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SF 492

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/26/2021 09:40am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to human services; extending the waiver allowing for remote provisions
of certain services under home and community-based services waivers; requiring
the commissioner to develop a proposal for a new medical assistance covered
service; requiring the commissioner of human services to seek advice related to
unit-based services; amending Laws 2020, First Special Session chapter 7, section
1, as amended.

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

Section 1.

Laws 2020, First Special Session chapter 7, section 1, subdivision 2, as amended
by Laws 2020, Third Special Session chapter 1, section 3, is amended to read:


Subd. 2.

Waivers and modifications; extension to June 30, 2021.

When the peacetime
emergency declared by the governor in response to the COVID-19 outbreak expires, is
terminated, or is rescinded by the proper authority, the following waivers and modifications
to human services programs issued by the commissioner of human services pursuant to
Executive Orders 20-11 and 20-12, including any amendments to the waivers or modifications
issued before the peacetime emergency expires, shall remain in effect until June 30, 2021,
unless necessary federal approval is not received at any time for a waiver or modification:

(1) CV15: allowing phone or video visits for waiver programs;

(2) CV16: expanding access to telemedicine services for Children's Health Insurance
Program, Medical Assistance, and MinnesotaCare enrollees;

(3) CV21: allowing telemedicine alternative for school-linked mental health services
and intermediate school district mental health services;

(4) CV24: allowing phone or video use for targeted case management visits;

(5) CV30: expanding telemedicine in health care, mental health, and substance use
disorder settings;

(6) CV31: allowing partial waiver of county cost when COVID-19 delays discharges
from DHS-operated psychiatric hospitals;

(7) CV38: allowing flexibility in housing licensing requirements;

(8) deleted text beginCV43: expanding remote home and community-based services waiver services;
deleted text end

deleted text begin (9)deleted text end CV44: allowing remote delivery of adult day services;

deleted text begin (10)deleted text endnew text begin (9)new text end CV45: modifying certain licensing requirements for substance use disorder
treatment, except that the extension shall be limited to the portions of this modification
requiring programs to become and remain familiar with Minnesota Department of Health
and Centers for Disease Control and Prevention guidance on COVID-19; requiring programs
to follow Minnesota Department of Health and Centers for Disease Control and Prevention
guidance specific to the situation and program capabilities if a person receiving services or
a staff person tests positive for COVID-19; permitting programs to temporarily suspend
group counseling or limit attendance at sessions when unable to accommodate requirements
for social distancing and community mitigation; permitting comprehensive assessments to
be completed by telephone or video communication; permitting a counselor, recovery peer,
or treatment coordinator to provide treatment services from their home by telephone or
video communication to a client in their home; permitting programs to follow the Substance
Abuse and Mental Health Services Administration guidelines as directed by the State Opioid
Treatment Authority within the Department of Human Services Behavioral Health division
to allow for an increased number of take-home doses in accordance with an assessment
conducted under Minnesota Statutes, section 245G.22, subdivision 6; removing the
requirement for opioid treatment programs to conduct outreach activities in the community;
and permitting programs to document a client's verbal approval of a treatment plan instead
of requiring the client's signature;

deleted text begin (11)deleted text end new text begin(10) new text endCV49: modifying certain license requirements for adult day services;

deleted text begin (12)deleted text endnew text begin (11)new text end CV50: modifying certain requirements for early intensive developmental and
behavioral intervention (EIDBI) services;

deleted text begin (13)deleted text endnew text begin (12)new text end CV53: allowing flexibility for personal care assistance service oversight, except
that the portion of this modification permitting personal care assistance workers to bill 310
hours per month shall expire upon the expiration of the peacetime emergency;

deleted text begin (14)deleted text endnew text begin (13)new text end CV64: modifying certain certification requirements for mental health centers,
except that the extension shall be limited to the portions of this modification requiring
programs to become and remain familiar with Minnesota Department of Health and Centers
for Disease Control and Prevention guidance on COVID-19; requiring programs to follow
Minnesota Department of Health and Centers for Disease Control and Prevention guidance
specific to the situation and program capabilities if a person receiving services or a staff
person tests positive for COVID-19; permitting alternative mental health professional
supervision of clinical services at satellite locations; permitting an alternative process for
case consultation meetings; and permitting mental health professionals to provide required
client-specific supervisory contact by telephone or video communication instead of
face-to-face supervision; and

deleted text begin (15)deleted text endnew text begin (14)new text end CV03: suspending application requirements for economic assistance programs,
except that the extension shall be limited to the portions of this modification allowing remote
interviews for the Minnesota family investment program, and allowing the use of electronic
signatures for enrollment verification. Verbal signatures shall not be permitted for enrollment
verification.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Laws 2020, First Special Session chapter 7, section 1, as amended by Laws 2020,
Third Special Session chapter 1, section 3, is amended to read:


new text begin Subd. 5. new text end

new text begin Waivers and modifications; extension to June 30, 2022. new text end

new text begin When the peacetime
emergency declared by the governor in response to the COVID-19 outbreak expires, is
terminated, or is rescinded by the proper authority, the following waivers and modifications
to human services programs issued by the commissioner of human services pursuant to
Executive Orders 20-11 and 20-12, including any amendments to the waivers or modifications
issued before the peacetime emergency expires, shall remain in effect until June 30, 2022,
unless necessary federal approval is not received at any time for a waiver or modification:
new text end

new text begin CV43: expanding remote home and community-based services waiver services.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3. new text beginDIRECTION TO THE COMMISSIONER OF HUMAN SERVICES; DIRECT
CARE SERVICES DURING SHORT-TERM ACUTE HOSPITAL VISITS.
new text end

new text begin The commissioner of human services, in consultation with stakeholders, shall develop
a new covered service under Minnesota Statutes, chapter 256B, or develop modifications
to existing covered services, that permits receipt of direct care services in an acute care
hospital in a manner consistent with the requirements of United States Code, title 42, section
1396a(h). By December 31, 2021, the commissioner must provide to the chairs and ranking
minority members of the house of representatives and senate committees and divisions with
jurisdiction over direct care services any draft legislation as may be necessary to implement
the new or modified covered service.
new text end

Sec. 4. new text beginDIRECTION TO THE COMMISSIONER OF HUMAN SERVICES;
RECOMMENDATIONS ON PROVIDING SERVICES IN THE COMMUNITY.
new text end

new text begin (a) The commissioner of human services shall appoint under Minnesota Statutes, section
256.01, subdivision 6, the Unit-Based Services Advisory Task Force to advise the
commissioner on legislative changes to Minnesota Statutes, chapter 245D, related to the
provision of unit-based services in the community that in the opinion of the advisory task
force are necessary. The advisory task force must include:
new text end

new text begin (1) one representative from the Department of Human Services;
new text end

new text begin (2) two representatives of lead agencies;
new text end

new text begin (3) one representative of the Association of Residential Resources in Minnesota;
new text end

new text begin (4) one representative of the Minnesota Disability Law Center;
new text end

new text begin (5) one representative of The Arc Minnesota;
new text end

new text begin (6) two individuals accessing services in a community-living setting as defined in
Minnesota Statutes, section 256B.49, subdivision 23; and
new text end

new text begin (7) one parent advocate.
new text end

new text begin The department shall host quarterly meetings of the advisory task force. The commissioner
may develop subcommittees. Advisory task force meetings are subject to the Open Meeting
Law under Minnesota Statutes, chapter 13D.
new text end

new text begin (b) The advisory task force will provide a written report with recommendations to the
commissioner by June 30, 2022.
new text end

new text begin (c) Persons with disabilities and family members of persons with disabilities are eligible
for compensation for participation in this task force.
new text end

new text begin (d) The advisory task force expires on June 30, 2022.
new text end