Minnesota 2025 2025-2026 Regular Session

Minnesota Senate Bill SF1953 Engrossed / Bill

Filed 03/17/2025

                    1.1	A bill for an act​
1.2 relating to mental health; modifying the definition of mental illness; making changes​
1.3 to medical assistance transportation reimbursement rates; establishing a grant​
1.4 program for children at risk of bipolar disorder; requiring a report; appropriating​
1.5 money for the children's first episode of psychosis program; amending Minnesota​
1.6 Statutes 2024, sections 245.462, subdivision 20; 245.467, subdivision 4; 245.4711,​
1.7 subdivisions 1, 4; 245.4712, subdivisions 1, 3; 245.4889, subdivision 1; 245I.05,​
1.8 subdivisions 3, 5; 245I.11, subdivision 5; 256B.0625, subdivisions 3b, 17, 20;​
1.9 proposing coding for new law in Minnesota Statutes, chapter 245.​
1.10BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
1.11 Section 1. Minnesota Statutes 2024, section 245.462, subdivision 20, is amended to read:​
1.12 Subd. 20.Mental illness.(a) "Mental illness" means an organic disorder of the brain or​
1.13a clinically significant disorder of thought, mood, perception, orientation, memory, or​
1.14behavior that is detailed in a diagnostic codes list published by the commissioner, and that​
1.15seriously limits a person's capacity to function in primary aspects of daily living such as​
1.16personal relations, living arrangements, work, and recreation.​
1.17 (b) An "adult with acute mental illness" means an adult who has a mental illness that is​
1.18serious enough to require prompt intervention.​
1.19 (c) For purposes of enrolling in case management and community support services, a​
1.20"person with serious and persistent mental illness" means an adult who has a mental illness​
1.21and meets at least one of the following criteria:​
1.22 (1) the adult has undergone two one or more episodes of inpatient, residential, or crisis​
1.23residential care for a mental illness within the preceding 24 12 months;​
1​Section 1.​
S1953-1 1st Engrossment​SF1953 REVISOR DTT​
SENATE​
STATE OF MINNESOTA​
S.F. No. 1953​NINETY-FOURTH SESSION​
(SENATE AUTHORS: MANN)​
OFFICIAL STATUS​D-PG​DATE​
Introduction and first reading​565​02/27/2025​
Referred to Health and Human Services​
Comm report: To pass as amended and re-refer to Human Services​03/17/2025​ 2.1 (2) the adult has experienced a continuous psychiatric hospitalization or residential​
2.2treatment exceeding six months' duration within the preceding 12 months;​
2.3 (3) the adult has been treated by a crisis team two or more times within the preceding​
2.424 months;​
2.5 (4) the adult:​
2.6 (i) has a diagnosis of schizophrenia, bipolar disorder, major depression, schizoaffective​
2.7disorder, posttraumatic stress disorder, generalized anxiety disorder, panic disorder, eating​
2.8disorder, or borderline personality disorder;​
2.9 (ii) indicates a significant impairment in functioning; and​
2.10 (iii) has a written opinion from a mental health professional, in the last three years,​
2.11stating that the adult is reasonably likely to have future episodes requiring inpatient or​
2.12residential treatment, of a frequency described in clause (1) or (2), or the need for in-home​
2.13services to remain in one's home, unless ongoing case management or community support​
2.14services are provided;​
2.15 (5) the adult has, in the last three five years, been committed by a court as a person who​
2.16is mentally ill with a mental illness under chapter 253B, or the adult's commitment has been​
2.17stayed or continued; or​
2.18 (6) the adult (i) was eligible under clauses (1) to (5), but the specified time period has​
2.19expired or the adult was eligible as a child under section 245.4871, subdivision 6; and (ii)​
2.20has a written opinion from a mental health professional, in the last three years, stating that​
2.21the adult is reasonably likely to have future episodes requiring inpatient or residential​
2.22treatment, of a frequency described in clause (1) or (2), unless ongoing case management​
2.23or community support services are provided; or​
2.24 (7) (6) the adult was eligible as a child under section 245.4871, subdivision 6, and is​
2.25age 21 or younger.​
2.26 (d) For purposes of enrolling in case management and community support services, a​
2.27"person with a complex post-traumatic stress disorder" or "C-PTSD" means an adult who​
2.28has a mental illness and meets the following criteria:​
2.29 (1) the adult has post-traumatic stress disorder (PTSD) symptoms that significantly​
2.30interfere with daily functioning related to intergenerational trauma, racial trauma, or​
2.31unresolved historical grief; and​
2​Section 1.​
S1953-1 1st Engrossment​SF1953 REVISOR DTT​ 3.1 (2) the adult has a written opinion from a mental health professional that includes​
3.2documentation of:​
3.3 (i) culturally sensitive assessments or screenings and identification of intergenerational​
3.4trauma, racial trauma, or unresolved historical grief;​
3.5 (ii) significant impairment in functioning due to the PTSD symptoms that meet C-PTSD​
3.6condition eligibility; and​
3.7 (iii) increasing concerns within the last three years that indicates the adult is at a​
3.8reasonable likelihood of experiencing significant episodes of PTSD with increased frequency,​
3.9impacting daily functioning unless mitigated by targeted case management or community​
3.10support services.​
3.11 (e) Adults may continue to receive case management or community support services if,​
3.12in the written opinion of a mental health professional, the person needs case management​
3.13or community support services to maintain the person's recovery.​
3.14 EFFECTIVE DATE.Paragraph (d) is effective upon federal approval. The commissioner​
3.15of human services shall notify the revisor of statutes when federal approval is obtained.​
3.16 Sec. 2. Minnesota Statutes 2024, section 245.467, subdivision 4, is amended to read:​
3.17 Subd. 4.Referral for case management.Each provider of emergency services, day​
3.18treatment services, outpatient treatment, community support services, residential treatment,​
3.19acute care hospital inpatient treatment, or regional treatment center inpatient treatment must​
3.20inform each of its clients with serious and persistent mental illness or a complex​
3.21post-traumatic stress disorder of the availability and potential benefits to the client of case​
3.22management. If the client consents, the provider must refer the client by notifying the county​
3.23employee designated by the county board to coordinate case management activities of the​
3.24client's name and address and by informing the client of whom to contact to request case​
3.25management. The provider must document compliance with this subdivision in the client's​
3.26record.​
3.27 EFFECTIVE DATE.This section is effective upon federal approval. The commissioner​
3.28of human services shall notify the revisor of statutes when federal approval is obtained.​
3.29 Sec. 3. Minnesota Statutes 2024, section 245.4711, subdivision 1, is amended to read:​
3.30 Subdivision 1.Availability of case management services.(a) By January 1, 1989, The​
3.31county board shall provide case management services for all adults with serious and persistent​
3.32mental illness or a complex post-traumatic stress disorder who are residents of the county​
3​Sec. 3.​
S1953-1 1st Engrossment​SF1953 REVISOR DTT​ 4.1and who request or consent to the services and to each adult for whom the court appoints a​
4.2case manager. Staffing ratios must be sufficient to serve the needs of the clients. The case​
4.3manager must meet the requirements in section 245.462, subdivision 4.​
4.4 (b) Case management services provided to adults with serious and persistent mental​
4.5illness or a complex post-traumatic stress disorder eligible for medical assistance must be​
4.6billed to the medical assistance program under sections 256B.02, subdivision 8, and​
4.7256B.0625.​
4.8 (c) Case management services are eligible for reimbursement under the medical assistance​
4.9program. Costs associated with mentoring, supervision, and continuing education may be​
4.10included in the reimbursement rate methodology used for case management services under​
4.11the medical assistance program.​
4.12 EFFECTIVE DATE.This section is effective upon federal approval. The commissioner​
4.13of human services shall notify the revisor of statutes when federal approval is obtained.​
4.14 Sec. 4. Minnesota Statutes 2024, section 245.4711, subdivision 4, is amended to read:​
4.15 Subd. 4.Individual community support plan.(a) The case manager must develop an​
4.16individual community support plan for each adult that incorporates the client's individual​
4.17treatment plan. The individual treatment plan may not be a substitute for the development​
4.18of an individual community support plan. The individual community support plan must be​
4.19developed within 30 days of client intake and reviewed at least every 180 days after it is​
4.20developed, unless the case manager receives a written request from the client or the client's​
4.21family for a review of the plan every 90 days after it is developed. The case manager is​
4.22responsible for developing the individual community support plan based on a diagnostic​
4.23assessment and a functional assessment and for implementing and monitoring the delivery​
4.24of services according to the individual community support plan. To the extent possible, the​
4.25adult with serious and persistent mental illness or a complex post-traumatic stress disorder,​
4.26the person's family, advocates, service providers, and significant others must be involved​
4.27in all phases of development and implementation of the individual community support plan.​
4.28 (b) The client's individual community support plan must state:​
4.29 (1) the goals of each service;​
4.30 (2) the activities for accomplishing each goal;​
4.31 (3) a schedule for each activity; and​
4​Sec. 4.​
S1953-1 1st Engrossment​SF1953 REVISOR DTT​ 5.1 (4) the frequency of face-to-face contacts by the case manager, as appropriate to client​
5.2need and the implementation of the individual community support plan.​
5.3 EFFECTIVE DATE.This section is effective upon federal approval. The commissioner​
5.4of human services shall notify the revisor of statutes when federal approval is obtained.​
5.5 Sec. 5. Minnesota Statutes 2024, section 245.4712, subdivision 1, is amended to read:​
5.6 Subdivision 1.Availability of community support services.(a) County boards must​
5.7provide or contract for sufficient community support services within the county to meet the​
5.8needs of adults with serious and persistent mental illness or a complex post-traumatic stress​
5.9disorder who are residents of the county. Adults may be required to pay a fee according to​
5.10section 245.481. The community support services program must be designed to improve​
5.11the ability of adults with serious and persistent mental illness or a complex post-traumatic​
5.12stress disorder to:​
5.13 (1) find and maintain competitive employment;​
5.14 (2) handle basic activities of daily living;​
5.15 (3) participate in leisure time activities;​
5.16 (4) set goals and plans; and​
5.17 (5) obtain and maintain appropriate living arrangements.​
5.18 The community support services program must also be designed to reduce the need for​
5.19and use of more intensive, costly, or restrictive placements both in number of admissions​
5.20and length of stay.​
5.21 (b) Community support services are those services that are supportive in nature and not​
5.22necessarily treatment oriented, and include:​
5.23 (1) conducting outreach activities such as home visits, health and wellness checks, and​
5.24problem solving;​
5.25 (2) connecting people to resources to meet their basic needs;​
5.26 (3) finding, securing, and supporting people in their housing;​
5.27 (4) attaining and maintaining health insurance benefits;​
5.28 (5) assisting with job applications, finding and maintaining employment, and securing​
5.29a stable financial situation;​
5​Sec. 5.​
S1953-1 1st Engrossment​SF1953 REVISOR DTT​ 6.1 (6) fostering social support, including support groups, mentoring, peer support, and other​
6.2efforts to prevent isolation and promote recovery; and​
6.3 (7) educating about mental illness, treatment, and recovery.​
6.4 (c) Community support services shall use all available funding streams. The county shall​
6.5maintain the level of expenditures for this program, as required under section 245.4835.​
6.6County boards must continue to provide funds for those services not covered by other​
6.7funding streams and to maintain an infrastructure to carry out these services. The county is​
6.8encouraged to fund evidence-based practices such as Individual Placement and Supported​
6.9Employment and Illness Management and Recovery.​
6.10 (d) The commissioner shall collect data on community support services programs,​
6.11including, but not limited to, demographic information such as age, sex, race, the number​
6.12of people served, and information related to housing, employment, hospitalization, symptoms,​
6.13and satisfaction with services.​
6.14 EFFECTIVE DATE.This section is effective upon federal approval. The commissioner​
6.15of human services shall notify the revisor of statutes when federal approval is obtained.​
6.16 Sec. 6. Minnesota Statutes 2024, section 245.4712, subdivision 3, is amended to read:​
6.17 Subd. 3.Benefits assistance.The county board must offer to help adults with serious​
6.18and persistent mental illness or a complex post-traumatic stress disorder in applying for​
6.19state and federal benefits, including Supplemental Security Income, medical assistance,​
6.20Medicare, general assistance, and Minnesota supplemental aid. The help must be offered​
6.21as part of the community support program available to adults with serious and persistent​
6.22mental illness or a complex post-traumatic stress disorder for whom the county is financially​
6.23responsible and who may qualify for these benefits.​
6.24 Sec. 7. Minnesota Statutes 2024, section 245.4889, subdivision 1, is amended to read:​
6.25 Subdivision 1.Establishment and authority.(a) The commissioner is authorized to​
6.26make grants from available appropriations to assist:​
6.27 (1) counties;​
6.28 (2) Indian tribes;​
6.29 (3) children's collaboratives under section 142D.15 or 245.493; or​
6.30 (4) mental health service providers.​
6.31 (b) The following services are eligible for grants under this section:​
6​Sec. 7.​
S1953-1 1st Engrossment​SF1953 REVISOR DTT​ 7.1 (1) services to children with emotional disturbances as defined in section 245.4871,​
7.2subdivision 15, and their families;​
7.3 (2) transition services under section 245.4875, subdivision 8, for young adults under​
7.4age 21 and their families;​
7.5 (3) respite care services for children with emotional disturbances or severe emotional​
7.6disturbances who are at risk of residential treatment or hospitalization, who are already in​
7.7out-of-home placement in family foster settings as defined in chapter 142B and at risk of​
7.8change in out-of-home placement or placement in a residential facility or other higher level​
7.9of care, who have utilized crisis services or emergency room services, or who have​
7.10experienced a loss of in-home staffing support. Allowable activities and expenses for respite​
7.11care services are defined under subdivision 4. A child is not required to have case​
7.12management services to receive respite care services. Counties must work to provide access​
7.13to regularly scheduled respite care;​
7.14 (4) children's mental health crisis services;​
7.15 (5) child-, youth-, and family-specific mobile response and stabilization services models;​
7.16 (6) mental health services for people from cultural and ethnic minorities, including​
7.17supervision of clinical trainees who are Black, indigenous, or people of color;​
7.18 (7) children's mental health screening and follow-up diagnostic assessment and treatment;​
7.19 (8) services to promote and develop the capacity of providers to use evidence-based​
7.20practices in providing children's mental health services;​
7.21 (9) school-linked mental health services under section 245.4901;​
7.22 (10) building evidence-based mental health intervention capacity for children birth to​
7.23age five;​
7.24 (11) suicide prevention and counseling services that use text messaging statewide;​
7.25 (12) mental health first aid training;​
7.26 (13) training for parents, collaborative partners, and mental health providers on the​
7.27impact of adverse childhood experiences and trauma and development of an interactive​
7.28website to share information and strategies to promote resilience and prevent trauma;​
7.29 (14) transition age services to develop or expand mental health treatment and supports​
7.30for adolescents and young adults 26 years of age or younger;​
7.31 (15) early childhood mental health consultation;​
7​Sec. 7.​
S1953-1 1st Engrossment​SF1953 REVISOR DTT​ 8.1 (16) evidence-based interventions for youth at risk of developing or experiencing a first​
8.2episode of psychosis, and a public awareness campaign on the signs and symptoms of​
8.3psychosis;​
8.4 (17) psychiatric consultation for primary care practitioners; and​
8.5 (18) providers to begin operations and meet program requirements when establishing a​
8.6new children's mental health program. These may be start-up grants; and​
8.7 (19) evidence-based interventions for youth and young adults at risk of developing or​
8.8experiencing an early episode of bipolar disorder.​
8.9 (c) Services under paragraph (b) must be designed to help each child to function and​
8.10remain with the child's family in the community and delivered consistent with the child's​
8.11treatment plan. Transition services to eligible young adults under this paragraph must be​
8.12designed to foster independent living in the community.​
8.13 (d) As a condition of receiving grant funds, a grantee shall obtain all available third-party​
8.14reimbursement sources, if applicable.​
8.15 (e) The commissioner may establish and design a pilot program to expand the mobile​
8.16response and stabilization services model for children, youth, and families. The commissioner​
8.17may use grant funding to consult with a qualified expert entity to assist in the formulation​
8.18of measurable outcomes and explore and position the state to submit a Medicaid state plan​
8.19amendment to scale the model statewide.​
8.20 Sec. 8. [245.4904] EARLY EPISODE OF BIPOLAR DISORDER GRANT​
8.21PROGRAM.​
8.22 Subdivision 1.Establishment.The commissioner of human services must establish an​
8.23early episode of bipolar disorder grant program within the department to fund evidence-based​
8.24interventions for youth and young adults at risk of developing or experiencing an early​
8.25episode of bipolar disorder.​
8.26 Subd. 2.Definitions.For the purposes of this section, "youth and young adults" means​
8.27individuals who are 15 years of age or older and under 41 years of age.​
8.28 Subd. 3.Activities.(a) All grantees must:​
8.29 (1) provide intensive treatment and support for youth and young adults experiencing or​
8.30at risk of experiencing early episodes of bipolar disorder. Intensive treatment and support​
8.31may include medication management, psychoeducation for an individual and the individual's​
8.32family, case management, employment support, education support, cognitive behavioral​
8​Sec. 8.​
S1953-1 1st Engrossment​SF1953 REVISOR DTT​ 9.1approaches, social skills training, peer and family peer support, crisis planning, and stress​
9.2management;​
9.3 (2) conduct outreach and provide training and guidance to mental health and health care​
9.4professionals, including postsecondary health clinicians, on bipolar disorder symptoms,​
9.5screening tools, the early episode of bipolar disorder grant program, and best practices; and​
9.6 (3) use all available funding streams.​
9.7 (b) Grant money may be used to pay for housing or travel expenses for individuals​
9.8receiving services or to address other barriers that prevent individuals and their families​
9.9from participating in early episode of bipolar disorder services.​
9.10 (c) Program activities must only be provided to youth and young adults experiencing​
9.11bipolar disorder or early episodes of bipolar disorder.​
9.12 Subd. 4.Outcomes and report.(a) The commissioner must annually evaluate the early​
9.13episode of bipolar grant program.​
9.14 (b) The evaluation must utilize evidence-based practices and must include the following​
9.15outcome evaluation criteria:​
9.16 (1) whether individuals experience a reduction in symptoms;​
9.17 (2) whether individuals experience a decrease in inpatient mental health hospitalizations​
9.18or interactions with the criminal justice system; and​
9.19 (3) whether individuals experience an increase in educational attainment or employment.​
9.20 (c) By July 1, 2026, and every July 1 thereafter, the commissioner must provide a report​
9.21to the chairs and ranking minority members of the legislative committees with jurisdiction​
9.22over mental health, along with the chairs and ranking minority members of the senate finance​
9.23committee and house of representatives ways and means committee. The report must include​
9.24the number of grantees receiving funds under this section, the number of individuals served​
9.25under this section, data from the evaluation conducted under this subdivision, and information​
9.26on the use of state and federal funds for the services provided under this section.​
9.27 Subd. 5.Funding.Early episode of bipolar disorder services are eligible for children's​
9.28mental health grants as specified in section 245.4889, subdivision 1, paragraph (b), clause​
9.29(19).​
9.30 Subd. 6.Federal aid or grants.The commissioner of human services must comply with​
9.31all conditions and requirements necessary to receive federal aid or grants.​
9​Sec. 8.​
S1953-1 1st Engrossment​SF1953 REVISOR DTT​ 10.1 Sec. 9. Minnesota Statutes 2024, section 245I.05, subdivision 3, is amended to read:​
10.2 Subd. 3.Initial training.(a) A staff person must receive training about:​
10.3 (1) vulnerable adult maltreatment under section 245A.65, subdivision 3; and​
10.4 (2) the maltreatment of minor reporting requirements and definitions in chapter 260E​
10.5within 72 hours of first providing direct contact services to a client.​
10.6 (b) Before providing direct contact services to a client, a staff person must receive training​
10.7about:​
10.8 (1) client rights and protections under section 245I.12;​
10.9 (2) the Minnesota Health Records Act, including client confidentiality, family engagement​
10.10under section 144.294, and client privacy;​
10.11 (3) emergency procedures that the staff person must follow when responding to a fire,​
10.12inclement weather, a report of a missing person, and a behavioral or medical emergency;​
10.13 (4) specific activities and job functions for which the staff person is responsible, including​
10.14the license holder's program policies and procedures applicable to the staff person's position;​
10.15 (5) professional boundaries that the staff person must maintain; and​
10.16 (6) specific needs of each client to whom the staff person will be providing direct contact​
10.17services, including each client's developmental status, cognitive functioning, and physical​
10.18and mental abilities.​
10.19 (c) Before providing direct contact services to a client, a mental health rehabilitation​
10.20worker, mental health behavioral aide, or mental health practitioner required to receive the​
10.21training according to section 245I.04, subdivision 4, must receive 30 hours of training about:​
10.22 (1) mental illnesses;​
10.23 (2) client recovery and resiliency;​
10.24 (3) mental health de-escalation techniques;​
10.25 (4) co-occurring mental illness and substance use disorders; and​
10.26 (5) psychotropic medications and medication side effects, including tardive dyskinesia.​
10.27 (d) Within 90 days of first providing direct contact services to an adult client, mental​
10.28health practitioner, mental health certified peer specialist, or mental health rehabilitation​
10.29worker must receive training about:​
10.30 (1) trauma-informed care and secondary trauma;​
10​Sec. 9.​
S1953-1 1st Engrossment​SF1953 REVISOR DTT​ 11.1 (2) person-centered individual treatment plans, including seeking partnerships with​
11.2family and other natural supports;​
11.3 (3) co-occurring substance use disorders; and​
11.4 (4) culturally responsive treatment practices.​
11.5 (e) Within 90 days of first providing direct contact services to a child client, mental​
11.6health practitioner, mental health certified family peer specialist, mental health certified​
11.7peer specialist, or mental health behavioral aide must receive training about the topics in​
11.8clauses (1) to (5). This training must address the developmental characteristics of each child​
11.9served by the license holder and address the needs of each child in the context of the child's​
11.10family, support system, and culture. Training topics must include:​
11.11 (1) trauma-informed care and secondary trauma, including adverse childhood experiences​
11.12(ACEs);​
11.13 (2) family-centered treatment plan development, including seeking partnership with a​
11.14child client's family and other natural supports;​
11.15 (3) mental illness and co-occurring substance use disorders in family systems;​
11.16 (4) culturally responsive treatment practices; and​
11.17 (5) child development, including cognitive functioning, and physical and mental abilities.​
11.18 (f) For a mental health behavioral aide, the training under paragraph (e) must include​
11.19parent team training using a curriculum approved by the commissioner.​
11.20Sec. 10. Minnesota Statutes 2024, section 245I.05, subdivision 5, is amended to read:​
11.21 Subd. 5.Additional training for medication administration.(a) Prior to administering​
11.22medications to a client under delegated authority or observing a client self-administer​
11.23medications, a staff person who is not a licensed prescriber, registered nurse, or licensed​
11.24practical nurse qualified under section 148.171, subdivision 8, must receive training about​
11.25psychotropic medications, side effects including tardive dyskinesia, and medication​
11.26management.​
11.27 (b) Prior to administering medications to a client under delegated authority, a staff person​
11.28must successfully complete a:​
11.29 (1) medication administration training program for unlicensed personnel through an​
11.30accredited Minnesota postsecondary educational institution with completion of the course​
11.31documented in writing and placed in the staff person's personnel file; or​
11​Sec. 10.​
S1953-1 1st Engrossment​SF1953 REVISOR DTT​ 12.1 (2) formalized training program taught by a registered nurse or licensed prescriber that​
12.2is offered by the license holder. A staff person's successful completion of the formalized​
12.3training program must include direct observation of the staff person to determine the staff​
12.4person's areas of competency.​
12.5 Sec. 11. Minnesota Statutes 2024, section 245I.11, subdivision 5, is amended to read:​
12.6 Subd. 5.Medication administration in residential programs.If a license holder is​
12.7licensed as a residential program, the license holder must:​
12.8 (1) assess and document each client's ability to self-administer medication. In the​
12.9assessment, the license holder must evaluate the client's ability to: (i) comply with prescribed​
12.10medication regimens; and (ii) store the client's medications safely and in a manner that​
12.11protects other individuals in the facility. Through the assessment process, the license holder​
12.12must assist the client in developing the skills necessary to safely self-administer medication;​
12.13 (2) monitor the effectiveness of medications, side effects of medications, and adverse​
12.14reactions to medications, including symptoms and signs of tardive dyskinesia, for each​
12.15client. The license holder must address and document any concerns about a client's​
12.16medications;​
12.17 (3) ensure that no staff person or client gives a legend drug supply for one client to​
12.18another client;​
12.19 (4) have policies and procedures for: (i) keeping a record of each client's medication​
12.20orders; (ii) keeping a record of any incident of deferring a client's medications; (iii)​
12.21documenting any incident when a client's medication is omitted; and (iv) documenting when​
12.22a client refuses to take medications as prescribed; and​
12.23 (5) document and track medication errors, document whether the license holder notified​
12.24anyone about the medication error, determine if the license holder must take any follow-up​
12.25actions, and identify the staff persons who are responsible for taking follow-up actions.​
12.26Sec. 12. Minnesota Statutes 2024, section 256B.0625, subdivision 3b, is amended to read:​
12.27 Subd. 3b.Telehealth services.(a) Medical assistance covers medically necessary services​
12.28and consultations delivered by a health care provider through telehealth in the same manner​
12.29as if the service or consultation was delivered through in-person contact. Services or​
12.30consultations delivered through telehealth shall be paid at the full allowable rate.​
12​Sec. 12.​
S1953-1 1st Engrossment​SF1953 REVISOR DTT​ 13.1 (b) The commissioner may establish criteria that a health care provider must attest to in​
13.2order to demonstrate the safety or efficacy of delivering a particular service through​
13.3telehealth. The attestation may include that the health care provider:​
13.4 (1) has identified the categories or types of services the health care provider will provide​
13.5through telehealth;​
13.6 (2) has written policies and procedures specific to services delivered through telehealth​
13.7that are regularly reviewed and updated;​
13.8 (3) has policies and procedures that adequately address patient safety before, during,​
13.9and after the service is delivered through telehealth;​
13.10 (4) has established protocols addressing how and when to discontinue telehealth services;​
13.11and​
13.12 (5) has an established quality assurance process related to delivering services through​
13.13telehealth.​
13.14 (c) As a condition of payment, a licensed health care provider must document each​
13.15occurrence of a health service delivered through telehealth to a medical assistance enrollee.​
13.16Health care service records for services delivered through telehealth must meet the​
13.17requirements set forth in Minnesota Rules, part 9505.2175, subparts 1 and 2, and must​
13.18document:​
13.19 (1) the type of service delivered through telehealth;​
13.20 (2) the time the service began and the time the service ended, including an a.m. and p.m.​
13.21designation;​
13.22 (3) the health care provider's basis for determining that telehealth is an appropriate and​
13.23effective means for delivering the service to the enrollee;​
13.24 (4) the mode of transmission used to deliver the service through telehealth and records​
13.25evidencing that a particular mode of transmission was utilized;​
13.26 (5) the location of the originating site and the distant site;​
13.27 (6) if the claim for payment is based on a physician's consultation with another physician​
13.28through telehealth, the written opinion from the consulting physician providing the telehealth​
13.29consultation; and​
13.30 (7) compliance with the criteria attested to by the health care provider in accordance​
13.31with paragraph (b).​
13​Sec. 12.​
S1953-1 1st Engrossment​SF1953 REVISOR DTT​ 14.1 (d) Telehealth visits provided through audio and visual communication or accessible​
14.2video-based platforms may be used to satisfy the face-to-face requirement for reimbursement​
14.3under the payment methods that apply to a federally qualified health center, rural health​
14.4clinic, Indian health service, 638 tribal clinic, and certified community behavioral health​
14.5clinic, if the service would have otherwise qualified for payment if performed in person.​
14.6 (e) For purposes of this subdivision, unless otherwise covered under this chapter:​
14.7 (1) "telehealth" means the delivery of health care services or consultations using real-time​
14.8two-way interactive audio and visual communication or accessible telehealth video-based​
14.9platforms to provide or support health care delivery and facilitate the assessment, diagnosis,​
14.10consultation, treatment, education, and care management of a patient's health care. Telehealth​
14.11includes: the application of secure video conferencing consisting of a real-time, full-motion​
14.12synchronized video; store-and-forward technology; and synchronous interactions, between​
14.13a patient located at an originating site and a health care provider located at a distant site.​
14.14Telehealth does not include communication between health care providers, or between a​
14.15health care provider and a patient that consists solely of an audio-only communication,​
14.16email, or facsimile transmission or as specified by law, except that between January 1, 2026,​
14.17and January 1, 2029, telehealth includes communication between a health care provider and​
14.18a patient that solely consists of audio-only communication;​
14.19 (2) "health care provider" means a health care provider as defined under section 62A.673;​
14.20a community paramedic as defined under section 144E.001, subdivision 5f; a community​
14.21health worker who meets the criteria under subdivision 49, paragraph (a); a mental health​
14.22certified peer specialist under section 245I.04, subdivision 10; a mental health certified​
14.23family peer specialist under section 245I.04, subdivision 12; a mental health rehabilitation​
14.24worker under section 245I.04, subdivision 14; a mental health behavioral aide under section​
14.25245I.04, subdivision 16; a treatment coordinator under section 245G.11, subdivision 7; an​
14.26alcohol and drug counselor under section 245G.11, subdivision 5; or a recovery peer under​
14.27section 245G.11, subdivision 8; and​
14.28 (3) "originating site," "distant site," and "store-and-forward technology" have the​
14.29meanings given in section 62A.673, subdivision 2.​
14.30 EFFECTIVE DATE.This section is effective January 1, 2026, or upon federal approval,​
14.31whichever is later. The commissioner of human services shall notify the revisor of statutes​
14.32when federal approval is obtained.​
14​Sec. 12.​
S1953-1 1st Engrossment​SF1953 REVISOR DTT​ 15.1 Sec. 13. Minnesota Statutes 2024, section 256B.0625, subdivision 17, is amended to read:​
15.2 Subd. 17.Transportation costs.(a) "Nonemergency medical transportation service"​
15.3means motor vehicle transportation provided by a public or private person that serves​
15.4Minnesota health care program beneficiaries who do not require emergency ambulance​
15.5service, as defined in section 144E.001, subdivision 3, to obtain covered medical services.​
15.6 (b) For purposes of this subdivision, "rural urban commuting area" or "RUCA" means​
15.7a census-tract based classification system under which a geographical area is determined​
15.8to be urban, rural, or super rural.​
15.9 (c) Medical assistance covers medical transportation costs incurred solely for obtaining​
15.10emergency medical care or transportation costs incurred by eligible persons in obtaining​
15.11emergency or nonemergency medical care when paid directly to an ambulance company,​
15.12nonemergency medical transportation company, or other recognized providers of​
15.13transportation services. Medical transportation must be provided by:​
15.14 (1) nonemergency medical transportation providers who meet the requirements of this​
15.15subdivision;​
15.16 (2) ambulances, as defined in section 144E.001, subdivision 2;​
15.17 (3) taxicabs that meet the requirements of this subdivision;​
15.18 (4) public transportation, within the meaning of "public transportation" as defined in​
15.19section 174.22, subdivision 7; or​
15.20 (5) not-for-hire vehicles, including volunteer drivers, as defined in section 65B.472,​
15.21subdivision 1, paragraph (p).​
15.22 (d) Medical assistance covers nonemergency medical transportation provided by​
15.23nonemergency medical transportation providers enrolled in the Minnesota health care​
15.24programs. All nonemergency medical transportation providers must comply with the​
15.25operating standards for special transportation service as defined in sections 174.29 to 174.30​
15.26and Minnesota Rules, chapter 8840, and all drivers must be individually enrolled with the​
15.27commissioner and reported on the claim as the individual who provided the service. All​
15.28nonemergency medical transportation providers shall bill for nonemergency medical​
15.29transportation services in accordance with Minnesota health care programs criteria. Publicly​
15.30operated transit systems, volunteers, and not-for-hire vehicles are exempt from the​
15.31requirements outlined in this paragraph.​
15.32 (e) An organization may be terminated, denied, or suspended from enrollment if:​
15​Sec. 13.​
S1953-1 1st Engrossment​SF1953 REVISOR DTT​ 16.1 (1) the provider has not initiated background studies on the individuals specified in​
16.2section 174.30, subdivision 10, paragraph (a), clauses (1) to (3); or​
16.3 (2) the provider has initiated background studies on the individuals specified in section​
16.4174.30, subdivision 10, paragraph (a), clauses (1) to (3), and:​
16.5 (i) the commissioner has sent the provider a notice that the individual has been​
16.6disqualified under section 245C.14; and​
16.7 (ii) the individual has not received a disqualification set-aside specific to the special​
16.8transportation services provider under sections 245C.22 and 245C.23.​
16.9 (f) The administrative agency of nonemergency medical transportation must:​
16.10 (1) adhere to the policies defined by the commissioner;​
16.11 (2) pay nonemergency medical transportation providers for services provided to​
16.12Minnesota health care programs beneficiaries to obtain covered medical services;​
16.13 (3) provide data monthly to the commissioner on appeals, complaints, no-shows, canceled​
16.14trips, and number of trips by mode; and​
16.15 (4) by July 1, 2016, in accordance with subdivision 18e, utilize a web-based single​
16.16administrative structure assessment tool that meets the technical requirements established​
16.17by the commissioner, reconciles trip information with claims being submitted by providers,​
16.18and ensures prompt payment for nonemergency medical transportation services.​
16.19 (g) Until the commissioner implements the single administrative structure and delivery​
16.20system under subdivision 18e, clients shall obtain their level-of-service certificate from the​
16.21commissioner or an entity approved by the commissioner that does not dispatch rides for​
16.22clients using modes of transportation under paragraph (l), clauses (4), (5), (6), and (7).​
16.23 (h) The commissioner may use an order by the recipient's attending physician, advanced​
16.24practice registered nurse, physician assistant, or a medical or mental health professional to​
16.25certify that the recipient requires nonemergency medical transportation services.​
16.26Nonemergency medical transportation providers shall perform driver-assisted services for​
16.27eligible individuals, when appropriate. Driver-assisted service includes passenger pickup​
16.28at and return to the individual's residence or place of business, assistance with admittance​
16.29of the individual to the medical facility, and assistance in passenger securement or in securing​
16.30of wheelchairs, child seats, or stretchers in the vehicle.​
16.31 (i) Nonemergency medical transportation providers must take clients to the health care​
16.32provider using the most direct route, and must not exceed 30 miles for a trip to a primary​
16​Sec. 13.​
S1953-1 1st Engrossment​SF1953 REVISOR DTT​ 17.1care provider or 60 miles for a trip to a specialty care provider, unless the client receives​
17.2authorization from the local agency.​
17.3 (j) Nonemergency medical transportation providers may not bill for separate base rates​
17.4for the continuation of a trip beyond the original destination. Nonemergency medical​
17.5transportation providers must maintain trip logs, which include pickup and drop-off times,​
17.6signed by the medical provider or client, whichever is deemed most appropriate, attesting​
17.7to mileage traveled to obtain covered medical services. Clients requesting client mileage​
17.8reimbursement must sign the trip log attesting mileage traveled to obtain covered medical​
17.9services.​
17.10 (k) The administrative agency shall use the level of service process established by the​
17.11commissioner to determine the client's most appropriate mode of transportation. If public​
17.12transit or a certified transportation provider is not available to provide the appropriate service​
17.13mode for the client, the client may receive a onetime service upgrade.​
17.14 (l) The covered modes of transportation are:​
17.15 (1) client reimbursement, which includes client mileage reimbursement provided to​
17.16clients who have their own transportation, or to family or an acquaintance who provides​
17.17transportation to the client;​
17.18 (2) volunteer transport, which includes transportation by volunteers using their own​
17.19vehicle;​
17.20 (3) unassisted transport, which includes transportation provided to a client by a taxicab​
17.21or public transit. If a taxicab or public transit is not available, the client can receive​
17.22transportation from another nonemergency medical transportation provider;​
17.23 (4) assisted transport, which includes transport provided to clients who require assistance​
17.24by a nonemergency medical transportation provider;​
17.25 (5) lift-equipped/ramp transport, which includes transport provided to a client who is​
17.26dependent on a device and requires a nonemergency medical transportation provider with​
17.27a vehicle containing a lift or ramp;​
17.28 (6) protected transport, which includes transport provided to a client who has received​
17.29a prescreening that has deemed other forms of transportation inappropriate and who requires​
17.30a provider: (i) with a protected vehicle that is not an ambulance or police car and has safety​
17.31locks, a video recorder, and a transparent thermoplastic partition between the passenger and​
17.32the vehicle driver; and (ii) who is certified as a protected transport provider; and​
17​Sec. 13.​
S1953-1 1st Engrossment​SF1953 REVISOR DTT​ 18.1 (7) stretcher transport, which includes transport for a client in a prone or supine position​
18.2and requires a nonemergency medical transportation provider with a vehicle that can transport​
18.3a client in a prone or supine position.​
18.4 (m) The local agency shall be the single administrative agency and shall administer and​
18.5reimburse for modes defined in paragraph (l) according to paragraphs (p) and (q) when the​
18.6commissioner has developed, made available, and funded the web-based single administrative​
18.7structure, assessment tool, and level of need assessment under subdivision 18e. The local​
18.8agency's financial obligation is limited to funds provided by the state or federal government.​
18.9 (n) The commissioner shall:​
18.10 (1) verify that the mode and use of nonemergency medical transportation is appropriate;​
18.11 (2) verify that the client is going to an approved medical appointment; and​
18.12 (3) investigate all complaints and appeals.​
18.13 (o) The administrative agency shall pay for the services provided in this subdivision and​
18.14seek reimbursement from the commissioner, if appropriate. As vendors of medical care,​
18.15local agencies are subject to the provisions in section 256B.041, the sanctions and monetary​
18.16recovery actions in section 256B.064, and Minnesota Rules, parts 9505.2160 to 9505.2245.​
18.17 (p) Payments for nonemergency medical transportation must be paid based on the client's​
18.18assessed mode under paragraph (k), not the type of vehicle used to provide the service. The​
18.19medical assistance reimbursement rates for nonemergency medical transportation services​
18.20that are payable by or on behalf of the commissioner for nonemergency medical​
18.21transportation services are:​
18.22 (1) $0.22 per mile for client reimbursement;​
18.23 (2) up to 100 percent of the Internal Revenue Service business deduction rate for volunteer​
18.24transport;​
18.25 (3) equivalent to the standard fare for unassisted transport when provided by public​
18.26transit, and $12.10 for the base rate and $1.43 per mile when provided by a nonemergency​
18.27medical transportation provider;​
18.28 (4) $14.30 for the base rate and $1.43 per mile for assisted transport;​
18.29 (5) $19.80 for the base rate and $1.70 per mile for lift-equipped/ramp transport;​
18.30 (6) $75 for the base rate for the first 100 miles and an additional $75 for trips over 100​
18.31miles and $2.40 per mile for protected transport; and​
18​Sec. 13.​
S1953-1 1st Engrossment​SF1953 REVISOR DTT​ 19.1 (7) $60 for the base rate and $2.40 per mile for stretcher transport, and $9 per trip for​
19.2an additional attendant if deemed medically necessary.​
19.3 (q) The base rate for nonemergency medical transportation services in areas defined​
19.4under RUCA to be super rural is equal to 111.3 percent of the respective base rate in​
19.5paragraph (p), clauses (1) to (7). The mileage rate for nonemergency medical transportation​
19.6services in areas defined under RUCA to be rural or super rural areas is:​
19.7 (1) for a trip equal to 17 miles or less, equal to 125 percent of the respective mileage​
19.8rate in paragraph (p), clauses (1) to (7); and​
19.9 (2) for a trip between 18 and 50 miles, equal to 112.5 percent of the respective mileage​
19.10rate in paragraph (p), clauses (1) to (7).​
19.11 (r) For purposes of reimbursement rates for nonemergency medical transportation services​
19.12under paragraphs (p) and (q), the zip code of the recipient's place of residence shall determine​
19.13whether the urban, rural, or super rural reimbursement rate applies.​
19.14 (s) The commissioner, when determining reimbursement rates for nonemergency medical​
19.15transportation under paragraphs (p) and (q), shall exempt all modes of transportation listed​
19.16under paragraph (l) from Minnesota Rules, part 9505.0445, item R, subitem (2).​
19.17 (t) Effective for the first day of each calendar quarter in which the price of gasoline as​
19.18posted publicly by the United States Energy Information Administration exceeds $3.00 per​
19.19gallon, the commissioner shall adjust the rate paid per mile in paragraph (p) by one percent​
19.20up or down for every increase or decrease of ten cents for the price of gasoline. The increase​
19.21or decrease must be calculated using a base gasoline price of $3.00. The percentage increase​
19.22or decrease must be calculated using the average of the most recently available price of all​
19.23grades of gasoline for Minnesota as posted publicly by the United States Energy Information​
19.24Administration.​
19.25Sec. 14. Minnesota Statutes 2024, section 256B.0625, subdivision 20, is amended to read:​
19.26 Subd. 20.Mental health case management.(a) To the extent authorized by rule of the​
19.27state agency, medical assistance covers case management services to persons with serious​
19.28and persistent mental illness, persons with a complex post-traumatic stress disorder, and​
19.29children with severe emotional disturbance. Services provided under this section must meet​
19.30the relevant standards in sections 245.461 to 245.4887, the Comprehensive Adult and​
19.31Children's Mental Health Acts, Minnesota Rules, parts 9520.0900 to 9520.0926, and​
19.329505.0322, excluding subpart 10.​
19​Sec. 14.​
S1953-1 1st Engrossment​SF1953 REVISOR DTT​ 20.1 (b) Entities meeting program standards set out in rules governing family community​
20.2support services as defined in section 245.4871, subdivision 17, are eligible for medical​
20.3assistance reimbursement for case management services for children with severe emotional​
20.4disturbance when these services meet the program standards in Minnesota Rules, parts​
20.59520.0900 to 9520.0926 and 9505.0322, excluding subparts 6 and 10.​
20.6 (c) Medical assistance and MinnesotaCare payment for mental health case management​
20.7shall be made on a monthly basis. In order to receive payment for an eligible child, the​
20.8provider must document at least a face-to-face contact either in person or by interactive​
20.9video that meets the requirements of subdivision 20b with the child, the child's parents, or​
20.10the child's legal representative. To receive payment for an eligible adult, the provider must​
20.11document:​
20.12 (1) at least a face-to-face contact with the adult or the adult's legal representative either​
20.13in person or by interactive video that meets the requirements of subdivision 20b; or​
20.14 (2) at least a telephone contact with the adult or the adult's legal representative and​
20.15document a face-to-face contact either in person or by interactive video that meets the​
20.16requirements of subdivision 20b with the adult or the adult's legal representative within the​
20.17preceding two months.​
20.18 (d) Payment for mental health case management provided by county or state staff shall​
20.19be based on the monthly rate methodology under section 256B.094, subdivision 6, paragraph​
20.20(b), with separate rates calculated for child welfare and mental health, and within mental​
20.21health, separate rates for children and adults.​
20.22 (e) Payment for mental health case management provided by Indian health services or​
20.23by agencies operated by Indian tribes may be made according to this section or other relevant​
20.24federally approved rate setting methodology.​
20.25 (f) Payment for mental health case management provided by vendors who contract with​
20.26a county must be calculated in accordance with section 256B.076, subdivision 2. Payment​
20.27for mental health case management provided by vendors who contract with a Tribe must​
20.28be based on a monthly rate negotiated by the Tribe. The rate must not exceed the rate charged​
20.29by the vendor for the same service to other payers. If the service is provided by a team of​
20.30contracted vendors, the team shall determine how to distribute the rate among its members.​
20.31No reimbursement received by contracted vendors shall be returned to the county or tribe,​
20.32except to reimburse the county or tribe for advance funding provided by the county or tribe​
20.33to the vendor.​
20​Sec. 14.​
S1953-1 1st Engrossment​SF1953 REVISOR DTT​ 21.1 (g) If the service is provided by a team which includes contracted vendors, tribal staff,​
21.2and county or state staff, the costs for county or state staff participation in the team shall be​
21.3included in the rate for county-provided services. In this case, the contracted vendor, the​
21.4tribal agency, and the county may each receive separate payment for services provided by​
21.5each entity in the same month. In order to prevent duplication of services, each entity must​
21.6document, in the recipient's file, the need for team case management and a description of​
21.7the roles of the team members.​
21.8 (h) Notwithstanding section 256B.19, subdivision 1, the nonfederal share of costs for​
21.9mental health case management shall be provided by the recipient's county of responsibility,​
21.10as defined in sections 256G.01 to 256G.12, from sources other than federal funds or funds​
21.11used to match other federal funds. If the service is provided by a tribal agency, the nonfederal​
21.12share, if any, shall be provided by the recipient's tribe. When this service is paid by the state​
21.13without a federal share through fee-for-service, 50 percent of the cost shall be provided by​
21.14the recipient's county of responsibility.​
21.15 (i) Notwithstanding any administrative rule to the contrary, prepaid medical assistance​
21.16and MinnesotaCare include mental health case management. When the service is provided​
21.17through prepaid capitation, the nonfederal share is paid by the state and the county pays no​
21.18share.​
21.19 (j) The commissioner may suspend, reduce, or terminate the reimbursement to a provider​
21.20that does not meet the reporting or other requirements of this section. The county of​
21.21responsibility, as defined in sections 256G.01 to 256G.12, or, if applicable, the tribal agency,​
21.22is responsible for any federal disallowances. The county or tribe may share this responsibility​
21.23with its contracted vendors.​
21.24 (k) The commissioner shall set aside a portion of the federal funds earned for county​
21.25expenditures under this section to repay the special revenue maximization account under​
21.26section 256.01, subdivision 2, paragraph (n). The repayment is limited to:​
21.27 (1) the costs of developing and implementing this section; and​
21.28 (2) programming the information systems.​
21.29 (l) Payments to counties and tribal agencies for case management expenditures under​
21.30this section shall only be made from federal earnings from services provided under this​
21.31section. When this service is paid by the state without a federal share through fee-for-service,​
21.3250 percent of the cost shall be provided by the state. Payments to county-contracted vendors​
21.33shall include the federal earnings, the state share, and the county share.​
21​Sec. 14.​
S1953-1 1st Engrossment​SF1953 REVISOR DTT​ 22.1 (m) Case management services under this subdivision do not include therapy, treatment,​
22.2legal, or outreach services.​
22.3 (n) If the recipient is a resident of a nursing facility, intermediate care facility, or hospital,​
22.4and the recipient's institutional care is paid by medical assistance, payment for case​
22.5management services under this subdivision is limited to the lesser of:​
22.6 (1) the last 180 days of the recipient's residency in that facility and may not exceed more​
22.7than six months in a calendar year; or​
22.8 (2) the limits and conditions which apply to federal Medicaid funding for this service.​
22.9 (o) Payment for case management services under this subdivision shall not duplicate​
22.10payments made under other program authorities for the same purpose.​
22.11 (p) If the recipient is receiving care in a hospital, nursing facility, or residential setting​
22.12licensed under chapter 245A or 245D that is staffed 24 hours a day, seven days a week,​
22.13mental health targeted case management services must actively support identification of​
22.14community alternatives for the recipient and discharge planning.​
22.15 EFFECTIVE DATE.This section is effective upon federal approval. The commissioner​
22.16of human services shall notify the revisor of statutes when federal approval is obtained.​
22.17Sec. 15. APPROPRIATION; EARLY EPISODE OF BIPOLAR DISORDER GRANT​
22.18PROGRAM.​
22.19 $....... in fiscal year 2026 and $....... in fiscal year 2027 are appropriated from the general​
22.20fund to the commissioner of human services for the early episode of bipolar disorder grant​
22.21program under Minnesota Statutes, section 245.4904.​
22.22Sec. 16. APPROPRIATION; FIRST EPISODE OF PSYCHOSIS GRANT​
22.23PROGRAM.​
22.24 (a) $....... in fiscal year 2026 and $....... in fiscal year 2027 are appropriated from the​
22.25general fund to the commissioner of human services for the first episode of psychosis grant​
22.26program under Minnesota Statutes, section 245.4905. This amount is added to the base.​
22.27 (b) The commissioner of human services must fund current programs to ensure stability​
22.28and continuity of care, as long as the program has met the requirements for past usage of​
22.29funds. Funds may be used to fully fund current programs, increase a current program's​
22.30capacity, and expand programs to outside the seven-county metropolitan area.​
22​Sec. 16.​
S1953-1 1st Engrossment​SF1953 REVISOR DTT​