SF 3286

1st Engrossment - 90th Legislature (2017 - 2018) Posted on 07/13/2018 03:13pm

A bill for an act
relating to human services; modifying provisions related to providers of behavioral
health services; expanding care coordination covered by medical assistance;
amending Minnesota Statutes 2016, sections 245A.04, subdivision 7, by adding a
subdivision; 245C.22, subdivision 4; 256B.0622, subdivisions 3a, 4; 256B.0623,
subdivision 4; 256B.0624, subdivision 4; Minnesota Statutes 2017 Supplement,
sections 245C.22, subdivision 5; 245G.03, subdivision 1; 254B.03, subdivision 2;
256B.0625, subdivision 56a; proposing coding for new law in Minnesota Statutes,
chapter 245A.

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

Section 1.

Minnesota Statutes 2016, section 245A.04, subdivision 7, is amended to read:

Subd. 7.

Grant of license; license extension.

(a) If the commissioner determines that
the program complies with all applicable rules and laws, the commissioner shall issue a
license new text begin consistent with this section or, if applicable, a temporary change of ownership license
under section 245A.043 new text end . At minimum, the license shall state:

(1) the name of the license holder;

(2) the address of the program;

(3) the effective date and expiration date of the license;

(4) the type of license;

(5) the maximum number and ages of persons that may receive services from the program;
and

(6) any special conditions of licensure.

(b) The commissioner may issue deleted text begin an initial deleted text end new text begin a new text end license for a period not to exceed two years
if:

(1) the commissioner is unable to conduct the evaluation or observation required by
subdivision 4, paragraph (a), clauses (3) and (4), because the program is not yet operational;

(2) certain records and documents are not available because persons are not yet receiving
services from the program; and

(3) the applicant complies with applicable laws and rules in all other respects.

(c) A decision by the commissioner to issue a license does not guarantee that any person
or persons will be placed or cared for in the licensed program. deleted text begin A license shall not be
deleted text end deleted text begin transferable to another individual, corporation, partnership, voluntary association, other
deleted text end deleted text begin organization, or controlling individual or to another location deleted text end deleted text begin .
deleted text end

(d) deleted text begin A license holder must notify the commissioner and obtain the commissioner's approval
deleted text end deleted text begin before making any changes that would alter the license information listed under paragraph
deleted text end deleted text begin (a).
deleted text end

deleted text begin (e) deleted text end Except as provided in paragraphs deleted text begin (g) deleted text end new text begin (f) new text end and deleted text begin (h) deleted text end new text begin (g) new text end , the commissioner shall not issue
or reissue a license if the applicant, license holder, or controlling individual has:

(1) been disqualified and the disqualification was not set aside and no variance has been
granted;

(2) been denied a license within the past two years;

(3) had a license new text begin issued under this chapter new text end revoked within the past five years;

(4) an outstanding debt related to a license fee, licensing fine, or settlement agreement
for which payment is delinquent; or

(5) failed to submit the information required of an applicant under subdivision 1,
paragraph (f) or (g), after being requested by the commissioner.

When a license new text begin issued under this chapter new text end is revoked under clause (1) or (3), the license
holder and controlling individual may not hold any license under chapter 245A or 245D for
five years following the revocation, and other licenses held by the applicant, license holder,
or controlling individual shall also be revoked.

deleted text begin (f) deleted text end new text begin (e) new text end The commissioner shall not issue or reissue a license new text begin under this chapter new text end if an
individual living in the household where the deleted text begin licensed deleted text end services will be provided as specified
under section 245C.03, subdivision 1, has been disqualified and the disqualification has not
been set aside and no variance has been granted.

deleted text begin (g) deleted text end new text begin (f) new text end Pursuant to section 245A.07, subdivision 1, paragraph (b), when a license new text begin issued
under this chapter new text end has been suspended or revoked and the suspension or revocation is under
appeal, the program may continue to operate pending a final order from the commissioner.
If the license under suspension or revocation will expire before a final order is issued, a
temporary provisional license may be issued provided any applicable license fee is paid
before the temporary provisional license is issued.

deleted text begin (h) deleted text end new text begin (g) new text end Notwithstanding paragraph deleted text begin (g) deleted text end new text begin (f) new text end , when a revocation is based on the
disqualification of a controlling individual or license holder, and the controlling individual
or license holder is ordered under section 245C.17 to be immediately removed from direct
contact with persons receiving services or is ordered to be under continuous, direct
supervision when providing direct contact services, the program may continue to operate
only if the program complies with the order and submits documentation demonstrating
compliance with the order. If the disqualified individual fails to submit a timely request for
reconsideration, or if the disqualification is not set aside and no variance is granted, the
order to immediately remove the individual from direct contact or to be under continuous,
direct supervision remains in effect pending the outcome of a hearing and final order from
the commissioner.

deleted text begin (i) deleted text end new text begin (h) new text end For purposes of reimbursement for meals only, under the Child and Adult Care
Food Program, Code of Federal Regulations, title 7, subtitle B, chapter II, subchapter A,
part 226, relocation within the same county by a licensed family day care provider, shall
be considered an extension of the license for a period of no more than 30 calendar days or
until the new license is issued, whichever occurs first, provided the county agency has
determined the family day care provider meets licensure requirements at the new location.

deleted text begin (j) deleted text end new text begin (i) new text end Unless otherwise specified by statute, all licenses new text begin issued under this chapter new text end expire
at 12:01 a.m. on the day after the expiration date stated on the license. A license holder must
apply for and be granted a new license to operate the program or the program must not be
operated after the expiration date.

deleted text begin (k) deleted text end new text begin (j) new text end The commissioner shall not issue or reissue a license new text begin under this chapter new text end if it has
been determined that a tribal licensing authority has established jurisdiction to license the
program or service.

Sec. 2.

Minnesota Statutes 2016, section 245A.04, is amended by adding a subdivision to
read:

new text begin Subd. 7a. new text end

new text begin Notification required. new text end

new text begin (a) A license holder must notify the commissioner and
obtain the commissioner's approval before making any change that would alter the license
information listed under subdivision 7, paragraph (a).
new text end

new text begin (b) At least 30 days before the effective date of a change, the license holder must notify
the commissioner in writing of any:
new text end

new text begin (1) change to the license holder's authorized agent as defined in section 245A.02,
subdivision 3b;
new text end

new text begin (2) change to the license holder's controlling individual as defined in section 245A.02,
subdivision 5a;
new text end

new text begin (3) change to license holder information on file with the secretary of state;
new text end

new text begin (4) change to a program's business structure;
new text end

new text begin (5) change in the location of the program or service licensed under this chapter; and
new text end

new text begin (6) change in the federal or state tax identification number associated with the license
holder.
new text end

new text begin (c) When a license holder notifies the commissioner of a change to the business structure
governing the licensed program or services but is not selling the business, the license holder
must provide amended articles of incorporation and other documentation of the change and
any other information requested by the commissioner.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018.
new text end

Sec. 3.

new text begin [245A.043] LICENSE APPLICATION AFTER CHANGE OF OWNERSHIP.
new text end

new text begin Subdivision 1. new text end

new text begin Transfer prohibited. new text end

new text begin A license issued under this chapter is only valid
for a premises and individual, organization, or government entity identified by the
commissioner on the license. A license is not transferable or assignable.
new text end

new text begin Subd. 2. new text end

new text begin Change of ownership. new text end

new text begin If the commissioner determines that there will be a
change of ownership, the commissioner shall require submission of a new license application.
A change of ownership occurs when:
new text end

new text begin (1) the license holder sells or transfers 100 percent of the property, stock, or assets;
new text end

new text begin (2) the license holder merges with another organization;
new text end

new text begin (3) the license holder consolidates with two or more organizations, resulting in the
creation of a new organization;
new text end

new text begin (4) there is a change in the federal tax identification number associated with the license
holder; or
new text end

new text begin (5) there is a turnover of each controlling individual associated with the license within
a 12-month period. A change to the license holder's controlling individuals, including a
change due to a transfer of stock, is not a change of ownership if at least one controlling
individual who was listed on the license for at least 12 consecutive months continues to be
a controlling individual after the reported change.
new text end

new text begin Subd. 3. new text end

new text begin Change of ownership requirements. new text end

new text begin (a) A license holder who intends to
change the ownership of the program or service as defined in subdivision 2 to a party that
intends to assume operation without an interruption in service longer than 60 days after
acquiring the program or service must provide the commissioner with written notice of the
proposed sale or 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.
new text end

new text begin (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 of 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 in 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 Minnesota Rules, part 9530.6800.
new text end

new text begin (c) The commissioner may develop streamlined 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 according to the licensing
standards in this chapter and applicable rules. For purposes of this subdivision, "substantial
compliance" means within the past 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.
new text end

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

new text begin (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 proof that the premises was inspected by a fire marshal or that the fire marshal
deemed that an inspection was not warranted and proof that the premises was inspected for
compliance with the building code or that no inspection was deemed warranted.
new text end

new text begin (f) If the party is seeking a license for a program or service that has an outstanding
correction order, the party must submit a letter with the license application identifying how
and within what length of time the party shall resolve the outstanding correction order and
come into full compliance with the licensing requirements.
new text end

new text begin (g) Any action taken under section 245A.06 or 245A.07 against the existing license
holder's license at the time the party is applying for a license, including when the existing
license holder is operating under a conditional license or is subject to a revocation, shall
remain in effect until the commissioner determines that the grounds for the action are
corrected or no longer exist.
new text end

new text begin (h) The commissioner shall evaluate the application of the party according to section
245A.04, subdivision 6. Pursuant to section 245A.04, subdivision 7, if the commissioner
determines that the party complies with applicable laws and rules, the commissioner may
issue a license or a temporary change of ownership license.
new text end

new text begin (i) 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.
new text end

new text begin (j) This subdivision does not apply to a licensed program or service located in a home
where the license holder resides.
new text end

new text begin Subd. 4. new text end

new text begin Temporary change of ownership license. new text end

new text begin (a) After receiving the party's
application and upon the written request of the existing license holder and the party, the
commissioner may issue a temporary change of ownership license to the party while the
commissioner evaluates the party's application. Until a decision is made to grant or deny a
license under this chapter, the existing license holder and the party shall both be responsible
for operating the program or service according to applicable laws and rules, and the sale or
transfer of the license holder's ownership interest in the licensed program or service does
not terminate the existing license.
new text end

new text begin (b) The commissioner may establish criteria to issue a temporary change of ownership
license when a license holder's death, divorce, or other event affecting the ownership of the
program when an applicant seeks to assume operation of the program or service to ensure
continuity of the program or service while a license application is evaluated. This subdivision
applies to any program or service licensed under this chapter.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2018.
new text end

Sec. 4.

Minnesota Statutes 2016, section 245C.22, subdivision 4, is amended to read:

Subd. 4.

Risk of harm; set aside.

(a) The commissioner may set aside the disqualification
if the commissioner finds that the individual has submitted sufficient information to
demonstrate that the individual does not pose a risk of harm to any person served by the
applicant, license holder, or other entities as provided in this chapter.

(b) In determining whether the individual has met the burden of proof by demonstrating
the individual does not pose a risk of harm, the commissioner shall consider:

(1) the nature, severity, and consequences of the event or events that led to the
disqualification;

(2) whether there is more than one disqualifying event;

(3) the age and vulnerability of the victim at the time of the event;

(4) the harm suffered by the victim;

(5) vulnerability of persons served by the program;

(6) the similarity between the victim and persons served by the program;

(7) the time elapsed without a repeat of the same or similar event;

(8) documentation of successful completion by the individual studied of training or
rehabilitation pertinent to the event; and

(9) any other information relevant to reconsideration.

(c) If the individual requested reconsideration on the basis that the information relied
upon to disqualify the individual was incorrect or inaccurate and the commissioner determines
that the information relied upon to disqualify the individual is correct, the commissioner
must also determine if the individual poses a risk of harm to persons receiving services in
accordance with paragraph (b).

new text begin (d) For an individual in the chemical dependency field, the commissioner must set aside
the disqualification if the following criteria are met:
new text end

new text begin (1) the individual submits sufficient documentation to demonstrate that the individual
is a nonviolent controlled substance offender under section 244.0513, subdivision 2, clauses
(1), (2), and (6);
new text end

new text begin (2) the individual is disqualified exclusively for one or more offenses listed under section
152.021, subdivision 2 or 2a; 152.022, subdivision 2; 152.023, subdivision 2; 152.024; or
152.025;
new text end

new text begin (3) the individual provided documentation of successful completion of treatment at least
one year prior to the date of the request for reconsideration at a program licensed under
chapter 245G;
new text end

new text begin (4) the individual provided documentation demonstrating abstinence from controlled
substances, as defined in section 152.01, subdivision 4, for a period of one year prior to the
date of the request for reconsideration; and
new text end

new text begin (5) the individual is seeking employment in the chemical dependency field.
new text end

Sec. 5.

Minnesota Statutes 2017 Supplement, section 245C.22, subdivision 5, is amended
to read:

Subd. 5.

Scope of set-aside.

(a) If the commissioner sets aside a disqualification under
this section, the disqualified individual remains disqualified, but may hold a license and
have direct contact with or access to persons receiving services. Except as provided in
paragraph (b), the commissioner's set-aside of a disqualification is limited solely to the
licensed program, applicant, or agency specified in the set aside notice under section 245C.23.
For personal care provider organizations, the commissioner's set-aside may further be limited
to a specific individual who is receiving services. For new background studies required
under section 245C.04, subdivision 1, paragraph (h), if an individual's disqualification was
previously set aside for the license holder's program and the new background study results
in no new information that indicates the individual may pose a risk of harm to persons
receiving services from the license holder, the previous set-aside shall remain in effect.

(b) If the commissioner has previously set aside an individual's disqualification for one
or more programs or agencies, and the individual is the subject of a subsequent background
study for a different program or agency, the commissioner shall determine whether the
disqualification is set aside for the program or agency that initiated the subsequent
background study. A notice of a set-aside under paragraph (c) shall be issued within 15
working days if all of the following criteria are met:

(1) the subsequent background study was initiated in connection with a program licensed
or regulated under the same provisions of law and rule for at least one program for which
the individual's disqualification was previously set aside by the commissioner;

(2) the individual is not disqualified for an offense specified in section 245C.15,
subdivision 1 deleted text begin or 2 deleted text end ;

(3) new text begin the individual is not disqualified for an offense specified in section 245C.15,
subdivision 2, unless the individual is employed in the chemical dependency field;
new text end

new text begin (4) new text end the commissioner has received no new information to indicate that the individual
may pose a risk of harm to any person served by the program; and

deleted text begin (4) deleted text end new text begin (5) new text end the previous set-aside was not limited to a specific person receiving services.

(c) When a disqualification is set aside under paragraph (b), the notice of background
study results issued under section 245C.17, in addition to the requirements under section
245C.17, shall state that the disqualification is set aside for the program or agency that
initiated the subsequent background study. The notice must inform the individual that the
individual may request reconsideration of the disqualification under section 245C.21 on the
basis that the information used to disqualify the individual is incorrect.

Sec. 6.

Minnesota Statutes 2017 Supplement, section 245G.03, subdivision 1, is amended
to read:

Subdivision 1.

License requirements.

(a) An applicant for a license to provide substance
use disorder treatment must comply with the general requirements in chapters 245A and
245C, sections 626.556 and 626.557, and Minnesota Rules, chapter 9544.

(b) new text begin The assessment of need process under Minnesota Rules, parts 9530.6800 and
9530.6810, is not applicable to programs licensed under this chapter. However, the
commissioner may deny issuance of a license to an applicant if the commissioner determines
that the services currently available in the local area are sufficient to meet local need and
the addition of new services would be detrimental to individuals seeking these services.
new text end

new text begin (c) new text end The commissioner may grant variances to the requirements in this chapter that do
not affect the client's health or safety if the conditions in section 245A.04, subdivision 9,
are met.

Sec. 7.

Minnesota Statutes 2017 Supplement, section 254B.03, subdivision 2, is amended
to read:

Subd. 2.

Chemical dependency fund payment.

(a) Payment from the chemical
dependency fund is limited to payments for services other than detoxification licensed under
Minnesota Rules, parts 9530.6510 to 9530.6590, that, if located outside of federally
recognized tribal lands, would be required to be licensed by the commissioner as a chemical
dependency treatment or rehabilitation program under sections 245A.01 to 245A.16, and
services other than detoxification provided in another state that would be required to be
licensed as a chemical dependency 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 chemical dependency treatment. Vendors receiving
payments from the chemical dependency 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
consolidated chemical dependency treatment fund or through state contracted managed care
entities. Payment from the chemical dependency fund shall be made for necessary room
and board costs provided by vendors certified according to section 254B.05, 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 chemical dependency
treatment program according to rules adopted under section 254A.03, subdivision 3; and

(2) concurrently receiving a chemical dependency treatment service in a program licensed
by the commissioner and reimbursed by the chemical dependency fund.

(b) A county may, from its own resources, provide chemical dependency 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 chemical dependency 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.

(c) The commissioner shall coordinate chemical dependency services and determine
whether there is a need for any proposed expansion of chemical dependency treatment
services. deleted text begin 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 end new text begin The commissioner
may deny vendor certification to a provider if the commissioner determines that the services
currently available in the local area are sufficient to meet local need and that the addition
of new services would be detrimental to individuals seeking these services new text end .

Sec. 8.

Minnesota Statutes 2016, section 256B.0622, subdivision 3a, is amended to read:

Subd. 3a.

Provider certification and contract requirements for assertive community
treatment.

(a) The assertive community treatment provider must deleted text begin :
deleted text end

deleted text begin (1) have a contract with the host county to provide assertive community treatment
services; and
deleted text end

deleted text begin (2) deleted text end have each ACT team be certified by the state following the certification process and
procedures developed by the commissioner. The certification process determines whether
the ACT team meets the standards for assertive community treatment under this section as
well as minimum program fidelity standards as measured by a nationally recognized fidelity
tool approved by the commissioner. Recertification must occur at least every three years.

new text begin (b) A provider must specify in the provider's application what geographic area and
populations will be primarily served by the proposed program. A provider must submit
evidence that in planning for the proposed program it has solicited feedback from the county
in which the proposed program would be located regarding how the proposed programming
relates to the types of programming identified by the local mental health authority as being
needed for the county in which the proposed program would be located and how the proposed
populations to be served relate to the populations identified by the local mental health
authority as being in need of services for the county in which the proposed program would
be located. A provider must submit evidence that it has identified a process for aligning the
proposed program with the local mental health authority's efforts. A provider must submit
evidence of ongoing relationships with other providers, the county where the program will
be located, and levels of care to facilitate referrals to and from the proposed program. The
commissioner may deny approval of a provider's application if the commissioner determines
that the services currently available in the local area are sufficient to meet local need and
that the addition of new services would be detrimental to individuals seeking these services.
new text end

deleted text begin (b) deleted text end new text begin (c) new text end An ACT team certified under this subdivision must meet the following standards:

(1) have capacity to recruit, hire, manage, and train required ACT team members;

(2) have adequate administrative ability to ensure availability of services;

(3) ensure adequate preservice and ongoing training for staff;

(4) ensure that staff is capable of implementing culturally specific services that are
culturally responsive and appropriate as determined by the client's culture, beliefs, values,
and language as identified in the individual treatment plan;

(5) ensure flexibility in service delivery to respond to the changing and intermittent care
needs of a client as identified by the client and the individual treatment plan;

(6) develop and maintain client files, individual treatment plans, and contact charting;

(7) develop and maintain staff training and personnel files;

(8) submit information as required by the state;

(9) keep all necessary records required by law;

(10) comply with all applicable laws;

(11) be an enrolled Medicaid provider;

(12) establish and maintain a quality assurance plan to determine specific service
outcomes and the client's satisfaction with services; and

(13) develop and maintain written policies and procedures regarding service provision
and administration of the provider entity.

deleted text begin (c) deleted text end new text begin (d) new text end The commissioner may intervene at any time and decertify an ACT team with
cause. The commissioner shall establish a process for decertification of an ACT team and
shall require corrective action, medical assistance repayment, or decertification of an ACT
team that no longer meets the requirements in this section or that fails to meet the clinical
quality standards or administrative standards provided by the commissioner in the application
and certification process. The decertification is subject to appeal to the state.

Sec. 9.

Minnesota Statutes 2016, section 256B.0622, subdivision 4, is amended to read:

Subd. 4.

Provider licensure and contract requirements for intensive residential
treatment services.

(a) The intensive residential treatment services provider must:

(1) be licensed under Minnesota Rules, parts 9520.0500 to 9520.0670;

(2) not exceed 16 beds per site; new text begin and
new text end

(3) comply with the additional standards in this section deleted text begin ; and deleted text end new text begin .
new text end

deleted text begin (4) have a contract with the host county to provide these services.
deleted text end

(b) The commissioner shall develop procedures for counties and providers to submit
contracts and other documentation as needed to allow the commissioner to determine whether
the standards in this section are met.

new text begin (c) A provider must specify in the provider's application what geographic area and
populations will be primarily served by the proposed program. A provider must submit
evidence that in planning for the proposed program it has solicited feedback from the county
in which the proposed program would be located regarding how the proposed programming
relates to the types of programming identified by the local mental health authority as being
needed for the county in which the proposed program would be located and how the proposed
populations to be served relate to the populations identified by the local mental health
authority as being in need of services for the county in which the proposed program would
be located. A provider must submit evidence that it has identified a process for aligning the
proposed program with the local mental health authority's efforts. A provider must submit
evidence of ongoing relationships with other providers, the county where the program will
be located, and levels of care to facilitate referrals to and from the proposed program. The
commissioner may deny approval of a provider's application if the commissioner determines
that the services currently available in the local area are sufficient to meet local need and
that the addition of new services would be detrimental to individuals seeking these services.
new text end

Sec. 10.

Minnesota Statutes 2016, section 256B.0623, subdivision 4, is amended to read:

Subd. 4.

Provider entity standards.

(a) The provider entity must be certified by the
state following the certification process and procedures developed by the commissioner.

(b) The certification process is a determination as to whether the entity meets the standards
in this subdivision. The certification must specify which adult rehabilitative mental health
services the entity is qualified to provide.

(c) deleted text begin A noncounty provider entity must obtain additional certification from each county
deleted text end deleted text begin in which it will provide services. The additional certification must be based on the adequacy
deleted text end deleted text begin of the entity's knowledge of that county's local health and human service system, and the
deleted text end deleted text begin ability of the entity to coordinate its services with the other services available in that county.
deleted text end deleted text begin A county-operated entity must obtain this additional certification from any other county in
deleted text end deleted text begin which it will provide services. deleted text end new text begin A provider must specify in the provider's application what
geographic area and populations will be primarily served by the proposed program. A
provider must submit evidence that in planning for the proposed program it has solicited
feedback from the county in which the proposed program would be located regarding how
the proposed programming relates to the types of programming identified by the local mental
health authority as being needed for the county in which the proposed program would be
located and how the proposed populations to be served relate to the populations identified
by the local mental health authority as being in need of services for the county in which the
proposed program would be located. A provider must submit evidence that it has identified
a process for aligning the proposed program with the local mental health authority's efforts.
A provider must submit evidence of ongoing relationships with other providers, the county
where the program will be located, and levels of care to facilitate referrals to and from the
proposed program. The commissioner may deny approval of a provider's application if the
commissioner determines that the services currently available in the local area are sufficient
to meet local need and that the addition of new services would be detrimental to individuals
seeking these services.
new text end

(d) Recertification must occur at least every three years.

(e) The commissioner may intervene at any time and decertify providers with cause.
The decertification is subject to appeal to the state. A county board may recommend that
the state decertify a provider for cause.

(f) The adult rehabilitative mental health services provider entity must meet the following
standards:

(1) have capacity to recruit, hire, manage, and train mental health professionals, mental
health practitioners, and mental health rehabilitation workers;

(2) have adequate administrative ability to ensure availability of services;

(3) ensure adequate preservice and inservice and ongoing training for staff;

(4) ensure that mental health professionals, mental health practitioners, and mental health
rehabilitation workers are skilled in the delivery of the specific adult rehabilitative mental
health services provided to the individual eligible recipient;

(5) ensure that staff is capable of implementing culturally specific services that are
culturally competent and appropriate as determined by the recipient's culture, beliefs, values,
and language as identified in the individual treatment plan;

(6) ensure enough flexibility in service delivery to respond to the changing and
intermittent care needs of a recipient as identified by the recipient and the individual treatment
plan;

(7) ensure that the mental health professional or mental health practitioner, who is under
the clinical supervision of a mental health professional, involved in a recipient's services
participates in the development of the individual treatment plan;

(8) assist the recipient in arranging needed crisis assessment, intervention, and
stabilization services;

(9) ensure that services are coordinated with other recipient mental health services
providers and the county mental health authority and the federally recognized American
Indian authority and necessary others after obtaining the consent of the recipient. Services
must also be coordinated with the recipient's case manager or care coordinator if the recipient
is receiving case management or care coordination services;

(10) develop and maintain recipient files, individual treatment plans, and contact charting;

(11) develop and maintain staff training and personnel files;

(12) submit information as required by the state;

(13) establish and maintain a quality assurance plan to evaluate the outcome of services
provided;

(14) keep all necessary records required by law;

(15) deliver services as required by section 245.461;

(16) comply with all applicable laws;

(17) be an enrolled Medicaid provider;

(18) maintain a quality assurance plan to determine specific service outcomes and the
recipient's satisfaction with services; and

(19) develop and maintain written policies and procedures regarding service provision
and administration of the provider entity.

Sec. 11.

Minnesota Statutes 2016, section 256B.0624, subdivision 4, is amended to read:

Subd. 4.

Provider entity standards.

(a) A provider entity is an entity that meets the
standards listed in paragraph deleted text begin (b) deleted text end new text begin (c) new text end and:

(1) is a county board operated entity; or

(2) is a provider entity that is under contract with the county board in the county where
the potential crisis or emergency is occurring. To provide services under this section, the
provider entity must directly provide the services; or if services are subcontracted, the
provider entity must maintain responsibility for services and billing.

(b) new text begin A provider entity that is providing crisis stabilization services in a residential setting
as described in subdivision 7 is exempt from the requirements of paragraph (a) but must
meet the standards of paragraph (c).
new text end

new text begin (c) new text end The adult mental health crisis response services provider entity must have the capacity
to meet and carry out the following standards:

(1) has the capacity to recruit, hire, and manage and train mental health professionals,
practitioners, and rehabilitation workers;

(2) has adequate administrative ability to ensure availability of services;

(3) is able to ensure adequate preservice and in-service training;

(4) is able to ensure that staff providing these services are skilled in the delivery of
mental health crisis response services to recipients;

(5) is able to ensure that staff are capable of implementing culturally specific treatment
identified in the individual treatment plan that is meaningful and appropriate as determined
by the recipient's culture, beliefs, values, and language;

(6) is able to ensure enough flexibility to respond to the changing intervention and care
needs of a recipient as identified by the recipient during the service partnership between
the recipient and providers;

(7) is able to ensure that mental health professionals and mental health practitioners have
the communication tools and procedures to communicate and consult promptly about crisis
assessment and interventions as services occur;

(8) is able to coordinate these services with county emergency services, community
hospitals, ambulance, transportation services, social services, law enforcement, and mental
health crisis services through regularly scheduled interagency meetings;

(9) is able to ensure that mental health crisis assessment and mobile crisis intervention
services are available 24 hours a day, seven days a week;

(10) is able to ensure that services are coordinated with other mental health service
providers, county mental health authorities, or federally recognized American Indian
authorities and others as necessary, with the consent of the adult. Services must also be
coordinated with the recipient's case manager if the adult is receiving case management
services;

(11) is able to ensure that crisis intervention services are provided in a manner consistent
with sections 245.461 to 245.486;

(12) is able to submit information as required by the state;

(13) maintains staff training and personnel files;

(14) is able to establish and maintain a quality assurance and evaluation plan to evaluate
the outcomes of services and recipient satisfaction;

(15) is able to keep records as required by applicable laws;

(16) is able to comply with all applicable laws and statutes;

(17) is an enrolled medical assistance provider; and

(18) develops and maintains written policies and procedures regarding service provision
and administration of the provider entity, including safety of staff and recipients in high-risk
situations.

new text begin (d) A provider entity that is providing crisis stabilization services in a residential setting
as described in subdivision 7, is not required to meet the requirements of paragraph (a), but
must still meet the standards of paragraph (c). A provider entity that is providing crisis
stabilization services in a residential setting as described in subdivision 7 must specify in
the provider entity's application what geographic area and populations will be primarily
served by the proposed program. A provider must submit evidence that in planning for the
proposed program it has solicited feedback from the county in which the proposed program
would be located regarding how the proposed programming relates to the types of
programming identified by the local mental health authority as being needed for the county
in which the proposed program would be located and how the proposed populations to be
served relate to the populations identified by the local mental health authority as being in
need of services for the county in which the proposed program would be located. A provider
must submit evidence that it has identified a process for aligning the proposed program with
the local mental health authority's efforts. A provider must submit evidence of ongoing
relationships with other providers, the county where the program will be located, and levels
of care to facilitate referrals to and from the proposed program. The commissioner may
deny approval of a provider entity's application if the commissioner determines that the
services currently available in the local area are sufficient to meet local need and that the
addition of new services would be detrimental to individuals seeking these services.
new text end

Sec. 12.

Minnesota Statutes 2017 Supplement, section 256B.0625, subdivision 56a, is
amended to read:

Subd. 56a.

deleted text begin Post-arrest deleted text end new text begin Officer-involved new text end community-based deleted text begin service deleted text end new text begin care new text end coordination.

(a) Medical assistance covers deleted text begin post-arrest deleted text end new text begin officer-involved new text end community-based deleted text begin service deleted text end new text begin care
new text end coordination for an individual who:

(1) has deleted text begin been identified as having deleted text end new text begin screened positive for benefiting from treatment for new text end a
mental illness or substance use disorder using a deleted text begin screening deleted text end tool approved by the commissioner;

(2) does not require the security of a public detention facility and is not considered an
inmate of a public institution as defined in Code of Federal Regulations, title 42, section
435.1010;

(3) meets the eligibility requirements in section 256B.056; and

(4) has agreed to participate in deleted text begin post-arrest deleted text end new text begin officer-involved new text end community-based deleted text begin service deleted text end
new text begin care new text end coordination deleted text begin through a diversion contract in lieu of incarceration deleted text end .

(b) deleted text begin Post-arrest deleted text end new text begin Officer-involved new text end community-based deleted text begin service deleted text end new text begin care new text end coordination means
navigating services to address a client's mental health, chemical health, social, economic,
and housing needs, or any other activity targeted at reducing the incidence of jail utilization
and connecting individuals with existing covered services available to them, including, but
not limited to, targeted case management, waiver case management, or care coordination.

(c) deleted text begin Post-arrest deleted text end new text begin Officer-involved new text end community-based deleted text begin service deleted text end new text begin care new text end coordination must be
provided by an individual who is an employee of a county deleted text begin or deleted text end new text begin , new text end is under contract with a county new text begin ,
or is an employee of or under contract with an Indian health service facility or facility owned
and operated by a tribe or a tribal organization operating under Public Law 93-638 as a 638
facility new text end to provide deleted text begin post-arrest deleted text end new text begin officer-involved new text end community-based new text begin care new text end coordination and is
qualified under one of the following criteria:

(1) a licensed mental health professional as defined in section 245.462, subdivision 18,
clauses (1) to (6);

(2) a mental health practitioner as defined in section 245.462, subdivision 17, working
under the clinical supervision of a mental health professional; deleted text begin or
deleted text end

(3) a certified peer specialist under section 256B.0615, working under the clinical
supervision of a mental health professional new text begin ;
new text end

new text begin (4) an individual qualified as an alcohol and drug counselor under section 254G.11,
subdivision 5; or
new text end

new text begin (5) a recovery peer qualified under section 245G.11, subdivision 8, working under the
supervision of an individual qualified as an alcohol and drug counselor under section
245G.11, subdivision 5 new text end .

(d) Reimbursement is allowed for up to 60 days following the initial determination of
eligibility.

(e) Providers of deleted text begin post-arrest deleted text end new text begin officer-involved new text end community-based deleted text begin service deleted text end new text begin care new text end coordination
shall annually report to the commissioner on the number of individuals served, and number
of the community-based services that were accessed by recipients. The commissioner shall
ensure that services and payments provided under deleted text begin post-arrest deleted text end new text begin officer-involved
new text end community-based deleted text begin service deleted text end new text begin care new text end coordination do not duplicate services or payments provided
under section 256B.0625, subdivision 20, 256B.0753, 256B.0755, or 256B.0757.

(f) Notwithstanding section 256B.19, subdivision 1, the nonfederal share of cost for
post-arrest community-based service coordination services shall be provided by the county
providing the services, from sources other than federal funds or funds used to match other
federal funds.