SF 148

2nd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to human services; changing mental health provisions; requiring
mental health assessments for certain inmates; establishing children's mental
health grants and training; requiring a study to determine the feasibility of
requiring students of higher education to carry health insurance; creating a loan
forgiveness program; establishing the Crisis Intervention Team State Council;
making changes to mental health funding provisions; establishing pilot projects;
authorizing grant funding; requiring reports; appropriating money; amending
Minnesota Statutes 2006, sections 245.4712, subdivision 1; 245.50, subdivision
5; 256B.038; 256B.0623, subdivision 8; 256B.0625, subdivisions 38, 43, 46;
256B.0943, by adding subdivisions; 256B.69, subdivisions 5g, 5h; 256B.763;
256D.03, subdivisions 3, 4; 256D.44, subdivision 5; 256L.03, subdivisions 1, 5;
256L.035; 256L.07, subdivision 3; 256L.12, subdivision 9a; 641.15, by adding
a subdivision; proposing coding for new law in Minnesota Statutes, chapters
144; 245; 245A; 256; 626; 641.

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

ARTICLE 1

CRIMINAL JUSTICE

Section 1.

new text begin [626.96] CRISIS INTERVENTION TEAM GRANTS.
new text end

new text begin Subdivision 1. new text end

new text begin Request for proposals. new text end

new text begin The commissioner of public safety shall
create a competitive grant process using request for proposals for crisis intervention team
training for local police and sheriff departments. Before making grants under this section,
the commissioner shall consult with the following organizations or individuals regarding
the development of the request for proposals:
new text end

new text begin (1) the Barbara Schneider Foundation;
new text end

new text begin (2) the National Alliance on Mental Illness;
new text end

new text begin (3) the Minnesota Mental Health Association; and
new text end

new text begin (4) national experts on crisis intervention team training.
new text end

new text begin Subd. 2. new text end

new text begin Training requirements. new text end

new text begin The training provided with grants made under
this section must include, but is not limited to, the following components:
new text end

new text begin (1) an overview of mental illnesses and the mental health system;
new text end

new text begin (2) site visits to psychiatric receiving facilities;
new text end

new text begin (3) an overview of mental health courts;
new text end

new text begin (4) an overview of specific psychiatric conditions, their manifestations, and
treatment; and
new text end

new text begin (5) crisis intervention team reporting and data collection.
new text end

new text begin At least 20 percent of each training must involve scenario-based role play training with the
use of a professional acting company with crisis intervention team training experience.
Training provided under this subdivision must be at least 40 hours. The training must
encourage and support the statewide development of crisis intervention teams for law
enforcement. The training must promote the development of local collaboration among
public safety professionals, community mental health and emergency medicine providers,
and members of the public.
new text end

Sec. 2.

Minnesota Statutes 2006, section 641.15, is amended by adding a subdivision
to read:

new text begin Subd. 3a. new text end

new text begin Intake procedure; approved mental health screening. new text end

new text begin As part of its
intake procedure for new prisoners, the sheriff or local corrections shall use a mental
health screening tool approved by the commissioner of corrections in consultation with
the commissioner of human services and local corrections staff to identify persons who
may have mental illness.
new text end

Sec. 3.

new text begin [641.156] COUNTY JAIL REENTRY PROJECTS; GRANTS.
new text end

new text begin Subdivision 1. new text end

new text begin Purpose. new text end

new text begin The purpose of the reentry project is to promote public
safety, prevent recidivism, and promote a successful reintegration into the community
by providing services to individuals confined in jails and county regional jails who are
identified as having mental illness, traumatic brain injury, chemical dependency, or being
homeless.
new text end

new text begin Subd. 2. new text end

new text begin Grants. new text end

new text begin (a) The commissioner of corrections, in consultation with the
commissioner of human services, shall award grants to county boards for two-year reentry
pilot projects. At a minimum, one project must be located outside the seven-county
metropolitan area. Projects will target prisoners in jails and county regional jails who
are identified as having:
new text end

new text begin (1) a mental illness, as defined in section 245.462, subdivision 20;
new text end

new text begin (2) a traumatic brain injury, as defined in section 256B.093, subdivision 4;
new text end

new text begin (3) chemical dependency, as defined in section 253B.02, subdivision 2; or
new text end

new text begin (4) a history of homelessness, as defined in section 116L.361, subdivision 5.
new text end

new text begin (b) The projects shall provide a range of services including, but not limited to,
screening and assessment, client-specific programming, discharge planning and follow
up assistance, and follow up for at least six months after the prisoner has reentered the
community.
new text end

new text begin Subd. 3. new text end

new text begin Applications. new text end

new text begin A grant applicant shall prepare and submit to the
commissioner of corrections a written proposal detailing the plan and strategies on how
the applicant will implement the program components in subdivision 4. The application
shall include a proposed evaluation component of outcome measures including, but not
limited to, numbers of prisoners served, recidivism, restoration of public benefits, and
status regarding housing, employment, and treatment needs after six months.
new text end

new text begin Subd. 4. new text end

new text begin Program components. new text end

new text begin Each participating county shall:
new text end

new text begin (a) develop a written collaborative plan between the county jail or county regional
jail and the county social services agency;
new text end

new text begin (b) assess each prisoner upon entry into the jail or county regional jail using a
screening tool approved by the commissioner of corrections in consultation with the
commissioner of human services to identify prisoners with the characteristics listed in
subdivision 2, paragraph (a);
new text end

new text begin (c) ensure prisoners who are identified with a positive screening and who will be
incarcerated for less than 30 days are offered follow-up care and referred to appropriate
professionals;
new text end

new text begin (d) ensure prisoners who are identified as having a characteristic listed in subdivision
2, paragraph (a), and who will be incarcerated 30 days or longer, are provided with
appropriate treatment and programming including, but not limited to, mental health
treatment, counseling, living and employment skills development, substance abuse
treatment, GED and literacy training, and referrals to aftercare treatment and skills training;
new text end

new text begin (e) offer to develop a discharge plan for prisoners identified as having a characteristic
listed in subdivision 2, paragraph (a), who will be incarcerated for 90 days or longer.
Discharge planning components must include:
new text end

new text begin (1) at least 60 days prior to the prisoner's release, the person responsible for discharge
planning authorized by this section shall begin assisting the prisoner to establish, or
reestablish, benefits such as medical assistance, veterans' benefits, MinnesotaCare, general
assistance medical care, Social Security insurance, housing assistance, and submitting in
a timely manner a prisoner's application for any benefits for which the prisoner may
be eligible upon release;
new text end

new text begin (2) obtaining informed consent and releases of information from the prisoner that
are needed for transition services, identifying treatment needs, referring the prisoner
to appropriate services in the community, and arranging for basic needs such as food,
housing, transportation, employment, and GED services;
new text end

new text begin (3) securing appointments for a prisoner to be treated by a psychiatrist within 30
days of release, if appropriate;
new text end

new text begin (4) securing appointments for a prisoner with a community mental health provider
and a chemical dependency provider within 30 days of release, if appropriate;
new text end

new text begin (5) ensuring that the prisoner, when released from custody, has at least a 14-day
supply of all necessary medications, and a prescription for at least a 30-day supply of all
necessary medication that can be refilled once for an additional 30-day supply;
new text end

new text begin (6) arranging for the prisoner to have a state photo identification card when released.
The identification card must not disclose the prisoner's incarceration or criminal record
and must list an address other than the address of the jail or county regional jail. The
identification card expires on the date of birth of the holder four years after the date of
issue; and
new text end

new text begin (7) identifying prisoners who had a case manager prior to incarceration, and
maintaining contact with that case manager to provide service coordination for the
prisoner upon release. For prisoners without a case manager, making appropriate referrals
for case management services or offering to provide follow-up services to assist the
prisoner in obtaining stable housing, public benefits, and community services for up to
six months after release;
new text end

new text begin (f) recording the number of prisoners identified under subdivision 2, paragraph (a),
and the number of prisoners who received federal benefits upon entry into the jail or
county regional jail; and
new text end

new text begin (g) maintaining accurate records to complete the program evaluation.
new text end

Sec. 4. new text begin DISCIPLINARY CONFINEMENT; PROTOCOL.
new text end

new text begin The commissioner of corrections shall develop a protocol that is fair, firm,
and consistent so that inmates have an opportunity to be released from disciplinary
confinement in a timely manner. For those inmates in disciplinary confinement who are
nearing their release date, the commissioner of corrections shall develop a reentry plan.
new text end

Sec. 5. new text begin APPROPRIATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Grant program. new text end

new text begin $....... is appropriated from the general fund to
the commissioner of corrections for fiscal year 2008 and $....... for fiscal year 2009 to
administer the grant program established in section 3.
new text end

new text begin Subd. 2. new text end

new text begin Discharge planning. new text end

new text begin $....... is appropriated from the general fund to
the commissioner of human services for fiscal year 2008 to fund discharge planning for
offenders with serious and persistent mental illness as defined in Minnesota Statutes,
section 245.462, subdivision 20, paragraph (c), who are pending release from correctional
facilities.
new text end

new text begin Subd. 3. new text end

new text begin Mental health courts. new text end

new text begin $....... for fiscal year 2008 and $....... for fiscal
year 2009 are appropriated from the general fund to the Supreme Court to develop and
implement standards for mental health courts.
new text end

new text begin Subd. 4. new text end

new text begin Crisis intervention training. new text end

new text begin $144,000 is appropriated in fiscal year 2008
from the general fund to the commissioner of public safety to fund grants to local police
departments to conduct crisis intervention training under section 1. The commissioner
may use up to 2.5 percent of the amount appropriated under this subdivision for costs of
administering this grant program.
new text end

ARTICLE 2

CHILDREN'S MENTAL HEALTH

Section 1.

new text begin [245.4889] CHILDREN'S MENTAL HEALTH GRANTS.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment and authority. new text end

new text begin (a) The commissioner is authorized
to make grants from available appropriations to assist:
new text end

new text begin (1) counties;
new text end

new text begin (2) Indian tribes;
new text end

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

new text begin (4) mental health service providers
new text end

new text begin in providing services to children with emotional disturbances as defined in section
245.4871, subdivision 15, and their families. The commissioner may also authorize grants
to assist young adults meeting the criteria for transition services in section 245.4875,
subdivision 8, and their families.
new text end

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

new text begin Subd. 2. new text end

new text begin Grant application and reporting requirements. new text end

new text begin To apply for a grant an
applicant organization shall submit an application and budget for the use of the money
in the form specified by the commissioner. The commissioner shall make grants only to
entities whose applications and budgets are approved by the commissioner. In awarding
grants, the commissioner shall give priority to those counties whose applications indicate
plans to collaborate in the development, funding, and delivery of services with other
agencies in the local system of care. The commissioner shall specify requirements for
reports, including quarterly fiscal reports under section 256.01, subdivision 2, paragraph
(q). The commissioner shall require collection of data and periodic reports that the
commissioner deems necessary to demonstrate the effectiveness of each service.
new text end

Sec. 2.

new text begin [245A.175] MENTAL HEALTH TRAINING REQUIREMENT.
new text end

new text begin Prior to the placement of a child in a foster care home, the child foster care provider,
if required to be licensed, must complete two hours of training that addresses the causes,
symptoms, and key warning signs of mental health disorders; cultural considerations; and
effective approaches for dealing with a child's behaviors. At least one hour of the annual
12-hour training requirement for foster parents must be on children's mental health issues
and treatment. Training curriculum shall be approved by the commissioner of human
services.
new text end

Sec. 3.

new text begin [256.9961] COLLABORATIVE SERVICES FOR HIGH-RISK
CHILDREN.
new text end

new text begin To provide early intervention collaborative services to children who are at high risk
for child maltreatment, substance use, mental illness, and serious and violent offending,
but not subject to the delinquency provisions of chapter 260B, the commissioner of human
services shall fund one or more projects that identify and serve these children. The
projects shall include the following program components:
new text end

new text begin (1) multidimensional screening instruments;
new text end

new text begin (2) multidisciplinary and multijurisdictional collaborative services;
new text end

new text begin (3) integrated information systems;
new text end

new text begin (4) intensive in-home and community casework;
new text end

new text begin (5) continuous tracking of outcomes; and
new text end

new text begin (6) multidimensional evaluations and cost-benefit analysis.
new text end

new text begin Projects must use all available funding streams.
new text end

Sec. 4.

Minnesota Statutes 2006, section 256B.0943, is amended by adding a
subdivision to read:

new text begin Subd. 14. new text end

new text begin Rate increase for children's therapeutic services and support. new text end

new text begin For
services defined in clauses (1) and (2) rendered on or after July 1, 2007, payment rates
shall be increased by 33.7 percent over the rates in effect on January 1, 2006, for:
new text end

new text begin (1) services when provided as a component of children's therapeutic services and
support including, but not limited to, individual and group skills training, individual and
group psychotherapy, and provider travel; and
new text end

new text begin (2) diagnostic assessments of children and adolescents.
new text end

new text begin The commissioner shall adjust rates paid to prepaid health plans under contract with
the commissioner to reflect the rate increases provided in clauses (1) and (2). The prepaid
health plans must pass this rate increase to the providers of the services identified in
clauses (1) and (2).
new text end

Sec. 5. new text begin CHILDREN'S MENTAL HEALTH WORK GROUP; REPORT.
new text end

new text begin The commissioner of human services shall convene a work group to study the unmet
need for children's mental health wraparound services, and determine what components of
wraparound services are currently being funded, and what components need to be funded
in order to provide comprehensive funding of wraparound services, to address the needs
of children diagnosed with an emotional disturbance or a severe emotional disturbance. In
addition to a representative from the Department of Human Services, the work group shall
consist of representatives from the Department of Health, the Department of Education,
organizations that provide or advocate for children's mental health services, and county
representatives. The commissioner shall report the results of the work group's findings and
recommendations to the chairs of the house and senate committees with jurisdiction over
children's mental health issues no later than January 15, 2008.
new text end

Sec. 6. new text begin TRAUMA-FOCUSED, EVIDENCE-BASED PRACTICES TO
CHILDREN.
new text end

new text begin The commissioner of human services shall provide grants to organizations that
provide trauma-focused, evidence-based services to children. Organizations that are
certified to provide children's therapeutic services and support under Minnesota Statutes,
section 256B.0943, are eligible to apply for a grant to provide services to children
who have been exposed to violence or are refugees. Grants are to be used to provide
trauma-focused, evidence-based practices to children who are living in a battered women's
shelter, homeless shelter, transitional housing, or supported housing. Children served must
have been exposed to or witnessed domestic violence, have been exposed to or witnessed
community violence, or be a refugee. Priority shall be given to organizations that
demonstrate collaboration with battered women's shelters, homeless shelters, or providers
of transitional housing or supported housing. The commissioner shall specify what
constitutes evidence-based practice. Organizations shall use all available funding streams.
new text end

Sec. 7. new text begin RESPITE CARE.
new text end

new text begin (a) The commissioner of human services shall allocate amounts for respite care
funding to counties based on population. Counties shall be reimbursed for the costs of
respite care for families with a child who has a severe emotional disturbance. Total
reimbursement shall not exceed the county's allocation. Any funds not used by a county
may be reallocated to other counties.
new text end

new text begin (b) Funds allocated under paragraph (a) may be used for day, night, overnight, and
summer or vacation respite care. Funds may be used for in-home or out-of-home respite
care.
new text end

new text begin (c) Up to 25 percent of the funds allocated under paragraph (a) in the first year may
be use to recruit, train, and support respite care providers.
new text end

new text begin (d) The commissioner shall convene a work group composed of stakeholders to
determine:
new text end

new text begin (1) how funds in subsequent years may be used;
new text end

new text begin (2) how funds shall be disbursed to counties;
new text end

new text begin (3) who is eligible to provide respite care;
new text end

new text begin (4) how families access respite care;
new text end

new text begin (5) how respite care rates will be established; and
new text end

new text begin (6) what outcome data will be collected.
new text end

new text begin The work group shall also examine how to use existing tools to determine difficulty of
care rates.
new text end

Sec. 8. new text begin APPROPRIATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Evidence-based practice. new text end

new text begin $....... in fiscal year 2008 and $....... in
fiscal year 2009 are appropriated from the general fund to the commissioner of human
services to develop and implement evidence-based practice in children's mental health
care and treatment.
new text end

new text begin Subd. 2. new text end

new text begin Early intervention collaborative programs. new text end

new text begin $....... in fiscal year 2008
and $....... in fiscal year 2009 are appropriated from the general fund to the commissioner
of human services to fund the early intervention collaborative programs in section 3.
new text end

new text begin Subd. 3. new text end

new text begin Childhood trauma; grants. new text end

new text begin $....... in fiscal year 2008 and $....... in fiscal
year 2009 are appropriated from the general fund to the commissioner of human services
to make grants for the purpose of maintaining and expanding evidence-based practices
under section 6 that support children and youth who have been exposed to violence or
who are refugees.
new text end

new text begin Subd. 4. new text end

new text begin Respite care. new text end

new text begin $....... in fiscal year 2008 is appropriated from the general
fund to the commissioner of human services to fund respite care for children under section
7 who have a diagnosis of emotional disturbance or severe emotional disturbance.
new text end

ARTICLE 3

MISCELLANEOUS

Section 1.

new text begin [144.206] LOAN FORGIVENESS PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin A loan forgiveness program account is established.
The commissioner of health shall use money from the account to establish a loan
forgiveness program for individuals who are employed by a nonprofit agency that provides
mental health services for cultural or ethnic minority clients.
new text end

new text begin Appropriations made to the account do not cancel and are available until expended,
except that at the end of the biennium, any remaining balance in the account that is not
committed by contract and is not needed to fulfill existing commitments shall cancel to
the fund.
new text end

new text begin Subd. 2. new text end

new text begin Definition. new text end

new text begin For the purposes of this section, "qualified educational loan"
means a government, commercial, or foundation loan for actual costs paid for tuition,
reasonable education expenses, and reasonable living expenses related to the graduate
education of a mental health professional.
new text end

new text begin Subd. 3. new text end

new text begin Eligibility. new text end

new text begin To be eligible to participate in the loan forgiveness program, an
individual must be employed by a nonprofit agency that provides mental health services
for cultural or ethnic minority clients and must be of the same culture or ethnicity as
the clients. An applicant selected to participate must sign a contract agreeing to remain
employed with the nonprofit agency for a three-year full-time term, which shall begin no
later than 30 days following completion of the required training.
new text end

new text begin The commissioner may select applicants each year for participation in the loan
forgiveness program, within the limits of available funding. Applicants are responsible for
securing their own qualified educational loans. The commissioner shall select participants
based on their suitability for practice serving the required cultural or ethnic minority
population. The commissioner shall give preference to applicants closest to completing
their education.
new text end

new text begin Subd. 4. new text end

new text begin Disbursements. new text end

new text begin For each year that a participant meets the service
obligation required under subdivision 3, the commissioner shall make annual
disbursements directly to the participant equivalent to 25 percent of the participant's loan
indebtedness, not to exceed the balance of the participant's qualifying educational loans.
Before receiving loan repayment disbursements, and as requested, the participant and the
employer must complete and return to the commissioner an affidavit of practice form
provided by the commissioner verifying that the participant is practicing as required under
subdivision 3. The participant must provide the commissioner with verification that the full
amount of the loan repayment disbursement received by the participant has been applied
toward the designated loans. After each disbursement, verification must be received by
the commissioner and approved before the next loan repayment disbursement is made.
new text end

new text begin If a participant does not fulfill the minimum commitment of service under
subdivision 3, the commissioner shall collect from the participant the full amount paid
to the participant under the loan forgiveness program plus interest at the rate established
under section 270C.40. The commissioner shall deposit the money collected in the
general fund. The commissioner shall allow waivers of all or part of the money owed
the commissioner as a result of nonfulfillment if emergency circumstances prevented
fulfillment of the minimum service commitment.
new text end

Sec. 2.

Minnesota Statutes 2006, section 245.4712, subdivision 1, is amended to read:

Subdivision 1.

Availability of community support services.

new text begin (a) new text end County boards
must provide or contract for sufficient community support services within the county to
meet the needs of adults with serious and persistent mental illness who are residents of
the county new text begin , and adults who are having an acute episode, regardless of insurance status new text end .
Adults may be required to pay a fee according to section 245.481. The community
support services program must be designed to improve the ability of adults with serious
and persistent mental illness to:

(1) work in a regular or supported work environment;

(2) handle basic activities of daily living;

(3) participate in leisure time activities;

(4) set goals and plans; and

(5) obtain and maintain appropriate living arrangements.

The community support services program must also be designed to new text begin promote mental
health stabilization and increase functioning, and new text end reduce the need for and use of more
intensive, costly, or restrictive placements both in number of admissions and length of stay.

new text begin (b) Community support services are those services that are supportive in nature and
not necessarily treatment-oriented, and include:
new text end

new text begin (1) assessing and monitoring mental health symptoms;
new text end

new text begin (2) conducting outreach activities such as home visits, health and wellness checks,
illness education, problem solving, and accompanying people to medical appointments
and other meetings;
new text end

new text begin (3) connecting people to resources to meet their basic needs;
new text end

new text begin (4) finding, securing, and helping people maintain housing;
new text end

new text begin (5) attaining and maintaining health insurance benefits;
new text end

new text begin (6) assisting with finding and maintaining employment and securing a stable
financial situation;
new text end

new text begin (7) fostering social support, including support groups, mentoring, peer support, and
other efforts to prevent isolation and promote recovery;
new text end

new text begin (8) educating about mental illness, treatment, and recovery; and
new text end

new text begin (9) connecting with individuals who have mental illness, health care providers, and
treatment programs to prevent the use of crisis services or hospital emergency departments.
new text end

new text begin (c) Community support services shall use all available funding streams. The county
shall maintain the level of expenditures for this program, as required under section
245.4835. County boards must continue to provide funds for those services not covered
by other funding streams and to maintain an infrastructure to carry out these services.
new text end

new text begin (d) The commissioner shall collect data on community support services programs,
including, but not limited to, demographic information such as age, sex, race, the number
of people served, and information related to housing, employment, hospitalization,
symptoms, and satisfaction with services.
new text end

Sec. 3.

Minnesota Statutes 2006, section 245.50, subdivision 5, is amended to read:

Subd. 5.

Special contracts; bordering states.

(a) An individual who is detained,
committed, or placed on an involuntary basis under chapter 253B may be confined or
treated in a bordering state pursuant to a contract under this section. An individual who is
detained, committed, or placed on an involuntary basis under the civil law of a bordering
state may be confined or treated in Minnesota pursuant to a contract under this section. A
peace or health officer who is acting under the authority of the sending state may transport
an individual to a receiving agency that provides services pursuant to a contract under
this section and may transport the individual back to the sending state under the laws
of the sending state. Court orders valid under the law of the sending state are granted
recognition and reciprocity in the receiving state for individuals covered by a contract
under this section to the extent that the court orders relate to confinement for treatment
or care of mental illness or chemical dependency. Such treatment or care may address
other conditions that may be co-occurring with the mental illness or chemical dependency.
These court orders are not subject to legal challenge in the courts of the receiving state.
Individuals who are detained, committed, or placed under the law of a sending state and
who are transferred to a receiving state under this section continue to be in the legal
custody of the authority responsible for them under the law of the sending state. Except
in emergencies, those individuals may not be transferred, removed, or furloughed from
a receiving agency without the specific approval of the authority responsible for them
under the law of the sending state.

(b) While in the receiving state pursuant to a contract under this section, an
individual shall be subject to the sending state's laws and rules relating to length of
confinement, reexaminations, and extensions of confinement. No individual may be sent
to another state pursuant to a contract under this section until the receiving state has
enacted a law recognizing the validity and applicability of this section.

(c) If an individual receiving services pursuant to a contract under this section leaves
the receiving agency without permission and the individual is subject to involuntary
confinement under the law of the sending state, the receiving agency shall use all
reasonable means to return the individual to the receiving agency. The receiving agency
shall immediately report the absence to the sending agency. The receiving state has the
primary responsibility for, and the authority to direct, the return of these individuals
within its borders and is liable for the cost of the action to the extent that it would be
liable for costs of its own resident.

(d) Responsibility for payment for the cost of care remains with the sending agency.

(e) This subdivision also applies to county contracts under subdivision 2 which
include emergency care and treatment provided to a county resident in a bordering state.

new text begin (f) If a Minnesota resident is admitted to a receiving agency in a bordering state
under this chapter, a physician, licensed psychologist who has a doctoral degree in
psychology, or an advance practice registered nurse certified in mental health, and who is
licensed in the bordering state, may act as an examiner under sections 253B.07, 253B.08,
253B.092, 253B.12, and 253B.17, subject to the same requirements and limitations in
section 253B.02, subdivision 7.
new text end

Sec. 4.

new text begin [245.6961] CULTURALLY COMPETENT MENTAL HEALTH
SERVICES GRANTS.
new text end

new text begin Subdivision 1. new text end

new text begin Services. new text end

new text begin The commissioner shall make grants to nonprofit
organizations to ensure that culturally competent mental health services are provided to
individuals throughout the state. The grants are intended to provide direct services and
to serve as a bridge to existing mental health providers and organizations that reflect the
community they serve. The grants may be used to:
new text end

new text begin (1) provide services and support to low-income families from different cultures;
new text end

new text begin (2) provide technical assistance to mental health and health care providers who have
clients in need of culturally appropriate services;
new text end

new text begin (3) translate information for patients and their families;
new text end

new text begin (4) colocate services at clinics, schools, and other locations;
new text end

new text begin (5) provide services and support using telemedicine to reach families in need of
information and support in communities where there are no culturally specific providers;
and
new text end

new text begin (6) provide culturally specific support services.
new text end

new text begin Subd. 2. new text end

new text begin Grants. new text end

new text begin The commissioner shall determine grantees through a request
for proposal process and, in consultation with mental health advocates, develop grantee
eligibility requirements, services, and outcome measures.
new text end

Sec. 5.

Minnesota Statutes 2006, section 256D.03, subdivision 3, is amended to read:

Subd. 3.

General assistance medical care; eligibility.

(a) General assistance
medical care may be paid for any person who is not eligible for medical assistance under
chapter 256B, including eligibility for medical assistance based on a spenddown of excess
income according to section 256B.056, subdivision 5, or MinnesotaCare as defined in
paragraph (b), except as provided in paragraph (c), and:

(1) who is receiving assistance under section 256D.05, except for families with
children who are eligible under Minnesota family investment program (MFIP), or who is
having a payment made on the person's behalf under sections 256I.01 to 256I.06; or

(2) who is a resident of Minnesota; and

(i) who has gross countable income not in excess of 75 percent of the federal poverty
guidelines for the family size, using a six-month budget period and whose equity in assets
is not in excess of $1,000 per assistance unit. General assistance medical care is not
available for applicants or enrollees who are otherwise eligible for medical assistance but
fail to verify their assets. Enrollees who become eligible for medical assistance shall be
terminated and transferred to medical assistance. Exempt assets, the reduction of excess
assets, and the waiver of excess assets must conform to the medical assistance program in
section 256B.056, subdivision 3, with the following exception: the maximum amount of
undistributed funds in a trust that could be distributed to or on behalf of the beneficiary by
the trustee, assuming the full exercise of the trustee's discretion under the terms of the
trust, must be applied toward the asset maximum;

(ii) who has gross countable income above 75 percent of the federal poverty
guidelines but not in excess of 175 percent of the federal poverty guidelines for the
family size, using a six-month budget period, whose equity in assets is not in excess
of the limits in section 256B.056, subdivision 3c, and who applies during an inpatient
hospitalization; or

(iii) the commissioner shall adjust the income standards under this section each July
1 by the annual update of the federal poverty guidelines following publication by the
United States Department of Health and Human Services.

(b) Effective for applications and renewals processed on or after September 1, 2006,
general assistance medical care may not be paid for applicants or recipients who are adults
with dependent children under 21 whose gross family income is equal to or less than 275
percent of the federal poverty guidelines who are not described in paragraph (e).

(c) Effective for applications and renewals processed on or after September 1, 2006,
general assistance medical care may be paid for applicants and recipients who meet all
eligibility requirements of paragraph (a), clause (2), item (i), for a temporary period
beginning the date of application. Immediately following approval of general assistance
medical care, enrollees shall be enrolled in MinnesotaCare under section 256L.04,
subdivision 7, with covered services as provided in section 256L.03 for the rest of the
six-month eligibility period, until their six-month renewal.

(d) To be eligible for general assistance medical care following enrollment in
MinnesotaCare as required by paragraph (c), an individual must complete a new
application.

(e) Applicants and recipients eligible under paragraph (a), clause (1); who have
applied for and are awaiting a determination of blindness or disability by the state medical
review team or a determination of eligibility for Supplemental Security Income or Social
Security Disability Insurance by the Social Security Administration; who fail to meet the
requirements of section 256L.09, subdivision 2; who are classified as end-stage renal
disease beneficiaries in the Medicare program; who are enrolled in private health care
coverage as defined in section 256B.02, subdivision 9; who are eligible under paragraph
(j); or who receive treatment funded pursuant to section 254B.02 are exempt from the
MinnesotaCare enrollment requirements of this subdivision.

(f) For applications received on or after October 1, 2003, eligibility may begin no
earlier than the date of application. For individuals eligible under paragraph (a), clause
(2), item (i), a redetermination of eligibility must occur every 12 months. Individuals are
eligible under paragraph (a), clause (2), item (ii), only during inpatient hospitalization but
may reapply if there is a subsequent period of inpatient hospitalization.

(g) Beginning September 1, 2006, Minnesota health care program applications and
renewals completed by recipients and applicants who are persons described in paragraph
(c) and submitted to the county agency shall be determined for MinnesotaCare eligibility
by the county agency. If all other eligibility requirements of this subdivision are met,
eligibility for general assistance medical care shall be available in any month during which
MinnesotaCare enrollment is pending. Upon notification of eligibility for MinnesotaCare,
notice of termination for eligibility for general assistance medical care shall be sent to
an applicant or recipient. If all other eligibility requirements of this subdivision are
met, eligibility for general assistance medical care shall be available until enrollment in
MinnesotaCare subject to the provisions of paragraphs (c), (e), and (f).

(h) The date of an initial Minnesota health care program application necessary to
begin a determination of eligibility shall be the date the applicant has provided a name,
address, and Social Security number, signed and dated, to the county agency or the
Department of Human Services. If the applicant is unable to provide a name, address,
Social Security number, and signature when health care is delivered due to a medical
condition or disability, a health care provider may act on an applicant's behalf to establish
the date of an initial Minnesota health care program application by providing the county
agency or Department of Human Services with provider identification and a temporary
unique identifier for the applicant. The applicant must complete the remainder of the
application and provide necessary verification before eligibility can be determined. The
county agency must assist the applicant in obtaining verification if necessary.

(i) County agencies are authorized to use all automated databases containing
information regarding recipients' or applicants' income in order to determine eligibility for
general assistance medical care or MinnesotaCare. Such use shall be considered sufficient
in order to determine eligibility and premium payments by the county agency.

(j) General assistance medical care is not available for a person in a correctional
facility unless the person is detained by law for less than one year in a county correctional
or detention facility as a person accused or convicted of a crime, or admitted as an
inpatient to a hospital on a criminal hold order, and the person is a recipient of general
assistance medical care at the time the person is detained by law or admitted on a criminal
hold order and as long as the person continues to meet other eligibility requirements
of this subdivision.

(k) General assistance medical care is not available for applicants or recipients who
do not cooperate with the county agency to meet the requirements of medical assistance.

(l) In determining the amount of assets of an individual eligible under paragraph
(a), clause (2), item (i), there shall be included any asset or interest in an asset, including
an asset excluded under paragraph (a), that was given away, sold, or disposed of for
less than fair market value within the 60 months preceding application for general
assistance medical care or during the period of eligibility. Any transfer described in this
paragraph shall be presumed to have been for the purpose of establishing eligibility for
general assistance medical care, unless the individual furnishes convincing evidence to
establish that the transaction was exclusively for another purpose. For purposes of this
paragraph, the value of the asset or interest shall be the fair market value at the time it
was given away, sold, or disposed of, less the amount of compensation received. For any
uncompensated transfer, the number of months of ineligibility, including partial months,
shall be calculated by dividing the uncompensated transfer amount by the average monthly
per person payment made by the medical assistance program to skilled nursing facilities
for the previous calendar year. The individual shall remain ineligible until this fixed period
has expired. The period of ineligibility may exceed 30 months, and a reapplication for
benefits after 30 months from the date of the transfer shall not result in eligibility unless
and until the period of ineligibility has expired. The period of ineligibility begins in the
month the transfer was reported to the county agency, or if the transfer was not reported,
the month in which the county agency discovered the transfer, whichever comes first. For
applicants, the period of ineligibility begins on the date of the first approved application.

(m) When determining eligibility for any state benefits under this subdivision,
the income and resources of all noncitizens shall be deemed to include their sponsor's
income and resources as defined in the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, title IV, Public Law 104-193, sections 421 and 422, and
subsequently set out in federal rules.

(n) Undocumented noncitizens and nonimmigrants are ineligible for general
assistance medical care. For purposes of this subdivision, a nonimmigrant is an individual
in one or more of the classes listed in United States Code, title 8, section 1101(a)(15), and
an undocumented noncitizen is an individual who resides in the United States without the
approval or acquiescence of the Immigration and Naturalization Service.

(o) Notwithstanding any other provision of law, a noncitizen who is ineligible for
medical assistance due to the deeming of a sponsor's income and resources, is ineligible
for general assistance medical care.

(p) Effective July 1, 2003, general assistance medical care emergency services end.

new text begin (q) Effective July 1, 2007, individuals in a correctional facility who have been
diagnosed with a mental illness as defined in section 245.462, subdivision 20, are
eligible for general assistance medical care for three months from the date of release
from confinement.
new text end

Sec. 6. new text begin MINNESOTA FAMILY INVESTMENT PROGRAM AND CHILDREN'S
MENTAL HEALTH PILOT PROJECT.
new text end

new text begin Subdivision 1. new text end

new text begin Pilot project authorized. new text end

new text begin The commissioner of human services
shall fund a three-year pilot project to measure the effect of children's identified mental
health needs, including social and emotional needs, on Minnesota family investment
program (MFIP) participants' ability to obtain and retain employment. The project shall
also measure the effect on meeting work activity requirements of MFIP participants' needs
to address their children's identified mental health needs.
new text end

new text begin Subd. 2. new text end

new text begin Provider and agency proposals. new text end

new text begin (a) Interested MFIP employment and
training service providers and agencies shall:
new text end

new text begin (1) submit proposals defining how they will identify participants whose children
have mental health needs that hinder the employment process;
new text end

new text begin (2) connect families with appropriate developmental, social, and emotional
screenings and services; and
new text end

new text begin (3) incorporate those services into the participant's employment plan.
new text end

new text begin Each proposal under this paragraph must include an evaluation component.
new text end

new text begin (b) Interested MFIP employment and training service providers and agencies shall
develop a protocol to inform MFIP participants of the following:
new text end

new text begin (1) the availability of developmental, social, and emotional screening tools for
children and youth;
new text end

new text begin (2) the purpose of the screenings;
new text end

new text begin (3) how the information will be used to assist the participants in identifying and
addressing potential barriers to employment; and
new text end

new text begin (4) that their employment plan may be modified based on the screening results.
new text end

new text begin Subd. 3. new text end

new text begin Program components. new text end

new text begin (a) MFIP employment and training service
providers shall obtain the participant's written consent for participation in the pilot project,
including consent for developmental, social, and emotional screening.
new text end

new text begin (b) MFIP employment and training service providers shall coordinate with county
social service agencies and health plans to assist recipients in arranging referrals indicated
by the screening results.
new text end

new text begin (c) Tools used for developmental, social, and emotional screenings shall be approved
by the commissioner of human services.
new text end

new text begin Subd. 4. new text end

new text begin Program evaluation. new text end

new text begin (a) The commissioner of human services shall
conduct an evaluation of the pilot project to determine:
new text end

new text begin (1) the number of participants who took part in the screening;
new text end

new text begin (2) the number of children who were screened and what screening tools were used;
new text end

new text begin (3) the number of children who were identified in the screening who needed referral
or follow-up services;
new text end

new text begin (4) the number of children who received services, what agency provided the services,
and what type of services were provided;
new text end

new text begin (5) the number of employment plans that were adjusted to include the activities
recommended in the screenings;
new text end

new text begin (6) the changes in work participation rates;
new text end

new text begin (7) the changes in earned income;
new text end

new text begin (8) the changes in sanction rates; and
new text end

new text begin (9) the participants' report of program effectiveness.
new text end

new text begin (b) The evaluation is due to the legislature by January 15, 2011.
new text end

new text begin Subd. 5. new text end

new text begin Work activity. new text end

new text begin Participant involvement in screenings and subsequent
referral and follow-up services shall count as work activity under Minnesota Statutes,
section 256J.49, subdivision 13.
new text end

Sec. 7. new text begin EVIDENCE-BASED PRACTICE.
new text end

new text begin The commissioner of human services shall consult with stakeholder groups to
examine possible budget-neutral changes that include and support evidence-based
practices. The commissioner has the authority to make budget-neutral changes to medical
assistance coverage and benefits to implement evidence-based practices as defined by the
Agency for Healthcare Research and Quality Practice Guidelines, and the Substance
Abuse and Mental Health Services Administration.
new text end

Sec. 8. new text begin TELEHEALTH.
new text end

new text begin Subdivision 1. new text end

new text begin Office of Enterprise Technology. new text end

new text begin The Office of Enterprise
Technology, in consultation with the commissioner of human services, shall provide
interconnectivity, bridging, or gateway for televideo conferencing at no cost to the
providers between:
new text end

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

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

new text begin Subd. 2. new text end

new text begin Eligibility. new text end

new text begin Community providers eligible for the televideo conferencing
are those enrolled as medical assistance providers under Minnesota Statutes, section
256B.0625, subdivision 5, or under contract with counties to provide services under
Minnesota Statutes, sections 245.461 to 245.486, the Minnesota Comprehensive Adult
Mental Health Act; Minnesota Statutes, sections 245.4712 to 245.4861, community
support and day treatment services; or Minnesota Statutes, sections 245.487 to 245.4887,
the Minnesota Comprehensive Children's Mental Health Act.
new text end

Sec. 9. new text begin DUAL DIAGNOSIS.
new text end

new text begin The commissioner of human services shall fund up to three programs, within the
available appropriation, that provide services for high-risk adults with serious mental
illness and co-occurring substance abuse problems. The services must include, but not be
limited to, the following:
new text end

new text begin (1) housing services, including rent or housing subsidies, housing with clinical
staff, or housing support;
new text end

new text begin (2) assertive outreach services; and
new text end

new text begin (3) intensive direct therapeutic, rehabilitative, and care management services
oriented to harm reduction.
new text end

new text begin The commissioner shall work with housing providers to ensure proper licensure or
certification to meet medical assistance or third-party payor reimbursement requirements.
new text end

Sec. 10. new text begin HIGHER EDUCATION STUDENT HEALTH INSURANCE
PROGRAM.
new text end

new text begin The commissioner of human services shall explore, in consultation with the Office
of Higher Education, and provide to the legislature, different options for ensuring that
all full-time and part-time students enrolled in a public or private institution of higher
education in the state are participating in a qualifying student health insurance program
or are covered under another health insurance plan. The commissioner shall determine
how institutions of higher education will monitor student participation and require each
institution to provide documentation to determine if the institution is complying with the
mandatory health insurance program requirements. The commissioner shall also propose
exceptions to the requirement for students who do not have insurance coverage due to
religious beliefs. The commissioner must recommend in the report to the legislature a
penalty for institutions that fail to carry out the responsibilities of the mandatory student
health insurance program. The commissioner shall also provide in the report to the
legislature an analysis of the number of higher education students in the state who are
lacking health insurance, and the costs to the students and the institutions of providing a
qualifying student health insurance program, or requiring the students to enroll in other
available health insurance, and the costs of monitoring student compliance with the
program. The commissioner shall also include a proposed method of meeting those costs.
new text end

new text begin The analysis, report, and draft legislation are due to the legislative committees having
jurisdiction over higher education issues and health care issues by January 15, 2008.
new text end

Sec. 11. new text begin APPROPRIATIONS.
new text end

new text begin Subd. 1. new text end

new text begin Community mental health programs. new text end

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

new text begin Subd. 2. new text end

new text begin Suicide intervention and prevention grant. new text end

new text begin $....... in fiscal year 2008 and
$....... in fiscal year 2009 are appropriated from the general fund to the commissioner of
human services for grants for institutions of higher education in the state of Minnesota to
coordinate implementation of youth suicide early intervention and prevention strategies.
new text end

new text begin Subd. 3. new text end

new text begin Culturally competent mental health services grants. new text end

new text begin $....... in fiscal
year 2008 and $....... in fiscal year 2009 are appropriated from the general fund to the
commissioner of human services for development and implementation of grants for
culturally competent mental health services under section 4.
new text end

new text begin Subd. 4. new text end

new text begin Bridges rental housing assistance program. new text end

new text begin $3,400,000 in fiscal year
2008 and $3,400,000 in fiscal year 2009 are appropriated from the general fund to the
Housing Finance Agency for the Bridges rental housing assistance program under
Minnesota Statutes, section 462A.2097. These appropriations are in addition to any base
appropriations for this purpose and shall become part of the agency's base.
new text end

new text begin Subd. 5. new text end

new text begin MFIP and children's mental health pilot project. new text end

new text begin $....... in fiscal
year 2008 and $....... in fiscal year 2009 are appropriated from the general fund to the
commissioner of human services to fund the pilot project under section 6.
new text end

new text begin Subd. 6. new text end

new text begin Televideo conferencing. new text end

new text begin $....... in fiscal year 2008 and $....... in fiscal year
2009 are appropriated from the general fund to the Office of Enterprise Technology to
provide televideo conferencing under section 8.
new text end

new text begin Subd. 7. new text end

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

new text begin $....... in fiscal year 2008 and
$....... in fiscal year 2009 are appropriated from the general fund to the commissioner of
human services to fund the demonstration projects under section 9.
new text end

ARTICLE 4

MENTAL HEALTH FUNDING

Section 1.

Minnesota Statutes 2006, section 256B.038, is amended to read:

256B.038 PROVIDER RATE INCREASES AFTER JUNE 30, 1999.

(a) For fiscal years beginning on or after July 1, 1999, the commissioner of finance
shall include an annual inflationary adjustment in payment rates for the services listed
in paragraph (b) as a budget change request in each biennial detailed expenditure budget
submitted to the legislature under section 16A.11. The adjustment shall be accomplished
by indexing the rates in effect for inflation based on the change in the Consumer Price
Index-All Items (United States city average)(CPI-U) as forecasted by Data Resources,
Inc., in the fourth quarter of the prior year for the calendar year during which the rate
increase occurs.

(b) Within the limits of appropriations specifically for this purpose, the commissioner
shall apply the rate increases in paragraph (a) to home and community-based waiver
services for persons with developmental disabilities under section 256B.501; home and
community-based waiver services for the elderly under section 256B.0915; waivered
services under community alternatives for disabled individuals under section 256B.49;
community alternative care waivered services under section 256B.49; traumatic brain
injury waivered services under section 256B.49; nursing services and home health services
under section 256B.0625, subdivision 6a; personal care services and nursing supervision
of personal care services under section 256B.0625, subdivision 19a; private duty nursing
services under section 256B.0625, subdivision 7; day training and habilitation services
for adults with developmental disabilities under sections 252.40 to 252.46; physical
therapy services under sections 256B.0625, subdivision 8, and 256D.03, subdivision 4;
occupational therapy services under sections 256B.0625, subdivision 8a, and 256D.03,
subdivision 4; speech-language therapy services under section 256D.03, subdivision
4, and Minnesota Rules, part 9505.0390; respiratory therapy services under section
256D.03, subdivision 4, and Minnesota Rules, part 9505.0295; physician services under
section 256B.0625, subdivision 3; dental services under sections 256B.0625, subdivision
9, and 256D.03, subdivision 4; alternative care services under section 256B.0913; adult
residential program grants under Minnesota Rules, parts 9535.2000 to 9535.3000;
adult and family community support grants under Minnesota Rules, parts 9535.1700 to
9535.1760; deleted text begin and deleted text end semi-independent living services under section 252.275, including SILS
funding under county social services grants formerly funded under chapter 256I new text begin ; adult
rehabilitative mental health services under section 256B.0623; and children's therapeutic
services and support services under section 256B.0943 new text end .

(c) The commissioner shall increase prepaid medical assistance program capitation
rates as appropriate to reflect the rate increases in this section.

(d) In implementing this section, the commissioner shall consider proposing a
schedule to equalize rates paid by different programs for the same service.

Sec. 2.

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

Subd. 8.

Diagnostic assessment.

Providers of adult rehabilitative mental
health services must complete a diagnostic assessment as defined in section 245.462,
subdivision 9, within five days after the recipient's second visit or within 30 days after
intake, whichever occurs first. new text begin A diagnostic assessment must be reimbursed at the
same rate as an assessment under section 256B.0655, subdivision 8. new text end In cases where a
diagnostic assessment is available that reflects the recipient's current status, and has been
completed within 180 days preceding admission, an update must be completed. An
update shall include a written summary by a mental health professional of the recipient's
current mental health status and service needs. If the recipient's mental health status
has changed significantly since the adult's most recent diagnostic assessment, a new
diagnostic assessment is required. For initial implementation of adult rehabilitative mental
health services, until June 30, 2005, a diagnostic assessment that reflects the recipient's
current status and has been completed within the past three years preceding admission
is acceptable.

Sec. 3.

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

Subd. 38.

Payments for mental health services.

new text begin (a) new text end Payments for mental
health services covered under the medical assistance program that are provided by
masters-prepared mental health professionals shall be 80 percent of the rate paid to
doctoral-prepared professionals. Payments for mental health services covered under
the medical assistance program that are provided by masters-prepared mental health
professionals employed by community mental health centers shall be 100 percent of the
rate paid to doctoral-prepared professionals. deleted text begin For purposes of reimbursement of mental
health professionals under the medical assistance program, all
deleted text end

new text begin (b) Payments for mental health services covered under the medical assistance
program that are provided by new text end social workers who:

(1) have received a master's degree in social work from a program accredited by the
Council on Social Work Education;

(2) are licensed at the level of graduate social worker or independent social worker;
deleted text begin and
deleted text end

(3) are practicing clinical social work under appropriate supervision, as defined by
chapter 148D; new text begin and
new text end

new text begin (4) new text end meet all requirements under Minnesota Rules, part 9505.0323, subpart 24 deleted text begin , and deleted text end new text begin .
Payments under this paragraph new text end shall be paid deleted text begin accordingly deleted text end new text begin according to Minnesota Rules,
part 9505.0323, subpart 24, unless paragraph (c) is applicable new text end .

new text begin (c) Payments for mental health services covered under the medical assistance
program that are provided by an individual who is employed by a community mental
health center and:
new text end

new text begin (1) who is a licensed graduate social worker under section 148D.055, subdivision 3,
or a licensed independent social worker under section 148D.055, subdivision 4;
new text end

new text begin (2) who has completed all requirements for licensure or board certification as a
mental health professional except for the requirements for supervised experience in the
delivery of mental health services; or
new text end

new text begin (3) who is a student in a bona fide field placement or internship under a program
leading to completion of the requirements for licensure as a mental health professional
new text end

new text begin shall be reimbursed at 100 percent of the rate paid to the supervising professional.
The individual providing the service under this paragraph must be under the clinical
supervision of a fully qualified mental health professional.
new text end

new text begin (d) Subject to federal approval, medical assistance covers clinical supervision of
mental health practitioners by a mental health professional when clinical supervision is
required as part of other medical assistance services.
new text end

Sec. 4.

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

Subd. 43.

Mental health provider travel time.

Medical assistance covers provider
travel time if a recipient's individual treatment plan requires the provision of mental health
services outside of the provider's normal place of business. deleted text begin This deleted text end new text begin The per minute rate
for travel time is to be calculated at two times the IRS mileage rate. Reimbursement
under this subdivision new text end does not include any travel time which is included in other billable
services, and is only covered when the mental health service being provided to a recipient
is covered under medical assistance.

Sec. 5.

Minnesota Statutes 2006, section 256B.0625, subdivision 46, is amended to
read:

Subd. 46.

Mental health telemedicine.

Effective January 1, 2006, and subject to
federal approval, mental health services that are otherwise covered by medical assistance
as direct face-to-face services may be provided via two-way interactive video. Use of
two-way interactive video must be medically appropriate to the condition and needs
of the person being served. Reimbursement is at the same rates and under the same
conditions that would otherwise apply to the service new text begin and shall include payment for the
originating facility fee and the cost of broadband connections new text end . The interactive video
equipment and connection must comply with Medicare standards in effect at the time
the service is provided.

Sec. 6.

Minnesota Statutes 2006, section 256B.0943, is amended by adding a
subdivision to read:

new text begin Subd. 11a. new text end

new text begin Reimbursement of diagnostic assessments. new text end

new text begin A diagnostic assessment
under this section must be reimbursed at the same rate as a diagnostic assessment under
section 256B.0655, subdivision 8.
new text end

Sec. 7.

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

Subd. 5g.

Payment for covered services.

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

Sec. 8.

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

Subd. 5h.

Payment reduction.

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

Sec. 9.

Minnesota Statutes 2006, section 256B.763, is amended to read:

256B.763 CRITICAL ACCESS MENTAL HEALTH RATE INCREASE.

(a) For services defined in paragraph (b) and rendered on or after July 1, 2007,
payment rates shall be increased by 23.7 percent over the rates in effect on January 1,
2006, for:

(1) psychiatrists and advanced practice registered nurses with a psychiatric specialty;

(2) community mental health centers under section 256B.0625, subdivision 5; and

(3) mental health clinics and centers certified under Minnesota Rules, parts
9520.0750 to 9520.0870, or hospital outpatient psychiatric departments that are designated
as essential community providers under section 62Q.19.

(b) This increase applies to group skills training when provided as a component of
children's therapeutic services and support, psychotherapy, medication management,
evaluation and management, diagnostic assessment, explanation of findings, psychological
testing, neuropsychological services, direction of behavioral aides, and inpatient
consultation.

(c) This increase does not apply to rates that are governed by section 256B.0625,
subdivision 30, or 256B.761, paragraph (b), other cost-based rates, rates that are
negotiated with the county, rates that are established by the federal government, or rates
that increased between January 1, 2004, and January 1, 2005.

(d) The commissioner shall adjust rates paid to prepaid health plans under contract
with the commissioner to reflect the rate increases provided in deleted text begin paragraph deleted text end new text begin paragraphs new text end (a) new text begin
and (e) new text end . The prepaid health plan must pass this rate increase to the providers identified in
deleted text begin paragraph deleted text end new text begin paragraphs new text end (a) new text begin and (e) new text end .

new text begin (e) Effective January 1, 2008, payment rates for all services not included in
paragraph (b) shall increase 23.7 percent over rates in effect on January 1, 2006, for all
services by community mental health centers under section 256B.0625, subdivision 5.
new text end

Sec. 10.

Minnesota Statutes 2006, section 256D.03, subdivision 4, is amended to read:

Subd. 4.

General assistance medical care; services.

(a)(i) For a person who is
eligible under subdivision 3, paragraph (a), clause (2), item (i), general assistance medical
care covers, except as provided in paragraph (c):

(1) inpatient hospital services;

(2) outpatient hospital services;

(3) services provided by Medicare certified rehabilitation agencies;

(4) prescription drugs and other products recommended through the process
established in section 256B.0625, subdivision 13;

(5) equipment necessary to administer insulin and diagnostic supplies and equipment
for diabetics to monitor blood sugar level;

(6) eyeglasses and eye examinations provided by a physician or optometrist;

(7) hearing aids;

(8) prosthetic devices;

(9) laboratory and X-ray services;

(10) physician's services;

(11) medical transportation except special transportation;

(12) chiropractic services as covered under the medical assistance program;

(13) podiatric services;

(14) dental services as covered under the medical assistance program;

(15) deleted text begin outpatient services provided by a mental health center or clinic that is under
contract with the county board and is established under section 245.62 deleted text end new text begin mental health
services covered under chapter 256B new text end ;

(16) deleted text begin day treatment services for mental illness provided under contract with the
county board;
deleted text end

deleted text begin (17) deleted text end prescribed medications for persons who have been diagnosed as mentally ill as
necessary to prevent more restrictive institutionalization;

deleted text begin (18) psychological services, deleted text end new text begin (17) new text end medical supplies and equipment, and Medicare
premiums, coinsurance and deductible payments;

deleted text begin (19) deleted text end new text begin (18) new text end medical equipment not specifically listed in this paragraph when the use
of the equipment will prevent the need for costlier services that are reimbursable under
this subdivision;

deleted text begin (20) deleted text end new text begin (19) new text end services performed by a certified pediatric nurse practitioner, a
certified family nurse practitioner, a certified adult nurse practitioner, a certified
obstetric/gynecological nurse practitioner, a certified neonatal nurse practitioner, or a
certified geriatric nurse practitioner in independent practice, if (1) the service is otherwise
covered under this chapter as a physician service, (2) the service provided on an inpatient
basis is not included as part of the cost for inpatient services included in the operating
payment rate, and (3) the service is within the scope of practice of the nurse practitioner's
license as a registered nurse, as defined in section 148.171;

deleted text begin (21) deleted text end new text begin (20) new text end services of a certified public health nurse or a registered nurse practicing
in a public health nursing clinic that is a department of, or that operates under the direct
authority of, a unit of government, if the service is within the scope of practice of the
public health nurse's license as a registered nurse, as defined in section 148.171;

deleted text begin (22) deleted text end new text begin (21) new text end telemedicine consultations, to the extent they are covered under section
256B.0625, subdivision 3b; deleted text begin and
deleted text end

deleted text begin (23) mental health telemedicine and psychiatric consultation as covered under
section 256B.0625, subdivisions 46 and 48
deleted text end

new text begin (22) up to six hours of service per client per year, without authorization, of
consultation and care coordination as directed by an individual treatment plan, and as a
component of children's therapeutic services and support, adult rehabilitative mental
health services, or community mental health services; and
new text end

new text begin (23) up to six hours of service per client per year for collateral contacts as a
component of children's therapeutic services and support, adult rehabilitative mental
health services, or community mental health services. These services must be directed
by an individual treatment plan and are solely for the purpose of assisting parents and
others toward understanding, accommodating, and better caregiving of the person with
mental illness or emotional disturbance new text end .

(ii) Effective October 1, 2003, for a person who is eligible under subdivision 3,
paragraph (a), clause (2), item (ii), general assistance medical care coverage is limited
to inpatient hospital services, including physician services provided during the inpatient
hospital stay. A $1,000 deductible is required for each inpatient hospitalization.

(b) Effective August 1, 2005, sex reassignment surgery is not covered under this
subdivision.

(c) In order to contain costs, the commissioner of human services shall select
vendors of medical care who can provide the most economical care consistent with high
medical standards and shall where possible contract with organizations on a prepaid
capitation basis to provide these services. The commissioner shall consider proposals by
counties and vendors for prepaid health plans, competitive bidding programs, block grants,
or other vendor payment mechanisms designed to provide services in an economical
manner or to control utilization, with safeguards to ensure that necessary services are
provided. Before implementing prepaid programs in counties with a county operated or
affiliated public teaching hospital or a hospital or clinic operated by the University of
Minnesota, the commissioner shall consider the risks the prepaid program creates for the
hospital and allow the county or hospital the opportunity to participate in the program in a
manner that reflects the risk of adverse selection and the nature of the patients served by
the hospital, provided the terms of participation in the program are competitive with the
terms of other participants considering the nature of the population served. Payment for
services provided pursuant to this subdivision shall be as provided to medical assistance
vendors of these services under sections 256B.02, subdivision 8, and 256B.0625. For
payments made during fiscal year 1990 and later years, the commissioner shall consult
with an independent actuary in establishing prepayment rates, but shall retain final control
over the rate methodology.

(d) Recipients eligible under subdivision 3, paragraph (a), shall pay the following
co-payments for services provided on or after October 1, 2003:

(1) $25 for eyeglasses;

(2) $25 for nonemergency visits to a hospital-based emergency room;

(3) $3 per brand-name drug prescription and $1 per generic drug prescription,
subject to a $12 per month maximum for prescription drug co-payments. No co-payments
shall apply to antipsychotic drugs when used for the treatment of mental illness; and

(4) 50 percent coinsurance on restorative dental services.

(e) Co-payments shall be limited to one per day per provider for nonpreventive visits,
eyeglasses, and nonemergency visits to a hospital-based emergency room. Recipients of
general assistance medical care are responsible for all co-payments in this subdivision.
The general assistance medical care reimbursement to the provider shall be reduced by
the amount of the co-payment, except that reimbursement for prescription drugs shall not
be reduced once a recipient has reached the $12 per month maximum for prescription
drug co-payments. The provider collects the co-payment from the recipient. Providers
may not deny services to recipients who are unable to pay the co-payment, except as
provided in paragraph (f).

(f) If it is the routine business practice of a provider to refuse service to an individual
with uncollected debt, the provider may include uncollected co-payments under this
section. A provider must give advance notice to a recipient with uncollected debt before
services can be denied.

(g) Any county may, from its own resources, provide medical payments for which
state payments are not made.

(h) Chemical dependency services that are reimbursed under chapter 254B must not
be reimbursed under general assistance medical care.

(i) The maximum payment for new vendors enrolled in the general assistance
medical care program after the base year shall be determined from the average usual and
customary charge of the same vendor type enrolled in the base year.

(j) The conditions of payment for services under this subdivision are the same as the
conditions specified in rules adopted under chapter 256B governing the medical assistance
program, unless otherwise provided by statute or rule.

(k) Inpatient and outpatient payments shall be reduced by five percent, effective July
1, 2003. This reduction is in addition to the five percent reduction effective July 1, 2003,
and incorporated by reference in paragraph (i).

(l) Payments for all other health services except inpatient, outpatient, and pharmacy
services shall be reduced by five percent, effective July 1, 2003.

(m) Payments to managed care plans shall be reduced by five percent for services
provided on or after October 1, 2003.

(n) A hospital receiving a reduced payment as a result of this section may apply the
unpaid balance toward satisfaction of the hospital's bad debts.

(o) Fee-for-service payments for nonpreventive visits shall be reduced by $3
for services provided on or after January 1, 2006. For purposes of this subdivision, a
visit means an episode of service which is required because of a recipient's symptoms,
diagnosis, or established illness, and which is delivered in an ambulatory setting by
a physician or physician ancillary, chiropractor, podiatrist, advance practice nurse,
audiologist, optician, or optometrist.

(p) Payments to managed care plans shall not be increased as a result of the removal
of the $3 nonpreventive visit co-payment effective January 1, 2006.

new text begin (q) Payments for mental health services added as covered benefits after December 1,
2007, are not subject to the reductions in paragraphs (i), (k), (l), and (m).
new text end

Sec. 11.

Minnesota Statutes 2006, section 256D.44, subdivision 5, is amended to read:

Subd. 5.

Special needs.

In addition to the state standards of assistance established in
subdivisions 1 to 4, payments are allowed for the following special needs of recipients of
Minnesota supplemental aid who are not residents of a nursing home, a regional treatment
center, or a group residential housing facility.

(a) The county agency shall pay a monthly allowance for medically prescribed
diets if the cost of those additional dietary needs cannot be met through some other
maintenance benefit. The need for special diets or dietary items must be prescribed by
a licensed physician. Costs for special diets shall be determined as percentages of the
allotment for a one-person household under the thrifty food plan as defined by the United
States Department of Agriculture. The types of diets and the percentages of the thrifty
food plan that are covered are as follows:

(1) high protein diet, at least 80 grams daily, 25 percent of thrifty food plan;

(2) controlled protein diet, 40 to 60 grams and requires special products, 100 percent
of thrifty food plan;

(3) controlled protein diet, less than 40 grams and requires special products, 125
percent of thrifty food plan;

(4) low cholesterol diet, 25 percent of thrifty food plan;

(5) high residue diet, 20 percent of thrifty food plan;

(6) pregnancy and lactation diet, 35 percent of thrifty food plan;

(7) gluten-free diet, 25 percent of thrifty food plan;

(8) lactose-free diet, 25 percent of thrifty food plan;

(9) antidumping diet, 15 percent of thrifty food plan;

(10) hypoglycemic diet, 15 percent of thrifty food plan; or

(11) ketogenic diet, 25 percent of thrifty food plan.

(b) Payment for nonrecurring special needs must be allowed for necessary home
repairs or necessary repairs or replacement of household furniture and appliances using
the payment standard of the AFDC program in effect on July 16, 1996, for these expenses,
as long as other funding sources are not available.

(c) A fee for guardian or conservator service is allowed at a reasonable rate
negotiated by the county or approved by the court. This rate shall not exceed five percent
of the assistance unit's gross monthly income up to a maximum of $100 per month. If the
guardian or conservator is a member of the county agency staff, no fee is allowed.

(d) The county agency shall continue to pay a monthly allowance of $68 for
restaurant meals for a person who was receiving a restaurant meal allowance on June 1,
1990, and who eats two or more meals in a restaurant daily. The allowance must continue
until the person has not received Minnesota supplemental aid for one full calendar month
or until the person's living arrangement changes and the person no longer meets the criteria
for the restaurant meal allowance, whichever occurs first.

(e) A fee of ten percent of the recipient's gross income or $25, whichever is less,
is allowed for representative payee services provided by an agency that meets the
requirements under SSI regulations to charge a fee for representative payee services. This
special need is available to all recipients of Minnesota supplemental aid regardless of
their living arrangement.

(f) Notwithstanding the language in this subdivision, an amount equal to the
maximum allotment authorized by the federal Food Stamp Program for a single individual
which is in effect on the first day of deleted text begin January deleted text end new text begin July new text end of the deleted text begin previous deleted text end new text begin current state fiscal new text end
year will be added to the standards of assistance established in subdivisions 1 to 4 for
individuals under the age of 65 who are relocating from an institution, deleted text begin or deleted text end an adult mental
health residential treatment program under section 256B.0622, new text begin or an adult eligible for the
community alternatives for disabled individuals waiver, new text end and who are shelter needy. An
eligible individual who receives this benefit prior to age 65 may continue to receive the
benefit after the age of 65.

"Shelter needy" means that the assistance unit incurs monthly shelter costs that
exceed 40 percent of the assistance unit's gross income before the application of this
special needs standard. "Gross income" for the purposes of this section is the applicant's or
recipient's income as defined in section 256D.35, subdivision 10, or the standard specified
in subdivision 3, whichever is greater. A recipient of a federal or state housing subsidy,
that limits shelter costs to a percentage of gross income, shall not be considered shelter
needy for purposes of this paragraph.

Sec. 12.

Minnesota Statutes 2006, section 256L.03, subdivision 1, is amended to read:

Subdivision 1.

Covered health services.

For individuals under section 256L.04,
subdivision 7, with income no greater than 75 percent of the federal poverty guidelines
or for families with children under section 256L.04, subdivision 1, all subdivisions of
this section apply. "Covered health services" means the health services reimbursed
under chapter 256B, with the exception of inpatient hospital services, special education
services, private duty nursing services, adult dental care services other than services
covered under section 256B.0625, subdivision 9, orthodontic services, nonemergency
medical transportation services, personal care assistant and case management services,
nursing home or intermediate care facilities services, inpatient mental health services,
and chemical dependency services. deleted text begin Outpatient mental health services covered under the
MinnesotaCare program are limited to diagnostic assessments, psychological testing,
explanation of findings, mental health telemedicine, psychiatric consultation, medication
management by a physician, day treatment, partial hospitalization, and individual, family,
and group psychotherapy.
deleted text end

No public funds shall be used for coverage of abortion under MinnesotaCare
except where the life of the female would be endangered or substantial and irreversible
impairment of a major bodily function would result if the fetus were carried to term; or
where the pregnancy is the result of rape or incest.

Covered health services shall be expanded as provided in this section.

Sec. 13.

Minnesota Statutes 2006, section 256L.03, subdivision 5, is amended to read:

Subd. 5.

Co-payments and coinsurance.

(a) Except as provided in paragraphs (b)
and (c), the MinnesotaCare benefit plan shall include the following co-payments and
coinsurance requirements for all enrollees:

(1) ten percent of the paid charges for inpatient hospital services for adult enrollees,
subject to an annual inpatient out-of-pocket maximum of $1,000 per individual and
$3,000 per family;

(2) $3 per prescription for adult enrollees;

(3) $25 for eyeglasses for adult enrollees;

(4) $3 per nonpreventive visit. For purposes of this subdivision, a "visit" means an
episode of service which is required because of a recipient's symptoms, diagnosis, or
established illness, and which is delivered in an ambulatory setting by a physician or
physician ancillary, chiropractor, podiatrist, nurse midwife, advanced practice nurse,
audiologist, optician, or optometrist; and

(5) $6 for nonemergency visits to a hospital-based emergency room.

(b) Paragraph (a), clause (1), does not apply to parents and relative caretakers of
children under the age of 21 in households with family income equal to or less than 175
percent of the federal poverty guidelines. Paragraph (a), clause (1), does not apply to
parents and relative caretakers of children under the age of 21 in households with family
income greater than 175 percent of the federal poverty guidelines for inpatient hospital
admissions occurring on or after January 1, 2001.

(c) Paragraph (a), clauses (1) to (4), do not apply to pregnant women and children
under the age of 21.

(d) new text begin Paragraph (a), clause (4), does not apply to mental health services.
new text end

new text begin (e) new text end Adult enrollees with family gross income that exceeds 175 percent of the
federal poverty guidelines and who are not pregnant shall be financially responsible for
the coinsurance amount, if applicable, and amounts which exceed the $10,000 inpatient
hospital benefit limit.

deleted text begin (e) deleted text end new text begin (f) new text end When a MinnesotaCare enrollee becomes a member of a prepaid health plan,
or changes from one prepaid health plan to another during a calendar year, any charges
submitted towards the $10,000 annual inpatient benefit limit, and any out-of-pocket
expenses incurred by the enrollee for inpatient services, that were submitted or incurred
prior to enrollment, or prior to the change in health plans, shall be disregarded.

Sec. 14.

Minnesota Statutes 2006, section 256L.035, is amended to read:

256L.035 LIMITED BENEFITS COVERAGE FOR CERTAIN SINGLE
ADULTS AND HOUSEHOLDS WITHOUT CHILDREN.

(a) "Covered health services" for individuals under section 256L.04, subdivision
7, with income above 75 percent, but not exceeding 175 percent, of the federal poverty
guideline means:

(1) inpatient hospitalization benefits with a ten percent co-payment up to $1,000 and
subject to an annual limitation of $10,000;

(2) physician services provided during an inpatient stay; and

(3) physician services not provided during an inpatient stay; outpatient hospital
services; freestanding ambulatory surgical center services; chiropractic services; lab and
diagnostic services; diabetic supplies and equipment; new text begin mental health services as covered
under chapter 256B; new text end and prescription drugs; subject to the following co-payments:

(i) $50 co-pay per emergency room visit;

(ii) $3 co-pay per prescription drug; and

(iii) $5 co-pay per nonpreventive visit new text begin ; except this co-pay does not apply to mental
health services or community mental health services new text end .

The services covered under this section may be provided by a physician, physician
ancillary, chiropractor, psychologist, deleted text begin or deleted text end licensed independent clinical social worker new text begin , or
other mental health providers covered under chapter 256B new text end if the services are within the
scope of practice of that health care professional.

For purposes of this section, "a visit" means an episode of service which is required
because of a recipient's symptoms, diagnosis, or established illness, and which is delivered
in an ambulatory setting by any health care provider identified in this paragraph.

Enrollees are responsible for all co-payments in this section.

(b) Reimbursement to the providers shall be reduced by the amount of the
co-payment, except that reimbursement for prescription drugs shall not be reduced once a
recipient has reached the $20 per month maximum for prescription drug co-payments.
The provider collects the co-payment from the recipient. Providers may not deny services
to recipients who are unable to pay the co-payment, except as provided in paragraph (c).

(c) If it is the routine business practice of a provider to refuse service to an individual
with uncollected debt, the provider may include uncollected co-payments under this
section. A provider must give advance notice to a recipient with uncollected debt before
services can be denied.

Sec. 15.

Minnesota Statutes 2006, section 256L.07, subdivision 3, is amended to read:

Subd. 3.

Other health coverage.

(a) Families and individuals enrolled in the
MinnesotaCare program must have no health coverage while enrolled deleted text begin or for at least four
months prior to application and renewal deleted text end . Children enrolled in the original children's health
plan and children in families with income equal to or less than 150 percent of the federal
poverty guidelines, who have other health insurance, are eligible if the coverage:

(1) lacks two or more of the following:

(i) basic hospital insurance;

(ii) medical-surgical insurance;

(iii) prescription drug coverage;

(iv) dental coverage; deleted text begin or
deleted text end

(v) vision coverage; new text begin or
new text end

new text begin (vi) mental health coverage;
new text end

(2) requires a deductible of $100 or more per person per year; or

(3) lacks coverage because the child has exceeded the maximum coverage for a
particular diagnosis or the policy excludes a particular diagnosis.

The commissioner may change this eligibility criterion for sliding scale premiums
in order to remain within the limits of available appropriations. The requirement of no
health coverage does not apply to newborns.

(b) Medical assistance, general assistance medical care, and the Civilian Health and
Medical Program of the Uniformed Service, CHAMPUS, or other coverage provided under
United States Code, title 10, subtitle A, part II, chapter 55, are not considered insurance or
health coverage for purposes of the four-month requirement described in this subdivision.

(c) For purposes of this subdivision, an applicant or enrollee who is entitled to
Medicare Part A or enrolled in Medicare Part B coverage under title XVIII of the Social
Security Act, United States Code, title 42, sections 1395c to 1395w-152, is considered to
have health coverage. An applicant or enrollee who is entitled to premium-free Medicare
Part A may not refuse to apply for or enroll in Medicare coverage to establish eligibility
for MinnesotaCare.

(d) Applicants who were recipients of medical assistance or general assistance
medical care within one month of application must meet the provisions of this subdivision
and subdivision 2.

(e) Cost-effective health insurance that was paid for by medical assistance is not
considered health coverage for purposes of the four-month requirement under this
section, except if the insurance continued after medical assistance no longer considered it
cost-effective or after medical assistance closed.

Sec. 16.

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

Subd. 9a.

Rate setting; ratable reduction.

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

Sec. 17. new text begin MENTAL HEALTH SERVICES PROVIDER RATE INCREASES.
new text end

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

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

new text begin (1) children's therapeutic services and support under section 256B.0943; and
new text end

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

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

new text begin (d) For public employees, the increase for wages and benefits for certain staff is
available and pay rates shall be increased only to the extent that they comply with laws
governing public employees' collective bargaining. Money received by a provider for pay
increases under this section may be used only for increases implemented on or after the
first day of the rate period in which the increase is available and must not be used for
increases implemented prior to that date.
new text end

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

Sec. 18. new text begin REQUIREMENT FOR THE COMMISSIONER OF HUMAN
SERVICES TO SEEK FEDERAL APPROVAL TO EXPAND MEDICAL
ASSISTANCE TO INCLUDE CERTAIN MENTAL HEALTH SERVICES.
new text end

new text begin (a) The commissioner of human services shall seek federal approval to expand
medical assistance covered services to include:
new text end

new text begin (1) family psychoeducation, which is a multimodal outpatient therapy and
rehabilitative service that involves parents, families, and others as resources in the
treatment, recovery, and improved functioning of a person with mental illness or
emotional disturbance, in which families learn about the illness, family reactions, and
types of treatment and support. Families learn to develop skills to handle problems
posed by mental illness including coping, managing stress, ensuring safety, creating
social support, identifying resources, and supporting treatment and recovery goals.
Services include family counseling, family treatment planning, and family support using
cognitive, behavioral, problem-solving, and communication strategies, and may involve
individual, family, and group intervention activities for consumers and families together,
families only, or brief intermittent consultations at critical times in an episode of care.
Eligible providers must be certified to provide both outpatient mental health services and
rehabilitative services under this section;
new text end

new text begin (2) intensive mental health outpatient treatment, which is a multimodal, therapeutic,
and rehabilitative service that is provided for at least two hours per day and at least nine
to 20 hours per week. The service provides an opportunity to combine existing covered
services to deliver the necessary intensity and frequency of services identified in the
individual treatment plan. Components of intensive mental health outpatient treatment
include, but are not limited to:
new text end

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

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

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

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

new text begin (3) coordination and care management, which is for the purpose of improving
continuity and access to appropriate and necessary services; and
new text end

new text begin (4) collateral contracts as a component of children's therapeutic services and support,
adult rehabilitative mental health services, and community mental health services. These
services must be directed by an individual treatment plan, and are solely for the purpose of
assisting parents and others toward understanding, accommodating, and better caregiving
of the person with mental illness or emotional disturbance.
new text end

new text begin (b) The commissioner shall also seek federal approval in order to authorize medical
assistance payments for community mental health and psychiatry services provided to
dual-eligible clients to be paid at the Medicare reimbursement rate or at the medical
assistance payment rate in effect at a certain point in time, whichever is greater.
new text end

new text begin (c) The commissioner shall seek federal approval as soon as possible, but no later
than September 1, 2007. The commissioner shall report to the legislative committees
having jurisdiction over mental health issues the result of each request in paragraphs
(a) and (b) in the legislative session following the federal government's determinations,
unless the commissioner receives the determination during a legislative session. If the
determination is favorable and is received by the commissioner during the legislative
session, the commissioner shall report the information to the legislature within one week.
new text end

new text begin (d) If the federal government approves any of the requests in paragraphs (a) and (b),
the commissioner shall consult with mental health advocates for input when drafting
legislation incorporating the new services into the statutes. The draft legislation is due to
the legislature at the same time as the report in paragraph (c).
new text end

Sec. 19. new text begin APPROPRIATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Mobile mental health crisis services. new text end

new text begin (a) $5,000,000 in fiscal year
2008 and $7,250,000 in fiscal year 2009 are appropriated from the general fund to the
commissioner of human services for statewide funding of mobile mental health crisis
services under Minnesota Statutes, sections 256B.0624 and 256B.0944.
new text end

new text begin (b) Providers must utilize all available funding streams.
new text end

new text begin Subd. 2. new text end

new text begin Mental health tracking system. new text end

new text begin $448,000 in fiscal year 2008 and
$324,000 in fiscal year 2009 are appropriated from the general fund to the commissioner
of human services to fund implementation and continuation of the mental health services
outcomes and tracking system.
new text end

new text begin Subd. 3. new text end

new text begin Suicide prevention program. new text end

new text begin $1,100,000 in fiscal year 2008 and
$1,100,000 in fiscal year 2009 are appropriated from the general fund to the commissioner
of health to fund the suicide prevention program.
new text end