Minnesota 2025-2026 Regular Session

Minnesota House Bill HF2758 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to human services; recodifying assertive community treatment and intensive
3	3	1.3 residential treatment services statutory language; making conforming changes;
4	4	1.4 amending Minnesota Statutes 2024, sections 148F.11, subdivision 1; 245.4662,
5	5	1.5 subdivision 1; 245.4906, subdivision 2; 254B.04, subdivision 1a; 254B.05,
6	6	1.6 subdivision 1a; 256.478, subdivision 2; 256B.0615, subdivisions 1, 3; 256B.0622,
7	7	1.7 subdivisions 1, 8, 11, 12; 256B.82; 256D.44, subdivision 5; proposing coding for
8	8	1.8 new law in Minnesota Statutes, chapter 256B; repealing Minnesota Statutes 2024,
9	9	1.9 section 256B.0622, subdivision 4.
10	10	1.10BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
11	11	1.11 ARTICLE 1
12	12	1.12 RECODIFICATION
13	13	1.13 Section 1. Minnesota Statutes 2024, section 256B.0622, subdivision 1, is amended to read:
14	14	1.14 Subdivision 1.Scope.(a) Subject to federal approval, medical assistance covers medically
15	15	1.15necessary, assertive community treatment when the services are provided by an entity
16	16	1.16certified under and meeting the standards in this section.
17	17	1.17 (b) Subject to federal approval, medical assistance covers medically necessary, intensive
18	18	1.18residential treatment services when the services are provided by an entity licensed under
19	19	1.19and meeting the standards in section 245I.23.
20	20	1.20 (c) (b) The provider entity must make reasonable and good faith efforts to report
21	21	1.21individual client outcomes to the commissioner, using instruments and protocols approved
22	22	1.22by the commissioner.
23	23	1Article 1 Section 1.
24	24	REVISOR AGW/LN 25-0514003/20/25
25	25	State of Minnesota
26	26	This Document can be made available
27	27	in alternative formats upon request
28	28	HOUSE OF REPRESENTATIVES
29	29	H. F. No. 2758
30	30	NINETY-FOURTH SESSION
31	31	Authored by Fischer03/24/2025
32	32	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:
33	33	2.2 Subd. 8.Medical assistance payment for assertive community treatment and
34	34	2.3intensive residential treatment services.(a) Payment for intensive residential treatment
35	35	2.4services and assertive community treatment in this section shall be based on one daily rate
36	36	2.5per provider inclusive of the following services received by an eligible client in a given
37	37	2.6calendar day: all rehabilitative services under this section, staff travel time to provide
38	38	2.7rehabilitative services under this section, and nonresidential crisis stabilization services
39	39	2.8under section 256B.0624.
40	40	2.9 (b) Except as indicated in paragraph (d) (c), payment will not be made to more than one
41	41	2.10entity for each client for services provided under this section on a given day. If services
42	42	2.11under this section are provided by a team that includes staff from more than one entity, the
43	43	2.12team must determine how to distribute the payment among the members.
44	44	2.13 (c) Payment must not be made based solely on a court order to participate in intensive
45	45	2.14residential treatment services. If a client has a court order to participate in the program or
46	46	2.15to obtain assessment for treatment and follow treatment recommendations, payment under
47	47	2.16this section must only be provided if the client is eligible for the service and the service is
48	48	2.17determined to be medically necessary.
49	49	2.18 (d) (c) The commissioner shall determine one rate for each provider that will bill medical
50	50	2.19assistance for residential services under this section and one rate for each assertive community
51	51	2.20treatment provider under this section. If a single entity provides both services intensive
52	52	2.21residential treatment services under section 256B.0632 and assertive community treatment
53	53	2.22under this section, one rate is established for the entity's intensive residential treatment
54	54	2.23services under section 256B.0632 and another rate for the entity's nonresidential assertive
55	55	2.24community treatment services under this section. A provider is not eligible for payment
56	56	2.25under this section without authorization from the commissioner. The commissioner shall
57	57	2.26develop rates using the following criteria:
58	58	2.27 (1) the provider's cost for services shall include direct services costs, other program
59	59	2.28costs, and other costs determined as follows:
60	60	2.29 (i) the direct services costs must be determined using actual costs of salaries, benefits,
61	61	2.30payroll taxes, and training of direct service staff and service-related transportation;
62	62	2.31 (ii) other program costs not included in item (i) must be determined as a specified
63	63	2.32percentage of the direct services costs as determined by item (i). The percentage used shall
64	64	2.33be determined by the commissioner based upon the average of percentages that represent
65	65	2Article 1 Sec. 2.
66	66	REVISOR AGW/LN 25-0514003/20/25 3.1the relationship of other program costs to direct services costs among the entities that provide
67	67	3.2similar services;
68	68	3.3 (iii) physical plant costs calculated based on the percentage of space within the program
69	69	3.4that is entirely devoted to treatment and programming. This does not include administrative
70	70	3.5or residential space;
71	71	3.6 (iv) assertive community treatment physical plant costs must be reimbursed as part of
72	72	3.7the costs described in item (ii); and
73	73	3.8 (v) subject to federal approval, up to an additional five percent of the total rate may be
74	74	3.9added to the program rate as a quality incentive based upon the entity meeting performance
75	75	3.10criteria specified by the commissioner;
76	76	3.11 (2) actual cost is costs are defined as costs which are allowable, allocable, and reasonable,
77	77	3.12and consistent with federal reimbursement requirements under Code of Federal Regulations,
78	78	3.13title 48, chapter 1, part 31, relating to for-profit entities, and Office of Management and
79	79	3.14Budget Circular Number A-122, relating to nonprofit entities;
80	80	3.15 (3) the number of service units;
81	81	3.16 (4) the degree to which clients will receive services other than services under this section
82	82	3.17or section 256B.0632; and
83	83	3.18 (5) the costs of other services that will be separately reimbursed.
84	84	3.19 (e) (d) The rate for intensive residential treatment services and assertive community
85	85	3.20treatment must exclude the medical assistance room and board rate, as defined in section
86	86	3.21256B.056, subdivision 5d, and services not covered under this section, such as partial
87	87	3.22hospitalization, home care, and inpatient services.
88	88	3.23 (f) Physician services that are not separately billed may be included in the rate to the
89	89	3.24extent that a psychiatrist, or other health care professional providing physician services
90	90	3.25within their scope of practice, is a member of the intensive residential treatment services
91	91	3.26treatment team. Physician services, whether billed separately or included in the rate, may
92	92	3.27be delivered by telehealth. For purposes of this paragraph, "telehealth" has the meaning
93	93	3.28given to "mental health telehealth" in section 256B.0625, subdivision 46, when telehealth
94	94	3.29is used to provide intensive residential treatment services.
95	95	3.30 (g) (e) When services under this section are provided by an assertive community treatment
96	96	3.31provider, case management functions must be an integral part of the team.
97	97	3Article 1 Sec. 2.
98	98	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
99	99	4.2same service to other payors.
100	100	4.3 (i) (g) The rates for existing programs must be established prospectively based upon the
101	101	4.4expenditures and utilization over a prior 12-month period using the criteria established in
102	102	4.5paragraph (d) (c). The rates for new programs must be established based upon estimated
103	103	4.6expenditures and estimated utilization using the criteria established in paragraph (d) (c).
104	104	4.7 (j) (h) Effective for the rate years beginning on and after January 1, 2024, rates for
105	105	4.8assertive community treatment, adult residential crisis stabilization services, and intensive
106	106	4.9residential treatment services must be annually adjusted for inflation using the Centers for
107	107	4.10Medicare and Medicaid Services Medicare Economic Index, as forecasted in the third quarter
108	108	4.11of the calendar year before the rate year. The inflation adjustment must be based on the
109	109	4.1212-month period from the midpoint of the previous rate year to the midpoint of the rate year
110	110	4.13for which the rate is being determined. This paragraph expires upon federal approval.
111	111	4.14 (i) Effective upon the expiration of paragraph (h), and effective for the rate years
112	112	4.15beginning on and after January 1, 2024, rates for assertive community treatment services
113	113	4.16must be annually adjusted for inflation using the Centers for Medicare and Medicaid Services
114	114	4.17Medicare Economic Index, as forecasted in the third quarter of the calendar year before the
115	115	4.18rate year. The inflation adjustment must be based on the 12-month period from the midpoint
116	116	4.19of the previous rate year to the midpoint of the rate year for which the rate is being
117	117	4.20determined.
118	118	4.21 (k) (j) Entities who discontinue providing services must be subject to a settle-up process
119	119	4.22whereby actual costs and reimbursement for the previous 12 months are compared. In the
120	120	4.23event that the entity was paid more than the entity's actual costs plus any applicable
121	121	4.24performance-related funding due the provider, the excess payment must be reimbursed to
122	122	4.25the department. If a provider's revenue is less than actual allowed costs due to lower
123	123	4.26utilization than projected, the commissioner may reimburse the provider to recover its actual
124	124	4.27allowable costs. The resulting adjustments by the commissioner must be proportional to the
125	125	4.28percent of total units of service reimbursed by the commissioner and must reflect a difference
126	126	4.29of greater than five percent.
127	127	4.30 (l) (k) A provider may request of the commissioner a review of any rate-setting decision
128	128	4.31made under this subdivision.
129	129	4Article 1 Sec. 2.
130	130	REVISOR AGW/LN 25-0514003/20/25 5.1 Sec. 3. Minnesota Statutes 2024, section 256B.0622, subdivision 11, is amended to read:
131	131	5.2 Subd. 11.Sustainability grants.The commissioner may disburse grant funds directly
132	132	5.3to intensive residential treatment services providers and assertive community treatment
133	133	5.4providers to maintain access to these services.
134	134	5.5 Sec. 4. Minnesota Statutes 2024, section 256B.0622, subdivision 12, is amended to read:
135	135	5.6 Subd. 12.Start-up grants.The commissioner may, within available appropriations,
136	136	5.7disburse grant funding to counties, Indian tribes, or mental health service providers to
137	137	5.8establish additional assertive community treatment teams, intensive residential treatment
138	138	5.9services, or crisis residential services.
139	139	5.10 Sec. 5. [256B.0632] INTENSIVE RESIDENTIAL TREATMENT SERVICES.
140	140	5.11 Subdivision 1.Scope.(a) Subject to federal approval, medical assistance covers medically
141	141	5.12necessary, intensive residential treatment services when the services are provided by an
142	142	5.13entity licensed under and meeting the standards in section 245I.23.
143	143	5.14 (b) The provider entity must make reasonable and good faith efforts to report individual
144	144	5.15client outcomes to the commissioner, using instruments and protocols approved by the
145	145	5.16commissioner.
146	146	5.17 Subd. 2.Provider entity licensure and contract requirements for intensive residential
147	147	5.18treatment services.(a) The commissioner shall develop procedures for counties and
148	148	5.19providers to submit other documentation as needed to allow the commissioner to determine
149	149	5.20whether the standards in this section are met.
150	150	5.21 (b) A provider entity must specify in the provider entity's application what geographic
151	151	5.22area and populations will be served by the proposed program. A provider entity must
152	152	5.23document that the capacity or program specialties of existing programs are not sufficient
153	153	5.24to meet the service needs of the target population. A provider entity must submit evidence
154	154	5.25of ongoing relationships with other providers and levels of care to facilitate referrals to and
155	155	5.26from the proposed program.
156	156	5.27 (c) A provider entity must submit documentation that the provider entity requested a
157	157	5.28statement of need from each county board and Tribal authority that serves as a local mental
158	158	5.29health authority in the proposed service area. The statement of need must specify if the local
159	159	5.30mental health authority supports or does not support the need for the proposed program and
160	160	5.31the basis for this determination. If a local mental health authority does not respond within
161	161	5Article 1 Sec. 5.
162	162	REVISOR AGW/LN 25-0514003/20/25 6.160 days of the receipt of the request, the commissioner shall determine the need for the
163	163	6.2program based on the documentation submitted by the provider entity.
164	164	6.3 Subd. 3.Medical assistance payment for intensive residential treatment services.(a)
165	165	6.4Payment for intensive residential treatment services in this section shall be based on one
166	166	6.5daily rate per provider inclusive of the following services received by an eligible client in
167	167	6.6a given calendar day: all rehabilitative services under this section, staff travel time to provide
168	168	6.7rehabilitative services under this section, and nonresidential crisis stabilization services
169	169	6.8under section 256B.0624.
170	170	6.9 (b) Except as indicated in paragraph (d), payment will not be made to more than one
171	171	6.10entity for each client for services provided under this section on a given day. If services
172	172	6.11under this section are provided by a team that includes staff from more than one entity, the
173	173	6.12team must determine how to distribute the payment among the members.
174	174	6.13 (c) Payment must not be made based solely on a court order to participate in intensive
175	175	6.14residential treatment services. If a client has a court order to participate in the program or
176	176	6.15to obtain assessment for treatment and follow treatment recommendations, payment under
177	177	6.16this section must only be provided if the client is eligible for the service and the service is
178	178	6.17determined to be medically necessary.
179	179	6.18 (d) The commissioner shall determine one rate for each provider that will bill medical
180	180	6.19assistance for intensive residential treatment services under this section. If a single entity
181	181	6.20provides both intensive residential treatment services under this section and assertive
182	182	6.21community treatment under section 256B.0622, one rate is established for the entity's
183	183	6.22intensive residential treatment services under this section and another rate for the entity's
184	184	6.23assertive community treatment services under section 256B.0622. A provider is not eligible
185	185	6.24for payment under this section without authorization from the commissioner. The
186	186	6.25commissioner shall develop rates using the following criteria:
187	187	6.26 (1) the provider's cost for services shall include direct services costs, other program
188	188	6.27costs, and other costs determined as follows:
189	189	6.28 (i) the direct services costs must be determined using actual costs of salaries, benefits,
190	190	6.29payroll taxes, and training of direct service staff and service-related transportation;
191	191	6.30 (ii) other program costs not included in item (i) must be determined as a specified
192	192	6.31percentage of the direct services costs as determined by item (i). The percentage used shall
193	193	6.32be determined by the commissioner based upon the average of percentages that represent
194	194	6.33the relationship of other program costs to direct services costs among the entities that provide
195	195	6.34similar services;
196	196	6Article 1 Sec. 5.
197	197	REVISOR AGW/LN 25-0514003/20/25 7.1 (iii) physical plant costs calculated based on the percentage of space within the program
198	198	7.2that is entirely devoted to treatment and programming. This does not include administrative
199	199	7.3or residential space; and
200	200	7.4 (iv) subject to federal approval, up to an additional five percent of the total rate may be
201	201	7.5added to the program rate as a quality incentive based upon the entity meeting performance
202	202	7.6criteria specified by the commissioner;
203	203	7.7 (2) actual costs are defined as costs which are allowable, allocable, and reasonable, and
204	204	7.8consistent with federal reimbursement requirements under Code of Federal Regulations,
205	205	7.9title 48, chapter 1, part 31, relating to for-profit entities, and Office of Management and
206	206	7.10Budget Circular Number A-122, relating to nonprofit entities;
207	207	7.11 (3) the number of services units;
208	208	7.12 (4) the degree to which clients will receive services other than services under this section
209	209	7.13or section 256B.0622; and
210	210	7.14 (5) the costs of other services that will be separately reimbursed.
211	211	7.15 (e) The rate for intensive residential treatment services must exclude the medical
212	212	7.16assistance room and board rate, as defined in section 256B.056, subdivision 5d, and services
213	213	7.17not covered under this section, such as partial hospitalization, home care, and inpatient
214	214	7.18services.
215	215	7.19 (f) Physician services that are not separately billed may be included in the rate to the
216	216	7.20extent that a psychiatrist, or other health care professional providing physician services
217	217	7.21within their scope of practice, is a member of the intensive residential treatment services
218	218	7.22treatment team. Physician services, whether billed separately or included in the rate, may
219	219	7.23be delivered by telehealth. For purposes of this paragraph, "telehealth" has the meaning
220	220	7.24given to "mental health telehealth" in section 256B.0625, subdivision 46, when telehealth
221	221	7.25is used to provide intensive residential treatment services.
222	222	7.26 (g) The rate for a provider must not exceed the rate charged by that provider for the
223	223	7.27same service to other payors.
224	224	7.28 (h) The rates for existing programs must be established prospectively based upon the
225	225	7.29expenditures and utilization over a prior 12-month period using the criteria established in
226	226	7.30paragraph (d). The rates for new programs must be established based upon estimated
227	227	7.31expenditures and estimated utilization using the criteria established in paragraph (d).
228	228	7.32 (i) Effective upon the expiration of section 256B.0622, subdivision 8, paragraph (h),
229	229	7.33and effective for rate years beginning on and after January 1, 2024, rates for intensive
230	230	7Article 1 Sec. 5.
231	231	REVISOR AGW/LN 25-0514003/20/25 8.1residential treatment services and adult residential crisis stabilization services must be
232	232	8.2annually adjusted for inflation using the Centers for Medicare and Medicaid Services
233	233	8.3Medicare Economic Index, as forecasted in the third quarter of the calendar year before the
234	234	8.4rate year. The inflation adjustment must be based on the 12-month period from the midpoint
235	235	8.5of the previous rate year to the midpoint of the rate year for which the rate is being
236	236	8.6determined.
237	237	8.7 (j) Entities who discontinue providing services must be subject to a settle-up process
238	238	8.8whereby actual costs and reimbursement for the previous 12 months are compared. In the
239	239	8.9event that the entity was paid more than the entity's actual costs plus any applicable
240	240	8.10performance-related funding due the provider, the excess payment must be reimbursed to
241	241	8.11the department. If a provider's revenue is less than actual allowed costs due to lower
242	242	8.12utilization than projected, the commissioner may reimburse the provider to recover its actual
243	243	8.13allowable costs. The resulting adjustments by the commissioner must be proportional to the
244	244	8.14percent of total units of service reimbursed by the commissioner and must reflect a difference
245	245	8.15of greater than five percent.
246	246	8.16 (k) A provider may request of the commissioner a review of any rate-setting decision
247	247	8.17made under this subdivision.
248	248	8.18 Subd. 4.Provider enrollment; rate setting for county-operated entities.Counties
249	249	8.19that employ their own staff to provide services under this section shall apply directly to the
250	250	8.20commissioner for enrollment and rate setting. In this case, a county contract is not required.
251	251	8.21 Subd. 5.Provider enrollment; rate setting for specialized program.A county contract
252	252	8.22is not required for a provider proposing to serve a subpopulation of eligible clients under
253	253	8.23the following circumstances:
254	254	8.24 (1) the provider demonstrates that the subpopulation to be served requires a specialized
255	255	8.25program which is not available from county-approved entities; and
256	256	8.26 (2) the subpopulation to be served is of such a low incidence that it is not feasible to
257	257	8.27develop a program serving a single county or regional group of counties.
258	258	8.28 Subd. 6.Sustainability grants.The commissioner may disburse grant funds directly to
259	259	8.29intensive residential treatment services providers to maintain access to these services.
260	260	8.30 Subd. 7.Start-up grants.The commissioner may, within available appropriations,
261	261	8.31disburse grant funding to counties, Indian Tribes, or mental health service providers to
262	262	8.32establish additional intensive residential treatment services and residential crisis services.
263	263	8Article 1 Sec. 5.
264	264	REVISOR AGW/LN 25-0514003/20/25 9.1 Sec. 6. REPEALER.
265	265	9.2 Minnesota Statutes 2024, section 256B.0622, subdivision 4, is repealed.
266	266	9.3 ARTICLE 2
267	267	9.4 CONFORMING CHANGES
268	268	9.5 Section 1. Minnesota Statutes 2024, section 148F.11, subdivision 1, is amended to read:
269	269	9.6 Subdivision 1.Other professionals.(a) Nothing in this chapter prevents members of
270	270	9.7other professions or occupations from performing functions for which they are qualified or
271	271	9.8licensed. This exception includes, but is not limited to: licensed physicians; registered nurses;
272	272	9.9licensed practical nurses; licensed psychologists and licensed psychological practitioners;
273	273	9.10members of the clergy provided such services are provided within the scope of regular
274	274	9.11ministries; American Indian medicine men and women; licensed attorneys; probation officers;
275	275	9.12licensed marriage and family therapists; licensed social workers; social workers employed
276	276	9.13by city, county, or state agencies; licensed professional counselors; licensed professional
277	277	9.14clinical counselors; licensed school counselors; registered occupational therapists or
278	278	9.15occupational therapy assistants; Upper Midwest Indian Council on Addictive Disorders
279	279	9.16(UMICAD) certified counselors when providing services to Native American people; city,
280	280	9.17county, or state employees when providing assessments or case management under Minnesota
281	281	9.18Rules, chapter 9530; and staff persons providing co-occurring substance use disorder
282	282	9.19treatment in adult mental health rehabilitative programs certified or licensed by the
283	283	9.20Department of Human Services under section 245I.23, 256B.0622, or 256B.0623, or
284	284	9.21256B.0632.
285	285	9.22 (b) Nothing in this chapter prohibits technicians and resident managers in programs
286	286	9.23licensed by the Department of Human Services from discharging their duties as provided
287	287	9.24in Minnesota Rules, chapter 9530.
288	288	9.25 (c) Any person who is exempt from licensure under this section must not use a title
289	289	9.26incorporating the words "alcohol and drug counselor" or "licensed alcohol and drug
290	290	9.27counselor" or otherwise hold himself or herself out to the public by any title or description
291	291	9.28stating or implying that he or she is engaged in the practice of alcohol and drug counseling,
292	292	9.29or that he or she is licensed to engage in the practice of alcohol and drug counseling, unless
293	293	9.30that person is also licensed as an alcohol and drug counselor. Persons engaged in the practice
294	294	9.31of alcohol and drug counseling are not exempt from the board's jurisdiction solely by the
295	295	9.32use of one of the titles in paragraph (a).
296	296	9Article 2 Section 1.
297	297	REVISOR AGW/LN 25-0514003/20/25 10.1 Sec. 2. Minnesota Statutes 2024, section 245.4662, subdivision 1, is amended to read:
298	298	10.2 Subdivision 1.Definitions.(a) For purposes of this section, the following terms have
299	299	10.3the meanings given them.
300	300	10.4 (b) "Community partnership" means a project involving the collaboration of two or more
301	301	10.5eligible applicants.
302	302	10.6 (c) "Eligible applicant" means an eligible county, Indian tribe, mental health service
303	303	10.7provider, hospital, or community partnership. Eligible applicant does not include a
304	304	10.8state-operated direct care and treatment facility or program under chapters 246 and 246C.
305	305	10.9 (d) "Intensive residential treatment services" has the meaning given in section 256B.0622
306	306	10.10256B.0632.
307	307	10.11 (e) "Metropolitan area" means the seven-county metropolitan area, as defined in section
308	308	10.12473.121, subdivision 2.
309	309	10.13Sec. 3. Minnesota Statutes 2024, section 245.4906, subdivision 2, is amended to read:
310	310	10.14 Subd. 2.Eligible applicants.An eligible applicant is a licensed entity or provider that
311	311	10.15employs a mental health certified peer specialist qualified under section 245I.04, subdivision
312	312	10.1610, and that provides services to individuals receiving assertive community treatment or
313	313	10.17intensive residential treatment services under section 256B.0622, intensive residential
314	314	10.18treatment services under section 256B.0632, adult rehabilitative mental health services
315	315	10.19under section 256B.0623, or crisis response services under section 256B.0624.
316	316	10.20Sec. 4. Minnesota Statutes 2024, section 254B.04, subdivision 1a, is amended to read:
317	317	10.21 Subd. 1a.Client eligibility.(a) Persons eligible for benefits under Code of Federal
318	318	10.22Regulations, title 25, part 20, who meet the income standards of section 256B.056,
319	319	10.23subdivision 4, and are not enrolled in medical assistance, are entitled to behavioral health
320	320	10.24fund services. State money appropriated for this paragraph must be placed in a separate
321	321	10.25account established for this purpose.
322	322	10.26 (b) Persons with dependent children who are determined to be in need of substance use
323	323	10.27disorder treatment pursuant to an assessment under section 260E.20, subdivision 1, or in
324	324	10.28need of chemical dependency treatment pursuant to a case plan under section 260C.201,
325	325	10.29subdivision 6, or 260C.212, shall be assisted by the local agency to access needed treatment
326	326	10.30services. Treatment services must be appropriate for the individual or family, which may
327	327	10.31include long-term care treatment or treatment in a facility that allows the dependent children
328	328	10Article 2 Sec. 4.
329	329	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
330	330	11.2applicable.
331	331	11.3 (c) Notwithstanding paragraph (a), any person enrolled in medical assistance or
332	332	11.4MinnesotaCare is eligible for room and board services under section 254B.05, subdivision
333	333	11.55, paragraph (b), clause (9).
334	334	11.6 (d) A client is eligible to have substance use disorder treatment paid for with funds from
335	335	11.7the behavioral health fund when the client:
336	336	11.8 (1) is eligible for MFIP as determined under chapter 142G;
337	337	11.9 (2) is eligible for medical assistance as determined under Minnesota Rules, parts
338	338	11.109505.0010 to 9505.0150;
339	339	11.11 (3) is eligible for general assistance, general assistance medical care, or work readiness
340	340	11.12as determined under Minnesota Rules, parts 9500.1200 to 9500.1318; or
341	341	11.13 (4) has income that is within current household size and income guidelines for entitled
342	342	11.14persons, as defined in this subdivision and subdivision 7.
343	343	11.15 (e) Clients who meet the financial eligibility requirement in paragraph (a) and who have
344	344	11.16a third-party payment source are eligible for the behavioral health fund if the third-party
345	345	11.17payment source pays less than 100 percent of the cost of treatment services for eligible
346	346	11.18clients.
347	347	11.19 (f) A client is ineligible to have substance use disorder treatment services paid for with
348	348	11.20behavioral health fund money if the client:
349	349	11.21 (1) has an income that exceeds current household size and income guidelines for entitled
350	350	11.22persons as defined in this subdivision and subdivision 7; or
351	351	11.23 (2) has an available third-party payment source that will pay the total cost of the client's
352	352	11.24treatment.
353	353	11.25 (g) A client who is disenrolled from a state prepaid health plan during a treatment episode
354	354	11.26is eligible for continued treatment service that is paid for by the behavioral health fund until
355	355	11.27the treatment episode is completed or the client is re-enrolled in a state prepaid health plan
356	356	11.28if the client:
357	357	11.29 (1) continues to be enrolled in MinnesotaCare, medical assistance, or general assistance
358	358	11.30medical care; or
359	359	11.31 (2) is eligible according to paragraphs (a) and (b) and is determined eligible by a local
360	360	11.32agency under section 254B.04.
361	361	11Article 2 Sec. 4.
362	362	REVISOR AGW/LN 25-0514003/20/25 12.1 (h) When a county commits a client under chapter 253B to a regional treatment center
363	363	12.2for substance use disorder services and the client is ineligible for the behavioral health fund,
364	364	12.3the county is responsible for the payment to the regional treatment center according to
365	365	12.4section 254B.05, subdivision 4.
366	366	12.5 (i) Persons enrolled in MinnesotaCare are eligible for room and board services when
367	367	12.6provided through intensive residential treatment services and residential crisis services under
368	368	12.7section 256B.0622 256B.0632.
369	369	12.8 Sec. 5. Minnesota Statutes 2024, section 254B.05, subdivision 1a, is amended to read:
370	370	12.9 Subd. 1a.Room and board provider requirements.(a) Vendors of room and board
371	371	12.10are eligible for behavioral health fund payment if the vendor:
372	372	12.11 (1) has rules prohibiting residents bringing chemicals into the facility or using chemicals
373	373	12.12while residing in the facility and provide consequences for infractions of those rules;
374	374	12.13 (2) is determined to meet applicable health and safety requirements;
375	375	12.14 (3) is not a jail or prison;
376	376	12.15 (4) is not concurrently receiving funds under chapter 256I for the recipient;
377	377	12.16 (5) admits individuals who are 18 years of age or older;
378	378	12.17 (6) is registered as a board and lodging or lodging establishment according to section
379	379	12.18157.17;
380	380	12.19 (7) has awake staff on site whenever a client is present;
381	381	12.20 (8) has staff who are at least 18 years of age and meet the requirements of section
382	382	12.21245G.11, subdivision 1, paragraph (b);
383	383	12.22 (9) has emergency behavioral procedures that meet the requirements of section 245G.16;
384	384	12.23 (10) meets the requirements of section 245G.08, subdivision 5, if administering
385	385	12.24medications to clients;
386	386	12.25 (11) meets the abuse prevention requirements of section 245A.65, including a policy on
387	387	12.26fraternization and the mandatory reporting requirements of section 626.557;
388	388	12.27 (12) documents coordination with the treatment provider to ensure compliance with
389	389	12.28section 254B.03, subdivision 2;
390	390	12.29 (13) protects client funds and ensures freedom from exploitation by meeting the
391	391	12.30provisions of section 245A.04, subdivision 13;
392	392	12Article 2 Sec. 5.
393	393	REVISOR AGW/LN 25-0514003/20/25 13.1 (14) has a grievance procedure that meets the requirements of section 245G.15,
394	394	13.2subdivision 2; and
395	395	13.3 (15) has sleeping and bathroom facilities for men and women separated by a door that
396	396	13.4is locked, has an alarm, or is supervised by awake staff.
397	397	13.5 (b) Programs licensed according to Minnesota Rules, chapter 2960, are exempt from
398	398	13.6paragraph (a), clauses (5) to (15).
399	399	13.7 (c) Programs providing children's mental health crisis admissions and stabilization under
400	400	13.8section 245.4882, subdivision 6, are eligible vendors of room and board.
401	401	13.9 (d) Programs providing children's residential services under section 245.4882, except
402	402	13.10services for individuals who have a placement under chapter 260C or 260D, are eligible
403	403	13.11vendors of room and board.
404	404	13.12 (e) Licensed programs providing intensive residential treatment services or residential
405	405	13.13crisis stabilization services pursuant to section 256B.0622 or 256B.0624 or 256B.0632 are
406	406	13.14eligible vendors of room and board and are exempt from paragraph (a), clauses (6) to (15).
407	407	13.15 (f) A vendor that is not licensed as a residential treatment program must have a policy
408	408	13.16to address staffing coverage when a client may unexpectedly need to be present at the room
409	409	13.17and board site.
410	410	13.18Sec. 6. Minnesota Statutes 2024, section 256.478, subdivision 2, is amended to read:
411	411	13.19 Subd. 2.Eligibility.An individual is eligible for the transition to community initiative
412	412	13.20if the individual can demonstrate that current services are not capable of meeting individual
413	413	13.21treatment and service needs that can be met in the community with support, and the individual
414	414	13.22meets at least one of the following criteria:
415	415	13.23 (1) the person meets the criteria under section 256B.092, subdivision 13, or 256B.49,
416	416	13.24subdivision 24;
417	417	13.25 (2) the person has met treatment objectives and no longer requires a hospital-level care,
418	418	13.26residential-level care, or a secure treatment setting, but the person's discharge from the
419	419	13.27Anoka Metro Regional Treatment Center, the Minnesota Forensic Mental Health Program,
420	420	13.28the Child and Adolescent Behavioral Health Hospital program, a psychiatric residential
421	421	13.29treatment facility under section 256B.0941, intensive residential treatment services under
422	422	13.30section 256B.0622 256B.0632, children's residential services under section 245.4882,
423	423	13.31juvenile detention facility, county supervised building, or a hospital would be substantially
424	424	13.32delayed without additional resources available through the transitions to community initiative;
425	425	13Article 2 Sec. 6.
426	426	REVISOR AGW/LN 25-0514003/20/25 14.1 (3) the person (i) is receiving customized living services reimbursed under section
427	427	14.2256B.4914, 24-hour customized living services reimbursed under section 256B.4914, or
428	428	14.3community residential services reimbursed under section 256B.4914; (ii) expresses a desire
429	429	14.4to move; and (iii) has received approval from the commissioner; or
430	430	14.5 (4) the person can demonstrate that the person's needs are beyond the scope of current
431	431	14.6service designs and grant funding can support the inclusion of additional supports for the
432	432	14.7person to access appropriate treatment and services in the least restrictive environment.
433	433	14.8 Sec. 7. Minnesota Statutes 2024, section 256B.0615, subdivision 1, is amended to read:
434	434	14.9 Subdivision 1.Scope.Medical assistance covers mental health certified peer specialist
435	435	14.10services, as established in subdivision 2, if provided to recipients who are eligible for services
436	436	14.11under sections 256B.0622, 256B.0623, and 256B.0624, and 256B.0632 and are provided
437	437	14.12by a mental health certified peer specialist who has completed the training under subdivision
438	438	14.135 and is qualified according to section 245I.04, subdivision 10.
439	439	14.14Sec. 8. Minnesota Statutes 2024, section 256B.0615, subdivision 3, is amended to read:
440	440	14.15 Subd. 3.Eligibility.Peer support services may be made available to consumers of (1)
441	441	14.16intensive residential treatment services under section 256B.0622 256B.0632; (2) adult
442	442	14.17rehabilitative mental health services under section 256B.0623; and (3) crisis stabilization
443	443	14.18and mental health mobile crisis intervention services under section 256B.0624.
444	444	14.19Sec. 9. Minnesota Statutes 2024, section 256B.82, is amended to read:
445	445	14.20 256B.82 PREPAID PLANS AND MENTAL HEALTH REHABILITATIVE
446	446	14.21SERVICES.
447	447	14.22 Medical assistance and MinnesotaCare prepaid health plans may include coverage for
448	448	14.23adult mental health rehabilitative services under section 256B.0623, intensive rehabilitative
449	449	14.24services under section 256B.0622 256B.0632, and adult mental health crisis response services
450	450	14.25under section 256B.0624, beginning January 1, 2005.
451	451	14.26 By January 15, 2004, the commissioner shall report to the legislature how these services
452	452	14.27should be included in prepaid plans. The commissioner shall consult with mental health
453	453	14.28advocates, health plans, and counties in developing this report. The report recommendations
454	454	14.29must include a plan to ensure coordination of these services between health plans and
455	455	14.30counties, assure recipient access to essential community providers, and monitor the health
456	456	14.31plans' delivery of services through utilization review and quality standards.
457	457	14Article 2 Sec. 9.
458	458	REVISOR AGW/LN 25-0514003/20/25 15.1 Sec. 10. Minnesota Statutes 2024, section 256D.44, subdivision 5, is amended to read:
459	459	15.2 Subd. 5.Special needs.(a) In addition to the state standards of assistance established
460	460	15.3in subdivisions 1 to 4, payments are allowed for the following special needs of recipients
461	461	15.4of Minnesota supplemental aid who are not residents of a nursing home, a regional treatment
462	462	15.5center, or a setting authorized to receive housing support payments under chapter 256I.
463	463	15.6 (b) The county agency shall pay a monthly allowance for medically prescribed diets if
464	464	15.7the cost of those additional dietary needs cannot be met through some other maintenance
465	465	15.8benefit. The need for special diets or dietary items must be prescribed by a licensed physician,
466	466	15.9advanced practice registered nurse, or physician assistant. Costs for special diets shall be
467	467	15.10determined as percentages of the allotment for a one-person household under the thrifty
468	468	15.11food plan as defined by the United States Department of Agriculture. The types of diets and
469	469	15.12the percentages of the thrifty food plan that are covered are as follows:
470	470	15.13 (1) high protein diet, at least 80 grams daily, 25 percent of thrifty food plan;
471	471	15.14 (2) controlled protein diet, 40 to 60 grams and requires special products, 100 percent of
472	472	15.15thrifty food plan;
473	473	15.16 (3) controlled protein diet, less than 40 grams and requires special products, 125 percent
474	474	15.17of thrifty food plan;
475	475	15.18 (4) low cholesterol diet, 25 percent of thrifty food plan;
476	476	15.19 (5) high residue diet, 20 percent of thrifty food plan;
477	477	15.20 (6) pregnancy and lactation diet, 35 percent of thrifty food plan;
478	478	15.21 (7) gluten-free diet, 25 percent of thrifty food plan;
479	479	15.22 (8) lactose-free diet, 25 percent of thrifty food plan;
480	480	15.23 (9) antidumping diet, 15 percent of thrifty food plan;
481	481	15.24 (10) hypoglycemic diet, 15 percent of thrifty food plan; or
482	482	15.25 (11) ketogenic diet, 25 percent of thrifty food plan.
483	483	15.26 (c) Payment for nonrecurring special needs must be allowed for necessary home repairs
484	484	15.27or necessary repairs or replacement of household furniture and appliances using the payment
485	485	15.28standard of the AFDC program in effect on July 16, 1996, for these expenses, as long as
486	486	15.29other funding sources are not available.
487	487	15.30 (d) A fee for guardian or conservator service is allowed at a reasonable rate negotiated
488	488	15.31by the county or approved by the court. This rate shall not exceed five percent of the
489	489	15Article 2 Sec. 10.
490	490	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
491	491	16.2or conservator is a member of the county agency staff, no fee is allowed.
492	492	16.3 (e) The county agency shall continue to pay a monthly allowance of $68 for restaurant
493	493	16.4meals for a person who was receiving a restaurant meal allowance on June 1, 1990, and
494	494	16.5who eats two or more meals in a restaurant daily. The allowance must continue until the
495	495	16.6person has not received Minnesota supplemental aid for one full calendar month or until
496	496	16.7the person's living arrangement changes and the person no longer meets the criteria for the
497	497	16.8restaurant meal allowance, whichever occurs first.
498	498	16.9 (f) A fee equal to the maximum monthly amount allowed by the Social Security
499	499	16.10Administration is allowed for representative payee services provided by an agency that
500	500	16.11meets the requirements under SSI regulations to charge a fee for representative payee
501	501	16.12services. This special need is available to all recipients of Minnesota supplemental aid
502	502	16.13regardless of their living arrangement.
503	503	16.14 (g)(1) Notwithstanding the language in this subdivision, an amount equal to one-half of
504	504	16.15the maximum federal Supplemental Security Income payment amount for a single individual
505	505	16.16which is in effect on the first day of July of each year will be added to the standards of
506	506	16.17assistance established in subdivisions 1 to 4 for adults under the age of 65 who qualify as
507	507	16.18in need of housing assistance and are:
508	508	16.19 (i) relocating from an institution, a setting authorized to receive housing support under
509	509	16.20chapter 256I, or an adult mental health residential treatment program under section 256B.0622
510	510	16.21256B.0632;
511	511	16.22 (ii) eligible for personal care assistance under section 256B.0659; or
512	512	16.23 (iii) home and community-based waiver recipients living in their own home or rented
513	513	16.24or leased apartment.
514	514	16.25 (2) Notwithstanding subdivision 3, paragraph (c), an individual eligible for the shelter
515	515	16.26needy benefit under this paragraph is considered a household of one. An eligible individual
516	516	16.27who receives this benefit prior to age 65 may continue to receive the benefit after the age
517	517	16.28of 65.
518	518	16.29 (3) "Housing assistance" means that the assistance unit incurs monthly shelter costs that
519	519	16.30exceed 40 percent of the assistance unit's gross income before the application of this special
520	520	16.31needs standard. "Gross income" for the purposes of this section is the applicant's or recipient's
521	521	16.32income as defined in section 256D.35, subdivision 10, or the standard specified in subdivision
522	522	16.333, paragraph (a) or (b), whichever is greater. A recipient of a federal or state housing subsidy,
523	523	16Article 2 Sec. 10.
524	524	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
525	525	17.2housing assistance for purposes of this paragraph.
526	526	17Article 2 Sec. 10.
527	527	REVISOR AGW/LN 25-0514003/20/25 Page.Ln 1.11RECODIFICATION...............................................................................ARTICLE 1
528	528	Page.Ln 9.3CONFORMING CHANGES.................................................................ARTICLE 2
529	529	1
530	530	APPENDIX
531	531	Article locations for 25-05140 256B.0622 ASSERTIVE COMMUNITY TREATMENT AND INTENSIVE RESIDENTIAL
532	532	TREATMENT SERVICES.
533	533	Subd. 4.Provider entity licensure and contract requirements for intensive residential
534	534	treatment services.(a) The commissioner shall develop procedures for counties and providers to
535	535	submit other documentation as needed to allow the commissioner to determine whether the standards
536	536	in this section are met.
537	537	(b) A provider entity must specify in the provider entity's application what geographic area and
538	538	populations will be served by the proposed program. A provider entity must document that the
539	539	capacity or program specialties of existing programs are not sufficient to meet the service needs of
540	540	the target population. A provider entity must submit evidence of ongoing relationships with other
541	541	providers and levels of care to facilitate referrals to and from the proposed program.
542	542	(c) A provider entity must submit documentation that the provider entity requested a statement
543	543	of need from each county board and tribal authority that serves as a local mental health authority
544	544	in the proposed service area. The statement of need must specify if the local mental health authority
545	545	supports or does not support the need for the proposed program and the basis for this determination.
546	546	If a local mental health authority does not respond within 60 days of the receipt of the request, the
547	547	commissioner shall determine the need for the program based on the documentation submitted by
548	548	the provider entity.
549	549	1R
550	550	APPENDIX
551	551	Repealed Minnesota Statutes: 25-05140