Legislative Session number- 89

Bill Name: SF1458

3E Relating to the state health and human services budgets;

ARTICLE 1 -
CHILDREN AND FAMILY SERVICES

Modifying child care programs, human services
background studies, compliance, the public assistance definition, community
social services family assets for independence, group residential housing, the
Minnesota family investment program (MFIP), the homeless youth act, Northstar
care for children, recognition of parentage, adoption assistance, juvenile
safety and placement, child and medical support, the uniform interstate family
support act, and minor maltreatment reporting; requiring employees with child
protection duties to have a background study and providing for funding;
requiring the commissioner of human services (DHS) to establish a child fatality
and near fatality review team; providing child protection grants to address
child welfare disparities; providing a child protection grant allocation;
modifying foster care requirements; making conforming changes; requiring
consumer reporting for arrears; requiring a group residential housing report on
program improvement requirements; establishing a child support work group;
requiring the commissioner to update the child maltreatment screening
guidelines, provide training to child protection supervisors, and develop a new
child protection distribution formula; establishing a legislative task force for
child protection

ARTICLE 2 - CHEMICAL AND MENTAL HEALTH
SERVICES

Providing for the sharing of human services welfare system mental
health data with health care systems; modifying adult mental health services
pilot projects, the adult mental health act, children's mental health grants,
civil commitment, and chemical dependency treatment; modifying medical
assistance (MA) mental health certified peer specialist, intensive
rehabilitative mental health services, adult crisis response services, and
covered services; establishing an excellence in mental health demonstration
project; modifying provisions related to individuals who are committed as
mentally ill and dangerous to the public; imposing certain duties on the special
review board and the head of the treatment facility; increasing chemical
dependency provider rates; requiring the commissioner of human services (DHS) to
develop Clubhouse program services standards and a payment methodology, report
on excellence in mental health demonstration project progress, conduct a
comprehensive analysis of community-based mental health services rate-setting
methodology, and report on human services data sharing; providing a contingent
comprehensive mental health program in Beltrami county

ARTICLE 3 - WITHDRAWAL
MANAGEMENT PROGRAMS

Establishing purpose, policy, and standards for
withdrawal management programs licensed by the commissioner of human services
(DHS); providing regulations for program licensure, admission and discharge
policies, screening and comprehensive assessment, stabilization planning and
services, protective procedures, patient rights and grievance procedures,
patient property management, medical services and availability of qualified
medical professionals, medications, staffing requirements, duties,
qualifications, personnel policies, procedures, files, policy and procedures
manual development, patient records, data collection requirements, and payment
methodology development; making technical changes

ARTICLE 4 - DIRECT CARE AND
TREATMENT

Clarifying and continuing health insurance coverage for former
state employees assaulted and injured by inmates and patients at state
facilities; modifying certain provisions relating to county portion for cost of
care for chemical dependency services

ARTICLE 5 - SIMPLIFICATION OF PUBLIC
ASSISTANCE PROGRAMS

Modifying certain income calculations relating to public
assistance eligibility; establishing provisions relating to the reporting of
income, certain exempted individuals, and income inclusions; modifying certain
provisions relating to the reporting of income, specifying certain exemptions,
reporting requirements, changes that must be reported and certain reporting of
specific programs; modifying certain provisions related to the correction of
overpayments and underpayments; repealing certain provisions relating to
overpayments and under payments and certain rules

ARTICLE 6 - NURSING
FACILITY PAYMENT REFORM AND WORKFORCE DEVELOPMENT

Providing for long-term
care workforce needs; establishing the home and community-based services
employee scholarship program and allowing a scholarship per diem for nursing
facilities without scholarship per diems; modifying a Polk county nursing home
replacement bed exception; modifying the medical assistance (MA) alternative
care program monthly limit increase, the elderly waiver monthly cost limits, the
Medicaid waiver for elderly services, nursing facility rate determination,
nursing facilities alternate rates, and the value-based nursing facility
reimbursement system; requiring construction project rate adjustments for
certain nursing facilities; requiring the commissioner to develop
performance-based incentive payments; requiring the commissioner to adjust the
rates of facilities meeting resident special dietary needs criteria; specifying
the operating rate for a Golden Valley nursing facility; requiring nursing
facility payment for employer health insurance costs under certain conditions;
requiring a nursing facility payment reform report; requiring a property rate
setting study based on a rental value for nursing facilities; repealing nursing
facility reimbursement system facility type groups, hospital-attached nursing
facility status, determination of proximity adjustments, determination of
efficiency incentive, phase-in of rebased operating payment rates,
implementation delay, and repeal of rebased operating payment rates

ARTICLE 7
- CONTINUING CARE

Establishing the Minnesota ABLE plan and accounts;
modifying and expanding certain background study requirements for the department
of health and tribal organizations; providing regulations for correction orders
and conditional licenses for programs licensed as home and community-based
services; providing for settlement agreements related to licensing sanctions;
modifying certain licensing requirements for foster care providers; modifying
home and community-based services standards, incident response and reporting
provisions, environment and safety requirements, permitted actions and
procedures, service planning requirements and review, staff qualifications,
annual training, and staff ratio provisions; modifying parental contribution
amounts for children with disabilities services; eliminating the authority of
the commissioner of human services (DHS) to transfer funds between the medical
assistance (MA) account and the home and community-based services transitions
grants account; requiring the Minnesota board on aging to award regional and
local dementia competitive grants; modifying the MA excess income standard;
reducing premium payments for the MA employed persons with disabilities (MA-EPD)
program; modifying MA assets availability for a community spouse; requiring the
commissioner to manage home and community-based waiver allocations to fully use
available waiver funding; modifying commissioner recoupment of spending in
excess of allocation; specifying county and tribal agency responsibility for
spending annual state allocations and spending in excess of state allocation;
specifying county and tribal agency allocation authorization responsibility;
modifying MA rate stabilization adjustment; requiring the commissioner to offer
annual training for county personnel and to maintain online instruction;
modifying the individual staffing definition; removing the requirement for a
monitoring technology review panel; requiring the commissioner to develop and
implement a methodology to determine shared staffing levels; modifying rate
exception request requirements; modifying residency ratio restrictions for home
and community-based settings for people with disabilities; "Achieving a Better
Life Experience (ABLE) Act"; establishing accounts for certain persons with
disabilities; ratifying a labor agreement between the state of Minnesota and the
service employees international union healthcare Minnesota; providing a rate
increase for direct support services providers workforce negotiations; requiring
the commissioner to submit an amendment to establish an exception to the
consumer-directed community supports budget methodology to provide more funds;
requiring the commissioner to develop an initiative for a home and
community-based services incentive pool; requiring certain reporting; providing
an instruction to the commissioner; repealing the requirement for the
commissioner to seek an amendment for exception to consumer-directed community
supports budget methodology

ARTICLE 8 - HEALTH DEPARTMENT AND PUBLIC
HEALTH

Eliminating a transfer from the health care access fund to the medical
education and research costs fund; modifying health information exchange
definitions, certificate of authority to provide health information exchange
services, coordination procedures, and fees; adding an additional accrediting
organization for ambulatory health care permitting the commissioner of health to
use the all-payer claims health care data to compile public use files of summary
data; requiring a projected spending baseline report and certain outcomes
reporting and savings determination from the commissioner of health; requiring
certain transfers to the health care access fund; expanding the health
professional education loan forgiveness program by adding dental therapists,
advanced dental therapists, mental health professionals, pharmacists, and public
health nurses; modifying the health education loan program loan forgiveness;
establishing a primary care residency expansion grant program; establishing and
providing for the international medical graduates assistance program to address
barriers to medical practice and to assist immigrant international medical
graduates to enter the state health care delivery system in order to increase
primary care access in rural and underserved areas; regulating patient
information services; authorizing providers to release deceased patient health
care records to other providers for treatment purposes; requiring the
commissioner to establish a statewide initiative for early dental prevention and
to increase awareness among communities of color and recent immigrants on the
importance of early preventive dental intervention for infants and toddlers;
"Minnesota Radon Licensing Act", requiring radon mitigation systems tags and
annual licensing of persons selling devices or services for radon detection;
defining violence against health care workers; requiring hospitals to design and
implement preparedness and incident response action plans, establish committees
and methodology, and provide training; prohibiting interference with law
enforcement reporting; requiring hospitals to provide certain notices for
patients placed in observation status and postacute care discharge planning
requirements; changing lead training course permit fees; modifying certain
provisions of the Minnesota Poisoning Prevention Act relating to lead standards;
authorizing the commissioner to develop a list of authorized entities where
allergens capable of anaphylaxis are present; authorizing persons or entities to
obtain and store epinephrine auto-injectors; modifying certain provisions
relating to registration of supplemental nursing services agencies; modifying
the definition of a residential hospice facility; providing enforcement of
dementia care training standards for staff working in housing with services
settings and for housing management; modifying abortion recording and reporting
required data; "Born Alive Infant Protection Act", defining born alive infant,
providing civil cause of action and disciplinary actions against certain persons
performing abortions under certain conditions, providing privacy protection in
court proceedings, providing for status of born alive infant; providing health
equity grants to Isuroon, an organization dedicated to building Somali women's
self-sufficiency; modifying the statewide health improvement local community
grants to include dementia populations; modifying the funding formula for
community health boards; modifying certain mortuary science state examination,
internship, continuing education, fees, establishment update, and funeral
provider reports; expanding the lodging establishment definition; establishing a
working group on violence against Asian women and children

ARTICLE 9 - HEALTH
CARE DELIVERY

"Minnesota Telemedicine Act"; relating to health insurance;
requiring coverage for telemedicine for health carriers; regulating coverage of
telemedicine; requiring health care quality measures and payment methods to
identify and adjust for health disparities related to race, ethnicity, language,
and country of origin risk factors; establishing a certification process for
community medical response emergency medical technicians (CEMT); modifying
automated drug distribution; requiring the commissioner to establish
telemedicine health care provider criteria; expanding the use of automated drug
distribution systems for certain licensed board care homes; requiring a proposal
for child protection focused community medical response emergency medical
technician (CEMT) model; requiring the commissioner to determine services and
payment rates for services to be performed by community medical response
emergency medical technicians and covered by medical assistance (MA); requiring
the commissioner to evaluate the effect of MA and MinnesotaCare coverage for
community medical response emergency medical technician services

ARTICLE 10 -
HEALTH LICENSING BOARDS

Requiring board of optometry members to be licensed,
modifying board provisions, grounds for disciplinary actions, reporting,
immunity, and optometrist cooperation; modifying inactive status licenses for
the board of social work practice by establishing a temporary leave license;
increasing dentistry fees; modifying the scope of practice of a pharmacy
technician and increasing the permitted ratio of pharmacy technicians to
pharmacists, authorizing pharmacists to participate in the administration of
influenza vaccines to eligible individuals, increasing board membership
requirements and pharmacy fees; repealing certain optometrist and board of
social work practice provisions

ARTICLE 11 - HEALTH CARE

Requiring
certain health insurer third-party payments to occur within a certain time
frame; allowing University of Minnesota (U of M) school of dentistry licensed
dental residents medical assistance (MA) enrollment; regulating nonemergency
medical transportation provider under MA and modifying payment rates; requiring
department of transportation (DOT) safety checks, distinctive decal issuance,
fee payment, rule compliance, and variance application; requiring background
studies for certain special transportation service providers; requiring
third-party payers to provide certain information to the commissioner of human
services (DHS); changing the hospital cost index; modifying hospital inpatient
services payment rates; modifying conditions for interim payments; requiring
periodic data matching to evaluate continued MA and MinnesotaCare eligibility;
requiring the commissioner to award grants for legal services; permitting U of M
dental faculty or residents to be enrolled as MA providers; modifying certain
coverage provisions for medication therapy services; modifying nonemergency
medical transportation; permitting MA coverage for certain mental health
services provided by physician assistants in outpatient settings; removing a
provision for the commissioner to set reimbursement rates for specific
categories of medical supplies at levels below the Medicare payment rate;
modifying MA part B Medicare crossover claims limitation by excluding payments
to federally qualified health centers and rural health clinics; modifying MA
co-payments; establishing an opioid prescribing improvement program; requiring
the commissioner to establish health homes for populations with serious mental
illness; authorizing the commissioner to establish a health care delivery pilot
program to test alternative and innovative integrated health care delivery
networks; modifying pre-paid health plans and requiring the commissioner to
conduct ad hoc audits of managed care and county-based purchasing plans;
requiring the legislative auditor to conduct third party financial audits of
managed care and county based plans; expanding MA physician reimbursement
criteria and increasing payment rates for certain services provided by a
hospital that specializes in the treatment of cerebral palsy and other
conditions; modifying payment rates for critical access hospitals and dental
services; modifying critical access dental provider provisions and payment for
certain primary care services and immunization administration; modifying
reimbursement for basic care services and the Medicare payment limit; providing
integrated care for high-risk pregnant women; modifying MinnesotaCare; requiring
a task force on health care financing and a health disparities payment
enhancement methodology; repealing certain provisions relating to hospital
payment rates, prepaid health plans and MinnesotaCare administration,
application, and provider payment

ARTICLE 12 - MNSURE

Eliminating the
MNsure board; regulating MNsure operations; prohibiting MNsure from offering
certain product lines; requiring the commissioner of human services (DHS) to
develop a proposal to allow small employers the ability to receive the small
business health care tax credit; requiring the commissioner of commerce to seek
waivers for MNsure to allow persons to purchase qualified health plans outside
of MNsure directly from health plan companies; repealing governance, expiration,
and the legislative oversight committee

ARTICLE 13 - HUMAN SERVICES FORECAST
ADJUSTMENTS

Providing a department of human services (DHS) forecast
adjustment for grants

ARTICLE 14 - HEALTH AND HUMAN SERVICES
APPROPRIATIONS

Providing for deposit, adjustments, transfers, expenditure
reporting, and counting requirements; appropriating money to the commissioner of
human services (DHS) for central office operations, IT, MNsure, periodic data
matching for medical assistance (MA) and MinnesotaCare, financial institution
data match and payment of fees, child support work group, health care,
continuing care, training of direct support services providers, deaf and
hard-of-hearing services division, nursing facilities, chemical and mental
health, MFIP/DWP, child care assistance, general assistance, emergency general
assistance, Minnesota supplemental aid, group residential housing, Northstar
care for children, MinnesotaCare, MA, behavioral health services, chemical
dependency treatment grants, basic sliding fee child care assistance grants and
waiting list allocation, child care development grants, child support
enforcement grants, children's services grants, safe place for newborns, child
protection, adoption assistance, mobile food shelf grants, the homeless youth
act, Stearns county veterans housing, safe harbor, Minnesota food assistance,
transition populations, dementia grants, deaf, deafblind, and hard-of-hearing
grants, the state quality council, adult mental health grants, culturally
specific mental health grants, sustainability grants, Beltrami county mental
health services, service and supports for first episode psychosis, adverse
childhood experiences, chemical dependency prevention, fetal alcohol syndrome
grants, increased capacity at Anoka regional treatment center, the community
addiction recovery (C.A.R.E.) program, and the Minnesota sex offender program ;
appropriating money to the commissioner of health for the violence against Asian
women working group, the MERC program, poison information center grants,
advanced care planning, early dental prevention initiatives, the international
medical graduate assistance program, federally qualified health centers, organ
donation, primary care residency, the Somali women's health pilot program,
menthol cigarette usage in African-American community intervention grants, the
targeted home visiting system, opiate antagonists, local and tribal public
health grants, HCBS employee scholarships, family planning special projects,
positive alternatives, safe harbor for sexually exploited youth, health care
grants for uninsured individuals, TANF appropriations, health professional loan
forgiveness, Minnesota stroke system, prevention of violence in health care, and
health care savings determinations; appropriating money to the health-related
boards and appropriating money for the volunteer health care provider program,
retirement costs, the Cooper/Sams volunteer ambulance program, the ambulance
training grant, and regional grants; requiring the commissioner of commerce to
develop a proposal to allow individuals to purchase qualified health plans
outside of MNsure directly from health plan companies and to receive advanced
premium tax credits and cost-sharing reductions; appropriating money to the
commissioner of human services for the health care access fund; prohibiting the
commissioner of health and human services from using indirect cost allocations
to pay for operational costs
(rt)