1.1 A bill for an act
1.2 relating to human services; recodifying assertive community treatment and intensive
1.3 residential treatment services statutory language; making conforming changes;
1.4 amending Minnesota Statutes 2024, sections 148F.11, subdivision 1; 245.4662,
1.5 subdivision 1; 245.4906, subdivision 2; 254B.04, subdivision 1a; 254B.05,
1.6 subdivision 1a; 256.478, subdivision 2; 256B.0615, subdivisions 1, 3; 256B.0622,
1.7 subdivisions 1, 8, 11, 12; 256B.82; 256D.44, subdivision 5; proposing coding for
1.8 new law in Minnesota Statutes, chapter 256B; repealing Minnesota Statutes 2024,
1.9 section 256B.0622, subdivision 4.
1.10BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.11 ARTICLE 1
1.12 RECODIFICATION
1.13 Section 1. Minnesota Statutes 2024, section 256B.0622, subdivision 1, is amended to read:
1.14 Subdivision 1.Scope.(a) Subject to federal approval, medical assistance covers medically
1.15necessary, assertive community treatment when the services are provided by an entity
1.16certified under and meeting the standards in this section.
1.17 (b) Subject to federal approval, medical assistance covers medically necessary, intensive
1.18residential treatment services when the services are provided by an entity licensed under
1.19and meeting the standards in section 245I.23.
1.20 (c) (b) The provider entity must make reasonable and good faith efforts to report
1.21individual client outcomes to the commissioner, using instruments and protocols approved
1.22by the commissioner.
1Article 1 Section 1.
REVISOR AGW/LN 25-0514003/20/25
State of Minnesota
This Document can be made available
in alternative formats upon request
HOUSE OF REPRESENTATIVES
H. F. No. 2758
NINETY-FOURTH SESSION
Authored by Fischer03/24/2025
The bill was read for the first time and referred to the Committee on Human Services Finance and Policy 2.1 Sec. 2. Minnesota Statutes 2024, section 256B.0622, subdivision 8, is amended to read:
2.2 Subd. 8.Medical assistance payment for assertive community treatment and
2.3intensive residential treatment services.(a) Payment for intensive residential treatment
2.4services and assertive community treatment in this section shall be based on one daily rate
2.5per provider inclusive of the following services received by an eligible client in a given
2.6calendar day: all rehabilitative services under this section, staff travel time to provide
2.7rehabilitative services under this section, and nonresidential crisis stabilization services
2.8under section 256B.0624.
2.9 (b) Except as indicated in paragraph (d) (c), payment will not be made to more than one
2.10entity for each client for services provided under this section on a given day. If services
2.11under this section are provided by a team that includes staff from more than one entity, the
2.12team must determine how to distribute the payment among the members.
2.13 (c) Payment must not be made based solely on a court order to participate in intensive
2.14residential treatment services. If a client has a court order to participate in the program or
2.15to obtain assessment for treatment and follow treatment recommendations, payment under
2.16this section must only be provided if the client is eligible for the service and the service is
2.17determined to be medically necessary.
2.18 (d) (c) The commissioner shall determine one rate for each provider that will bill medical
2.19assistance for residential services under this section and one rate for each assertive community
2.20treatment provider under this section. If a single entity provides both services intensive
2.21residential treatment services under section 256B.0632 and assertive community treatment
2.22under this section, one rate is established for the entity's intensive residential treatment
2.23services under section 256B.0632 and another rate for the entity's nonresidential assertive
2.24community treatment services under this section. A provider is not eligible for payment
2.25under this section without authorization from the commissioner. The commissioner shall
2.26develop rates using the following criteria:
2.27 (1) the provider's cost for services shall include direct services costs, other program
2.28costs, and other costs determined as follows:
2.29 (i) the direct services costs must be determined using actual costs of salaries, benefits,
2.30payroll taxes, and training of direct service staff and service-related transportation;
2.31 (ii) other program costs not included in item (i) must be determined as a specified
2.32percentage of the direct services costs as determined by item (i). The percentage used shall
2.33be determined by the commissioner based upon the average of percentages that represent
2Article 1 Sec. 2.
REVISOR AGW/LN 25-0514003/20/25 3.1the relationship of other program costs to direct services costs among the entities that provide
3.2similar services;
3.3 (iii) physical plant costs calculated based on the percentage of space within the program
3.4that is entirely devoted to treatment and programming. This does not include administrative
3.5or residential space;
3.6 (iv) assertive community treatment physical plant costs must be reimbursed as part of
3.7the costs described in item (ii); and
3.8 (v) subject to federal approval, up to an additional five percent of the total rate may be
3.9added to the program rate as a quality incentive based upon the entity meeting performance
3.10criteria specified by the commissioner;
3.11 (2) actual cost is costs are defined as costs which are allowable, allocable, and reasonable,
3.12and consistent with federal reimbursement requirements under Code of Federal Regulations,
3.13title 48, chapter 1, part 31, relating to for-profit entities, and Office of Management and
3.14Budget Circular Number A-122, relating to nonprofit entities;
3.15 (3) the number of service units;
3.16 (4) the degree to which clients will receive services other than services under this section
3.17or section 256B.0632; and
3.18 (5) the costs of other services that will be separately reimbursed.
3.19 (e) (d) The rate for intensive residential treatment services and assertive community
3.20treatment must exclude the medical assistance room and board rate, as defined in section
3.21256B.056, subdivision 5d, and services not covered under this section, such as partial
3.22hospitalization, home care, and inpatient services.
3.23 (f) Physician services that are not separately billed may be included in the rate to the
3.24extent that a psychiatrist, or other health care professional providing physician services
3.25within their scope of practice, is a member of the intensive residential treatment services
3.26treatment team. Physician services, whether billed separately or included in the rate, may
3.27be delivered by telehealth. For purposes of this paragraph, "telehealth" has the meaning
3.28given to "mental health telehealth" in section 256B.0625, subdivision 46, when telehealth
3.29is used to provide intensive residential treatment services.
3.30 (g) (e) When services under this section are provided by an assertive community treatment
3.31provider, case management functions must be an integral part of the team.
3Article 1 Sec. 2.
REVISOR AGW/LN 25-0514003/20/25 4.1 (h) (f) The rate for a provider must not exceed the rate charged by that provider for the
4.2same service to other payors.
4.3 (i) (g) The rates for existing programs must be established prospectively based upon the
4.4expenditures and utilization over a prior 12-month period using the criteria established in
4.5paragraph (d) (c). The rates for new programs must be established based upon estimated
4.6expenditures and estimated utilization using the criteria established in paragraph (d) (c).
4.7 (j) (h) Effective for the rate years beginning on and after January 1, 2024, rates for
4.8assertive community treatment, adult residential crisis stabilization services, and intensive
4.9residential treatment services must be annually adjusted for inflation using the Centers for
4.10Medicare and Medicaid Services Medicare Economic Index, as forecasted in the third quarter
4.11of the calendar year before the rate year. The inflation adjustment must be based on the
4.1212-month period from the midpoint of the previous rate year to the midpoint of the rate year
4.13for which the rate is being determined. This paragraph expires upon federal approval.
4.14 (i) Effective upon the expiration of paragraph (h), and effective for the rate years
4.15beginning on and after January 1, 2024, rates for assertive community treatment services
4.16must be annually adjusted for inflation using the Centers for Medicare and Medicaid Services
4.17Medicare Economic Index, as forecasted in the third quarter of the calendar year before the
4.18rate year. The inflation adjustment must be based on the 12-month period from the midpoint
4.19of the previous rate year to the midpoint of the rate year for which the rate is being
4.20determined.
4.21 (k) (j) Entities who discontinue providing services must be subject to a settle-up process
4.22whereby actual costs and reimbursement for the previous 12 months are compared. In the
4.23event that the entity was paid more than the entity's actual costs plus any applicable
4.24performance-related funding due the provider, the excess payment must be reimbursed to
4.25the department. If a provider's revenue is less than actual allowed costs due to lower
4.26utilization than projected, the commissioner may reimburse the provider to recover its actual
4.27allowable costs. The resulting adjustments by the commissioner must be proportional to the
4.28percent of total units of service reimbursed by the commissioner and must reflect a difference
4.29of greater than five percent.
4.30 (l) (k) A provider may request of the commissioner a review of any rate-setting decision
4.31made under this subdivision.
4Article 1 Sec. 2.
REVISOR AGW/LN 25-0514003/20/25 5.1 Sec. 3. Minnesota Statutes 2024, section 256B.0622, subdivision 11, is amended to read:
5.2 Subd. 11.Sustainability grants.The commissioner may disburse grant funds directly
5.3to intensive residential treatment services providers and assertive community treatment
5.4providers to maintain access to these services.
5.5 Sec. 4. Minnesota Statutes 2024, section 256B.0622, subdivision 12, is amended to read:
5.6 Subd. 12.Start-up grants.The commissioner may, within available appropriations,
5.7disburse grant funding to counties, Indian tribes, or mental health service providers to
5.8establish additional assertive community treatment teams, intensive residential treatment
5.9services, or crisis residential services.
5.10 Sec. 5. [256B.0632] INTENSIVE RESIDENTIAL TREATMENT SERVICES.
5.11 Subdivision 1.Scope.(a) Subject to federal approval, medical assistance covers medically
5.12necessary, intensive residential treatment services when the services are provided by an
5.13entity licensed under and meeting the standards in section 245I.23.
5.14 (b) The provider entity must make reasonable and good faith efforts to report individual
5.15client outcomes to the commissioner, using instruments and protocols approved by the
5.16commissioner.
5.17 Subd. 2.Provider entity licensure and contract requirements for intensive residential
5.18treatment services.(a) The commissioner shall develop procedures for counties and
5.19providers to submit other documentation as needed to allow the commissioner to determine
5.20whether the standards in this section are met.
5.21 (b) A provider entity must specify in the provider entity's application what geographic
5.22area and populations will be served by the proposed program. A provider entity must
5.23document that the capacity or program specialties of existing programs are not sufficient
5.24to meet the service needs of the target population. A provider entity must submit evidence
5.25of ongoing relationships with other providers and levels of care to facilitate referrals to and
5.26from the proposed program.
5.27 (c) A provider entity must submit documentation that the provider entity requested a
5.28statement of need from each county board and Tribal authority that serves as a local mental
5.29health authority in the proposed service area. The statement of need must specify if the local
5.30mental health authority supports or does not support the need for the proposed program and
5.31the basis for this determination. If a local mental health authority does not respond within
5Article 1 Sec. 5.
REVISOR AGW/LN 25-0514003/20/25 6.160 days of the receipt of the request, the commissioner shall determine the need for the
6.2program based on the documentation submitted by the provider entity.
6.3 Subd. 3.Medical assistance payment for intensive residential treatment services.(a)
6.4Payment for intensive residential treatment services in this section shall be based on one
6.5daily rate per provider inclusive of the following services received by an eligible client in
6.6a given calendar day: all rehabilitative services under this section, staff travel time to provide
6.7rehabilitative services under this section, and nonresidential crisis stabilization services
6.8under section 256B.0624.
6.9 (b) Except as indicated in paragraph (d), payment will not be made to more than one
6.10entity for each client for services provided under this section on a given day. If services
6.11under this section are provided by a team that includes staff from more than one entity, the
6.12team must determine how to distribute the payment among the members.
6.13 (c) Payment must not be made based solely on a court order to participate in intensive
6.14residential treatment services. If a client has a court order to participate in the program or
6.15to obtain assessment for treatment and follow treatment recommendations, payment under
6.16this section must only be provided if the client is eligible for the service and the service is
6.17determined to be medically necessary.
6.18 (d) The commissioner shall determine one rate for each provider that will bill medical
6.19assistance for intensive residential treatment services under this section. If a single entity
6.20provides both intensive residential treatment services under this section and assertive
6.21community treatment under section 256B.0622, one rate is established for the entity's
6.22intensive residential treatment services under this section and another rate for the entity's
6.23assertive community treatment services under section 256B.0622. A provider is not eligible
6.24for payment under this section without authorization from the commissioner. The
6.25commissioner shall develop rates using the following criteria:
6.26 (1) the provider's cost for services shall include direct services costs, other program
6.27costs, and other costs determined as follows:
6.28 (i) the direct services costs must be determined using actual costs of salaries, benefits,
6.29payroll taxes, and training of direct service staff and service-related transportation;
6.30 (ii) other program costs not included in item (i) must be determined as a specified
6.31percentage of the direct services costs as determined by item (i). The percentage used shall
6.32be determined by the commissioner based upon the average of percentages that represent
6.33the relationship of other program costs to direct services costs among the entities that provide
6.34similar services;
6Article 1 Sec. 5.
REVISOR AGW/LN 25-0514003/20/25 7.1 (iii) physical plant costs calculated based on the percentage of space within the program
7.2that is entirely devoted to treatment and programming. This does not include administrative
7.3or residential space; and
7.4 (iv) subject to federal approval, up to an additional five percent of the total rate may be
7.5added to the program rate as a quality incentive based upon the entity meeting performance
7.6criteria specified by the commissioner;
7.7 (2) actual costs are defined as costs which are allowable, allocable, and reasonable, and
7.8consistent with federal reimbursement requirements under Code of Federal Regulations,
7.9title 48, chapter 1, part 31, relating to for-profit entities, and Office of Management and
7.10Budget Circular Number A-122, relating to nonprofit entities;
7.11 (3) the number of services units;
7.12 (4) the degree to which clients will receive services other than services under this section
7.13or section 256B.0622; and
7.14 (5) the costs of other services that will be separately reimbursed.
7.15 (e) The rate for intensive residential treatment services must exclude the medical
7.16assistance room and board rate, as defined in section 256B.056, subdivision 5d, and services
7.17not covered under this section, such as partial hospitalization, home care, and inpatient
7.18services.
7.19 (f) Physician services that are not separately billed may be included in the rate to the
7.20extent that a psychiatrist, or other health care professional providing physician services
7.21within their scope of practice, is a member of the intensive residential treatment services
7.22treatment team. Physician services, whether billed separately or included in the rate, may
7.23be delivered by telehealth. For purposes of this paragraph, "telehealth" has the meaning
7.24given to "mental health telehealth" in section 256B.0625, subdivision 46, when telehealth
7.25is used to provide intensive residential treatment services.
7.26 (g) The rate for a provider must not exceed the rate charged by that provider for the
7.27same service to other payors.
7.28 (h) The rates for existing programs must be established prospectively based upon the
7.29expenditures and utilization over a prior 12-month period using the criteria established in
7.30paragraph (d). The rates for new programs must be established based upon estimated
7.31expenditures and estimated utilization using the criteria established in paragraph (d).
7.32 (i) Effective upon the expiration of section 256B.0622, subdivision 8, paragraph (h),
7.33and effective for rate years beginning on and after January 1, 2024, rates for intensive
7Article 1 Sec. 5.
REVISOR AGW/LN 25-0514003/20/25 8.1residential treatment services and adult residential crisis stabilization services must be
8.2annually adjusted for inflation using the Centers for Medicare and Medicaid Services
8.3Medicare Economic Index, as forecasted in the third quarter of the calendar year before the
8.4rate year. The inflation adjustment must be based on the 12-month period from the midpoint
8.5of the previous rate year to the midpoint of the rate year for which the rate is being
8.6determined.
8.7 (j) Entities who discontinue providing services must be subject to a settle-up process
8.8whereby actual costs and reimbursement for the previous 12 months are compared. In the
8.9event that the entity was paid more than the entity's actual costs plus any applicable
8.10performance-related funding due the provider, the excess payment must be reimbursed to
8.11the department. If a provider's revenue is less than actual allowed costs due to lower
8.12utilization than projected, the commissioner may reimburse the provider to recover its actual
8.13allowable costs. The resulting adjustments by the commissioner must be proportional to the
8.14percent of total units of service reimbursed by the commissioner and must reflect a difference
8.15of greater than five percent.
8.16 (k) A provider may request of the commissioner a review of any rate-setting decision
8.17made under this subdivision.
8.18 Subd. 4.Provider enrollment; rate setting for county-operated entities.Counties
8.19that employ their own staff to provide services under this section shall apply directly to the
8.20commissioner for enrollment and rate setting. In this case, a county contract is not required.
8.21 Subd. 5.Provider enrollment; rate setting for specialized program.A county contract
8.22is not required for a provider proposing to serve a subpopulation of eligible clients under
8.23the following circumstances:
8.24 (1) the provider demonstrates that the subpopulation to be served requires a specialized
8.25program which is not available from county-approved entities; and
8.26 (2) the subpopulation to be served is of such a low incidence that it is not feasible to
8.27develop a program serving a single county or regional group of counties.
8.28 Subd. 6.Sustainability grants.The commissioner may disburse grant funds directly to
8.29intensive residential treatment services providers to maintain access to these services.
8.30 Subd. 7.Start-up grants.The commissioner may, within available appropriations,
8.31disburse grant funding to counties, Indian Tribes, or mental health service providers to
8.32establish additional intensive residential treatment services and residential crisis services.
8Article 1 Sec. 5.
REVISOR AGW/LN 25-0514003/20/25 9.1 Sec. 6. REPEALER.
9.2 Minnesota Statutes 2024, section 256B.0622, subdivision 4, is repealed.
9.3 ARTICLE 2
9.4 CONFORMING CHANGES
9.5 Section 1. Minnesota Statutes 2024, section 148F.11, subdivision 1, is amended to read:
9.6 Subdivision 1.Other professionals.(a) Nothing in this chapter prevents members of
9.7other professions or occupations from performing functions for which they are qualified or
9.8licensed. This exception includes, but is not limited to: licensed physicians; registered nurses;
9.9licensed practical nurses; licensed psychologists and licensed psychological practitioners;
9.10members of the clergy provided such services are provided within the scope of regular
9.11ministries; American Indian medicine men and women; licensed attorneys; probation officers;
9.12licensed marriage and family therapists; licensed social workers; social workers employed
9.13by city, county, or state agencies; licensed professional counselors; licensed professional
9.14clinical counselors; licensed school counselors; registered occupational therapists or
9.15occupational therapy assistants; Upper Midwest Indian Council on Addictive Disorders
9.16(UMICAD) certified counselors when providing services to Native American people; city,
9.17county, or state employees when providing assessments or case management under Minnesota
9.18Rules, chapter 9530; and staff persons providing co-occurring substance use disorder
9.19treatment in adult mental health rehabilitative programs certified or licensed by the
9.20Department of Human Services under section 245I.23, 256B.0622, or 256B.0623, or
9.21256B.0632.
9.22 (b) Nothing in this chapter prohibits technicians and resident managers in programs
9.23licensed by the Department of Human Services from discharging their duties as provided
9.24in Minnesota Rules, chapter 9530.
9.25 (c) Any person who is exempt from licensure under this section must not use a title
9.26incorporating the words "alcohol and drug counselor" or "licensed alcohol and drug
9.27counselor" or otherwise hold himself or herself out to the public by any title or description
9.28stating or implying that he or she is engaged in the practice of alcohol and drug counseling,
9.29or that he or she is licensed to engage in the practice of alcohol and drug counseling, unless
9.30that person is also licensed as an alcohol and drug counselor. Persons engaged in the practice
9.31of alcohol and drug counseling are not exempt from the board's jurisdiction solely by the
9.32use of one of the titles in paragraph (a).
9Article 2 Section 1.
REVISOR AGW/LN 25-0514003/20/25 10.1 Sec. 2. Minnesota Statutes 2024, section 245.4662, subdivision 1, is amended to read:
10.2 Subdivision 1.Definitions.(a) For purposes of this section, the following terms have
10.3the meanings given them.
10.4 (b) "Community partnership" means a project involving the collaboration of two or more
10.5eligible applicants.
10.6 (c) "Eligible applicant" means an eligible county, Indian tribe, mental health service
10.7provider, hospital, or community partnership. Eligible applicant does not include a
10.8state-operated direct care and treatment facility or program under chapters 246 and 246C.
10.9 (d) "Intensive residential treatment services" has the meaning given in section 256B.0622
10.10256B.0632.
10.11 (e) "Metropolitan area" means the seven-county metropolitan area, as defined in section
10.12473.121, subdivision 2.
10.13Sec. 3. Minnesota Statutes 2024, section 245.4906, subdivision 2, is amended to read:
10.14 Subd. 2.Eligible applicants.An eligible applicant is a licensed entity or provider that
10.15employs a mental health certified peer specialist qualified under section 245I.04, subdivision
10.1610, and that provides services to individuals receiving assertive community treatment or
10.17intensive residential treatment services under section 256B.0622, intensive residential
10.18treatment services under section 256B.0632, adult rehabilitative mental health services
10.19under section 256B.0623, or crisis response services under section 256B.0624.
10.20Sec. 4. Minnesota Statutes 2024, section 254B.04, subdivision 1a, is amended to read:
10.21 Subd. 1a.Client eligibility.(a) Persons eligible for benefits under Code of Federal
10.22Regulations, title 25, part 20, who meet the income standards of section 256B.056,
10.23subdivision 4, and are not enrolled in medical assistance, are entitled to behavioral health
10.24fund services. State money appropriated for this paragraph must be placed in a separate
10.25account established for this purpose.
10.26 (b) Persons with dependent children who are determined to be in need of substance use
10.27disorder treatment pursuant to an assessment under section 260E.20, subdivision 1, or in
10.28need of chemical dependency treatment pursuant to a case plan under section 260C.201,
10.29subdivision 6, or 260C.212, shall be assisted by the local agency to access needed treatment
10.30services. Treatment services must be appropriate for the individual or family, which may
10.31include long-term care treatment or treatment in a facility that allows the dependent children
10Article 2 Sec. 4.
REVISOR AGW/LN 25-0514003/20/25 11.1to stay in the treatment facility. The county shall pay for out-of-home placement costs, if
11.2applicable.
11.3 (c) Notwithstanding paragraph (a), any person enrolled in medical assistance or
11.4MinnesotaCare is eligible for room and board services under section 254B.05, subdivision
11.55, paragraph (b), clause (9).
11.6 (d) A client is eligible to have substance use disorder treatment paid for with funds from
11.7the behavioral health fund when the client:
11.8 (1) is eligible for MFIP as determined under chapter 142G;
11.9 (2) is eligible for medical assistance as determined under Minnesota Rules, parts
11.109505.0010 to 9505.0150;
11.11 (3) is eligible for general assistance, general assistance medical care, or work readiness
11.12as determined under Minnesota Rules, parts 9500.1200 to 9500.1318; or
11.13 (4) has income that is within current household size and income guidelines for entitled
11.14persons, as defined in this subdivision and subdivision 7.
11.15 (e) Clients who meet the financial eligibility requirement in paragraph (a) and who have
11.16a third-party payment source are eligible for the behavioral health fund if the third-party
11.17payment source pays less than 100 percent of the cost of treatment services for eligible
11.18clients.
11.19 (f) A client is ineligible to have substance use disorder treatment services paid for with
11.20behavioral health fund money if the client:
11.21 (1) has an income that exceeds current household size and income guidelines for entitled
11.22persons as defined in this subdivision and subdivision 7; or
11.23 (2) has an available third-party payment source that will pay the total cost of the client's
11.24treatment.
11.25 (g) A client who is disenrolled from a state prepaid health plan during a treatment episode
11.26is eligible for continued treatment service that is paid for by the behavioral health fund until
11.27the treatment episode is completed or the client is re-enrolled in a state prepaid health plan
11.28if the client:
11.29 (1) continues to be enrolled in MinnesotaCare, medical assistance, or general assistance
11.30medical care; or
11.31 (2) is eligible according to paragraphs (a) and (b) and is determined eligible by a local
11.32agency under section 254B.04.
11Article 2 Sec. 4.
REVISOR AGW/LN 25-0514003/20/25 12.1 (h) When a county commits a client under chapter 253B to a regional treatment center
12.2for substance use disorder services and the client is ineligible for the behavioral health fund,
12.3the county is responsible for the payment to the regional treatment center according to
12.4section 254B.05, subdivision 4.
12.5 (i) Persons enrolled in MinnesotaCare are eligible for room and board services when
12.6provided through intensive residential treatment services and residential crisis services under
12.7section 256B.0622 256B.0632.
12.8 Sec. 5. Minnesota Statutes 2024, section 254B.05, subdivision 1a, is amended to read:
12.9 Subd. 1a.Room and board provider requirements.(a) Vendors of room and board
12.10are eligible for behavioral health fund payment if the vendor:
12.11 (1) has rules prohibiting residents bringing chemicals into the facility or using chemicals
12.12while residing in the facility and provide consequences for infractions of those rules;
12.13 (2) is determined to meet applicable health and safety requirements;
12.14 (3) is not a jail or prison;
12.15 (4) is not concurrently receiving funds under chapter 256I for the recipient;
12.16 (5) admits individuals who are 18 years of age or older;
12.17 (6) is registered as a board and lodging or lodging establishment according to section
12.18157.17;
12.19 (7) has awake staff on site whenever a client is present;
12.20 (8) has staff who are at least 18 years of age and meet the requirements of section
12.21245G.11, subdivision 1, paragraph (b);
12.22 (9) has emergency behavioral procedures that meet the requirements of section 245G.16;
12.23 (10) meets the requirements of section 245G.08, subdivision 5, if administering
12.24medications to clients;
12.25 (11) meets the abuse prevention requirements of section 245A.65, including a policy on
12.26fraternization and the mandatory reporting requirements of section 626.557;
12.27 (12) documents coordination with the treatment provider to ensure compliance with
12.28section 254B.03, subdivision 2;
12.29 (13) protects client funds and ensures freedom from exploitation by meeting the
12.30provisions of section 245A.04, subdivision 13;
12Article 2 Sec. 5.
REVISOR AGW/LN 25-0514003/20/25 13.1 (14) has a grievance procedure that meets the requirements of section 245G.15,
13.2subdivision 2; and
13.3 (15) has sleeping and bathroom facilities for men and women separated by a door that
13.4is locked, has an alarm, or is supervised by awake staff.
13.5 (b) Programs licensed according to Minnesota Rules, chapter 2960, are exempt from
13.6paragraph (a), clauses (5) to (15).
13.7 (c) Programs providing children's mental health crisis admissions and stabilization under
13.8section 245.4882, subdivision 6, are eligible vendors of room and board.
13.9 (d) Programs providing children's residential services under section 245.4882, except
13.10services for individuals who have a placement under chapter 260C or 260D, are eligible
13.11vendors of room and board.
13.12 (e) Licensed programs providing intensive residential treatment services or residential
13.13crisis stabilization services pursuant to section 256B.0622 or 256B.0624 or 256B.0632 are
13.14eligible vendors of room and board and are exempt from paragraph (a), clauses (6) to (15).
13.15 (f) A vendor that is not licensed as a residential treatment program must have a policy
13.16to address staffing coverage when a client may unexpectedly need to be present at the room
13.17and board site.
13.18Sec. 6. Minnesota Statutes 2024, section 256.478, subdivision 2, is amended to read:
13.19 Subd. 2.Eligibility.An individual is eligible for the transition to community initiative
13.20if the individual can demonstrate that current services are not capable of meeting individual
13.21treatment and service needs that can be met in the community with support, and the individual
13.22meets at least one of the following criteria:
13.23 (1) the person meets the criteria under section 256B.092, subdivision 13, or 256B.49,
13.24subdivision 24;
13.25 (2) the person has met treatment objectives and no longer requires a hospital-level care,
13.26residential-level care, or a secure treatment setting, but the person's discharge from the
13.27Anoka Metro Regional Treatment Center, the Minnesota Forensic Mental Health Program,
13.28the Child and Adolescent Behavioral Health Hospital program, a psychiatric residential
13.29treatment facility under section 256B.0941, intensive residential treatment services under
13.30section 256B.0622 256B.0632, children's residential services under section 245.4882,
13.31juvenile detention facility, county supervised building, or a hospital would be substantially
13.32delayed without additional resources available through the transitions to community initiative;
13Article 2 Sec. 6.
REVISOR AGW/LN 25-0514003/20/25 14.1 (3) the person (i) is receiving customized living services reimbursed under section
14.2256B.4914, 24-hour customized living services reimbursed under section 256B.4914, or
14.3community residential services reimbursed under section 256B.4914; (ii) expresses a desire
14.4to move; and (iii) has received approval from the commissioner; or
14.5 (4) the person can demonstrate that the person's needs are beyond the scope of current
14.6service designs and grant funding can support the inclusion of additional supports for the
14.7person to access appropriate treatment and services in the least restrictive environment.
14.8 Sec. 7. Minnesota Statutes 2024, section 256B.0615, subdivision 1, is amended to read:
14.9 Subdivision 1.Scope.Medical assistance covers mental health certified peer specialist
14.10services, as established in subdivision 2, if provided to recipients who are eligible for services
14.11under sections 256B.0622, 256B.0623, and 256B.0624, and 256B.0632 and are provided
14.12by a mental health certified peer specialist who has completed the training under subdivision
14.135 and is qualified according to section 245I.04, subdivision 10.
14.14Sec. 8. Minnesota Statutes 2024, section 256B.0615, subdivision 3, is amended to read:
14.15 Subd. 3.Eligibility.Peer support services may be made available to consumers of (1)
14.16intensive residential treatment services under section 256B.0622 256B.0632; (2) adult
14.17rehabilitative mental health services under section 256B.0623; and (3) crisis stabilization
14.18and mental health mobile crisis intervention services under section 256B.0624.
14.19Sec. 9. Minnesota Statutes 2024, section 256B.82, is amended to read:
14.20 256B.82 PREPAID PLANS AND MENTAL HEALTH REHABILITATIVE
14.21SERVICES.
14.22 Medical assistance and MinnesotaCare prepaid health plans may include coverage for
14.23adult mental health rehabilitative services under section 256B.0623, intensive rehabilitative
14.24services under section 256B.0622 256B.0632, and adult mental health crisis response services
14.25under section 256B.0624, beginning January 1, 2005.
14.26 By January 15, 2004, the commissioner shall report to the legislature how these services
14.27should be included in prepaid plans. The commissioner shall consult with mental health
14.28advocates, health plans, and counties in developing this report. The report recommendations
14.29must include a plan to ensure coordination of these services between health plans and
14.30counties, assure recipient access to essential community providers, and monitor the health
14.31plans' delivery of services through utilization review and quality standards.
14Article 2 Sec. 9.
REVISOR AGW/LN 25-0514003/20/25 15.1 Sec. 10. Minnesota Statutes 2024, section 256D.44, subdivision 5, is amended to read:
15.2 Subd. 5.Special needs.(a) In addition to the state standards of assistance established
15.3in subdivisions 1 to 4, payments are allowed for the following special needs of recipients
15.4of Minnesota supplemental aid who are not residents of a nursing home, a regional treatment
15.5center, or a setting authorized to receive housing support payments under chapter 256I.
15.6 (b) The county agency shall pay a monthly allowance for medically prescribed diets if
15.7the cost of those additional dietary needs cannot be met through some other maintenance
15.8benefit. The need for special diets or dietary items must be prescribed by a licensed physician,
15.9advanced practice registered nurse, or physician assistant. Costs for special diets shall be
15.10determined as percentages of the allotment for a one-person household under the thrifty
15.11food plan as defined by the United States Department of Agriculture. The types of diets and
15.12the percentages of the thrifty food plan that are covered are as follows:
15.13 (1) high protein diet, at least 80 grams daily, 25 percent of thrifty food plan;
15.14 (2) controlled protein diet, 40 to 60 grams and requires special products, 100 percent of
15.15thrifty food plan;
15.16 (3) controlled protein diet, less than 40 grams and requires special products, 125 percent
15.17of thrifty food plan;
15.18 (4) low cholesterol diet, 25 percent of thrifty food plan;
15.19 (5) high residue diet, 20 percent of thrifty food plan;
15.20 (6) pregnancy and lactation diet, 35 percent of thrifty food plan;
15.21 (7) gluten-free diet, 25 percent of thrifty food plan;
15.22 (8) lactose-free diet, 25 percent of thrifty food plan;
15.23 (9) antidumping diet, 15 percent of thrifty food plan;
15.24 (10) hypoglycemic diet, 15 percent of thrifty food plan; or
15.25 (11) ketogenic diet, 25 percent of thrifty food plan.
15.26 (c) Payment for nonrecurring special needs must be allowed for necessary home repairs
15.27or necessary repairs or replacement of household furniture and appliances using the payment
15.28standard of the AFDC program in effect on July 16, 1996, for these expenses, as long as
15.29other funding sources are not available.
15.30 (d) A fee for guardian or conservator service is allowed at a reasonable rate negotiated
15.31by the county or approved by the court. This rate shall not exceed five percent of the
15Article 2 Sec. 10.
REVISOR AGW/LN 25-0514003/20/25 16.1assistance unit's gross monthly income up to a maximum of $100 per month. If the guardian
16.2or conservator is a member of the county agency staff, no fee is allowed.
16.3 (e) The county agency shall continue to pay a monthly allowance of $68 for restaurant
16.4meals for a person who was receiving a restaurant meal allowance on June 1, 1990, and
16.5who eats two or more meals in a restaurant daily. The allowance must continue until the
16.6person has not received Minnesota supplemental aid for one full calendar month or until
16.7the person's living arrangement changes and the person no longer meets the criteria for the
16.8restaurant meal allowance, whichever occurs first.
16.9 (f) A fee equal to the maximum monthly amount allowed by the Social Security
16.10Administration is allowed for representative payee services provided by an agency that
16.11meets the requirements under SSI regulations to charge a fee for representative payee
16.12services. This special need is available to all recipients of Minnesota supplemental aid
16.13regardless of their living arrangement.
16.14 (g)(1) Notwithstanding the language in this subdivision, an amount equal to one-half of
16.15the maximum federal Supplemental Security Income payment amount for a single individual
16.16which is in effect on the first day of July of each year will be added to the standards of
16.17assistance established in subdivisions 1 to 4 for adults under the age of 65 who qualify as
16.18in need of housing assistance and are:
16.19 (i) relocating from an institution, a setting authorized to receive housing support under
16.20chapter 256I, or an adult mental health residential treatment program under section 256B.0622
16.21256B.0632;
16.22 (ii) eligible for personal care assistance under section 256B.0659; or
16.23 (iii) home and community-based waiver recipients living in their own home or rented
16.24or leased apartment.
16.25 (2) Notwithstanding subdivision 3, paragraph (c), an individual eligible for the shelter
16.26needy benefit under this paragraph is considered a household of one. An eligible individual
16.27who receives this benefit prior to age 65 may continue to receive the benefit after the age
16.28of 65.
16.29 (3) "Housing assistance" means that the assistance unit incurs monthly shelter costs that
16.30exceed 40 percent of the assistance unit's gross income before the application of this special
16.31needs standard. "Gross income" for the purposes of this section is the applicant's or recipient's
16.32income as defined in section 256D.35, subdivision 10, or the standard specified in subdivision
16.333, paragraph (a) or (b), whichever is greater. A recipient of a federal or state housing subsidy,
16Article 2 Sec. 10.
REVISOR AGW/LN 25-0514003/20/25 17.1that limits shelter costs to a percentage of gross income, shall not be considered in need of
17.2housing assistance for purposes of this paragraph.
17Article 2 Sec. 10.
REVISOR AGW/LN 25-0514003/20/25 Page.Ln 1.11RECODIFICATION...............................................................................ARTICLE 1
Page.Ln 9.3CONFORMING CHANGES.................................................................ARTICLE 2
1
APPENDIX
Article locations for 25-05140 256B.0622 ASSERTIVE COMMUNITY TREATMENT AND INTENSIVE RESIDENTIAL
TREATMENT SERVICES.
Subd. 4.Provider entity licensure and contract requirements for intensive residential
treatment services.(a) The commissioner shall develop procedures for counties and providers to
submit other documentation as needed to allow the commissioner to determine whether the standards
in this section are met.
(b) A provider entity must specify in the provider entity's application what geographic area and
populations will be served by the proposed program. A provider entity must document that the
capacity or program specialties of existing programs are not sufficient to meet the service needs of
the target population. A provider entity must submit evidence of ongoing relationships with other
providers and levels of care to facilitate referrals to and from the proposed program.
(c) A provider entity must submit documentation that the provider entity requested a statement
of need from each county board and tribal authority that serves as a local mental health authority
in the proposed service area. The statement of need must specify if the local mental health authority
supports or does not support the need for the proposed program and the basis for this determination.
If a local mental health authority does not respond within 60 days of the receipt of the request, the
commissioner shall determine the need for the program based on the documentation submitted by
the provider entity.
1R
APPENDIX
Repealed Minnesota Statutes: 25-05140