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Capital IconMinnesota Legislature
Office of the Revisor of Statutes

SF 2818

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 04/01/2024 12:08pm

KEY: stricken = removed, old language.
underscored = added, new language.
Version List Authors and Status
Pdf Rtf

Current Version - 1st Engrossment

Line numbers 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 1.26 1.27 1.28 1.29 1.30 1.31 1.32 1.33 1.34 1.35 1.36 2.1
2.2 2.3
2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20
2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10
4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 4.33 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10
5.11
5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9
6.10
6.11 6.12 6.13 6.14 6.15 6.16 6.17
6.18
6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 6.32 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22
7.23 7.24 7.25 7.26 7.27 7.28 7.29 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16
8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29 8.30 8.31 8.32 8.33 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29 9.30 9.31 9.32 9.33 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21 10.22 10.23 10.24 10.25 10.26 10.27 10.28 10.29 10.30 10.31 10.32 10.33 10.34 11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14 11.15 11.16 11.17 11.18 11.19 11.20 11.21 11.22 11.23 11.24 11.25 11.26 11.27 11.28 11.29 11.30 11.31 11.32 12.1 12.2 12.3 12.4 12.5 12.6 12.7
12.8 12.9
12.10 12.11 12.12 12.13 12.14 12.15 12.16
12.17 12.18 12.19 12.20 12.21
12.22 12.23 12.24 12.25 12.26 12.27 12.28 12.29 12.30 12.31 13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8 13.9 13.10 13.11 13.12 13.13 13.14 13.15 13.16 13.17 13.18 13.19 13.20 13.21 13.22 13.23 13.24 13.25 13.26 13.27 13.28 13.29 13.30 13.31 13.32 13.33 13.34 14.1 14.2 14.3 14.4 14.5 14.6 14.7 14.8 14.9 14.10 14.11 14.12 14.13 14.14 14.15 14.16 14.17 14.18 14.19 14.20
14.21 14.22 14.23 14.24 14.25 14.26 14.27 14.28 14.29 14.30 15.1 15.2 15.3 15.4 15.5 15.6 15.7 15.8 15.9
15.10 15.11 15.12 15.13 15.14 15.15 15.16 15.17 15.18 15.19 15.20 15.21 15.22 15.23 15.24 15.25 15.26 15.27 15.28 15.29 15.30
15.31 15.32 15.33 16.1 16.2 16.3 16.4 16.5 16.6 16.7 16.8 16.9 16.10 16.11 16.12 16.13 16.14 16.15 16.16 16.17 16.18 16.19 16.20 16.21 16.22 16.23 16.24 16.25 16.26 16.27 16.28 16.29 16.30 16.31 16.32 16.33 17.1 17.2 17.3 17.4 17.5 17.6 17.7 17.8 17.9 17.10 17.11 17.12 17.13 17.14
17.15 17.16 17.17 17.18 17.19 17.20 17.21 17.22 17.23 17.24 17.25 17.26 17.27 17.28 17.29 17.30 17.31 18.1 18.2 18.3 18.4 18.5 18.6 18.7 18.8 18.9 18.10 18.11 18.12 18.13 18.14 18.15 18.16 18.17 18.18 18.19 18.20
18.21 18.22 18.23 18.24 18.25 18.26 18.27 18.28 18.29 18.30 18.31 19.1 19.2 19.3 19.4 19.5 19.6 19.7 19.8 19.9 19.10 19.11 19.12 19.13 19.14 19.15 19.16 19.17 19.18 19.19
19.20 19.21 19.22 19.23 19.24 19.25 19.26 19.27 19.28 19.29 19.30 19.31 19.32 20.1 20.2 20.3 20.4 20.5 20.6 20.7 20.8 20.9 20.10 20.11 20.12 20.13 20.14 20.15 20.16 20.17 20.18 20.19 20.20 20.21 20.22 20.23 20.24 20.25 20.26 20.27 20.28 20.29
20.30 20.31 20.32 20.33 20.34 21.1 21.2 21.3 21.4 21.5
21.6 21.7 21.8 21.9 21.10 21.11 21.12 21.13 21.14 21.15 21.16 21.17 21.18 21.19 21.20 21.21 21.22 21.23 21.24 21.25 21.26 21.27 21.28 21.29 21.30 21.31 21.32 21.33 22.1 22.2
22.3 22.4 22.5 22.6 22.7 22.8 22.9 22.10 22.11 22.12
22.13 22.14 22.15 22.16 22.17 22.18 22.19 22.20
22.21 22.22 22.23 22.24 22.25 22.26 22.27 22.28
23.1 23.2 23.3 23.4
23.5 23.6 23.7 23.8
23.9 23.10 23.11 23.12 23.13 23.14 23.15
23.16 23.17 23.18
23.19 23.20 23.21 23.22 23.23 23.24
23.25 23.26 23.27 23.28 24.1 24.2
24.3 24.4 24.5
24.6 24.7 24.8 24.9 24.10
24.11 24.12 24.13 24.14 24.15
24.16 24.17 24.18 24.19 24.20 24.21
24.22 24.23 24.24 24.25 24.26 24.27
25.1 25.2 25.3 25.4 25.5 25.6 25.7 25.8 25.9 25.10 25.11 25.12 25.13 25.14 25.15 25.16 25.17 25.18 25.19 25.20 25.21 25.22 25.23 25.24 25.25 25.26
25.27 25.28 25.29 25.30 25.31 25.32 25.33 26.1 26.2 26.3 26.4 26.5 26.6 26.7 26.8 26.9 26.10 26.11 26.12 26.13 26.14 26.15 26.16 26.17 26.18 26.19 26.20 26.21 26.22 26.23 26.24 26.25 26.26 26.27 26.28 26.29 26.30 26.31 26.32 26.33 27.1 27.2 27.3 27.4 27.5 27.6 27.7 27.8 27.9 27.10 27.11 27.12
27.13 27.14 27.15 27.16 27.17 27.18
27.19 27.20 27.21 27.22 27.23 27.24 27.25 27.26 27.27 27.28 27.29 27.30 27.31 28.1 28.2 28.3 28.4 28.5 28.6 28.7
28.8 28.9 28.10 28.11 28.12 28.13 28.14 28.15 28.16 28.17 28.18 28.19 28.20 28.21 28.22 28.23 28.24 28.25 28.26 28.27 28.28 28.29 28.30 28.31 29.1 29.2 29.3 29.4 29.5 29.6 29.7 29.8 29.9 29.10 29.11 29.12 29.13 29.14 29.15 29.16 29.17 29.18 29.19 29.20 29.21 29.22 29.23 29.24
29.25 29.26 29.27 29.28 29.29 29.30 29.31 29.32 30.1 30.2 30.3
30.4 30.5 30.6 30.7 30.8 30.9 30.10 30.11 30.12 30.13 30.14 30.15 30.16 30.17 30.18 30.19 30.20 30.21 30.22 30.23 30.24 30.25 30.26 30.27 30.28 30.29 30.30 30.31 30.32 30.33 31.1 31.2 31.3 31.4 31.5 31.6 31.7 31.8 31.9 31.10 31.11 31.12 31.13 31.14 31.15 31.16 31.17 31.18 31.19 31.20 31.21 31.22 31.23 31.24 31.25 31.26 31.27 31.28 31.29 31.30 31.31 31.32 32.1 32.2 32.3 32.4 32.5 32.6 32.7 32.8 32.9 32.10 32.11 32.12 32.13 32.14 32.15 32.16 32.17 32.18 32.19 32.20 32.21 32.22 32.23 32.24 32.25 32.26 32.27 32.28 32.29 32.30 33.1 33.2 33.3 33.4 33.5 33.6 33.7 33.8 33.9 33.10 33.11 33.12 33.13 33.14 33.15 33.16 33.17 33.18 33.19 33.20 33.21 33.22 33.23 33.24 33.25 33.26 33.27 33.28
34.1 34.2 34.3 34.4 34.5
34.6 34.7 34.8 34.9 34.10 34.11 34.12 34.13 34.14 34.15 34.16 34.17 34.18 34.19 34.20 34.21 34.22 34.23 34.24 34.25 34.26 34.27 34.28 34.29 34.30 34.31 35.1 35.2 35.3 35.4 35.5 35.6 35.7 35.8 35.9 35.10 35.11 35.12 35.13 35.14 35.15 35.16 35.17 35.18 35.19 35.20 35.21 35.22 35.23
35.24 35.25 35.26 35.27 35.28
36.1 36.2 36.3 36.4 36.5 36.6
36.7 36.8 36.9 36.10 36.11 36.12 36.13 36.14 36.15 36.16 36.17 36.18 36.19 36.20 36.21 36.22 36.23 36.24 36.25 36.26 36.27 36.28 36.29 37.1 37.2 37.3 37.4 37.5 37.6 37.7 37.8 37.9 37.10 37.11 37.12 37.13
37.14 37.15 37.16 37.17 37.18 37.19 37.20 37.21 37.22 37.23 37.24 37.25 37.26 37.27 37.28 37.29 37.30 37.31 37.32 38.1 38.2 38.3 38.4 38.5 38.6
38.7 38.8 38.9 38.10 38.11
38.12 38.13 38.14 38.15 38.16 38.17 38.18 38.19 38.20 38.21 38.22 38.23 38.24 38.25 38.26 38.27 38.28 38.29 38.30 38.31 38.32 38.33 39.1 39.2 39.3 39.4 39.5 39.6 39.7 39.8 39.9 39.10 39.11 39.12 39.13 39.14
39.15 39.16 39.17 39.18 39.19 39.20 39.21 39.22 39.23 39.24 39.25 39.26 39.27 39.28 39.29 39.30 39.31 39.32 40.1 40.2 40.3 40.4 40.5 40.6 40.7 40.8 40.9 40.10 40.11 40.12 40.13 40.14 40.15 40.16 40.17 40.18 40.19 40.20 40.21
40.22 40.23 40.24 40.25 40.26 40.27 40.28 40.29 40.30 40.31 40.32 40.33 41.1 41.2 41.3 41.4 41.5 41.6 41.7 41.8 41.9 41.10 41.11 41.12 41.13 41.14 41.15 41.16 41.17 41.18 41.19 41.20 41.21 41.22 41.23 41.24 41.25 41.26 41.27 41.28 41.29 41.30 41.31 41.32 41.33 41.34 41.35 42.1 42.2 42.3 42.4 42.5 42.6 42.7 42.8 42.9 42.10 42.11 42.12 42.13 42.14 42.15 42.16 42.17 42.18 42.19 42.20 42.21 42.22 42.23 42.24 42.25 42.26 42.27 42.28 42.29 42.30 42.31
43.1 43.2 43.3 43.4 43.5 43.6 43.7 43.8 43.9 43.10 43.11 43.12 43.13 43.14 43.15 43.16 43.17 43.18 43.19 43.20 43.21 43.22 43.23 43.24 43.25 43.26 43.27 43.28 43.29 43.30 43.31
44.1 44.2 44.3 44.4 44.5 44.6 44.7 44.8 44.9 44.10 44.11
44.12 44.13 44.14
44.15 44.16 44.17 44.18 44.19 44.20 44.21 44.22
44.23 44.24
44.25 44.26 44.27 44.28 44.29 44.30 44.31 45.1 45.2
45.3 45.4 45.5 45.6 45.7 45.8 45.9 45.10
45.11 45.12 45.13 45.14 45.15 45.16 45.17 45.18 45.19 45.20
45.21 45.22 45.23 45.24 45.25 45.26 45.27 45.28 45.29 45.30 45.31 45.32 45.33 46.1 46.2 46.3 46.4 46.5 46.6 46.7 46.8 46.9 46.10
46.11 46.12 46.13 46.14 46.15 46.16 46.17 46.18 46.19 46.20 46.21
46.22 46.23 46.24 46.25 46.26 46.27 46.28 46.29 46.30 47.1 47.2 47.3 47.4 47.5 47.6 47.7 47.8 47.9 47.10 47.11 47.12 47.13 47.14 47.15 47.16 47.17
47.18 47.19 47.20 47.21 47.22 47.23 47.24 47.25 47.26 47.27 47.28 47.29
47.30 47.31 47.32 48.1 48.2 48.3 48.4 48.5 48.6 48.7 48.8 48.9 48.10 48.11 48.12
48.13 48.14 48.15 48.16 48.17 48.18 48.19
48.20 48.21 48.22 48.23 48.24 48.25 48.26 48.27 48.28 48.29 48.30 48.31
49.1 49.2 49.3 49.4 49.5 49.6 49.7 49.8 49.9 49.10 49.11 49.12 49.13 49.14 49.15 49.16 49.17 49.18 49.19 49.20 49.21 49.22 49.23 49.24 49.25 49.26 49.27
49.28 49.29 49.30 49.31 49.32 49.33 50.1 50.2 50.3 50.4 50.5 50.6 50.7 50.8 50.9 50.10 50.11 50.12 50.13 50.14 50.15 50.16 50.17 50.18 50.19 50.20 50.21 50.22 50.23 50.24 50.25 50.26 50.27 50.28 50.29 50.30 50.31 50.32 50.33 50.34 51.1 51.2 51.3 51.4 51.5 51.6 51.7 51.8 51.9 51.10 51.11 51.12 51.13 51.14 51.15 51.16 51.17 51.18 51.19
51.20 51.21 51.22 51.23 51.24 51.25 51.26 51.27 51.28 51.29 51.30 51.31
52.1 52.2 52.3 52.4 52.5 52.6 52.7 52.8 52.9 52.10 52.11 52.12 52.13 52.14 52.15 52.16 52.17 52.18 52.19 52.20 52.21 52.22 52.23 52.24 52.25 52.26 52.27 52.28 52.29 52.30 52.31 52.32 52.33 52.34 53.1 53.2 53.3 53.4 53.5 53.6 53.7 53.8 53.9 53.10 53.11 53.12 53.13 53.14 53.15 53.16 53.17 53.18 53.19 53.20 53.21 53.22 53.23 53.24 53.25 53.26 53.27 53.28 53.29 53.30 53.31 53.32 53.33 53.34 54.1 54.2 54.3 54.4 54.5 54.6 54.7 54.8 54.9 54.10 54.11 54.12 54.13 54.14 54.15 54.16 54.17 54.18 54.19 54.20 54.21 54.22 54.23 54.24 54.25 54.26 54.27 54.28 54.29 54.30 54.31 54.32 54.33 54.34 55.1 55.2 55.3 55.4 55.5 55.6 55.7 55.8 55.9 55.10 55.11
55.12
55.13 55.14 55.15 55.16 55.17 55.18 55.19 55.20 55.21 55.22 55.23 55.24 55.25 55.26 55.27 55.28 55.29 55.30 55.31 55.32 55.33 56.1 56.2 56.3 56.4 56.5 56.6 56.7 56.8 56.9 56.10 56.11 56.12
56.13
56.14 56.15 56.16 56.17 56.18 56.19 56.20 56.21 56.22 56.23 56.24 56.25 56.26 56.27 56.28 56.29 56.30 56.31 56.32 57.1 57.2 57.3 57.4 57.5 57.6 57.7 57.8 57.9 57.10 57.11 57.12 57.13 57.14 57.15 57.16 57.17 57.18 57.19 57.20 57.21 57.22 57.23 57.24 57.25 57.26 57.27 57.28 57.29 57.30 57.31 58.1 58.2 58.3 58.4 58.5 58.6 58.7 58.8 58.9 58.10 58.11 58.12 58.13 58.14 58.15 58.16 58.17 58.18 58.19
58.20
58.21 58.22 58.23 58.24 58.25 58.26 58.27 58.28 58.29 58.30 58.31 58.32 59.1 59.2 59.3 59.4 59.5 59.6 59.7 59.8 59.9 59.10 59.11 59.12 59.13 59.14 59.15 59.16 59.17 59.18 59.19 59.20 59.21 59.22 59.23 59.24 59.25 59.26 59.27 59.28 59.29 59.30 59.31 59.32 60.1 60.2 60.3 60.4 60.5 60.6 60.7 60.8 60.9 60.10 60.11 60.12 60.13 60.14 60.15 60.16 60.17 60.18 60.19 60.20 60.21 60.22 60.23 60.24 60.25 60.26 60.27 60.28 60.29 60.30 61.1 61.2 61.3 61.4 61.5 61.6 61.7 61.8 61.9 61.10 61.11 61.12 61.13 61.14 61.15 61.16 61.17 61.18 61.19 61.20 61.21 61.22 61.23 61.24 61.25 61.26 61.27
61.28 61.29 61.30 61.31 62.1 62.2 62.3 62.4 62.5 62.6 62.7 62.8 62.9 62.10 62.11 62.12 62.13 62.14 62.15 62.16 62.17
62.18 62.19 62.20 62.21 62.22 62.23 62.24 62.25 62.26 62.27 62.28 62.29 62.30 62.31
63.1 63.2 63.3 63.4 63.5 63.6 63.7 63.8 63.9 63.10 63.11 63.12 63.13 63.14 63.15 63.16 63.17 63.18 63.19 63.20 63.21 63.22 63.23 63.24 63.25 63.26 63.27 63.28 63.29 64.1 64.2 64.3 64.4 64.5 64.6 64.7 64.8
64.9 64.10 64.11 64.12 64.13 64.14 64.15 64.16 64.17 64.18 64.19 64.20 64.21 64.22 64.23 64.24 64.25 64.26 64.27 64.28 64.29 64.30 64.31 65.1 65.2 65.3 65.4 65.5 65.6 65.7 65.8 65.9 65.10 65.11 65.12 65.13 65.14 65.15 65.16 65.17 65.18 65.19 65.20 65.21 65.22 65.23 65.24 65.25 65.26 65.27 65.28 65.29 65.30 65.31 66.1 66.2 66.3 66.4 66.5 66.6 66.7 66.8 66.9 66.10 66.11 66.12 66.13 66.14 66.15 66.16 66.17 66.18 66.19 66.20 66.21 66.22 66.23 66.24 66.25 66.26 66.27 66.28 66.29 66.30 66.31 66.32 66.33 67.1 67.2 67.3 67.4 67.5 67.6 67.7 67.8 67.9
67.10 67.11 67.12 67.13 67.14 67.15 67.16 67.17 67.18 67.19 67.20 67.21 67.22 67.23 67.24 67.25 67.26 67.27 67.28 67.29 67.30 67.31 67.32 67.33 68.1 68.2 68.3 68.4 68.5 68.6 68.7 68.8 68.9 68.10 68.11 68.12 68.13 68.14 68.15 68.16 68.17 68.18 68.19 68.20 68.21 68.22 68.23 68.24 68.25 68.26 68.27 68.28 68.29 68.30 68.31 68.32 69.1 69.2 69.3 69.4 69.5 69.6 69.7 69.8 69.9 69.10 69.11 69.12 69.13 69.14 69.15 69.16 69.17 69.18 69.19 69.20
69.21
69.22 69.23 69.24 69.25 69.26 69.27 69.28 69.29 69.30 69.31 70.1 70.2 70.3 70.4 70.5 70.6
70.7 70.8 70.9
70.10 70.11 70.12 70.13 70.14 70.15 70.16 70.17 70.18 70.19 70.20 70.21 70.22 70.23 70.24 70.25 70.26 70.27 70.28 70.29 70.30 70.31 71.1 71.2 71.3 71.4 71.5
71.6 71.7
71.8 71.9 71.10 71.11 71.12 71.13 71.14 71.15 71.16 71.17 71.18 71.19 71.20 71.21 71.22 71.23 71.24 71.25 71.26 71.27 71.28 71.29 71.30 71.31 71.32 71.33 72.1 72.2 72.3 72.4 72.5 72.6 72.7 72.8 72.9 72.10 72.11 72.12 72.13 72.14 72.15 72.16 72.17 72.18 72.19 72.20 72.21 72.22 72.23 72.24 72.25 72.26 72.27 72.28 72.29 72.30 72.31 72.32 72.33 72.34 72.35 73.1 73.2 73.3 73.4
73.5 73.6 73.7 73.8 73.9 73.10 73.11 73.12 73.13 73.14 73.15 73.16 73.17 73.18 73.19 73.20 73.21 73.22
73.23 73.24 73.25 73.26 73.27 73.28 73.29 73.30 73.31 74.1 74.2 74.3 74.4 74.5 74.6
74.7 74.8 74.9 74.10 74.11 74.12 74.13 74.14
74.15 74.16 74.17 74.18 74.19 74.20 74.21 74.22 74.23 74.24 74.25 74.26 74.27 74.28 74.29 74.30 74.31 75.1 75.2 75.3 75.4 75.5 75.6 75.7 75.8 75.9 75.10 75.11 75.12 75.13 75.14 75.15 75.16 75.17 75.18 75.19 75.20 75.21 75.22 75.23 75.24 75.25 75.26 75.27 75.28 75.29 75.30 75.31 75.32 76.1 76.2 76.3 76.4 76.5 76.6 76.7 76.8 76.9 76.10 76.11 76.12 76.13 76.14 76.15 76.16 76.17 76.18 76.19 76.20 76.21 76.22 76.23 76.24 76.25 76.26 76.27 76.28 76.29 76.30 76.31 77.1 77.2 77.3 77.4
77.5 77.6
77.7 77.8 77.9 77.10 77.11 77.12 77.13 77.14 77.15 77.16 77.17 77.18 77.19 77.20 77.21 77.22 77.23 77.24 77.25 77.26 77.27 77.28 77.29 77.30 78.1 78.2 78.3 78.4 78.5 78.6 78.7 78.8 78.9 78.10 78.11 78.12
78.13 78.14 78.15 78.16 78.17 78.18 78.19 78.20 78.21 78.22 78.23 78.24 78.25 78.26 78.27 78.28 78.29 78.30 78.31 79.1 79.2 79.3 79.4 79.5 79.6 79.7 79.8 79.9 79.10 79.11 79.12 79.13 79.14 79.15 79.16 79.17
79.18
79.19 79.20 79.21 79.22 79.23 79.24 79.25 79.26 79.27
80.1 80.2 80.3 80.4 80.5 80.6 80.7 80.8 80.9 80.10 80.11 80.12 80.13 80.14 80.15 80.16 80.17 80.18 80.19 80.20 80.21 80.22 80.23 80.24 80.25 80.26 80.27 80.28 80.29 80.30
80.31
81.1 81.2 81.3 81.4 81.5 81.6 81.7 81.8 81.9 81.10 81.11 81.12 81.13 81.14 81.15 81.16 81.17 81.18 81.19 81.20 81.21 81.22 81.23 81.24 81.25 81.26 81.27 81.28 81.29 81.30 81.31 81.32 81.33 82.1 82.2 82.3 82.4 82.5 82.6 82.7 82.8 82.9 82.10 82.11 82.12 82.13 82.14 82.15 82.16 82.17 82.18 82.19 82.20 82.21 82.22 82.23 82.24 82.25 82.26 82.27 82.28 82.29 82.30 82.31 82.32 82.33 82.34 82.35 83.1 83.2 83.3 83.4 83.5 83.6 83.7 83.8 83.9 83.10 83.11 83.12 83.13 83.14 83.15 83.16 83.17 83.18 83.19 83.20 83.21 83.22 83.23 83.24 83.25 83.26 83.27 83.28 83.29 83.30 83.31 83.32 83.33 83.34 83.35 84.1 84.2 84.3 84.4 84.5 84.6 84.7 84.8 84.9 84.10 84.11 84.12 84.13 84.14 84.15 84.16 84.17 84.18 84.19 84.20 84.21 84.22 84.23
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87.1 87.2 87.3 87.4 87.5 87.6 87.7 87.8 87.9 87.10 87.11 87.12 87.13 87.14 87.15 87.16 87.17 87.18 87.19 87.20 87.21 87.22 87.23 87.24 87.25 87.26 87.27 87.28 87.29 87.30 87.31 87.32 87.33 87.34 87.35 88.1 88.2 88.3 88.4 88.5 88.6 88.7 88.8 88.9 88.10 88.11 88.12 88.13
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90.1 90.2 90.3 90.4 90.5 90.6 90.7 90.8 90.9 90.10 90.11 90.12 90.13 90.14 90.15 90.16 90.17 90.18 90.19 90.20 90.21 90.22 90.23
90.24 90.25 90.26 90.27 90.28 90.29 90.30 90.31 91.1 91.2 91.3 91.4 91.5 91.6 91.7 91.8 91.9 91.10 91.11 91.12 91.13 91.14 91.15 91.16 91.17 91.18 91.19 91.20 91.21 91.22 91.23 91.24 91.25 91.26 91.27
91.28 91.29 91.30 91.31 91.32 91.33 92.1 92.2 92.3 92.4 92.5 92.6 92.7 92.8 92.9 92.10 92.11 92.12 92.13 92.14 92.15 92.16 92.17 92.18 92.19 92.20 92.21 92.22 92.23 92.24 92.25 92.26 92.27 92.28 92.29 92.30 92.31 92.32 92.33 92.34
93.1 93.2 93.3 93.4 93.5 93.6 93.7 93.8 93.9 93.10
93.11 93.12 93.13 93.14 93.15 93.16 93.17 93.18 93.19 93.20 93.21 93.22 93.23 93.24 93.25 93.26 93.27 93.28 93.29 93.30 93.31 93.32 94.1 94.2 94.3 94.4 94.5 94.6 94.7 94.8

A bill for an act
 relating to human services; modifying and establishing laws regarding aging,
disability, behavioral health, substance use disorder, and civil commitment;
modifying eligibility for home and community-bases services workforce
development grants; amending Minnesota Statutes 2022, sections 62N.25,
subdivision 5; 62Q.1055; 62Q.47; 144A.06, subdivision 2; 144A.071, subdivision
2; 144A.073, subdivision 3b; 144A.474, subdivisions 3, 9, 12; 144A.4791,
subdivision 10; 148F.01, by adding a subdivision; 148F.11, by adding a subdivision;
169A.70, subdivisions 3, 4; 245.462, subdivisions 3, 12; 245.4711, subdivisions
3, 4; 245.477; 245.4835, subdivision 2; 245.4871, subdivisions 3, 19; 245.4873,
subdivision 4; 245.4881, subdivisions 3, 4; 245.4885, subdivision 1; 245.4887;
245.50, subdivision 5; 245A.03, subdivision 7; 245A.043, subdivision 3; 245A.11,
subdivision 7; 245A.16, subdivision 1; 245A.19; 245D.03, subdivision 1; 245F.04,
subdivision 1; 245G.05, subdivision 2; 245G.06, subdivision 2b; 245G.22,
subdivisions 2, 15, 17; 246.0135; 253B.10, subdivision 1; 254A.03, subdivision
3; 254A.035, subdivision 2; 254A.19, subdivisions 1, 3, 4, by adding subdivisions;
254B.01, subdivision 5, by adding subdivisions; 254B.03, subdivisions 1, 2, 5;
254B.04, subdivisions 1, 2a, by adding subdivisions; 254B.05, subdivisions 1a,
5; 256.01, by adding a subdivision; 256B.0659, by adding a subdivision;
256B.0911, subdivision 23; 256B.092, subdivision 10; 256B.093, subdivision 1;
256B.434, subdivision 4f; 256B.439, subdivision 3d, by adding a subdivision;
256B.492; 256B.493, subdivisions 2a, 4; 256D.09, subdivision 2a; 256L.03,
subdivision 2; 256L.12, subdivision 8; 256S.202, subdivision 1; 260B.157,
subdivisions 1, 3; 260C.157, subdivision 3; 260E.20, subdivision 1; 299A.299,
subdivision 1; 524.5-104; 524.5-313; Laws 2021, First Special Session chapter 7,
article 2, section 17; article 6, section 12; article 11, section 18; article 13, section
43; article 17, section 20; Laws 2022, chapter 98, article 4, section 37; proposing
coding for new law in Minnesota Statutes, chapter 325F; repealing Minnesota
Statutes 2022, sections 169A.70, subdivision 6; 245G.22, subdivision 19; 254A.02,
subdivision 8a; 254A.16, subdivision 6; 254A.19, subdivisions 1a, 2, 5; 254B.04,
subdivisions 2b, 2c; 254B.041, subdivision 2; 254B.13, subdivisions 1, 2, 2a, 4,
5, 6, 7, 8; 254B.16; 256.041, subdivision 10; 256B.49, subdivision 23; 260.835,
subdivision 2; Minnesota Rules, parts 9530.7000, subparts 1, 2, 5, 6, 7, 8, 9, 10,
11, 13, 14, 15, 17a, 19, 20, 21; 9530.7005; 9530.7010; 9530.7012; 9530.7015,
subparts 1, 2a, 4, 5, 6; 9530.7020, subparts 1, 1a, 2; 9530.7021; 9530.7022, subpart
1; 9530.7025; 9530.7030, subpart 1.

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

ARTICLE 1

DEPARTMENT OF HEALTH POLICY

Section 1.

Minnesota Statutes 2022, section 144A.06, subdivision 2, is amended to read:


Subd. 2.

New license required; change of ownership.

(a) The commissioner of health
by rule shall prescribe procedures for licensure under this section.

(b) A new license is required and the prospective licensee must apply for a license prior
to operating a currently licensed nursing home. The licensee must change whenever one of
the following events occur:

(1) the form of the licensee's legal entity structure is converted or changed to a different
type of legal entity structure;

(2) the licensee dissolves, consolidates, or merges with another legal organization and
the licensee's legal organization does not survive;

(3) within the previous 24 months, 50 percent or more of the licensee's ownership interest
is transferred, whether by a single transaction or multiple transactions to:

(i) a different personnew text begin or multiple personsnew text end ; or

(ii) a person new text begin or multiple different persons new text end who had less than a five percent ownership
interest in the facility at the time of the first transaction; or

(4) any other event or combination of events that results in a substitution, elimination,
or withdrawal of the licensee's responsibility for the facility.

Sec. 2.

Minnesota Statutes 2022, section 144A.071, subdivision 2, is amended to read:


Subd. 2.

Moratorium.

new text begin (a) new text end The commissioner of health, in coordination with the
commissioner of human services, shall deny each request for new licensed or certified
nursing home or certified boarding care beds except as provided in subdivision 3 or 4a, or
section 144A.073. "Certified bed" means a nursing home bed or a boarding care bed certified
by the commissioner of health for the purposes of the medical assistance program, under
United States Code, title 42, sections 1396 et seq. Certified beds in facilities which do not
allow medical assistance intake shall be deemed to be decertified for purposes of this section
only.

new text begin (b) new text end The commissioner of human services, in coordination with the commissioner of
health, shall deny any request to issue a license under section 252.28 and chapter 245A to
a nursing home or boarding care home, if that license would result in an increase in the
medical assistance reimbursement amount.

new text begin (c) new text end In addition, the commissioner of health must not approve any construction project
whose cost exceeds $1,000,000, unless:

deleted text begin (a)deleted text end new text begin (1)new text end any construction costs exceeding $1,000,000 are not added to the facility's
appraised value and are not included in the facility's payment rate for reimbursement under
the medical assistance program; or

deleted text begin (b)deleted text end new text begin (2)new text end the project:

deleted text begin (1)deleted text end new text begin (i)new text end has been approved through the process described in section 144A.073new text begin and if
approved under section 144A.073, subdivision 3, after March 1, 2020, is subject to the fair
rental value property rate as described in section 256R.26new text end ;

deleted text begin (2)deleted text end new text begin (ii)new text end meets an exception in subdivision 3 or 4a;

deleted text begin (3)deleted text end new text begin (iii)new text end is necessary to correct violations of state or federal law issued by the
commissioner of health;

deleted text begin (4)deleted text end new text begin (iv)new text end is necessary to repair or replace a portion of the facility that was damaged by
fire, lightning, ground shifts, or other such hazards, including environmental hazards,
provided that the provisions of subdivision 4a, clause (a), are met; or

deleted text begin (5)deleted text end new text begin (v)new text end is being proposed by a licensed nursing facility that is not certified to participate
in the medical assistance program and will not result in new licensed or certified beds.

new text begin (d) new text end Prior to the final plan approval of any construction project, the commissioners of
health and human services shall be provided with an itemized cost estimate for the project
construction costs. If a construction project is anticipated to be completed in phases, the
total estimated cost of all phases of the project shall be submitted to the commissioners and
shall be considered as one construction project. Once the construction project is completed
and prior to the final clearance by the commissioners, the total project construction costs
for the construction project shall be submitted to the commissioners. If the final project
construction cost exceeds the dollar threshold in this subdivision, the commissioner of
human services shall not recognize any of the project construction costs or the related
financing costs in excess of this threshold in establishing the facility's property-related
payment rate.

new text begin (e) new text end The dollar thresholds for construction projects are as follows: for construction projects
other than those authorized in deleted text begin clauses (1) to (6)deleted text end new text begin paragraph (c), clause (2), items (i) to (v)new text end ,
the dollar threshold is $1,000,000. For projects authorized after July 1, 1993, under deleted text begin clause
(1)deleted text end new text begin paragraph (c), clause (2), item (i)new text end , the dollar threshold is the cost estimate submitted
with a proposal for an exception under section 144A.073, plus inflation as calculated
according to section 256B.431, subdivision 3f, paragraph (a). For projects authorized under
deleted text begin clauses (2) to (4)deleted text end new text begin paragraph (c), clause (2), items (ii) to (iv)new text end , the dollar threshold is the
itemized estimate project construction costs submitted to the commissioner of health at the
time of final plan approval, plus inflation as calculated according to section 256B.431,
subdivision 3f, paragraph (a).

new text begin (f) new text end The commissioner of health shall adopt rules to implement this section or to amend
the emergency rules for granting exceptions to the moratorium on nursing homes under
section 144A.073.

Sec. 3.

Minnesota Statutes 2022, section 144A.073, subdivision 3b, is amended to read:


Subd. 3b.

Amendments to approved projects.

(a) Nursing facilities that have received
approval deleted text begin on or after July 1, 1993,deleted text end for exceptions to the moratorium on nursing homes through
the process described in this section may request amendments to the designs of the projects
by writing the commissioner within 15 months of receiving approval. new text begin An approved project
may not be amended to reduce the scope of an approved project.new text end Applicants shall submit
supporting materials that demonstrate how the amended projects meet the criteria described
in paragraph (b).

(b) The commissioner shall approve requests for amendments for projects approved deleted text begin on
or after July 1, 1993,deleted text end according to the following criteria:

(1) the amended project designs must provide solutions to all of the problems addressed
by the original application that are at least as effective as the original solutions;

(2) the amended project designs may not reduce the space in each resident's living area
or in the total amount of common space devoted to resident and family uses by more than
five percent;

(3) the costs deleted text begin recognized for reimbursementdeleted text end of amended project designs shall be deleted text begin the
threshold amount of the original proposal as identified according to section 144A.071,
subdivision 2deleted text end new text begin the cost estimate associated with the project as originally approvednew text end , except
under conditions described in clause (4); and

(4) total costs deleted text begin up to ten percent greater than the cost identified in clause (3) may be
recognized for reimbursement ifdeleted text end new text begin of the amendment are no greater than ten percent of the
cost estimate associated with the project as initially approved ifnew text end the proposer can document
that one of the following circumstances is true:

(i) changes are needed due to a natural disaster;

(ii) conditions that affect the safety or durability of the project that could not have
reasonably been known prior to approval are discovered;

(iii) state or federal law require changes in project design; or

(iv) documentable circumstances occur that are beyond the control of the owner and
require changes in the design.

(c) Approval of a request for an amendment does not alter the expiration of approval of
the project according to subdivision 3.

new text begin (d) Reimbursement for amendments to approved projects is independent of the actual
construction costs and based on the allowable appraised value of the completed project.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from March 1, 2020.
 new text end

Sec. 4.

Minnesota Statutes 2022, section 144A.474, subdivision 3, is amended to read:


Subd. 3.

Survey process.

The survey process for core surveys shall include the following
as applicable to the particular licensee and setting surveyed:

(1) presurvey review of pertinent documents and notification to the ombudsman for
long-term care;

(2) an entrance conference with available staff;

(3) communication with managerial officials or the registered nurse in charge, if available,
and ongoing communication with key staff throughout the survey regarding information
needed by the surveyor, clarifications regarding home care requirements, and applicable
standards of practice;

(4) presentation of written contact information to the provider about the survey staff
conducting the survey, the supervisor, and the process for requesting a reconsideration of
the survey results;

(5) a brief tour of deleted text begin a sample ofdeleted text end the deleted text begin housing with services establishmentsdeleted text end new text begin establishmentnew text end
in which the provider is providing home care services;

(6) a sample selection of home care clients;

(7) information-gathering through client and staff observations, client and staff interviews,
and reviews of records, policies, procedures, practices, and other agency information;

(8) interviews of clients' family members, if available, with clients' consent when the
client can legally give consent;

(9) except for complaint surveys conducted by the Office of Health Facilities Complaints,
an deleted text begin on-sitedeleted text end exit conferencedeleted text begin ,deleted text end with preliminary findings deleted text begin shared anddeleted text end discussed with the providernew text begin
within one business day after completion of survey activitiesnew text end , deleted text begin documentation that an exit
conference occurred,deleted text end and new text begin with new text end written information provided on the process for requesting
a reconsideration of the survey results; and

(10) postsurvey analysis of findings and formulation of survey results, including
correction orders when applicable.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
 new text end

Sec. 5.

Minnesota Statutes 2022, section 144A.474, subdivision 9, is amended to read:


Subd. 9.

Follow-up surveys.

For providers that have Level 3 or Level 4 violations under
subdivision 11, deleted text begin or any violations determined to be widespread,deleted text end the department shall conduct
a follow-up survey within 90 calendar days of the survey. When conducting a follow-up
survey, the surveyor will focus on whether the previous violations have been corrected and
may also address any new violations that are observed while evaluating the corrections that
have been made.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
 new text end

Sec. 6.

Minnesota Statutes 2022, section 144A.474, subdivision 12, is amended to read:


Subd. 12.

Reconsideration.

(a) The commissioner shall make available to home care
providers a correction order reconsideration process. This process may be used to challenge
the correction order issued, including the level and scope described in subdivision 11, and
any fine assessed. During the correction order reconsideration request, the issuance for the
correction orders under reconsideration are not stayed, but the department shall post
information on the website with the correction order that the licensee has requested a
reconsideration and that the review is pending.

(b) A licensed home care provider may request from the commissioner, in writing, a
correction order reconsideration regarding any correction order issued to the provider. The
written request for reconsideration must be received by the commissioner within 15 deleted text begin calendardeleted text end new text begin
businessnew text end days of the correction order receipt date. The correction order reconsideration shall
not be reviewed by any surveyor, investigator, or supervisor that participated in the writing
or reviewing of the correction order being disputed. The correction order reconsiderations
may be conducted in person, by telephone, by another electronic form, or in writing, as
determined by the commissioner. The commissioner shall respond in writing to the request
from a home care provider for a correction order reconsideration within 60 days of the date
the provider requests a reconsideration. The commissioner's response shall identify the
commissioner's decision regarding each citation challenged by the home care provider.

(c) The findings of a correction order reconsideration process shall be one or more of
the following:

(1) supported in full, the correction order is supported in full, with no deletion of findings
to the citation;

(2) supported in substance, the correction order is supported, but one or more findings
are deleted or modified without any change in the citation;

(3) correction order cited an incorrect home care licensing requirement, the correction
order is amended by changing the correction order to the appropriate statutory reference;

(4) correction order was issued under an incorrect citation, the correction order is amended
to be issued under the more appropriate correction order citation;

(5) the correction order is rescinded;

(6) fine is amended, it is determined that the fine assigned to the correction order was
applied incorrectly; or

(7) the level or scope of the citation is modified based on the reconsideration.

(d) If the correction order findings are changed by the commissioner, the commissioner
shall update the correction order website.

(e) This subdivision does not apply to temporary licensees.

Sec. 7.

Minnesota Statutes 2022, section 144A.4791, subdivision 10, is amended to read:


Subd. 10.

Termination of service plan.

(a) If a home care provider terminates a service
plan with a client, and the client continues to need home care services, the home care provider
shall provide the client and the client's representative, if any, with a written notice of
termination which includes the following information:

(1) the effective date of termination;

(2) the reason for termination;

new text begin (3) a statement that the client may contact the Office of Ombudsman for Long-Term
Care to request an advocate to assist regarding the termination and contact information for
the office, including the office's central telephone number;
 new text end

deleted text begin (3)deleted text end new text begin (4)new text end a list of known licensed home care providers in the client's immediate geographic
area;

deleted text begin (4)deleted text end new text begin (5)new text end a statement that the home care provider will participate in a coordinated transfer
of care of the client to another home care provider, health care provider, or caregiver, as
required by the home care bill of rights, section 144A.44, subdivision 1, clause (17);

deleted text begin (5)deleted text end new text begin (6)new text end the name and contact information of a person employed by the home care provider
with whom the client may discuss the notice of termination; and

deleted text begin (6)deleted text end new text begin (7)new text end if applicable, a statement that the notice of termination of home care services
does not constitute notice of termination of deleted text begin the housing with services contract with a housing
with services establishmentdeleted text end new text begin any housing contractnew text end .

(b) When the home care provider voluntarily discontinues services to all clients, the
home care provider must notify the commissioner, lead agencies, and ombudsman for
long-term care about its clients and comply with the requirements in this subdivision.

Sec. 8.

Minnesota Statutes 2022, section 256B.434, subdivision 4f, is amended to read:


Subd. 4f.

Construction project rate adjustments effective October 1, 2006.

(a)
Effective October 1, 2006, facilities reimbursed under this section may receive a property
rate adjustment for construction projects exceeding the threshold in section 256B.431,
subdivision 16, and below the threshold in section 144A.071, subdivision 2, deleted text begin clause (a)deleted text end new text begin
paragraph (c), clause (1)new text end . For these projects, capital assets purchased shall be counted as
construction project costs for a rate adjustment request made by a facility if they are: (1)
purchased within 24 months of the completion of the construction project; (2) purchased
after the completion date of any prior construction project; and (3) are not purchased prior
to July 14, 2005. Except as otherwise provided in this subdivision, the definitions, rate
calculation methods, and principles in sections 144A.071 and 256B.431 and Minnesota
Rules, parts 9549.0010 to 9549.0080, shall be used to calculate rate adjustments for allowable
construction projects under this subdivision and section 144A.073. Facilities completing
construction projects between October 1, 2005, and October 1, 2006, are eligible to have a
property rate adjustment effective October 1, 2006. Facilities completing projects after
October 1, 2006, are eligible for a property rate adjustment effective on the first day of the
month following the completion date. Facilities completing projects after January 1, 2018,
are eligible for a property rate adjustment effective on the first day of the month of January
or July, whichever occurs immediately following the completion date.

(b) Notwithstanding subdivision 18, as of July 14, 2005, facilities with rates set under
section 256B.431 and Minnesota Rules, parts 9549.0010 to 9549.0080, that commenced a
construction project on or after October 1, 2004, and do not have a contract under subdivision
3 by September 30, 2006, are eligible to request a rate adjustment under section 256B.431,
subdivision 10, through September 30, 2006. If the request results in the commissioner
determining a rate adjustment is allowable, the rate adjustment is effective on the first of
the month following project completion. These facilities shall be allowed to accumulate
construction project costs for the period October 1, 2004, to September 30, 2006.

(c) Facilities shall be allowed construction project rate adjustments no sooner than 12
months after completing a previous construction project. Facilities must request the rate
adjustment according to section 256B.431, subdivision 10.

(d) Capacity days shall be computed according to Minnesota Rules, part 9549.0060,
subpart 11. For rate calculations under this section, the number of licensed beds in the
nursing facility shall be the number existing after the construction project is completed and
the number of days in the nursing facility's reporting period shall be 365.

(e) The value of assets to be recognized for a total replacement project as defined in
section 256B.431, subdivision 17d, shall be computed as described in clause (1). The value
of assets to be recognized for all other projects shall be computed as described in clause
(2).

(1) Replacement-cost-new limits under section 256B.431, subdivision 17e, and the
number of beds allowed under subdivision 3a, paragraph (c), shall be used to compute the
maximum amount of assets allowable in a facility's property rate calculation. If a facility's
current request for a rate adjustment results from the completion of a construction project
that was previously approved under section 144A.073, the assets to be used in the rate
calculation cannot exceed the lesser of the amount determined under sections 144A.071,
subdivision 2, and 144A.073, subdivision 3b, or the actual allowable costs of the construction
project. A current request that is not the result of a project under section 144A.073 cannot
exceed the limit under section 144A.071, subdivision 2, paragraph deleted text begin (a)deleted text end new text begin (c), clause (1)new text end .
Applicable credits must be deducted from the cost of the construction project.

(2)(i) Replacement-cost-new limits under section 256B.431, subdivision 17e, and the
number of beds allowed under section 256B.431, subdivision 3a, paragraph (c), shall be
used to compute the maximum amount of assets allowable in a facility's property rate
calculation.

(ii) The value of a facility's assets to be compared to the amount in item (i) begins with
the total appraised value from the last rate notice a facility received when its rates were set
under section 256B.431 and Minnesota Rules, parts 9549.0010 to 9549.0080. This value
shall be indexed by the factor in section 256B.431, subdivision 3f, paragraph (a), for each
rate year the facility received an inflation factor on its property-related rate when its rates
were set under this section. The value of assets listed as previous capital additions, capital
additions, and special projects on the facility's base year rate notice and the value of assets
related to a construction project for which the facility received a rate adjustment when its
rates were determined under this section shall be added to the indexed appraised value.

(iii) The maximum amount of assets to be recognized in computing a facility's rate
adjustment after a project is completed is the lesser of the aggregate replacement-cost-new
limit computed in (i) minus the assets recognized in (ii) or the actual allowable costs of the
construction project.

(iv) If a facility's current request for a rate adjustment results from the completion of a
construction project that was previously approved under section 144A.073, the assets to be
added to the rate calculation cannot exceed the lesser of the amount determined under
sections 144A.071, subdivision 2, and 144A.073, subdivision 3b, or the actual allowable
costs of the construction project. A current request that is not the result of a project under
section 144A.073 cannot exceed the limit stated in section 144A.071, subdivision 2,
paragraph deleted text begin (a)deleted text end new text begin (c), clause (1)new text end . Assets disposed of as a result of a construction project and
applicable credits must be deducted from the cost of the construction project.

(f) For construction projects approved under section 144A.073, allowable debt may
never exceed the lesser of the cost of the assets purchased, the threshold limit in section
144A.071, subdivision 2, or the replacement-cost-new limit less previously existing capital
debt.

(g) For construction projects that were not approved under section 144A.073, allowable
debt is limited to the lesser of the threshold in section 144A.071, subdivision 2, for such
construction projects or the applicable limit in paragraph (e), clause (1) or (2), less previously
existing capital debt. Amounts of debt taken out that exceed the costs of a construction
project shall not be allowed regardless of the use of the funds.

For all construction projects being recognized, interest expense and average debt shall
be computed based on the first 12 months following project completion. "Previously existing
capital debt" means capital debt recognized on the last rate determined under section
256B.431 and Minnesota Rules, parts 9549.0010 to 9549.0080, and the amount of debt
recognized for a construction project for which the facility received a rate adjustment when
its rates were determined under this section.

For a total replacement project as defined in section 256B.431, subdivision 17d, the
value of previously existing capital debt shall be zero.

(h) In addition to the interest expense allowed from the application of paragraph (f), the
amounts allowed under section 256B.431, subdivision 17a, paragraph (a), clauses (2) and
(3), will be added to interest expense.

(i) The equity portion of the construction project shall be computed as the allowable
assets in paragraph (e), less the average debt in paragraph (f). The equity portion must be
multiplied by 5.66 percent and the allowable interest expense in paragraph (f) must be added.
This sum must be divided by 95 percent of capacity days to compute the construction project
rate adjustment.

(j) For projects that are not a total replacement of a nursing facility, the amount in
paragraph (i) is adjusted for nonreimbursable areas and then added to the current property
payment rate of the facility.

(k) For projects that are a total replacement of a nursing facility, the amount in paragraph
(i) becomes the new property payment rate after being adjusted for nonreimbursable areas.
Any amounts existing in a facility's rate before the effective date of the construction project
for equity incentives under section 256B.431, subdivision 16; capital repairs and replacements
under section 256B.431, subdivision 15; or refinancing incentives under section 256B.431,
subdivision 19, shall be removed from the facility's rates.

(l) No additional equipment allowance is allowed under Minnesota Rules, part 9549.0060,
subpart 10, as the result of construction projects under this section. Allowable equipment
shall be included in the construction project costs.

(m) Capital assets purchased after the completion date of a construction project shall be
counted as construction project costs for any future rate adjustment request made by a facility
under section 144A.071, subdivision 2, deleted text begin clause (a)deleted text end new text begin paragraph (c), clause (1)new text end , if they are
purchased within 24 months of the completion of the future construction project.

(n) In subsequent rate years, the property payment rate for a facility that results from
the application of this subdivision shall be the amount inflated in subdivision 4.

(o) Construction projects are eligible for an equity incentive under section 256B.431,
subdivision 16. When computing the equity incentive for a construction project under this
subdivision, only the allowable costs and allowable debt related to the construction project
shall be used. The equity incentive shall not be a part of the property payment rate and not
inflated under subdivision 4. Effective October 1, 2006, all equity incentives for nursing
facilities reimbursed under this section shall be allowed for a duration determined under
section 256B.431, subdivision 16, paragraph (c).

ARTICLE 2

SUBSTANCE USE DISORDER DIRECT ACCESS POLICY

Section 1.

Minnesota Statutes 2022, section 62N.25, subdivision 5, is amended to read:


Subd. 5.

Benefits.

Community integrated service networks must offer the health
maintenance organization benefit set, as defined in chapter 62D, and other laws applicable
to entities regulated under chapter 62D. Community networks and chemical dependency
facilities under contract with a community network shall use the assessment criteria in
deleted text begin Minnesota Rules, parts 9530.6600 to 9530.6655,deleted text end new text begin section 245G.05new text end when assessing enrollees
for chemical dependency treatment.

Sec. 2.

Minnesota Statutes 2022, section 62Q.1055, is amended to read:


62Q.1055 CHEMICAL DEPENDENCY.

All health plan companies shall use the assessment criteria in deleted text begin Minnesota Rules, parts
9530.6600 to 9530.6655,deleted text end new text begin section 245G.05new text end when assessing and deleted text begin placingdeleted text end new text begin treating new text end enrollees
for chemical dependency treatment.

Sec. 3.

Minnesota Statutes 2022, section 62Q.47, is amended to read:


62Q.47 ALCOHOLISM, MENTAL HEALTH, AND CHEMICAL DEPENDENCY
SERVICES.

(a) All health plans, as defined in section 62Q.01, that provide coverage for alcoholism,
mental health, or chemical dependency services, must comply with the requirements of this
section.

(b) Cost-sharing requirements and benefit or service limitations for outpatient mental
health and outpatient chemical dependency and alcoholism services, except for persons
deleted text begin placed indeleted text end new text begin seeking new text end chemical dependency services under deleted text begin Minnesota Rules, parts 9530.6600
to 9530.6655deleted text end new text begin section 245G.05new text end , must not place a greater financial burden on the insured or
enrollee, or be more restrictive than those requirements and limitations for outpatient medical
services.

(c) Cost-sharing requirements and benefit or service limitations for inpatient hospital
mental health and inpatient hospital and residential chemical dependency and alcoholism
services, except for persons deleted text begin placed indeleted text end new text begin seekingnew text end chemical dependency services under deleted text begin Minnesota
Rules, parts 9530.6600 to 9530.6655deleted text end new text begin section 245G.05new text end , must not place a greater financial
burden on the insured or enrollee, or be more restrictive than those requirements and
limitations for inpatient hospital medical services.

(d) A health plan company must not impose an NQTL with respect to mental health and
substance use disorders in any classification of benefits unless, under the terms of the health
plan as written and in operation, any processes, strategies, evidentiary standards, or other
factors used in applying the NQTL to mental health and substance use disorders in the
classification are comparable to, and are applied no more stringently than, the processes,
strategies, evidentiary standards, or other factors used in applying the NQTL with respect
to medical and surgical benefits in the same classification.

(e) All health plans must meet the requirements of the federal Mental Health Parity Act
of 1996, Public Law 104-204; Paul Wellstone and Pete Domenici Mental Health Parity and
Addiction Equity Act of 2008; the Affordable Care Act; and any amendments to, and federal
guidance or regulations issued under, those acts.

(f) The commissioner may require information from health plan companies to confirm
that mental health parity is being implemented by the health plan company. Information
required may include comparisons between mental health and substance use disorder
treatment and other medical conditions, including a comparison of prior authorization
requirements, drug formulary design, claim denials, rehabilitation services, and other
information the commissioner deems appropriate.

(g) Regardless of the health care provider's professional license, if the service provided
is consistent with the provider's scope of practice and the health plan company's credentialing
and contracting provisions, mental health therapy visits and medication maintenance visits
shall be considered primary care visits for the purpose of applying any enrollee cost-sharing
requirements imposed under the enrollee's health plan.

(h) By June 1 of each year, beginning June 1, 2021, the commissioner of commerce, in
consultation with the commissioner of health, shall submit a report on compliance and
oversight to the chairs and ranking minority members of the legislative committees with
jurisdiction over health and commerce. The report must:

(1) describe the commissioner's process for reviewing health plan company compliance
with United States Code, title 42, section 18031(j), any federal regulations or guidance
relating to compliance and oversight, and compliance with this section and section 62Q.53;

(2) identify any enforcement actions taken by either commissioner during the preceding
12-month period regarding compliance with parity for mental health and substance use
disorders benefits under state and federal law, summarizing the results of any market conduct
examinations. The summary must include: (i) the number of formal enforcement actions
taken; (ii) the benefit classifications examined in each enforcement action; and (iii) the
subject matter of each enforcement action, including quantitative and nonquantitative
treatment limitations;

(3) detail any corrective action taken by either commissioner to ensure health plan
company compliance with this section, section 62Q.53, and United States Code, title 42,
section 18031(j); and

(4) describe the information provided by either commissioner to the public about
alcoholism, mental health, or chemical dependency parity protections under state and federal
law.

The report must be written in nontechnical, readily understandable language and must be
made available to the public by, among other means as the commissioners find appropriate,
posting the report on department websites. Individually identifiable information must be
excluded from the report, consistent with state and federal privacy protections.

Sec. 4.

Minnesota Statutes 2022, section 169A.70, subdivision 3, is amended to read:


Subd. 3.

Assessment report.

(a) The assessment report must be on a form prescribed
by the commissioner and shall contain an evaluation of the convicted defendant concerning
the defendant's prior traffic and criminal record, characteristics and history of alcohol and
chemical use problems, and amenability to rehabilitation through the alcohol safety program.
The report is classified as private data on individuals as defined in section 13.02, subdivision
12.

(b) The assessment report must include:

(1) a diagnosis of the nature of the offender's chemical and alcohol involvement;

(2) an assessment of the severity level of the involvement;

(3) a recommended level of care for the offender in accordance with the criteria contained
in deleted text begin rules adopted by the commissioner of human services under section 254A.03, subdivision
3 (substance use disorder treatment rules)deleted text end new text begin section 245G.05new text end ;

(4) an assessment of the offender's placement needs;

(5) recommendations for other appropriate remedial action or care, including aftercare
services in section 254B.01, subdivision 3, that may consist of educational programs,
one-on-one counseling, a program or type of treatment that addresses mental health concerns,
or a combination of them; and

(6) a specific explanation why no level of care or action was recommended, if applicable.

Sec. 5.

Minnesota Statutes 2022, section 169A.70, subdivision 4, is amended to read:


Subd. 4.

Assessor standards; rules; assessment time limits.

A chemical use assessment
required by this section must be conducted by an assessor appointed by the court. The
assessor must meet the training and qualification requirements of deleted text begin rules adopted by the
commissioner of human services under section 254A.03, subdivision 3 (substance use
disorder treatment rules)deleted text end new text begin section 245G.11, subdivisions 1 and 5new text end . Notwithstanding section
13.82 (law enforcement data), the assessor shall have access to any police reports, laboratory
test results, and other law enforcement data relating to the current offense or previous
offenses that are necessary to complete the evaluation. deleted text begin An assessor providing an assessment
under this section may not have any direct or shared financial interest or referral relationship
resulting in shared financial gain with a treatment provider, except as authorized under
section 254A.19, subdivision 3. If an independent assessor is not available, the court may
use the services of an assessor authorized to perform assessments for the county social
services agency under a variance granted under rules adopted by the commissioner of human
services under section 254A.03, subdivision 3.deleted text end An appointment for the defendant to undergo
the assessment must be made by the court, a court services probation officer, or the court
administrator as soon as possible but in no case more than one week after the defendant's
court appearance. The assessment must be completed no later than three weeks after the
defendant's court appearance. If the assessment is not performed within this time limit, the
county where the defendant is to be sentenced shall perform the assessment. The county of
financial responsibility must be determined under chapter 256G.

Sec. 6.

Minnesota Statutes 2022, section 245A.043, subdivision 3, is amended to read:


Subd. 3.

Change of ownership process.

(a) When a change in ownership is proposed
and the party intends to assume operation without an interruption in service longer than 60
days after acquiring the program or service, the license holder must provide the commissioner
with written notice of the proposed change on a form provided by the commissioner at least
60 days before the anticipated date of the change in ownership. For purposes of this
subdivision and subdivision 4, "party" means the party that intends to operate the service
or program.

(b) The party must submit a license application under this chapter on the form and in
the manner prescribed by the commissioner at least 30 days before the change in ownership
is complete, and must include documentation to support the upcoming change. The party
must comply with background study requirements under chapter 245C and shall pay the
application fee required under section 245A.10. A party that intends to assume operation
without an interruption in service longer than 60 days after acquiring the program or service
is exempt from the requirements of sections 245G.03, subdivision 2, paragraph (b), and
254B.03, subdivision 2, paragraphs new text begin (c) and new text end (d) deleted text begin and (e)deleted text end .

(c) The commissioner may streamline application procedures when the party is an existing
license holder under this chapter and is acquiring a program licensed under this chapter or
service in the same service class as one or more licensed programs or services the party
operates and those licenses are in substantial compliance. For purposes of this subdivision,
"substantial compliance" means within the previous 12 months the commissioner did not
(1) issue a sanction under section 245A.07 against a license held by the party, or (2) make
a license held by the party conditional according to section 245A.06.

(d) Except when a temporary change in ownership license is issued pursuant to
subdivision 4, the existing license holder is solely responsible for operating the program
according to applicable laws and rules until a license under this chapter is issued to the
party.

(e) If a licensing inspection of the program or service was conducted within the previous
12 months and the existing license holder's license record demonstrates substantial
compliance with the applicable licensing requirements, the commissioner may waive the
party's inspection required by section 245A.04, subdivision 4. The party must submit to the
commissioner (1) proof that the premises was inspected by a fire marshal or that the fire
marshal deemed that an inspection was not warranted, and (2) proof that the premises was
inspected for compliance with the building code or that no inspection was deemed warranted.

(f) If the party is seeking a license for a program or service that has an outstanding action
under section 245A.06 or 245A.07, the party must submit a letter as part of the application
process identifying how the party has or will come into full compliance with the licensing
requirements.

(g) The commissioner shall evaluate the party's application according to section 245A.04,
subdivision 6. If the commissioner determines that the party has remedied or demonstrates
the ability to remedy the outstanding actions under section 245A.06 or 245A.07 and has
determined that the program otherwise complies with all applicable laws and rules, the
commissioner shall issue a license or conditional license under this chapter. The conditional
license remains in effect until the commissioner determines that the grounds for the action
are corrected or no longer exist.

(h) The commissioner may deny an application as provided in section 245A.05. An
applicant whose application was denied by the commissioner may appeal the denial according
to section 245A.05.

(i) This subdivision does not apply to a licensed program or service located in a home
where the license holder resides.

Sec. 7.

Minnesota Statutes 2022, section 245G.05, subdivision 2, is amended to read:


Subd. 2.

Assessment summary.

(a) An alcohol and drug counselor must complete an
assessment summary within three calendar days from the day of service initiation for a
residential program and within three calendar days on which a treatment session has been
provided from the day of service initiation for a client in a nonresidential program. The
comprehensive assessment summary is complete upon a qualified staff member's dated
signature. If the comprehensive assessment is used to authorize the treatment service, the
alcohol and drug counselor must prepare an assessment summary on the same date the
comprehensive assessment is completed. If the comprehensive assessment and assessment
summary are to authorize treatment services, the assessor must determine appropriatenew text begin level
of care and new text end services for the client using the deleted text begin dimensions in Minnesota Rules, part 9530.6622,deleted text end new text begin
criteria established in section 254B.04, subdivision 4,new text end and document the recommendations.

(b) An assessment summary must include:

(1) a risk description according to section 245G.05 for each dimension listed in paragraph
(c);

(2) a narrative summary supporting the risk descriptions; and

(3) a determination of whether the client has a substance use disorder.

(c) An assessment summary must contain information relevant to treatment service
planning and recorded in the dimensions in clauses (1) to (6). The license holder must
consider:

(1) Dimension 1, acute intoxication/withdrawal potential; the client's ability to cope with
withdrawal symptoms and current state of intoxication;

(2) Dimension 2, biomedical conditions and complications; the degree to which any
physical disorder of the client would interfere with treatment for substance use, and the
client's ability to tolerate any related discomfort. The license holder must determine the
impact of continued substance use on the unborn child, if the client is pregnant;

(3) Dimension 3, emotional, behavioral, and cognitive conditions and complications;
the degree to which any condition or complication is likely to interfere with treatment for
substance use or with functioning in significant life areas and the likelihood of harm to self
or others;

(4) Dimension 4, readiness for change; the support necessary to keep the client involved
in treatment service;

(5) Dimension 5, relapse, continued use, and continued problem potential; the degree
to which the client recognizes relapse issues and has the skills to prevent relapse of either
substance use or mental health problems; and

(6) Dimension 6, recovery environment; whether the areas of the client's life are
supportive of or antagonistic to treatment participation and recovery.

Sec. 8.

Minnesota Statutes 2022, section 245G.22, subdivision 2, is amended to read:


Subd. 2.

Definitions.

(a) For purposes of this section, the terms defined in this subdivision
have the meanings given them.

(b) "Diversion" means the use of a medication for the treatment of opioid addiction being
diverted from intended use of the medication.

(c) "Guest dose" means administration of a medication used for the treatment of opioid
addiction to a person who is not a client of the program that is administering or dispensing
the medication.

(d) "Medical director" means a practitioner licensed to practice medicine in the
jurisdiction that the opioid treatment program is located who assumes responsibility for
administering all medical services performed by the program, either by performing the
services directly or by delegating specific responsibility to a practitioner of the opioid
treatment program.

(e) "Medication used for the treatment of opioid use disorder" means a medication
approved by the Food and Drug Administration for the treatment of opioid use disorder.

(f) "Minnesota health care programs" has the meaning given in section 256B.0636.

(g) "Opioid treatment program" has the meaning given in Code of Federal Regulations,
title 42, section 8.12, and includes programs licensed under this chapter.

deleted text begin (h) "Placing authority" has the meaning given in Minnesota Rules, part 9530.6605,
subpart 21a.
 deleted text end

deleted text begin (i)deleted text end new text begin (h)new text end "Practitioner" means a staff member holding a current, unrestricted license to
practice medicine issued by the Board of Medical Practice or nursing issued by the Board
of Nursing and is currently registered with the Drug Enforcement Administration to order
or dispense controlled substances in Schedules II to V under the Controlled Substances Act,
United States Code, title 21, part B, section 821. Practitioner includes an advanced practice
registered nurse and physician assistant if the staff member receives a variance by the state
opioid treatment authority under section 254A.03 and the federal Substance Abuse and
Mental Health Services Administration.

deleted text begin (j)deleted text end new text begin (i)new text end "Unsupervised use" means the use of a medication for the treatment of opioid use
disorder dispensed for use by a client outside of the program setting.

Sec. 9.

Minnesota Statutes 2022, section 254A.03, subdivision 3, is amended to read:


Subd. 3.

Rules for substance use disorder care.

(a) deleted text begin The commissioner of human
services shall establish by rule criteria to be used in determining the appropriate level of
substance use disorder care for each recipient of public assistance seeking treatment for
substance misuse or substance use disorder. Upon federal approval of a comprehensive
assessment as a Medicaid benefit, or on July 1, 2018, whichever is later, and notwithstanding
the criteria in Minnesota Rules, parts 9530.6600 to 9530.6655,deleted text end An eligible vendor of
comprehensive assessments under section 254B.05 may determine deleted text begin and approvedeleted text end the
appropriate level of substance use disorder treatment for a recipient of public assistance.
The process for determining an individual's financial eligibility for the behavioral health
fund or determining an individual's enrollment in or eligibility for a publicly subsidized
health plan is not affected by the individual's choice to access a comprehensive assessment
for placement.

(b) The commissioner shall develop and implement a utilization review process for
publicly funded treatment placements to monitor and review the clinical appropriateness
and timeliness of all publicly funded placements in treatment.

(c) If a screen result is positive for alcohol or substance misuse, a brief screening for
alcohol or substance use disorder that is provided to a recipient of public assistance within
a primary care clinic, hospital, or other medical setting or school setting establishes medical
necessity and approval for an initial set of substance use disorder services identified in
section 254B.05, subdivision 5. The initial set of services approved for a recipient whose
screen result is positive may include any combination of up to four hours of individual or
group substance use disorder treatment, two hours of substance use disorder treatment
coordination, or two hours of substance use disorder peer support services provided by a
qualified individual according to chapter 245G. A recipient must obtain an assessment
pursuant to paragraph (a) to be approved for additional treatment services. deleted text begin Minnesota Rules,
parts 9530.6600 to 9530.6655, anddeleted text end A comprehensive assessment pursuant to section 245G.05
deleted text begin are not applicabledeleted text end new text begin is not requirednew text end tonew text begin receivenew text end the initial set of services allowed under this
subdivision. A positive screen result establishes eligibility for the initial set of services
allowed under this subdivision.

deleted text begin (d) Notwithstanding Minnesota Rules, parts 9530.6600 to 9530.6655, An individual
may choose to obtain a comprehensive assessment as provided in section 245G.05.
Individuals obtaining a comprehensive assessment may access any enrolled provider that
is licensed to provide the level of service authorized pursuant to section 254A.19, subdivision
3, paragraph (d). If the individual is enrolled in a prepaid health plan, the individual must
deleted text end deleted text begin comply with any provider network requirements or limitations. This paragraph expires July
1, 2022.
 deleted text end

new text begin (d) An individual may choose to obtain a comprehensive assessment as provided in
section 245G.05. Individuals obtaining a comprehensive assessment may access any enrolled
provider that is licensed to provide the level of service authorized pursuant to section
254A.19, subdivision 3. If the individual is enrolled in a prepaid health plan, the individual
must comply with any provider network requirements or limitations.
 new text end

Sec. 10.

Minnesota Statutes 2022, section 254A.19, subdivision 1, is amended to read:


Subdivision 1.

Persons arrested outside of home county.

When a chemical use
assessment is required deleted text begin under Minnesota Rules, parts 9530.6600 to 9530.6655,deleted text end for a person
who is arrested and taken into custody by a peace officer outside of the person's county of
residence, the deleted text begin assessment must be completed by the person's county of residence no later
than three weeks after the assessment is initially requested. If the assessment is not performed
within this time limit, the county where the person is to be sentenced shall perform the
assessmentdeleted text end new text begin county where the person is detained must give access to an assessor qualified
under section 254A.19, subdivision 3new text end . The county of financial responsibility is determined
under chapter 256G.

Sec. 11.

Minnesota Statutes 2022, section 254A.19, subdivision 3, is amended to read:


Subd. 3.

deleted text begin Financial conflicts of interest. deleted text end new text begin Comprehensive assessments. new text end

deleted text begin (a) Except as
provided in paragraph (b), (c), or (d), an assessor conducting a chemical use assessment
under Minnesota Rules, parts 9530.6600 to 9530.6655, may not have any direct or shared
financial interest or referral relationship resulting in shared financial gain with a treatment
provider.
 deleted text end

deleted text begin (b) A county may contract with an assessor having a conflict described in paragraph (a)
if the county documents that:
 deleted text end

deleted text begin (1) the assessor is employed by a culturally specific service provider or a service provider
with a program designed to treat individuals of a specific age, sex, or sexual preference;
 deleted text end

deleted text begin (2) the county does not employ a sufficient number of qualified assessors and the only
qualified assessors available in the county have a direct or shared financial interest or a
referral relationship resulting in shared financial gain with a treatment provider; or
 deleted text end

deleted text begin (3) the county social service agency has an existing relationship with an assessor or
service provider and elects to enter into a contract with that assessor to provide both
assessment and treatment under circumstances specified in the county's contract, provided
the county retains responsibility for making placement decisions.
 deleted text end

deleted text begin (c) The county may contract with a hospital to conduct chemical assessments if the
requirements in subdivision 1a are met.
 deleted text end

deleted text begin An assessor under this paragraph may not place clients in treatment. The assessor shall
gather required information and provide it to the county along with any required
documentation. The county shall make all placement decisions for clients assessed by
assessors under this paragraph.
 deleted text end

deleted text begin (d)deleted text end An eligible vendor under section 254B.05 conducting a comprehensive assessment
for an individual seeking treatment shall approve the nature, intensity level, and duration
of treatment service if a need for services is indicated, but the individual assessed can access
any enrolled provider that is licensed to provide the level of service authorized, including
the provider or program that completed the assessment. If an individual is enrolled in a
prepaid health plan, the individual must comply with any provider network requirements
or limitations.

Sec. 12.

Minnesota Statutes 2022, section 254A.19, subdivision 4, is amended to read:


Subd. 4.

Civil commitments.

deleted text begin A Rule 25 assessment, under Minnesota Rules, part
9530.6615,deleted text end new text begin For the purposes of determining level of care, a comprehensive assessmentnew text end does
not need to be completed for an individual being committed as a chemically dependent
person, as defined in section 253B.02, and for the duration of a civil commitment under
section 253B.065, 253B.09, or 253B.095 in order for a county to access the behavioral
health fund under section 254B.04. The county must determine if the individual meets the
financial eligibility requirements for the behavioral health fund under section 254B.04.
deleted text begin Nothing in this subdivision prohibits placement in a treatment facility or treatment program
governed under this chapter or Minnesota Rules, parts 9530.6600 to 9530.6655.
deleted text end

Sec. 13.

Minnesota Statutes 2022, section 254A.19, is amended by adding a subdivision
to read:


new text begin Subd. 6. new text end

new text begin Assessments for detoxification programs. new text end

new text begin For detoxification programs licensed
under chapter 245A according to Minnesota Rules, parts 9530.6510 to 9530.6590, a
"chemical use assessment" is a comprehensive assessment and assessment summary
completed according to the requirements of section 245G.05 and a "chemical dependency
assessor" or "assessor" is an individual who meets the qualifications of section 245G.11,
subdivisions 1 and 5.
 new text end

Sec. 14.

Minnesota Statutes 2022, section 254A.19, is amended by adding a subdivision
to read:


new text begin Subd. 7. new text end

new text begin Assessments for children's residential facilities. new text end

new text begin For children's residential
facilities licensed under chapter 245A according to Minnesota Rules, parts 2960.0010 to
2960.0220 and 2960.0430 to 2960.0490, a "chemical use assessment" is a comprehensive
assessment and assessment summary completed according to the requirements of section
245G.05 and must be completed by an individual who meets the qualifications of section
245G.11, subdivisions 1 and 5.
 new text end

Sec. 15.

Minnesota Statutes 2022, section 254B.01, is amended by adding a subdivision
to read:


new text begin Subd. 2a. new text end

new text begin Behavioral health fund. new text end

new text begin "Behavioral health fund" means money allocated
for payment of treatment services under chapter 254B.
 new text end

Sec. 16.

Minnesota Statutes 2022, section 254B.01, is amended by adding a subdivision
to read:


new text begin Subd. 2b. new text end

new text begin Client. new text end

new text begin "Client" means an individual who has requested substance use disorder
services or for whom substance use disorder services have been requested.
 new text end

Sec. 17.

Minnesota Statutes 2022, section 254B.01, is amended by adding a subdivision
to read:


new text begin Subd. 2c. new text end

new text begin Co-payment. new text end

new text begin "Co-payment" means:
 new text end

new text begin (1) the amount an insured person is obligated to pay before the person's third-party
payment source is obligated to make a payment; or
 new text end

new text begin (2) the amount an insured person is obligated to pay in addition to the amount the person's
third-party payment source is obligated to pay.
 new text end

Sec. 18.

Minnesota Statutes 2022, section 254B.01, is amended by adding a subdivision
to read:


new text begin Subd. 4c. new text end

new text begin Department. new text end

new text begin "Department" means the Department of Human Services.
 new text end

Sec. 19.

Minnesota Statutes 2022, section 254B.01, is amended by adding a subdivision
to read:


new text begin Subd. 4d. new text end

new text begin Drug and Alcohol Abuse Normative Evaluation System or DAANES. new text end

new text begin "Drug
and Alcohol Abuse Normative Evaluation System" or "DAANES" means the reporting
system used to collect all substance use disorder treatment data across all levels of care and
providers.
 new text end

Sec. 20.

Minnesota Statutes 2022, section 254B.01, subdivision 5, is amended to read:


Subd. 5.

Local agency.

"Local agency" means the agency designated by a board of
county commissioners, a local social services agency, or a human services board deleted text begin to make
placements and submit state invoices according to Laws 1986, chapter 394, sections 8 to
20deleted text end new text begin authorized under section 254B.03, subdivision 1, to determine financial eligibility for
the behavioral health fundnew text end .

Sec. 21.

Minnesota Statutes 2022, section 254B.01, is amended by adding a subdivision
to read:


new text begin Subd. 6a. new text end

new text begin Minor child. new text end

new text begin "Minor child" means an individual under the age of 18 years.
 new text end

Sec. 22.

Minnesota Statutes 2022, section 254B.01, is amended by adding a subdivision
to read:


new text begin Subd. 6b. new text end

new text begin Policyholder. new text end

new text begin "Policyholder" means a person who has a third-party payment
policy under which a third-party payment source has an obligation to pay all or part of a
client's treatment costs.
 new text end

Sec. 23.

Minnesota Statutes 2022, section 254B.01, is amended by adding a subdivision
to read:


new text begin Subd. 9. new text end

new text begin Responsible relative. new text end

new text begin "Responsible relative" means a person who is a member
of the client's household and is the client's spouse or the parent of a minor child who is a
client.
 new text end

Sec. 24.

Minnesota Statutes 2022, section 254B.01, is amended by adding a subdivision
to read:


new text begin Subd. 10. new text end

new text begin Third-party payment source new text end

new text begin "Third-party payment source" means a person,
entity, or public or private agency other than medical assistance or general assistance medical
care that has a probable obligation to pay all or part of the costs of a client's substance use
disorder treatment.
 new text end

Sec. 25.

Minnesota Statutes 2022, section 254B.01, is amended by adding a subdivision
to read:


new text begin Subd. 11. new text end

new text begin Vendor. new text end

new text begin "Vendor" means a provider of substance use disorder treatment
services that meets the criteria established in section 254B.05, and that has applied to
participate as a provider in the medical assistance program according to Minnesota Rules,
part 9505.0195.
 new text end

Sec. 26.

Minnesota Statutes 2022, section 254B.03, subdivision 1, is amended to read:


Subdivision 1.

Local agency duties.

(a) Every local agency deleted text begin shalldeleted text end new text begin must determine financial
eligibility for substance use disorder services andnew text end provide substance use disorder services
to persons residing within its jurisdiction who meet criteria established by the commissioner
deleted text begin for placement in a substance use disorder residential or nonresidential treatment servicedeleted text end .
Substance use disorder money must be administered by the local agencies according to law
and rules adopted by the commissioner under sections 14.001 to 14.69.

(b) In order to contain costs, the commissioner of human services shall select eligible
vendors of substance use disorder services who can provide economical and appropriate
treatment. Unless the local agency is a social services department directly administered by
a county or human services board, the local agency shall not be an eligible vendor under
section 254B.05. The commissioner may approve proposals from county boards to provide
services in an economical manner or to control utilization, with safeguards to ensure that
necessary services are provided. If a county implements a demonstration or experimental
medical services funding plan, the commissioner shall transfer the money as appropriate.

deleted text begin (c) A culturally specific vendor that provides assessments under a variance under
Minnesota Rules, part 9530.6610, shall be allowed to provide assessment services to persons
not covered by the variance.
 deleted text end

deleted text begin (d) Notwithstanding Minnesota Rules, parts 9530.6600 to 9530.6655,deleted text end new text begin (c)new text end An individual
may choose to obtain a comprehensive assessment as provided in section 245G.05.
Individuals obtaining a comprehensive assessment may access any enrolled provider that
is licensed to provide the level of service authorized pursuant to section 254A.19, subdivision
3deleted text begin , paragraph (d)deleted text end . If the individual is enrolled in a prepaid health plan, the individual must
comply with any provider network requirements or limitations.

deleted text begin (e)deleted text end new text begin (d)new text end Beginning July 1, 2022, local agencies shall not make placement location
determinations.

Sec. 27.

Minnesota Statutes 2022, section 254B.03, subdivision 2, is amended to read:


Subd. 2.

Behavioral health fund payment.

(a) Payment from the behavioral health
fund is limited to payments for services identified in section 254B.05, other than
detoxification licensed under Minnesota Rules, parts 9530.6510 to 9530.6590, and
detoxification provided in another state that would be required to be licensed as a substance
use disorder program if the program were in the state. Out of state vendors must also provide
the commissioner with assurances that the program complies substantially with state licensing
requirements and possesses all licenses and certifications required by the host state to provide
substance use disorder treatment. Vendors receiving payments from the behavioral health
fund must not require co-payment from a recipient of benefits for services provided under
this subdivision. The vendor is prohibited from using the client's public benefits to offset
the cost of services paid under this section. The vendor shall not require the client to use
public benefits for room or board costs. This includes but is not limited to cash assistance
benefits under chapters 119B, 256D, and 256J, or SNAP benefits. Retention of SNAP
benefits is a right of a client receiving services through the behavioral health fund or through
state contracted managed care entities. Payment from the behavioral health fund shall be
made for necessary room and board costs provided by vendors meeting the criteria under
section 254B.05, subdivision 1a, or in a community hospital licensed by the commissioner
of health according to sections 144.50 to 144.56 to a client who is:

(1) determined to meet the criteria for placement in a residential substance use disorder
treatment program according to rules adopted under section 254A.03, subdivision 3; and

(2) concurrently receiving a substance use disorder treatment service in a program
licensed by the commissioner and reimbursed by the behavioral health fund.

deleted text begin (b) A county may, from its own resources, provide substance use disorder services for
which state payments are not made. A county may elect to use the same invoice procedures
and obtain the same state payment services as are used for substance use disorder services
for which state payments are made under this section if county payments are made to the
state in advance of state payments to vendors. When a county uses the state system for
payment, the commissioner shall make monthly billings to the county using the most recent
available information to determine the anticipated services for which payments will be made
in the coming month. Adjustment of any overestimate or underestimate based on actual
expenditures shall be made by the state agency by adjusting the estimate for any succeeding
month.
 deleted text end

deleted text begin (c)deleted text end new text begin (b)new text end The commissioner shall coordinate substance use disorder services and determine
whether there is a need for any proposed expansion of substance use disorder treatment
services. The commissioner shall deny vendor certification to any provider that has not
received prior approval from the commissioner for the creation of new programs or the
expansion of existing program capacity. The commissioner shall consider the provider's
capacity to obtain clients from outside the state based on plans, agreements, and previous
utilization history, when determining the need for new treatment services.

deleted text begin (d)deleted text end new text begin (c)new text end At least 60 days prior to submitting an application for new licensure under chapter
245G, the applicant must notify the county human services director in writing of the
applicant's intent to open a new treatment program. The written notification must include,
at a minimum:

(1) a description of the proposed treatment program; and

(2) a description of the target population to be served by the treatment program.

deleted text begin (e)deleted text end new text begin (d)new text end The county human services director may submit a written statement to the
commissioner, within 60 days of receiving notice from the applicant, regarding the county's
support of or opposition to the opening of the new treatment program. The written statement
must include documentation of the rationale for the county's determination. The commissioner
shall consider the county's written statement when determining whether there is a need for
the treatment program as required by paragraph (c).

Sec. 28.

Minnesota Statutes 2022, section 254B.03, subdivision 5, is amended to read:


Subd. 5.

Rules; appeal.

The commissioner shall adopt rules as necessary to implement
this chapter. deleted text begin The commissioner shall establish an appeals process for use by recipients when
services certified by the county are disputed. The commissioner shall adopt rules and
standards for the appeal process to assure adequate redress for persons referred to
inappropriate services.
deleted text end

Sec. 29.

Minnesota Statutes 2022, section 254B.04, subdivision 1, is amended to read:


Subdivision 1.

deleted text begin Eligibility. deleted text end new text begin Scope and applicability. new text end

deleted text begin (a) Persons eligible for benefits
under Code of Federal Regulations, title 25, part 20, who meet the income standards of
section 256B.056, subdivision 4, and are not enrolled in medical assistance, are entitled to
behavioral health fund services. State money appropriated for this paragraph must be placed
in a separate account established for this purpose.
 deleted text end

deleted text begin (b) Persons with dependent children who are determined to be in need of chemical
dependency treatment pursuant to an assessment under section 260E.20, subdivision 1, or
a case plan under section 260C.201, subdivision 6, or 260C.212, shall be assisted by the
local agency to access needed treatment services. Treatment services must be appropriate
for the individual or family, which may include long-term care treatment or treatment in a
facility that allows the dependent children to stay in the treatment facility. The county shall
pay for out-of-home placement costs, if applicable.
 deleted text end

deleted text begin (c) Notwithstanding paragraph (a), persons enrolled in medical assistance are eligible
for room and board services under section 254B.05, subdivision 5, paragraph (b), clause
(12).
 deleted text end

new text begin This section governs the administration of the behavioral health fund, establishes the
criteria to be applied by local agencies to determine a client's financial eligibility under the
behavioral health fund, and determines a client's obligation to pay for substance use disorder
treatment services.
 new text end

Sec. 30.

Minnesota Statutes 2022, section 254B.04, is amended by adding a subdivision
to read:


new text begin Subd. 1a. new text end

new text begin Client eligibility. new text end

new text begin (a) Persons eligible for benefits under Code of Federal
Regulations, title 25, part 20, who meet the income standards of section 256B.056,
subdivision 4, and are not enrolled in medical assistance, are entitled to behavioral health
fund services. State money appropriated for this paragraph must be placed in a separate
account established for this purpose.
 new text end

new text begin (b) Persons with dependent children who are determined to be in need of chemical
dependency treatment pursuant to an assessment under section 260E.20, subdivision 1, or
a case plan under section 260C.201, subdivision 6, or 260C.212, shall be assisted by the
local agency to access needed treatment services. Treatment services must be appropriate
for the individual or family, which may include long-term care treatment or treatment in a
facility that allows the dependent children to stay in the treatment facility. The county shall
pay for out-of-home placement costs, if applicable.
 new text end

new text begin (c) Notwithstanding paragraph (a), persons enrolled in medical assistance are eligible
for room and board services under section 254B.05, subdivision 5, paragraph (b), clause
(12).
 new text end

new text begin (d) A client is eligible to have substance use disorder treatment paid for with funds from
the behavioral health fund when the client:
 new text end

new text begin (1) is eligible for MFIP as determined under chapter 256J;
 new text end

new text begin (2) is eligible for medical assistance as determined under Minnesota Rules, parts
9505.0010 to 9505.0150;
 new text end

new text begin (3) is eligible for general assistance, general assistance medical care, or work readiness
as determined under Minnesota Rules, parts 9500.1200 to 9500.1318; or
 new text end

new text begin (4) has income that is within current household size and income guidelines for entitled
persons, as defined in this subdivision and subdivision 7.
 new text end

new text begin (e) Clients who meet the financial eligibility requirement in paragraph (a) and who have
a third-party payment source are eligible for the behavioral health fund if the third-party
payment source pays less than 100 percent of the cost of treatment services for eligible
clients.
 new text end

new text begin (f) A client is ineligible to have substance use disorder treatment services paid for with
behavioral health fund money if the client:
 new text end

new text begin (1) has an income that exceeds current household size and income guidelines for entitled
persons as defined in this subdivision and subdivision 7; or
 new text end

new text begin (2) has an available third-party payment source that will pay the total cost of the client's
treatment.
 new text end

new text begin (g) A client who is disenrolled from a state prepaid health plan during a treatment episode
is eligible for continued treatment service that is paid for by the behavioral health fund until
the treatment episode is completed or the client is re-enrolled in a state prepaid health plan
if the client:
 new text end

new text begin (1) continues to be enrolled in MinnesotaCare, medical assistance, or general assistance
medical care; or
 new text end

new text begin (2) is eligible according to paragraphs (a) and (b) and is determined eligible by a local
agency under section 254B.04.
 new text end

new text begin (h) When a county commits a client under chapter 253B to a regional treatment center
for substance use disorder services and the client is ineligible for the behavioral health fund,
the county is responsible for the payment to the regional treatment center according to
section 254B.05, subdivision 4.
 new text end

Sec. 31.

Minnesota Statutes 2022, section 254B.04, subdivision 2a, is amended to read:


Subd. 2a.

Eligibility for deleted text begin treatment in residential settingsdeleted text end new text begin room and board services
for persons in outpatient substance use disorder treatmentnew text end .

deleted text begin Notwithstanding provisions
of Minnesota Rules, part 9530.6622, subparts 5 and 6, related to an assessor's discretion in
making placements to residential treatment settings,deleted text end A person eligible fornew text begin room and boardnew text end
services under deleted text begin thisdeleted text end sectionnew text begin 254B.05, subdivision 5, paragraph (b), clause (12),new text end must score
at level 4 on assessment dimensions related tonew text begin readiness to change,new text end relapse, continued use,
or recovery environment in order to be assigned to services with a room and board component
reimbursed under this section. Whether a treatment facility has been designated an institution
for mental diseases under United States Code, title 42, section 1396d, shall not be a factor
in making placements.

Sec. 32.

Minnesota Statutes 2022, section 254B.04, is amended by adding a subdivision
to read:


new text begin Subd. 4. new text end

new text begin Assessment criteria and risk descriptions. new text end

new text begin (a) The level of care determination
must follow criteria approved by the commissioner.
 new text end

new text begin (b) Dimension 1: Acute intoxication/withdrawal potential. A vendor must use the criteria
in Dimension 1 to determine a client's acute intoxication and withdrawal potential, the
client's ability to cope with withdrawal symptoms, and the client's current state of
intoxication.
 new text end

new text begin "0" The client displays full functioning with good ability to tolerate and cope with
withdrawal discomfort, and the client shows no signs or symptoms of intoxication or
withdrawal or diminishing signs or symptoms.
 new text end

new text begin "1" The client can tolerate and cope with withdrawal discomfort. The client displays
mild to moderate intoxication or signs and symptoms interfering with daily functioning but
does not immediately endanger self or others. The client poses a minimal risk of severe
withdrawal.
 new text end

new text begin "2" The client has some difficulty tolerating and coping with withdrawal discomfort.
The client's intoxication may be severe but responds to support and treatment such that the
client does not immediately endanger self or others. The client displays moderate signs and
symptoms of withdrawal with moderate risk of severe withdrawal.
 new text end

new text begin "3" The client tolerates and copes with withdrawal discomfort poorly. The client has
severe intoxication, such that the client endangers self or others, or intoxication has not
abated with less intensive services. The client displays severe signs and symptoms of
withdrawal, has a risk of severe but manageable withdrawal, or has worsening withdrawal
despite detoxification at less intensive level.
 new text end

new text begin "4" The client is incapacitated with severe signs and symptoms. The client displays
severe withdrawal and is a danger to self or others.
 new text end

new text begin (c) Dimension 2: biomedical conditions and complications. The vendor must use the
criteria in Dimension 2 to determine a client's biomedical conditions and complications, the
degree to which any physical disorder of the client would interfere with treatment for
substance use, and the client's ability to tolerate any related discomfort. If the client is
pregnant, the provider must determine the impact of continued substance use on the unborn
child.
 new text end

new text begin "0" The client displays full functioning with good ability to cope with physical discomfort.
 new text end

new text begin "1" The client tolerates and copes with physical discomfort and is able to get the services
that the client needs.
 new text end

new text begin "2" The client has difficulty tolerating and coping with physical problems or has other
biomedical problems that interfere with recovery and treatment. The client neglects or does
not seek care for serious biomedical problems.
 new text end

new text begin "3" The client tolerates and copes poorly with physical problems or has poor general
health. The client neglects the client's medical problems without active assistance.
 new text end

new text begin "4" The client is unable to participate in substance use disorder treatment and has severe
medical problems, a condition that requires immediate intervention, or is incapacitated.
 new text end

new text begin (d) Dimension 3: Emotional, behavioral, and cognitive conditions and complications.
The vendor must use the criteria in Dimension 3 to determine a client's: emotional, behavioral,
and cognitive conditions and complications; the degree to which any condition or
complication is likely to interfere with treatment for substance use or with functioning in
significant life areas; and the likelihood of harm to self or others.
 new text end

new text begin "0" The client has good impulse control and coping skills and presents no risk of harm
to self or others. The client functions in all life areas and displays no emotional, behavioral,
or cognitive problems or the problems are stable.
 new text end

new text begin "1" The client has impulse control and coping skills. The client presents a mild to
moderate risk of harm to self or others or displays symptoms of emotional, behavioral, or
cognitive problems. The client has a mental health diagnosis and is stable. The client
functions adequately in significant life areas.
 new text end

new text begin "2" The client has difficulty with impulse control and lacks coping skills. The client has
thoughts of suicide or harm to others without means; however, the thoughts may interfere
with participation in some activities. The client has difficulty functioning in significant life
areas. The client has moderate symptoms of emotional, behavioral, or cognitive problems.
The client is able to participate in most treatment activities.
 new text end

new text begin "3" The client has a severe lack of impulse control and coping skills. The client also has
frequent thoughts of suicide or harm to others including a plan and the means to carry out
the plan. In addition, the client is severely impaired in significant life areas and has severe
symptoms of emotional, behavioral, or cognitive problems that interfere with the client's
participation in treatment activities.
 new text end

new text begin "4" The client has severe emotional or behavioral symptoms that place the client or
others at acute risk of harm. The client also has intrusive thoughts of harming self or others.
The client is unable to participate in treatment activities.
 new text end

new text begin (e) Dimension 4: Readiness for change. The vendor must use the criteria in Dimension
4 to determine a client's readiness for change and the support necessary to keep the client
involved in treatment services.
 new text end

new text begin "0" The client is cooperative, motivated, ready to change, admits problems, committed
to change, and engaged in treatment as a responsible participant.
 new text end

new text begin "1" The client is motivated with active reinforcement to explore treatment and strategies
for change but ambivalent about illness or need for change.
 new text end

new text begin "2" The client displays verbal compliance, but lacks consistent behaviors; has low
motivation for change; and is passively involved in treatment.
 new text end

new text begin "3" The client displays inconsistent compliance, minimal awareness of either the client's
addiction or mental disorder, and is minimally cooperative.
 new text end

new text begin "4" The client is:
 new text end

new text begin (i) noncompliant with treatment and has no awareness of addiction or mental disorder
and does not want or is unwilling to explore change or is in total denial of the client's illness
and its implications; or
 new text end

new text begin (ii) the client is dangerously oppositional to the extent that the client is a threat of
imminent harm to self and others.
 new text end

new text begin (f) Dimension 5: Relapse, continued use, and continued problem potential. The vendor
must use the criteria in Dimension 5 to determine a client's relapse, continued use, and
continued problem potential and the degree to which the client recognizes relapse issues
and has the skills to prevent relapse of either substance use or mental health problems.
 new text end

new text begin "0" The client recognizes risk well and is able to manage potential problems.
 new text end

new text begin "1" The client recognizes relapse issues and prevention strategies but displays some
vulnerability for further substance use or mental health problems.
 new text end

new text begin "2" The client has:
 new text end

new text begin (i) minimal recognition and understanding of relapse and recidivism issues and displays
moderate vulnerability for further substance use or mental health problems; or
 new text end

new text begin (ii) some coping skills inconsistently applied.
 new text end

new text begin "3" The client has poor recognition and understanding of relapse and recidivism issues
and displays moderately high vulnerability for further substance use or mental health
problems. The client has few coping skills and rarely applies coping skills.
 new text end

new text begin "4" The client has no coping skills to arrest mental health or addiction illnesses or prevent
relapse. The client has no recognition or understanding of relapse and recidivism issues and
displays high vulnerability for further substance use disorder or mental health problems.
 new text end

new text begin (g) Dimension 6: Recovery environment. The vendor must use the criteria in Dimension
6 to determine a client's recovery environment, whether the areas of the client's life are
supportive of or antagonistic to treatment participation and recovery.
 new text end

new text begin "0" The client is engaged in structured meaningful activity and has a supportive significant
other, family, and living environment.
 new text end

new text begin "1" The client has passive social network support, or family and significant other are
not interested in the client's recovery. The client is engaged in structured meaningful activity.
 new text end

new text begin "2" The client is engaged in structured, meaningful activity, but peers, family, significant
other, and living environment are unsupportive, or there is criminal justice involvement by
the client or among the client's peers, significant other, or in the client's living environment.
 new text end

new text begin "3" The client is not engaged in structured meaningful activity and the client's peers,
family, significant other, and living environment are unsupportive, or there is significant
criminal justice system involvement.
 new text end

new text begin "4" The client has:
 new text end

new text begin (i) a chronically antagonistic significant other, living environment, family, peer group,
or long-term criminal justice involvement that is harmful to recovery or treatment progress;
or
 new text end

new text begin (ii) the client has an actively antagonistic significant other, family, work, or living
environment that poses an immediate threat to the client's safety and well-being.
 new text end

Sec. 33.

Minnesota Statutes 2022, section 254B.04, is amended by adding a subdivision
to read:


new text begin Subd. 5. new text end

new text begin Local agency responsibility to provide services. new text end

new text begin The local agency may employ
individuals to conduct administrative activities and facilitate access to substance use disorder
treatment services.
 new text end

Sec. 34.

Minnesota Statutes 2022, section 254B.04, is amended by adding a subdivision
to read:


new text begin Subd. 6. new text end

new text begin Local agency to determine client financial eligibility. new text end

new text begin (a) The local agency
shall determine a client's financial eligibility for the behavioral health fund according to
section 254B.04, subdivision 1a, with the income calculated prospectively for one year from
the date of comprehensive assessment. The local agency shall pay for eligible clients
according to chapter 256G. The local agency shall enter the financial eligibility span within
ten calendar days of request. Client eligibility must be determined using forms prescribed
by the department. To determine a client's eligibility, the local agency must determine the
client's income, the size of the client's household, the availability of a third-party payment
source, and a responsible relative's ability to pay for the client's substance use disorder
treatment.
 new text end

new text begin (b) A client who is a minor child must not be deemed to have income available to pay
for substance use disorder treatment, unless the minor child is responsible for payment under
section 144.347 for substance use disorder treatment services sought under section 144.343,
subdivision 1.
 new text end

new text begin (c) The local agency must determine the client's household size as follows:
 new text end

new text begin (1) if the client is a minor child, the household size includes the following persons living
in the same dwelling unit:
 new text end

new text begin (i) the client;
 new text end

new text begin (ii) the client's birth or adoptive parents; and
 new text end

new text begin (iii) the client's siblings who are minors; and
 new text end

new text begin (2) if the client is an adult, the household size includes the following persons living in
the same dwelling unit:
 new text end

new text begin (i) the client;
 new text end

new text begin (ii) the client's spouse;
 new text end

new text begin (iii) the client's minor children; and
 new text end

new text begin (iv) the client's spouse's minor children.
 new text end

new text begin For purposes of this paragraph, household size includes a person listed in clauses (1) and
(2) who is in an out-of-home placement if a person listed in clause (1) or (2) is contributing
to the cost of care of the person in out-of-home placement.
 new text end

new text begin (d) The local agency must determine the client's current prepaid health plan enrollment,
the availability of a third-party payment source, including the availability of total payment,
partial payment, and amount of co-payment.
 new text end

new text begin (e) The local agency must provide the required eligibility information to the department
in the manner specified by the department.
 new text end

new text begin (f) The local agency shall require the client and policyholder to conditionally assign to
the department the client and policyholder's rights and the rights of minor children to benefits
or services provided to the client if the department is required to collect from a third-party
pay source.
 new text end

new text begin (g) The local agency must redetermine a client's eligibility for the behavioral health fund
every 12 months.
 new text end

new text begin (h) A client, responsible relative, and policyholder must provide income or wage
verification, household size verification, and must make an assignment of third-party payment
rights under paragraph (f). If a client, responsible relative, or policyholder does not comply
with the provisions of this subdivision, the client is ineligible for behavioral health fund
payment for substance use disorder treatment, and the client and responsible relative must
be obligated to pay for the full cost of substance use disorder treatment services provided
to the client.
 new text end

Sec. 35.

Minnesota Statutes 2022, section 254B.04, is amended by adding a subdivision
to read:


new text begin Subd. 7. new text end

new text begin Client fees. new text end

new text begin A client whose household income is within current household size
and income guidelines for entitled persons as defined in section 254B.04, subdivision 1a,
must pay no fee for care related to substance use disorder, including drug screens.
 new text end

Sec. 36.

Minnesota Statutes 2022, section 254B.04, is amended by adding a subdivision
to read:


new text begin Subd. 8. new text end

new text begin Vendor must participate in DAANES system. new text end

new text begin To be eligible for payment
under the behavioral health fund, a vendor must participate in the Drug and Alcohol Abuse
Normative Evaluation System (DAANES) or submit to the commissioner the information
required in the DAANES in the format specified by the commissioner.
 new text end

Sec. 37.

Minnesota Statutes 2022, section 256D.09, subdivision 2a, is amended to read:


Subd. 2a.

Vendor payments for drug dependent persons.

If, at the time of application
or at any other time, there is a reasonable basis for questioning whether a person applying
for or receiving financial assistance is drug dependent, as defined in section 254A.02,
subdivision 5, the person shall be referred for a chemical health assessment, and only
emergency assistance payments or general assistance vendor payments may be provided
until the assessment is complete and the results of the assessment made available to the
county agency. A reasonable basis for referring an individual for an assessment exists when:

(1) the person has required detoxification two or more times in the past 12 months;

(2) the person appears intoxicated at the county agency as indicated by two or more of
the following:

(i) the odor of alcohol;

(ii) slurred speech;

(iii) disconjugate gaze;

(iv) impaired balance;

(v) difficulty remaining awake;

(vi) consumption of alcohol;

(vii) responding to sights or sounds that are not actually present;

(viii) extreme restlessness, fast speech, or unusual belligerence;

(3) the person has been involuntarily committed for drug dependency at least once in
the past 12 months; or

(4) the person has received treatment, including domiciliary care, for drug abuse or
dependency at least twice in the past 12 months.

The assessment and determination of drug dependency, if any, must be made by an
assessor qualified under deleted text begin Minnesota Rules, part 9530.6615, subpart 2deleted text end new text begin section 245G.11,
subdivisions 1 and 5new text end , to perform an assessment of chemical use. The county shall only
provide emergency general assistance or vendor payments to an otherwise eligible applicant
or recipient who is determined to be drug dependent, except up to 15 percent of the grant
amount the person would otherwise receive may be paid in cash. Notwithstanding subdivision
1, the commissioner of human services shall also require county agencies to provide
assistance only in the form of vendor payments to all eligible recipients who assert substance
use disorder as a basis for eligibility under section 256D.05, subdivision 1, paragraph (a),
clauses (1) and (5).

The determination of drug dependency shall be reviewed at least every 12 months. If
the county determines a recipient is no longer drug dependent, the county may cease vendor
payments and provide the recipient payments in cash.

Sec. 38.

Minnesota Statutes 2022, section 256L.03, subdivision 2, is amended to read:


Subd. 2.

Substance use disorder.

Beginning July 1, 1993, covered health services shall
include individual outpatient treatment of substance use disorder by a qualified health
professional or outpatient program.

Persons who may need substance use disorder services under the provisions of this
chapter deleted text begin shall be assessed by a local agency as defined under section 254B.01deleted text end new text begin must be
assessed by a qualified professional as defined in section 245G.11, subdivisions 1 and 5new text end ,
and under the assessment provisions of section 254A.03, subdivision 3. A local agency or
managed care plan under contract with the Department of Human Services must deleted text begin placedeleted text end new text begin offer
services tonew text end a person in need of substance use disorder services deleted text begin as provided in Minnesota
Rules, parts 9530.6600 to 9530.6655deleted text end new text begin based on the recommendations of section 245G.05new text end .
Persons who are recipients of medical benefits under the provisions of this chapter and who
are financially eligible for behavioral health fund services provided under the provisions of
chapter 254B shall receive substance use disorder treatment services under the provisions
of chapter 254B only if:

(1) they have exhausted the substance use disorder benefits offered under this chapter;
or

(2) an assessment indicates that they need a level of care not provided under the provisions
of this chapter.

Recipients of covered health services under the children's health plan, as provided in
Minnesota Statutes 1990, section 256.936, and as amended by Laws 1991, chapter 292,
article 4, section 17, and recipients of covered health services enrolled in the children's
health plan or the MinnesotaCare program after October 1, 1992, pursuant to Laws 1992,
chapter 549, article 4, sections 5 and 17, are eligible to receive substance use disorder
benefits under this subdivision.

Sec. 39.

Minnesota Statutes 2022, section 256L.12, subdivision 8, is amended to read:


Subd. 8.

Substance use disorder assessments.

The managed care plan shall be
responsible for assessing the need and deleted text begin placement fordeleted text end new text begin provision ofnew text end substance use disorder
services according to criteria set forth in deleted text begin Minnesota Rules, parts 9530.6600 to 9530.6655deleted text end new text begin
section 245G.05new text end .

Sec. 40.

Minnesota Statutes 2022, section 260B.157, subdivision 1, is amended to read:


Subdivision 1.

Investigation.

Upon request of the court the local social services agency
or probation officer shall investigate the personal and family history and environment of
any minor coming within the jurisdiction of the court under section 260B.101 and shall
report its findings to the court. The court may order any minor coming within its jurisdiction
to be examined by a duly qualified physician, psychiatrist, or psychologist appointed by the
court.

The court shall order a chemical use assessment conducted when a child is (1) found to
be delinquent for violating a provision of chapter 152, or for committing a felony-level
violation of a provision of chapter 609 if the probation officer determines that alcohol or
drug use was a contributing factor in the commission of the offense, or (2) alleged to be
delinquent for violating a provision of chapter 152, if the child is being held in custody
under a detention order. The assessor's qualificationsnew text begin must comply with section 245G.11,
subdivisions 1 and 5,new text end and the assessment criteria deleted text begin shalldeleted text end new text begin mustnew text end comply with deleted text begin Minnesota Rules,
parts 9530.6600 to 9530.6655deleted text end new text begin section 245G.05new text end . If funds under chapter 254B are to be used
to pay for the recommended treatment, the assessment deleted text begin and placementdeleted text end must comply with all
provisions of deleted text begin Minnesota Rules, parts 9530.6600 to 9530.6655 and 9530.7000 to 9530.7030deleted text end new text begin
sections 245G.05 and 254B.04new text end . The commissioner of human services shall reimburse the
court for the cost of the chemical use assessment, up to a maximum of $100.

The court shall order a children's mental health screening conducted when a child is
found to be delinquent. The screening shall be conducted with a screening instrument
approved by the commissioner of human services and shall be conducted by a mental health
practitioner as defined in section 245.4871, subdivision 26, or a probation officer who is
trained in the use of the screening instrument. If the screening indicates a need for assessment,
the local social services agency, in consultation with the child's family, shall have a diagnostic
assessment conducted, including a functional assessment, as defined in section 245.4871.

With the consent of the commissioner of corrections and agreement of the county to pay
the costs thereof, the court may, by order, place a minor coming within its jurisdiction in
an institution maintained by the commissioner for the detention, diagnosis, custody and
treatment of persons adjudicated to be delinquent, in order that the condition of the minor
be given due consideration in the disposition of the case. Any funds received under the
provisions of this subdivision shall not cancel until the end of the fiscal year immediately
following the fiscal year in which the funds were received. The funds are available for use
by the commissioner of corrections during that period and are hereby appropriated annually
to the commissioner of corrections as reimbursement of the costs of providing these services
to the juvenile courts.

Sec. 41.

Minnesota Statutes 2022, section 260B.157, subdivision 3, is amended to read:


Subd. 3.

Juvenile treatment screening team.

(a) The local social services agency shall
establish a juvenile treatment screening team to conduct screenings and prepare case plans
under this subdivision. The team, which may be the team constituted under section 245.4885
or 256B.092 or deleted text begin Minnesota Rules, parts 9530.6600 to 9530.6655deleted text end new text begin chapter 254Bnew text end , shall consist
of social workers, juvenile justice professionals, and persons with expertise in the treatment
of juveniles who are emotionally disabled, chemically dependent, or have a developmental
disability. The team shall involve parents or guardians in the screening process as appropriate.
The team may be the same team as defined in section 260C.157, subdivision 3.

(b) If the court, prior to, or as part of, a final disposition, proposes to place a child:

(1) for the primary purpose of treatment for an emotional disturbance, and residential
placement is consistent with section 260.012, a developmental disability, or chemical
dependency in a residential treatment facility out of state or in one which is within the state
and licensed by the commissioner of human services under chapter 245A; or

(2) in any out-of-home setting potentially exceeding 30 days in duration, including a
post-dispositional placement in a facility licensed by the commissioner of corrections or
human services, the court shall notify the county welfare agency. The county's juvenile
treatment screening team must either:

(i) screen and evaluate the child and file its recommendations with the court within 14
days of receipt of the notice; or

(ii) elect not to screen a given case, and notify the court of that decision within three
working days.

(c) If the screening team has elected to screen and evaluate the child, the child may not
be placed for the primary purpose of treatment for an emotional disturbance, a developmental
disability, or chemical dependency, in a residential treatment facility out of state nor in a
residential treatment facility within the state that is licensed under chapter 245A, unless one
of the following conditions applies:

(1) a treatment professional certifies that an emergency requires the placement of the
child in a facility within the state;

(2) the screening team has evaluated the child and recommended that a residential
placement is necessary to meet the child's treatment needs and the safety needs of the
community, that it is a cost-effective means of meeting the treatment needs, and that it will
be of therapeutic value to the child; or

(3) the court, having reviewed a screening team recommendation against placement,
determines to the contrary that a residential placement is necessary. The court shall state
the reasons for its determination in writing, on the record, and shall respond specifically to
the findings and recommendation of the screening team in explaining why the
recommendation was rejected. The attorney representing the child and the prosecuting
attorney shall be afforded an opportunity to be heard on the matter.

Sec. 42.

Minnesota Statutes 2022, section 260C.157, subdivision 3, is amended to read:


Subd. 3.

Juvenile treatment screening team.

(a) The responsible social services agency
shall establish a juvenile treatment screening team to conduct screenings under this chapter
and chapter 260D, for a child to receive treatment for an emotional disturbance, a
developmental disability, or related condition in a residential treatment facility licensed by
the commissioner of human services under chapter 245A, or licensed or approved by a tribe.
A screening team is not required for a child to be in: (1) a residential facility specializing
in prenatal, postpartum, or parenting support; (2) a facility specializing in high-quality
residential care and supportive services to children and youth who have been or are at risk
of becoming victims of sex trafficking or commercial sexual exploitation; (3) supervised
settings for youth who are 18 years of age or older and living independently; or (4) a licensed
residential family-based treatment facility for substance abuse consistent with section
260C.190. Screenings are also not required when a child must be placed in a facility due to
an emotional crisis or other mental health emergency.

(b) The responsible social services agency shall conduct screenings within 15 days of a
request for a screening, unless the screening is for the purpose of residential treatment and
the child is enrolled in a prepaid health program under section 256B.69, in which case the
agency shall conduct the screening within ten working days of a request. The responsible
social services agency shall convene the juvenile treatment screening team, which may be
constituted under section 245.4885new text begin , 254B.05,new text end or 256B.092 deleted text begin or Minnesota Rules, parts
9530.6600 to 9530.6655deleted text end . The team shall consist of social workers; persons with expertise
in the treatment of juveniles who are emotionally disturbed, chemically dependent, or have
a developmental disability; and the child's parent, guardian, or permanent legal custodian.
The team may include the child's relatives as defined in section 260C.007, subdivisions 26b
and 27, the child's foster care provider, and professionals who are a resource to the child's
family such as teachers, medical or mental health providers, and clergy, as appropriate,
consistent with the family and permanency team as defined in section 260C.007, subdivision
16a. Prior to forming the team, the responsible social services agency must consult with the
child's parents, the child if the child is age 14 or older, and, if applicable, the child's tribe
to obtain recommendations regarding which individuals to include on the team and to ensure
that the team is family-centered and will act in the child's best interests. If the child, child's
parents, or legal guardians raise concerns about specific relatives or professionals, the team
should not include those individuals. This provision does not apply to paragraph (c).

(c) If the agency provides notice to tribes under section 260.761, and the child screened
is an Indian child, the responsible social services agency must make a rigorous and concerted
effort to include a designated representative of the Indian child's tribe on the juvenile
treatment screening team, unless the child's tribal authority declines to appoint a
representative. The Indian child's tribe may delegate its authority to represent the child to
any other federally recognized Indian tribe, as defined in section 260.755, subdivision 12.
The provisions of the Indian Child Welfare Act of 1978, United States Code, title 25, sections
1901 to 1963, and the Minnesota Indian Family Preservation Act, sections 260.751 to
260.835, apply to this section.

(d) If the court, prior to, or as part of, a final disposition or other court order, proposes
to place a child with an emotional disturbance or developmental disability or related condition
in residential treatment, the responsible social services agency must conduct a screening.
If the team recommends treating the child in a qualified residential treatment program, the
agency must follow the requirements of sections 260C.70 to 260C.714.

The court shall ascertain whether the child is an Indian child and shall notify the
responsible social services agency and, if the child is an Indian child, shall notify the Indian
child's tribe as paragraph (c) requires.

(e) When the responsible social services agency is responsible for placing and caring
for the child and the screening team recommends placing a child in a qualified residential
treatment program as defined in section 260C.007, subdivision 26d, the agency must: (1)
begin the assessment and processes required in section 260C.704 without delay; and (2)
conduct a relative search according to section 260C.221 to assemble the child's family and
permanency team under section 260C.706. Prior to notifying relatives regarding the family
and permanency team, the responsible social services agency must consult with the child's
parent or legal guardian, the child if the child is age 14 or older, and, if applicable, the child's
tribe to ensure that the agency is providing notice to individuals who will act in the child's
best interests. The child and the child's parents may identify a culturally competent qualified
individual to complete the child's assessment. The agency shall make efforts to refer the
assessment to the identified qualified individual. The assessment may not be delayed for
the purpose of having the assessment completed by a specific qualified individual.

(f) When a screening team determines that a child does not need treatment in a qualified
residential treatment program, the screening team must:

(1) document the services and supports that will prevent the child's foster care placement
and will support the child remaining at home;

(2) document the services and supports that the agency will arrange to place the child
in a family foster home; or

(3) document the services and supports that the agency has provided in any other setting.

(g) When the Indian child's tribe or tribal health care services provider or Indian Health
Services provider proposes to place a child for the primary purpose of treatment for an
emotional disturbance, a developmental disability, or co-occurring emotional disturbance
and chemical dependency, the Indian child's tribe or the tribe delegated by the child's tribe
shall submit necessary documentation to the county juvenile treatment screening team,
which must invite the Indian child's tribe to designate a representative to the screening team.

(h) The responsible social services agency must conduct and document the screening in
a format approved by the commissioner of human services.

Sec. 43.

Minnesota Statutes 2022, section 260E.20, subdivision 1, is amended to read:


Subdivision 1.

General duties.

(a) The local welfare agency shall offer services to
prevent future maltreatment, safeguarding and enhancing the welfare of the maltreated child,
and supporting and preserving family life whenever possible.

(b) If the report alleges a violation of a criminal statute involving maltreatment or child
endangerment under section 609.378, the local law enforcement agency and local welfare
agency shall coordinate the planning and execution of their respective investigation and
assessment efforts to avoid a duplication of fact-finding efforts and multiple interviews.
Each agency shall prepare a separate report of the results of the agency's investigation or
assessment.

(c) In cases of alleged child maltreatment resulting in death, the local agency may rely
on the fact-finding efforts of a law enforcement investigation to make a determination of
whether or not maltreatment occurred.

(d) When necessary, the local welfare agency shall seek authority to remove the child
from the custody of a parent, guardian, or adult with whom the child is living.

(e) In performing any of these duties, the local welfare agency shall maintain an
appropriate record.

(f) In conducting a family assessment or investigation, the local welfare agency shall
gather information on the existence of substance abuse and domestic violence.

(g) If the family assessment or investigation indicates there is a potential for abuse of
alcohol or other drugs by the parent, guardian, or person responsible for the child's care,
the local welfare agency deleted text begin shall conductdeleted text end new text begin must coordinatenew text end a deleted text begin chemical usedeleted text end new text begin comprehensivenew text end
assessment pursuant to deleted text begin Minnesota Rules, part 9530.6615deleted text end new text begin section 245G.05new text end .

(h) The agency may use either a family assessment or investigation to determine whether
the child is safe when responding to a report resulting from birth match data under section
260E.03, subdivision 23, paragraph (c). If the child subject of birth match data is determined
to be safe, the agency shall consult with the county attorney to determine the appropriateness
of filing a petition alleging the child is in need of protection or services under section
260C.007, subdivision 6, clause (16), in order to deliver needed services. If the child is
determined not to be safe, the agency and the county attorney shall take appropriate action
as required under section 260C.503, subdivision 2.

Sec. 44.

Minnesota Statutes 2022, section 299A.299, subdivision 1, is amended to read:


Subdivision 1.

Establishment of team.

A county, a multicounty organization of counties
formed by an agreement under section 471.59, or a city with a population of no more than
50,000, may establish a multidisciplinary chemical abuse prevention team. The chemical
abuse prevention team may include, but not be limited to, representatives of health, mental
health, public health, law enforcement, educational, social service, court service, community
education, religious, and other appropriate agencies, and parent and youth groups. For
purposes of this section, "chemical abuse" has the meaning given in deleted text begin Minnesota Rules, part
9530.6605, subpart 6deleted text end new text begin section 254A.02, subdivision 6anew text end . When possible the team must
coordinate its activities with existing local groups, organizations, and teams dealing with
the same issues the team is addressing.

Sec. 45. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes shall renumber the subdivisions in Minnesota Statutes, section
254B.01, in alphabetical order and correct any cross-reference changes that result.
 new text end

Sec. 46. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2022, sections 169A.70, subdivision 6; 245G.22, subdivision 19;
254A.02, subdivision 8a; 254A.16, subdivision 6; 254A.19, subdivisions 1a, 2, and 5;
254B.04, subdivisions 2b and 2c; and 254B.041, subdivision 2, new text end new text begin are repealed.
 new text end

new text begin (b) new text end new text begin Minnesota Rules, parts 9530.7000, subparts 1, 2, 5, 6, 7, 8, 9, 10, 11, 13, 14, 15, 17a,
19, 20, and 21; 9530.7005; 9530.7010; 9530.7012; 9530.7015, subparts 1, 2a, 4, 5, and 6;
9530.7020, subparts 1, 1a, and 2; 9530.7021; 9530.7022, subpart 1; 9530.7025; and
9530.7030, subpart 1, new text end new text begin are repealed.
 new text end

ARTICLE 3

AGING, DISABILITY, AND BEHAVIORAL HEALTH SERVICES POLICY

Section 1.

Minnesota Statutes 2022, section 245.462, subdivision 3, is amended to read:


Subd. 3.

Case management services.

"Case management services" means activities
that are coordinated with the community support services program as defined in subdivision
6 and are designed to help adults with serious and persistent mental illness in gaining access
to needed medical, social, educational, vocational, and other necessary services as they
relate to the client's mental health needs. Case management services include developing a
functional assessment, an individual deleted text begin assessment summarydeleted text end new text begin community support plannew text end , referring
and assisting the person to obtain needed mental health and other services, ensuring
coordination of services, and monitoring the delivery of services.

Sec. 2.

Minnesota Statutes 2022, section 245.462, subdivision 12, is amended to read:


Subd. 12.

Individual deleted text begin assessment summarydeleted text end new text begin community support plannew text end .

"Individual
deleted text begin assessment summarydeleted text end new text begin community support plannew text end " means a written plan developed by a case
manager on the basis of a diagnostic assessment and functional assessment. The plan
identifies specific services needed by an adult with serious and persistent mental illness to
develop independence or improved functioning in daily living, health and medication
management, social functioning, interpersonal relationships, financial management, housing,
transportation, and employment.

Sec. 3.

Minnesota Statutes 2022, section 245.4711, subdivision 3, is amended to read:


Subd. 3.

Duties of case manager.

Upon a determination of eligibility for case
management services, and if the adult consents to the services, the case manager shall
complete a written functional assessment according to section 245.462, subdivision 11a.
The case manager shall develop an individual deleted text begin assessment summarydeleted text end new text begin community support
plannew text end for the adult according to subdivision 4, paragraph (a), review the adult's progress, and
monitor the provision of services. If services are to be provided in a host county that is not
the county of financial responsibility, the case manager shall consult with the host county
and obtain a letter demonstrating the concurrence of the host county regarding the provision
of services.

Sec. 4.

Minnesota Statutes 2022, section 245.4711, subdivision 4, is amended to read:


Subd. 4.

Individual deleted text begin assessment summarydeleted text end new text begin community support plannew text end .

(a) The case
manager must develop an individual deleted text begin assessment summarydeleted text end new text begin community support plannew text end for each
adult that incorporates the client's individual treatment plan. The individual treatment plan
may not be a substitute for the development of an individual deleted text begin assessment summarydeleted text end new text begin community
support plannew text end . The individual deleted text begin assessment summarydeleted text end new text begin community support plannew text end must be developed
within 30 days of client intake and reviewed at least every 180 days after it is developed,
unless the case manager receives a written request from the client or the client's family for
a review of the plan every 90 days after it is developed. The case manager is responsible
for developing the individual deleted text begin assessment summarydeleted text end new text begin community support plannew text end based on a
diagnostic assessment and a functional assessment and for implementing and monitoring
the delivery of services according to the individual deleted text begin assessment summarydeleted text end new text begin community support
plannew text end . To the extent possible, the adult with serious and persistent mental illness, the person's
family, advocates, service providers, and significant others must be involved in all phases
of development and implementation of the individual deleted text begin or family assessment summarydeleted text end new text begin
community support plannew text end .

(b) The client's individual deleted text begin assessment summarydeleted text end new text begin community support plannew text end must state:

(1) the goals of each service;

(2) the activities for accomplishing each goal;

(3) a schedule for each activity; and

(4) the frequency of face-to-face contacts by the case manager, as appropriate to client
need and the implementation of the individual deleted text begin assessment summarydeleted text end new text begin community support
plannew text end .

Sec. 5.

Minnesota Statutes 2022, section 245.477, is amended to read:


245.477 APPEALS.

Any adult who requests mental health services under sections 245.461 to 245.486 must
be advised of services available and the right to appeal at the time of the request and each
time the individual deleted text begin assessment summarydeleted text end new text begin community support plannew text end or individual treatment
plan is reviewed. Any adult whose request for mental health services under sections 245.461
to 245.486 is denied, not acted upon with reasonable promptness, or whose services are
suspended, reduced, or terminated by action or inaction for which the county board is
responsible under sections 245.461 to 245.486 may contest that action or inaction before
the state agency as specified in section 256.045. The commissioner shall monitor the nature
and frequency of administrative appeals under this section.

Sec. 6.

Minnesota Statutes 2022, section 245.4835, subdivision 2, is amended to read:


Subd. 2.

Failure to maintain expenditures.

(a) If a county does not comply with
subdivision 1, the commissioner shall require the county to develop a corrective action plan
according to a format and timeline established by the commissioner. If the commissioner
determines that a county has not developed an acceptable corrective action plan within the
required timeline, or that the county is not in compliance with an approved corrective action
plan, the protections provided to that county under section 245.485 do not apply.

(b) The commissioner shall consider the following factors to determine whether to
approve a county's corrective action plan:

(1) the degree to which a county is maximizing revenues for mental health services from
noncounty sources;

(2) the degree to which a county is expanding use of alternative services that meet mental
health needs, but do not count as mental health services within existing reporting systems.
If approved by the commissioner, the alternative services must be included in the county's
base as well as subsequent years. The commissioner's approval for alternative services must
be based on the following criteria:

(i) the service must be provided to children with emotional disturbance or adults with
mental illness;

(ii) the services must be based on an individual treatment plan or individual deleted text begin assessment
summarydeleted text end new text begin community support plannew text end as defined in the Comprehensive Mental Health Act;
and

(iii) the services must be supervised by a mental health professional and provided by
staff who meet the staff qualifications defined in sections 256B.0943, subdivision 7, and
256B.0623, subdivision 5.

(c) Additional county expenditures to make up for the prior year's underspending may
be spread out over a two-year period.

Sec. 7.

Minnesota Statutes 2022, section 245.4871, subdivision 3, is amended to read:


Subd. 3.

Case management services.

"Case management services" means activities
that are coordinated with the family community support services and are designed to help
the child with severe emotional disturbance and the child's family obtain needed mental
health services, social services, educational services, health services, vocational services,
recreational services, and related services in the areas of volunteer services, advocacy,
transportation, and legal services. Case management services include assisting in obtaining
a comprehensive diagnostic assessment, developing an individual family deleted text begin assessment summarydeleted text end new text begin
community support plannew text end , and assisting the child and the child's family in obtaining needed
services by coordination with other agencies and assuring continuity of care. Case managers
must assess and reassess the delivery, appropriateness, and effectiveness of services over
time.

Sec. 8.

Minnesota Statutes 2022, section 245.4871, subdivision 19, is amended to read:


Subd. 19.

Individual family deleted text begin assessment summarydeleted text end new text begin community support
plannew text end .

"Individual family deleted text begin assessment summarydeleted text end new text begin community support plannew text end " means a written
plan developed by a case manager in conjunction with the family and the child with severe
emotional disturbance on the basis of a diagnostic assessment and a functional assessment.
The plan identifies specific services needed by a child and the child's family to:

(1) treat the symptoms and dysfunctions determined in the diagnostic assessment;

(2) relieve conditions leading to emotional disturbance and improve the personal
well-being of the child;

(3) improve family functioning;

(4) enhance daily living skills;

(5) improve functioning in education and recreation settings;

(6) improve interpersonal and family relationships;

(7) enhance vocational development; and

(8) assist in obtaining transportation, housing, health services, and employment.

Sec. 9.

Minnesota Statutes 2022, section 245.4873, subdivision 4, is amended to read:


Subd. 4.

Individual case coordination.

The case manager designated under section
245.4881 is responsible for ongoing coordination with any other person responsible for
planning, development, and delivery of social services, education, corrections, health, or
vocational services for the individual child. The new text begin individual new text end family deleted text begin assessment summarydeleted text end new text begin
community support plannew text end developed by the case manager shall reflect the coordination among
the local service system providers.

Sec. 10.

Minnesota Statutes 2022, section 245.4881, subdivision 3, is amended to read:


Subd. 3.

Duties of case manager.

(a) Upon a determination of eligibility for case
management services, the case manager shall develop an individual family deleted text begin assessment
summarydeleted text end new text begin community support plannew text end for a child as specified in subdivision 4, review the child's
progress, and monitor the provision of services. If services are to be provided in a host
county that is not the county of financial responsibility, the case manager shall consult with
the host county and obtain a letter demonstrating the concurrence of the host county regarding
the provision of services.

(b) The case manager shall note in the child's record the services needed by the child
and the child's family, the services requested by the family, services that are not available,
and the unmet needs of the child and child's family. The case manager shall note this
provision in the child's record.

Sec. 11.

Minnesota Statutes 2022, section 245.4881, subdivision 4, is amended to read:


Subd. 4.

Individual family deleted text begin assessment summarydeleted text end new text begin community support plannew text end .

(a) For
each child, the case manager must develop an individual family deleted text begin assessment summarydeleted text end new text begin
community support plannew text end that incorporates the child's individual treatment plan. The individual
treatment plan may not be a substitute for the development of an individual family deleted text begin assessment
summarydeleted text end new text begin community support plannew text end . The case manager is responsible for developing the
individual family deleted text begin assessment summarydeleted text end new text begin community support plannew text end within 30 days of intake
based on a diagnostic assessment and for implementing and monitoring the delivery of
services according to the individual family deleted text begin assessment summarydeleted text end new text begin community support plannew text end .
The case manager must review the plan at least every 180 calendar days after it is developed,
unless the case manager has received a written request from the child's family or an advocate
for the child for a review of the plan every 90 days after it is developed. To the extent
appropriate, the child with severe emotional disturbance, the child's family, advocates,
service providers, and significant others must be involved in all phases of development and
implementation of the individual family deleted text begin assessment summarydeleted text end new text begin community support plannew text end .
Notwithstanding the lack of an individual family deleted text begin assessment summarydeleted text end new text begin community support
plannew text end , the case manager shall assist the child and child's family in accessing the needed
services listed in section 245.4884, subdivision 1.

(b) The child's individual family deleted text begin assessment summarydeleted text end new text begin community support plannew text end must
state:

(1) the goals and expected outcomes of each service and criteria for evaluating the
effectiveness and appropriateness of the service;

(2) the activities for accomplishing each goal;

(3) a schedule for each activity; and

(4) the frequency of face-to-face contacts by the case manager, as appropriate to client
need and the implementation of the individual family deleted text begin assessment summarydeleted text end new text begin community
support plannew text end .

Sec. 12.

Minnesota Statutes 2022, section 245.4885, subdivision 1, is amended to read:


Subdivision 1.

Admission criteria.

(a) Prior to admission or placement, except in the
case of an emergency, all children referred for treatment of severe emotional disturbance
in a treatment foster care setting, residential treatment facility, or informally admitted to a
regional treatment center shall undergo an assessment to determine the appropriate level of
care if county funds are used to pay for the child's services. An emergency includes when
a child is in need of and has been referred for crisis stabilization services under section
245.4882, subdivision 6. A child who has been referred to residential treatment for crisis
stabilization services in a residential treatment center is not required to undergo an assessment
under this section.

(b) The county board shall determine the appropriate level of care for a child when
county-controlled funds are used to pay for the child's residential treatment under this
chapter, including residential treatment provided in a qualified residential treatment program
as defined in section 260C.007, subdivision 26d. When a county board does not have
responsibility for a child's placement and the child is enrolled in a prepaid health program
under section 256B.69, the enrolled child's contracted health plan must determine the
appropriate level of care for the child. When Indian Health Services funds or funds of a
tribally owned facility funded under the Indian Self-Determination and Education Assistance
Act, Public Law 93-638, are used for the child, the Indian Health Services or 638 tribal
health facility must determine the appropriate level of care for the child. When more than
one entity bears responsibility for a child's coverage, the entities shall coordinate level of
care determination activities for the child to the extent possible.

(c) The child's level of care determination shall determine whether the proposed treatment:

(1) is necessary;

(2) is appropriate to the child's individual treatment needs;

(3) cannot be effectively provided in the child's home; and

(4) provides a length of stay as short as possible consistent with the individual child's
needs.

(d) When a level of care determination is conducted, the county board or other entity
may not determine that a screening of a child, referral, or admission to a residential treatment
facility is not appropriate solely because services were not first provided to the child in a
less restrictive setting and the child failed to make progress toward or meet treatment goals
in the less restrictive setting. The level of care determination must be based on a diagnostic
assessment of a child that evaluates the child's family, school, and community living
situations; and an assessment of the child's need for care out of the home using a validated
tool which assesses a child's functional status and assigns an appropriate level of care to the
child. The validated tool must be approved by the commissioner of human services and
may be the validated tool approved for the child's assessment under section 260C.704 if the
juvenile treatment screening team recommended placement of the child in a qualified
residential treatment program. If a diagnostic assessment has been completed by a mental
health professional within the past 180 days, a new diagnostic assessment need not be
completed unless in the opinion of the current treating mental health professional the child's
mental health status has changed markedly since the assessment was completed. The child's
parent shall be notified if an assessment will not be completed and of the reasons. A copy
of the notice shall be placed in the child's file. Recommendations developed as part of the
level of care determination process shall include specific community services needed by
the child and, if appropriate, the child's family, and shall indicate whether these services
are available and accessible to the child and the child's family. The child and the child's
family must be invited to any meeting where the level of care determination is discussed
and decisions regarding residential treatment are made. The child and the child's family
may invite other relatives, friends, or advocates to attend these meetings.

(e) During the level of care determination process, the child, child's family, or child's
legal representative, as appropriate, must be informed of the child's eligibility for case
management services and family community support services and that an individual family
deleted text begin assessment summarydeleted text end new text begin community support plannew text end is being developed by the case manager, if
assigned.

(f) The level of care determination, placement decision, and recommendations for mental
health services must be documented in the child's record and made available to the child's
family, as appropriate.

Sec. 13.

Minnesota Statutes 2022, section 245.4887, is amended to read:


245.4887 APPEALS.

A child or a child's family, as appropriate, who requests mental health services under
sections 245.487 to 245.4889 must be advised of services available and the right to appeal
as described in this section at the time of the request and each time the individual family
deleted text begin assessment summarydeleted text end new text begin community support plannew text end or individual treatment plan is reviewed. A
child whose request for mental health services under sections 245.487 to 245.4889 is denied,
not acted upon with reasonable promptness, or whose services are suspended, reduced, or
terminated by action or inaction for which the county board is responsible under sections
245.487 to 245.4889 may contest that action or inaction before the state agency according
to section 256.045. The commissioner shall monitor the nature and frequency of
administrative appeals under this section.

Sec. 14.

Minnesota Statutes 2022, section 245A.03, subdivision 7, is amended to read:


Subd. 7.

Licensing moratorium.

(a) The commissioner shall not issue an initial license
for child foster care licensed under Minnesota Rules, parts 2960.3000 to 2960.3340, or adult
foster care licensed under Minnesota Rules, parts 9555.5105 to 9555.6265, under this chapter
for a physical location that will not be the primary residence of the license holder for the
entire period of licensure. If a family child foster care home or family adult foster care home
license is issued during this moratorium, and the license holder changes the license holder's
primary residence away from the physical location of the foster care license, the
commissioner shall revoke the license according to section 245A.07. The commissioner
shall not issue an initial license for a community residential setting licensed under chapter
245D. When approving an exception under this paragraph, the commissioner shall consider
the resource need determination process in paragraph (h), the availability of foster care
licensed beds in the geographic area in which the licensee seeks to operate, the results of a
person's choices during their annual assessment and service plan review, and the
recommendation of the local county board. The determination by the commissioner is final
and not subject to appeal. Exceptions to the moratorium include:

(1) deleted text begin foster care settingsdeleted text end new text begin a license for a person in a foster care setting that is not the primary
residence of the license holder andnew text end where at least 80 percent of the residents are 55 years
of age or older;

(2) foster care licenses replacing foster care licenses in existence on May 15, 2009, or
community residential setting licenses replacing adult foster care licenses in existence on
December 31, 2013, and determined to be needed by the commissioner under paragraph
(b);

(3) new foster care licenses or community residential setting licenses determined to be
needed by the commissioner under paragraph (b) for the closure of a nursing facility, ICF/DD,
or regional treatment center; restructuring of state-operated services that limits the capacity
of state-operated facilities; or allowing movement to the community for people who no
longer require the level of care provided in state-operated facilities as provided under section
256B.092, subdivision 13, or 256B.49, subdivision 24;

(4) new foster care licenses or community residential setting licenses determined to be
needed by the commissioner under paragraph (b) for persons requiring hospital-level care;
or

(5) new foster care licenses or community residential setting licenses for people receiving
customized living or 24-hour customized living services under the brain injury or community
access for disability inclusion waiver plans under section 256B.49 and residing in the
customized living setting before July 1, 2022, for which a license is required. A customized
living service provider subject to this exception may rebut the presumption that a license
is required by seeking a reconsideration of the commissioner's determination. The
commissioner's disposition of a request for reconsideration is final and not subject to appeal
under chapter 14. The exception is available until June 30, 2023. This exception is available
when:

(i) the person's customized living services are provided in a customized living service
setting serving four or fewer people under the brain injury or community access for disability
inclusion waiver plans under section 256B.49 in a single-family home operational on or
before June 30, 2021. Operational is defined in section 256B.49, subdivision 28;

(ii) the person's case manager provided the person with information about the choice of
service, service provider, and location of service, including in the person's home, to help
the person make an informed choice; and

(iii) the person's services provided in the licensed foster care or community residential
setting are less than or equal to the cost of the person's services delivered in the customized
living setting as determined by the lead agency.

(b) The commissioner shall determine the need for newly licensed foster care homes or
community residential settings as defined under this subdivision. As part of the determination,
the commissioner shall consider the availability of foster care capacity in the area in which
the licensee seeks to operate, and the recommendation of the local county board. The
determination by the commissioner must be final. A determination of need is not required
for a change in ownership at the same address.

(c) When an adult resident served by the program moves out of a foster home that is not
the primary residence of the license holder according to section 256B.49, subdivision 15,
paragraph (f), or the adult community residential setting, the county shall immediately
inform the Department of Human Services Licensing Division. The department may decrease
the statewide licensed capacity for adult foster care settings.

(d) Residential settings that would otherwise be subject to the decreased license capacity
established in paragraph (c) shall be exempt if the license holder's beds are occupied by
residents whose primary diagnosis is mental illness and the license holder is certified under
the requirements in subdivision 6a or section 245D.33.

(e) A resource need determination process, managed at the state level, using the available
data required by section 144A.351, and other data and information shall be used to determine
where the reduced capacity determined under section 256B.493 will be implemented. The
commissioner shall consult with the stakeholders described in section 144A.351, and employ
a variety of methods to improve the state's capacity to meet the informed decisions of those
people who want to move out of corporate foster care or community residential settings,
long-term service needs within budgetary limits, including seeking proposals from service
providers or lead agencies to change service type, capacity, or location to improve services,
increase the independence of residents, and better meet needs identified by the long-term
services and supports reports and statewide data and information.

(f) At the time of application and reapplication for licensure, the applicant and the license
holder that are subject to the moratorium or an exclusion established in paragraph (a) are
required to inform the commissioner whether the physical location where the foster care
will be provided is or will be the primary residence of the license holder for the entire period
of licensure. If the primary residence of the applicant or license holder changes, the applicant
or license holder must notify the commissioner immediately. The commissioner shall print
on the foster care license certificate whether or not the physical location is the primary
residence of the license holder.

(g) License holders of foster care homes identified under paragraph (f) that are not the
primary residence of the license holder and that also provide services in the foster care home
that are covered by a federally approved home and community-based services waiver, as
authorized under chapter 256S or section 256B.092 or 256B.49, must inform the human
services licensing division that the license holder provides or intends to provide these
waiver-funded services.

(h) The commissioner may adjust capacity to address needs identified in section
144A.351. Under this authority, the commissioner may approve new licensed settings or
delicense existing settings. Delicensing of settings will be accomplished through a process
identified in section 256B.493.

(i) The commissioner must notify a license holder when its corporate foster care or
community residential setting licensed beds are reduced under this section. The notice of
reduction of licensed beds must be in writing and delivered to the license holder by certified
mail or personal service. The notice must state why the licensed beds are reduced and must
inform the license holder of its right to request reconsideration by the commissioner. The
license holder's request for reconsideration must be in writing. If mailed, the request for
reconsideration must be postmarked and sent to the commissioner within 20 calendar days
after the license holder's receipt of the notice of reduction of licensed beds. If a request for
reconsideration is made by personal service, it must be received by the commissioner within
20 calendar days after the license holder's receipt of the notice of reduction of licensed beds.

(j) The commissioner shall not issue an initial license for children's residential treatment
services licensed under Minnesota Rules, parts 2960.0580 to 2960.0700, under this chapter
for a program that Centers for Medicare and Medicaid Services would consider an institution
for mental diseases. Facilities that serve only private pay clients are exempt from the
moratorium described in this paragraph. The commissioner has the authority to manage
existing statewide capacity for children's residential treatment services subject to the
moratorium under this paragraph and may issue an initial license for such facilities if the
initial license would not increase the statewide capacity for children's residential treatment
services subject to the moratorium under this paragraph.

new text begin EFFECTIVE DATE. new text end

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

Sec. 15.

Minnesota Statutes 2022, section 245A.11, subdivision 7, is amended to read:


Subd. 7.

Adult foster carenew text begin and community residential settingsnew text end ; variance for alternate
overnight supervision.

(a) The commissioner may grant a variance under section 245A.04,
subdivision 9, tonew text begin statutes andnew text end rule parts requiring a caregiver to be present in an adult foster
care homenew text begin or a community residential settingnew text end during normal sleeping hours to allow for
alternative methods of overnight supervision. The commissioner may grant the variance if
the local county licensing agency recommends the variance and the county recommendation
includes documentation verifying that:

(1) the county has approved the license holder's plan for alternative methods of providing
overnight supervision and determined the plan protects the residents' health, safety, and
rights;

(2) the license holder has obtained written and signed informed consent from each
resident or each resident's legal representative documenting the resident's or legal
representative's agreement with the alternative method of overnight supervision; and

(3) the alternative method of providing overnight supervision, which may include the
use of technology, is specified for each resident in the resident's: (i) individualized plan of
care; (ii) deleted text begin individual servicedeleted text end new text begin supportnew text end plan under section 256B.092, subdivision 1b, if required;
or (iii) individual resident placement agreement under Minnesota Rules, part 9555.5105,
subpart 19, if required.

(b) To be eligible for a variance under paragraph (a), the adult foster carenew text begin or community
residential settingnew text end license holder must not have had a conditional license issued under section
245A.06, or any other licensing sanction issued under section 245A.07 during the prior 24
months based on failure to provide adequate supervision, health care services, or resident
safety in the adult foster care homenew text begin or community residential settingnew text end .

(c) A license holder requesting a variance under this subdivision to utilize technology
as a component of a plan for alternative overnight supervision may request the commissioner's
review in the absence of a county recommendation. Upon receipt of such a request from a
license holder, the commissioner shall review the variance request with the county.

deleted text begin (d) A variance granted by the commissioner according to this subdivision before January
1, 2014, to a license holder for an adult foster care home must transfer with the license when
the license converts to a community residential setting license under chapter 245D. The
terms and conditions of the variance remain in effect as approved at the time the variance
was granted.
 deleted 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

Sec. 16.

Minnesota Statutes 2022, section 245A.16, subdivision 1, is amended to read:


Subdivision 1.

Delegation of authority to agencies.

(a) County agencies and private
agencies that have been designated or licensed by the commissioner to perform licensing
functions and activities under section 245A.04 and background studies for family child care
under chapter 245C; to recommend denial of applicants under section 245A.05; to issue
correction orders, to issue variances, and recommend a conditional license under section
245A.06; or to recommend suspending or revoking a license or issuing a fine under section
245A.07, shall comply with rules and directives of the commissioner governing those
functions and with this section. The following variances are excluded from the delegation
of variance authority and may be issued only by the commissioner:

(1) dual licensure of family child care and new text begin familynew text end child foster care, dual licensure of
new text begin familynew text end child new text begin foster care new text end and new text begin familynew text end adult foster carenew text begin , dual licensure of child foster residence
setting and community residential settingnew text end , andnew text begin dual licensure of familynew text end adult foster care and
family child care;

(2) adult foster care maximum capacity;

(3) adult foster care minimum age requirement;

(4) child foster care maximum age requirement;

(5) variances regarding disqualified individuals except that, before the implementation
of NETStudy 2.0, county agencies may issue variances under section 245C.30 regarding
disqualified individuals when the county is responsible for conducting a consolidated
reconsideration according to sections 245C.25 and 245C.27, subdivision 2, clauses (a) and
(b), of a county maltreatment determination and a disqualification based on serious or
recurring maltreatment;

(6) the required presence of a caregiver in the adult foster care residence during normal
sleeping hours;

(7) variances to requirements relating to chemical use problems of a license holder or a
household member of a license holder; and

(8) variances to section 245A.53 for a time-limited period. If the commissioner grants
a variance under this clause, the license holder must provide notice of the variance to all
parents and guardians of the children in care.

Except as provided in section 245A.14, subdivision 4, paragraph (e), a county agency must
not grant a license holder a variance to exceed the maximum allowable family child care
license capacity of 14 children.

(b) A county agency that has been designated by the commissioner to issue family child
care variances must:

(1) publish the county agency's policies and criteria for issuing variances on the county's
public website and update the policies as necessary; and

(2) annually distribute the county agency's policies and criteria for issuing variances to
all family child care license holders in the county.

(c) Before the implementation of NETStudy 2.0, county agencies must report information
about disqualification reconsiderations under sections 245C.25 and 245C.27, subdivision
2, paragraphs (a) and (b), and variances granted under paragraph (a), clause (5), to the
commissioner at least monthly in a format prescribed by the commissioner.

(d) For family child care programs, the commissioner shall require a county agency to
conduct one unannounced licensing review at least annually.

(e) For family adult day services programs, the commissioner may authorize licensing
reviews every two years after a licensee has had at least one annual review.

(f) A license issued under this section may be issued for up to two years.

(g) During implementation of chapter 245D, the commissioner shall consider:

(1) the role of counties in quality assurance;

(2) the duties of county licensing staff; and

(3) the possible use of joint powers agreements, according to section 471.59, with counties
through which some licensing duties under chapter 245D may be delegated by the
commissioner to the counties.

Any consideration related to this paragraph must meet all of the requirements of the corrective
action plan ordered by the federal Centers for Medicare and Medicaid Services.

(h) Licensing authority specific to section 245D.06, subdivisions 5, 6, 7, and 8, or
successor provisions; and section 245D.061 or successor provisions, for family child foster
care programs providing out-of-home respite, as identified in section 245D.03, subdivision
1, paragraph (b), clause (1), is excluded from the delegation of authority to county and
private agencies.

(i) A county agency shall report to the commissioner, in a manner prescribed by the
commissioner, the following information for a licensed family child care program:

(1) the results of each licensing review completed, including the date of the review, and
any licensing correction order issued;

(2) any death, serious injury, or determination of substantiated maltreatment; and

(3) any fires that require the service of a fire department within 48 hours of the fire. The
information under this clause must also be reported to the state fire marshal within two
business days of receiving notice from a licensed family child care provider.

new text begin EFFECTIVE DATE. new text end

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

Sec. 17.

Minnesota Statutes 2022, section 245D.03, subdivision 1, is amended to read:


Subdivision 1.

Applicability.

(a) The commissioner shall regulate the provision of home
and community-based services to persons with disabilities and persons age 65 and older
pursuant to this chapter. The licensing standards in this chapter govern the provision of
basic support services and intensive support services.

(b) Basic support services provide the level of assistance, supervision, and care that is
necessary to ensure the health and welfare of the person and do not include services that
are specifically directed toward the training, treatment, habilitation, or rehabilitation of the
person. Basic support services include:

(1) in-home and out-of-home respite care services as defined in section 245A.02,
subdivision 15, and under the brain injury, community alternative care, community access
for disability inclusion, developmental disabilities, and elderly waiver plans, excluding
out-of-home respite care provided to children in a family child foster care home licensed
under Minnesota Rules, parts 2960.3000 to 2960.3100, when the child foster care license
holder complies with the requirements under section 245D.06, subdivisions 5, 6, 7, and 8,
or successor provisions; and section 245D.061 or successor provisions, which must be
stipulated in the statement of intended use required under Minnesota Rules, part 2960.3000,
subpart 4;

(2) adult companion services as defined under the deleted text begin brain injury, community access for
disability inclusion, community alternative care, anddeleted text end elderly waiver deleted text begin plansdeleted text end new text begin plannew text end , excluding
adult companion services provided under the Corporation for National and Community
Services Senior Companion Program established under the Domestic Volunteer Service
Act of 1973, Public Law 98-288;

deleted text begin (3) personal support as defined under the developmental disabilities waiver plan;
 deleted text end

deleted text begin (4)deleted text end new text begin (3)new text end 24-hour emergency assistance, personal emergency response as defined under
the community access for disability inclusion and developmental disabilities waiver plans;

deleted text begin (5)deleted text end new text begin (4)new text end night supervision services as defined under the brain injury, community access
for disability inclusion, community alternative care, and developmental disabilities waiver
plans;

deleted text begin (6)deleted text end new text begin (5)new text end homemaker services as defined under the community access for disability
inclusion, brain injury, community alternative care, developmental disabilities, and elderly
waiver plans, excluding providers licensed by the Department of Health under chapter 144A
and those providers providing cleaning services only;

deleted text begin (7)deleted text end new text begin (6)new text end individual community living support under section 256S.13; and

deleted text begin (8)deleted text end new text begin (7)new text end individualized home supportsnew text begin without trainingnew text end services as defined under the brain
injury, community alternative care, and community access for disability inclusion, and
developmental disabilities waiver plans.

(c) Intensive support services provide assistance, supervision, and care that is necessary
to ensure the health and welfare of the person and services specifically directed toward the
training, habilitation, or rehabilitation of the person. Intensive support services include:

(1) intervention services, including:

(i) positive support services as defined under the brain injury and community access for
disability inclusion, community alternative care, and developmental disabilities waiver
plans;

(ii) in-home or out-of-home crisis respite services as defined under the brain injury,
community access for disability inclusion, community alternative care, and developmental
disabilities waiver plans; and

(iii) specialist services as defined under the current brain injury, community access for
disability inclusion, community alternative care, and developmental disabilities waiver
plans;

(2) in-home support services, including:

deleted text begin (i) in-home family support and supported living services as defined under the
developmental disabilities waiver plan;
 deleted text end

deleted text begin (ii) independent living services training as defined under the brain injury and community
access for disability inclusion waiver plans;
 deleted text end

deleted text begin (iii)deleted text end new text begin (i)new text end semi-independent living services;

deleted text begin (iv)deleted text end new text begin (ii)new text end individualized home support with training services as defined under the brain
injury, community alternative care, community access for disability inclusion, and
developmental disabilities waiver plans; and

deleted text begin (v)deleted text end new text begin (iii)new text end individualized home support with family training services as defined under the
brain injury, community alternative care, community access for disability inclusion, and
developmental disabilities waiver plans;

(3) residential supports and services, including:

deleted text begin (i) supported living services as defined under the developmental disabilities waiver plan
provided in a family or corporate child foster care residence, a family adult foster care
residence, a community residential setting, or a supervised living facility;
 deleted text end

deleted text begin (ii) foster care services as defined in the brain injury, community alternative care, and
community access for disability inclusion waiver plans provided in a family or corporate
child foster care residence, a family adult foster care residence, or a community residential
setting;
 deleted text end

deleted text begin (iii)deleted text end new text begin (i)new text end community residential services as defined under the brain injury, community
alternative care, community access for disability inclusion, and developmental disabilities
waiver plans provided in a corporate child foster care residence, a community residential
setting, or a supervised living facility;

deleted text begin (iv)deleted text end new text begin (ii)new text end family residential services as defined in the brain injury, community alternative
care, community access for disability inclusion, and developmental disabilities waiver plans
provided in a family child foster care residence or a family adult foster care residence; and

deleted text begin (v)deleted text end new text begin (iii)new text end residential services provided to more than four persons with developmental
disabilities in a supervised living facility, including ICFs/DD;

(4) day services, including:

deleted text begin (i) structured day services as defined under the brain injury waiver plan;
 deleted text end

deleted text begin (ii)deleted text end new text begin (i)new text end day services under sections 252.41 to 252.46, and as defined under the brain
injury, community alternative care, community access for disability inclusion, and
developmental disabilities waiver plans;new text begin and
new text end

deleted text begin (iii) day training and habilitation services under sections 252.41 to 252.46, and as defined
under the developmental disabilities waiver plan; and
 deleted text end

deleted text begin (iv)deleted text end new text begin (ii)new text end prevocational services as defined under the brain injury, community alternative
care, community access for disability inclusion, and developmental disabilities waiver plans;
and

(5) employment exploration services as defined under the brain injury, community
alternative care, community access for disability inclusion, and developmental disabilities
waiver plans;

(6) employment development services as defined under the brain injury, community
alternative care, community access for disability inclusion, and developmental disabilities
waiver plans;

(7) employment support services as defined under the brain injury, community alternative
care, community access for disability inclusion, and developmental disabilities waiver plans;
and

(8) integrated community support as defined under the brain injury and community
access for disability inclusion waiver plans beginning January 1, 2021, and community
alternative care and developmental disabilities waiver plans beginning January 1, 2023.

Sec. 18.

Minnesota Statutes 2022, section 246.0135, is amended to read:


246.0135 OPERATION OF REGIONAL TREATMENT CENTERS.

(a) The commissioner of human services is prohibited from closing any regional treatment
center or state-operated nursing home or any program at any of the regional treatment centers
or state-operated nursing homes, without specific legislative authorization. deleted text begin For persons with
developmental disabilities who move from one regional treatment center to another regional
treatment center, the provisions of section 256B.092, subdivision 10, must be followed for
both the discharge from one regional treatment center and admission to another regional
treatment center, except that the move is not subject to the consensus requirement of section
256B.092, subdivision 10, paragraph (b).
deleted text end

(b) Prior to closing or downsizing a regional treatment center, the commissioner of
human services shall be responsible for assuring that community-based alternatives developed
in response are adequate to meet the program needs identified by each county within the
catchment area and do not require additional local county property tax expenditures.

(c) The nonfederal share of the cost of alternative treatment or care developed as the
result of the closure of a regional treatment center, including costs associated with fulfillment
of responsibilities under chapter 253B shall be paid from state funds appropriated for
purposes specified in section 246.013.

(d) The commissioner may not divert state funds used for providing for care or treatment
of persons residing in a regional treatment center for purposes unrelated to the care and
treatment of such persons.

Sec. 19.

Minnesota Statutes 2022, section 254A.035, subdivision 2, is amended to read:


Subd. 2.

Membership terms, compensation, removal and expiration.

The membership
of this council shall be composed of 17 persons who are American Indians and who are
appointed by the commissioner. The commissioner shall appoint one representative from
each of the following groups: Red Lake Band of Chippewa Indians; Fond du Lac Band,
Minnesota Chippewa Tribe; Grand Portage Band, Minnesota Chippewa Tribe; Leech Lake
Band, Minnesota Chippewa Tribe; Mille Lacs Band, Minnesota Chippewa Tribe; Bois Forte
Band, Minnesota Chippewa Tribe; White Earth Band, Minnesota Chippewa Tribe; Lower
Sioux Indian Reservation; Prairie Island Sioux Indian Reservation; Shakopee Mdewakanton
Sioux Indian Reservation; Upper Sioux Indian Reservation; International Falls Northern
Range; Duluth Urban Indian Community; and two representatives from the Minneapolis
Urban Indian Community and two from the St. Paul Urban Indian Community. The terms,
compensation, and removal of American Indian Advisory Council members shall be as
provided in section 15.059. deleted text begin The council expires June 30, 2023.
deleted text end

Sec. 20.

Minnesota Statutes 2022, section 254B.05, subdivision 1a, is amended to read:


Subd. 1a.

Room and board provider requirements.

(a) Effective January 1, 2000,
vendors of room and board are eligible for behavioral health fund payment if the vendor:

(1) has rules prohibiting residents bringing chemicals into the facility or using chemicals
while residing in the facility and provide consequences for infractions of those rules;

(2) is determined to meet applicable health and safety requirements;

(3) is not a jail or prison;

(4) is not concurrently receiving funds under chapter 256I for the recipient;

(5) admits individuals who are 18 years of age or older;

(6) is registered as a board and lodging or lodging establishment according to section
157.17;

(7) has awake staff on site deleted text begin 24 hours per daydeleted text end new text begin whenever a client is presentnew text end ;

(8) has staff who are at least 18 years of age and meet the requirements of section
245G.11, subdivision 1, paragraph (b);

(9) has emergency behavioral procedures that meet the requirements of section 245G.16;

(10) meets the requirements of section 245G.08, subdivision 5, if administering
medications to clients;

(11) meets the abuse prevention requirements of section 245A.65, including a policy on
fraternization and the mandatory reporting requirements of section 626.557;

(12) documents coordination with the treatment provider to ensure compliance with
section 254B.03, subdivision 2;

(13) protects client funds and ensures freedom from exploitation by meeting the
provisions of section 245A.04, subdivision 13;

(14) has a grievance procedure that meets the requirements of section 245G.15,
subdivision 2; and

(15) has sleeping and bathroom facilities for men and women separated by a door that
is locked, has an alarm, or is supervised by awake staff.

(b) Programs licensed according to Minnesota Rules, chapter 2960, are exempt from
paragraph (a), clauses (5) to (15).

(c) Programs providing children's mental health crisis admissions and stabilization under
section 245.4882, subdivision 6, are eligible vendors of room and board.

(d) Licensed programs providing intensive residential treatment services or residential
crisis stabilization services pursuant to section 256B.0622 or 256B.0624 are eligible vendors
of room and board and are exempt from paragraph (a), clauses (6) to (15).

new text begin (e) A vendor that is not licensed as a residential treatment program must have a policy
to address staffing coverage when a client may unexpectedly need to be present at the room
and board site.
 new text end

Sec. 21.

Minnesota Statutes 2022, section 254B.05, subdivision 5, is amended to read:


Subd. 5.

Rate requirements.

(a) The commissioner shall establish rates for substance
use disorder services and service enhancements funded under this chapter.

(b) Eligible substance use disorder treatment services include:

(1) outpatient treatment services that are licensed according to sections 245G.01 to
245G.17, or applicable tribal license;

(2) comprehensive assessments provided according to sections 245.4863, paragraph (a),
and 245G.05;

(3) care coordination services provided according to section 245G.07, subdivision 1,
paragraph (a), clause (5);

(4) peer recovery support services provided according to section 245G.07, subdivision
2, clause (8);

(5) on July 1, 2019, or upon federal approval, whichever is later, withdrawal management
services provided according to chapter 245F;

(6) substance use disorder treatment services with medications for opioid use disorder
that are licensed according to sections 245G.01 to 245G.17 and 245G.22, or applicable
tribal license;

(7) substance use disorder treatment with medications for opioid use disorder plus
enhanced treatment services that meet the requirements of clause (6) and provide nine hours
of clinical services each week;

(8) high, medium, and low intensity residential treatment services that are licensed
according to sections 245G.01 to 245G.17 and 245G.21 or applicable tribal license which
provide, respectively, 30, 15, and five hours of clinical services each week;

(9) hospital-based treatment services that are licensed according to sections 245G.01 to
245G.17 or applicable tribal license and licensed as a hospital under sections 144.50 to
144.56;

(10) adolescent treatment programs that are licensed as outpatient treatment programs
according to sections 245G.01 to 245G.18 or as residential treatment programs according
to Minnesota Rules, parts 2960.0010 to 2960.0220, and 2960.0430 to 2960.0490, or
applicable tribal license;

(11) high-intensity residential treatment services that are licensed according to sections
245G.01 to 245G.17 and 245G.21 or applicable tribal license, which provide 30 hours of
clinical services each week provided by a state-operated vendor or to clients who have been
civilly committed to the commissioner, present the most complex and difficult care needs,
and are a potential threat to the community; and

(12) room and board facilities that meet the requirements of subdivision 1a.

(c) The commissioner shall establish higher rates for programs that meet the requirements
of paragraph (b) and one of the following additional requirements:

(1) programs that serve parents with their children if the program:

(i) provides on-site child care during the hours of treatment activity that:

(A) is licensed under chapter 245A as a child care center under Minnesota Rules, chapter
9503; or

(B) deleted text begin meets the licensure exclusion criteria of section 245A.03, subdivision 2, paragraph
(a), clause (6), and meets the requirementsdeleted text end new text begin is licensednew text end under deleted text begin sectiondeleted text end new text begin chapter 245A and
sections 245G.01 tonew text end 245G.19deleted text begin , subdivision 4deleted text end ; or

(ii) arranges for off-site child care during hours of treatment activity at a facility that is
licensed under chapter 245A as:

(A) a child care center under Minnesota Rules, chapter 9503; or

(B) a family child care home under Minnesota Rules, chapter 9502;

(2) culturally specific or culturally responsive programs as defined in section 254B.01,
subdivision 4a;

(3) disability responsive programs as defined in section 254B.01, subdivision 4b;

(4) programs that offer medical services delivered by appropriately credentialed health
care staff in an amount equal to two hours per client per week if the medical needs of the
client and the nature and provision of any medical services provided are documented in the
client file; or

(5) programs that offer services to individuals with co-occurring mental health and
substance use disorder problems if:

(i) the program meets the co-occurring requirements in section 245G.20;

(ii) 25 percent of the counseling staff are licensed mental health professionals under
section 245I.04, subdivision 2, or are students or licensing candidates under the supervision
of a licensed alcohol and drug counselor supervisor and mental health professional under
section 245I.04, subdivision 2, except that no more than 50 percent of the mental health
staff may be students or licensing candidates with time documented to be directly related
to provisions of co-occurring services;

(iii) clients scoring positive on a standardized mental health screen receive a mental
health diagnostic assessment within ten days of admission;

(iv) the program has standards for multidisciplinary case review that include a monthly
review for each client that, at a minimum, includes a licensed mental health professional
and licensed alcohol and drug counselor, and their involvement in the review is documented;

(v) family education is offered that addresses mental health and substance use disorder
and the interaction between the two; and

(vi) co-occurring counseling staff shall receive eight hours of co-occurring disorder
training annually.

(d) In order to be eligible for a higher rate under paragraph (c), clause (1), a program
that provides arrangements for off-site child care must maintain current documentation at
the substance use disorder facility of the child care provider's current licensure to provide
child care services. deleted text begin Programs that provide child care according to paragraph (c), clause (1),
must be deemed in compliance with the licensing requirements in section 245G.19.
deleted text end

(e) Adolescent residential programs that meet the requirements of Minnesota Rules,
parts 2960.0430 to 2960.0490 and 2960.0580 to 2960.0690, are exempt from the requirements
in paragraph (c), clause (4), items (i) to (iv).

(f) Subject to federal approval, substance use disorder services that are otherwise covered
as direct face-to-face services may be provided via telehealth as defined in section 256B.0625,
subdivision 3b. The use of telehealth to deliver services must be medically appropriate to
the condition and needs of the person being served. Reimbursement shall be at the same
rates and under the same conditions that would otherwise apply to direct face-to-face services.

(g) For the purpose of reimbursement under this section, substance use disorder treatment
services provided in a group setting without a group participant maximum or maximum
client to staff ratio under chapter 245G shall not exceed a client to staff ratio of 48 to one.
At least one of the attending staff must meet the qualifications as established under this
chapter for the type of treatment service provided. A recovery peer may not be included as
part of the staff ratio.

(h) Payment for outpatient substance use disorder services that are licensed according
to sections 245G.01 to 245G.17 is limited to six hours per day or 30 hours per week unless
prior authorization of a greater number of hours is obtained from the commissioner.

Sec. 22.

Minnesota Statutes 2022, section 256.01, is amended by adding a subdivision to
read:


new text begin Subd. 12b. new text end

new text begin Department of Human Services systemic critical incident review team. new text end

new text begin (a)
The commissioner may establish a Department of Human Services systemic critical incident
review team to review critical incidents reported as required under section 626.557 for
which the Department of Human Services is responsible under section 626.5572, subdivision
13; chapter 245D; or Minnesota Rules, chapter 9544. When reviewing a critical incident,
the systemic critical incident review team shall identify systemic influences to the incident
rather than determine the culpability of any actors involved in the incident. The systemic
critical incident review may assess the entire critical incident process from the point of an
entity reporting the critical incident through the ongoing case management process.
Department staff shall lead and conduct the reviews and may utilize county staff as reviewers.
The systemic critical incident review process may include but is not limited to:
 new text end

new text begin (1) data collection about the incident and actors involved. Data may include the relevant
critical services; the service provider's policies and procedures applicable to the incident;
the community support plan as defined in section 245D.02, subdivision 4b, for the person
receiving services; or an interview of an actor involved in the critical incident or the review
of the critical incident. Actors may include:
 new text end

new text begin (i) staff of the provider agency;
 new text end

new text begin (ii) lead agency staff administering home and community-based services delivered by
the provider;
 new text end

new text begin (iii) Department of Human Services staff with oversight of home and community-based
services;
 new text end

new text begin (iv) Department of Health staff with oversight of home and community-based services;
 new text end

new text begin (v) members of the community including advocates, legal representatives, health care
providers, pharmacy staff, or others with knowledge of the incident or the actors in the
incident; and
 new text end

new text begin (vi) staff from the Office of the Ombudsman for Mental Health and Developmental
Disabilities and the Office of the Ombudsman for Long-Term Care;
 new text end

new text begin (2) systemic mapping of the critical incident. The team conducting the systemic mapping
of the incident may include any actors identified in clause (1), designated representatives
of other provider agencies, regional teams, and representatives of the local regional quality
council identified in section 256B.097; and
 new text end

new text begin (3) analysis of the case for systemic influences.
 new text end

new text begin Data collected by the critical incident review team shall be aggregated and provided to
regional teams, participating regional quality councils, and the commissioner. The regional
teams and quality councils shall analyze the data and make recommendations to the
commissioner regarding systemic changes that would decrease the number and severity of
critical incidents in the future or improve the quality of the home and community-based
service system.
 new text end

new text begin (b) Cases selected for the systemic critical incident review process shall be selected by
a selection committee among the following critical incident categories:
 new text end

new text begin (1) cases of caregiver neglect identified in section 626.5572, subdivision 17;
 new text end

new text begin (2) cases involving financial exploitation identified in section 626.5572, subdivision 9;
 new text end

new text begin (3) incidents identified in section 245D.02, subdivision 11;
 new text end

new text begin (4) behavior interventions identified in Minnesota Rules, part 9544.0110; and
 new text end

new text begin (5) service terminations reported to the department in accordance with section 245D.10,
subdivision 3a.
 new text end

new text begin (c) The systemic critical incident review under this section shall not replace the process
for screening or investigating cases of alleged maltreatment of an adult under section 626.557.
The department may select cases for systemic critical incident review, under the jurisdiction
of the commissioner, reported for suspected maltreatment and closed following initial or
final disposition.
 new text end

new text begin (d) The proceedings and records of the review team are confidential data on individuals
or protected nonpublic data as defined in section 13.02, subdivisions 3 and 13. Data that
document a person's opinions formed as a result of the review are not subject to discovery
or introduction into evidence in a civil or criminal action against a professional, the state,
or a county agency arising out of the matters that the team is reviewing. Information,
documents, and records otherwise available from other sources are not immune from
discovery or use in a civil or criminal action solely because the information, documents,
and records were assessed or presented during proceedings of the review team. A person
who presented information before the systemic critical incident review team or who is a
member of the team shall not be prevented from testifying about matters within the person's
knowledge. In a civil or criminal proceeding, a person shall not be questioned about opinions
formed by the person as a result of the review.
 new text end

new text begin (e) By October 1 of each year, the commissioner shall prepare an annual public report
containing the following information:
 new text end

new text begin (1) the number of cases reviewed under each critical incident category identified in
paragraph (b) and a geographical description of where cases under each category originated;
 new text end

new text begin (2) an aggregate summary of the systemic themes from the critical incidents examined
by the critical incident review team during the previous year;
 new text end

new text begin (3) a synopsis of the conclusions, incident analyses, or exploratory activities taken in
regard to the critical incidents examined by the critical incident review team; and
 new text end

new text begin (4) recommendations made to the commissioner regarding systemic changes that could
decrease the number and severity of critical incidents in the future or improve the quality
of the home and community-based service system.
 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

Sec. 23.

Minnesota Statutes 2022, section 256B.0659, is amended by adding a subdivision
to read:


new text begin Subd. 14a. new text end

new text begin Qualified professional; remote supervision. new text end

new text begin (a) For recipients with chronic
health conditions or severely compromised immune systems, a qualified professional may
conduct the supervision required under subdivision 14 via two-way interactive audio and
visual telecommunications if, at the recipient's request, the recipient's primary health care
provider:
 new text end

new text begin (1) determines that remote supervision is appropriate; and
 new text end

new text begin (2) documents the determination under clause (1) in a statement of need or other document
that is subsequently included in the recipient's personal care assistance care plan.
 new text end

new text begin (b) Notwithstanding any other provision of law, a care plan developed or amended via
remote supervision may be executed by electronic signature.
 new text end

new text begin (c) A personal care assistance provider agency must not conduct the first supervisory
visit for a recipient and complete the initial personal care assistance care plan via a remote
visit.
 new text end

new text begin (d) A recipient may request to return to in-person supervisory visits at any time.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
 new text end

Sec. 24.

Minnesota Statutes 2022, section 256B.0911, subdivision 23, is amended to read:


Subd. 23.

MnCHOICES reassessments; option for alternative and self-directed
waiver services.

(a) At the time of reassessment, the certified assessor shall assess a person
receiving waiver residential supports and services and currently residing in a setting listed
in clauses (1) to (5) to determine if the person would prefer to be served in a
community-living setting as defined in section deleted text begin 256B.49, subdivision 23deleted text end new text begin 256B.492,
subdivision 1, paragraph (b)new text end , or in a setting not controlled by a provider, or to receive
integrated community supports as described in section 245D.03, subdivision 1, paragraph
(c), clause (8). The certified assessor shall offer the person through a person-centered
planning process the option to receive alternative housing and service options. This paragraph
applies to those currently residing in a:

(1) community residential setting;

(2) licensed adult foster care home that is either not the primary residence of the license
holder or in which the license holder is not the primary caregiver;

(3) family adult foster care residence;

(4) customized living setting; or

(5) supervised living facility.

(b) At the time of reassessment, the certified assessor shall assess each person receiving
waiver day services to determine if that person would prefer to receive employment services
as described in section 245D.03, subdivision 1, paragraph (c), clauses (5) to (7). The certified
assessor shall describe to the person through a person-centered planning process the option
to receive employment services.

(c) At the time of reassessment, the certified assessor shall assess each person receiving
non-self-directed waiver services to determine if that person would prefer an available
service and setting option that would permit self-directed services and supports. The certified
assessor shall describe to the person through a person-centered planning process the option
to receive self-directed services and supports.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective upon federal approval. The commissioner
of human services shall notify the revisor of statutes when federal approval is obtained.
 new text end

Sec. 25.

Minnesota Statutes 2022, section 256B.092, subdivision 10, is amended to read:


Subd. 10.

Admission of persons to and discharge of persons from regional treatment
centers.

(a) Prior to the admission of a person to a regional treatment center program for
persons with developmental disabilities, the case manager shall make efforts to secure
community-based alternatives. If these alternatives are rejected by the person, the person's
legal guardian or conservator, or the county agency in favor of a regional treatment center
placement, the case manager shall document the reasons why the alternatives were rejected.

deleted text begin (b) When discharge of a person from a regional treatment center to a community-based
service is proposed, the case manager shall convene the screening team and in addition to
members of the team identified in subdivision 7, the case manager shall invite to the meeting
the person's parents and near relatives, and the ombudsman established under section 245.92
if the person is under public guardianship. The meeting shall be convened at a time and
place that allows for participation of all team members and invited individuals who choose
to attend. The notice of the meeting shall inform the person's parents and near relatives
about the screening team process, and their right to request a review if they object to the
discharge, and shall provide the names and functions of advocacy organizations, and
information relating to assistance available to individuals interested in establishing private
guardianships under the provisions of section 252A.03. The screening team meeting shall
be conducted according to subdivisions 7 and 8. Discharge of the person shall not go forward
without consensus of the screening team.
 deleted text end

deleted text begin (c) The results of the screening team meeting and individual service plan developed
according to subdivision 1b shall be used by the interdisciplinary team assembled in
accordance with Code of Federal Regulations, title 42, section 483.440, to evaluate and
make recommended modifications to the individual service plan as proposed. The individual
service plan shall specify postplacement monitoring to be done by the case manager according
to section 253B.15, subdivision 1a.
 deleted text end

deleted text begin (d) Notice of the meeting of the interdisciplinary team assembled in accordance with
Code of Federal Regulations, title 42, section 483.440, shall be sent to all team members
15 days prior to the meeting, along with a copy of the proposed individual service plan. The
case manager shall request that proposed providers visit the person and observe the person's
program at the regional treatment center prior to the discharge. Whenever possible,
preplacement visits by the person to proposed service sites should also be scheduled in
advance of the meeting. Members of the interdisciplinary team assembled for the purpose
of discharge planning shall include but not be limited to the case manager, the person, the
person's legal guardian or conservator, parents and near relatives, the person's advocate,
representatives of proposed community service providers, representatives of the regional
treatment center residential and training and habilitation services, a registered nurse if the
person has overriding medical needs that impact the delivery of services, and a qualified
developmental disability professional specializing in behavior management if the person
to be discharged has behaviors that may result in injury to self or others. The case manager
may also invite other service providers who have expertise in an area related to specific
service needs of the person to be discharged.
 deleted text end

deleted text begin (e) The interdisciplinary team shall review the proposed plan to assure that it identifies
service needs, availability of services, including support services, and the proposed providers'
abilities to meet the service needs identified in the person's individual service plan. The
interdisciplinary team shall review the most recent licensing reports of the proposed providers
and corrective action taken by the proposed provider, if required. The interdisciplinary team
shall review the current individual program plans for the person and agree to an interim
individual program plan to be followed for the first 30 days in the person's new living
arrangement. The interdisciplinary team may suggest revisions to the service plan, and all
team suggestions shall be documented. If the person is to be discharged to a community
intermediate care facility for persons with developmental disabilities, the team shall give
preference to facilities with a licensed capacity of 15 or fewer beds. Thirty days prior to the
date of discharge, the case manager shall send a final copy of the service plan to all invited
members of the team, the ombudsman, if the person is under public guardianship, and the
advocacy system established under United States Code, title 42, section 6042.
 deleted text end

new text begin (b) Assessment and support planning must be completed in accordance with requirements
identified in section 256B.0911.
 new text end

deleted text begin (f)deleted text end new text begin (c)new text end No discharge shall take place until disputes are resolved under section 256.045,
subdivision 4a, or until a review by the commissioner is completed upon request of the chief
executive officer or program director of the regional treatment center, or the county agency.
For persons under public guardianship, the ombudsman may request a review or hearing
under section 256.045. deleted text begin Notification schedules required under this subdivision may be waived
by members of the team when judged urgent and with agreement of the parents or near
relatives participating as members of the interdisciplinary team.
deleted text end

Sec. 26.

Minnesota Statutes 2022, section 256B.093, subdivision 1, is amended to read:


Subdivision 1.

State traumatic brain injury program.

(a) The commissioner of human
services shall:

(1) maintain a statewide traumatic brain injury program;

(2) supervise and coordinate services and policies for persons with traumatic brain
injuries;

(3) contract with qualified agencies or employ staff to provide statewide administrative
case management and consultation;

(4) maintain an advisory committee to provide recommendations in reports to the
commissioner regarding program and service needs of persons with brain injuries;

(5) investigate the need for the development of rules or statutes for the brain injury home
and community-based services waiver; and

(6) investigate present and potential models of service coordination which can be
delivered at the local level.

(b) The advisory committee required by paragraph (a), clause (4), must consist of no
fewer than ten members and no more than 30 members. The commissioner shall appoint
all advisory committee members to one- or two-year terms and appoint one member as
chair. deleted text begin The advisory committee expires on June 30, 2023.
deleted text end

Sec. 27.

Minnesota Statutes 2022, section 256B.439, is amended by adding a subdivision
to read:


new text begin Subd. 2b. new text end

new text begin Demographic information for home and community-based services quality
profiles. new text end

new text begin For purposes of including in the home and community-based services quality
profiles relevant information for consumers on the populations served by providers and for
other data analysis, the commissioner may request from providers the following summary
data about clients served by the provider: (1) age; (2) race; (3) ethnicity; and (4) gender
identity. For the purposes of this subdivision, summary data has the meaning given in section
13.02, subdivision 19. Providers must furnish the summary data only if the data on individuals
is available to the provider. A provider is not required to collect any demographic data from
clients for the sole purpose of providing the information requested by the commissioner
under this subdivision. If a provider furnishes the requested summary data to the
commissioner, the provider must provide notice to clients and associated key representatives
that the client's demographic information was included in the summary data provided to the
commissioner.
 new text end

Sec. 28.

Minnesota Statutes 2022, section 256B.439, subdivision 3d, is amended to read:


Subd. 3d.

Resident experience survey and family survey for assisted living
facilities.

The commissioner shall develop and administer a resident experience survey for
assisted living facility residents and a family survey for families of assisted living facility
residents. Money appropriated to the commissioner to administer the resident experience
survey and family survey is available in either fiscal year of the biennium in which it is
appropriated.new text begin Assisted living facilities licensed under chapter 144G must participate in the
surveys when the commissioner requests their participation.
new text end

Sec. 29.

Minnesota Statutes 2022, section 256B.492, is amended to read:


256B.492 HOME AND COMMUNITY-BASED SETTINGS FOR PEOPLE WITH
DISABILITIES.

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

new text begin (b) "Community-living setting" means a single-family home or multifamily dwelling
unit where a service recipient or a service recipient's family owns or rents and maintains
control over the individual unit as demonstrated by a lease agreement. Community-living
setting does not include a home or dwelling unit that the service provider owns, operates,
or leases or in which the service provider has a direct or indirect financial interest.
 new text end

new text begin (c) "Controlling individual" has the meaning given in section 245A.02, subdivision 5a.
 new text end

new text begin (d) "License holder" has the meaning given in section 245A.02, subdivision 9.
 new text end

new text begin Subd. 2. new text end

new text begin Home and community-based waiver settings. new text end

(a) Individuals receiving services
under a home and community-based waiver under section 256B.092 or 256B.49 may receive
services in the following settings:

(1) home and community-based settings that comply with all requirements identified by
the federal Centers for Medicare and Medicaid Services in the Code of Federal Regulations,
title 42, section 441.301(c), and with the requirements of the federally approved transition
plan and waiver plans for each home and community-based services waiver; and

(2) settings required by the Housing Opportunities for Persons with AIDS Program.

(b) The settings in paragraph (a) must not have the qualities of an institution which
include, but are not limited to: regimented meal and sleep times, limitations on visitors, and
lack of privacy. Restrictions agreed to and documented in the person's individual service
plan shall not result in a residence having the qualities of an institution as long as the
restrictions for the person are not imposed upon others in the same residence and are the
least restrictive alternative, imposed for the shortest possible time to meet the person's needs.

new text begin Subd. 3. new text end

new text begin Community-living settings. new text end

new text begin (a) Individuals receiving services under a home
and community-based waiver under section 256B.092 or 256B.49 may receive services in
community-living settings. Community-living settings must meet the requirements of
subdivision 2, paragraph (a), clause (1).
 new text end

new text begin (b) For the purposes of this section, direct financial interest exists if payment passes
between the license holder or any controlling individual of a licensed program and the
service recipient or an entity acting on the service recipient's behalf for the purpose of
obtaining or maintaining a dwelling. For the purposes of this section, indirect financial
interest exists if the license holder or any controlling individual of a licensed program has
an ownership or investment interest in the entity that owns, operates, leases, or otherwise
receives payment from the service recipient or an entity acting on the service recipient's
behalf for the purpose of obtaining or maintaining a dwelling.
 new text end

new text begin (c) To ensure a service recipient or the service recipient's family maintains control over
the home or dwelling unit, community-living settings are subject to the following
requirements:
 new text end

new text begin (1) service recipients must not be required to receive services or share services;
 new text end

new text begin (2) service recipients must not be required to have a disability or specific diagnosis to
live in the community-living setting;
 new text end

new text begin (3) service recipients may hire service providers of their choice;
 new text end

new text begin (4) service recipients may choose whether to share their household and with whom;
 new text end

new text begin (5) the home or multifamily dwelling unit must include living, sleeping, bathing, and
cooking areas;
 new text end

new text begin (6) service recipients must have lockable access and egress;
 new text end

new text begin (7) service recipients must be free to receive visitors and leave the settings at times and
for durations of their own choosing;
 new text end

new text begin (8) leases must comply with chapter 504B;
 new text end

new text begin (9) landlords must not charge different rents to tenants who are receiving home and
community-based services; and
 new text end

new text begin (10) access to the greater community must be easily facilitated based on the service
recipient's needs and preferences.
 new text end

new text begin (d) Nothing in this section prohibits a service recipient from having another person or
entity not affiliated with the service provider cosign a lease. Nothing in this section prohibits
a service recipient, during any period in which a service provider has cosigned the service
recipient's lease, from modifying services with an existing cosigning service provider and,
subject to the approval of the landlord, maintaining a lease cosigned by the service provider.
Nothing in this section prohibits a service recipient, during any period in which a service
provider has cosigned the service recipient's lease, from terminating services with the
cosigning service provider, receiving services from a new service provider, or, subject to
the approval of the landlord, maintaining a lease cosigned by the new service provider.
 new text end

new text begin (e) A lease cosigned by a service provider meets the requirements of paragraph (b) if
the service recipient and service provider develop and implement a transition plan which
must provide that, within two years of cosigning the initial lease, the service provider shall
transfer the lease to the service recipient and other cosigners, if any.
 new text end

new text begin (f) In the event the landlord has not approved the transfer of the lease within two years
of the service provider cosigning the initial lease, the service provider must submit a
time-limited extension request to the commissioner of human services to continue the
cosigned lease arrangement. The extension request must include:
 new text end

new text begin (1) the reason the landlord denied the transfer;
 new text end

new text begin (2) the plan to overcome the denial to transfer the lease;
 new text end

new text begin (3) the length of time needed to successfully transfer the lease, not to exceed an additional
two years;
 new text end

new text begin (4) a description of how the transition plan was followed, what occurred that led to the
landlord denying the transfer, and what changes in circumstances or condition, if any, the
service recipient experienced; and
 new text end

new text begin (5) a revised transition plan to transfer the cosigned lease between the service provider
and the service recipient to the service recipient.
 new text end

new text begin (g) The commissioner must approve an extension under paragraph (f) within sufficient
time to ensure the continued occupancy by the service recipient.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective upon federal approval. The commissioner
of human services shall notify the revisor of statutes when federal approval is obtained.
 new text end

Sec. 30.

Minnesota Statutes 2022, section 256B.493, subdivision 2a, is amended to read:


Subd. 2a.

Closure process.

(a) The commissioner shall work with stakeholders to
establish a process for the application, review, approval, and implementation of setting
closures. Voluntary proposals from license holders for consolidation and closure of adult
foster care or community residential settings are encouraged. Whether voluntary or
involuntary, all closure plans must include:

(1) a description of the proposed closure plan, identifying the home or homes and
occupied beds;

(2) the proposed timetable for the proposed closure, including the proposed dates for
notification to people living there and the affected lead agencies, commencement of closure,
and completion of closure;

(3) the proposed relocation plan jointly developed by the counties of financial
responsibility, the people living there and their legal representatives, if any, who wish to
continue to receive services from the provider, and the providers for current residents of
any adult foster care home designated for closure; and

(4) documentation from the provider in a format approved by the commissioner that all
the adult foster care homes or community residential settings receiving a planned closure
rate adjustment under the plan have accepted joint and severable for recovery of
overpayments under section 256B.0641, subdivision 2, for the facilities designated for
closure under this plan.

(b) The commissioner shall give first priority to closure plans which:

(1) target counties and geographic areas which have:

(i) need for other types of services;

(ii) need for specialized services;

(iii) higher than average per capita use of licensed corporate foster care or community
residential settings; or

(iv) residents not living in the geographic area of their choice;

(2) demonstrate savings of medical assistance expenditures; and

(3) demonstrate that alternative services are based on the recipient's choice of provider
and are consistent with federal law, state law, and federally approved waiver plans.

The commissioner shall also consider any information provided by people using services,
their legal representatives, family members, or the lead agency on the impact of the planned
closure on people and the services they need.

deleted text begin (c) For each closure plan approved by the commissioner, a contract must be established
between the commissioner, the counties of financial responsibility, and the participating
license holder.
 deleted text end

Sec. 31.

Minnesota Statutes 2022, section 256B.493, subdivision 4, is amended to read:


Subd. 4.

Review and approval process.

(a) To be considered for approval, an application
must include:

(1) a description of the proposed closure plan, which must identify the home or homes
and occupied beds for which a planned closure rate adjustment is requested;

(2) the proposed timetable for any proposed closure, including the proposed dates for
notification to residents and the affected lead agencies, commencement of closure, and
completion of closure;

(3) the proposed relocation plan jointly developed by the counties of financial
responsibility, the residents and their legal representatives, if any, who wish to continue to
receive services from the provider, and the providers for current residents of any adult foster
care home designated for closure; and

(4) documentation in a format approved by the commissioner that all the adult foster
care homes receiving a planned closure rate adjustment under the plan have accepted joint
and several liability for recovery of overpayments under section 256B.0641, subdivision 2,
for the facilities designated for closure under this plan.

(b) In reviewing and approving closure proposals, the commissioner shall give first
priority to proposals that:

(1) target counties and geographic areas which have:

(i) need for other types of services;

(ii) need for specialized services;

(iii) higher than average per capita use of foster care settings where the license holder
does not reside; or

(iv) residents not living in the geographic area of their choice;

(2) demonstrate savings of medical assistance expenditures; and

(3) demonstrate that alternative services are based on the recipient's choice of provider
and are consistent with federal law, state law, and federally approved waiver plans.

The commissioner shall also consider any information provided by service recipients,
their legal representatives, family members, or the lead agency on the impact of the planned
closure on the recipients and the services they need.

(c) The commissioner shall select proposals that best meet the criteria established in this
subdivision for planned closure of adult foster care settings. The commissioner shall notify
license holders of the selections approved by the commissioner.

deleted text begin (d) For each proposal approved by the commissioner, a contract must be established
between the commissioner, the counties of financial responsibility, and the participating
license holder.
 deleted 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

Sec. 32.

Minnesota Statutes 2022, section 256S.202, subdivision 1, is amended to read:


Subdivision 1.

Customized living monthly service rate limits.

(a) Except for a
participant assigned to case mix classification L, as described in section 256S.18, subdivision
1, paragraph (b), the customized living monthly service rate limit shall not exceed 50 percent
of the monthly case mix budget cap, deleted text begin less the maintenance needs allowance,deleted text end adjusted at least
annually in the manner described under section 256S.18, subdivisions 5 and 6.

(b) The customized living monthly service rate limit for participants assigned to case
mix classification L must be the monthly service rate limit for participants assigned to case
mix classification A, reduced by 25 percent.

Sec. 33.

Minnesota Statutes 2022, section 524.5-104, is amended to read:


524.5-104 FACILITY OF TRANSFER.

(a) A person who may transfer money or personal property to a minor may do so, as to
an amount or value not exceeding the amount allowable as a tax exclusion gift under section
2503(b) of the Internal Revenue Code or a different amount that is approved by the court,
by transferring it to:

(1) a person who has the care and custody of the minor and with whom the minor resides;

(2) a guardian of the minor;

(3) a custodian under the Uniform Transfers To Minors Act or custodial trustee under
the Uniform Custodial Trust Act;

(4) a financial institution as a deposit in an interest-bearing account or certificate in the
sole name of the minor and giving notice of the deposit to the minor; or

(5) an ABLE account. A guardian only has the authority to establish an ABLE account.
The guardian may not administer the ABLE account in the guardian's capacity as guardian.new text begin
The guardian may appoint or name a person to exercise signature authority over an ABLE
account, including the individual selected by the eligible individual or the eligible individual's
agent under a power of attorney, conservator, spouse, parent, sibling, grandparent, or
representative payee, whether an individual or organization, appointed by the Social Security
Administration, in that order.
new text end

(b) This section does not apply if the person making payment or delivery knows that a
conservator has been appointed or that a proceeding for appointment of a conservator of
the minor is pending.

(c) A person who transfers money or property in compliance with this section is not
responsible for its proper application.

(d) A guardian or other person who receives money or property for a minor under
paragraph (a), clause (1) or (2), may only apply it to the support, care, education, health,
and welfare of the minor, and may not derive a personal financial benefit except for
reimbursement for necessary expenses. Any excess must be preserved for the future support,
care, education, health, and welfare of the minor and any balance must be transferred to the
minor upon emancipation or attaining majority.

new text begin EFFECTIVE DATE. new text end

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

Sec. 34.

Minnesota Statutes 2022, section 524.5-313, is amended to read:


524.5-313 POWERS AND DUTIES OF GUARDIAN.

(a) A guardian shall be subject to the control and direction of the court at all times and
in all things.

(b) The court shall grant to a guardian only those powers necessary to provide for the
demonstrated needs of the person subject to guardianship.

(c) The court may appoint a guardian if it determines that all the powers and duties listed
in this section are needed to provide for the needs of the incapacitated person. The court
may also appoint a guardian if it determines that a guardian is needed to provide for the
needs of the incapacitated person through the exercise of some, but not all, of the powers
and duties listed in this section. The duties and powers of a guardian or those which the
court may grant to a guardian include, but are not limited to:

(1) the power to have custody of the person subject to guardianship and the power to
establish a place of abode within or outside the state, except as otherwise provided in this
clause. The person subject to guardianship or any interested person may petition the court
to prevent or to initiate a change in abode. A person subject to guardianship may not be
admitted to a regional treatment center by the guardian except:

(i) after a hearing under chapter 253B;

(ii) for outpatient services; or

(iii) for the purpose of receiving temporary care for a specific period of time not to
exceed 90 days in any calendar year;

(2) the duty to provide for the care, comfort, and maintenance needs of the person subject
to guardianship, including food, clothing, shelter, health care, social and recreational
requirements, and, whenever appropriate, training, education, and habilitation or
rehabilitation. The guardian has no duty to pay for these requirements out of personal funds.
Whenever possible and appropriate, the guardian should meet these requirements through
governmental benefits or services to which the person subject to guardianship is entitled,
rather than from the estate of the person subject to guardianship. Failure to satisfy the needs
and requirements of this clause shall be grounds for removal of a private guardian, but the
guardian shall have no personal or monetary liability;

(3) the duty to take reasonable care of the clothing, furniture, vehicles, and other personal
effects of the person subject to guardianship, and, if other property requires protection, the
power to seek appointment of a conservator of the estate. The guardian must give notice by
mail to interested persons prior to the disposition of the clothing, furniture, vehicles, or
other personal effects of the person subject to guardianship. The notice must inform the
person of the right to object to the disposition of the property within ten days of the date of
mailing and to petition the court for a review of the guardian's proposed actions. Notice of
the objection must be served by mail or personal service on the guardian and the person
subject to guardianship unless the person subject to guardianship is the objector. The guardian
served with notice of an objection to the disposition of the property may not dispose of the
property unless the court approves the disposition after a hearing;

(4)(i) the power to give any necessary consent to enable the person subject to guardianship
to receive necessary medical or other professional care, counsel, treatment, or service, except
that no guardian may give consent for psychosurgery, electroshock, sterilization, or
experimental treatment of any kind unless the procedure is first approved by order of the
court as provided in this clause. The guardian shall not consent to any medical care for the
person subject to guardianship which violates the known conscientious, religious, or moral
belief of the person subject to guardianship;

(ii) a guardian who believes a procedure described in item (i) requiring prior court
approval to be necessary for the proper care of the person subject to guardianship, shall
petition the court for an order and, in the case of a public guardianship under chapter 252A,
obtain the written recommendation of the commissioner of human services. The court shall
fix the time and place for the hearing and shall give notice to the person subject to
guardianship in such manner as specified in section 524.5-308 and to interested persons.
The court shall appoint an attorney to represent the person subject to guardianship who is
not represented by counsel, provided that such appointment shall expire upon the expiration
of the appeal time for the order issued by the court under this section or the order dismissing
a petition, or upon such other time or event as the court may direct. In every case the court
shall determine if the procedure is in the best interest of the person subject to guardianship.
In making its determination, the court shall consider a written medical report which
specifically considers the medical risks of the procedure, whether alternative, less restrictive
methods of treatment could be used to protect the best interest of the person subject to
guardianship, and any recommendation of the commissioner of human services for a public
person subject to guardianship. The standard of proof is that of clear and convincing evidence;

(iii) in the case of a petition for sterilization of a person with developmental disabilities
subject to guardianship, the court shall appoint a licensed physician, a psychologist who is
qualified in the diagnosis and treatment of developmental disability, and a social worker
who is familiar with the social history and adjustment of the person subject to guardianship
or the case manager for the person subject to guardianship to examine or evaluate the person
subject to guardianship and to provide written reports to the court. The reports shall indicate
why sterilization is being proposed, whether sterilization is necessary and is the least intrusive
method for alleviating the problem presented, and whether it is in the best interest of the
person subject to guardianship. The medical report shall specifically consider the medical
risks of sterilization, the consequences of not performing the sterilization, and whether
alternative methods of contraception could be used to protect the best interest of the person
subject to guardianship;

(iv) any person subject to guardianship whose right to consent to a sterilization has not
been restricted under this section or section 252A.101 may be sterilized only if the person
subject to guardianship consents in writing or there is a sworn acknowledgment by an
interested person of a nonwritten consent by the person subject to guardianship. The consent
must certify that the person subject to guardianship has received a full explanation from a
physician or registered nurse of the nature and irreversible consequences of the sterilization;

(v) a guardian or the public guardian's designee who acts within the scope of authority
conferred by letters of guardianship under section 252A.101, subdivision 7, and according
to the standards established in this chapter or in chapter 252A shall not be civilly or criminally
liable for the provision of any necessary medical care, including, but not limited to, the
administration of psychotropic medication or the implementation of aversive and deprivation
procedures to which the guardian or the public guardian's designee has consented;

(5) in the event there is no duly appointed conservator of the estate of the person subject
to guardianship, the guardian shall have the power to approve or withhold approval of any
contract, except for necessities, which the person subject to guardianship may make or wish
to make;

(6) the duty and power to exercise supervisory authority over the person subject to
guardianship in a manner which limits civil rights and restricts personal freedom only to
the extent necessary to provide needed care and services. A guardian may not restrict the
ability of the person subject to guardianship to communicate, visit, or interact with others,
including receiving visitors or making or receiving telephone calls, personal mail, or
electronic communications including through social media, or participating in social activities,
unless the guardian has good cause to believe restriction is necessary because interaction
with the person poses a risk of significant physical, psychological, or financial harm to the
person subject to guardianship, and there is no other means to avoid such significant harm.
In all cases, the guardian shall provide written notice of the restrictions imposed to the court,
to the person subject to guardianship, and to the person subject to restrictions. The person
subject to guardianship or the person subject to restrictions may petition the court to remove
or modify the restrictions;

(7) if there is no acting conservator of the estate for the person subject to guardianship,
the guardian has the power to apply on behalf of the person subject to guardianship for any
assistance, services, or benefits available to the person subject to guardianship through any
unit of government;

(8) unless otherwise ordered by the court, the person subject to guardianship retains the
right to vote;

(9) the power to establish an ABLE account for a person subject to guardianship or
conservatorship. By this provision a guardian only has the authority to establish an ABLE
account, but may not administer the ABLE account in the guardian's capacity as guardiannew text begin .
The guardian may appoint or name a person to exercise signature authority over an ABLE
account, including the individual selected by the eligible individual or the eligible individual's
agent under a power of attorney; conservator; spouse; parent; sibling; grandparent; or
representative payee, whether an individual or organization, appointed by the SSA, in that
ordernew text end ; and

(10) if there is no conservator appointed for the person subject to guardianship, the
guardian has the duty and power to institute suit on behalf of the person subject to
guardianship and represent the person subject to guardianship in expungement proceedings,
harassment proceedings, and all civil court proceedings, including but not limited to
restraining orders, orders for protection, name changes, conciliation court, housing court,
family court, probate court, and juvenile court, provided that a guardian may not settle or
compromise any claim or debt owed to the estate without court approval.

new text begin EFFECTIVE DATE. new text end

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

Sec. 35.

Laws 2021, First Special Session chapter 7, article 2, section 17, the effective
date, is amended to read:


EFFECTIVE DATE.

This section is effective July 1, 2021, except deleted text begin subdivision 6,
paragraph (b), is effective upon federal approval anddeleted text end subdivision 15 is effective the day
following final enactment. deleted text begin The commissioner of human services shall notify the revisor of
statutes when federal approval is obtained.
deleted text end

Sec. 36.

Laws 2021, First Special Session chapter 7, article 6, section 12, the effective
date, is amended to read:


EFFECTIVE DATE.

This section is effective July 1, 2021deleted text begin , or upon federal approval,
whichever is laterdeleted text end . deleted text begin The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
deleted text end

Sec. 37.

Laws 2021, First Special Session chapter 7, article 11, section 18, the effective
date, is amended to read:


EFFECTIVE DATE.

This section is effective July 1, 2021, deleted text begin or upon federal approval,
whichever is later,deleted text end except paragraph (f) is effective the day following final enactment. deleted text begin The
commissioner shall notify the revisor of statutes when federal approval is obtained.
deleted text end

Sec. 38.

Laws 2021, First Special Session chapter 7, article 13, section 43, the effective
date, is amended to read:


EFFECTIVE DATE.

This section is effective January 1, 2022deleted text begin , or upon federal approval,
whichever is later, except the fifth sentence in paragraph (d) is effective January 1, 2022deleted text end .
deleted text begin The commissioner of human services shall notify the revisor of statutes when federal approval
is obtained.
deleted text end

Sec. 39.

Laws 2022, chapter 98, article 4, section 37, the effective date, is amended to
read:


EFFECTIVE DATE.

This section is effective July 1, 2022deleted text begin , or upon federal approval,
whichever is laterdeleted text end . deleted text begin The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
deleted text end

Sec. 40. new text begin DIRECTION TO COMMISSIONER; BRAIN INJURY AND COMMUNITY
ACCESS FOR DISABILITY INCLUSION WAIVER CUSTOMIZED LIVING
SERVICES PROVIDERS LOCATED IN HENNEPIN AND ITASCA COUNTIES.
new text end

new text begin The commissioner of human services shall determine the brain injury (BI) or community
access for disability inclusion (CADI) waiver customized living and 24-hour customized
living size limitation exception applies to:
 new text end

new text begin (1) two United States Department of Housing and Urban Development-subsidized
housing settings created on September 29, 1980, that are located in the city of Minneapolis,
provide customized living and 24-hour customized living services for clients enrolled in
the BI and CADI waiver, and had a capacity to service six clients in the setting as of July
1, 2022; and
 new text end

new text begin (2) one United States Department of Housing and Urban Development-subsidized housing
setting created on April 15, 1991, that is located in the city of Grand Rapids, provides
customized living and 24-hour customized living services for clients enrolled in the BI and
CADI waiver, and had a capacity to service eight clients in the setting as of July 1, 2022.
 new text end

Sec. 41. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, sections 254B.13, subdivisions 1, 2, 2a, 4, 5, 6, 7, and 8;
254B.16; 256.041, subdivision 10; 256B.49, subdivision 23; and 260.835, subdivision 2, new text end new text begin
are repealed.
 new text end

new text begin EFFECTIVE DATE. new text end

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

ARTICLE 4

MISCELLANEOUS

Section 1.

Minnesota Statutes 2022, section 148F.01, is amended by adding a subdivision
to read:


new text begin Subd. 14a. new text end

new text begin Former student. new text end

new text begin "Former student" means an individual who has completed
the educational requirements under section 148F.025, subdivision 2, or 148F.035, paragraph
(a).
 new text end

Sec. 2.

Minnesota Statutes 2022, section 148F.11, is amended by adding a subdivision to
read:


new text begin Subd. 2a. new text end

new text begin Former students. new text end

new text begin (a) A former student may practice alcohol and drug
counseling for 90 days from the former student's degree conferral date from an accredited
school or educational program or from the last date the former student received credit for
an alcohol and drug counseling course from an accredited school or educational program.
The former student's practice must be supervised by an alcohol and drug counselor or an
alcohol and drug counselor supervisor, as defined in section 245G.11. The former student's
practice is limited to the site where the student completed their internship or practicum. A
former student must be paid for work performed during the 90-day period.
 new text end

new text begin (b) The former student's right to practice automatically expires after 90 days from the
former student's degree conferral date or date of last course credit for an alcohol and drug
counseling course, whichever occurs last.
 new text end

Sec. 3.

Minnesota Statutes 2022, 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, chemical dependency, or detoxification. 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.

(f) If a Minnesota resident is admitted to a facility in a bordering state under this chapter,
deleted text begin a physician, a licensed psychologist who has a doctoral degree in psychology, or an advanced
practice registered nurse certified in mental health,deleted text end new text begin an individualnew text end who is licensed in the
bordering state, may act as a court 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 deleted text begin 7deleted text end new text begin 4dnew text end . An examiner under section 253B.02, subdivision 7, may initiate an
emergency hold under section 253B.051 on a Minnesota resident who is in a hospital that
is under contract with a Minnesota governmental entity under this section provided the
resident, in the opinion of the examiner, meets the criteria in section 253B.051.

(g) This section shall apply to detoxification services that are unrelated to treatment
whether the services are provided on a voluntary or involuntary basis.

Sec. 4.

Minnesota Statutes 2022, section 245A.19, is amended to read:


245A.19 HIV TRAINING IN SUBSTANCE USE DISORDER TREATMENT
PROGRAM.

(a) Applicants and license holders for substance use disorder residential and nonresidential
programs must demonstrate compliance with HIV minimum standards deleted text begin prior todeleted text end new text begin beforenew text end their
application deleted text begin beingdeleted text end new text begin isnew text end complete. The HIV minimum standards contained in the HIV-1
Guidelines for substance use disorder treatment and care programs in Minnesota are not
subject to rulemaking.

(b) deleted text begin Ninety days after April 29, 1992,deleted text end The applicant or license holder shall orient all
substance use disorder treatment staff and clients to the HIV minimum standards. Thereafter,
orientation shall be provided to all staff and clients, within 72 hours of employment or
admission to the program. In-service training shall be provided to all staff on at least an
annual basis and the license holder shall maintain records of training and attendance.

(c) The license holder shall maintain a list of referral sources for the purpose of making
necessary referrals of clients to HIV-related services. The list of referral services shall be
updated at least annually.

(d) Written policies and procedures, consistent with HIV minimum standards, shall be
developed and followed by the license holder. All policies and procedures concerning HIV
minimum standards shall be approved by the commissioner. The commissioner deleted text begin shall provide
training on HIV minimum standards to applicantsdeleted text end new text begin must outline the content required in the
annual staff training under paragraph (b)new text end .

(e) The commissioner may permit variances from the requirements in this section. License
holders seeking variances must follow the procedures in section 245A.04, subdivision 9.

Sec. 5.

Minnesota Statutes 2022, section 245F.04, subdivision 1, is amended to read:


Subdivision 1.

General application and license requirements.

An applicant for licensure
as a clinically managed withdrawal management program or medically monitored withdrawal
management program must meet the following requirements, except where otherwise noted.
All programs must comply with federal requirements and the general requirements in sections
626.557 and 626.5572 and chapters 245A, 245C, and 260E. A withdrawal management
program must be located in a hospital licensed under sections 144.50 to 144.581, or must
be a supervised living facility with a class new text begin A or new text end B license from the Department of Health
under Minnesota Rules, parts 4665.0100 to 4665.9900.

Sec. 6.

Minnesota Statutes 2022, section 245G.06, subdivision 2b, is amended to read:


Subd. 2b.

Client record documentation requirements.

(a) The license holder must
document in the client record any significant event that occurs at the program deleted text begin on the daydeleted text end
new text begin within 24 hours of new text end the event deleted text begin occursdeleted text end . A significant event is an event that impacts the client's
relationship with other clients, staff, or the client's family, or the client's treatment plan.

(b) A residential treatment program must document in the client record the following
items on the day that each occurs:

(1) medical and other appointments the client attended;

(2) concerns related to medications that are not documented in the medication
administration record; and

(3) concerns related to attendance for treatment services, including the reason for any
client absence from a treatment service.

(c) Each entry in a client's record must be accurate, legible, signed, dated, and include
the job title or position of the staff person that made the entry. A late entry must be clearly
labeled "late entry." A correction to an entry must be made in a way in which the original
entry can still be read.

Sec. 7.

Minnesota Statutes 2022, section 245G.22, subdivision 15, is amended to read:


Subd. 15.

Nonmedication treatment services; documentation.

(a) The program must
offer at least 50 consecutive minutes of individual or group therapy treatment services as
defined in section 245G.07, subdivision 1, paragraph (a), clause (1), per week, for the first
ten weeks following the day of service initiation, and at least 50 consecutive minutes per
month thereafter. As clinically appropriate, the program may offer these services cumulatively
and not consecutively in increments of no less than 15 minutes over the required time period,
and for a total of 60 minutes of treatment services over the time period, and must document
the reason for providing services cumulatively in the client's record. The program may offer
additional levels of service when deemed clinically necessary.

(b) Notwithstanding the requirements of comprehensive assessments in section 245G.05,
the assessment must be completed within 21 days from the day of service initiation.

(c) Notwithstanding the requirements of individual treatment plans set forth in section
245G.06:

(1) treatment plan contents for a maintenance client are not required to include goals
the client must reach to complete treatment and have services terminated;

(2) treatment plans for a client in a taper or detox status must include goals the client
must reach to complete treatment and have services terminated; and

(3) for the ten weeks following the day of service initiation for all new admissions,
readmissions, and transfers, a weekly treatment plan review must be documented once the
treatment plan is completed. Subsequently, the counselor must document treatment plan
reviews in the six dimensions at least once deleted text begin monthlydeleted text end new text begin every three monthsnew text end or, when clinical
need warrants, more frequently.

Sec. 8.

Minnesota Statutes 2022, section 245G.22, subdivision 17, is amended to read:


Subd. 17.

Policies and procedures.

(a) A license holder must develop and maintain the
policies and procedures required in this subdivision.

(b) For a program that is not open every day of the year, the license holder must maintain
a policy and procedure that covers requirements under section 245G.22, subdivisions 6 and
7. Unsupervised use of medication used for the treatment of opioid use disorder for days
that the program is closed for business, including but not limited to Sundays and state and
federal holidays, must meet the requirements under section 245G.22, subdivisions 6 and 7.

(c) The license holder must maintain a policy and procedure that includes specific
measures to reduce the possibility of diversion. The policy and procedure must:

(1) specifically identify and define the responsibilities of the medical and administrative
staff for performing diversion control measures; and

(2) include a process for contacting no less than five percent of clients who have
unsupervised use of medication, excluding clients approved solely under subdivision 6,
paragraph (a), to require clients to physically return to the program each month. The system
must require clients to return to the program within a stipulated time frame and turn in all
unused medication containers related to opioid use disorder treatment. The license holder
must document all related contacts on a central log and the outcome of the contact for each
client in the client's record. The medical director must be informed of each outcome that
results in a situation in which a possible diversion issue was identified.

(d) Medication used for the treatment of opioid use disorder must be ordered,
administered, and dispensed according to applicable state and federal regulations and the
standards set by applicable accreditation entities. If a medication order requires assessment
by the person administering or dispensing the medication to determine the amount to be
administered or dispensed, the assessment must be completed by an individual whose
professional scope of practice permits an assessment. For the purposes of enforcement of
this paragraph, the commissioner has the authority to monitor the person administering or
dispensing the medication for compliance with state and federal regulations and the relevant
standards of the license holder's accreditation agency and may issue licensing actions
according to sections 245A.05, 245A.06, and 245A.07, based on the commissioner's
determination of noncompliance.

(e) A counselor in an opioid treatment programnew text begin must supervise clients at a level sufficient
to ensure that patients have reasonable and prompt access to the counselor and receive
counseling services at the required frequency and intensity butnew text end must not supervise more
than deleted text begin 50deleted text end new text begin 75new text end clients.

Sec. 9.

Minnesota Statutes 2022, section 253B.10, subdivision 1, is amended to read:


Subdivision 1.

Administrative requirements.

(a) When a person is committed, the
court shall issue a warrant or an order committing the patient to the custody of the head of
the treatment facility, state-operated treatment program, or community-based treatment
program. The warrant or order shall state that the patient meets the statutory criteria for
civil commitment.

(b) The commissioner shall prioritize patients being admitted from jail or a correctional
institution who are:

(1) ordered confined in a state-operated treatment program for an examination under
Minnesota Rules of Criminal Procedure, rules 20.01, subdivision 4, paragraph (a), and
20.02, subdivision 2;

(2) under civil commitment for competency treatment and continuing supervision under
Minnesota Rules of Criminal Procedure, rule 20.01, subdivision 7;

(3) found not guilty by reason of mental illness under Minnesota Rules of Criminal
Procedure, rule 20.02, subdivision 8, and under civil commitment or are ordered to be
detained in a state-operated treatment program pending completion of the civil commitment
proceedings; or

(4) committed under this chapter to the commissioner after dismissal of the patient's
criminal charges.

Patients described in this paragraph must be admitted to a state-operated treatment program
within 48 hoursnew text begin of the filing of the warrant or order for commitmentnew text end . The commitment must
be ordered by the court as provided in section 253B.09, subdivision 1, paragraph (d).

(c) Upon the arrival of a patient at the designated treatment facility, state-operated
treatment program, or community-based treatment program, the head of the facility or
program shall retain the duplicate of the warrant and endorse receipt upon the original
warrant or acknowledge receipt of the order. The endorsed receipt or acknowledgment must
be filed in the court of commitment. After arrival, the patient shall be under the control and
custody of the head of the facility or program.

(d) Copies of the petition for commitment, the court's findings of fact and conclusions
of law, the court order committing the patient, the report of the court examiners, and the
prepetition report, and any medical and behavioral information available shall be provided
at the time of admission of a patient to the designated treatment facility or program to which
the patient is committed. Upon a patient's referral to the commissioner of human services
for admission pursuant to subdivision 1, paragraph (b), any inpatient hospital, treatment
facility, jail, or correctional facility that has provided care or supervision to the patient in
the previous two years shall, when requested by the treatment facility or commissioner,
provide copies of the patient's medical and behavioral records to the Department of Human
Services for purposes of preadmission planning. This information shall be provided by the
head of the treatment facility to treatment facility staff in a consistent and timely manner
and pursuant to all applicable laws.

Sec. 10.

new text begin [325F.725] SOBER HOME TITLE PROTECTION.
 new text end

new text begin No person or entity may use the phrase "sober home," whether alone or in combination
with other words and whether orally or in writing, to advertise, market, or otherwise describe,
offer, or promote itself, or any housing, service, service package, or program that it provides
within this state, unless the person or entity is a cooperative living residence, a room and
board residence, an apartment, or any other living accommodation that provides temporary
housing to persons with a substance use disorder, does not provide counseling or treatment
services to residents, promotes sustained recovery from substance use disorders, and follows
the sober living guidelines published by the federal Substance Abuse and Mental Health
Services Administration.
 new text end

Sec. 11.

Laws 2021, First Special Session chapter 7, article 17, section 20, is amended to
read:


Sec. 20. HCBS WORKFORCE DEVELOPMENT GRANT.

new text begin Subdivision 1. new text end

new text begin Appropriation. new text end

(a) This act includes $0 in fiscal year 2022 and $5,588,000
in fiscal year 2023 to address challenges related to attracting and maintaining direct care
workers who provide home and community-based services for people with disabilities and
older adults. The general fund base included in this act for this purpose is $5,588,000 in
fiscal year 2024 and $0 in fiscal year 2025.

(b) At least 90 percent of funding for this provision must be directed to workers who
earn deleted text begin 200deleted text end new text begin 300new text end percent or less of the most current federal poverty level issued by the United
States Department of Health and Human Services.

(c) The commissioner must consult with stakeholders to finalize a report detailing the
final plan for use of the funds. The commissioner must publish the report by March 1, 2022,
and notify the chairs and ranking minority members of the legislative committees with
jurisdiction over health and human services policy and finance.

new text begin Subd. 2. new text end

new text begin Public assistance eligibility. new text end

new text begin Notwithstanding any law to the contrary, workforce
development grant money received under this section is not income, assets, or personal
property for purposes of determining eligibility or recertifying eligibility for:
 new text end

new text begin (1) child care assistance programs under Minnesota Statutes, chapter 119B;
 new text end

new text begin (2) general assistance, Minnesota supplemental aid, and food support under Minnesota
Statutes, chapter 256D;
 new text end

new text begin (3) housing support under Minnesota Statutes, chapter 256I;
 new text end

new text begin (4) Minnesota family investment program and diversionary work program under
Minnesota Statutes, chapter 256J; and
 new text end

new text begin (5) economic assistance programs under Minnesota Statutes, chapter 256P.
 new text end

new text begin Subd. 3. new text end

new text begin Medical assistance eligibility. new text end

new text begin Notwithstanding any law to the contrary,
workforce development grant money received under this section is not income or assets for
the purposes of determining eligibility for medical assistance under Minnesota Statutes,
section 256B.056, subdivision 1a, paragraph (a); 3; or 3c; or 256B.057, subdivision 3, 3a,
or 3b.
 new text end

APPENDIX

Repealed Minnesota Statutes: S2818-1

169A.70 ALCOHOL SAFETY PROGRAMS; CHEMICAL USE ASSESSMENTS.

No active language found for: 169A.70.6

245G.22 OPIOID TREATMENT PROGRAMS.

No active language found for: 245G.22.19

254A.02 DEFINITIONS.

No active language found for: 254A.02.8a

254A.16 RESPONSIBILITIES OF THE COMMISSIONER.

No active language found for: 254A.16.6

254A.19 CHEMICAL USE ASSESSMENTS.

No active language found for: 254A.19.1a

No active language found for: 254A.19.2

No active language found for: 254A.19.5

254B.04 ELIGIBILITY FOR BEHAVIORAL HEALTH FUND SERVICES.

No active language found for: 254B.04.2b

No active language found for: 254B.04.2c

No active language found for: 254B.041.2

No active language found for: 254B.13.1

No active language found for: 254B.13.2

No active language found for: 254B.13.2a

No active language found for: 254B.13.4

No active language found for: 254B.13.5

No active language found for: 254B.13.6

No active language found for: 254B.13.7

No active language found for: 254B.13.8

No active language found for: 254B.16

256.041 CULTURAL AND ETHNIC COMMUNITIES LEADERSHIP COUNCIL.

No active language found for: 256.041.10

256B.49 HOME AND COMMUNITY-BASED SERVICE WAIVERS FOR PERSONS WITH DISABILITIES.

No active language found for: 256B.49.23

260.835 AMERICAN INDIAN CHILD WELFARE ADVISORY COUNCIL.

No active language found for: 260.835.2

Repealed Minnesota Rule: S2818-1

Subpart 1.

[Repealed, L 2023 c 50 art 2 s 63]

Subp. 2.

[Repealed, L 2023 c 50 art 2 s 63]

Subp. 5.

[Repealed, L 2023 c 50 art 2 s 63]

Subp. 6.

[Repealed, L 2023 c 50 art 2 s 63]

Subp. 7.

[Repealed, L 2023 c 50 art 2 s 63]

Subp. 8.

[Repealed, L 2023 c 50 art 2 s 63]

Subp. 9.

[Repealed, L 2023 c 50 art 2 s 63]

Subp. 10.

[Repealed, L 2023 c 50 art 2 s 63]

Subp. 11.

[Repealed, L 2023 c 50 art 2 s 63]

Subp. 13.

[Repealed, L 2023 c 50 art 2 s 63]

Subp. 14.

[Repealed, L 2023 c 50 art 2 s 63]

Subp. 15.

[Repealed, L 2023 c 50 art 2 s 63]

Subp. 17a.

[Repealed, L 2023 c 50 art 2 s 63]

Subp. 19.

[Repealed, L 2023 c 50 art 2 s 63]

Subp. 20.

[Repealed, L 2023 c 50 art 2 s 63]

Subp. 21.

[Repealed, L 2023 c 50 art 2 s 63]

9530.7005

[Repealed, L 2023 c 50 art 2 s 63]

9530.7010

[Repealed, L 2023 c 50 art 2 s 63]

9530.7012

[Repealed, L 2023 c 50 art 2 s 63]

Subpart 1.

[Repealed, L 2023 c 50 art 2 s 63]

Subp. 2a.

[Repealed, L 2023 c 50 art 2 s 63]

Subp. 4.

[Repealed, L 2023 c 50 art 2 s 63]

Subp. 5.

[Repealed, L 2023 c 50 art 2 s 63]

Subp. 6.

[Repealed, L 2023 c 50 art 2 s 63]

Subpart 1.

[Repealed, L 2023 c 50 art 2 s 63]

Subp. 1a.

[Repealed, L 2023 c 50 art 2 s 63]

Subp. 2.

[Repealed, L 2023 c 50 art 2 s 63]

9530.7021

[Repealed, L 2023 c 50 art 2 s 63]

Subpart 1.

[Repealed, L 2023 c 50 art 2 s 63]

9530.7025

[Repealed, L 2023 c 50 art 2 s 63]

Subpart 1.

[Repealed, L 2023 c 50 art 2 s 63]