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Minnesota Legislature

Office of the Revisor of Statutes

SF 787

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 03/11/2019 03:42pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to human services; establishing the officer-involved community-based
care coordination grant program to provide mental health services to individuals
arrested by law enforcement; modifying medical assistance coverage for
community-based care coordination to include tribes; appropriating money;
amending Minnesota Statutes 2018, section 256B.0625, subdivision 56a; proposing
coding for new law in Minnesota Statutes, chapter 245.

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

Section 1.

new text begin [245.4663] OFFICER-INVOLVED COMMUNITY-BASED CARE
COORDINATION GRANT PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment and authority. new text end

new text begin (a) The commissioner shall make grants
to programs that provide officer-involved community-based care coordination services
under section 256B.0625, subdivision 56a. The commissioner shall balance awarding grants
to counties outside the metropolitan area and counties inside the metropolitan area.
new text end

new text begin (b) The commissioner shall provide outreach, technical assistance, and program
development support to increase capacity of new and existing officer-involved
community-based care coordination programs, particularly in areas where officer-involved
community-based care coordination programs have not been established, especially in
greater Minnesota.
new text end

new text begin (c) Funds appropriated for this section must be expended on activities described under
subdivision 3, technical assistance, and capacity building, including the capacity to maximize
revenue by billing services to available third-party reimbursement sources, in order to meet
the greatest need on a statewide basis.
new text end

new text begin Subd. 2. new text end

new text begin Eligibility. new text end

new text begin An eligible applicant for an officer-involved community-based care
coordination grant under subdivision 1, paragraph (a), is a county or tribe that operates or
is prepared to implement an officer-involved community-based care coordination program.
new text end

new text begin Subd. 3. new text end

new text begin Allowable grant activities. new text end

new text begin Grant recipients may use grant funds for the costs
of providing officer-involved community-based care coordination services that are not
otherwise covered under section 256B.0625, subdivision 56a, and for the cost of services
for individuals not eligible for medical assistance.
new text end

new text begin Subd. 4. new text end

new text begin Evaluation. new text end

new text begin Grants under this section shall be formally evaluated by the
commissioner of management and budget using an experimental or quasi-experimental
design. The commissioner shall consult with the commissioner of management and budget
to ensure that grants are administered to facilitate the evaluation. Grant recipients must
collect and provide to the commissioner information needed to complete the evaluation.
The commissioner must provide to the commissioner of management and budget the
information collected for the evaluation. The commissioner of management and budget,
under section 15.08, may obtain additional relevant data to support the evaluation study.
new text end

new text begin Subd. 5. new text end

new text begin Reporting. new text end

new text begin (a) The commissioner shall report annually on the use of
officer-involved community-based care coordination grants to the legislative committees
with jurisdiction over human services by December 31, beginning in 2020. Each report shall
include the name and location of the grant recipients, the amount of each grant, the services
provided or planning activities conducted, and the number of individuals receiving services.
The commissioner shall determine the form required for the reports and may specify
additional reporting requirements.
new text end

new text begin (b) The reporting requirements under this subdivision are in addition to the reporting
requirements under section 256B.0625, subdivision 56a, paragraph (e).
new text end

Sec. 2.

Minnesota Statutes 2018, section 256B.0625, subdivision 56a, is amended to read:


Subd. 56a.

deleted text beginPost-arrestdeleted text end new text beginOfficer-involved new text endcommunity-based deleted text beginservicedeleted text end new text begincare
new text end coordination.

(a) Medical assistance covers deleted text beginpost-arrestdeleted text end new text beginofficer-involved new text endcommunity-based
deleted text begin servicedeleted text end new text begincare new text endcoordination for an individual who:

(1) has deleted text beginbeen identified as havingdeleted text end new text beginscreened positive for benefiting from treatment for new text enda
mental illness or substance use disorder using a deleted text beginscreeningdeleted text end tool approved by the commissioner;

(2) does not require the security of a public detention facility and is not considered an
inmate of a public institution as defined in Code of Federal Regulations, title 42, section
435.1010;

(3) meets the eligibility requirements in section 256B.056; and

(4) has agreed to participate in deleted text beginpost-arrestdeleted text end new text beginofficer-involved new text endcommunity-based deleted text beginservicedeleted text end
new text begin care new text endcoordination deleted text beginthrough a diversion contract in lieu of incarcerationdeleted text end.

(b) deleted text beginPost-arrestdeleted text endnew text begin Officer-involvednew text end community-based deleted text beginservicedeleted text end new text begincare new text endcoordination means
navigating services to address a client's mental health, chemical health, social, economic,
and housing needs, or any other activity targeted at reducing the incidence of jail utilization
and connecting individuals with existing covered services available to them, including, but
not limited to, targeted case management, waiver case management, or care coordination.

(c) deleted text beginPost-arrestdeleted text end new text beginOfficer-involved new text endcommunity-based deleted text beginservicedeleted text end new text begincare new text endcoordination must be
provided by an individual who is an employee of deleted text begina countydeleted text end or is under contract with a countynew text begin,
or is an employee of or under contract with an Indian health service facility or facility owned
and operated by a tribe or a tribal organization operating under Public Law 93-638 as a 638
facility
new text end to provide deleted text beginpost-arrestdeleted text end new text beginofficer-involved new text endcommunity-based new text begincare new text endcoordination and is
qualified under one of the following criteria:

(1) a licensed mental health professional as defined in section 245.462, subdivision 18,
clauses (1) to (6);

(2) a mental health practitioner as defined in section 245.462, subdivision 17, working
under the clinical supervision of a mental health professional; deleted text beginor
deleted text end

(3) a certified peer specialist under section 256B.0615, working under the clinical
supervision of a mental health professionaldeleted text begin.deleted text endnew text begin;
new text end

new text begin (4) an individual qualified as an alcohol and drug counselor under section 245G.11,
subdivision 5; or
new text end

new text begin (5) a recovery peer qualified under section 245G.11, subdivision 8, working under the
supervision of an individual qualified as an alcohol and drug counselor under section
245G.11, subdivision 5.
new text end

(d) Reimbursement is allowed for up to 60 days following the initial determination of
eligibility.

(e) Providers of deleted text beginpost-arrestdeleted text end new text beginofficer-involved new text endcommunity-based deleted text beginservicedeleted text end new text begincare new text endcoordination
shall annually report to the commissioner on the number of individuals served, and number
of the community-based services that were accessed by recipients. The commissioner shall
ensure that services and payments provided under deleted text beginpost-arrestdeleted text end new text beginofficer-involved
new text end community-based deleted text beginservicedeleted text end new text begincare new text endcoordination do not duplicate services or payments provided
under section 256B.0625, subdivision 20, 256B.0753, 256B.0755, or 256B.0757.

deleted text begin (f) Notwithstanding section 256B.19, subdivision 1, the nonfederal share of cost for
post-arrest community-based service coordination services shall be provided by the county
providing the services, from sources other than federal funds or funds used to match other
federal funds.
deleted text end

Sec. 3. new text beginOFFICER-INVOLVED COMMUNITY-BASED CARE COORDINATION;
PLANNING GRANTS.
new text end

new text begin In fiscal year 2020, the commissioner shall make up to ten planning grants of up to
$10,000 available to counties and tribes to establish new post-arrest community-based care
coordination programs. An eligible applicant for a planning grant under this section is a
county or tribe that does not have a fully functioning officer-involved community-based
care coordination program and has not yet taken steps to implement an officer-involved
community-based care coordination program. Planning grant recipients may use grant funds
for the start-up costs of a new officer-involved community-based care coordination program,
including data platform design, data collection, and quarterly reporting.
new text end

Sec. 4. new text beginAPPROPRIATION.
new text end

new text begin (a) $....... in fiscal year 2020 and $....... in fiscal year 2021 are appropriated from the
general fund to the commissioner of human services for officer-involved community-based
care coordination grants under Minnesota Statutes, section 245.4663. At least one grant
must be awarded to a county that has operated a fully functional "Yellow Line Project" to
provide officer-involved community-based care coordination services since May, 2017.
new text end

new text begin (b) $150,000 in fiscal year 2020 is appropriated from the general fund to the commissioner
of human services for up to ten planning grants under section 3. In awarding these grants,
the commissioner must place a priority on funding nonmetro programs. $50,000 of this
appropriation is for a grant to a county that has operated a fully functional "Yellow Line
Project" to provide officer-involved community-based care coordination services since May,
2017, to provide technical assistance to other counties or groups of counties to establish
new officer-involved community-based care coordination programs. This is a onetime
appropriation and is available until expended.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2019.
new text end