SF 5

as introduced - 91st Legislature, 2020 7th Special Session (2020 - 2020) Posted on 12/15/2020 07:46am

A bill for an act
relating to human services; modifying certified community behavioral health clinic
reimbursement requirements for certain providers; extending the date for coverage
of certain telemedicine services; making technical corrections to Department of
Human Services appropriations; appropriating money; amending Laws 2019, First
Special Session chapter 9, article 14, section 2, subdivisions 3, 22, 24, as amended;
Laws 2020, chapter 70, article 3, section 1.

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

ARTICLE 1

CCBHC REIMBURSEMENT

Section 1. new text begin CERTIFIED COMMUNITY BEHAVIORAL HEALTH CLINIC
REIMBURSEMENT.
new text end

new text begin (a) Notwithstanding any law to the contrary, the commissioner of human services may
reimburse certified community behavioral health clinic (CCBHC) providers who:
new text end

new text begin (1) are certified under Minnesota Statutes, section 245.735, subdivision 3;
new text end

new text begin (2) are enrolled in medical assistance; and
new text end

new text begin (3) are not participating in the federal section 223 CCBHC demonstration.
new text end

new text begin The commissioner may reimburse eligible providers under this section with state funds prior
to obtaining federal approval and federal matching funds, using the prospective payment
rate for CCBHC services provided on a fee-for-service basis as described in Minnesota
Statutes, section 256B.0625, subdivision 5m.
new text end

new text begin (b) Reimbursement under this section is for services covered under Minnesota Statutes,
section 256B.0625, subdivision 5m, provided on a fee-for-service basis on or after October
1, 2020, through June 30, 2021.
new text end

new text begin (c) If federal approval is not obtained on or before June 30, 2021, the commissioner
must recover payments from providers for any portion of payments received that are not
eligible for federal matching funds. Recoveries are not subject to appeal.
new text end

new text begin (d) Paragraphs (a) and (b) of this section expire upon federal approval of CCBHC services
as a covered state plan service or on August 1, 2021, whichever is earlier.
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

ARTICLE 2

TELEMEDICINE

Section 1.

Laws 2020, chapter 70, article 3, section 1, is amended to read:

Section 1. COVERAGE OF TELEMEDICINE SERVICES PROVIDED DIRECTLY
TO A PATIENT AT THE PATIENT'S RESIDENCE; RESPONSE TO COVID-19.

(a) The definition of "originating site" under Minnesota Statutes, section 62A.671,
subdivision 7, includes a patient's residence if the patient is receiving health care services
or consultations by means of telemedicine.

(b) The definition of "telemedicine" under Minnesota Statutes, section 62A.671,
subdivision 9, includes health care services or consultations delivered to a patient at the
patient's residence.

(c) Under Minnesota Statutes, section 62A.672, subdivision 2, a health carrier shall not
exclude or reduce coverage for a health care service or consultation solely because the
service or consultation is provided via telemedicine directly to a patient at the patient's
residence.

(d) "Telemedicine" as defined in Minnesota Statutes, section 256B.0625, subdivision
3b, paragraph (d), includes the delivery of health care services or consultations with a patient
at the patient's residence and the licensed health care provider at a distant site.

(e) This section expires deleted text begin February 1 deleted text end new text begin June 30 new text end , 2021.

new text begin EFFECTIVE DATE. new text end

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

ARTICLE 3

HHS FORECAST

Section 1.

Laws 2019, First Special Session chapter 9, article 14, section 2, subdivision
3, is amended to read:

Subd. 3. Central Office; Operations

Appropriations by Fund
General	152,240,000	deleted text begin 151,012,000 deleted text end new text begin 150,587,000 new text end
State Government Special Revenue	4,174,000	4,174,000
Health Care Access	20,709,000	20,724,000
Federal TANF	100,000	100,000

(a) Administrative Recovery; Set-Aside. The
commissioner may invoice local entities
through the SWIFT accounting system as an
alternative means to recover the actual cost of
administering the following provisions:

(1) the statewide data management system
authorized in Minnesota Statutes, section
125A.744, subdivision 3;

(2) repayment of the special revenue
maximization account as provided under
Minnesota Statutes, section 245.495,
paragraph (b);

(3) repayment of the special revenue
maximization account as provided under
Minnesota Statutes, section 256B.0625,
subdivision 20, paragraph (k);

(4) targeted case management under
Minnesota Statutes, section 256B.0924,
subdivision 6, paragraph (g);

(5) residential services for children with severe
emotional disturbance under Minnesota
Statutes, section 256B.0945, subdivision 4,
paragraph (d); and

(6) repayment of the special revenue
maximization account as provided under
Minnesota Statutes, section 256F.10,
subdivision 6, paragraph (b).

(b) Child Care Licensing Inspections.
$673,000 in fiscal year 2020 and $722,000 in
fiscal year 2021 are from the general fund to
add eight child care licensing staff for the
purpose of increasing the frequency of
inspections of child care centers to ensure the
health and safety of children in care, provide
technical assistance to newly licensed
programs, and monitor struggling programs
more closely to evaluate whether the program
should be referred to the Office of Inspector
General for a potential fraud investigation.

(c) Child Care Assistance Programs - Fraud
and Abuse Data Analysts. $317,000 in fiscal
year 2020 and $339,000 in fiscal year 2021
are from the general fund to add two data
analysts to strengthen the commissioner's
ability to identify, detect, and prevent fraud
and abuse in the child care assistance programs
under Minnesota Statutes, chapter 119B.

(d) Office of Inspector General
Investigators. $418,000 in fiscal year 2020
and $483,000 in fiscal year 2021 are from the
general fund to add four investigators to the
Office of Inspector General to detect, prevent,
and make recoveries from fraudulent activities
among providers in the medical assistance
program under Minnesota Statutes, chapter
256B.

(e) Office of Inspector General Tracking
System. $355,000 in fiscal year 2020 and
$105,000 in fiscal year 2021 are from the
general fund to purchase a system to record,
track, and report on investigative activity for
the Office of Inspector General to strengthen
fraud prevention and investigation activities
for child care assistance programs under
Minnesota Statutes, chapter 119B.

(f) Fraud Prevention Investigation Grant
Program. $425,000 in fiscal year 2020 deleted text begin and
$425,000 in fiscal year 2021 are deleted text end new text begin is new text end from the
general fund for the fraud prevention
investigation grant program under Minnesota
Statutes, section 256.983.

(g) Child Care Assistance Programs - Law
Enforcement. $350,000 in fiscal year 2020
and $350,000 in fiscal year 2021 are from the
general fund to add two additional law
enforcement officers under contract with the
Bureau of Criminal Apprehension to conduct
criminal investigations in child care assistance
program cases.

(h) Transfer; Long-Term Care Options
Account. By June 30, 2020, the commissioner
shall transfer $3,242,000 from the long-term
care options account authorized in Minnesota
Statutes, section 256.01, subdivision 34, to the
general fund. This is a onetime transfer.

(i) Transfer to Office of Legislative Auditor.
$300,000 in fiscal year 2020 and $300,000 in
fiscal year 2021 are from the general fund for
transfer to the Office of the Legislative
Auditor for audit activities under Minnesota
Statutes, section 3.972, subdivision 2b.

(j) Transfer to Office of Legislative Auditor.
$400,000 in fiscal year 2020 and $400,000 in
fiscal year 2021 are from the general fund for
transfer to the Office of the Legislative
Auditor for audit activities under Minnesota
Statutes, section 3.972, subdivision 2a.

(k) Family Child Care Task Force. $121,000
in fiscal year 2020 is from the general fund
for the Family Child Care Task Force under
article 2, section 130. This is a onetime
appropriation.

(l) Base Level Adjustment. The general fund
base is deleted text begin $142,929,000 deleted text end new text begin $142,504,000 new text end in fiscal
year 2022 and deleted text begin $145,377,000 deleted text end new text begin $144,952,000 new text end in
fiscal year 2023. The health care access base
is $20,712,000 in fiscal year 2022 and
$20,712,000 in fiscal year 2023.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from July 1, 2020.
new text end

Sec. 2.

Laws 2019, First Special Session chapter 9, article 14, section 2, subdivision 22,
is amended to read:

Subd. 22. Grant Programs; Children's Services Grants

Appropriations by Fund
General	44,207,000	deleted text begin 48,785,000 deleted text end new text begin 49,285,000 new text end
Federal TANF	140,000	140,000

(a) Title IV-E Adoption Assistance. The
commissioner shall allocate funds from the
Title IV-E reimbursement to the state from
the Fostering Connections to Success and
Increasing Adoptions Act for adoptive, foster,
and kinship families as required in Minnesota
Statutes, section 256N.261.

Additional federal reimbursement to the state
as a result of the Fostering Connections to
Success and Increasing Adoptions Act's
expanded eligibility for title IV-E adoption
assistance is for postadoption, foster care,
adoption, and kinship services, including a
parent-to-parent support network.

(b) Parent Support for Better Outcomes
Grants. $150,000 in fiscal year 2020 and
$150,000 in fiscal year 2021 are from the
general fund for grants to Minnesota One-Stop
for Communities to provide mentoring,
guidance, and support services to parents
navigating the child welfare system in
Minnesota in order to promote the
development of safe, stable, and healthy
families. Grant funds may be used for parent
mentoring, peer-to-peer support groups,
housing support services, training, staffing,
and administrative costs. This is a onetime
appropriation.

(c) Safe Harbor for Sexually Exploited
Youth. $500,000 in fiscal year 2020 and
$500,000 in fiscal year 2021 are from the
general fund for activities under the safe
harbor program.

(d) Base Level Adjustment. The general fund
base is deleted text begin $51,483,000 deleted text end new text begin $51,983,000 new text end in fiscal year
2022 and deleted text begin $51,198,000 deleted text end new text begin $51,698,000 new text end in fiscal
year 2023.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from July 1, 2020.
new text end

Sec. 3.

Laws 2019, First Special Session chapter 9, article 14, section 2, subdivision 24,
as amended by Laws 2020, chapter 74, article 3, section 9, is amended to read:

Subd. 24. Grant Programs; Children and Economic Support Grants

24,315,000

deleted text begin 24,315,000 deleted text end new text begin 24,240,000 new text end

(a) Minnesota Food Assistance Program.
Unexpended funds for the Minnesota food
assistance program for fiscal year 2020 do not
cancel but are available for this purpose in
fiscal year 2021.

(b) Shelter-Linked Youth Mental Health
Grants. $250,000 in fiscal year 2020 and
$250,000 in fiscal year 2021 are from the
general fund for shelter-linked youth mental
health grants under Minnesota Statutes, section
256K.46.

(c) Emergency Services Grants. $1,500,000
in fiscal year 2020 and $1,500,000 in fiscal
year 2021 are to provide emergency services
grants under Minnesota Statutes, section
256E.36. This is a onetime appropriation.

(d) new text begin Fraud Prevention Investigation Grant
Program. $425,000 in fiscal year 2021 is from
the general fund for the fraud prevention
investigation grant program under Minnesota
Statutes, section 256.983.
new text end

new text begin (e) new text end Base Level Adjustment. The general fund
base is deleted text begin $22,815,000 deleted text end new text begin $22,740,000 new text end in fiscal year
2022 and deleted text begin $22,815,000 deleted text end new text begin $22,740,000 new text end in fiscal
year 2023.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from July 1, 2020.
new text end