2007 Minnesota Statutes

254B.09 INDIAN RESERVATION ALLOCATION OF CHEMICAL DEPENDENCY
FUND.
    Subdivision 1. Vendor payments. The commissioner shall pay eligible vendors for chemical
dependency services to American Indians on the same basis as other payments, except that no
local match is required when an invoice is submitted by the governing authority of a federally
recognized American Indian tribal body or a county if the tribal governing body has not entered
into an agreement under subdivision 2 on behalf of a current resident of the reservation under
this section.
    Subd. 2. American Indian agreements. The commissioner may enter into agreements with
federally recognized tribal units to pay for chemical dependency treatment services provided
under Laws 1986, chapter 394, sections 8 to 20. The agreements must clarify how the governing
body of the tribal unit fulfills local agency responsibilities regarding:
(1) selection of eligible vendors under section 254B.03, subdivision 1;
(2) negotiation of agreements that establish vendor services and rates for programs located
on the tribal governing body's reservation;
(3) the form and manner of invoicing; and
(4) provide that only invoices for eligible vendors according to section 254B.05 will be
included in invoices sent to the commissioner for payment, to the extent that money allocated
under subdivisions 4 and 5 is used.
    Subd. 3.[Repealed, 1989 c 282 art 2 s 219]
    Subd. 4. Tribal allocation. Eighty-five percent of the American Indian chemical dependency
tribal account must be allocated to the federally recognized American Indian tribal governing
bodies that have entered into an agreement under subdivision 2 as follows: $10,000 must be
allocated to each governing body and the remainder must be allocated in direct proportion to the
population of the reservation according to the most recently available estimates from the federal
Bureau of Indian Affairs. When a tribal governing body has not entered into an agreement with
the commissioner under subdivision 2, the county may use funds allocated to the reservation to
pay for chemical dependency services for a current resident of the county and of the reservation.
    Subd. 5. Tribal reserve account. The commissioner shall reserve 15 percent of the
American Indian chemical dependency tribal account. The reserve must be allocated to those
tribal units that have used all money allocated under subdivision 4 according to agreements
made under subdivision 2 and to counties submitting invoices for American Indians under
subdivision 1 when all money allocated under subdivision 4 has been used. An American Indian
tribal governing body or a county submitting invoices under subdivision 1 may receive not more
than 30 percent of the reserve account in a year. The commissioner may refuse to make reserve
payments for persons not eligible under section 254B.04, subdivision 1, if the tribal governing
body responsible for treatment placement has exhausted its allocation. Money must be allocated
as invoices are received.
    Subd. 6. American Indian tribal placements. After entering into an agreement under
subdivision 2, the governing authority of each reservation may submit invoices to the state for
the cost of providing chemical dependency services to residents of the reservation according to
the placement rules governing county placements, except that local match requirements are
waived. The governing body may designate an agency to act on its behalf to provide placement
services and manage invoices by written notice to the commissioner and evidence of agreement
by the agency designated.
    Subd. 7. Nonreservation Indian account. The nonreservation American Indian chemical
dependency allocation must be held in reserve by the commissioner in an account for treatment
of Indians not residing on lands of a reservation receiving money under subdivision 4. This
money must be used to pay for services certified by county invoice to have been provided to an
American Indian eligible recipient. Money allocated under this subdivision may be used for
payments on behalf of American Indian county residents only if, in addition to other placement
standards, the county certifies that the placement was appropriate to the cultural orientation of the
client. Any funds for treatment of nonreservation Indians remaining at the end of a fiscal year
shall be reallocated under section 254B.02.
    Subd. 8. Payments to improve services to American Indians. The commissioner may set
rates for chemical dependency services according to the American Indian Health Improvement
Act, Public Law 94-437, for eligible vendors. These rates shall supersede rates set in county
purchase of service agreements when payments are made on behalf of clients eligible according to
Public Law 94-437.
History: 1985 c 248 s 70; 1986 c 394 s 16; 1987 c 299 s 17-19; 1988 c 532 s 12; 1989 c
282 art 2 s 108-110; 1997 c 203 art 4 s 8-10; 1Sp2001 c 9 art 3 s 7; 2002 c 275 s 1; 2002 c
379 art 1 s 113