SF 863

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to human services; changing mental health provisions; establishing
children's mental health grants; establishing a children's mental health work
group; providing grants for trauma-focused, evidence-based practices to children;
providing county reimbursement for respite care for children; requiring reports;
appropriating money; amending Minnesota Statutes 2006, section 256L.07,
subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 245.

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

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.

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. 3. 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 funding of wraparound services to address the needs of children diagnosed
with an emotional disturbance or a severe emotional disturbance. The work group shall
consist of representatives from the Department of Health, the Department of Education,
organizations that provide or advocate for childrena??s mental health services, and Minnesota
counties. 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 no later than January 1, 2008.
new text end

Sec. 4. new text begin TRAUMA-FOCUSED, EVIDENCE-BASED PRACTICES TO
CHILDREN.
new text end

new text begin Organizations that are certified to provide children's therapeutic services and
supports under Minnesota Statutes, section 256B.0943, are eligible to apply for a grant.
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 which constitutes evidence-based practice. Organizations shall
use all available funding streams.
new text end

Sec. 5. new text begin RESPITE CARE.
new text end

new text begin (a) The commissioner shall reimburse counties for their costs of funding respite
care for children who have a diagnosis of emotional disturbance or severe emotional
disturbance.
new text end

new text begin (b) Funds under paragraph (a) may be used to pay for day, night, overnight, and
summer or vacation respite care. Funds may also be used to recruit and train respite
care providers.
new text end

new text begin (c) The commissioner shall convene a work group composed of stakeholders to
determine how funds in subsequent years may be used, how funds will be disbursed to
counties, who is eligible to provide respite care, and what outcome data will be collected.
new text end

Sec. 6. 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 childrena??s mental health
care and treatment.
new text end

new text begin Subd. 2. 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 4 that support children and youth who have been exposed to violence or
who are refugees.
new text end

new text begin Subd. 3. 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
5 who have a diagnosis of emotional disturbance or severe emotional disturbance.
new text end