SF 3379

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/12/2024 04:13pm

A bill for an act
relating to behavioral health; modifying requirements for peer recovery support
services and recovery peers; requiring the development of a tiered reimbursement
rate structure for recovery peers; appropriating money; amending Minnesota
Statutes 2023 Supplement, sections 245G.07, subdivision 2; 245I.04, subdivisions
18, 19; 254B.05, subdivision 1.

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

Section 1.

Minnesota Statutes 2023 Supplement, section 245G.07, subdivision 2, is
amended to read:

Subd. 2.

Additional treatment service.

new text begin (a) new text end A license holder may provide or arrange
the following additional treatment service as a part of the client's individual treatment plan:

(1) relationship counseling provided by a qualified professional to help the client identify
the impact of the client's substance use disorder on others and to help the client and persons
in the client's support structure identify and change behaviors that contribute to the client's
substance use disorder;

(2) therapeutic recreation to allow the client to participate in recreational activities
without the use of mood-altering chemicals and to plan and select leisure activities that do
not involve the inappropriate use of chemicals;

(3) stress management and physical well-being to help the client reach and maintain an
appropriate level of health, physical fitness, and well-being;

(4) living skills development to help the client learn basic skills necessary for independent
living;

(5) employment or educational services to help the client become financially independent;

(6) socialization skills development to help the client live and interact with others in a
positive and productive manner;

(7) room, board, and supervision at the treatment site to provide the client with a safe
and appropriate environment to gain and practice new skills; and

(8) peer recovery support services provided by an individual in recovery qualified
according to section 245I.04, subdivision 18. Peer new text begin recovery new text end support services include
education; new text begin recovery wellness planning; new text end advocacy; mentoring through self-disclosure of
personal recovery experiences; attending recovery and other support groups with a client;
accompanying the client to appointments that support recovery; assistance accessing resources
to obtain housing, employment, education, and advocacy services; and nonclinical recovery
support to assist the transition from treatment into the recovery community. new text begin Nonclinical
recovery support may include attending informal events or gatherings of individuals in
recovery with a client, subject to the restrictions under paragraph (b).
new text end

new text begin (b) No more than ten percent of a license holder's total monthly billing hours for peer
recovery support services provided to a client may be for attendance at informal events or
gatherings of individuals in recovery.
new text end

Sec. 2.

Minnesota Statutes 2023 Supplement, section 245I.04, subdivision 18, is amended
to read:

Subd. 18.

Recovery peer qualifications.

(a) A recovery peer must:

(1) have a minimum of one year in recovery from substance use disorder; and

(2) hold a current credential from the Minnesota Certification Board, the Upper Midwest
Indian Council on Addictive Disorders, or the National Association for Alcoholism and
Drug Abuse Counselors that demonstrates skills and training in the domains of ethics and
boundaries, advocacy, mentoring and education, and recovery and wellness support.

(b) A recovery peer who receives a credential from a Tribal Nation when providing peer
recovery support services in a tribally licensed program satisfies the requirement in paragraph
(a), clause (2).

new text begin (c) A recovery peer who meets the requirements under paragraphs (a) and (b) is qualified
to provide peer recovery support services and group recovery education for a group of more
than four clients and up to ten clients, if the recovery peer has completed the training on
group education peer recovery support developed by the Minnesota Certification Board.
new text end

Sec. 3.

Minnesota Statutes 2023 Supplement, section 245I.04, subdivision 19, is amended
to read:

Subd. 19.

Recovery peer scope of practice.

new text begin (a) new text end A recovery peer, under the supervision
of deleted text begin an deleted text end new text begin a licensed new text end alcohol and drug counselor new text begin or mental health professional who meets the
qualifications under subdivision 2 new text end , must:

(1) provide individualized peer support new text begin and recovery wellness planning new text end to each client;

(2) promote a client's recovery goals, self-sufficiency, self-advocacy, and development
of natural supports; and

(3) support a client's maintenance of skills that the client has learned from other services.

new text begin (b) A licensed alcohol and drug counselor or mental health professional providing
supervision to a recovery peer must meet with the recovery peer face-to-face, either remotely
or in person, at least once per month, in order to provide adequate supervision to the recovery
peer. Supervision must include reviewing recovery wellness plans for clients, and may
include client updates, discussion of ethical considerations, and any other questions or issues
relevant to peer recovery support services.
new text end

Sec. 4.

Minnesota Statutes 2023 Supplement, section 254B.05, subdivision 1, is amended
to read:

Subdivision 1.

Licensure required.

(a) Programs licensed by the commissioner are
eligible vendors. Hospitals may apply for and receive licenses to be eligible vendors,
notwithstanding the provisions of section 245A.03. American Indian programs that provide
substance use disorder treatment, extended care, transitional residence, or outpatient treatment
services, and are licensed by tribal government are eligible vendors.

(b) A licensed professional in private practice as defined in section 245G.01, subdivision
17, who meets the requirements of section 245G.11, subdivisions 1 and 4, is an eligible
vendor of a comprehensive assessment and assessment summary provided according to
section 245G.05, and treatment services provided according to sections 245G.06 and
245G.07, subdivision 1, paragraphs (a), clauses (1) to (5), and (b); and subdivision 2, clauses
(1) to (6).

(c) A county is an eligible vendor for a comprehensive assessment and assessment
summary when provided by an individual who meets the staffing credentials of section
245G.11, subdivisions 1 and 5, and completed according to the requirements of section
245G.05. A county is an eligible vendor of care coordination services when provided by an
individual who meets the staffing credentials of section 245G.11, subdivisions 1 and 7, and
provided according to the requirements of section 245G.07, subdivision 1, paragraph (a),
clause (5). A county is an eligible vendor of peer recovery services when the services are
provided by an individual who meets the requirements of section 245G.11, subdivision 8.

(d) A recovery community organization that meets the requirements of clauses (1) to
(10) and meets membership or accreditation requirements of the Association of Recovery
Community Organizations, the Council on Accreditation of Peer Recovery Support Services,
or a Minnesota statewide recovery community organization identified by the commissioner
is an eligible vendor of peer support services. Eligible vendors under this paragraph must:

(1) be nonprofit organizations;

(2) be led and governed by individuals in the recovery community, with more than 50
percent of the board of directors or advisory board members self-identifying as people in
personal recovery from substance use disorders;

(3) primarily focus on recovery from substance use disorders, with missions and visions
that support this primary focus;

(4) be grassroots and reflective of and engaged with the community served;

(5) be accountable to the recovery community through processes that promote the
involvement and engagement of, and consultation with, people in recovery and their families,
friends, and recovery allies;

(6) provide nonclinical peer recovery support services, including but not limited to
recovery support groups, recovery coaching, telephone recovery support, skill-building
groups, and harm-reduction activities;

(7) allow for and support opportunities for all paths toward recovery and refrain from
excluding anyone based on their chosen recovery path, which may include but is not limited
to harm reduction paths, faith-based paths, and nonfaith-based paths;

(8) be purposeful in meeting the diverse needs of Black, Indigenous, and people of color
communities, including board and staff development activities, organizational practices,
service offerings, advocacy efforts, and culturally informed outreach and service plans;

(9) be stewards of recovery-friendly language that is supportive of and promotes recovery
across diverse geographical and cultural contexts and reduces stigma; deleted text begin and
deleted text end

new text begin (10) ensure and document supervision of recovery peers under section 245I.04,
subdivision 19, and fully reimburse supervising professionals for supervision hours
conducted;
new text end

new text begin (11) ensure compliance with all relevant statutes and rules, including but not limited to
the requirements for peer recovery support services under section 245G.07, subdivision 2,
and recovery peers under section 245I.04, subdivisions 18 and 19; and
new text end

deleted text begin (10) deleted text end new text begin (12) new text end maintain an employee and volunteer code of ethics and easily accessible
grievance procedures posted in physical spaces, on websites, or on program policies or
forms.

(e) Recovery community organizations approved by the commissioner before June 30,
2023, shall retain their designation as recovery community organizations.

(f) A recovery community organization that is aggrieved by an accreditation or
membership determination and believes it meets the requirements under paragraph (d) may
appeal the determination under section 256.045, subdivision 3, paragraph (a), clause (15),
for reconsideration as an eligible vendor.

(g) Detoxification programs licensed under Minnesota Rules, parts 9530.6510 to
9530.6590, are not eligible vendors. Programs that are not licensed as a residential or
nonresidential substance use disorder treatment or withdrawal management program by the
commissioner or by tribal government or do not meet the requirements of subdivisions 1a
and 1b are not eligible vendors.

(h) Hospitals, federally qualified health centers, and rural health clinics are eligible
vendors of a comprehensive assessment when the comprehensive assessment is completed
according to section 245G.05 and by an individual who meets the criteria of an alcohol and
drug counselor according to section 245G.11, subdivision 5. The alcohol and drug counselor
must be individually enrolled with the commissioner and reported on the claim as the
individual who provided the service.

Sec. 5. new text begin RECOVERY PEERS; TIERED REIMBURSEMENT RATES.
new text end

new text begin (a) The commissioner of human services shall develop and implement a tiered
reimbursement rate structure for recovery peers who meet the qualifications under Minnesota
Statutes, section 245I.04, subdivision 18. The rate structure must include three rate tiers, as
follows:
new text end

new text begin (1) tier one, providing peer recovery support services on a one-on-one basis;
new text end

new text begin (2) tier two, providing peer recovery support services for a group of up to four clients,
if appropriate based on each client's recovery wellness plan; and
new text end

new text begin (3) tier three, providing peer recovery support services and group recovery education
for a group of more than four clients and up to ten clients, if the recovery peer has completed
the required training under Minnesota Statutes, section 245I.04, subdivision 18, paragraph
(c).
new text end

new text begin (b) The commissioner shall implement the tiered reimbursement rate structure no later
than September 1, 2024, for tier one and tier two services, and no later than December 1,
2024, for tier three.
new text end

Sec. 6. new text begin APPROPRIATION; RECOVERY PEER TRAINING GRANT.
new text end

new text begin $....... in fiscal year 2025 is appropriated from the general fund to the commissioner of
human services for a grant to the Minnesota Certification Board, to develop a five- to
ten-hour training course for recovery peers seeking to become qualified to provide group
education peer recovery support services to groups of more than four clients, under Minnesota
Statutes, section 245I.04, subdivision 18, paragraph (c). The training course developed
under this section must be available in person and online no later than December 1, 2024,
and must include documentation of satisfactory completion.
new text end