SF 3062

as introduced - 92nd Legislature (2021 - 2022) Posted on 06/27/2022 08:45am

A bill for an act
relating to human services; expanding client services and supports; modifying
substance use disorder workforce provisions; preserving services and access;
requiring reports; amending Minnesota Statutes 2020, sections 144.226, by adding
a subdivision; 148F.11, by adding a subdivision; 171.06, by adding a subdivision;
245A.19; 245F.04, subdivision 1; 245G.01, by adding a subdivision; 245G.06,
subdivision 3, by adding subdivisions; 245G.07, by adding subdivisions; 245G.12;
254B.05, by adding a subdivision; 254B.12, by adding a subdivision; Minnesota
Statutes 2021 Supplement, sections 254B.05, subdivision 5; 254B.051; 256B.69,
subdivision 9f; Laws 2021, First Special Session chapter 7, article 11, section 38;
proposing coding for new law in Minnesota Statutes, chapters 116J; 144; repealing
Minnesota Statutes 2020, section 245G.05, subdivision 2.

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

ARTICLE 1

CLIENT SERVICES AND SUPPORTS

Section 1.

new text begin [116J.418] HOUSING FIDELITY BOND PROGRAM.
new text end

new text begin By January 1, 2023, the commissioner must request permission from the United States
Department of Labor to implement a five-year pilot program that provides housing fidelity
bonds for individuals who are on medical assistance under chapter 256B and are receiving,
or have received, substance use disorder treatment services within the last 12 months. This
pilot should be modeled after the existing employment fidelity bond program currently
funded through the United States Department of Labor and implemented by the Department
of Employment and Economic Development. The commissioner must confer with the
commissioner of human services to optimize the use of available housing stabilization
services when and where available to implement the pilot. During the implementation
process the commissioner must confer with key stakeholders including but not limited to:
individuals who have been through substance use disorder treatment, family members of a
person in recovery, health care treatment professionals, rental housing providers, housing
stabilization service providers, and any other stakeholders the commissioner deems necessary.
new text end

Sec. 2.

new text begin [144.2256] new text end new text begin CERTIFIED BIRTH RECORD FOR PERSONS ELIGIBLE FOR
MEDICAL ASSISTANCE.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin A subject of a birth record who is eligible for medical
assistance according to chapter 256B and who has been treated for a substance use disorder
within the last 12 months of application may apply to the state registrar or a local issuance
office for a certified birth record according to this section. The state registrar or local issuance
office shall issue a certified birth record or statement of no vital record found to a subject
of a birth record and waive all fees if the applicant meets the following conditions:
new text end

new text begin (1) a completed application signed by the subject of the birth record;
new text end

new text begin (2) a statement that the subject of the birth record is eligible for medical assistance
according to chapter 256B and has been treated for substance use disorder in the last 12
months, signed by the subject of the birth record; and
new text end

new text begin (3) one of the following:
new text end

new text begin (i) an identity document listed in Minnesota Rules, part 4601.2600, subpart 8, or, at the
discretion of the state registrar or local issuance office, listed in Minnesota Rules, part
4601.2600, subpart 9;
new text end

new text begin (ii) a statement that complies with Minnesota Rules, part 4601.2600, subparts 6 and 7;
or
new text end

new text begin (iii) a statement verifying that the subject of the birth record is eligible for medical
assistance according to chapter 256B and has been treated for substance use disorder in the
last 12 months that complies with the requirements in subdivision 2 and is from an employee
of a human services agency that receives public funding to provide services to people with
substance use disorders.
new text end

new text begin Subd. 2. new text end

new text begin Individual statement. new text end

new text begin A statement verifying that a subject of a birth record is
eligible for medical assistance according to chapter 256B and who has been treated for a
substance use disorder within 12 months must include:
new text end

new text begin (1) the following information regarding the individual providing the statement: first
name, middle name, if any, and last name; home or business address; telephone number, if
any; and e-mail address, if any;
new text end

new text begin (2) the first name, middle name, if any, and last name of the subject of the birth record;
and
new text end

new text begin (3) a statement specifying the relationship of the individual providing the statement to
the subject of the birth record and verifying that the subject of the birth record is eligible
for medical assistance according to chapter 256B and has been treated for a substance use
disorder within the last 12 months.
new text end

Sec. 3.

Minnesota Statutes 2020, section 144.226, is amended by adding a subdivision to
read:

new text begin Subd. 9. new text end

new text begin Birth record fees waived for people treated for substance use disorder. new text end

new text begin A
subject of a birth record who has been treated for a substance use disorder within the last
12 months and is eligible for medical assistance according to chapter 256B shall not be
charged any of the fees specified in this section for a certified birth record or statement of
no vital record found.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 4.

Minnesota Statutes 2020, section 171.06, is amended by adding a subdivision to
read:

new text begin Subd. 8. new text end

new text begin Application; identification card or copy of driver's license. new text end

new text begin (a) A subject of
an identification card or driver's license who is eligible for medical assistance according to
chapter 256B and who has been treated for a substance use disorder within the last 12 months
of application may apply to the commissioner or driver's license agent for an identification
card or driver's license according to this section. The commissioner or driver's license agent
shall issue an identification card or driver's license and waive all fees to a person who
submits:
new text end

new text begin (1) a completed application signed by the subject of the identification card or driver's
license;
new text end

new text begin (2) a statement that the subject of the identification card or driver's license is eligible
for medical assistance according to chapter 256B and has been treated for substance use
disorder in the last 12 months, signed by the subject of the identification card or driver's
license; and
new text end

new text begin (3) a statement verifying that the subject of the identification card or driver's license is
eligible for medical assistance according to chapter 256B and has been treated for substance
use disorder in the last 12 months that complies with the requirements in paragraph (b) and
is from an employee of a human services agency that receives public funding to provide
services to people with substance use disorders.
new text end

new text begin (b) A statement verifying that a subject of an identification card or driver's license is
eligible for medical assistance according to chapter 256B and has been treated for a substance
use disorder within 12 months must include:
new text end

new text begin (1) the following information regarding the individual providing the statement: first
name, middle name, if any, and last name; home or business address; telephone number, if
any; and e-mail address, if any;
new text end

new text begin (2) the first name, middle name, if any, and last name of the subject of the birth record;
and
new text end

new text begin (3) a statement specifying the relationship of the individual providing the statement to
the subject of the identification card or driver's license and verifying that the subject of the
identification card or driver's license is eligible for medical assistance according to chapter
256B and has been treated for a substance use disorder within the last 12 months.
new text end

new text begin (c) For identification cards and driver's licenses issued under this section:
new text end

new text begin (1) the commissioner must not impose a fee, surcharge, or filing fee under section 171.06,
subdivision 2; and
new text end

new text begin (2) a driver's license agent must not impose a filing fee under section 171.061, subdivision
4.
new text end

Sec. 5.

Minnesota Statutes 2020, section 245G.01, is amended by adding a subdivision to
read:

new text begin Subd. 13b. new text end

new text begin Guest speaker. new text end

new text begin "Guest speaker" means an individual who works under the
direction of the license holder to present to clients on topics in which they have expertise
and that the license holder has determined to be beneficial to client's recovery. Tribally
licensed programs have autonomy to identify the qualifications of their guest speakers.
new text end

Sec. 6.

Minnesota Statutes 2020, section 245G.07, is amended by adding a subdivision to
read:

new text begin Subd. 1a. new text end

new text begin Transition follow-up services. new text end

new text begin (a) A client that was discharged from a
treatment center may, pursuant to the client's request, receive individual transition follow-up
counseling services from the treatment center from which the client was discharged for up
to one year following the client's discharge. The transition follow-up services must be
designed to address the client's needs related to substance use, develop strategies to avoid
harmful substance use after discharge, and help the client obtain the services necessary to
establish or maintain a lifestyle free from the harmful effects of substance use disorder.
new text end

new text begin (b) A provider that provides transition follow-up counseling services under paragraph
(a) may bill for the services described in subdivision 1, paragraph (a), at the same rate as
for individual counseling sessions.
new text end

new text begin (c) In any given month, a client must not exceed four sessions of treatment services
under subdivision 1, paragraph (a).
new text end

new text begin (d) A provider must document in the client's file the services provided under this section.
The treatment provider need not open or reopen a treatment plan or document ongoing
progress notes in a treatment plan review as required by section 245G.06, subdivision 3.
new text end

new text begin (e) Prepaid medical assistance plans under section 256B.69 must allow members to
access this benefit at their discretion.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 7.

Minnesota Statutes 2020, section 245G.07, is amended by adding a subdivision to
read:

new text begin Subd. 2a. new text end

new text begin Transition support services. new text end

new text begin (a) The commissioner must offer transition
support services for six months to a person who:
new text end

new text begin (1) has completed a treatment program according to section 245G.14, subdivision 3,
that required 15 or more hours of treatment services per week; and
new text end

new text begin (2) receives medical assistance under chapter 256B or services from the behavioral
health fund under chapter 254.
new text end

new text begin (b) The transition support services must include:
new text end

new text begin (1) a $500 monthly voucher for recovery safe housing;
new text end

new text begin (2) $500 per month for food support unless the person is eligible for more, whichever
is greater;
new text end

new text begin (3) child care up to 20 hours per week unless the person is eligible for more, whichever
is greater; and
new text end

new text begin (4) transportation services to ensure attendance at group meetings and ability to look
for work and meet needs of daily living. Transportation services must include:
new text end

new text begin (i) for persons well-served by public transit, a monthly public transit pass; or
new text end

new text begin (ii) for persons who are not well-served by public transit or who have access to personal
transportation, a $120 gas card each month.
new text end

new text begin (c) The commissioner must maximize existing federal and state funding sources the
person is eligible for to implement this subdivision and may not count these benefits as
income for the purposes of qualifying for public assistance programs.
new text end

new text begin (d) These transition services are provided to eligible recipients for the full duration of
six months regardless of public assistance eligibility during the six month period of time.
new text end

Sec. 8.

Minnesota Statutes 2020, section 245G.12, is amended to read:

245G.12 PROVIDER POLICIES AND PROCEDURES.

A license holder must develop a written policies and procedures manual, indexed
according to section 245A.04, subdivision 14, paragraph (c), that provides staff members
immediate access to all policies and procedures and provides a client and other authorized
parties access to all policies and procedures. The manual must contain the following
materials:

(1) assessment and treatment planning policies, including screening for mental health
concerns and treatment objectives related to the client's identified mental health concerns
in the client's treatment plan;

(2) policies and procedures regarding HIV according to section 245A.19;

(3) the license holder's methods and resources to provide information on tuberculosis
and tuberculosis screening to each client and to report a known tuberculosis infection
according to section 144.4804;

(4) personnel policies according to section 245G.13;

(5) policies and procedures that protect a client's rights according to section 245G.15;

(6) a medical services plan according to section 245G.08;

(7) emergency procedures according to section 245G.16;

(8) policies and procedures for maintaining client records according to section 245G.09;

(9) procedures for reporting the maltreatment of minors according to chapter 260E, and
vulnerable adults according to sections 245A.65, 626.557, and 626.5572;

(10) a description of treatment services that: (i) includes the amount and type of services
provided; (ii) identifies which services meet the definition of group counseling under section
245G.01, subdivision 13a; deleted text begin and deleted text end (iii) new text begin identifies which groups and topics a guest speaker could
provide services under the direction of a licensed alcohol and drug counselor; and (iv)
new text end defines the program's treatment week;

(11) the methods used to achieve desired client outcomes;

(12) the hours of operation; and

(13) the target population served.

Sec. 9.

Minnesota Statutes 2021 Supplement, section 254B.051, is amended to read:

254B.051 SUBSTANCE USE DISORDER TREATMENT EFFECTIVENESS.

new text begin Subdivision 1. new text end

new text begin Commissioner to collect additional data. new text end

In addition to the substance
use disorder treatment program performance outcome measures that the commissioner of
human services collects annually from treatment providers, the commissioner shall request
additional data from programs that receive appropriations from the behavioral health fund.
This data shall include number of client readmissions six months after release from inpatient
treatment, and the cost of treatment per person for each program receiving behavioral health
funds. The commissioner deleted text begin may deleted text end new text begin must new text end post this data on the department website.

new text begin Subd. 2. new text end

new text begin Data to be provided. new text end

new text begin All data collected by the commissioner from substance
use disorder treatment providers, including but not limited to: claims, the drug and alcohol
abuse normative evaluation system, the utilization management system, the demonstration
project, and cost reporting must be made available to substance use disorder treatment
providers. The commissioner must provide the data in a format that complies with chapter
13 in an electronic format that permits providers to access all information provided by them
to the commissioner at least annually. The commissioner must provide for a feature in
reporting data to substance use disorder providers that allows them to compare their
performance against other providers. The commissioner must work with substance use
disorder providers to design the reporting system and format of data availability for the
purposes of improving the efficiency and effectiveness of substance use disorder program
services.
new text end

ARTICLE 2

WORKFORCE

Section 1.

Minnesota Statutes 2020, 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 a supervisor.
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, whichever occurs last.
new text end

Sec. 2.

Minnesota Statutes 2020, section 245A.19, is amended to read:

245A.19 HIV TRAINING IN CHEMICAL DEPENDENCY TREATMENT
PROGRAM.

(a) Applicants and license holders for chemical dependency residential and nonresidential
programs must demonstrate compliance with HIV minimum standards deleted text begin prior to deleted text end new text begin before new text end their
application deleted text begin being deleted text end new text begin is new text end complete. The HIV minimum standards contained in the HIV-1
Guidelines for chemical dependency 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
chemical dependency treatment staff and clients to the HIV minimum standards. Thereafter,
orientation shall be provided to all staff and clients deleted text begin , deleted text end 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 applicants deleted 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. 3.

Minnesota Statutes 2021 Supplement, section 254B.05, subdivision 5, is amended
to read:

Subd. 5.

Rate requirements.

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

(b) Eligible substance use disorder treatment services include:

(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) deleted text begin care deleted text end new text begin treatment new text end coordination services provided according to section 245G.07,
subdivision 1, paragraph (a), clause (5);

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

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

(6) medication-assisted therapy services that are licensed according to sections 245G.01
to 245G.17 and 245G.22, or applicable Tribal license;

(7) medication-assisted therapy plus enhanced treatment services that meet the
requirements of clause (6) and provide nine hours of clinical services each week;

(8) high, medium, and low intensity residential treatment services that are licensed
according to sections 245G.01 to 245G.17 and 245G.21 or applicable Tribal license deleted text begin which deleted text end new text begin
that new text end provide, respectively, 30, 15, and five hours of clinical services each new text begin treatment new text end week new text begin .
A license holder that is unable to provide all residential treatment services because a client
missed services remains eligible to bill for the client's intensity level of services under this
clause if the license holder can document the reason the client missed services and the
interventions done to address the client's absence. Hours in a treatment week may be reduced
in observance of federally recognized holidays new text end ;

(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 deleted text begin , which deleted text end new text begin that new text end provide 30 hours
of clinical services each week provided by a state-operated vendor or to clients who have
been civilly committed to the commissioner, present the most complex and difficult care
needs, and are a potential threat to the community; and

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

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

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

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

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

(B) meets the licensure exclusion criteria of section 245A.03, subdivision 2, paragraph
(a), clause (6), and meets the requirements under section 245G.19, subdivision 4; or

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

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

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

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

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

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

(5) programs that offer services to individuals with co-occurring mental health and
chemical dependency problems if:

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

(ii) deleted text begin 25 percent of the deleted text end new text begin employee sufficient new text end counseling staff new text begin who new text end are licensed mental health
professionals, as defined in section 245.462, subdivision 18, clauses (1) to (6), or are students
or licensing candidates under the supervision of a licensed alcohol and drug counselor
supervisor and licensed mental health professional, deleted text begin 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 deleted text end new text begin to meet the need for client new text end services;

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

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

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

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

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

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

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

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

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

new text begin (i) Programs using a qualified guest speaker shall maintain documentation of the person's
qualifications to present to clients on a topic the program has determined to be of value to
its clients. A qualified counselor shall be present during the delivery of content and will be
responsible for documentation of the group.
new text end

Sec. 4.

Minnesota Statutes 2020, section 254B.05, is amended by adding a subdivision to
read:

new text begin Subd. 6. new text end

new text begin Automatic inflation adjustment. new text end

new text begin (a) Beginning on or before July 1, 2024, and
each year thereafter, the commissioner must adjust the base rate for services under this
section and section 256B.0759, subdivision 6, for inflation based on the CPI-U for the prior
calendar year until the new comprehensive rate framework under Laws 2021, First Special
Session chapter 7, article 17, section 18, for substance use disorder residential and outpatient
services is implemented. By February 1, 2024, the commissioner must report annually to
the chairs and ranking minority members of the legislative committees and divisions with
jurisdiction over health and human services policy and finance the status of the framework
implementation.
new text end

new text begin (b) This subdivision expires the day following the implementation of the new
comprehensive rate framework under Laws 2021, First Special Session chapter 7, article
17, section 18. The commissioner of human services must notify the revisor of statutes when
the new comprehensive rate framework is implemented.
new text end

Sec. 5.

Minnesota Statutes 2020, section 254B.12, is amended by adding a subdivision to
read:

new text begin Subd. 5. new text end

new text begin Chemical dependency provider rate increase for 2022. new text end

new text begin For the chemical
dependency services listed in section 254B.05, subdivision 5, and provided on or after July
1, 2022, payment rates must be increased by ten percent over the rates in effect on January
1, 2022, for vendors who meet the requirements of section 254B.05.
new text end

ARTICLE 3

SERVICE PRESERVATION AND ACCESS

Section 1.

Minnesota Statutes 2020, 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. 2.

Minnesota Statutes 2020, section 245G.06, is amended by adding a subdivision to
read:

new text begin Subd. 2a. new text end

new text begin Documentation of treatment services. new text end

new text begin The staff member who provides the
treatment service must document in the client record the date, type, and amount of each
treatment service provided to a client within seven days of providing the treatment service.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 3.

Minnesota Statutes 2020, section 245G.06, is amended by adding a subdivision to
read:

new text begin Subd. 2b. new text end

new text begin Client record documentation requirements. new text end

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

new text begin (b) A residential treatment program must document in the client record the following
items within 24 business hours that each occurs:
new text end

new text begin (1) medical and other appointments the client attended if known by the provider;
new text end

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

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

Sec. 4.

Minnesota Statutes 2020, section 245G.06, subdivision 3, is amended to read:

Subd. 3.

deleted text begin Documentation of treatment services; deleted text end Treatment plan review.

deleted text begin (a) A review
of all treatment services must be documented weekly and include a review of:
deleted text end

deleted text begin (1) care coordination activities;
deleted text end

deleted text begin (2) medical and other appointments the client attended;
deleted text end

deleted text begin (3) issues related to medications that are not documented in the medication administration
record; and
deleted text end

deleted text begin (4) issues related to attendance for treatment services, including the reason for any client
absence from a treatment service.
deleted text end

deleted text begin (b) A note must be entered immediately following any significant event. A significant
event is an event that impacts the client's relationship with other clients, staff, the client's
family, or the client's treatment plan.
deleted text end

deleted text begin (c) deleted text end A treatment plan review must be entered in a client's file deleted text begin weekly deleted text end new text begin at least every 28
calendar days new text end or after each treatment service, whichever is less frequent, by deleted text begin the staff member
providing the service deleted text end new text begin an alcohol and drug counselor new text end . The review must indicate the span of
time covered by the review and each of the six dimensions listed in section 245G.05,
subdivision 2, paragraph (c). The review must:

deleted text begin (1) indicate the date, type, and amount of each treatment service provided and the client's
response to each service;
deleted text end

deleted text begin (2) deleted text end new text begin (1) new text end address each goal in the treatment plan and whether the methods to address the
goals are effective;

deleted text begin (3) deleted text end new text begin (2) new text end include monitoring of any physical and mental health problems;

deleted text begin (4) deleted text end new text begin (3) new text end document the participation of others;

deleted text begin (5) deleted text end new text begin (4) new text end document staff recommendations for changes in the methods identified in the
treatment plan and whether the client agrees with the change; and

deleted text begin (6) deleted text end new text begin (5) new text end include a review and evaluation of the individual abuse prevention plan according
to section 245A.65.

deleted text begin (d) Each entry in a client's record must be accurate, legible, signed, and dated. 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.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 5.

Minnesota Statutes 2021 Supplement, section 256B.69, subdivision 9f, is amended
to read:

Subd. 9f.

Annual report on provider reimbursement rates.

(a) The commissioner,
by December 15 of each year, deleted text begin beginning December 15, 2021, deleted text end shall submit to the chairs and
ranking minority members of the legislative committees with jurisdiction over health care
policy and finance a report on managed care and county-based purchasing plan provider
reimbursement rates.

(b) The report must include, for each managed care and county-based purchasing plan,
the mean and median provider reimbursement rates by county for the calendar year preceding
the reporting year, for the five most common billing codes statewide across all plans, in
each of the following provider service categories if within the county there are more than
three medical assistance enrolled providers providing the specific service within the specific
category:

(1) physician prenatal services;

(2) physician preventive services;

(3) physician services other than prenatal or preventive;

(4) dental services;

(5) inpatient hospital services;

(6) outpatient hospital services; deleted text begin and
deleted text end

(7) mental health services deleted text begin . deleted text end new text begin ; and
new text end

new text begin (8) substance use disorder services.
new text end

(c) The commissioner shall also include in the report:

(1) the mean and median reimbursement rates across all plans by county for the calendar
year preceding the reporting year for the billing codes and provider service categories
described in paragraph (b); and

(2) the mean and median fee-for-service reimbursement rates by county for the calendar
year preceding the reporting year for the billing codes and provider service categories
described in paragraph (b).

Sec. 6.

Laws 2021, First Special Session chapter 7, article 11, section 38, is amended to
read:

Sec. 38. DIRECTION TO THE COMMISSIONER; SUBSTANCE USE DISORDER
TREATMENT PAPERWORK REDUCTION.

(a) The commissioner of human services, in consultation with counties, tribes, managed
care organizations, substance use disorder treatment professional associations, and other
relevant stakeholders, shall develop, assess, and recommend systems improvements to
minimize regulatory paperwork and improve systems for substance use disorder programs
licensed under Minnesota Statutes, chapter 245A, and regulated under Minnesota Statutes,
chapters 245F and 245G, and Minnesota Rules, chapters 2960 and 9530. The commissioner
of human services shall make available any resources needed from other divisions within
the department to implement systems improvements.

(b) The commissioner of health shall make available needed information and resources
from the Division of Health Policy.

(c) The Office of MN.IT Services shall provide advance consultation and implementation
of the changes needed in data systems.

(d) The commissioner of human services shall contract with a vendor that has experience
with developing statewide system changes for multiple states at the payer and provider
levels. If the commissioner, after exercising reasonable diligence, is unable to secure a
vendor with the requisite qualifications, the commissioner may select the best qualified
vendor available. When developing recommendations, the commissioner shall consider
input from all stakeholders. The commissioner's recommendations shall maximize benefits
for clients and utility for providers, regulatory agencies, and payers.

(e) The commissioner of human services and the contracted vendor shall follow the
recommendations from the report issued in response to Laws 2019, First Special Session
chapter 9, article 6, section 76.

(f) deleted text begin By December 15, 2022, deleted text end new text begin Within two years of contracting with a qualified vendor
according to paragraph (d), new text end the commissioner of human services shall take steps to implement
paperwork reductions and systems improvements within the commissioner's authority and
submit to the chairs and ranking minority members of the legislative committees with
jurisdiction over health and human services a report that includes recommendations for
changes in statutes that would further enhance systems improvements to reduce paperwork.
The report shall include a summary of the approaches developed and assessed by the
commissioner of human services and stakeholders and the results of any assessments
conducted.

Sec. 7. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2020, section 245G.05, subdivision 2, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 22-05034

245G.05 COMPREHENSIVE ASSESSMENT AND ASSESSMENT SUMMARY.

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 appropriate services for the client using the dimensions in Minnesota Rules, part 9530.6622, 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.