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SF 11

as introduced - 91st Legislature, 2020 4th Special Session (2020 - 2020) Posted on 09/12/2020 07:48am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to human services; establishing mental health provider retention grants;
appropriating money.

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

Section 1. new text begin COVID-19-RELATED MENTAL HEALTH PROVIDER RETENTION
GRANTS.
new text end

new text begin Subdivision 1. new text end

new text begin Appropriation. new text end

new text begin (a) $30,000,000 in fiscal year 2021 is appropriated from
the coronavirus relief fund to the commissioner of human services for retention grants to
eligible providers as defined in subdivision 2 to assist providers with:
new text end

new text begin (1) costs related to personal protective equipment, cleaning and sanitizing, optimizing
physical distancing, workplace safety precautions, additional training, unemployment
expenses, and other public health safety precautions;
new text end

new text begin (2) expenses related to telehealth implementation;
new text end

new text begin (3) personnel costs for hazard pay for providing in-person services and COVID-19-related
leave; and
new text end

new text begin (4) loss of income and billing resulting from COVID-19-related census decreases for
residential treatment programs and programs that were required to be closed or limited due
to COVID-19.
new text end

new text begin (b) Grantees must use funds awarded under this section for unreimbursed costs incurred
or revenue losses experienced due to the COVID-19 pandemic from March 1, 2020, through
December 30, 2020. The costs identified in paragraph (a) are considered unreimbursed if
they are incremental expenses incurred due to the COVID-19 pandemic or expenses incurred
that exceed revenue for the program.
new text end

new text begin (c) The commissioner may use up to $125,000 of this appropriation to administer this
grant.
new text end

new text begin (d) This is a onetime appropriation and is available until January 30, 2021.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have the
meanings given them.
new text end

new text begin (b) "Eligible provider" means a community mental health provider that provides eligible
services, as defined in paragraph (c), to a child with an emotional disorder or to an adult
with a mental illness, and meets the attestation and agreement requirements in subdivisions
3 and 4.
new text end

new text begin (c) "Eligible services" means the following services:
new text end

new text begin (1) assertive community treatment and intensive residential treatment services under
Minnesota Statutes, section 256B.0622;
new text end

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

new text begin (3) mental health crisis response services under Minnesota Statutes, sections 256B.0624
and 256B.0944;
new text end

new text begin (4) children's therapeutic services and supports under Minnesota Statutes, section
256B.0943;
new text end

new text begin (5) residential services for children with severe emotional disturbance under Minnesota
Statutes, section 256B.0945;
new text end

new text begin (6) psychiatric residential treatment facility services under Minnesota Statutes, section
256B.0941;
new text end

new text begin (7) outpatient mental health services provided by a mental health professional, a mental
health practitioner, or a mental health practitioner working as a clinical trainee under
Minnesota Statutes, section 256B.0625, subdivision 65;
new text end

new text begin (8) mental health services provided by certified community behavioral health centers
under Minnesota Statutes, section 245.735, subdivision 3;
new text end

new text begin (9) intensive mental health outpatient treatment under Minnesota Statutes, section
256B.0625, subdivision 5l;
new text end

new text begin (10) intensive treatment in foster care under Minnesota Statutes, section 256B.0946;
new text end

new text begin (11) mental health services provided by approved mental health clinics under Minnesota
Statutes, section 245.69, subdivision 2, and community mental health centers under
Minnesota Statutes, section 256B.0625, subdivision 5;
new text end

new text begin (12) mental health case management under Minnesota Statutes, section 256B.0625,
subdivision 20; and
new text end

new text begin (13) substance use disorder treatment provided by providers licensed under Minnesota
Statutes, chapter 245G.
new text end

new text begin Subd. 3. new text end

new text begin Attestation. new text end

new text begin (a) As a condition of obtaining funds under this section, an eligible
provider must attest to the following on the grant request form:
new text end

new text begin (1) the intent to provide eligible services under this section through December 30, 2020;
and
new text end

new text begin (2) unreimbursed costs incurred or revenue losses experienced between March 1, 2020,
and December 30, 2020, related to the expenses and losses listed in subdivision 1, paragraph
(a).
new text end

new text begin (b) An eligible provider may submit a grant request form no more than monthly for
eligible expenses and losses incurred until December 30, 2020. An eligible provider must
submit a grant request form by January 31, 2021, for expenses and losses incurred for eligible
services provided between December 1, 2020, and December 30, 2020.
new text end

new text begin Subd. 4. new text end

new text begin Agreement. new text end

new text begin As a condition of obtaining funds under this section, an eligible
provider must agree to the following on the grant request form:
new text end

new text begin (1) cooperate with the commissioner of human services to deliver services according to
the program and service waivers and modifications issued under the commissioner's authority;
new text end

new text begin (2) maintain documentation sufficient to demonstrate the unreimbursed costs required
in order to receive a grant under this section; and
new text end

new text begin (3) acknowledge that retention grants may be subject to a special recoupment under this
section if a state audit performed under this section determines that the provider used awarded
funds for purposes not authorized under this section.
new text end

new text begin Subd. 5. new text end

new text begin Retention grants. new text end

new text begin (a) No later than October 30, 2020, the commissioner shall
begin issuing grants to eligible providers.
new text end

new text begin (b) The commissioner shall implement grants and the process of making grants under
this subdivision without compliance with time-consuming procedures and formalities
prescribed in law such as the following statutes and related policies: Minnesota Statutes,
sections 16A.15, subdivision 3; 16B.97; 16B.98, subdivisions 5 and 7; and 16B.98,
subdivision 8, the express audit clause requirement.
new text end

new text begin (c) By accepting a grant under this subdivision, the grantee attests to the conditions
specified in subdivisions 3 and 4.
new text end

new text begin (d) The commissioner's determination of the grant amount determined under this
subdivision is final and is not subject to appeal.
new text end

new text begin (e) The commissioner may make grants in an amount determined by the commissioner,
based on each grantee's application, up to $300,000 per grantee.
new text end

new text begin (f) Notwithstanding paragraph (e), if funds are available after all eligible providers have
received a grant, the commissioner may award additional grant funds to eligible providers
who have already received the $300,000 maximum grant amount.
new text end

new text begin (g) If applications for grants exceed the available appropriation, the commissioner shall
give priority to grant applications submitted by eligible providers whose applications
demonstrate the highest need and who provide treatment primarily to underserved
communities, including individuals enrolled in medical assistance and MinnesotaCare.
new text end

new text begin (h) The commissioner may award grants based on a specific month or months that an
eligible provider meets the qualifying criteria, or based on the eligible provider's cumulative
financial performance from March 1, 2020, to December 30, 2020.
new text end

new text begin Subd. 6. new text end

new text begin Payments for services provided. new text end

new text begin Providers who receive grants under this
section may continue to bill for services provided.
new text end

new text begin Subd. 7. new text end

new text begin Recoupment. new text end

new text begin (a) The commissioner may perform an audit under this section
up to six years after the grant is awarded to ensure the funds are utilized solely for the
purposes stated in subdivision 1.
new text end

new text begin (b) If the commissioner determines that a provider used awarded funds for purposes not
authorized under this section, the commissioner shall treat any amount used for a purpose
not authorized under this section as an overpayment. The commissioner shall recover any
overpayment.
new text end

new text begin Subd. 8. new text end

new text begin Expiration. new text end

new text begin This section expires January 31, 2021.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end