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HF 2258

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 03/08/2012 03:14pm

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

Bill Text Versions

Engrossments
Introduction Posted on 02/15/2012
1st Engrossment Posted on 03/08/2012

Current Version - 1st Engrossment

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A bill for an act
relating to human services; modifying chemical use assessment requirements for
civil commitments; creating a chemical health navigation program; requiring
reports on chemical health services; providing rulemaking authority; amending
Minnesota Statutes 2010, sections 254A.19, by adding a subdivision; 256B.69,
subdivision 6; proposing coding for new law in Minnesota Statutes, chapter
254B.

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

Section 1.

Minnesota Statutes 2010, section 254A.19, is amended by adding a
subdivision to read:


new text begin Subd. 4. new text end

new text begin Civil commitments. new text end

new text begin A Rule 25 assessment, under Minnesota Rules, part
9530.6615, does not need to be completed for civil commitments and for the duration of a
civil commitment under section 253B.065, 253B.09, or 253B.095 in order for a county
to access state funding for chemical dependency treatment. Nothing in this subdivision
shall prohibit placement in a treatment facility or treatment program governed under this
chapter or Minnesota Rules, parts 9530.6600 to 9530.6655. The commissioner of human
services shall adopt rules to comply with this subdivision.
new text end

Sec. 2.

new text begin [254B.14] CHEMICAL HEALTH NAVIGATION PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment; purpose. new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin Subd. 2. new text end

new text begin Program implementation. new text end

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

new text begin (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.
new text end

new text begin Subd. 3. new text end

new text begin Notice of program discontinuation. new text end

new text begin 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.
new text end

new text begin Subd. 4. new text end

new text begin Eligibility for navigator program. new text end

new text begin To be considered for participation in
a navigator program, an individual must:
new text end

new text begin (1) be a resident of a county with an approved navigator program;
new text end

new text begin (2) be eligible for chemical dependency fund services;
new text end

new text begin (3) have a score of at least three in two or more dimensions of the placement criteria
in a Rule 25 assessment under Minnesota Rules, parts 9530.6600 to 9530.6655;
new text end

new text begin (4) have had at least two treatment episodes in the past two years, not limited to
episodes reimbursed by the consolidated chemical dependency treatment funds; and
new text end

new text begin (5) be a voluntary participant in the navigator program.
new text end

new text begin Subd. 5. new text end

new text begin Duties of commissioner. new text end

new text begin (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:
new text end

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

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

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

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (e) To the extent that state fiscal year expenditures within a county's navigator
program are less than the expected share of forecasted expenditures in the absence of the
navigator program, the commissioner shall deposit the unexpended funds in a separate
account within the consolidated chemical dependency treatment fund, and make these
funds available for expenditure by the county for the following year. To the extent that
treatment and nontreatment services expenditures within a county's navigator program
exceed the amount expected in the absence of the navigator program, the county shall be
responsible for the portion of costs for nontreatment services expended in excess of the
otherwise expected share of forecasted expenditures.
new text end

new text begin (f) 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.
new text end

new text begin (g) 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.
new text end

new text begin (h) 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.
new text end

new text begin Subd. 6. new text end

new text begin Duties of county board. new text end

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

new text begin (1) administer the program in a manner consistent with this section;
new text end

new text begin (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
new text end

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

new text begin Subd. 7. new text end

new text begin Report. new text end

new text begin The commissioner, in partnership with participating counties,
shall provide an annual report on the achievement of navigator program outcomes to the
legislative committees with jurisdiction over chemical health. The report shall address
qualitative and quantitative outcomes.
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.

Minnesota Statutes 2010, section 256B.69, subdivision 6, is amended to read:


Subd. 6.

Service delivery.

(a) Each demonstration provider shall be responsible for
the health care coordination for eligible individuals. Demonstration providers:

(1) shall authorize and arrange for the provision of all needed health services
including but not limited to the full range of services listed in sections 256B.02,
subdivision 8
, and 256B.0625 in order to ensure appropriate health care is delivered to
enrollees. Notwithstanding section 256B.0621, demonstration providers that provide
nursing home and community-based services under this section shall provide relocation
service coordination to enrolled persons age 65 and over;

(2) shall accept the prospective, per capita payment from the commissioner in return
for the provision of comprehensive and coordinated health care services for eligible
individuals enrolled in the program;

(3) may contract with other health care and social service practitioners to provide
services to enrollees; and

(4) shall institute recipient grievance procedures according to the method established
by the project, utilizing applicable requirements of chapter 62D. Disputes not resolved
through this process shall be appealable to the commissioner as provided in subdivision 11.

(b) Demonstration providers must comply with the standards for claims settlement
under section 72A.201, subdivisions 4, 5, 7, and 8, when contracting with other health
care and social service practitioners to provide services to enrollees. A demonstration
provider must pay a clean claim, as defined in Code of Federal Regulations, title 42,
section 447.45(b), within 30 business days of the date of acceptance of the claim.

new text begin (c) Demonstration providers may contract with counties participating in the chemical
health navigation program established under section 254B.14, to provide chemical
dependency nontreatment services as defined in section 254B.14, subdivision 5, paragraph
(b), using capitation payments received under this section and section 256B.692.
new text end

Sec. 4. new text begin INSTRUCTIONS TO THE COMMISSIONER; CHEMICAL HEALTH.
new text end

new text begin (a) With broad stakeholder input, the commissioner of human services shall
develop a plan to improve the effectiveness and efficiency of the service continuum for
chemically dependent individuals. The plan shall identify methods to reduce duplication
of efforts, promote scientifically supported practices, and improve efficiency. This plan
shall consider the potential for geographically or demographically disparate impact on
individuals who need chemical dependency services.
new text end

new text begin (b) The commissioner shall provide the chairs and ranking minority members of
the legislative committees with jurisdiction over chemical dependency a report detailing
necessary statutory and rule changes and a proposal for a pilot project to implement the
plan no later than March 15, 2013.
new text end