SF 469

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 03/05/2013 09:09am

A bill for an act
relating to human services; creating a chemical health navigation program;
proposing coding for new law in Minnesota Statutes, chapter 254B.

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

Section 1.

[254B.14] CHEMICAL HEALTH NAVIGATION PROGRAM.

Subdivision 1.

Establishment; purpose.

(a) There is established a state-county
chemical health navigation program. The Department of Human Services and interested
counties shall work in partnership to augment the current chemical health service delivery
system to promote better outcomes for eligible individuals and greater accountability and
productivity in the delivery of state and county funded chemical dependency services.

(b) The navigation program shall allow flexibility for eligible individuals to
timely access needed services as well as to align systems and services to offer the most
appropriate level of chemical health services to eligible individuals.

(c) Chemical health navigation programs must maintain eligibility requirements for
the consolidated chemical dependency treatment fund, continue to meet the requirements
of Minnesota Rules, parts 9530.6405 to 9530.6505 and 9530.6600 to 9530.6655, and must
not put current and future federal funding of chemical health services at risk.

Subd. 2.

Program implementation.

(a) Each county's participation in the chemical
health navigation program is voluntary.

(b) The commissioner and each county participating in the chemical health
navigation program shall enter into an agreement governing the operation of the county's
navigation program. Each county shall implement its program within 60 days of the final
agreement with the commissioner.

Subd. 3.

Notice of program discontinuation.

Each county's participation in the
chemical health navigation program may be discontinued for any reason by the county or
the commissioner after 30 days' written notice to the other party. Any unspent funds held
for the exiting county's pro rata share in the special revenue fund under the authority in
subdivision 5, paragraph (d), shall be transferred to the consolidated chemical dependency
treatment fund following discontinuation of the program.

Subd. 4.

Eligibility for navigator program.

To be considered for participation in
a navigator program, an individual must:

(1) be a resident of a county with an approved navigator program;

(2) be eligible for chemical dependency fund services;

(3) be a voluntary participant in the navigator program;

(4) have at least one severity rating of two or above in dimensions four, five, or six
in a comprehensive assessment under Minnesota Rules, part 9530.6422; and

(5) have had at least two treatment episodes in the past two years, not limited
to episodes reimbursed by the consolidated chemical dependency treatment funds. An
admission to an emergency room, a detoxification program, or a hospital may be substituted
for a treatment episode if it resulted from the individual's substance use disorder.

Subd. 5.

Duties of commissioner.

(a) Notwithstanding any other provisions in this
chapter, the commissioner may authorize chemical health navigator programs to use
chemical dependency treatment funds to pay for nontreatment services:

(1) in addition to those authorized under section 254B.03, subdivision 2, paragraph
(a); and

(2) by vendors in addition to those authorized under section 254B.05 when not
providing chemical dependency treatment services.

(b) Participating counties may contract with providers to provide nontreatment
services pursuant to section 256B.69, subdivision 6, paragraph (c).

(c) For the purposes of this section, "nontreatment services" include community-based
navigator services, peer support, family engagement and support, housing support and rent
subsidy for up to 90 days, supported employment, and independent living skills.

(d) State expenditures for chemical dependency services and nontreatment
services provided through the navigator programs must not be greater than the chemical
dependency treatment fund expected share of forecasted expenditures in the absence of
the navigator programs. The commissioner may restructure the schedule of payments
between the state and participating counties under the local agency share and division of
cost provisions under section 254B.03, subdivisions 3 and 4, as necessary to facilitate
the operation of the navigation programs.

(e) The commissioner may waive administrative rule requirements that are
incompatible with the implementation of navigator programs, except that any chemical
dependency treatment funded under this section must continue to be provided by a
licensed treatment provider.

(f) The commissioner shall not approve or enter into any agreement related to
navigator programs authorized under this section that puts current or future federal
funding at risk.

(g) The commissioner shall provide participating counties with transactional data,
reports, provider data, and other data generated by county activity to assess and measure
outcomes. This information must be transmitted to participating counties at least once
every six months.

Subd. 6.

Duties of county board.

The county board, or other county entity that is
approved to administer a navigator program, shall:

(1) administer the program in a manner consistent with this section;

(2) ensure that no one is denied chemical dependency treatment services for which
they would otherwise be eligible under section 254A.03, subdivision 3; and

(3) provide the commissioner with timely and pertinent information as negotiated in
the agreement governing operation of the county's navigator program.

Subd. 7.

Managed care.

(a) An individual who is eligible for the navigator program
under subdivision 4 is excluded from mandatory enrollment in managed care until these
services are included in the health plans' benefit set.

(b) The commissioner shall seek any federal waivers and approvals necessary to
allow managed care organizations to use capitated funds received from the commissioner
to access nontreatment services defined in subdivision 5.

EFFECTIVE DATE.

This section is effective the day following final enactment.