 256B.0946, subdivision 6, is
amended to read:
Subd. 6.
Excluded services.
(a) Services in clauses (1) to (7) are not covered under this
section and are not eligible for medical assistance payment as components of new text begin children's
new text end intensive deleted text begin treatment in foster caredeleted text end new text begin behavioral healthnew text end services, but may be billed separately:
(1) inpatient psychiatric hospital treatment;
(2) mental health targeted case management;
(3) partial hospitalization;
(4) medication management;
(5) children's mental health day treatment services;
(6) crisis response services under section 256B.0624;
(7) transportation; and
(8) mental health certified family peer specialist services under section 256B.0616.
(b) Children receiving intensive deleted text begin treatment in foster caredeleted text end new text begin behavioral healthnew text end services are
not eligible for medical assistance reimbursement for the following services while receiving
new text begin children's new text end intensive deleted text begin treatment in foster caredeleted text end new text begin behavioral health servicesnew text end :
(1) psychotherapy and skills training components of children's therapeutic services and
supports under section 256B.0943;
(2) mental health behavioral aide services as defined in section 256B.0943, subdivision
1, paragraph (l);
(3) home and community-based waiver services;
(4) mental health residential treatment; and
(5) room and board costs as defined in section 256I.03, subdivision 6.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2023, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Sec. 60.
Minnesota Statutes 2020, section 256B.0946, subdivision 7, is amended to read:
Subd. 7.
Medical assistance payment and rate setting.
The commissioner shall establish
a single daily per-client encounter rate for new text begin children's new text end intensive deleted text begin treatment in foster caredeleted text end new text begin
behavioral healthnew text end services. The rate must be constructed to cover only eligible services
delivered to an eligible recipient by an eligible provider, as prescribed in subdivision 1,
paragraph (b).
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2023, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Sec. 61.
Minnesota Statutes 2020, section 256B.0949, subdivision 15, is amended to read:
Subd. 15.
EIDBI provider qualifications.
(a) A QSP must be employed by an agency
and be:
(1) a licensed mental health professional who has at least 2,000 hours of supervised
clinical experience or training in examining or treating people with ASD or a related condition
or equivalent documented coursework at the graduate level by an accredited university in
ASD diagnostics, ASD developmental and behavioral treatment strategies, and typical child
development; or
(2) a developmental or behavioral pediatrician who has at least 2,000 hours of supervised
clinical experience or training in examining or treating people with ASD or a related condition
or equivalent documented coursework at the graduate level by an accredited university in
the areas of ASD diagnostics, ASD developmental and behavioral treatment strategies, and
typical child development.
(b) A level I treatment provider must be employed by an agency and:
(1) have at least 2,000 hours of supervised clinical experience or training in examining
or treating people with ASD or a related condition or equivalent documented coursework
at the graduate level by an accredited university in ASD diagnostics, ASD developmental
and behavioral treatment strategies, and typical child development or an equivalent
combination of documented coursework or hours of experience; and
(2) have or be at least one of the following:
(i) a master's degree in behavioral health or child development or related fields including,
but not limited to, mental health, special education, social work, psychology, speech
pathology, or occupational therapy from an accredited college or university;
(ii) a bachelor's degree in a behavioral health, child development, or related field
including, but not limited to, mental health, special education, social work, psychology,
speech pathology, or occupational therapy, from an accredited college or university, and
advanced certification in a treatment modality recognized by the department;
(iii) a board-certified behavior analyst; or
(iv) a board-certified assistant behavior analyst with 4,000 hours of supervised clinical
experience that meets all registration, supervision, and continuing education requirements
of the certification.
(c) A level II treatment provider must be employed by an agency and must be:
(1) a person who has a bachelor's degree from an accredited college or university in a
behavioral or child development science or related field including, but not limited to, mental
health, special education, social work, psychology, speech pathology, or occupational
therapy; and meets at least one of the following:
(i) has at least 1,000 hours of supervised clinical experience or training in examining or
treating people with ASD or a related condition or equivalent documented coursework at
the graduate level by an accredited university in ASD diagnostics, ASD developmental and
behavioral treatment strategies, and typical child development or a combination of
coursework or hours of experience;
(ii) has certification as a board-certified assistant behavior analyst from the Behavior
Analyst Certification Board;
(iii) is a registered behavior technician as defined by the Behavior Analyst Certification
Board; or
(iv) is certified in one of the other treatment modalities recognized by the department;
or
(2) a person who has:
(i) an associate's degree in a behavioral or child development science or related field
including, but not limited to, mental health, special education, social work, psychology,
speech pathology, or occupational therapy from an accredited college or university; and
(ii) at least 2,000 hours of supervised clinical experience in delivering treatment to people
with ASD or a related condition. Hours worked as a mental health behavioral aide or level
III treatment provider may be included in the required hours of experience; or
(3) a person who has at least 4,000 hours of supervised clinical experience in delivering
treatment to people with ASD or a related condition. Hours worked as a mental health
behavioral aide or level III treatment provider may be included in the required hours of
experience; or
(4) a person who is a graduate student in a behavioral science, child development science,
or related field and is receiving clinical supervision by a QSP affiliated with an agency to
meet the clinical training requirements for experience and training with people with ASD
or a related condition; or
(5) a person who is at least 18 years of age and who:
(i) is fluent in a non-English languagenew text begin or an individual certified by a Tribal Nationnew text end ;
(ii) completed the level III EIDBI training requirements; and
(iii) receives observation and direction from a QSP or level I treatment provider at least
once a week until the person meets 1,000 hours of supervised clinical experience.
(d) A level III treatment provider must be employed by an agency, have completed the
level III training requirement, be at least 18 years of age, and have at least one of the
following:
(1) a high school diploma or commissioner of education-selected high school equivalency
certification;
(2) fluency in a non-English languagenew text begin or certification by a Tribal Nationnew text end ;
(3) one year of experience as a primary personal care assistant, community health worker,
waiver service provider, or special education assistant to a person with ASD or a related
condition within the previous five years; or
(4) completion of all required EIDBI training within six months of employment.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2022, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Sec. 62.
Minnesota Statutes 2020, section 256D.09, subdivision 2a, is amended to read:
Subd. 2a.
Vendor payments for drug dependent persons.
If, at the time of application
or at any other time, there is a reasonable basis for questioning whether a person applying
for or receiving financial assistance is drug dependent, as defined in section 254A.02,
subdivision 5, the person shall be referred for a chemical health assessment, and only
emergency assistance payments or general assistance vendor payments may be provided
until the assessment is complete and the results of the assessment made available to the
county agency. A reasonable basis for referring an individual for an assessment exists when:
(1) the person has required detoxification two or more times in the past 12 months;
(2) the person appears intoxicated at the county agency as indicated by two or more of
the following:
(i) the odor of alcohol;
(ii) slurred speech;
(iii) disconjugate gaze;
(iv) impaired balance;
(v) difficulty remaining awake;
(vi) consumption of alcohol;
(vii) responding to sights or sounds that are not actually present;
(viii) extreme restlessness, fast speech, or unusual belligerence;
(3) the person has been involuntarily committed for drug dependency at least once in
the past 12 months; or
(4) the person has received treatment, including domiciliary care, for drug abuse or
dependency at least twice in the past 12 months.
The assessment and determination of drug dependency, if any, must be made by an
assessor qualified under deleted text begin Minnesota Rules, part 9530.6615, subpart 2deleted text end new text begin section 245G.11,
subdivisions 1 and 5new text end , to perform an assessment of chemical use. The county shall only
provide emergency general assistance or vendor payments to an otherwise eligible applicant
or recipient who is determined to be drug dependent, except up to 15 percent of the grant
amount the person would otherwise receive may be paid in cash. Notwithstanding subdivision
1, the commissioner of human services shall also require county agencies to provide
assistance only in the form of vendor payments to all eligible recipients who assert chemical
dependency as a basis for eligibility under section 256D.05, subdivision 1, paragraph (a),
clauses (1) and (5).
The determination of drug dependency shall be reviewed at least every 12 months. If
the county determines a recipient is no longer drug dependent, the county may cease vendor
payments and provide the recipient payments in cash.
Sec. 63.
Minnesota Statutes 2021 Supplement, section 256L.03, subdivision 2, is amended
to read:
Subd. 2.
Alcohol and drug dependency.
Beginning July 1, 1993, covered health services
shall include individual outpatient treatment of alcohol or drug dependency by a qualified
health professional or outpatient program.
Persons who may need chemical dependency services under the provisions of this chapter
deleted text begin shall be assessed by a local agencydeleted text end new text begin must be offered access by a local agency to a
comprehensive assessmentnew text end as defined under section deleted text begin 254B.01deleted text end new text begin 245G.05new text end , and under the
assessment provisions of section 254A.03, subdivision 3. A local agency or managed care
plan under contract with the Department of Human Services must deleted text begin placedeleted text end new text begin offer services tonew text end a
person in need of chemical dependency services deleted text begin as provided in Minnesota Rules, parts
9530.6600 to 9530.6655deleted text end new text begin based on the recommendations of section 245G.05new text end . Persons who
are recipients of medical benefits under the provisions of this chapter and who are financially
eligible for behavioral health fund services provided under the provisions of chapter 254B
shall receive chemical dependency treatment services under the provisions of chapter 254B
only if:
(1) they have exhausted the chemical dependency benefits offered under this chapter;
or
(2) an assessment indicates that they need a level of care not provided under the provisions
of this chapter.
Recipients of covered health services under the children's health plan, as provided in
Minnesota Statutes 1990, section 256.936, and as amended by Laws 1991, chapter 292,
article 4, section 17, and recipients of covered health services enrolled in the children's
health plan or the MinnesotaCare program after October 1, 1992, pursuant to Laws 1992,
chapter 549, article 4, sections 5 and 17, are eligible to receive alcohol and drug dependency
benefits under this subdivision.
Sec. 64.
Minnesota Statutes 2020, section 256L.12, subdivision 8, is amended to read:
Subd. 8.
Chemical dependency assessments.
The managed care plan shall be responsible
for assessing the need and deleted text begin placement fordeleted text end new text begin provision ofnew text end chemical dependency services
according to criteria set forth in deleted text begin Minnesota Rules, parts 9530.6600 to 9530.6655deleted text end new text begin section
245G.05new text end .
Sec. 65.
Minnesota Statutes 2020, section 260B.157, subdivision 1, is amended to read:
Subdivision 1.
Investigation.
Upon request of the court the local social services agency
or probation officer shall investigate the personal and family history and environment of
any minor coming within the jurisdiction of the court under section 260B.101 and shall
report its findings to the court. The court may order any minor coming within its jurisdiction
to be examined by a duly qualified physician, psychiatrist, or psychologist appointed by the
court.
The court shall order a chemical use assessment conducted when a child is (1) found to
be delinquent for violating a provision of chapter 152, or for committing a felony-level
violation of a provision of chapter 609 if the probation officer determines that alcohol or
drug use was a contributing factor in the commission of the offense, or (2) alleged to be
delinquent for violating a provision of chapter 152, if the child is being held in custody
under a detention order. The assessor's qualifications new text begin must comply with section 245G.11,
subdivisions 1 and 5, new text end and the assessment criteria deleted text begin shalldeleted text end new text begin mustnew text end comply with deleted text begin Minnesota Rules,
parts 9530.6600 to 9530.6655deleted text end new text begin section 245G.05new text end . If funds under chapter 254B are to be used
to pay for the recommended treatment, the assessment deleted text begin and placementdeleted text end must comply with all
provisions of deleted text begin Minnesota Rules, parts 9530.6600 to 9530.6655 and 9530.7000 to 9530.7030deleted text end new text begin
sections 245G.05 and 254B.04new text end . The commissioner of human services shall reimburse the
court for the cost of the chemical use assessment, up to a maximum of $100.
The court shall order a children's mental health screening conducted when a child is
found to be delinquent. The screening shall be conducted with a screening instrument
approved by the commissioner of human services and shall be conducted by a mental health
practitioner as defined in section 245.4871, subdivision 26, or a probation officer who is
trained in the use of the screening instrument. If the screening indicates a need for assessment,
the local social services agency, in consultation with the child's family, shall have a diagnostic
assessment conducted, including a functional assessment, as defined in section 245.4871.
With the consent of the commissioner of corrections and agreement of the county to pay
the costs thereof, the court may, by order, place a minor coming within its jurisdiction in
an institution maintained by the commissioner for the detention, diagnosis, custody and
treatment of persons adjudicated to be delinquent, in order that the condition of the minor
be given due consideration in the disposition of the case. Any funds received under the
provisions of this subdivision shall not cancel until the end of the fiscal year immediately
following the fiscal year in which the funds were received. The funds are available for use
by the commissioner of corrections during that period and are hereby appropriated annually
to the commissioner of corrections as reimbursement of the costs of providing these services
to the juvenile courts.
Sec. 66.
Minnesota Statutes 2020, section 260B.157, subdivision 3, is amended to read:
Subd. 3.
Juvenile treatment screening team.
(a) The local social services agency shall
establish a juvenile treatment screening team to conduct screenings and prepare case plans
under this subdivision. The team, which may be the team constituted under section 245.4885
or 256B.092 or deleted text begin Minnesota Rules, parts 9530.6600 to 9530.6655deleted text end new text begin chapter 254Bnew text end , shall consist
of social workers, juvenile justice professionals, and persons with expertise in the treatment
of juveniles who are emotionally disabled, chemically dependent, or have a developmental
disability. The team shall involve parents or guardians in the screening process as appropriate.
The team may be the same team as defined in section 260C.157, subdivision 3.
(b) If the court, prior to, or as part of, a final disposition, proposes to place a child:
(1) for the primary purpose of treatment for an emotional disturbance, and residential
placement is consistent with section 260.012, a developmental disability, or chemical
dependency in a residential treatment facility out of state or in one which is within the state
and licensed by the commissioner of human services under chapter 245A; or
(2) in any out-of-home setting potentially exceeding 30 days in duration, including a
post-dispositional placement in a facility licensed by the commissioner of corrections or
human services, the court shall notify the county welfare agency. The county's juvenile
treatment screening team must either:
(i) screen and evaluate the child and file its recommendations with the court within 14
days of receipt of the notice; or
(ii) elect not to screen a given case, and notify the court of that decision within three
working days.
(c) If the screening team has elected to screen and evaluate the child, the child may not
be placed for the primary purpose of treatment for an emotional disturbance, a developmental
disability, or chemical dependency, in a residential treatment facility out of state nor in a
residential treatment facility within the state that is licensed under chapter 245A, unless one
of the following conditions applies:
(1) a treatment professional certifies that an emergency requires the placement of the
child in a facility within the state;
(2) the screening team has evaluated the child and recommended that a residential
placement is necessary to meet the child's treatment needs and the safety needs of the
community, that it is a cost-effective means of meeting the treatment needs, and that it will
be of therapeutic value to the child; or
(3) the court, having reviewed a screening team recommendation against placement,
determines to the contrary that a residential placement is necessary. The court shall state
the reasons for its determination in writing, on the record, and shall respond specifically to
the findings and recommendation of the screening team in explaining why the
recommendation was rejected. The attorney representing the child and the prosecuting
attorney shall be afforded an opportunity to be heard on the matter.
Sec. 67.
Minnesota Statutes 2021 Supplement, section 260C.157, subdivision 3, is amended
to read:
Subd. 3.
Juvenile treatment screening team.
(a) The responsible social services agency
shall establish a juvenile treatment screening team to conduct screenings under this chapter
and chapter 260D, for a child to receive treatment for an emotional disturbance, a
developmental disability, or related condition in a residential treatment facility licensed by
the commissioner of human services under chapter 245A, or licensed or approved by a
Tribe. A screening team is not required for a child to be in: (1) a residential facility
specializing in prenatal, postpartum, or parenting support; (2) a facility specializing in
high-quality residential care and supportive services to children and youth who have been
or are at risk of becoming victims of sex trafficking or commercial sexual exploitation; (3)
supervised settings for youth who are 18 years of age or older and living independently; or
(4) a licensed residential family-based treatment facility for substance abuse consistent with
section 260C.190. Screenings are also not required when a child must be placed in a facility
due to an emotional crisis or other mental health emergency.
(b) The responsible social services agency shall conduct screenings within 15 days of a
request for a screening, unless the screening is for the purpose of residential treatment and
the child is enrolled in a prepaid health program under section 256B.69, in which case the
agency shall conduct the screening within ten working days of a request. The responsible
social services agency shall convene the juvenile treatment screening team, which may be
constituted under section 245.4885 deleted text begin ordeleted text end new text begin , 254B.05, ornew text end 256B.092 deleted text begin or Minnesota Rules, parts
9530.6600 to 9530.6655deleted text end . The team shall consist of social workers; persons with expertise
in the treatment of juveniles who are emotionally disturbed, chemically dependent, or have
a developmental disability; and the child's parent, guardian, or permanent legal custodian.
The team may include the child's relatives as defined in section 260C.007, subdivisions 26b
and 27, the child's foster care provider, and professionals who are a resource to the child's
family such as teachers, medical or mental health providers, and clergy, as appropriate,
consistent with the family and permanency team as defined in section 260C.007, subdivision
16a. Prior to forming the team, the responsible social services agency must consult with the
child's parents, the child if the child is age 14 or older, and, if applicable, the child's Tribe
to obtain recommendations regarding which individuals to include on the team and to ensure
that the team is family-centered and will act in the child's best interests. If the child, child's
parents, or legal guardians raise concerns about specific relatives or professionals, the team
should not include those individuals. This provision does not apply to paragraph (c).
(c) If the agency provides notice to Tribes under section 260.761, and the child screened
is an Indian child, the responsible social services agency must make a rigorous and concerted
effort to include a designated representative of the Indian child's Tribe on the juvenile
treatment screening team, unless the child's Tribal authority declines to appoint a
representative. The Indian child's Tribe may delegate its authority to represent the child to
any other federally recognized Indian Tribe, as defined in section 260.755, subdivision 12.
The provisions of the Indian Child Welfare Act of 1978, United States Code, title 25, sections
1901 to 1963, and the Minnesota Indian Family Preservation Act, sections 260.751 to
260.835, apply to this section.
(d) If the court, prior to, or as part of, a final disposition or other court order, proposes
to place a child with an emotional disturbance or developmental disability or related condition
in residential treatment, the responsible social services agency must conduct a screening.
If the team recommends treating the child in a qualified residential treatment program, the
agency must follow the requirements of sections 260C.70 to 260C.714.
The court shall ascertain whether the child is an Indian child and shall notify the
responsible social services agency and, if the child is an Indian child, shall notify the Indian
child's Tribe as paragraph (c) requires.
(e) When the responsible social services agency is responsible for placing and caring
for the child and the screening team recommends placing a child in a qualified residential
treatment program as defined in section 260C.007, subdivision 26d, the agency must: (1)
begin the assessment and processes required in section 260C.704 without delay; and (2)
conduct a relative search according to section 260C.221 to assemble the child's family and
permanency team under section 260C.706. Prior to notifying relatives regarding the family
and permanency team, the responsible social services agency must consult with the child's
parent or legal guardian, the child if the child is age 14 or older, and, if applicable, the child's
Tribe to ensure that the agency is providing notice to individuals who will act in the child's
best interests. The child and the child's parents may identify a culturally competent qualified
individual to complete the child's assessment. The agency shall make efforts to refer the
assessment to the identified qualified individual. The assessment may not be delayed for
the purpose of having the assessment completed by a specific qualified individual.
(f) When a screening team determines that a child does not need treatment in a qualified
residential treatment program, the screening team must:
(1) document the services and supports that will prevent the child's foster care placement
and will support the child remaining at home;
(2) document the services and supports that the agency will arrange to place the child
in a family foster home; or
(3) document the services and supports that the agency has provided in any other setting.
(g) When the Indian child's Tribe or Tribal health care services provider or Indian Health
Services provider proposes to place a child for the primary purpose of treatment for an
emotional disturbance, a developmental disability, or co-occurring emotional disturbance
and chemical dependency, the Indian child's Tribe or the Tribe delegated by the child's Tribe
shall submit necessary documentation to the county juvenile treatment screening team,
which must invite the Indian child's Tribe to designate a representative to the screening
team.
(h) The responsible social services agency must conduct and document the screening in
a format approved by the commissioner of human services.
Sec. 68.
Minnesota Statutes 2020, section 260E.20, subdivision 1, is amended to read:
Subdivision 1.
General duties.
(a) The local welfare agency shall offer services to
prevent future maltreatment, safeguarding and enhancing the welfare of the maltreated child,
and supporting and preserving family life whenever possible.
(b) If the report alleges a violation of a criminal statute involving maltreatment or child
endangerment under section 609.378, the local law enforcement agency and local welfare
agency shall coordinate the planning and execution of their respective investigation and
assessment efforts to avoid a duplication of fact-finding efforts and multiple interviews.
Each agency shall prepare a separate report of the results of the agency's investigation or
assessment.
(c) In cases of alleged child maltreatment resulting in death, the local agency may rely
on the fact-finding efforts of a law enforcement investigation to make a determination of
whether or not maltreatment occurred.
(d) When necessary, the local welfare agency shall seek authority to remove the child
from the custody of a parent, guardian, or adult with whom the child is living.
(e) In performing any of these duties, the local welfare agency shall maintain an
appropriate record.
(f) In conducting a family assessment or investigation, the local welfare agency shall
gather information on the existence of substance abuse and domestic violence.
(g) If the family assessment or investigation indicates there is a potential for abuse of
alcohol or other drugs by the parent, guardian, or person responsible for the child's care,
the local welfare agency deleted text begin shall conduct a chemical usedeleted text end new text begin must coordinate a comprehensive new text end
assessment pursuant to deleted text begin Minnesota Rules, part 9530.6615deleted text end new text begin section 245G.05new text end .
(h) The agency may use either a family assessment or investigation to determine whether
the child is safe when responding to a report resulting from birth match data under section
260E.03, subdivision 23, paragraph (c). If the child subject of birth match data is determined
to be safe, the agency shall consult with the county attorney to determine the appropriateness
of filing a petition alleging the child is in need of protection or services under section
260C.007, subdivision 6, clause (16), in order to deliver needed services. If the child is
determined not to be safe, the agency and the county attorney shall take appropriate action
as required under section 260C.503, subdivision 2.
Sec. 69.
Minnesota Statutes 2020, section 299A.299, subdivision 1, is amended to read:
Subdivision 1.
Establishment of team.
A county, a multicounty organization of counties
formed by an agreement under section 471.59, or a city with a population of no more than
50,000, may establish a multidisciplinary chemical abuse prevention team. The chemical
abuse prevention team may include, but not be limited to, representatives of health, mental
health, public health, law enforcement, educational, social service, court service, community
education, religious, and other appropriate agencies, and parent and youth groups. For
purposes of this section, "chemical abuse" has the meaning given in deleted text begin Minnesota Rules, part
9530.6605, subpart 6deleted text end new text begin section 254A.02, subdivision 6anew text end . When possible the team must
coordinate its activities with existing local groups, organizations, and teams dealing with
the same issues the team is addressing.
Sec. 70.
Laws 2021, First Special Session chapter 7, article 17, section 1, subdivision 2,
is amended to read:
Subd. 2.
Eligibility.
An individual is eligible for the transition to community initiative
if the individual does not meet eligibility criteria for the medical assistance program under
section 256B.056 or 256B.057, but who meets at least one of the following criteria:
(1) the person otherwise meets the criteria under section 256B.092, subdivision 13, or
256B.49, subdivision 24;
(2) the person has met treatment objectives and no longer requires a hospital-level care
or a secure treatment setting, but the person's discharge from the Anoka Metro Regional
Treatment Center, the Minnesota Security Hospital, or a community behavioral health
hospital would be substantially delayed without additional resources available through the
transitions to community initiative;
(3) the person is in a community hospital deleted text begin and on the waiting list for the Anoka Metro
Regional Treatment Centerdeleted text end , but alternative community living options would be appropriate
for the persondeleted text begin , and the person has received approval from the commissionerdeleted text end ; or
(4)(i) the person is receiving customized living services reimbursed under section
256B.4914, 24-hour customized living services reimbursed under section 256B.4914, or
community residential services reimbursed under section 256B.4914; (ii) the person expresses
a desire to move; and (iii) the person has received approval from the commissioner.
Sec. 71.
Laws 2021, First Special Session chapter 7, article 17, section 11, is amended to
read:
Sec. 11. EXPAND MOBILE CRISIS.
deleted text begin (a)deleted text end This act includes $8,000,000 in fiscal year 2022 and $8,000,000 in fiscal year 2023
for additional funding for grants for adult mobile crisis services under Minnesota Statutes,
section 245.4661, subdivision 9, paragraph (b), clause (15)new text begin and children's mobile crisis
services under Minnesota Statutes, section 256B.0944new text end . The general fund base in this act for
this purpose is deleted text begin $4,000,000deleted text end new text begin $8,000,000new text end in fiscal year 2024 and deleted text begin $0deleted text end new text begin $8,000,000new text end in fiscal year
2025.
deleted text begin
(b) Beginning April 1, 2024, counties may fund and continue conducting activities
funded under this section.
deleted text end
deleted text begin
(c) All grant activities must be completed by March 31, 2024.
deleted text end
deleted text begin
(d) This section expires June 30, 2024.
deleted text end
Sec. 72.
Laws 2021, First Special Session chapter 7, article 17, section 12, is amended to
read:
Sec. 12. deleted text begin PSYCHIATRIC RESIDENTIAL TREATMENT FACILITY AND CHILD
AND ADOLESCENTdeleted text end new text begin ADULT AND CHILDREN'Snew text end MOBILE TRANSITION deleted text begin UNITdeleted text end new text begin
UNITSnew text end .
(a) This act includes $2,500,000 in fiscal year 2022 and $2,500,000 in fiscal year 2023
for the commissioner of human services to create new text begin adult and new text end children's mental health transition
and support teams to facilitate transition back to the community deleted text begin of childrendeleted text end new text begin or to the least
restrictive level of carenew text end from new text begin inpatient new text end psychiatric new text begin settings, emergency departments, new text end residential
treatment facilities, and child and adolescent behavioral health hospitals. The general fund
base included in this act for this purpose is $1,875,000 in fiscal year 2024 and $0 in fiscal
year 2025.
(b) Beginning April 1, 2024, counties may fund and continue conducting activities
funded under this section.
(c) This section expires March 31, 2024.
Sec. 73. new text begin RATE INCREASE FOR MENTAL HEALTH ADULT DAY TREATMENT.
new text end
new text begin
The commissioner of human services must increase the reimbursement rate for adult
day treatment by 50 percent over the reimbursement rate in effect as of June 30, 2022.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2023, or 60 days following
federal approval, whichever is later. The commissioner of human services shall notify the
revisor of statutes when federal approval is obtained.
new text end
Sec. 74. new text begin REPEALER.
new text end
new text begin
(a)
new text end
new text begin
Minnesota Statutes 2020, sections 169A.70, subdivision 6; 245G.22, subdivision 19;
254A.02, subdivision 8a; 254A.16, subdivision 6; 254A.19, subdivisions 1a and 2; 254B.04,
subdivisions 2b and 2c; and 254B.041, subdivision 2,
new text end
new text begin
are repealed.
new text end
new text begin
(b)
new text end
new text begin
Minnesota Statutes 2021 Supplement, section 254A.19, subdivision 5,
new text end
new text begin
is repealed.
new text end
new text begin
(c)
new text end
new text begin
Minnesota Rules, parts 9530.7000, subparts 1, 2, 5, 6, 7, 8, 9, 10, 11, 13, 14, 15, 17a,
19, 20, and 21; 9530.7005; 9530.7010; 9530.7012; 9530.7015, subparts 1, 2a, 4, 5, and 6;
9530.7020, subparts 1, 1a, and 2; 9530.7021; 9530.7022, subpart 1; 9530.7025; and
9530.7030, subpart 1,
new text end
new text begin
are repealed.
new text end
ARTICLE 4
HEALTH CARE
Section 1.
Minnesota Statutes 2020, section 256B.055, subdivision 17, is amended to read:
Subd. 17.
Adults who were in foster care at the age of 18.
new text begin (a) new text end Medical assistance may
be paid for a person under 26 years of age who was in foster care under the commissioner's
responsibility on the date of attaining 18 years of agenew text begin or oldernew text end , and who was enrolled in
medical assistance under deleted text begin thedeleted text end new text begin anew text end state plan or a waiver of deleted text begin thedeleted text end new text begin anew text end plan while in foster care, in
accordance with section 2004 of the Affordable Care Act.
new text begin
(b) Beginning January 1, 2023, medical assistance may be paid for a person under 26
years of age who was in foster care and enrolled in another state's Medicaid program while
in foster care, in accordance with Public Law 115-271, section 1002, the Substance
Use-Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and
Communities Act.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2023.
new text end
Sec. 2.
Minnesota Statutes 2020, section 256B.056, subdivision 7, is amended to read:
Subd. 7.
Period of eligibility.
(a) Eligibility is available for the month of application
and for three months prior to application if the person was eligible in those prior months.
A redetermination of eligibility must occur every 12 months.
(b) For a person eligible for an insurance affordability program as defined in section
256B.02, subdivision 19, who reports a change that makes the person eligible for medical
assistance, eligibility is available for the month the change was reported and for three months
prior to the month the change was reported, if the person was eligible in those prior months.
new text begin
(c) Once determined eligible for medical assistance, a child under the age of 21 shall be
continuously eligible for a period of up to 12 months, unless:
new text end
new text begin
(1) the child reaches age 21;
new text end
new text begin
(2) the child requests voluntary termination of coverage;
new text end
new text begin
(3) the child ceases to be a resident of Minnesota;
new text end
new text begin
(4) the child dies; or
new text end
new text begin
(5) the agency determines the child's eligibility was erroneously granted due to agency
error or enrollee fraud, abuse, or perjury.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2023, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Sec. 3.
Minnesota Statutes 2020, section 256B.0625, subdivision 28b, is amended to read:
Subd. 28b.
Doula services.
Medical assistance covers doula services provided by a
certified doula as defined in section 148.995, subdivision 2, of the mother's choice. For
purposes of this section, "doula services" means childbirth education and support services,
including emotional and physical support provided during pregnancy, labor, birth, and
postpartum.new text begin The commissioner shall enroll doula agencies and individual treating doulas
in order to provide direct reimbursement.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2023, subject to federal
approval. The commissioner of human services shall notify the revisor of statutes when
federal approval is obtained.
new text end
Sec. 4.
Minnesota Statutes 2020, section 256L.04, subdivision 10, is amended to read:
Subd. 10.
Citizenship requirements.
(a) Eligibility for MinnesotaCare is limited to
citizens or nationals of the United States and lawfully present noncitizens as defined in
Code of Federal Regulations, title 8, section 103.12. Undocumented noncitizensnew text begin , with the
exception of children under age 19,new text end are ineligible for MinnesotaCare. For purposes of this
subdivision, 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. Families with children who are citizens or nationals of the United States must
cooperate in obtaining satisfactory documentary evidence of citizenship or nationality
according to the requirements of the federal Deficit Reduction Act of 2005, Public Law
109-171.
(b) Notwithstanding subdivisions 1 and 7, eligible persons include families and
individuals who are lawfully present and ineligible for medical assistance by reason of
immigration status and who have incomes equal to or less than 200 percent of federal poverty
guidelines.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2024.
new text end
ARTICLE 5
HEALTH INSURANCE ACCESS
Section 1.
Minnesota Statutes 2020, section 256L.04, subdivision 1c, is amended to read:
Subd. 1c.
General requirements.
new text begin (a) new text end To be eligible for MinnesotaCare, a person must
meet the eligibility requirements deleted text begin ofdeleted text end new text begin innew text end this section.
new text begin (b)new text end A person eligible for MinnesotaCare shall not be considered a qualified individual
under section 1312 of the Affordable Care Act, and is not eligible for enrollment in a qualified
health plan new text begin with advance payment of the federal premium tax credit new text end offered through MNsure
under chapter 62V.
new text begin
(c) Paragraph (b) does not apply to a person eligible for the buy-in option under
subdivision 15.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2025, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Sec. 2.
Minnesota Statutes 2020, section 256L.04, subdivision 7a, is amended to read:
Subd. 7a.
Ineligibility.
Adults whose income is greater than the limits established under
this section may not enroll in the MinnesotaCare programnew text begin , except as provided in subdivision
15new text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2025, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Sec. 3.
Minnesota Statutes 2020, section 256L.04, is amended by adding a subdivision to
read:
new text begin Subd. 15. new text end
new text begin Persons eligible for buy-in option. new text end
new text begin
(a) Families and individuals with income
above the maximum income eligibility limit specified in subdivision 1 or 7 who meet all
other MinnesotaCare eligibility requirements are eligible for the buy-in option. All other
provisions of this chapter apply unless otherwise specified.
new text end
new text begin
(b) Families and individuals with income within or above the maximum income eligibility
limit but ineligible for MinnesotaCare solely due to access to employer-subsidized coverage
under section 256L.07, subdivision 2, are eligible for the buy-in option.
new text end
new text begin
(c) Families and individuals may enroll in MinnesotaCare under this subdivision only
during an annual open enrollment period or special enrollment period, as designated by
MNsure in compliance with Code of Federal Regulations, title 45, parts 155.410 and 155.420.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2025, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Sec. 4.
Minnesota Statutes 2020, section 256L.07, subdivision 1, is amended to read:
Subdivision 1.
General requirements.
Individuals enrolled in MinnesotaCare under
section 256L.04, subdivision 1, and individuals enrolled in MinnesotaCare under section
256L.04, subdivision 7, whose income increases above 200 percent of the federal poverty
guidelines, are no longer eligible for the program and shall be disenrolled by the
commissionernew text begin , unless they continue MinnesotaCare enrollment through the buy-in option
under section 256L.04, subdivision 15new text end . For persons disenrolled under this subdivision,
MinnesotaCare coverage terminates the last day of the calendar month in which the
commissioner sends advance notice according to Code of Federal Regulations, title 42,
section 431.211, that indicates the income of a family or individual exceeds program income
limits.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2025, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Sec. 5.
Minnesota Statutes 2021 Supplement, section 256L.07, subdivision 2, is amended
to read:
Subd. 2.
Must not have access to employer-subsidized minimum essential
coverage.
(a) To be eligible, a family or individual must not have access to subsidized health
coverage that is affordable and provides minimum value as defined in Code of Federal
Regulations, title 26, section 1.36B-2.
(b) Notwithstanding paragraph (a), an individual who has access through a spouse's or
parent's employer to subsidized health coverage that is deemed minimum essential coverage
under Code of Federal Regulations, title 26, section 1.36B-2, is eligible for MinnesotaCare
if the employee's portion of the annual premium for employee and dependent coverage
exceeds the required contribution percentage, as defined for premium tax credit eligibility
under United States Code, title 26, section 36B(c)(2)(C)(i)(II), as indexed according to item
(iv) of that section, of the individual's household income for the coverage year.
(c) This subdivision does not apply to a family or individual who no longer has
employer-subsidized coverage due to the employer terminating health care coverage as an
employee benefit.
new text begin
(d) This subdivision does not apply to a family or individual who enrolls through the
buy-in option under section 256L.04, subdivision 15.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2025, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
new text end
Sec. 6.
Minnesota Statutes 2021 Supplement, section 256L.15, subdivision 2, is amended
to read:
Subd. 2.
Sliding fee scale; monthly individual or family income.
(a) The commissioner
shall establish a sliding fee scale to determine the percentage of monthly individual or family
income that households at different income levels must pay to obtain coverage through the
MinnesotaCare program. The sliding fee scale must be based on the enrollee's monthly
individual or family income.
deleted text begin
(b) Beginning January 1, 2014, MinnesotaCare enrollees shall pay premiums according
to the premium scale specified in paragraph (d).
deleted text end
deleted text begin (c)deleted text end new text begin (b)new text end Paragraph deleted text begin (b)deleted text end new text begin (a)new text end does not apply todeleted text begin :
deleted text end
deleted text begin (1)deleted text end children 20 years of age or youngerdeleted text begin ; anddeleted text end new text begin .
new text end
deleted text begin
(2) individuals with household incomes below 35 percent of the federal poverty
guidelines.
deleted text end
deleted text begin
(d) The following premium scale is established for each individual in the household who
is 21 years of age or older and enrolled in MinnesotaCare:
deleted text end
|
deleted text begin
Federal Poverty Guideline Greater than or Equal to deleted text end |
deleted text begin
Less than deleted text end |
deleted text begin
Individual Premium Amount deleted text end |
|
deleted text begin
35% deleted text end |
deleted text begin
55% deleted text end |
deleted text begin
$4 deleted text end |
|
deleted text begin
55% deleted text end |
deleted text begin
80% deleted text end |
deleted text begin
$6 deleted text end |
|
deleted text begin
80% deleted text end |
deleted text begin
90% deleted text end |
deleted text begin
$8 deleted text end |
|
deleted text begin
90% deleted text end |
deleted text begin
100% deleted text end |
deleted text begin
$10 deleted text end |
|
deleted text begin
100% deleted text end |
deleted text begin
110% deleted text end |
deleted text begin
$12 deleted text end |
|
deleted text begin
110% deleted text end |
deleted text begin
120% deleted text end |
deleted text begin
$14 deleted text end |
|
deleted text begin
120% deleted text end |
deleted text begin
130% deleted text end |
deleted text begin
$15 deleted text end |
|
deleted text begin
130% deleted text end |
deleted text begin
140% deleted text end |
deleted text begin
$16 deleted text end |
|
deleted text begin
140% deleted text end |
deleted text begin
150% deleted text end |
deleted text begin
$25 deleted text end |
|
deleted text begin
150% deleted text end |
deleted text begin
160% deleted text end |
deleted text begin
$37 deleted text end |
|
deleted text begin
160% deleted text end |
deleted text begin
170% deleted text end |
deleted text begin
$44 deleted text end |
|
deleted text begin
170% deleted text end |
deleted text begin
180% deleted text end |
deleted text begin
$52 deleted text end |
|
deleted text begin
180% deleted text end |
deleted text begin
190% deleted text end |
deleted text begin
$61 deleted text end |
|
deleted text begin
190% deleted text end |
deleted text begin
200% deleted text end |
deleted text begin
$71 deleted text end |
|
deleted text begin
200% deleted text end |
deleted text begin
$80 deleted text end |
deleted text begin (e)deleted text end new text begin (c)new text end Beginning January 1, deleted text begin 2021deleted text end new text begin 2023new text end ,new text begin the commissioner shall continue to charge
premiums in accordance with the simplified premium scale established to comply with the
American Rescue Plan Act of 2021, in effect from January 1, 2021, through December 31,
2022, for families and individuals eligible under section 256L.04, subdivisions 1 and 7.new text end The
commissioner shall adjust the premium scale deleted text begin established under paragraph (d)deleted text end new text begin as needednew text end to
ensure that premiums do not exceed the amount that an individual would have been required
to pay if the individual was enrolled in an applicable benchmark plan in accordance with
the Code of Federal Regulations, title 42, section 600.505 (a)(1).
new text begin
(d) The commissioner shall establish a sliding premium scale for persons eligible through
the buy-in option under section 256L.04, subdivision 15. Beginning January 1, 2025, persons
eligible through the buy-in option shall pay premiums according to the premium scale
established by the commissioner. Persons 20 years of age or younger are exempt from
paying premiums.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2023, except that the sliding
premium scale established under paragraph (d) is effective January 1, 2025, and is contingent
upon implementation of the buy-in option established under Minnesota Statutes, section
256L.04, subdivision 15. The commissioner of human services shall notify the revisor of
statutes whether the buy-in option has been established under Minnesota Statutes, section
256L.04, subdivision 15.
new text end
Sec. 7. new text begin TRANSITION TO MINNESOTACARE BUY-IN OPTION.
new text end
new text begin
(a) The commissioner of human services shall continue to administer MinnesotaCare
as a basic health program in accordance with Minnesota Statutes, section 256L.02,
subdivision 5.
new text end
new text begin
(b) By January 1, 2025, the commissioner of human services shall implement a buy-in
option that allows individuals with income over 200 percent of the federal poverty level to
be determined eligible for MinnesotaCare. Eligible individuals must still meet all other
MinnesotaCare eligibility requirements. By December 15, 2023, the commissioner shall
present the following to the chairs and ranking minority members of the legislative
committees with jurisdiction over health care policy and finance:
new text end
new text begin
(1) an implementation plan for the MinnesotaCare buy-in under Minnesota Statutes,
section 256L.04, subdivision 15; and
new text end
new text begin
(2) any additional legislative changes needed for implementation.
new text end
new text begin
(c) The commissioner of human services shall seek any federal waivers, approvals, and
legislative changes necessary to implement a MinnesotaCare buy-in option. This includes
but is not limited to any waivers, approvals, or legislative changes necessary to allow the
state to:
new text end
new text begin
(1) continue to receive federal basic health program payments for basic health
program-eligible MinnesotaCare enrollees and to receive other federal funding for the
MinnesotaCare public option; and
new text end
new text begin
(2) receive federal payments equal to the value of premium tax credits and cost-sharing
reductions that MinnesotaCare enrollees with household incomes greater than 200 percent
of the federal poverty guidelines would have otherwise received.
new text end
new text begin
(d) In implementing this section, the commissioner of human services shall consult with
the commissioner of commerce and the board of directors of MNsure, and may contract for
technical and actuarial assistance.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
ARTICLE 6
WORKFORCE
Section 1.
new text begin
WORKFORCE INCENTIVE GRANTS.
new text end
new text begin
(a) The commissioner of human services shall establish a grant program for behavioral
health, disability, housing, and older adult Minnesota health care program providers to retain
frontline workers. The grants must be used for:
new text end
new text begin
(1) retention and incentive payments;
new text end
new text begin
(2) postsecondary loan and tuition payments;
new text end
new text begin
(3) child care payments to frontline workers; or
new text end
new text begin
(4) additional uses that the commissioner deems allowable.
new text end
new text begin
(b) Eligible workers are those who earn $30 or less per hour and have worked in an
eligible profession, as determined by the commissioner, for at least six months. Eligible
workers may receive a maximum annual incentive of up to $5,000.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022.
new text end
ARTICLE 7
FORECAST ADJUSTMENTS
Section 1. new text begin HUMAN SERVICES APPROPRIATION.
|
new text begin
The dollar amounts shown in the columns marked "Appropriations" are added to or, if
shown in parentheses, are subtracted from the appropriations in Laws 2021, First Special
Session chapter 7, article 16, from the general fund or any fund named to the Department
of Human Services for the purposes specified in this article, to be available for the fiscal
year indicated for each purpose. The figures "2022" and "2023" used in this article mean
that the appropriations listed under them are available for the fiscal years ending June 30,
2022, or June 30, 2023, respectively. "The first year" is fiscal year 2022. "The second year"
is fiscal year 2023. "The biennium" is fiscal years 2022 and 2023.
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
2022 new text end |
new text begin
2023 new text end |
|||||
Sec. 2. new text begin COMMISSIONER OF HUMAN
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
(349,333,000) new text end |
new text begin
$ new text end |
new text begin
97,064,000 new text end |
||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General Fund new text end |
new text begin
(234,016,000) new text end |
new text begin
120,525,000 new text end |
|
new text begin
Health Care Access Fund new text end |
new text begin
(25,878,000) new text end |
new text begin
(18,853,000) new text end |
|
new text begin
Federal TANF new text end |
new text begin
(89,439,000) new text end |
new text begin
(4,608,000) new text end |
new text begin Subd. 2. new text end
new text begin
Forecasted Programs
|
||||||
|
new text begin
(a) MFIP/DWP new text end |
||||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General Fund new text end |
new text begin
72,512,000 new text end |
new text begin
(593,000) new text end |
|
new text begin
Federal TANF new text end |
new text begin
(89,439,000) new text end |
new text begin
(4,608,000) new text end |
|
new text begin
(b) MFIP Child Care Assistance new text end |
new text begin
(103,347,000) new text end |
new text begin
(33,580,000) new text end |
||||
|
new text begin
(c) General Assistance new text end |
new text begin
(2,617,000) new text end |
new text begin
(1,488,000) new text end |
||||
|
new text begin
(d) Minnesota Supplemental Aid new text end |
new text begin
(1,003,000) new text end |
new text begin
268,000 new text end |
||||
|
new text begin
(e) Housing Support new text end |
new text begin
(1,151,000) new text end |
new text begin
4,123,000 new text end |
||||
|
new text begin
(f) Northstar Care for Children new text end |
new text begin
(4,793,000) new text end |
new text begin
(6,866,000) new text end |
||||
|
new text begin
(g) MinnesotaCare new text end |
new text begin
(25,878,000) new text end |
new text begin
(18,853,000) new text end |
||||
new text begin
These appropriations are from the health care
access fund.
new text end
|
new text begin
(h) Medical Assistance new text end |
||||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General Fund new text end |
new text begin
(180,728,000) new text end |
new text begin
183,979,000 new text end |
|
new text begin
Health Care Access Fund new text end |
new text begin
0 new text end |
new text begin
0 new text end |
|
new text begin
(i) Alternative Care Program new text end |
new text begin
0 new text end |
new text begin
0 new text end |
||||
|
new text begin
(j) Behavioral Health Fund new text end |
new text begin
(12,889,000) new text end |
new text begin
(25,318,000) new text end |
||||
new text begin Subd. 3. new text end
new text begin
Technical Activities
|
new text begin
0 new text end |
new text begin
0 new text end |
||||
new text begin
These appropriations are from the federal
TANF fund.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
ARTICLE 8
APPROPRIATIONS
Section 1. new text begin HEALTH AND HUMAN SERVICES APPROPRIATIONS.
|
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 2021, First Special Session chapter
7, article 16, to the agencies and for the purposes specified in this article. The appropriations
are from the general fund or other named fund and are available for the fiscal years indicated
for each purpose. The figures "2022" and "2023" used in this article mean that the addition
to or subtraction from the appropriation listed under them is available for the fiscal year
ending June 30, 2022, or June 30, 2023, respectively. Base adjustments mean the addition
to or subtraction from the base level adjustment set in Laws 2021, First Special Session
chapter 7, article 16. Supplemental appropriations and reductions to appropriations for the
fiscal year ending June 30, 2022, 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
2022 new text end |
new text begin
2023 new text end |
|||||
Sec. 2. new text begin COMMISSIONER OF HUMAN
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
335,000 new text end |
new text begin
$ new text end |
new text begin
441,150,000 new text end |
||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
2022 new text end |
new text begin
2023 new text end |
|
|
new text begin
General new text end |
new text begin
335,000 new text end |
new text begin
352,565,000 new text end |
|
new text begin
Health Care Access new text end |
new text begin
-0- new text end |
new text begin
61,517,000 new text end |
|
new text begin
Federal TANF new text end |
new text begin
-0- new text end |
new text begin
26,529,000 new text end |
|
new text begin
Opiate Epidemic Response new text end |
new text begin
-0- new text end |
new text begin
539,000 new text end |
new text begin Subd. 2. new text end
new text begin
Central Office; Operations
|
||||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
335,000 new text end |
new text begin
93,508,000 new text end |
|
new text begin
Health Care Access new text end |
new text begin
-0- new text end |
new text begin
27,750,000 new text end |
new text begin
(a) Background Studies. (1) $1,779,000 in
fiscal year 2023 is to provide a credit to
providers who paid for emergency background
studies in NETStudy 2.0. This is a onetime
appropriation.
new text end
new text begin
(2) $1,851,000 in fiscal year 2023 is to fund
the costs of reprocessing emergency studies
conducted under interagency agreements. This
is a onetime appropriation.
new text end
new text begin
(b) Supporting Drug Pricing Litigation
Costs. $228,000 in fiscal year 2022 is for costs
to comply with litigation requirements related
to pharmaceutical drug price litigation. This
is a onetime appropriation.
new text end
new text begin
(c) Base Level Adjustment. The general fund
base is increased $12,188,000 in fiscal year
2024 and $9,721,000 in fiscal year 2025. The
health care access fund base is increased
$17,677,000 in fiscal year 2024 and
$17,677,000 in fiscal year 2025.
new text end
new text begin Subd. 3. new text end
new text begin
Central Office; Children and Families
|
new text begin
-0- new text end |
new text begin
6,145,000 new text end |
||||
new text begin
(a) Child Tax Credit Outreach and
Research. $427,000 in fiscal year 2023 is for
a temporary outreach and research initiative
aimed at addressing systemic economic
barriers for children living in poverty by
improving the rate at which Minnesota
families apply for and receive the federal child
tax credits.
new text end
new text begin
(b) Base Level Adjustment. The general fund
base is increased $6,799,000 in fiscal year
2024 and $6,012,000 in fiscal year 2025.
new text end
new text begin Subd. 4. new text end
new text begin
Central Office; Health Care
|
||||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
-0- new text end |
new text begin
907,000 new text end |
|
new text begin
Health Care Access new text end |
new text begin
-0- new text end |
new text begin
4,298,000 new text end |
new text begin
(a) Interactive Voice Response and
Improving Access for Applications and
Forms. $1,350,000 in fiscal year 2023 is for
the improvement of accessibility to Minnesota
health care programs applications, forms, and
other consumer support resources and services
to enrollees with limited English proficiency.
This is a onetime appropriation.
new text end
new text begin
(b) Community-Driven Improvements.
$680,000 in fiscal year 2023 is for Minnesota
health care program enrollee engagement
activities.
new text end
new text begin
(c) Base Level Adjustment. The general fund
base is increased $836,000 in fiscal year 2024
and $836,000 in fiscal year 2025. The health
care access fund base is increased $4,087,000
in fiscal year 2024 and $6,300,000 in fiscal
year 2025.
new text end
new text begin Subd. 5. new text end
new text begin
Central Office; Community Supports
|
||||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
-0- new text end |
new text begin
4,858,000 new text end |
|
new text begin
Opioid Epidemic Response new text end |
new text begin
-0- new text end |
new text begin
539,000 new text end |
new text begin
new text begin Base Level Adjustment.new text end The general fund
base is increased $6,660,000 in fiscal year
2024 and $8,395,000 in fiscal year 2025.
new text end
new text begin Subd. 6. new text end
new text begin
Forecasted Programs; MFIP/DWP
|
||||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
-0- new text end |
new text begin
285,000 new text end |
|
new text begin
Federal TANF new text end |
new text begin
-0- new text end |
new text begin
529,000 new text end |
new text begin Subd. 7. new text end
new text begin
Forecasted Programs; MFIP Child Care
|
new text begin
-0- new text end |
new text begin
101,000 new text end |
||||
new text begin Subd. 8. new text end
new text begin
Forecasted Programs; General
|
new text begin
-0- new text end |
new text begin
48,000 new text end |
||||
new text begin Subd. 9. new text end
new text begin
Forecasted Programs; MinnesotaCare
|
new text begin
-0- new text end |
new text begin
15,116,000 new text end |
||||
new text begin
This appropriation is from the health care
access fund.
new text end
new text begin Subd. 10. new text end
new text begin
Forecasted Programs; Medical
|
||||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
-0- new text end |
new text begin
(8,571,000) new text end |
|
new text begin
Health Care Access new text end |
new text begin
-0- new text end |
new text begin
14,353,000 new text end |
new text begin Subd. 11. new text end
new text begin
Grant Programs; BSF Child Care
|
new text begin
-0- new text end |
new text begin
-0- new text end |
||||
new text begin
Base Level Adjustment. The general fund
base is increased $248,359,000 in fiscal year
2024 and $546,442,000 in fiscal year 2025.
new text end
new text begin Subd. 12. new text end
new text begin
Grant Programs; Child Care
|
new text begin
-0- new text end |
new text begin
31,706,000 new text end |
||||
new text begin
(a) Child Care Provider Access to
Technology Grants. $300,000 in fiscal year
2023 is for child care provider access to
technology grants pursuant to Minnesota
Statutes, section 119B.28.
new text end
new text begin
(b) One-Stop Regional Assistance Network.
Beginning in fiscal year 2025, the base shall
include $1,200,000 from the general fund for
a grant to the statewide child care resource
and referral network to administer the child
care one-stop shop regional assistance network
in accordance with Minnesota Statutes, section
119B.19, subdivision 7, clause (9).
new text end
new text begin
(c) Child Care Workforce Development
Grants. Beginning in fiscal year 2025, the
base shall include $1,300,000 for a grant to
the statewide child care resource and referral
network to administer the child care workforce
development grants in accordance with
Minnesota Statutes, section 119B.19,
subdivision 7, clause (10).
new text end
new text begin
(d) Shared Services Innovation Grants. The
base shall include $500,000 in fiscal year 2024
and $500,000 in fiscal year 2025 for shared
services innovation grants pursuant to
Minnesota Statutes, section 119B.27.
new text end
new text begin
(e) Stabilization Grants for Child Care
Providers Experiencing Financial Hardship.
$31,406,000 in fiscal year 2023 is for child
care stabilization grants for child care
programs in extreme financial hardship. This
is a onetime appropriation. Money not
distributed in fiscal year 2023 or 2024 shall
be available until June 30, 2025. Use of grant
money must be made in accordance with
eligibility and compliance requirements
established by the commissioner.
new text end
new text begin
(f) Base Level Adjustment. The general fund
base is increased $67,088,000 in fiscal year
2024 and $3,300,000 in fiscal year 2025.
new text end
new text begin Subd. 13. new text end
new text begin
Grant Programs; Children's Services
|
new text begin
-0- new text end |
new text begin
4,040,000 new text end |
||||
new text begin
(a) American Indian Child Welfare
Initiative; Mille Lacs Band of Ojibwe
Planning. $1,263,000 in fiscal year 2023 is
to support activities necessary for the Mille
Lacs Band of Ojibwe to join the American
Indian child welfare initiative.
new text end
new text begin
(b) Expand Parent Support Outreach
Program. The base shall include $7,000,000
in fiscal year 2024 and $7,000,000 in fiscal
year 2025 to expand the parent support
outreach program to community-based
agencies, public health agencies, and schools
to prevent reporting of and entry into the child
welfare system.
new text end
new text begin
(c) Thriving Families Safer Children. The
base shall include $30,000 in fiscal year 2024
to plan for an education attendance support
diversionary program to prevent entry into the
child welfare system. The commissioner shall
report back to the legislative committees that
oversee child welfare by January 1, 2025, on
the plan for this program. This is a onetime
appropriation.
new text end
new text begin
(d) Family Group Decision Making. The
base shall include $5,000,000 in fiscal year
2024 and $5,000,000 in fiscal year 2025 to
expand the use of family group decision
making to provide opportunity for family
voices concerning critical decisions in child
safety and prevent entry into the child welfare
system.
new text end
new text begin
(e) Child Welfare Promising Practices. The
base shall include $5,000,000 in fiscal year
2024 and $5,000,000 in fiscal year 2025 to
develop promising practices for prevention of
out-of-home placement of children and youth.
new text end
new text begin
(f) Family Assessment Response. The base
shall include $23,550,000 in fiscal year 2024
and $23,550,000 in fiscal year 2025 to support
counties and Tribes that are members of the
American Indian child welfare initiative in
providing case management services and
support for families being served under family
assessment response, and prevent entry into
the child welfare system.
new text end
new text begin
(g) Extend Support for Youth Leaving
Foster Care. $600,000 in fiscal year 2023 is
to extend financial supports for young adults
aging out of foster care to age 22.
new text end
new text begin
(h) Grants to Counties for Child Protection
Staff. $1,000,000 in fiscal year 2023 is to
provide grants to counties and American
Indian child welfare initiative Tribes to be
used to reduce extended foster care caseload
sizes to ten cases per worker.
new text end
new text begin
(i) Statewide Pool of Qualified Individuals.
$1,177,400 in fiscal year 2023 is for grants to
one or more grantees to establish and manage
a pool of state-funded qualified individuals to
assess potential out-of-home placement of a
child in a qualified residential treatment
program. Up to $200,000 of the grants each
fiscal year is available for grantee contracts to
manage the state-funded pool of qualified
individuals. This amount shall also pay for
qualified individual training, certification, and
background studies. Remaining grant money
shall be used until expended to provide
qualified individual services to counties and
Tribes that have joined the American Indian
child welfare initiative pursuant to Minnesota
Statutes, section 256.01, subdivision 14b, to
provide qualified residential treatment
program assessments at no cost to the county
or Tribal agency.
new text end
new text begin
(j) Base Level Adjustment. The general fund
base is increased $47,571,000 in fiscal year
2024 and $44,900,000 in fiscal year 2025.
new text end
new text begin Subd. 14. new text end
new text begin
Refugee Services Grants
|
new text begin
-0- new text end |
new text begin
5,111,000 new text end |
||||
new text begin
(a) Refugee and Immigrant Services.
$5,111,000 in fiscal year 2023 is to extend the
refugee and immigrant COVID-19 care line
and expand eligibility for self-sufficiency and
community integration services provided by
community-based nonprofit resettlement
agencies to immigrants in Minnesota.
new text end
new text begin
(b) Base Level Adjustment. The general fund
base is increased $5,083,000 in fiscal year
2024 and $0 in fiscal year 2025.
new text end
new text begin Subd. 15. new text end
new text begin
Grant Programs; Children and
|
new text begin
-0- new text end |
new text begin
69,099,000 new text end |
||||
new text begin
(a) Family and Community Resource Hubs.
$2,550,000 in fiscal year 2023 is to implement
a sustainable family and community resource
hub model through the community action
agencies under Minnesota Statutes, section
256E.31, and federally recognized Tribes. The
community resource hubs must offer
navigation to several supports and services,
including but not limited to basic needs and
economic assistance, disability services,
healthy development and screening,
developmental and behavioral concerns,
family well-being and mental health, early
learning and child care, dental care, legal
services, and culturally specific services for
American Indian families.
new text end
new text begin
(b) Tribal Food Sovereignty Infrastructure
Grants. $4,000,000 in fiscal year 2023 is for
capital and infrastructure development to
support food system changes and provide
equitable access to existing and new methods
of food support for American Indian
communities, including federally recognized
Tribes and American Indian nonprofit
organizations. This is a onetime appropriation
and is available until June 30, 2025.
new text end
new text begin
(c) Tribal Food Security. $2,836,000 in fiscal
year 2023 is to promote food security for
American Indian communities, including
federally recognized Tribes and American
Indian nonprofit organizations. This includes
hiring staff, providing culturally relevant
training for building food access, purchasing
technical assistance materials and supplies,
and planning for sustainable food systems.
new text end
new text begin
(d) Capital for Emergency Food
Distribution Facilities. $14,931,000 in fiscal
year 2023 is for improving and expanding the
infrastructure of food shelf facilities across
the state, including adding freezer or cooler
space and dry storage space, improving the
safety and sanitation of existing food shelves,
and addressing deferred maintenance or other
facility needs of existing food shelves. Grant
money shall be made available to nonprofit
organizations, federally recognized Tribes,
and local units of government. This is a
onetime appropriation and is available until
June 30, 2025.
new text end
new text begin
(e) Food Support Grants. $5,000,000 in
fiscal year 2023 is to provide additional
resources to a diverse food support network
that includes food shelves, food banks, and
meal and food outreach programs. Grant
money shall be made available to nonprofit
organizations, federally recognized Tribes,
and local units of government.
new text end
new text begin
(f) Base Level Adjustment. The general fund
base is increased $61,541,000 in fiscal year
2024 and $64,079,000 in fiscal year 2025.
new text end
new text begin Subd. 16. new text end
new text begin
Grant Programs; Health Care Grants
|
new text begin
-0- new text end |
new text begin
2,000,000 new text end |
||||
new text begin
This is a onetime appropriation.
new text end
new text begin
Health and Human Services Vaccination
Rates. $1,000,000 in fiscal year 2023 is for
community outreach grants to increase
vaccination rates among enrollees in
Minnesota health care programs. This is a
onetime appropriation.
new text end
new text begin Subd. 17. new text end
new text begin
Grant Programs; Other Long-Term
|
new text begin
-0- new text end |
new text begin
115,000,000 new text end |
||||
new text begin
Workforce Incentive Grants. $115,000,000
in fiscal year 2023 is for workforce grants to
behavioral health, disability, housing, and
older adult Minnesota health care program
providers for the purpose of retaining workers.
This is a onetime appropriation and is
available until June 30, 2025.
new text end
new text begin Subd. 18. new text end
new text begin
Grant Programs; Disabilities Grants
|
new text begin
-0- new text end |
new text begin
-0- new text end |
||||
new text begin
Base Level Adjustment. The general fund
base is increased $500,000 in fiscal year 2024
and $2,000,000 in fiscal year 2025.
new text end
new text begin Subd. 19. new text end
new text begin
Grant Programs; Housing Support
|
new text begin
-0- new text end |
new text begin
1,100,000 new text end |
||||
new text begin
(a) AmeriCorps Heading Home Corps.
$1,100,000 in fiscal year 2023 is for the
AmeriCorps Heading Home Corps program
to fund housing resource navigators supporting
individuals experiencing homelessness.
new text end
new text begin
(b) Base Level Adjustment. The general fund
base is increased $1,100,000 in fiscal year
2024 and $12,100,000 in fiscal year 2025.
new text end
new text begin Subd. 20. new text end
new text begin
Grant Programs; Adult Mental Health
|
new text begin
-0- new text end |
new text begin
7,927,000 new text end |
||||
new text begin
(a) Inpatient Psychiatric and Psychiatric
Residential Treatment Facilities.
$10,000,000 in fiscal year 2023 is for
competitive grants to hospitals or mental
health providers to retain, build, or expand
children's inpatient psychiatric beds for
children in need of acute high-level psychiatric
care or psychiatric residential treatment facility
beds as described in Minnesota Statutes,
section 256B.0941. In order to be eligible for
a grant, a hospital or mental health provider
must serve individuals covered by medical
assistance under Minnesota Statutes, section
256B.0625.
new text end
new text begin
(b) Expanding Support for Psychiatric
Residential Treatment Facilities. $800,000
in fiscal year 2023 is for start-up grants to
psychiatric residential treatment facilities as
described in Minnesota Statutes, section
256B.0941. Grantees can use grant money for
emergency workforce shortage uses.
Allowable grant uses related to emergency
workforce shortages may include but are not
limited to hiring and retention bonuses,
recruitment of a culturally responsive
workforce, and allowing providers to increase
the hourly rate in order to be competitive in
the market.
new text end
new text begin
(c) Base Level Adjustment. The general fund
base is increased $12,791,000 in fiscal year
2024 and $19,916,000 in fiscal year 2025. The
opiate epidemic response base is increased
$2,000,000 in fiscal year 2025.
new text end
new text begin Subd. 21. new text end
new text begin
Grant Programs; Child Mental Health
|
new text begin
-0- new text end |
new text begin
10,800,000 new text end |
||||
new text begin
new text begin Base Level Adjustment.new text end The general fund
base is increased $15,800,000 in fiscal year
2024 and $800,000 in fiscal year 2025.
new text end
new text begin Subd. 22. new text end
new text begin
Grant Programs; Chemical
|
new text begin
-0- new text end |
new text begin
2,000,000 new text end |
||||
new text begin
(a) Emerging Mood Disorder Grant
Program. $1,000,000 in fiscal year 2023 is
for emerging mood disorder grants under
Minnesota Statutes, section 245.4904.
Grantees must use grant money as required in
Minnesota Statutes, section 245.4904,
subdivision 2.
new text end
new text begin
(b) Substance Use Disorder Treatment and
Prevention Grants. The base shall include
$4,000,000 in fiscal year 2024 and $4,000,000
in fiscal year 2025 for substance use disorder
treatment and prevention grants recommended
by the substance use disorder advisory council.
new text end
new text begin
(c) Traditional Healing Grants. The base
shall include $2,000,000 in fiscal year 2025
to extend the traditional healing grant funding
appropriated in Laws 2019, chapter 63, article
3, section 1, paragraph (h), from the opiate
epidemic response account to the
commissioner of human services. This funding
is awarded to all Tribal nations and to five
urban Indian communities for traditional
healing practices to American Indians and to
increase the capacity of culturally specific
providers in the behavioral health workforce.
new text end
new text begin
(d) Base Level Adjustment. The general fund
base is increased $2,000,000 in fiscal year
2024 and $2,000,000 in fiscal year 2025.
new text end
new text begin Subd. 23. new text end
new text begin
Direct Care and Treatment -
|
new text begin
-0- new text end |
new text begin
6,501,000 new text end |
||||
new text begin
Base Level Adjustment. The general fund
base is increased $5,267,000 in fiscal year
2024 and $0 in fiscal year 2025.
new text end
new text begin Subd. 24. new text end
new text begin
Technical Activities
|
new text begin
-0- new text end |
new text begin
26,000,000 new text end |
||||
new text begin
(a) Transfers; Child Care and Development
Fund. For fiscal years 2024 and 2025, the base
shall include a transfer of $23,500,000 in fiscal
year 2024 and $23,500,000 in fiscal year 2025
from the TANF fund to the child care and
development fund. These are onetime
transfers.
new text end
new text begin
(b) Base Level Adjustment. The TANF base
is increased $49,500,000 in fiscal year 2024,
$49,500,000 in fiscal year 2025, and $0 in
fiscal year 2026.
new text end
Sec. 3. new text begin BOARD OF DIRECTORS OF MNSURE
|
||||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
2022 new text end |
new text begin
2023 new text end |
|
|
new text begin
General new text end |
new text begin
-0- new text end |
new text begin
7,775,000 new text end |
|
new text begin
Health Care Access new text end |
new text begin
-0- new text end |
new text begin
3,500,000 new text end |
new text begin
These appropriations may be transferred to
the MNSure account established by Minnesota
Statutes, section 62V.07. The health care
access fund appropriation is onetime.
new text end
new text begin
Base Adjustment. The general fund base for
this appropriation is $7,476,000 in fiscal year
2024, $3,521,000 in fiscal year 2025, and $0
in fiscal year 2026.
new text end
APPENDIX
Repealed Minnesota Statutes: 22-05640
119B.03 BASIC SLIDING FEE PROGRAM.
Subdivision 1.
Notice of allocation.
By October 1 of each year, the commissioner shall notify all counties of their final child care fund program allocation.
Subd. 2.
Waiting list.
Each county that receives funds under this section must keep a written record and report to the commissioner the number of eligible families who have applied for a child care subsidy or have requested child care assistance. Counties shall perform a preliminary determination of eligibility when a family requests child care assistance. At a minimum, a county must make a preliminary determination of eligibility based on family size, income, and authorized activity. A family seeking child care assistance must provide the required information to the county. A family that appears to be eligible must be put on a waiting list if funds are not immediately available. The waiting list must identify students in need of child care. Counties must review and update their waiting list at least every six months.
Subd. 4.
Funding priority.
(a) First priority for child care assistance under the basic sliding fee program must be given to eligible non-MFIP families who do not have a high school diploma or commissioner of education-selected high school equivalency certification or who need remedial and basic skill courses in order to pursue employment or to pursue education leading to employment and who need child care assistance to participate in the education program. This includes student parents as defined under section 119B.011, subdivision 19b. Within this priority, the following subpriorities must be used:
(1) child care needs of minor parents;
(2) child care needs of parents under 21 years of age; and
(3) child care needs of other parents within the priority group described in this paragraph.
(b) Second priority must be given to parents who have completed their MFIP or DWP transition year, or parents who are no longer receiving or eligible for diversionary work program supports.
(c) Third priority must be given to families who are eligible for portable basic sliding fee assistance through the portability pool under subdivision 9.
(d) Fourth priority must be given to families in which at least one parent is a veteran as defined under section 197.447.
(e) Families under paragraph (b) must be added to the basic sliding fee waiting list on the date they begin the transition year under section 119B.011, subdivision 20, and must be moved into the basic sliding fee program as soon as possible after they complete their transition year.
Subd. 4a.
Temporary reprioritization.
(a) Notwithstanding subdivision 4, priority for child care assistance under the basic sliding fee assistance program shall be determined according to this subdivision beginning July 1, 2021, through May 31, 2024.
(b) First priority must be given to eligible non-MFIP families who do not have a high school diploma or commissioner of education-selected high school equivalency certification or who need remedial and basic skill courses in order to pursue employment or to pursue education leading to employment and who need child care assistance to participate in the education program. This includes student parents as defined under section 119B.011, subdivision 19b. Within this priority, the following subpriorities must be used:
(1) child care needs of minor parents;
(2) child care needs of parents under 21 years of age; and
(3) child care needs of other parents within the priority group described in this paragraph.
(c) Second priority must be given to families in which at least one parent is a veteran, as defined under section 197.447.
(d) Third priority must be given to eligible families who do not meet the specifications of paragraph (b), (c), (e), or (f).
(e) Fourth priority must be given to families who are eligible for portable basic sliding fee assistance through the portability pool under subdivision 9.
(f) Fifth priority must be given to eligible families receiving services under section 119B.011, subdivision 20a, if the parents have completed their MFIP or DWP transition year, or if the parents are no longer receiving or eligible for DWP supports.
(g) Families under paragraph (f) must be added to the basic sliding fee waiting list on the date they complete their transition year under section 119B.011, subdivision 20.
Subd. 5.
Review of use of funds; reallocation.
(a) After each quarter, the commissioner shall review the use of basic sliding fee program allocations by county. The commissioner may reallocate unexpended or unencumbered money among those counties who have expended their full allocation or may allow a county to expend up to ten percent of its allocation in the subsequent allocation period.
(b) Any unexpended state and federal appropriations from the first year of the biennium may be carried forward to the second year of the biennium.
Subd. 6.
Allocation formula.
The allocation component of basic sliding fee state and federal funds shall be allocated on a calendar year basis. Funds shall be allocated first in amounts equal to each county's guaranteed floor according to subdivision 8, with any remaining available funds allocated according to the following formula:
(a) One-fourth of the funds shall be allocated in proportion to each county's total expenditures for the basic sliding fee child care program reported during the most recent fiscal year completed at the time of the notice of allocation.
(b) Up to one-fourth of the funds shall be allocated in proportion to the number of families participating in the transition year child care program as reported during and averaged over the most recent six months completed at the time of the notice of allocation. Funds in excess of the amount necessary to serve all families in this category shall be allocated according to paragraph (e).
(c) Up to one-half of the funds shall be allocated in proportion to the average of each county's most recent 12 months of reported waiting list as defined in subdivision 2 and the reinstatement list of those families whose assistance was terminated with the approval of the commissioner under Minnesota Rules, part 3400.0183, subpart 1. Funds in excess of the amount necessary to serve all families in this category shall be allocated according to paragraph (e).
(d) The amount necessary to serve all families in paragraphs (b) and (c) shall be calculated based on the basic sliding fee average cost of care per family in the county with the highest cost in the most recently completed calendar year.
(e) Funds in excess of the amount necessary to serve all families in paragraphs (b) and (c) shall be allocated in proportion to each county's total expenditures for the basic sliding fee child care program reported during the most recent fiscal year completed at the time of the notice of allocation.
Subd. 6a.
Allocation due to increased funding.
When funding increases are implemented within a calendar year, every county must receive an allocation at least equal to its original allocation for the same time period. The remainder of the allocation must be recalculated to reflect the funding increase, according to formulas identified in subdivision 6.
Subd. 6b.
Allocation due to decreased funding.
When funding decreases are implemented within a calendar year, county allocations must be reduced in an amount proportionate to the reduction in the total allocation for the same time period. This applies when a funding decrease necessitates the revision of an existing calendar year allocation.
Subd. 8.
Guaranteed floor.
(a) Beginning January 1, 1996, each county's guaranteed floor shall equal 90 percent of the allocation received in the preceding calendar year. For the period January 1, 1999, to December 31, 1999, each county's guaranteed floor must be equal to its original calendar year 1998 allocation or its actual earnings for calendar year 1998, whichever is less.
(b) When the amount of funds available for allocation is less than the amount available in the previous year, each county's previous year allocation shall be reduced in proportion to the reduction in the statewide funding, for the purpose of establishing the guaranteed floor.
169A.70 ALCOHOL SAFETY PROGRAMS; CHEMICAL USE ASSESSMENTS.
Subd. 6.
Method of assessment.
(a) As used in this subdivision, "collateral contact" means an oral or written communication initiated by an assessor for the purpose of gathering information from an individual or agency, other than the offender, to verify or supplement information provided by the offender during an assessment under this section. The term includes contacts with family members and criminal justice agencies.
(b) An assessment conducted under this section must include at least one personal interview with the offender designed to make a determination about the extent of the offender's past and present chemical and alcohol use or abuse. It must also include collateral contacts and a review of relevant records or reports regarding the offender including, but not limited to, police reports, arrest reports, driving records, chemical testing records, and test refusal records. If the offender has a probation officer, the officer must be the subject of a collateral contact under this subdivision. If an assessor is unable to make collateral contacts, the assessor shall specify why collateral contacts were not made.
245G.22 OPIOID TREATMENT PROGRAMS.
Subd. 19.
Placing authorities.
A program must provide certain notification and client-specific updates to placing authorities for a client who is enrolled in Minnesota health care programs. At the request of the placing authority, the program must provide client-specific updates, including but not limited to informing the placing authority of positive drug testings and changes in medications used for the treatment of opioid use disorder ordered for the client.
254A.02 DEFINITIONS.
Subd. 8a.
Placing authority.
"Placing authority" means a county, prepaid health plan, or tribal governing board governed by Minnesota Rules, parts 9530.6600 to 9530.6655.
254A.16 RESPONSIBILITIES OF THE COMMISSIONER.
Subd. 6.
Monitoring.
The commissioner shall gather and placing authorities shall provide information to measure compliance with Minnesota Rules, parts 9530.6600 to 9530.6655. The commissioner shall specify the format for data collection to facilitate tracking, aggregating, and using the information.
254A.19 CHEMICAL USE ASSESSMENTS.
Subd. 1a.
Emergency room patients.
A county may enter into a contract with a hospital to provide chemical use assessments under Minnesota Rules, parts 9530.6600 to 9530.6655, for patients admitted to an emergency room or inpatient hospital when:
(1) an assessor is not available; and
(2) detoxification services in the county are at full capacity.
Subd. 2.
Probation officer as contact.
When a chemical use assessment is required under Minnesota Rules, parts 9530.6600 to 9530.6655, for a person who is on probation or under other correctional supervision, the assessor, either orally or in writing, shall contact the person's probation officer to verify or supplement the information provided by the person.
Subd. 5.
Assessment via telehealth.
Notwithstanding Minnesota Rules, part 9530.6615, subpart 3, item A, a chemical use assessment may be conducted via telehealth as defined in section 256B.0625, subdivision 3b.
254B.04 ELIGIBILITY FOR BEHAVIORAL HEALTH FUND SERVICES.
Subd. 2b.
Eligibility for placement in opioid treatment programs.
Prior to placement of an individual who is determined by the assessor to require treatment for opioid addiction, the assessor must provide educational information concerning treatment options for opioid addiction, including the use of a medication for the use of opioid addiction. The commissioner shall develop educational materials supported by research and updated periodically that must be used by assessors to comply with this requirement.
Subd. 2c.
Eligibility to receive peer recovery support and treatment service coordination.
Notwithstanding Minnesota Rules, part 9530.6620, subpart 6, a placing authority may authorize peer recovery support and treatment service coordination for a person who scores a severity of one or more in dimension 4, 5, or 6, under Minnesota Rules, part 9530.6622. Authorization for peer recovery support and treatment service coordination under this subdivision does not need to be provided in conjunction with treatment services under Minnesota Rules, part 9530.6622, subpart 4, 5, or 6.
254B.041 CHEMICAL DEPENDENCY RULES.
Subd. 2.
Vendor collections; rule amendment.
The commissioner may amend Minnesota Rules, parts 9530.7000 to 9530.7025, to require a vendor of chemical dependency transitional and extended care rehabilitation services to collect the cost of care received under a program from an eligible person who has been determined to be partially responsible for treatment costs, and to remit the collections to the commissioner. The commissioner shall pay to a vendor, for the collections, an amount equal to five percent of the collections remitted to the commissioner by the vendor.
256J.08 DEFINITIONS.
Subd. 10.
Budget month.
"Budget month" means the calendar month which the county agency uses to determine the income or circumstances of an assistance unit to calculate the amount of the assistance payment in the payment month.
Subd. 53.
Lump sum.
"Lump sum" means nonrecurring income as described in section 256P.06, subdivision 3, clause (2), item (ix).
Subd. 61.
Monthly income test.
"Monthly income test" means the test used to determine ongoing eligibility and the assistance payment amount according to section 256J.21.
Subd. 62.
Nonrecurring income.
"Nonrecurring income" means a form of income which is received:
(1) only one time or is not of a continuous nature; or
(2) in a prospective payment month but is no longer received in the corresponding retrospective payment month.
Subd. 81.
Retrospective budgeting.
"Retrospective budgeting" means a method of determining the amount of the assistance payment in which the payment month is the second month after the budget month.
Subd. 83.
Significant change.
"Significant change" means a decline in gross income of the amount of the disregard as defined in section 256P.03 or more from the income used to determine the grant for the current month.
256J.30 APPLICANT AND PARTICIPANT REQUIREMENTS AND RESPONSIBILITIES.
Subd. 5.
Monthly MFIP household reports.
Each assistance unit with a member who has earned income or a recent work history, and each assistance unit that has income deemed to it from a financially responsible person must complete a monthly MFIP household report form. "Recent work history" means the individual received earned income in the report month or any of the previous three calendar months even if the earnings are excluded. To be complete, the MFIP household report form must be signed and dated by the caregivers no earlier than the last day of the reporting period. All questions required to determine assistance payment eligibility must be answered, and documentation of earned income must be included.
Subd. 7.
Due date of MFIP household report form.
An MFIP household report form must be received by the county agency by the eighth calendar day of the month following the reporting period covered by the form. When the eighth calendar day of the month falls on a weekend or holiday, the MFIP household report form must be received by the county agency the first working day that follows the eighth calendar day.
Subd. 8.
Late MFIP household report forms.
(a) Paragraphs (b) to (e) apply to the reporting requirements in subdivision 7.
(b) When the county agency receives an incomplete MFIP household report form, the county agency must immediately contact the caregiver by phone or in writing to acquire the necessary information to complete the form.
(c) The automated eligibility system must send a notice of proposed termination of assistance to the assistance unit if a complete MFIP household report form is not received by a county agency. The automated notice must be mailed to the caregiver by approximately the 16th of the month. When a caregiver submits an incomplete form on or after the date a notice of proposed termination has been sent, the termination is valid unless the caregiver submits a complete form before the end of the month.
(d) An assistance unit required to submit an MFIP household report form is considered to have continued its application for assistance if a complete MFIP household report form is received within a calendar month after the month in which the form was due and assistance shall be paid for the period beginning with the first day of that calendar month.
(e) A county agency must allow good cause exemptions from the reporting requirements under subdivision 5 when any of the following factors cause a caregiver to fail to provide the county agency with a completed MFIP household report form before the end of the month in which the form is due:
(1) an employer delays completion of employment verification;
(2) a county agency does not help a caregiver complete the MFIP household report form when the caregiver asks for help;
(3) a caregiver does not receive an MFIP household report form due to mistake on the part of the department or the county agency or due to a reported change in address;
(4) a caregiver is ill, or physically or mentally incapacitated; or
(5) some other circumstance occurs that a caregiver could not avoid with reasonable care which prevents the caregiver from providing a completed MFIP household report form before the end of the month in which the form is due.
256J.33 PROSPECTIVE AND RETROSPECTIVE MFIP ELIGIBILITY.
Subd. 3.
Retrospective eligibility.
After the first two months of MFIP eligibility, a county agency must continue to determine whether an assistance unit is prospectively eligible for the payment month by looking at all factors other than income and then determine whether the assistance unit is retrospectively income eligible by applying the monthly income test to the income from the budget month. When the monthly income test is not satisfied, the assistance payment must be suspended when ineligibility exists for one month or ended when ineligibility exists for more than one month.
Subd. 4.
Monthly income test.
A county agency must apply the monthly income test retrospectively for each month of MFIP eligibility. An assistance unit is not eligible when the countable income equals or exceeds the MFIP standard of need or the family wage level for the assistance unit. The income applied against the monthly income test must include:
(1) gross earned income from employment as described in chapter 256P, prior to mandatory payroll deductions, voluntary payroll deductions, wage authorizations, and after the disregards in section 256J.21, subdivision 4, and the allocations in section 256J.36;
(2) gross earned income from self-employment less deductions for self-employment expenses in section 256J.37, subdivision 5, but prior to any reductions for personal or business state and federal income taxes, personal FICA, personal health and life insurance, and after the disregards in section 256J.21, subdivision 4, and the allocations in section 256J.36;
(3) unearned income as described in section 256P.06, subdivision 3, after deductions for allowable expenses in section 256J.37, subdivision 9, and allocations in section 256J.36;
(4) gross earned income from employment as determined under clause (1) which is received by a member of an assistance unit who is a minor child or minor caregiver and less than a half-time student;
(5) child support received by an assistance unit, excluded under section 256P.06, subdivision 3, clause (2), item (xvi);
(6) spousal support received by an assistance unit;
(7) the income of a parent when that parent is not included in the assistance unit;
(8) the income of an eligible relative and spouse who seek to be included in the assistance unit; and
(9) the unearned income of a minor child included in the assistance unit.
Subd. 5.
When to terminate assistance.
When an assistance unit is ineligible for MFIP assistance for two consecutive months, the county agency must terminate MFIP assistance.
256J.34 CALCULATING ASSISTANCE PAYMENTS.
Subdivision 1.
Prospective budgeting.
A county agency must use prospective budgeting to calculate the assistance payment amount for the first two months for an applicant who has not received assistance in this state for at least one payment month preceding the first month of payment under a current application. Notwithstanding subdivision 3, paragraph (a), clause (2), a county agency must use prospective budgeting for the first two months for a person who applies to be added to an assistance unit. Prospective budgeting is not subject to overpayments or underpayments unless fraud is determined under section 256.98.
(a) The county agency must apply the income received or anticipated in the first month of MFIP eligibility against the need of the first month. The county agency must apply the income received or anticipated in the second month against the need of the second month.
(b) When the assistance payment for any part of the first two months is based on anticipated income, the county agency must base the initial assistance payment amount on the information available at the time the initial assistance payment is made.
(c) The county agency must determine the assistance payment amount for the first two months of MFIP eligibility by budgeting both recurring and nonrecurring income for those two months.
Subd. 2.
Retrospective budgeting.
The county agency must use retrospective budgeting to calculate the monthly assistance payment amount after the payment for the first two months has been made under subdivision 1.
Subd. 3.
Additional uses of retrospective budgeting.
Notwithstanding subdivision 1, the county agency must use retrospective budgeting to calculate the monthly assistance payment amount for the first two months under paragraphs (a) and (b).
(a) The county agency must use retrospective budgeting to determine the amount of the assistance payment in the first two months of MFIP eligibility:
(1) when an assistance unit applies for assistance for the same month for which assistance has been interrupted, the interruption in eligibility is less than one payment month, the assistance payment for the preceding month was issued in this state, and the assistance payment for the immediately preceding month was determined retrospectively; or
(2) when a person applies in order to be added to an assistance unit, that assistance unit has received assistance in this state for at least the two preceding months, and that person has been living with and has been financially responsible for one or more members of that assistance unit for at least the two preceding months.
(b) Except as provided in clauses (1) to (4), the county agency must use retrospective budgeting and apply income received in the budget month by an assistance unit and by a financially responsible household member who is not included in the assistance unit against the MFIP standard of need or family wage level to determine the assistance payment to be issued for the payment month.
(1) When a source of income ends prior to the third payment month, that income is not considered in calculating the assistance payment for that month. When a source of income ends prior to the fourth payment month, that income is not considered when determining the assistance payment for that month.
(2) When a member of an assistance unit or a financially responsible household member leaves the household of the assistance unit, the income of that departed household member is not budgeted retrospectively for any full payment month in which that household member does not live with that household and is not included in the assistance unit.
(3) When an individual is removed from an assistance unit because the individual is no longer a minor child, the income of that individual is not budgeted retrospectively for payment months in which that individual is not a member of the assistance unit, except that income of an ineligible child in the household must continue to be budgeted retrospectively against the child's needs when the parent or parents of that child request allocation of their income against any unmet needs of that ineligible child.
(4) When a person ceases to have financial responsibility for one or more members of an assistance unit, the income of that person is not budgeted retrospectively for the payment months which follow the month in which financial responsibility ends.
Subd. 4.
Significant change in gross income.
The county agency must recalculate the assistance payment when an assistance unit experiences a significant change, as defined in section 256J.08, resulting in a reduction in the gross income received in the payment month from the gross income received in the budget month. The county agency must issue a supplemental assistance payment based on the county agency's best estimate of the assistance unit's income and circumstances for the payment month. Supplemental assistance payments that result from significant changes are limited to two in a 12-month period regardless of the reason for the change. Notwithstanding any other statute or rule of law, supplementary assistance payments shall not be made when the significant change in income is the result of receipt of a lump sum, receipt of an extra paycheck, business fluctuation in self-employment income, or an assistance unit member's participation in a strike or other labor action.
256J.37 TREATMENT OF INCOME AND LUMP SUMS.
Subd. 10.
Treatment of lump sums.
(a) The agency must treat lump-sum payments as earned or unearned income. If the lump-sum payment is included in the category of income identified in subdivision 9, it must be treated as unearned income. A lump sum is counted as income in the month received and budgeted either prospectively or retrospectively depending on the budget cycle at the time of receipt. When an individual receives a lump-sum payment, that lump sum must be combined with all other earned and unearned income received in the same budget month, and it must be applied according to paragraphs (a) to (c). A lump sum may not be carried over into subsequent months. Any funds that remain in the third month after the month of receipt are counted in the asset limit.
(b) For a lump sum received by an applicant during the first two months, prospective budgeting is used to determine the payment and the lump sum must be combined with other earned or unearned income received and budgeted in that prospective month.
(c) For a lump sum received by a participant after the first two months of MFIP eligibility, the lump sum must be combined with other income received in that budget month, and the combined amount must be applied retrospectively against the applicable payment month.
(d) When a lump sum, combined with other income under paragraphs (b) and (c), is less than the MFIP transitional standard for the appropriate payment month, the assistance payment must be reduced according to the amount of the countable income. When the countable income is greater than the MFIP standard or family wage level, the assistance payment must be suspended for the payment month.
Repealed Minnesota Rule: 22-05640
9530.7000 DEFINITIONS.
Subpart 1.
Scope.
For the purposes of parts 9530.7000 to 9530.7030, the following terms have the meanings given them.
Subp. 2.
Chemical.
"Chemical" means alcohol, solvents, and other mood altering substances, including controlled substances as defined in Minnesota Statutes, chapter 152.
Subp. 5.
Chemical dependency treatment services.
"Chemical dependency treatment services" means services provided by chemical dependency treatment programs licensed according to Minnesota Statutes, chapter 245G, or certified according to parts 2960.0450 to 2960.0490.
Subp. 6.
Client.
"Client" means an individual who has requested chemical abuse or dependency services, or for whom chemical abuse or dependency services have been requested, from a local agency.
Subp. 7.
Commissioner.
"Commissioner" means the commissioner of the Minnesota Department of Human Services or the commissioner's designated representative.
Subp. 8.
Behavioral health fund.
"Behavioral health fund" means money appropriated for payment of chemical dependency treatment services under Minnesota Statutes, chapter 254B.
Subp. 9.
Copayment.
"Copayment" means the amount an insured person is obligated to pay before the person's third-party payment source is obligated to make a payment, or the amount an insured person is obligated to pay in addition to the amount the person's third-party payment source is obligated to pay.
Subp. 10.
Drug and Alcohol Abuse Normative Evaluation System or DAANES.
"Drug and Alcohol Abuse Normative Evaluation System" or "DAANES" means the client information system operated by the department's Chemical Dependency Program Division.
Subp. 13.
Income.
"Income" means the total amount of cash received by an individual from the following sources:
B.
cash receipts from nonfarm or farm self-employment, minus deductions allowed by the federal Internal Revenue Service for business or farm expenses;
C.
regular cash payments from social security, railroad retirement, unemployment compensation, workers' union funds, veterans' benefits, the Minnesota family investment program, Supplemental Security Income, General Assistance, training stipends, alimony, child support, and military family allotments;
D.
cash payments from private pensions, government employee pensions, and regular insurance or annuity payments;
F.
periodic cash receipts from estates or trusts.
Income does not include capital gains; any cash assets drawn down as withdrawals from a bank, the sale of property, a house, or a car; tax refunds, gifts, lump sum inheritances, one time insurance payments, or compensation for injury; court-ordered child support or health insurance premium payments made by the client or responsible relative; and noncash benefits such as health insurance, food or rent received in lieu of wages, and noncash benefits from programs such as Medicare, Medical Assistance, the Supplemental Nutrition Assistance Program, school lunches, and housing assistance. Annual income is the amount reported and verified by an individual as current income calculated prospectively to cover one year.
Subp. 14.
Local agency.
"Local agency" means the county or multicounty agency authorized under Minnesota Statutes, sections 254B.01, subdivision 5, and 254B.03, subdivision 1, to make placements under the behavioral health fund.
Subp. 17a.
Policyholder.
"Policyholder" means a person who has a third-party payment policy under which a third-party payment source has an obligation to pay all or part of a client's treatment costs.
Subp. 19.
Responsible relative.
"Responsible relative" means a person who is a member of the client's household and is a client's spouse or the parent of a minor child who is a client.
Subp. 20.
Third-party payment source.
"Third-party payment source" means a person, entity, or public or private agency other than medical assistance or general assistance medical care that has a probable obligation to pay all or part of the costs of a client's chemical dependency treatment.
9530.7005 SCOPE AND APPLICABILITY.
Parts 9530.7000 to 9530.7030 govern the administration of the behavioral health fund, establish the criteria to be applied by local agencies to determine a client's eligibility under the behavioral health fund, and establish a client's obligation to pay for chemical dependency treatment services.
These parts must be read in conjunction with Minnesota Statutes, chapter 254B, and parts 9530.6600 to 9530.6655.
9530.7010 COUNTY RESPONSIBILITY TO PROVIDE SERVICES.
The local agency shall provide chemical dependency treatment services to eligible clients who have been assessed and placed by the county according to parts 9530.6600 to 9530.6655 and Minnesota Statutes, chapter 256G.
9530.7012 VENDOR AGREEMENTS.
When a local agency enters into an agreement with a vendor of chemical dependency treatment services, the agreement must distinguish client per unit room and board costs from per unit chemical dependency treatment services costs.
For purposes of this part, "chemical dependency treatment services costs" are costs, including related administrative costs, of services that meet the criteria in items A to C:
A.
The services are provided within a program licensed according to Minnesota Statutes, chapter 245G, or certified according to parts 2960.0430 to 2960.0490.
B.
The services meet the definition of chemical dependency services in Minnesota Statutes, section 254B.01, subdivision 3.
C.
The services meet the applicable service standards for licensed chemical dependency treatment programs in item A, but are not under the jurisdiction of the commissioner.
This part also applies to vendors of room and board services that are provided concurrently with chemical dependency treatment services according to Minnesota Statutes, sections 254B.03, subdivision 2, and 254B.05, subdivision 1.
This part does not apply when a county contracts for chemical dependency services in an acute care inpatient hospital licensed by the Department of Health under chapter 4640.
9530.7015 CLIENT ELIGIBILITY; BEHAVIORAL HEALTH FUND.
Subpart 1.
Client eligibility to have treatment totally paid under the behavioral health fund.
A client who meets the criteria established in item A, B, C, or D shall be eligible to have chemical dependency treatment paid for totally with funds from the behavioral health fund.
B.
The client is eligible for medical assistance as determined under parts 9505.0010 to 9505.0140.
Subp. 2a.
Third-party payment source and client eligibility for the behavioral health fund.
Clients who meet the financial eligibility requirement in subpart 1 and who have a third-party payment source are eligible for the behavioral health fund if the third party payment source pays less than 100 percent of the treatment services determined according to parts 9530.6600 to 9530.6655.
Subp. 4.
Client ineligible to have treatment paid for from the behavioral health fund.
A client who meets the criteria in item A or B shall be ineligible to have chemical dependency treatment services paid for with behavioral health funds.
A.
The client has an income that exceeds current household size and income guidelines for entitled persons as defined in Minnesota Statutes, section 254B.04, subdivision 1, and as determined by the local agency under part 9530.7020, subpart 1.
B.
The client has an available third-party payment source that will pay the total cost of the client's treatment.
Subp. 5.
Eligibility of clients disenrolled from prepaid health plans.
A client who is disenrolled from a state prepaid health plan during a treatment episode is eligible for continued treatment service that is paid for by the behavioral health fund, until the treatment episode is completed or the client is re-enrolled in a state prepaid health plan if the client meets the criteria in item A or B. The client must:
A.
continue to be enrolled in MinnesotaCare, medical assistance, or general assistance medical care; or
Subp. 6.
County responsibility.
When a county commits a client under Minnesota Statutes, chapter 253B, to a regional treatment center for chemical dependency treatment services and the client is ineligible for the behavioral health fund, the county is responsible for the payment to the regional treatment center according to Minnesota Statutes, section 254B.05, subdivision 4.
9530.7020 LOCAL AGENCY TO DETERMINE CLIENT ELIGIBILITY.
Subpart 1.
Local agency duty to determine client eligibility.
The local agency shall determine a client's eligibility for the behavioral health fund at the time the client is assessed under parts 9530.6600 to 9530.6655. Client eligibility must be determined using forms prescribed by the department. To determine a client's eligibility, the local agency must determine the client's income, the size of the client's household, the availability of a third-party payment source, and a responsible relative's ability to pay for the client's chemical dependency treatment, as specified in items A to C.
A.
The local agency must determine the client's income. A client who is a minor child shall not be deemed to have income available to pay for chemical dependency treatment, unless the minor child is responsible for payment under Minnesota Statutes, section 144.347, for chemical dependency treatment services sought under Minnesota Statutes, section 144.343, subdivision 1.
B.
The local agency must determine the client's household size according to subitems (1), (2), and (3).
(1)
If the client is a minor child, the household size includes the following persons living in the same dwelling unit:
(2)
If the client is an adult, the household size includes the following persons living in the same dwelling unit:
(3)
For purposes of this item, household size includes a person listed in subitems (1) and (2) who is in out-of-home placement if a person listed in subitem (1) or (2) is contributing to the cost of care of the person in out-of-home placement.
C.
The local agency must determine the client's current prepaid health plan enrollment, the availability of a third-party payment source, including the availability of total payment, partial payment, and amount of copayment.
D.
The local agency must provide the required eligibility information to the department in the manner specified by the department.
E.
The local agency shall require the client and policyholder to conditionally assign to the department the client and policyholder's rights and the rights of minor children to benefits or services provided to the client if the department is required to collect from a third-party pay source.
Subp. 1a.
Redetermination of client eligibility.
The local agency shall redetermine a client's eligibility for CCDTF every six months after the initial eligibility determination, if the client has continued to receive uninterrupted chemical dependency treatment services for that six months. For purposes of this subpart, placement of a client into more than one chemical dependency treatment program in less than ten working days, or placement of a client into a residential chemical dependency treatment program followed by nonresidential chemical dependency treatment services shall be treated as a single placement.
Subp. 2.
Client, responsible relative, and policyholder obligation to cooperate.
A client, responsible relative, and policyholder shall provide income or wage verification, household size verification, and shall make an assignment of third-party payment rights under subpart 1, item C. If a client, responsible relative, or policyholder does not comply with the provisions of this subpart, the client shall be deemed to be ineligible to have the behavioral health fund pay for his or her chemical dependency treatment, and the client and responsible relative shall be obligated to pay for the full cost of chemical dependency treatment services provided to the client.
9530.7021 PAYMENT AGREEMENTS.
When the local agency, the client, and the vendor agree that the vendor will accept payment from a third-party payment source for an eligible client's treatment, the local agency, the client, and the vendor shall enter into a third-party payment agreement. The agreement must stipulate that the vendor will accept, as payment in full for services provided to the client, the amount the third-party payor is obligated to pay for services provided to the client. The agreement must be executed in a form prescribed by the commissioner and is not effective unless an authorized representative of each of the three parties has signed it. The local agency shall maintain a record of third-party payment agreements into which the local agency has entered.
The vendor shall notify the local agency as soon as possible and not less than one business day before discharging a client whose treatment is covered by a payment agreement under this part if the discharge is caused by disruption of the third-party payment.
9530.7022 CLIENT FEES.
9530.7025 DENIAL OF PAYMENT.
Subpart 1.
Denial of payment when required assessment not completed.
The department shall deny payments from the behavioral health fund to vendors for chemical dependency treatment services provided to clients who have not been assessed and placed by the county in accordance with parts 9530.6600 to 9530.6655.
Subp. 2.
Denial of state participation in behavioral health fund payments when client found not eligible.
The department shall pay vendors from the behavioral health fund for chemical dependency treatment services provided to clients and shall bill the county for 100 percent of the costs of chemical dependency treatment services as follows:
A.
The department shall bill the county for 100 percent of the costs of a client's chemical dependency treatment services when the department determines that the client was not placed in accordance with parts 9530.6600 to 9530.6655.
B.
When a county's allocation under Minnesota Statutes, section 254B.02, subdivisions 1 and 2, has been exhausted, and the county's maintenance of effort has been met as required under Minnesota Statutes, section 254B.02, subdivision 3, and the local agency has been notified by the department that the only clients who are eligible to have their treatment paid for from the behavioral health fund are clients who are eligible under part 9530.7015, subpart 1, the department shall bill the county for 100 percent of the costs of a client's chemical dependency treatment services when the department determines that the client was not eligible under part 9530.7015, subpart 1.
9530.7030 VENDOR MUST PARTICIPATE IN DAANES SYSTEM.
Subpart 1.
Participation a condition of eligibility.
To be eligible for payment under the behavioral health fund, a vendor must participate in the Drug and Alcohol Normative Evaluation System (DAANES) or submit to the commissioner the information required in DAANES in the format specified by the commissioner.