Minnesota Session Laws - 2016, Regular Session

CHAPTER 106--S.F.No. 2498

An act

relating to human services; modifying screening requirements for co-occurring mental health and chemical dependency disorders;

amending Minnesota Statutes 2014, section 245.4863.

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

Section 1.

Minnesota Statutes 2014, section 245.4863, is amended to read:

245.4863 INTEGRATED deleted text begin DUAL DIAGNOSIS deleted text end new text begin CO-OCCURRING DISORDER new text end TREATMENT.

(a) The commissioner shall require individuals who perform chemical dependency assessments deleted text begin or mental health diagnostic assessments to use screening tools approved by the commissioner in order to identify whether an individual who is the subject of the assessment screens positive for co-occurring mental health or chemical dependency disorders. Screening for co-occurring disorders must begin no later than December 31, 2011 deleted text end new text begin to screen clients for co-occurring mental health disorders, and staff who perform mental health diagnostic assessments to screen for co-occurring substance use disorders. Screening tools must be approved by the commissioner. If a client screens positive for a co-occurring mental health or substance use disorder, the individual performing the screening must document what actions will be taken in response to the results and whether further assessments must be performed new text end .

(b) new text begin Notwithstanding paragraph (a), screening is not required when: new text end

new text begin (1) the presence of co-occurring disorders was documented for the client in the past 12 months; new text end

new text begin (2) the client is currently receiving co-occurring disorders treatment; new text end

new text begin (3) the client is being referred for co-occurring disorders treatment; or new text end

new text begin (4) a mental health professional, as defined in Minnesota Rules, part 9505.0370, subpart 18, who is competent to perform diagnostic assessments of co-occurring disorders is performing a diagnostic assessment that meets the requirements in Minnesota Rules, part 9533.0090, subpart 5, to identify whether the client may have co-occurring mental health and chemical dependency disorders. If an individual is identified to have co-occurring mental health and substance use disorders, the assessing mental health professional must document what actions will be taken to address the client's co-occurring disorders. new text end

new text begin (c) new text end The commissioner shall adopt rules as necessary to implement this section. The commissioner shall ensure that the rules are effective on July 1, 2013, thereby establishing a certification process for integrated dual disorder treatment providers and a system through which individuals receive integrated dual diagnosis treatment if assessed as having both a substance use disorder and either a serious mental illness or emotional disturbance.

deleted text begin (c) deleted text end new text begin (d) new text end The commissioner shall apply for any federal waivers necessary to secure, to the extent allowed by law, federal financial participation for the provision of integrated dual diagnosis treatment to persons with co-occurring disorders.

Presented to the governor May 10, 2016

Signed by the governor May 12, 2016, 1:25 p.m.