256B.0946 TREATMENT FOSTER CARE.
Subdivision 1. Covered service.
(a) Effective July 1, 2006, and subject to federal approval,
medical assistance covers medically necessary services described under paragraph (b) that are
provided by a provider entity eligible under subdivision 3 to a client eligible under subdivision 2
who is placed in a treatment foster home licensed under Minnesota Rules, parts
(b) Services to children with severe emotional disturbance residing in treatment foster care
settings must meet the relevant standards for mental health services under sections
. In addition, specific service components reimbursed by medical assistance must meet
the following standards:
(1) case management service component must meet the standards in Minnesota Rules, parts
, excluding subparts 6 and 10;
(2) psychotherapy, crisis assistance, and skills training components must meet the standards
for children's therapeutic services and supports in section
(3) family psychoeducation services under supervision of a mental health professional.
Subd. 2. Determination of client eligibility.
A client's eligibility to receive treatment foster
care under this section shall be determined by a diagnostic assessment, an evaluation of level of
care needed, and development of an individual treatment plan, as defined in paragraphs (a) to (c).
(a) The diagnostic assessment must:
(1) be conducted by a psychiatrist, licensed psychologist, or licensed independent clinical
social worker that is performed within 180 days prior to the start of service;
(2) include current diagnoses on all five axes of the client's current mental health status;
(3) determine whether or not a child meets the criteria for severe emotional disturbance in
245.4871, subdivision 6
, or for serious and persistent mental illness in section
(4) be completed annually until age 18. For individuals between age 18 and 21, unless a
client's mental health condition has changed markedly since the client's most recent diagnostic
assessment, annual updating is necessary. For the purpose of this section, "updating" means a
written summary, including current diagnoses on all five axes, by a mental health professional of
the client's current mental status and service needs.
(b) The evaluation of level of care must be conducted by the placing county with an
instrument approved by the commissioner of human services. The commissioner shall update the
list of approved level of care instruments annually.
(c) The individual treatment plan must be:
(1) based on the information in the client's diagnostic assessment;
(2) developed through a child-centered, family driven planning process that identifies service
needs and individualized, planned, and culturally appropriate interventions that contain specific
measurable treatment goals and objectives for the client and treatment strategies for the client's
family and foster family;
(3) reviewed at least once every 90 days and revised; and
(4) signed by the client or, if appropriate, by the client's parent or other person authorized
by statute to consent to mental health services for the client.
Subd. 3. Eligible providers.
For purposes of this section, a provider agency must have an
individual placement agreement for each recipient and must be a licensed child placing agency,
under Minnesota Rules, parts 9543.0010
, and either:
(1) a county;
(2) an Indian Health Services facility operated by a tribe or tribal organization under
funding authorized by United States Code, title 25, sections 450f to 450n, or title 3 of the Indian
Self-Determination Act, Public Law 93-638, section 638 (facilities or providers); or
(3) a noncounty entity under contract with a county board.
Subd. 4. Eligible provider responsibilities.
(a) To be an eligible provider under this section,
a provider must develop written policies and procedures for treatment foster care services
consistent with subdivision 1, paragraph (b), clauses (1), (2), and (3).
(b) In delivering services under this section, a treatment foster care provider must ensure
that staff caseload size reasonably enables the provider to play an active role in service planning,
monitoring, delivering, and reviewing for discharge planning to meet the needs of the client, the
client's foster family, and the birth family, as specified in each client's individual treatment plan.
Subd. 5. Service authorization.
The commissioner will administer authorizations for
services under this section in compliance with section
256B.0625, subdivision 25
Subd. 6. Excluded services.
(a) Services in clauses (1) to (4) are not eligible as components
of treatment foster care services:
(1) treatment foster care services provided in violation of medical assistance policy in
Minnesota Rules, part 9505.0220
(2) service components of children's therapeutic services and supports simultaneously
provided by more than one treatment foster care provider;
(3) home and community-based waiver services; and
(4) treatment foster care services provided to a child without a level of care determination
according to section
245.4885, subdivision 1
(b) Children receiving treatment foster care services are not eligible for medical assistance
reimbursement for the following services while receiving treatment foster care:
(1) mental health case management services under section
256B.0625, subdivision 20
(2) psychotherapy and skill training components of children's therapeutic services and
supports under section
256B.0625, subdivision 35b
History: 1Sp2005 c 4 art 2 s 12; 2006 c 282 art 16 s 8; 2007 c 147 art 8 s 38