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SF 4473

as introduced - 92nd Legislature (2021 - 2022) Posted on 06/22/2022 10:27am

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

Current Version - as introduced

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A bill for an act
relating to human services; modifying adult mental health services funding
structures; appropriating money; amending Minnesota Statutes 2020, section
245.4661, as amended.

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

Section 1.

Minnesota Statutes 2020, section 245.4661, as amended by Laws 2021, chapter
30, article 17, section 21, is amended to read:


245.4661 deleted text begin PILOT PROJECTS;deleted text end ADULT MENTAL HEALTHnew text begin INITIATIVEnew text end
SERVICES.

Subdivision 1.

deleted text begin Authorization for pilot projectsdeleted text end new text begin Adult mental health initiative
services
new text end .

deleted text begin The commissioner of human services may approve pilot projects to provide
alternatives to or enhance coordination of
deleted text end new text begin Each county board must provide or contract for
sufficient infrastructure for
new text end the delivery of mental health services deleted text begin required under the
Minnesota Comprehensive Adult Mental Health Act, sections 245.461 to 245.486
deleted text end new text begin for adults
in the county with serious and persistent mental illness through adult mental health initiatives
new text end .new text begin
A client may be required to pay a fee for services pursuant to section 245.481. Adult mental
health initiatives must be designed to improve the ability of adults with serious and persistent
mental illness to receive services.
new text end

Subd. 2.

Program design and implementation.

deleted text begin The pilot projectsdeleted text end new text begin Adult mental health
initiatives
new text end shall be deleted text begin established to design, plan, and improve thedeleted text end new text begin responsible for designing,
planning, improving, and maintaining a
new text end mental health service delivery system for adults
with serious and persistent mental illness that would:

(1) provide an expanded array of services from which clients can choose services
appropriate to their needs;

(2) be based on purchasing strategies that improve access and coordinate services without
cost shifting;

(3) incorporate existing state facilities and resources into the community mental health
infrastructure through creative partnerships with local vendors; and

(4) utilize existing categorical funding streams and reimbursement sources in combined
and creative ways, except appropriations to regional treatment centers and all funds that are
attributable to the operation of state-operated services are excluded unless appropriated
specifically by the legislature for a purpose consistent with this section or section 246.0136,
subdivision 1
.

Subd. 3.

deleted text begin Programdeleted text end new text begin Adult mental health initiativenew text end evaluation.

Evaluation of each deleted text begin projectdeleted text end new text begin
adult mental health initiative
new text end will be based on outcome evaluation criteria negotiated with
each deleted text begin projectdeleted text end new text begin county or regionnew text end prior to implementation.

Subd. 4.

Notice of deleted text begin projectdeleted text end new text begin adult mental health initiativenew text end discontinuation.

Each deleted text begin projectdeleted text end new text begin
adult mental health initiative
new text end may be discontinued for any reason by the deleted text begin project'sdeleted text end managing
entity or the commissioner of human services, after 90 days' written notice to the other
party.

Subd. 5.

Planning for deleted text begin pilot projectsdeleted text end new text begin adult mental health initiativesnew text end .

(a) Each local
plan for deleted text begin a pilot projectdeleted text end new text begin adult mental health initiative servicesnew text end , with the exception of the
placement deleted text begin of a Minnesota specialty treatment facility as defined in paragraph (c)deleted text end new text begin of intensive
residential treatment services facilities licensed under chapter 245I
new text end , must be developed
under the direction of the county board, or multiple county boards acting jointly, as the local
mental health authority. The planning process for each deleted text begin pilotdeleted text end new text begin adult mental health initiativenew text end
shall include, but not be limited to, mental health consumers, families, advocates, local
mental health advisory councils, local and state providers, representatives of state and local
public employee bargaining units, and the department of human services. As part of the
planning process, the county board or boards shall designate a managing entity responsible
for receipt of funds and management of deleted text begin the pilot projectdeleted text end new text begin adult mental health initiativesnew text end .

(b) For deleted text begin Minnesota specialtydeleted text end new text begin intensive residentialnew text end treatmentnew text begin servicesnew text end facilities, the
commissioner shall issue a request for proposal for regions in which a need has been
identified for services.

deleted text begin (c) For purposes of this section, "Minnesota specialty treatment facility" is defined as
an intensive residential treatment service licensed under chapter 245I.
deleted text end

Subd. 6.

Duties of commissioner.

(a) For purposes of deleted text begin the pilot projectsdeleted text end new text begin adult mental
health initiatives
new text end , the commissioner shall facilitate integration of funds or other resources
as needed and requested by each deleted text begin projectdeleted text end new text begin adult mental health initiativenew text end . These resources may
include:

(1) community support services funds administered under Minnesota Rules, parts
9535.1700 to 9535.1760;

(2) other mental health special project funds;

(3) medical assistance, MinnesotaCare, and housing support under chapter 256I if
requested by the deleted text begin project'sdeleted text end new text begin adult mental health initiative'snew text end managing entity, and if the
commissioner determines this would be consistent with the state's overall health care reform
efforts; and

(4) regional treatment center resources consistent with section 246.0136, subdivision 1.

(b) The commissioner shall consider the following criteria in awarding start-up and
implementation grants for deleted text begin the pilot projectsdeleted text end new text begin adult mental health initiativesnew text end :

(1) the ability of the proposed deleted text begin projectsdeleted text end new text begin initiativesnew text end to accomplish the objectives described
in subdivision 2;

(2) the size of the target population to be served; and

(3) geographical distribution.

(c) The commissioner shall review overall status of the deleted text begin projectsdeleted text end initiatives at least every
two years and recommend any legislative changes needed by January 15 of each
odd-numbered year.

(d) The commissioner may waive administrative rule requirements which are incompatible
with the implementation of the deleted text begin pilot projectdeleted text end new text begin adult mental health initiativenew text end .

(e) The commissioner may exempt the participating counties from fiscal sanctions for
noncompliance with requirements in laws and rules which are incompatible with the
implementation of the deleted text begin pilot projectdeleted text end new text begin adult mental health initiativenew text end .

(f) The commissioner may award grants to an entity designated by a county board or
group of county boards to pay for start-up and implementation costs of the deleted text begin pilot projectdeleted text end new text begin
adult mental health initiative
new text end .

Subd. 7.

Duties of county board.

The county board, or other entity which is approved
to administer deleted text begin a pilot projectdeleted text end new text begin an adult mental health initiativenew text end , shall:

(1) administer the deleted text begin projectdeleted text end new text begin initiativenew text end in a manner which is consistent with the objectives
described in subdivision 2 and the planning process described in subdivision 5;

(2) assure that no one is denied services for which they would otherwise be eligible; and

(3) provide the commissioner of human services with timely and pertinent information
through the following methods:

(i) submission of mental health plans and plan amendments which are based on a format
and timetable determined by the commissioner;

(ii) submission of social services expenditure and grant reconciliation reports, based on
a coding format to be determined by mutual agreement between the deleted text begin project'sdeleted text end new text begin initiative'snew text end
managing entity and the commissioner; and

(iii) submission of data and participation in an evaluation of the deleted text begin pilot projectsdeleted text end new text begin adult
mental health initiatives
new text end , to be designed cooperatively by the commissioner and the deleted text begin projectsdeleted text end new text begin
initiatives
new text end .

Subd. 8.

Budget flexibility.

The commissioner may make budget transfers that do not
increase the state share of costs to effectively implement the restructuring of adult mental
health services.

Subd. 9.

Services and programs.

(a) The following three distinct grant programs are
funded under this section:

(1) mental health crisis services;

(2) housing with supports for adults with serious mental illness; and

(3) projects for assistance in transitioning from homelessness (PATH program).

(b) In addition, the following are eligible for grant funds:

(1) community education and prevention;

(2) client outreach;

(3) early identification and intervention;

(4) adult outpatient diagnostic assessment and psychological testing;

(5) peer support services;

(6) community support program services (CSP);

(7) adult residential crisis stabilization;

(8) supported employment;

(9) assertive community treatment (ACT);

(10) housing subsidies;

(11) basic living, social skills, and community intervention;

(12) emergency response services;

(13) adult outpatient psychotherapy;

(14) adult outpatient medication management;

(15) adult mobile crisis services;

(16) adult day treatment;

(17) partial hospitalization;

(18) adult residential treatment;

(19) adult mental health targeted case management;

(20) intensive community rehabilitative services (ICRS); and

(21) transportation.

Subd. 10.

Commissioner duty to report on use of grant funds biennially.

By November
1, 2016, and biennially thereafter, the commissioner of human services shall provide
sufficient information to the members of the legislative committees having jurisdiction over
mental health funding and policy issues to evaluate the use of funds appropriated under this
section deleted text begin of lawdeleted text end . The commissioner shall provide, at a minimum, the following information:

(1) the amount of funding to new text begin adult new text end mental health initiatives, what programs and services
were funded in the previous two years, gaps in services that each initiative brought to the
attention of the commissioner, and outcome data for the programs and services that were
funded; and

(2) the amount of funding for other targeted services and the location of services.

new text begin Subd. 11. new text end

new text begin Adult mental health initiative funding. new text end

new text begin When implementing the reformed
funding formula to distribute adult mental health initiative funds, the commissioner shall
ensure that no adult mental health initiative region receives less than the amount the region
received in fiscal year 2022 in combined adult mental health initiative funding and Moose
Lake Alternative funding.
new text end

Sec. 2. new text begin APPROPRIATION; ADULT MENTAL HEALTH INITIATIVES.
new text end

new text begin $....... in fiscal year 2023 is appropriated from the general fund to the commissioner of
human services to ensure that, pursuant to Minnesota Statutes, 245.4661, subdivision 11,
no adult mental health initiative region receives less money as a result of changes to the
adult mental health initiative funding formula.
new text end