Text of MN SF 1174 (2023)

Children's mental health provisions modifications and appropriations

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1.1 A bill for an act​ 1.2 relating to human services; expanding child care assistance to certain families;​ 1.3 expanding and modifying grants and rules regarding children's mental health;​ 1.4 modifying the transition to community initiative; modifying training requirements​ 1.5 for mental health staff; modifying covered transportation services; covering​ 1.6 children's care coordination; modifying rules regarding children's long-term stays​ 1.7 in the emergency room; establishing the rural family response and stabilization​ 1.8 services pilot program; requiring reports; appropriating money; amending​ 1.9 Minnesota Statutes 2022, sections 119B.05, subdivision 1; 245.4662; 245.4889,​ 1.10 subdivision 1; 254B.05, subdivision 1a; 256.478; 256B.0616, subdivisions 4, 5,​ 1.11 by adding a subdivision; 256B.0622, subdivision 2a; 256B.0624, subdivisions 5,​ 1.12 8; 256B.0625, subdivisions 17, 45a; 256B.0659, subdivisions 1, 17a; 256B.0943,​ 1.13 subdivisions 1, 2, 9, by adding a subdivision; 256B.0946, subdivision 7; 256B.0947,​ 1.14 subdivision 7, by adding a subdivision; 260C.007, subdivision 6; 260C.708;​ 1.15 proposing coding for new law in Minnesota Statutes, chapter 144.​ 1.16 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​ 1.17 Section 1. Minnesota Statutes 2022, section 119B.05, subdivision 1, is amended to read:​ 1.18 Subdivision 1. Eligible participants. Families eligible for child care assistance under​ 1.19 the MFIP child care program are:​ 1.20 (1) MFIP participants who are employed or in job search and meet the requirements of​ 1.21 section 119B.10;​ 1.22 (2) persons who are members of transition year families under section 119B.011,​ 1.23 subdivision 20, and meet the requirements of section 119B.10;​ 1.24 (3) families who are participating in employment orientation or job search, or other​ 1.25 employment or training activities that are included in an approved employability development​ 1.26 plan under section 256J.95;​ 1​ Section 1.​ 23-01173 as introduced​ 01/23/23 REVISOR DTT/NS​ SENATE​ STATE OF MINNESOTA​ S.F. No. 1174​ NINETY-THIRD SESSION​ (SENATE AUTHORS: MORRISON, Hoffman, Boldon and Coleman)​ OFFICIAL STATUS​ D-PG​ DATE​ Introduction and first reading​ 02/02/2023​ Referred to Health and Human Services​ 2.1 (4) MFIP families who are participating in work job search, job support, employment,​ 2.2 or training activities as required in their employment plan, or in appeals, hearings,​ 2.3 assessments, or orientations according to chapter 256J;​ 2.4 (5) MFIP families who are participating in social services activities under chapter 256J​ 2.5 as required in their employment plan approved according to chapter 256J;​ 2.6 (6) families who are participating in services or activities that are included in an approved​ 2.7 family stabilization plan under section 256J.575;​ 2.8 (7) MFIP child-only families under section 256J.88, for up to 20 hours of child care per​ 2.9 week for children ages six and under, as recommended by the treating mental health​ 2.10 professional, when the child's primary caregiver has a diagnosis of a mental illness;​ 2.11 (7) (8) families who are participating in programs as required in tribal contracts under​ 2.12 section 119B.02, subdivision 2, or 256.01, subdivision 2;​ 2.13 (8) (9) families who are participating in the transition year extension under section​ 2.14 119B.011, subdivision 20a;​ 2.15 (9) (10) student parents as defined under section 119B.011, subdivision 19b; and​ 2.16 (10) (11) student parents who turn 21 years of age and who continue to meet the other​ 2.17 requirements under section 119B.011, subdivision 19b. A student parent continues to be​ 2.18 eligible until the student parent is approved for basic sliding fee child care assistance or​ 2.19 until the student parent's redetermination, whichever comes first. At the student parent's​ 2.20 redetermination, if the student parent was not approved for basic sliding fee child care​ 2.21 assistance, a student parent's eligibility ends following a 15-day adverse action notice.​ 2.22 Sec. 2. [144.3435] NONRESIDENTIAL MENTAL HEALTH SERVICES.​ 2.23 A minor who 16 years of age or older may give effective consent for nonresidential​ 2.24 mental health services, and the consent of no other person is required. For purposes of this​ 2.25 section, "nonresidential mental health services" means outpatient services as defined in​ 2.26 section 245.4871, subdivision 29, provided to a minor who is not residing in a hospital,​ 2.27 inpatient unit, or licensed residential treatment facility or program.​ 2.28 Sec. 3. Minnesota Statutes 2022, section 245.4662, is amended to read:​ 2.29 245.4662 MENTAL HEALTH INNOVATION GRANT PROGRAM.​ 2.30 Subdivision 1. Definitions. (a) For purposes of this section, the following terms have​ 2.31 the meanings given them.​ 2​ Sec. 3.​ 23-01173 as introduced​ 01/23/23 REVISOR DTT/NS​ 3.1 (b) "Community partnership" means a project involving the collaboration of two or more​ 3.2 eligible applicants.​ 3.3 (c) "Eligible applicant" means an eligible county, Indian tribe, mental health service​ 3.4 provider, hospital, or community partnership. Eligible applicant does not include a​ 3.5 state-operated direct care and treatment facility or program under chapter 246.​ 3.6 (d) "Intensive residential treatment services" has the meaning given in section 256B.0622.​ 3.7 (e) "Psychiatric residential treatment facility" has the meaning given in section​ 3.8 256B.0941.​ 3.9 (e) (f) "Metropolitan area" means the seven-county metropolitan area, as defined in​ 3.10 section 473.121, subdivision 2.​ 3.11 Subd. 2. Grants authorized. (a) The commissioner of human services shall, in​ 3.12 consultation with stakeholders, award grants to eligible applicants to:​ 3.13 (1) plan, establish, or operate programs to improve accessibility and quality of​ 3.14 community-based, outpatient mental health services and reduce the number of clients​ 3.15 admitted to regional treatment centers and community behavioral health hospitals.; or​ 3.16 (2) plan, establish, or operate programs to address the specific needs of children who​ 3.17 are in need of specialized services and who have a mental illness, including:​ 3.18 (i) autism spectrum disorders with self-injury or aggression;​ 3.19 (ii) reactive attachment disorder or post-traumatic stress disorder with aggression;​ 3.20 (iii) a co-occurring intellectual disability or developmental disability;​ 3.21 (iv) a traumatic brain injury;​ 3.22 (v) a co-occurring complex medical issue; and​ 3.23 (vi) severe emotional dysregulation and schizophrenia.​ 3.24 (b) The commissioner shall award half of all grant funds to eligible applicants in the​ 3.25 metropolitan area and half of all grant funds to eligible applicants outside the metropolitan​ 3.26 area. An applicant may apply for and the commissioner may award grants for two-year​ 3.27 periods. The commissioner may reallocate underspending among grantees within the same​ 3.28 grant period. The mental health innovation account is established under section 246.18 for​ 3.29 ongoing funding.​ 3.30 Subd. 3. Allocation of grants. (a) An application must be on a form and contain​ 3.31 information as specified by the commissioner but at a minimum must contain:​ 3​ Sec. 3.​ 23-01173 as introduced​ 01/23/23 REVISOR DTT/NS​ 4.1 (1) a description of the purpose or project for which grant funds will be used;​ 4.2 (2) a description of the specific problem the grant funds will address;​ 4.3 (3) a letter of support from the local mental health authority;​ 4.4 (4) a description of achievable objectives, a work plan, and a timeline for implementation​ 4.5 and completion of processes or projects enabled by the grant; and​ 4.6 (5) a process for documenting and evaluating results of the grant.​ 4.7 (b) The commissioner shall review each application to determine whether the application​ 4.8 is complete and whether the applicant and the project are eligible for a grant. In evaluating​ 4.9 applications according to paragraph (c), the commissioner shall establish criteria including,​ 4.10 but not limited to: the eligibility of the project; the applicant's thoroughness and clarity in​ 4.11 describing the problem grant funds are intended to address; a description of the applicant's​ 4.12 proposed project; a description of the population demographics and service area of the​ 4.13 proposed project; the manner in which the applicant will demonstrate the effectiveness of​ 4.14 any projects undertaken; the proposed project's longevity and demonstrated financial​ 4.15 sustainability after the initial grant period; and evidence of efficiencies and effectiveness​ 4.16 gained through collaborative efforts. The commissioner may also consider other relevant​ 4.17 factors. In evaluating applications, the commissioner may request additional information​ 4.18 regarding a proposed project, including information on project cost. An applicant's failure​ 4.19 to provide the information requested disqualifies an applicant. The commissioner shall​ 4.20 determine the number of grants awarded.​ 4.21 (c) Eligible applicants may receive grants under this section for purposes including, but​ 4.22 not limited to, the following:​ 4.23 (1) intensive residential treatment services or psychiatric residential treatment services​ 4.24 providing time-limited mental health services in a residential setting;​ 4.25 (2) the creation of stand-alone urgent care centers for mental health and psychiatric​ 4.26 consultation services, crisis residential services, or collaboration between crisis teams and​ 4.27 critical access hospitals;​ 4.28 (3) establishing new community mental health services or expanding the capacity of​ 4.29 existing services, including supportive housing; and​ 4.30 (4) other innovative projects that improve options for mental health services in community​ 4.31 settings and reduce the number of:​ 4​ Sec. 3.​ 23-01173 as introduced​ 01/23/23 REVISOR DTT/NS​ 5.1 (i) clients who remain in regional treatment centers and community behavioral health​ 5.2 hospitals beyond when discharge is determined to be clinically appropriate.; or​ 5.3 (ii) children who have boarded in an emergency room or discharge is delayed because​ 5.4 no other options for their care are available.​ 5.5 Sec. 4. Minnesota Statutes 2022, section 245.4889, subdivision 1, is amended to read:​ 5.6 Subdivision 1. Establishment and authority. (a) The commissioner is authorized to​ 5.7 make grants from available appropriations to assist:​ 5.8 (1) counties;​ 5.9 (2) Indian tribes;​ 5.10 (3) children's collaboratives under section 124D.23 or 245.493; or​ 5.11 (4) mental health service providers.​ 5.12 (b) The following services are eligible for grants under this section:​ 5.13 (1) services to children with emotional disturbances as defined in section 245.4871,​ 5.14 subdivision 15, and their families;​ 5.15 (2) transition services under section 245.4875, subdivision 8, for young adults under​ 5.16 age 21 and their families;​ 5.17 (3) respite care services for children with emotional disturbances or severe emotional​ 5.18 disturbances who are at risk of out-of-home placement or residential treatment or​ 5.19 hospitalization, who are already in out-of-home placement in family foster settings as defined​ 5.20 in chapter 245A and at risk of change in out-of-home placement or placement in a residential​ 5.21 facility or other higher level of care, who have utilized crisis services or emergency room​ 5.22 services, or who have experienced a loss of in-home staffing support. Allowable activities​ 5.23 and expenses for respite care services are defined under subdivision 4. A child is not required​ 5.24 to have case management services to receive respite care services. Counties must work to​ 5.25 provide access to regularly scheduled respite care;​ 5.26 (4) children's mental health crisis services;​ 5.27 (5) mental health services for people from cultural and ethnic minorities, including​ 5.28 supervision of clinical trainees who are Black, indigenous, or people of color;​ 5.29 (6) children's mental health screening and follow-up diagnostic assessment and treatment;​ 5.30 (7) services to promote and develop the capacity of providers to use evidence-based​ 5.31 practices in providing children's mental health services;​ 5​ Sec. 4.​ 23-01173 as introduced​ 01/23/23 REVISOR DTT/NS​ 6.1 (8) school-linked mental health services under section 245.4901;​ 6.2 (9) building evidence-based mental health intervention capacity for children birth to age​ 6.3 five;​ 6.4 (10) suicide prevention and counseling services that use text messaging statewide;​ 6.5 (11) mental health first aid training;​ 6.6 (12) training for parents, collaborative partners, and mental health providers on the​ 6.7 impact of adverse childhood experiences and trauma and development of an interactive​ 6.8 website to share information and strategies to promote resilience and prevent trauma;​ 6.9 (13) transition age services to develop or expand mental health treatment and supports​ 6.10 for adolescents and young adults 26 years of age or younger;​ 6.11 (14) early childhood mental health consultation;​ 6.12 (15) evidence-based interventions for youth at risk of developing or experiencing a first​ 6.13 episode of psychosis, and a public awareness campaign on the signs and symptoms of​ 6.14 psychosis;​ 6.15 (16) psychiatric consultation for primary care practitioners; and​ 6.16 (17) providers to begin operations and meet program requirements when establishing a​ 6.17 new children's mental health program. These may be start-up grants.​ 6.18 (c) Services under paragraph (b) must be designed to help each child to function and​ 6.19 remain with the child's family in the community and delivered consistent with the child's​ 6.20 treatment plan. Transition services to eligible young adults under this paragraph must be​ 6.21 designed to foster independent living in the community.​ 6.22 (d) As a condition of receiving grant funds, a grantee shall obtain all available third-party​ 6.23 reimbursement sources, if applicable.​ 6.24 Sec. 5. Minnesota Statutes 2022, section 254B.05, subdivision 1a, is amended to read:​ 6.25 Subd. 1a. Room and board provider requirements. (a) Effective January 1, 2000,​ 6.26 vendors of room and board are eligible for behavioral health fund payment if the vendor:​ 6.27 (1) has rules prohibiting residents bringing chemicals into the facility or using chemicals​ 6.28 while residing in the facility and provide consequences for infractions of those rules;​ 6.29 (2) is determined to meet applicable health and safety requirements;​ 6.30 (3) is not a jail or prison;​ 6​ Sec. 5.​ 23-01173 as introduced​ 01/23/23 REVISOR DTT/NS​ 7.1 (4) is not concurrently receiving funds under chapter 256I for the recipient;​ 7.2 (5) admits individuals who are 18 years of age or older;​ 7.3 (6) is registered as a board and lodging or lodging establishment according to section​ 7.4 157.17;​ 7.5 (7) has awake staff on site 24 hours per day;​ 7.6 (8) has staff who are at least 18 years of age and meet the requirements of section​ 7.7 245G.11, subdivision 1, paragraph (b);​ 7.8 (9) has emergency behavioral procedures that meet the requirements of section 245G.16;​ 7.9 (10) meets the requirements of section 245G.08, subdivision 5, if administering​ 7.10 medications to clients;​ 7.11 (11) meets the abuse prevention requirements of section 245A.65, including a policy on​ 7.12 fraternization and the mandatory reporting requirements of section 626.557;​ 7.13 (12) documents coordination with the treatment provider to ensure compliance with​ 7.14 section 254B.03, subdivision 2;​ 7.15 (13) protects client funds and ensures freedom from exploitation by meeting the​ 7.16 provisions of section 245A.04, subdivision 13;​ 7.17 (14) has a grievance procedure that meets the requirements of section 245G.15,​ 7.18 subdivision 2; and​ 7.19 (15) has sleeping and bathroom facilities for men and women separated by a door that​ 7.20 is locked, has an alarm, or is supervised by awake staff.​ 7.21 (b) Programs licensed according to Minnesota Rules, chapter 2960, are exempt from​ 7.22 paragraph (a), clauses (5) to (15).​ 7.23 (c) Programs providing children's mental health crisis admissions and stabilization under​ 7.24 section 245.4882, subdivision 6, are eligible vendors of room and board.​ 7.25 (d) Programs providing children's residential services under section 245.4882, except​ 7.26 services for individuals who have a placement under chapter 260C or 260D, are eligible​ 7.27 vendors of room and board.​ 7.28 (d) (e) Licensed programs providing intensive residential treatment services or residential​ 7.29 crisis stabilization services pursuant to section 256B.0622 or 256B.0624 are eligible vendors​ 7.30 of room and board and are exempt from paragraph (a), clauses (6) to (15).​ 7​ Sec. 5.​ 23-01173 as introduced​ 01/23/23 REVISOR DTT/NS​ 8.1 Sec. 6. Minnesota Statutes 2022, section 256.478, is amended to read:​ 8.2 256.478 CHILD AND ADULT TRANSITION TO COMMUNITY INITIATIVE.​ 8.3 Subdivision 1. Purpose. (a) The commissioner shall establish the transition to community​ 8.4 initiative to award grants to serve individuals for whom supports and services not covered​ 8.5 by medical assistance would allow them to:​ 8.6 (1) live in the least restrictive setting and as independently as possible;​ 8.7 (2) access services that support short- and long-term needs for developmental growth​ 8.8 or individualized treatment needs;​ 8.9 (2) (3) build or maintain relationships with family and friends; and​ 8.10 (3) (4) participate in community life.​ 8.11 (b) Grantees must ensure that individuals the individual or the child and family are​ 8.12 engaged in a process that involves person-centered planning and informed choice​ 8.13 decision-making. The informed choice decision-making process must provide accessible​ 8.14 written information and be experiential whenever possible.​ 8.15 Subd. 2. Eligibility. An individual A child or adult is eligible for the transition to​ 8.16 community initiative if the individual child or adult does not meet eligibility criteria for the​ 8.17 medical assistance program under section 256B.056 or 256B.057, but or can demonstrate​ 8.18 that current services are not capable of meeting individual treatment and service needs that​ 8.19 can be met in the community with support, and who meets at least one of the following​ 8.20 criteria:​ 8.21 (1) the person otherwise meets the criteria under section 256B.092, subdivision 13, or​ 8.22 256B.49, subdivision 24;​ 8.23 (2) the person has met treatment objectives and no longer requires a hospital-level care​ 8.24 or a secure treatment setting, but the person's discharge from the Anoka Metro Regional​ 8.25 Treatment Center, the Minnesota Security Hospital, or a community behavioral health​ 8.26 hospital would be substantially delayed without additional resources available through the​ 8.27 transitions to community initiative;​ 8.28 (3) the person is in a community hospital, juvenile detention facility, or county supervised​ 8.29 building, but alternative community living options would be appropriate for the person, and​ 8.30 the person has received approval from the commissioner; or​ 8.31 (4)(i) the person is receiving customized living services reimbursed under section​ 8.32 256B.4914, 24-hour customized living services reimbursed under section 256B.4914, or​ 8​ Sec. 6.​ 23-01173 as introduced​ 01/23/23 REVISOR DTT/NS​ 9.1 community residential services reimbursed under section 256B.4914; (ii) the person expresses​ 9.2 a desire to move; and (iii) the person has received approval from the commissioner.; or​ 9.3 (5) the person can demonstrate that individual needs are beyond the scope of current​ 9.4 service designs and grant funding can support the inclusion of additional supports for the​ 9.5 child or adult to access appropriate treatment and services in the least restrictive environment.​ 9.6 Sec. 7. Minnesota Statutes 2022, section 256B.0616, subdivision 4, is amended to read:​ 9.7 Subd. 4. Peer support specialist program providers. The commissioner shall develop​ 9.8 a process to certify family peer support specialist programs and associated training support,​ 9.9 in accordance with the federal guidelines, in order for the program to bill for reimbursable​ 9.10 services. Family peer support programs must operate within an existing mental health​ 9.11 community provider or center.​ 9.12 Sec. 8. Minnesota Statutes 2022, section 256B.0616, subdivision 5, is amended to read:​ 9.13 Subd. 5. Certified family peer specialist training and certification. The commissioner​ 9.14 shall develop a or approve the use of an existing training and certification process for certified​ 9.15 family peer specialists. The candidates must have raised or be currently raising a child with​ 9.16 a mental illness, have had experience navigating the children's mental health system, and​ 9.17 must demonstrate leadership and advocacy skills and a strong dedication to family-driven​ 9.18 and family-focused services. The training curriculum must teach participating family peer​ 9.19 specialists specific skills relevant to providing peer support to other parents. In addition to​ 9.20 initial training and certification, the commissioner shall develop ongoing continuing​ 9.21 educational workshops on pertinent issues related to family peer support counseling. Training​ 9.22 for family peer support specialists can be delivered by the commissioner or by organizations​ 9.23 approved by the commissioner.​ 9.24 Sec. 9. Minnesota Statutes 2022, section 256B.0616, is amended by adding a subdivision​ 9.25 to read:​ 9.26 Subd. 6. Payment rate increase. Payment rates for services provided under this section​ 9.27 rendered on or after January 1, 2024, shall be increased by 50 percent over the rates in effect​ 9.28 on December 31, 2023.​ 9​ Sec. 9.​ 23-01173 as introduced​ 01/23/23 REVISOR DTT/NS​ 10.1 Sec. 10. Minnesota Statutes 2022, section 256B.0622, subdivision 2a, is amended to read:​ 10.2 Subd. 2a. Eligibility for assertive community treatment. An eligible client for assertive​ 10.3 community treatment is an individual who meets the following criteria as assessed by an​ 10.4 ACT team:​ 10.5 (1) is age 18 or older. Individuals ages 16 and 17 may be eligible upon approval by the​ 10.6 commissioner;​ 10.7 (2) has a primary diagnosis of schizophrenia, schizoaffective disorder, major depressive​ 10.8 disorder with psychotic features, other psychotic disorders, or bipolar disorder. Individuals​ 10.9 with other psychiatric illnesses may qualify for assertive community treatment if they have​ 10.10 a serious mental illness and meet the criteria outlined in clauses (3) and (4), but no more​ 10.11 than ten percent of an ACT team's clients may be eligible based on this criteria. Individuals​ 10.12 with a primary diagnosis of a substance use disorder, intellectual developmental disabilities,​ 10.13 borderline personality disorder, antisocial personality disorder, traumatic brain injury, or​ 10.14 an autism spectrum disorder are not eligible for assertive community treatment;​ 10.15 (3) has significant functional impairment as demonstrated by at least one of the following​ 10.16 conditions:​ 10.17 (i) significant difficulty consistently performing the range of routine tasks required for​ 10.18 basic adult functioning in the community or persistent difficulty performing daily living​ 10.19 tasks without significant support or assistance;​ 10.20 (ii) significant difficulty maintaining employment at a self-sustaining level or significant​ 10.21 difficulty consistently carrying out the head-of-household responsibilities; or​ 10.22 (iii) significant difficulty maintaining a safe living situation;​ 10.23 (4) has a need for continuous high-intensity services as evidenced by at least two of the​ 10.24 following:​ 10.25 (i) two or more psychiatric hospitalizations or residential crisis stabilization services in​ 10.26 the previous 12 months;​ 10.27 (ii) frequent utilization of mental health crisis services in the previous six months;​ 10.28 (iii) 30 or more consecutive days of psychiatric hospitalization in the previous 24 months;​ 10.29 (iv) intractable, persistent, or prolonged severe psychiatric symptoms;​ 10.30 (v) coexisting mental health and substance use disorders lasting at least six months;​ 10​ Sec. 10.​ 23-01173 as introduced​ 01/23/23 REVISOR DTT/NS​ 11.1 (vi) recent history of involvement with the criminal justice system or demonstrated risk​ 11.2 of future involvement;​ 11.3 (vii) significant difficulty meeting basic survival needs;​ 11.4 (viii) residing in substandard housing, experiencing homelessness, or facing imminent​ 11.5 risk of homelessness;​ 11.6 (ix) significant impairment with social and interpersonal functioning such that basic​ 11.7 needs are in jeopardy;​ 11.8 (x) coexisting mental health and physical health disorders lasting at least six months;​ 11.9 (xi) residing in an inpatient or supervised community residence but clinically assessed​ 11.10 to be able to live in a more independent living situation if intensive services are provided;​ 11.11 (xii) requiring a residential placement if more intensive services are not available; or​ 11.12 (xiii) difficulty effectively using traditional office-based outpatient services; or​ 11.13 (xiv) receiving services under section 256B.0947 and continuing to meet the criteria but​ 11.14 for turning age 21;​ 11.15 (5) there are no indications that other available community-based services would be​ 11.16 equally or more effective as evidenced by consistent and extensive efforts to treat the​ 11.17 individual; and​ 11.18 (6) in the written opinion of a licensed mental health professional, has the need for mental​ 11.19 health services that cannot be met with other available community-based services, or is​ 11.20 likely to experience a mental health crisis or require a more restrictive setting if assertive​ 11.21 community treatment is not provided.​ 11.22 Sec. 11. Minnesota Statutes 2022, section 256B.0624, subdivision 5, is amended to read:​ 11.23 Subd. 5. Crisis assessment and intervention staff qualifications. (a) Qualified​ 11.24 individual staff of a qualified provider entity must provide crisis assessment and intervention​ 11.25 services to a recipient. A staff member providing crisis assessment and intervention services​ 11.26 to a recipient must be qualified as a:​ 11.27 (1) mental health professional;​ 11.28 (2) clinical trainee;​ 11.29 (3) mental health practitioner;​ 11.30 (4) mental health certified family peer specialist; or​ 11​ Sec. 11.​ 23-01173 as introduced​ 01/23/23 REVISOR DTT/NS​ 12.1 (5) mental health certified peer specialist.​ 12.2 (b) When crisis assessment and intervention services are provided to a recipient in the​ 12.3 community, a mental health professional, clinical trainee, or mental health practitioner must​ 12.4 lead the response.​ 12.5 (c) The 30 hours of ongoing training required by section 245I.05, subdivision 4, paragraph​ 12.6 (b), must be specific to providing crisis services to children and adults and include training​ 12.7 about evidence-based practices identified by the commissioner of health to reduce the​ 12.8 recipient's risk of suicide and self-injurious behavior.​ 12.9 (d) At least 6 hours of the ongoing training under paragraph (c) must be specific to​ 12.10 working with families and providing crisis stabilization services to children and include the​ 12.11 following topics:​ 12.12 (1) developmental tasks of childhood and adolescence;​ 12.13 (2) family relationships;​ 12.14 (3) child and youth engagement and motivation, including motivational interviewing;​ 12.15 (4) culturally responsive care, including care for lesbian, gay, bisexual, transgender, and​ 12.16 queer youth;​ 12.17 (5) positive behavior support;​ 12.18 (6) crisis intervention for youth with developmental disabilities;​ 12.19 (7) child traumatic stress, trauma-informed care, and trauma-focused cognitive behavioral​ 12.20 therapy; and​ 12.21 (8) youth substance use.​ 12.22 (d) (e) Team members must be experienced in crisis assessment, crisis intervention​ 12.23 techniques, treatment engagement strategies, working with families, and clinical​ 12.24 decision-making under emergency conditions and have knowledge of local services and​ 12.25 resources.​ 12.26 Sec. 12. Minnesota Statutes 2022, section 256B.0624, subdivision 8, is amended to read:​ 12.27 Subd. 8. Crisis stabilization staff qualifications. (a) Mental health crisis stabilization​ 12.28 services must be provided by qualified individual staff of a qualified provider entity. A staff​ 12.29 member providing crisis stabilization services to a recipient must be qualified as a:​ 12.30 (1) mental health professional;​ 12​ Sec. 12.​ 23-01173 as introduced​ 01/23/23 REVISOR DTT/NS​ 13.1 (2) certified rehabilitation specialist;​ 13.2 (3) clinical trainee;​ 13.3 (4) mental health practitioner;​ 13.4 (5) mental health certified family peer specialist;​ 13.5 (6) mental health certified peer specialist; or​ 13.6 (7) mental health rehabilitation worker.​ 13.7 (b) The 30 hours of ongoing training required in section 245I.05, subdivision 4, paragraph​ 13.8 (b), must be specific to providing crisis services to children and adults and include training​ 13.9 about evidence-based practices identified by the commissioner of health to reduce a recipient's​ 13.10 risk of suicide and self-injurious behavior.​ 13.11 (c) At least 6 hours of the ongoing training under this subdivision must be specific to​ 13.12 working with families and providing crisis stabilization services to children and include the​ 13.13 following topics:​ 13.14 (1) developmental tasks of childhood and adolescence;​ 13.15 (2) family relationships;​ 13.16 (3) child and youth engagement and motivation, including motivational interviewing;​ 13.17 (4) culturally responsive care, including care for lesbian, gay, bisexual, transgender, and​ 13.18 queer youth;​ 13.19 (5) positive behavior support;​ 13.20 (6) crisis intervention for youth with developmental disabilities;​ 13.21 (7) child traumatic stress, trauma-informed care, and trauma-focused cognitive behavioral​ 13.22 therapy; and​ 13.23 (8) youth substance use.​ 13.24 Sec. 13. Minnesota Statutes 2022, section 256B.0625, subdivision 17, is amended to read:​ 13.25 Subd. 17. Transportation costs. (a) "Nonemergency medical transportation service"​ 13.26 means motor vehicle transportation provided by a public or private person that serves​ 13.27 Minnesota health care program beneficiaries who do not require emergency ambulance​ 13.28 service, as defined in section 144E.001, subdivision 3, to obtain covered medical services.​ 13.29 (b) Medical assistance covers medical transportation costs incurred solely for obtaining​ 13.30 emergency medical care or transportation costs incurred by eligible persons in obtaining​ 13​ Sec. 13.​ 23-01173 as introduced​ 01/23/23 REVISOR DTT/NS​ 14.1 emergency or nonemergency medical care when paid directly to an ambulance company,​ 14.2 nonemergency medical transportation company, or other recognized providers of​ 14.3 transportation services. Medical transportation must be provided by:​ 14.4 (1) nonemergency medical transportation providers who meet the requirements of this​ 14.5 subdivision;​ 14.6 (2) ambulances, as defined in section 144E.001, subdivision 2;​ 14.7 (3) taxicabs that meet the requirements of this subdivision;​ 14.8 (4) public transit, as defined in section 174.22, subdivision 7; or​ 14.9 (5) not-for-hire vehicles, including volunteer drivers, as defined in section 65B.472,​ 14.10 subdivision 1, paragraph (h).; or​ 14.11 (6) type III vehicles, as defined in section 169.011, subdivision 71, paragraph (h), that​ 14.12 meet the requirements of this subdivision.​ 14.13 (c) Medical assistance covers nonemergency medical transportation provided by​ 14.14 nonemergency medical transportation providers enrolled in the Minnesota health care​ 14.15 programs. All nonemergency medical transportation providers must comply with the​ 14.16 operating standards for special transportation service as defined in sections 174.29 to 174.30​ 14.17 and Minnesota Rules, chapter 8840, and all drivers must be individually enrolled with the​ 14.18 commissioner and reported on the claim as the individual who provided the service. All​ 14.19 nonemergency medical transportation providers shall bill for nonemergency medical​ 14.20 transportation services in accordance with Minnesota health care programs criteria. Publicly​ 14.21 operated transit systems, volunteers, and not-for-hire vehicles are exempt from the​ 14.22 requirements outlined in this paragraph.​ 14.23 (d) An organization may be terminated, denied, or suspended from enrollment if:​ 14.24 (1) the provider has not initiated background studies on the individuals specified in​ 14.25 section 174.30, subdivision 10, paragraph (a), clauses (1) to (3); or​ 14.26 (2) the provider has initiated background studies on the individuals specified in section​ 14.27 174.30, subdivision 10, paragraph (a), clauses (1) to (3), and:​ 14.28 (i) the commissioner has sent the provider a notice that the individual has been​ 14.29 disqualified under section 245C.14; and​ 14.30 (ii) the individual has not received a disqualification set-aside specific to the special​ 14.31 transportation services provider under sections 245C.22 and 245C.23.​ 14.32 (e) The administrative agency of nonemergency medical transportation must:​ 14​ Sec. 13.​ 23-01173 as introduced​ 01/23/23 REVISOR DTT/NS​ 15.1 (1) adhere to the policies defined by the commissioner;​ 15.2 (2) pay nonemergency medical transportation providers for services provided to​ 15.3 Minnesota health care programs beneficiaries to obtain covered medical services;​ 15.4 (3) provide data monthly to the commissioner on appeals, complaints, no-shows, canceled​ 15.5 trips, and number of trips by mode; and​ 15.6 (4) by July 1, 2016, in accordance with subdivision 18e, utilize a web-based single​ 15.7 administrative structure assessment tool that meets the technical requirements established​ 15.8 by the commissioner, reconciles trip information with claims being submitted by providers,​ 15.9 and ensures prompt payment for nonemergency medical transportation services.​ 15.10 (f) Until the commissioner implements the single administrative structure and delivery​ 15.11 system under subdivision 18e, clients shall obtain their level-of-service certificate from the​ 15.12 commissioner or an entity approved by the commissioner that does not dispatch rides for​ 15.13 clients using modes of transportation under paragraph (i), clauses (4), (5), (6), and (7).​ 15.14 (g) The commissioner may use an order by the recipient's attending physician, advanced​ 15.15 practice registered nurse, physician assistant, or a medical or mental health professional to​ 15.16 certify that the recipient requires nonemergency medical transportation services.​ 15.17 Nonemergency medical transportation providers shall perform driver-assisted services for​ 15.18 eligible individuals, when appropriate. Driver-assisted service includes passenger pickup​ 15.19 at and return to the individual's residence or place of business, assistance with admittance​ 15.20 of the individual to the medical facility, and assistance in passenger securement or in securing​ 15.21 of wheelchairs, child seats, or stretchers in the vehicle.​ 15.22 Nonemergency medical transportation providers must take clients to the health care​ 15.23 provider using the most direct route, and must not exceed 30 miles for a trip to a primary​ 15.24 care provider or 60 miles for a trip to a specialty care provider, unless the client receives​ 15.25 authorization from the local agency.​ 15.26 Nonemergency medical transportation providers may not bill for separate base rates for​ 15.27 the continuation of a trip beyond the original destination. Nonemergency medical​ 15.28 transportation providers must maintain trip logs, which include pickup and drop-off times,​ 15.29 signed by the medical provider or client, whichever is deemed most appropriate, attesting​ 15.30 to mileage traveled to obtain covered medical services. Clients requesting client mileage​ 15.31 reimbursement must sign the trip log attesting mileage traveled to obtain covered medical​ 15.32 services.​ 15​ Sec. 13.​ 23-01173 as introduced​ 01/23/23 REVISOR DTT/NS​ 16.1 (h) The administrative agency shall use the level of service process established by the​ 16.2 commissioner to determine the client's most appropriate mode of transportation. Clients 20​ 16.3 years of age or younger are eligible for assisted transport, unless they meet the requirements​ 16.4 for lift-equipped transport, ramp transport, or stretcher transport. If public transit or a certified​ 16.5 transportation provider is not available to provide the appropriate service mode for the client,​ 16.6 the client may receive a onetime service upgrade.​ 16.7 (i) The covered modes of transportation are:​ 16.8 (1) client reimbursement, which includes client mileage reimbursement provided to​ 16.9 clients who have their own transportation, or to family or an acquaintance who provides​ 16.10 transportation to the client;​ 16.11 (2) volunteer transport, which includes transportation by volunteers using their own​ 16.12 vehicle;​ 16.13 (3) unassisted transport, which includes transportation provided to a client by a taxicab​ 16.14 or public transit. If a taxicab or public transit is not available, the client can receive​ 16.15 transportation from another nonemergency medical transportation provider;​ 16.16 (4) assisted transport, which includes transport provided to clients who require assistance​ 16.17 by a nonemergency medical transportation provider;​ 16.18 (5) lift-equipped/ramp transport, which includes transport provided to a client who is​ 16.19 dependent on a device and requires a nonemergency medical transportation provider with​ 16.20 a vehicle containing a lift or ramp;​ 16.21 (6) protected transport, which includes transport provided to a client who has received​ 16.22 a prescreening that has deemed other forms of transportation inappropriate and who requires​ 16.23 a provider: (i) with a protected vehicle that is not an ambulance or police car and has safety​ 16.24 locks, a video recorder, and a transparent thermoplastic partition between the passenger and​ 16.25 the vehicle driver; and (ii) who is certified as a protected transport provider; and​ 16.26 (7) stretcher transport, which includes transport for a client in a prone or supine position​ 16.27 and requires a nonemergency medical transportation provider with a vehicle that can transport​ 16.28 a client in a prone or supine position.​ 16.29 (j) The local agency shall be the single administrative agency and shall administer and​ 16.30 reimburse for modes defined in paragraph (i) according to paragraphs (m) and (n) to (o)​ 16.31 when the commissioner has developed, made available, and funded the web-based single​ 16.32 administrative structure, assessment tool, and level of need assessment under subdivision​ 16​ Sec. 13.​ 23-01173 as introduced​ 01/23/23 REVISOR DTT/NS​ 17.1 18e. The local agency's financial obligation is limited to funds provided by the state or​ 17.2 federal government.​ 17.3 (k) The commissioner shall:​ 17.4 (1) verify that the mode and use of nonemergency medical transportation is appropriate;​ 17.5 (2) verify that the client is going to an approved medical appointment; and​ 17.6 (3) investigate all complaints and appeals.​ 17.7 (l) The administrative agency shall pay for the services provided in this subdivision and​ 17.8 seek reimbursement from the commissioner, if appropriate. As vendors of medical care,​ 17.9 local agencies are subject to the provisions in section 256B.041, the sanctions and monetary​ 17.10 recovery actions in section 256B.064, and Minnesota Rules, parts 9505.2160 to 9505.2245.​ 17.11 (m) Payments for nonemergency medical transportation must be paid based on the client's​ 17.12 assessed mode under paragraph (h), not the type of vehicle used to provide the service. The​ 17.13 medical assistance reimbursement rates for nonemergency medical transportation services​ 17.14 that are payable by or on behalf of the commissioner for nonemergency medical​ 17.15 transportation services are:​ 17.16 (1) $0.22 per mile for client reimbursement;​ 17.17 (2) up to 100 percent of the Internal Revenue Service business deduction rate for volunteer​ 17.18 transport;​ 17.19 (3) equivalent to the standard fare for unassisted transport when provided by public​ 17.20 transit, and $11 for the base rate and $1.30 per mile when provided by a nonemergency​ 17.21 medical transportation provider;​ 17.22 (4) $13 for the base rate and $1.30 per mile for assisted transport;​ 17.23 (5) $18 for the base rate and $1.55 per mile for lift-equipped/ramp transport;​ 17.24 (6) $75 for the base rate and $2.40 per mile for protected transport; and​ 17.25 (7) $60 for the base rate and $2.40 per mile for stretcher transport, and $9 per trip for​ 17.26 an additional attendant if deemed medically necessary.​ 17.27 (n) The base rate and mileage rate for nonemergency medical transportation services is​ 17.28 equal to 125 percent of the respective base and mileage rate in paragraph (m), clauses (4)​ 17.29 and (5), when the client is 20 years old or younger and provided by a type III vehicle, as​ 17.30 defined in section 169.011, subdivision 71, paragraph (h).​ 17​ Sec. 13.​ 23-01173 as introduced​ 01/23/23 REVISOR DTT/NS​ 18.1 (n) (o) The base rate for nonemergency medical transportation services in areas defined​ 18.2 under RUCA to be super rural is equal to 111.3 percent of the respective base rate in​ 18.3 paragraph (m), clauses (1) to (7). The mileage rate for nonemergency medical transportation​ 18.4 services in areas defined under RUCA to be rural or super rural areas is:​ 18.5 (1) for a trip equal to 17 miles or less, equal to 125 percent of the respective mileage​ 18.6 rate in paragraph (m), clauses (1) to (7); and​ 18.7 (2) for a trip between 18 and 50 miles, equal to 112.5 percent of the respective mileage​ 18.8 rate in paragraph (m), clauses (1) to (7).​ 18.9 (o) (p) For purposes of reimbursement rates for nonemergency medical transportation​ 18.10 services under paragraphs (m) and (n) to (o), the zip code of the recipient's place of residence​ 18.11 shall determine whether the urban, rural, or super rural reimbursement rate applies.​ 18.12 (p) (q) For purposes of this subdivision, "rural urban commuting area" or "RUCA" means​ 18.13 a census-tract based classification system under which a geographical area is determined​ 18.14 to be urban, rural, or super rural.​ 18.15 (q) (r) The commissioner, when determining reimbursement rates for nonemergency​ 18.16 medical transportation under paragraphs (m) and (n) to (o), shall exempt all modes of​ 18.17 transportation listed under paragraph (i) from Minnesota Rules, part 9505.0445, item R,​ 18.18 subitem (2).​ 18.19 Sec. 14. Minnesota Statutes 2022, section 256B.0625, subdivision 45a, is amended to​ 18.20 read:​ 18.21 Subd. 45a. Psychiatric residential treatment facility services for persons younger​ 18.22 than 21 years of age. (a) Medical assistance covers psychiatric residential treatment facility​ 18.23 services, according to section 256B.0941, for persons younger than 21 years of age.​ 18.24 Individuals who reach age 21 at the time they are receiving services are eligible to continue​ 18.25 receiving services until they no longer require services or until they reach age 22, whichever​ 18.26 occurs first.​ 18.27 (b) For purposes of this subdivision, "psychiatric residential treatment facility" means​ 18.28 a facility other than a hospital that provides psychiatric services, as described in Code of​ 18.29 Federal Regulations, title 42, sections 441.151 to 441.182, to individuals under age 21 in​ 18.30 an inpatient setting.​ 18.31 (c) The commissioner shall enroll up to 150 250 certified psychiatric residential treatment​ 18.32 facility services beds at up to ten sites. The commissioner may enroll an additional 80​ 18.33 certified psychiatric residential treatment facility services beds beginning July 1, 2020, and​ 18​ Sec. 14.​ 23-01173 as introduced​ 01/23/23 REVISOR DTT/NS​ 19.1 an additional 70 certified psychiatric residential treatment facility services beds beginning​ 19.2 July 1, 2023. The commissioner shall select psychiatric residential treatment facility services​ 19.3 providers through a request for proposals process. Providers of state-operated services may​ 19.4 respond to the request for proposals. Providers may specialize in the treatment of children​ 19.5 with specific diagnoses, disabilities, or other health care conditions. The commissioner shall​ 19.6 prioritize programs that demonstrate the capacity to serve children and youth with aggressive​ 19.7 and risky behaviors toward themselves or others, multiple diagnoses, neurodevelopmental​ 19.8 disorders, or complex trauma related issues.​ 19.9 Sec. 15. Minnesota Statutes 2022, section 256B.0659, subdivision 1, is amended to read:​ 19.10 Subdivision 1. Definitions. (a) For the purposes of this section, the terms defined in​ 19.11 paragraphs (b) to (r) have the meanings given unless otherwise provided in text.​ 19.12 (b) "Activities of daily living" means grooming, dressing, bathing, transferring, mobility,​ 19.13 positioning, eating, and toileting.​ 19.14 (c) "Behavior," effective January 1, 2010, means a category to determine the home care​ 19.15 rating and is based on the criteria found in this section. "Level I behavior" means physical​ 19.16 aggression towards toward self, others, or destruction of property that requires the immediate​ 19.17 response of another person.​ 19.18 (d) "Complex health-related needs," effective January 1, 2010, means a category to​ 19.19 determine the home care rating and is based on the criteria found in this section.​ 19.20 (e) "Critical activities of daily living," effective January 1, 2010, means transferring,​ 19.21 mobility, eating, and toileting.​ 19.22 (f) "Dependency in activities of daily living" means a person requires assistance to begin​ 19.23 and complete one or more of the activities of daily living.​ 19.24 (g) "Extended personal care assistance service" means personal care assistance services​ 19.25 included in a service plan under one of the home and community-based services waivers​ 19.26 authorized under chapter 256S and sections 256B.092, subdivision 5, and 256B.49, which​ 19.27 exceed the amount, duration, and frequency of the state plan personal care assistance services​ 19.28 for participants who:​ 19.29 (1) need assistance provided periodically during a week, but less than daily will not be​ 19.30 able to remain in their homes without the assistance, and other replacement services are​ 19.31 more expensive or are not available when personal care assistance services are to be reduced;​ 19.32 or​ 19​ Sec. 15.​ 23-01173 as introduced​ 01/23/23 REVISOR DTT/NS​ 20.1 (2) need additional personal care assistance services beyond the amount authorized by​ 20.2 the state plan personal care assistance assessment in order to ensure that their safety, health,​ 20.3 and welfare are provided for in their homes.; or​ 20.4 (3) due to their mental illness or co-occurring diagnosis, have experienced long stays in​ 20.5 the emergency room with a delayed discharge from the hospital and the family cannot hire​ 20.6 staff to provide in-home care.​ 20.7 (h) "Health-related procedures and tasks" means procedures and tasks that can be​ 20.8 delegated or assigned by a licensed health care professional under state law to be performed​ 20.9 by a personal care assistant.​ 20.10 (i) "Instrumental activities of daily living" means activities to include meal planning and​ 20.11 preparation; basic assistance with paying bills; shopping for food, clothing, and other​ 20.12 essential items; performing household tasks integral to the personal care assistance services;​ 20.13 communication by telephone and other media; and traveling, including to medical​ 20.14 appointments and to participate in the community.​ 20.15 (j) "Managing employee" has the same definition as Code of Federal Regulations, title​ 20.16 42, section 455.​ 20.17 (k) "Qualified professional" means a professional providing supervision of personal care​ 20.18 assistance services and staff as defined in section 256B.0625, subdivision 19c.​ 20.19 (l) "Personal care assistance provider agency" means a medical assistance enrolled​ 20.20 provider that provides or assists with providing personal care assistance services and includes​ 20.21 a personal care assistance provider organization, personal care assistance choice agency,​ 20.22 class A licensed nursing agency, and Medicare-certified home health agency.​ 20.23 (m) "Personal care assistant" or "PCA" means an individual employed by a personal​ 20.24 care assistance agency who provides personal care assistance services.​ 20.25 (n) "Personal care assistance care plan" means a written description of personal care​ 20.26 assistance services developed by the personal care assistance provider according to the​ 20.27 service plan.​ 20.28 (o) "Responsible party" means an individual who is capable of providing the support​ 20.29 necessary to assist the recipient to live in the community.​ 20.30 (p) "Self-administered medication" means medication taken orally, by injection, nebulizer,​ 20.31 or insertion, or applied topically without the need for assistance.​ 20​ Sec. 15.​ 23-01173 as introduced​ 01/23/23 REVISOR DTT/NS​ 21.1 (q) "Service plan" means a written summary of the assessment and description of the​ 21.2 services needed by the recipient.​ 21.3 (r) "Wages and benefits" means wages and salaries, the employer's share of FICA taxes,​ 21.4 Medicare taxes, state and federal unemployment taxes, workers' compensation, mileage​ 21.5 reimbursement, health and dental insurance, life insurance, disability insurance, long-term​ 21.6 care insurance, uniform allowance, and contributions to employee retirement accounts.​ 21.7 Sec. 16. Minnesota Statutes 2022, section 256B.0659, subdivision 17a, is amended to​ 21.8 read:​ 21.9 Subd. 17a. Enhanced rate. (a) An enhanced rate of 107.5 percent of the rate paid for​ 21.10 personal care assistance services shall be paid for services provided to persons who qualify​ 21.11 for ten or more hours of personal care assistance services per day when provided by a​ 21.12 personal care assistant who meets the requirements of subdivision 11, paragraph (d).​ 21.13 (b) An enhanced rate of 20 percent on top of any enhancement in paragraph (a) must be​ 21.14 paid for services provided to children with a mental illness or developmental disability who​ 21.15 exhibit high aggression.​ 21.16 (c) Any change in the eligibility criteria for the enhanced rate for personal care assistance​ 21.17 services as described in this subdivision and referenced in subdivision 11, paragraph (d),​ 21.18 does not constitute a change in a term or condition for individual providers as defined in​ 21.19 section 256B.0711, and is not subject to the state's obligation to meet and negotiate under​ 21.20 chapter 179A.​ 21.21 Sec. 17. Minnesota Statutes 2022, section 256B.0943, subdivision 1, is amended to read:​ 21.22 Subdivision 1. Definitions. For purposes of this section, the following terms have the​ 21.23 meanings given them.​ 21.24 (a) "Children's care coordination" means the activities required to coordinate care across​ 21.25 settings and providers for a child in order to deliver quality care and ensure seamless​ 21.26 transitions across the full spectrum of health services. Children's care coordination includes​ 21.27 documenting a plan of care for medical care, behavioral health, and social services and​ 21.28 supports in the individual treatment plan; assisting with obtaining appointments; confirming​ 21.29 that clients attend appointments; developing a crisis plan; tracking medication; and​ 21.30 implementing treatment goals with providers involved, including the child's caregivers.​ 21.31 Children's care coordination includes care coordination activities done by members of a​ 21​ Sec. 17.​ 23-01173 as introduced​ 01/23/23 REVISOR DTT/NS​ 22.1 child's treatment team who are supporting treatment and services for the individual child​ 22.2 and family.​ 22.3 (a) (b) "Children's therapeutic services and supports" means the flexible package of​ 22.4 mental health services for children who require varying therapeutic and rehabilitative levels​ 22.5 of intervention to treat a diagnosed emotional disturbance, as defined in section 245.4871,​ 22.6 subdivision 15, or a diagnosed mental illness, as defined in section 245.462, subdivision​ 22.7 20. The services are time-limited interventions that are delivered using various treatment​ 22.8 modalities and combinations of services designed to reach treatment outcomes identified​ 22.9 in the individual treatment plan.​ 22.10 (b) (c) "Clinical trainee" means a staff person who is qualified according to section​ 22.11 245I.04, subdivision 6.​ 22.12 (c) (d) "Crisis planning" has the meaning given in section 245.4871, subdivision 9a.​ 22.13 (d) (e) "Culturally competent provider" means a provider who understands and can​ 22.14 utilize to a client's benefit the client's culture when providing services to the client. A provider​ 22.15 may be culturally competent because the provider is of the same cultural or ethnic group​ 22.16 as the client or the provider has developed the knowledge and skills through training and​ 22.17 experience to provide services to culturally diverse clients.​ 22.18 (e) (f) "Day treatment program" for children means a site-based structured mental health​ 22.19 program consisting of psychotherapy for three or more individuals and individual or group​ 22.20 skills training provided by a team, under the treatment supervision of a mental health​ 22.21 professional.​ 22.22 (f) (g) "Standard diagnostic assessment" means the assessment described in 245I.10,​ 22.23 subdivision 6.​ 22.24 (g) (h) "Direct service time" means the time that a mental health professional, clinical​ 22.25 trainee, mental health practitioner, or mental health behavioral aide spends face-to-face with​ 22.26 a client and the client's family or providing covered services through telehealth as defined​ 22.27 under section 256B.0625, subdivision 3b. Direct service time includes time in which the​ 22.28 provider obtains a client's history, develops a client's treatment plan, records individual​ 22.29 treatment outcomes, or provides service components of children's therapeutic services and​ 22.30 supports. Direct service time does not include time doing work before and after providing​ 22.31 direct services, including scheduling or maintaining clinical records.​ 22.32 (h) (i) "Direction of mental health behavioral aide" means the activities of a mental​ 22.33 health professional, clinical trainee, or mental health practitioner in guiding the mental​ 22​ Sec. 17.​ 23-01173 as introduced​ 01/23/23 REVISOR DTT/NS​ 23.1 health behavioral aide in providing services to a client. The direction of a mental health​ 23.2 behavioral aide must be based on the client's individual treatment plan and meet the​ 23.3 requirements in subdivision 6, paragraph (b), clause (7).​ 23.4 (i) (j) "Emotional disturbance" has the meaning given in section 245.4871, subdivision​ 23.5 15.​ 23.6 (j) (k) "Individual treatment plan" means the plan described in section 245I.10,​ 23.7 subdivisions 7 and 8.​ 23.8 (k) (l) "Mental health behavioral aide services" means medically necessary one-on-one​ 23.9 activities performed by a mental health behavioral aide qualified according to section​ 23.10 245I.04, subdivision 16, to assist a child retain or generalize psychosocial skills as previously​ 23.11 trained by a mental health professional, clinical trainee, or mental health practitioner and​ 23.12 as described in the child's individual treatment plan and individual behavior plan. Activities​ 23.13 involve working directly with the child or child's family as provided in subdivision 9,​ 23.14 paragraph (b), clause (4).​ 23.15 (l) (m) "Mental health certified family peer specialist" means a staff person who is​ 23.16 qualified according to section 245I.04, subdivision 12.​ 23.17 (m) (n) "Mental health practitioner" means a staff person who is qualified according to​ 23.18 section 245I.04, subdivision 4.​ 23.19 (n) (o) "Mental health professional" means a staff person who is qualified according to​ 23.20 section 245I.04, subdivision 2.​ 23.21 (o) (p) "Mental health service plan development" includes:​ 23.22 (1) development and revision of a child's individual treatment plan; and​ 23.23 (2) administering and reporting the standardized outcome measurements in section​ 23.24 245I.10, subdivision 6, paragraph (d), clauses (3) and (4), and other standardized outcome​ 23.25 measurements approved by the commissioner, as periodically needed to evaluate the​ 23.26 effectiveness of treatment.​ 23.27 (p) (q) "Mental illness," for persons at least age 18 but under age 21, has the meaning​ 23.28 given in section 245.462, subdivision 20, paragraph (a).​ 23.29 (q) (r) "Psychotherapy" means the treatment described in section 256B.0671, subdivision​ 23.30 11.​ 23.31 (r) (s) "Rehabilitative services" or "psychiatric rehabilitation services" means interventions​ 23.32 to: (1) restore a child or adolescent to an age-appropriate developmental trajectory that had​ 23​ Sec. 17.​ 23-01173 as introduced​ 01/23/23 REVISOR DTT/NS​ 24.1 been disrupted by a psychiatric illness; or (2) enable the child to self-monitor, compensate​ 24.2 for, cope with, counteract, or replace psychosocial skills deficits or maladaptive skills​ 24.3 acquired over the course of a psychiatric illness. Psychiatric rehabilitation services for​ 24.4 children combine coordinated psychotherapy to address internal psychological, emotional,​ 24.5 and intellectual processing deficits, and skills training to restore personal and social​ 24.6 functioning. Psychiatric rehabilitation services establish a progressive series of goals with​ 24.7 each achievement building upon a prior achievement.​ 24.8 (s) (t) "Skills training" means individual, family, or group training, delivered by or under​ 24.9 the supervision of a mental health professional, designed to facilitate the acquisition of​ 24.10 psychosocial skills that are medically necessary to rehabilitate the child to an age-appropriate​ 24.11 developmental trajectory heretofore disrupted by a psychiatric illness or to enable the child​ 24.12 to self-monitor, compensate for, cope with, counteract, or replace skills deficits or​ 24.13 maladaptive skills acquired over the course of a psychiatric illness. Skills training is subject​ 24.14 to the service delivery requirements under subdivision 9, paragraph (b), clause (2).​ 24.15 (t) (u) "Treatment supervision" means the supervision described in section 245I.06.​ 24.16 Sec. 18. Minnesota Statutes 2022, section 256B.0943, subdivision 2, is amended to read:​ 24.17 Subd. 2. Covered service components of children's therapeutic services and​ 24.18 supports. (a) Subject to federal approval, medical assistance covers medically necessary​ 24.19 children's therapeutic services and supports when the services are provided by an eligible​ 24.20 provider entity certified under and meeting the standards in this section. The provider entity​ 24.21 must make reasonable and good faith efforts to report individual client outcomes to the​ 24.22 commissioner, using instruments and protocols approved by the commissioner.​ 24.23 (b) The service components of children's therapeutic services and supports are:​ 24.24 (1) patient and/or family psychotherapy, family psychotherapy, psychotherapy for crisis,​ 24.25 and group psychotherapy;​ 24.26 (2) individual, family, or group skills training provided by a mental health professional,​ 24.27 clinical trainee, or mental health practitioner;​ 24.28 (3) crisis planning;​ 24.29 (4) mental health behavioral aide services;​ 24.30 (5) direction of a mental health behavioral aide;​ 24.31 (6) mental health service plan development; and​ 24.32 (7) children's day treatment.; and​ 24​ Sec. 18.​ 23-01173 as introduced​ 01/23/23 REVISOR DTT/NS​ 25.1 (8) children's care coordination.​ 25.2 Sec. 19. Minnesota Statutes 2022, section 256B.0943, subdivision 9, is amended to read:​ 25.3 Subd. 9. Service delivery criteria. (a) In delivering services under this section, a certified​ 25.4 provider entity must ensure that:​ 25.5 (1) the provider's caseload size should reasonably enable the provider to play an active​ 25.6 role in service planning, monitoring, and delivering services to meet the client's and client's​ 25.7 family's needs, as specified in each client's individual treatment plan;​ 25.8 (2) site-based programs, including day treatment programs, provide staffing and facilities​ 25.9 to ensure the client's health, safety, and protection of rights, and that the programs are able​ 25.10 to implement each client's individual treatment plan; and​ 25.11 (3) a day treatment program is provided to a group of clients by a team under the treatment​ 25.12 supervision of a mental health professional. The day treatment program must be provided​ 25.13 in and by: (i) an outpatient hospital accredited by the Joint Commission on Accreditation​ 25.14 of Health Organizations and licensed under sections 144.50 to 144.55; (ii) a community​ 25.15 mental health center under section 245.62; or (iii) an entity that is certified under subdivision​ 25.16 4 to operate a program that meets the requirements of section 245.4884, subdivision 2, and​ 25.17 Minnesota Rules, parts 9505.0170 to 9505.0475. The day treatment program must stabilize​ 25.18 the client's mental health status while developing and improving the client's independent​ 25.19 living and socialization skills. The goal of the day treatment program must be to reduce or​ 25.20 relieve the effects of mental illness and provide training to enable the client to live in the​ 25.21 community. The remainder of the structured treatment program may include patient and/or​ 25.22 family or group psychotherapy, and individual or group skills training, if included in the​ 25.23 client's individual treatment plan. Day treatment programs are not part of inpatient or​ 25.24 residential treatment services. When a day treatment group that meets the minimum group​ 25.25 size requirement temporarily falls below the minimum group size because of a member's​ 25.26 temporary absence, medical assistance covers a group session conducted for the group​ 25.27 members in attendance. A day treatment program may provide fewer than the minimally​ 25.28 required hours for a particular child during a billing period in which the child is transitioning​ 25.29 into, or out of, the program.​ 25.30 (b) To be eligible for medical assistance payment, a provider entity must deliver the​ 25.31 service components of children's therapeutic services and supports in compliance with the​ 25.32 following requirements:​ 25​ Sec. 19.​ 23-01173 as introduced​ 01/23/23 REVISOR DTT/NS​ 26.1 (1) psychotherapy to address the child's underlying mental health disorder must be​ 26.2 documented as part of the child's ongoing treatment. A provider must deliver or arrange for​ 26.3 medically necessary psychotherapy unless the child's parent or caregiver chooses not to​ 26.4 receive it or the provider determines that psychotherapy is no longer medically necessary.​ 26.5 When a provider determines that psychotherapy is no longer medically necessary, the​ 26.6 provider must update required documentation, including but not limited to the individual​ 26.7 treatment plan, the child's medical record, or other authorizations, to include the​ 26.8 determination. When a provider determines that a child needs psychotherapy but​ 26.9 psychotherapy cannot be delivered due to a shortage of licensed mental health professionals​ 26.10 in the child's community, the provider must document the lack of access in the child's​ 26.11 medical record;​ 26.12 (2) individual, family, or group skills training is subject to the following requirements:​ 26.13 (i) a mental health professional, clinical trainee, or mental health practitioner shall provide​ 26.14 skills training;​ 26.15 (ii) skills training delivered to a child or the child's family must be targeted to the specific​ 26.16 deficits or maladaptations of the child's mental health disorder and must be prescribed in​ 26.17 the child's individual treatment plan;​ 26.18 (iii) group skills training may be provided to multiple recipients who, because of the​ 26.19 nature of their emotional, behavioral, or social dysfunction, can derive mutual benefit from​ 26.20 interaction in a group setting, which must be staffed as follows:​ 26.21 (A) one mental health professional, clinical trainee, or mental health practitioner must​ 26.22 work with a group of three to eight clients; or​ 26.23 (B) any combination of two mental health professionals, clinical trainees, or mental​ 26.24 health practitioners must work with a group of nine to 12 clients;​ 26.25 (iv) a mental health professional, clinical trainee, or mental health practitioner must have​ 26.26 taught the psychosocial skill before a mental health behavioral aide may practice that skill​ 26.27 with the client; and​ 26.28 (v) for group skills training, when a skills group that meets the minimum group size​ 26.29 requirement temporarily falls below the minimum group size because of a group member's​ 26.30 temporary absence, the provider may conduct the session for the group members in​ 26.31 attendance;​ 26.32 (3) crisis planning to a child and family must include development of a written plan that​ 26.33 anticipates the particular factors specific to the child that may precipitate a psychiatric crisis​ 26​ Sec. 19.​ 23-01173 as introduced​ 01/23/23 REVISOR DTT/NS​ 27.1 for the child in the near future. The written plan must document actions that the family​ 27.2 should be prepared to take to resolve or stabilize a crisis, such as advance arrangements for​ 27.3 direct intervention and support services to the child and the child's family. Crisis planning​ 27.4 must include preparing resources designed to address abrupt or substantial changes in the​ 27.5 functioning of the child or the child's family when sudden change in behavior or a loss of​ 27.6 usual coping mechanisms is observed, or the child begins to present a danger to self or​ 27.7 others;​ 27.8 (4) mental health behavioral aide services must be medically necessary treatment services,​ 27.9 identified in the child's individual treatment plan.​ 27.10 To be eligible for medical assistance payment, mental health behavioral aide services must​ 27.11 be delivered to a child who has been diagnosed with an emotional disturbance or a mental​ 27.12 illness, as provided in subdivision 1, paragraph (a). The mental health behavioral aide must​ 27.13 document the delivery of services in written progress notes. Progress notes must reflect​ 27.14 implementation of the treatment strategies, as performed by the mental health behavioral​ 27.15 aide and the child's responses to the treatment strategies; and​ 27.16 (5) mental health service plan development must be performed in consultation with the​ 27.17 child's family and, when appropriate, with other key participants in the child's life by the​ 27.18 child's treating mental health professional or clinical trainee or by a mental health practitioner​ 27.19 and approved by the treating mental health professional. Treatment plan drafting consists​ 27.20 of development, review, and revision by face-to-face or electronic communication. The​ 27.21 provider must document events, including the time spent with the family and other key​ 27.22 participants in the child's life to approve the individual treatment plan. Medical assistance​ 27.23 covers service plan development before completion of the child's individual treatment plan.​ 27.24 Service plan development is covered only if a treatment plan is completed for the child. If​ 27.25 upon review it is determined that a treatment plan was not completed for the child, the​ 27.26 commissioner shall recover the payment for the service plan development.; and​ 27.27 (6) providers of children's care coordination services must be supervised by and enrolled​ 27.28 with Minnesota health care programs and have responsibility for composing and​ 27.29 implementing services related to the child's individual care plan. For children transitioning​ 27.30 out of qualified residential treatment under sections 260C.70 to 260C.83, children's care​ 27.31 coordination must support implementation of recommendations outlined in the individual​ 27.32 transition service plan. The commissioner must cover children's care coordination activities​ 27.33 by client and treatment plan need and shall not be a cap coverage.​ 27​ Sec. 19.​ 23-01173 as introduced​ 01/23/23 REVISOR DTT/NS​ 28.1 Sec. 20. Minnesota Statutes 2022, section 256B.0943, is amended by adding a subdivision​ 28.2 to read:​ 28.3 Subd. 14. At-home services rate enhancement. The commissioner shall implement a​ 28.4 30 percent rate increase to providers of children's therapeutic services and supports for all​ 28.5 services provided directly to the child or family in their home.​ 28.6 Sec. 21. Minnesota Statutes 2022, section 256B.0946, subdivision 7, is amended to read:​ 28.7 Subd. 7. Medical assistance payment and rate setting. The commissioner shall establish​ 28.8 a single daily per-client encounter rate for children's intensive behavioral health services.​ 28.9 The rate must be constructed to cover only eligible services delivered to an eligible recipient​ 28.10 by an eligible provider, as prescribed in subdivision 1, paragraph (b). The rate must be​ 28.11 increased by 30 percent for all services provided directly to the child or family in their home.​ 28.12 Sec. 22. Minnesota Statutes 2022, section 256B.0947, subdivision 7, is amended to read:​ 28.13 Subd. 7. Medical assistance payment and rate setting. (a) Payment for services in this​ 28.14 section must be based on one daily encounter rate per provider inclusive of the following​ 28.15 services received by an eligible client in a given calendar day: all rehabilitative services,​ 28.16 supports, and ancillary activities under this section, staff travel time to provide rehabilitative​ 28.17 services under this section, and crisis response services under section 256B.0624.​ 28.18 (b) Payment must not be made to more than one entity for each client for services​ 28.19 provided under this section on a given day. If services under this section are provided by a​ 28.20 team that includes staff from more than one entity, the team shall determine how to distribute​ 28.21 the payment among the members.​ 28.22 (c) The commissioner shall establish regional cost-based rates for entities that will bill​ 28.23 medical assistance for nonresidential intensive rehabilitative mental health services. In​ 28.24 developing these rates, the commissioner shall consider:​ 28.25 (1) the cost for similar services in the health care trade area;​ 28.26 (2) actual costs incurred by entities providing the services;​ 28.27 (3) the intensity and frequency of services to be provided to each client;​ 28.28 (4) the degree to which clients will receive services other than services under this section;​ 28.29 and​ 28.30 (5) the costs of other services that will be separately reimbursed.​ 28​ Sec. 22.​ 23-01173 as introduced​ 01/23/23 REVISOR DTT/NS​ 29.1 (d) The rate for a provider must not exceed the rate charged by that provider for the​ 29.2 same service to other payers.​ 29.3 (e) The commissioner must apply an enhanced rate of 130 percent for all services provided​ 29.4 directly to the client or family in their home.​ 29.5 Sec. 23. Minnesota Statutes 2022, section 256B.0947, is amended by adding a subdivision​ 29.6 to read:​ 29.7 Subd. 10. Young adult continuity of care. A client who received services under this​ 29.8 section or section 256B.0946 and aged out of eligibility may continue to receive services​ 29.9 from the same providers under this section until the client is 27 years old.​ 29.10 Sec. 24. Minnesota Statutes 2022, section 260C.007, subdivision 6, is amended to read:​ 29.11 Subd. 6. Child in need of protection or services. "Child in need of protection or​ 29.12 services" means a child who is in need of protection or services because the child:​ 29.13 (1) is abandoned or without parent, guardian, or custodian. Abandoned does not include​ 29.14 a parent who cannot take their child home from an emergency room because appropriate​ 29.15 services are not in place or available to keep the child, other family members, or other people​ 29.16 in the home safe;​ 29.17 (2)(i) has been a victim of physical or sexual abuse as defined in section 260E.03,​ 29.18 subdivision 18 or 20, (ii) resides with or has resided with a victim of child abuse as defined​ 29.19 in subdivision 5 or domestic child abuse as defined in subdivision 13, (iii) resides with or​ 29.20 would reside with a perpetrator of domestic child abuse as defined in subdivision 13 or child​ 29.21 abuse as defined in subdivision 5 or 13, or (iv) is a victim of emotional maltreatment as​ 29.22 defined in subdivision 15;​ 29.23 (3) is without necessary food, clothing, shelter, education, or other required care for the​ 29.24 child's physical or mental health or morals because the child's parent, guardian, or custodian​ 29.25 is unable or unwilling to provide that care. This does not include when required and​ 29.26 appropriate care for the child is not available in the mental health system;​ 29.27 (4) is without the special care made necessary by a physical, mental, or emotional​ 29.28 condition because the child's parent, guardian, or custodian is unable or unwilling to provide​ 29.29 that care. This does not include when required and appropriate care for the child is not​ 29.30 available in the mental health system;​ 29.31 (5) is medically neglected, which includes, but is not limited to, the withholding of​ 29.32 medically indicated treatment from an infant with a disability with a life-threatening​ 29​ Sec. 24.​ 23-01173 as introduced​ 01/23/23 REVISOR DTT/NS​ 30.1 condition. The term "withholding of medically indicated treatment" means the failure to​ 30.2 respond to the infant's life-threatening conditions by providing treatment, including​ 30.3 appropriate nutrition, hydration, and medication which, in the treating physician's, advanced​ 30.4 practice registered nurse's, or physician assistant's reasonable medical judgment, will be​ 30.5 most likely to be effective in ameliorating or correcting all conditions, except that the term​ 30.6 does not include the failure to provide treatment other than appropriate nutrition, hydration,​ 30.7 or medication to an infant when, in the treating physician's, advanced practice registered​ 30.8 nurse's, or physician assistant's reasonable medical judgment:​ 30.9 (i) the infant is chronically and irreversibly comatose;​ 30.10 (ii) the provision of the treatment would merely prolong dying, not be effective in​ 30.11 ameliorating or correcting all of the infant's life-threatening conditions, or otherwise be​ 30.12 futile in terms of the survival of the infant; or​ 30.13 (iii) the provision of the treatment would be virtually futile in terms of the survival of​ 30.14 the infant and the treatment itself under the circumstances would be inhumane;​ 30.15 (6) is one whose parent, guardian, or other custodian for good cause desires to be relieved​ 30.16 of the child's care and custody, including a child who entered foster care under a voluntary​ 30.17 placement agreement between the parent and the responsible social services agency under​ 30.18 section 260C.227;​ 30.19 (7) has been placed for adoption or care in violation of law;​ 30.20 (8) is without proper parental care because of the emotional, mental, or physical disability,​ 30.21 or state of immaturity of the child's parent, guardian, or other custodian;​ 30.22 (9) is one whose behavior, condition, or environment is such as to be injurious or​ 30.23 dangerous to the child or others. An injurious or dangerous environment may include, but​ 30.24 is not limited to, the exposure of a child to criminal activity in the child's home;​ 30.25 (10) is experiencing growth delays, which may be referred to as failure to thrive, that​ 30.26 have been diagnosed by a physician and are due to parental neglect;​ 30.27 (11) is a sexually exploited youth;​ 30.28 (12) has committed a delinquent act or a juvenile petty offense before becoming ten​ 30.29 years old;​ 30.30 (13) is a runaway;​ 30.31 (14) is a habitual truant;​ 30​ Sec. 24.​ 23-01173 as introduced​ 01/23/23 REVISOR DTT/NS​ 31.1 (15) has been found incompetent to proceed or has been found not guilty by reason of​ 31.2 mental illness or mental deficiency in connection with a delinquency proceeding, a​ 31.3 certification under section 260B.125, an extended jurisdiction juvenile prosecution, or a​ 31.4 proceeding involving a juvenile petty offense; or​ 31.5 (16) has a parent whose parental rights to one or more other children were involuntarily​ 31.6 terminated or whose custodial rights to another child have been involuntarily transferred to​ 31.7 a relative and there is a case plan prepared by the responsible social services agency​ 31.8 documenting a compelling reason why filing the termination of parental rights petition under​ 31.9 section 260C.503, subdivision 2, is not in the best interests of the child.​ 31.10 Sec. 25. Minnesota Statutes 2022, section 260C.708, is amended to read:​ 31.11 260C.708 OUT-OF-HOME PLACEMENT PLAN FOR QUALIFIED​ 31.12 RESIDENTIAL TREATMENT PROGRAM PLACEMENTS.​ 31.13 (a) When the responsible social services agency places a child in a qualified residential​ 31.14 treatment program as defined in section 260C.007, subdivision 26d, the out-of-home​ 31.15 placement plan must include:​ 31.16 (1) the case plan requirements in section 260C.212;​ 31.17 (2) the reasonable and good faith efforts of the responsible social services agency to​ 31.18 identify and include all of the individuals required to be on the child's family and permanency​ 31.19 team under section 260C.007;​ 31.20 (3) all contact information for members of the child's family and permanency team and​ 31.21 for other relatives who are not part of the family and permanency team;​ 31.22 (4) evidence that the agency scheduled meetings of the family and permanency team,​ 31.23 including meetings relating to the assessment required under section 260C.704, at a time​ 31.24 and place convenient for the family;​ 31.25 (5) evidence that the family and permanency team is involved in the assessment required​ 31.26 under section 260C.704 to determine the appropriateness of the child's placement in a​ 31.27 qualified residential treatment program;​ 31.28 (6) the family and permanency team's placement preferences for the child in the​ 31.29 assessment required under section 260C.704. When making a decision about the child's​ 31.30 placement preferences, the family and permanency team must recognize:​ 31​ Sec. 25.​ 23-01173 as introduced​ 01/23/23 REVISOR DTT/NS​ 32.1 (i) that the agency should place a child with the child's siblings unless a court finds that​ 32.2 placing a child with the child's siblings is not possible due to a child's specialized placement​ 32.3 needs or is otherwise contrary to the child's best interests; and​ 32.4 (ii) that the agency should place an Indian child according to the requirements of the​ 32.5 Indian Child Welfare Act, the Minnesota Family Preservation Act under sections 260.751​ 32.6 to 260.835, and section 260C.193, subdivision 3, paragraph (g);​ 32.7 (7) when reunification of the child with the child's parent or legal guardian is the agency's​ 32.8 goal, evidence demonstrating that the parent or legal guardian provided input about the​ 32.9 members of the family and permanency team under section 260C.706;​ 32.10 (8) when the agency's permanency goal is to reunify the child with the child's parent or​ 32.11 legal guardian, the out-of-home placement plan must identify services and supports that​ 32.12 maintain the parent-child relationship and the parent's legal authority, decision-making, and​ 32.13 responsibility for ongoing planning for the child. In addition, the agency must assist the​ 32.14 parent with visiting and contacting the child;​ 32.15 (9) when the agency's permanency goal is to transfer permanent legal and physical​ 32.16 custody of the child to a proposed guardian or to finalize the child's adoption, the case plan​ 32.17 must document the agency's steps to transfer permanent legal and physical custody of the​ 32.18 child or finalize adoption, as required in section 260C.212, subdivision 1, paragraph (c),​ 32.19 clauses (6) and (7); and​ 32.20 (10) the qualified individual's recommendation regarding the child's placement in a​ 32.21 qualified residential treatment program and the court approval or disapproval of the placement​ 32.22 as required in section 260C.71.​ 32.23 (b) If the placement preferences of the family and permanency team, child, and tribe, if​ 32.24 applicable, are not consistent with the placement setting that the qualified individual​ 32.25 recommends, the case plan must include the reasons why the qualified individual did not​ 32.26 recommend following the preferences of the family and permanency team, child, and the​ 32.27 tribe.​ 32.28 (c) The agency must file the out-of-home placement plan with the court as part of the​ 32.29 60-day court order under section 260C.71.​ 32.30 (d) The agency must provide aftercare services as defined by the federal Family First​ 32.31 Prevention Services Act to the child for the six months following discharge from the qualified​ 32.32 residential treatment program. The services may include children's care coordination as​ 32​ Sec. 25.​ 23-01173 as introduced​ 01/23/23 REVISOR DTT/NS​ 33.1 defined in section 256B.0943, subdivision 1, paragraph (a), and family peer specialists under​ 33.2 section 256B.0616.​ 33.3 Sec. 26. RURAL FAMILY RESPONSE AND STABILIZATION SERVICES PILOT​ 33.4 PROGRAM.​ 33.5 (a) The commissioner of human services must establish a pilot program to provide family​ 33.6 response and stabilization services in rural areas. Services must be provided at no cost to​ 33.7 families with children ages five to 18 who have a mental illness and must include:​ 33.8 (1) an immediate in-person response within one hour;​ 33.9 (2) support and engagement for up to 72 hours following the initial contact;​ 33.10 (3) connection to supports and resources in the community; and​ 33.11 (4) an optional stabilization service for up to eight weeks to help children and families​ 33.12 navigate systems, put natural and formal supports in place, and improve ability to manage​ 33.13 symptoms and unsafe behaviors.​ 33.14 (b) The commissioner must require reporting and establish program objectives including:​ 33.15 (1) increasing mental health support to families in rural areas;​ 33.16 (2) reducing emergency department utilization;​ 33.17 (3) reducing total days rural children with mental illness spend out of home; and​ 33.18 (4) reducing law enforcement and juvenile justice involvement.​ 33.19 Sec. 27. DIRECTION TO THE COMMISSIONER.​ 33.20 The commissioner of human services must update the behavioral health fund room and​ 33.21 board rate schedule to include services provided under Minnesota Statutes, section 245.4882,​ 33.22 for individuals who do not have a placement under Minnesota Statutes, chapter 260C or​ 33.23 260D. The commissioner must establish room and board rates commensurate with current​ 33.24 room and board rates for adolescent programs licensed under Minnesota Statutes, section​ 33.25 245G.18.​ 33.26 Sec. 28. DIRECTION TO THE COMMISSIONER TO MAXIMIZE EXISTING​ 33.27 MEDICAID BENEFITS TO DELIVER FAMILY-FOCUSED CHILDREN'S MENTAL​ 33.28 HEALTH CARE.​ 33.29 The commissioner shall assemble experts in children's mental health and the Minnesota​ 33.30 state Medicaid plan to conduct a thorough review of the state Medicaid plan to identify​ 33​ Sec. 28.​ 23-01173 as introduced​ 01/23/23 REVISOR DTT/NS​ 34.1 opportunities to utilize existing benefits to deliver family-focused children's mental health​ 34.2 care that includes family in-treatment planning, skill building, and services as appropriate​ 34.3 to optimize outcomes for children. The commissioner shall include service leaders in areas​ 34.4 of outpatient and residential service delivery and administration, mental health advocates​ 34.5 representing family and youth voices, county children's mental health service leaders, and​ 34.6 state Medicaid plan experts to review and identify where approved authority in the state​ 34.7 Medicaid plan can further support service delivery to children within a family-centered​ 34.8 mental health framework. The commissioner shall develop and report a summary of findings​ 34.9 to the chairs and ranking minority members of the legislative committees and divisions with​ 34.10 jurisdiction over health and human services policy and finance by January 1, 2024.​ 34.11 Sec. 29. DIRECTION TO COMMISSIONER; COLLABORATIVE INTENSIVE​ 34.12 BRIDGING SERVICES.​ 34.13 No later than June 30, 2026, the commissioner of human services shall request approval​ 34.14 of a benefit and corresponding rate from the Centers for Medicare and Medicaid Services​ 34.15 to support collaborative intensive bridging services. The commissioner shall use all available​ 34.16 supporting data and consult with counties, service providers, and evaluators in making the​ 34.17 request.​ 34.18 Sec. 30. APPROPRIATION.​ 34.19 $....... in fiscal year 2024 and $....... in fiscal year 2025 are appropriated from the general​ 34.20 fund to the commissioner of human services for additional funding for grants awarded under​ 34.21 the child and adult transition to community initiative in Minnesota Statutes, section 256.478.​ 34.22 Sec. 31. APPROPRIATION; RESPITE CARE SERVICES.​ 34.23 $350,000 in fiscal year 2024 and $350,000 in fiscal year 2025 are appropriated from the​ 34.24 general fund to the commissioner of human services for children's mental health grants​ 34.25 under Minnesota Statutes, section 245.4889, subdivision 1, paragraph (b), clause (3), to​ 34.26 provide respite care services to families of children with serious mental illness.​ 34.27 Sec. 32. APPROPRIATION; CHILDREN'S SCHOOL-LINKED MENTAL HEALTH​ 34.28 GRANTS.​ 34.29 $....... in fiscal year 2024 and $....... in fiscal year 2025 are appropriated from the general​ 34.30 fund to the commissioner of human services for children's school-linked mental health​ 34.31 services. At least 25 percent of the new funding must be targeted to providers that can serve​ 34​ Sec. 32.​ 23-01173 as introduced​ 01/23/23 REVISOR DTT/NS​ 35.1 schools that have the highest percentage of special education students categorized as having​ 35.2 an emotional or behavioral disorder or being high poverty. The commissioner shall ensure​ 35.3 that grants are distributed to rural and urban counties. The commissioner shall require​ 35.4 grantees to use all available third-party reimbursement sources as a condition of receipt of​ 35.5 grant funds. The commissioner shall consult with school districts that have not received​ 35.6 school-linked mental health grants but want to collaborate with a community mental health​ 35.7 provider. The commissioner shall also work with culturally specific providers so that the​ 35.8 providers can serve students from their community in multiple schools. When administering​ 35.9 grants under this program, the commissioner shall take into account the need to have​ 35.10 consistency of providers over time among schools and students.​ 35.11 Sec. 33. APPROPRIATION; SHELTER-LINKED MENTAL HEALTH GRANTS.​ 35.12 $....... in fiscal year 2024 and $....... in fiscal year 2025 are appropriated from the general​ 35.13 fund to the commissioner of human services for shelter-linked youth mental health grants​ 35.14 under Minnesota Statutes, section 256K.46.​ 35.15 Sec. 34. APPROPRIATION.​ 35.16 $....... in fiscal year 2024 is appropriated from the general fund to the commissioner of​ 35.17 human services to increase the staffing of the state medical review team to ensure timely​ 35.18 processing of disability determinations, including case specialists, disability analysts, appeals​ 35.19 staff, and supervisors.​ 35.20 Sec. 35. APPROPRIATION.​ 35.21 $....... in fiscal year 2024 and $....... in fiscal year 2025 are appropriated from the general​ 35.22 fund to the commissioner of human services to expand early childhood mental health services​ 35.23 under Minnesota Statutes, section 245.4889, subdivision 1, paragraph (b), clause (9), and​ 35.24 early childhood mental health consultation grants under Minnesota Statutes, section 245.4889,​ 35.25 subdivision 1, paragraph (b), clause (14). Mental health consultation grants must be to early​ 35.26 learning programs in schools, family home visiting programs, public health programs, and​ 35.27 health care settings. Mental health consultation includes a mental health professional with​ 35.28 early childhood competency providing training, regular on-site consultation to staff serving​ 35.29 high-risk and low-income families, and referrals to clinical services for parents and children​ 35.30 struggling with mental health conditions. The commissioner shall award money​ 35.31 proportionately among current grantees based on the number of regions a grantee serves.​ 35​ Sec. 35.​ 23-01173 as introduced​ 01/23/23 REVISOR DTT/NS​ 36.1 Sec. 36. APPROPRIATION.​ 36.2 $....... in fiscal year 2024 and $....... in fiscal year 2025 are appropriated from the general​ 36.3 fund to the commissioner of human services to cover administrative costs of expanding​ 36.4 MFIP child care assistance to child-only cases under Minnesota Statutes, section 119B.05,​ 36.5 subdivision 1, clause (7).​ 36.6 Sec. 37. APPROPRIATION.​ 36.7 $....... in fiscal year 2024 is appropriated from the general fund to the commissioner of​ 36.8 human services to provide ongoing training to mobile crisis teams on providing crisis​ 36.9 assessment, intervention, and stabilization services to children and working with families​ 36.10 in crisis situations.​ 36.11 Sec. 38. APPROPRIATION.​ 36.12 $....... in fiscal year 2024 is appropriated from the general fund to the commissioner of​ 36.13 human services for a grant to fund a family response and stabilization services pilot project​ 36.14 in rural Minnesota. The department must develop a request for proposal for counties and​ 36.15 adult mental health initiatives in rural Minnesota to meet the requirements of the pilot​ 36.16 program. A county or adult mental health initiative may serve multiple counties provided​ 36.17 the grantee can respond in-person within one hour in the established service area.​ 36.18 Sec. 39. APPROPRIATION; PSYCHIATRIC RESIDENTIAL TREATMENT​ 36.19 FACILITIES.​ 36.20 $2,000,000 in fiscal year 2024 and $1,500,000 in fiscal year 2025 are appropriated from​ 36.21 the general fund to the commissioner of human services for start-up and capacity development​ 36.22 grants to psychiatric residential treatment facilities as described in Minnesota Statutes,​ 36.23 section 256B.0941. Grantees may use grant money to increase capacity in existing facilities,​ 36.24 support additional training and equipment to serve specialized child needs, and address the​ 36.25 emergency workforce shortage.​ 36.26 Sec. 40. APPROPRIATION; TRAINING GRANTS FOR INTENSIVE IN-HOME​ 36.27 SERVICES.​ 36.28 $1,250,000 in fiscal year 2024 is appropriated from the general fund to the commissioner​ 36.29 of human services for grants for training of staff providing intensive in-home children's​ 36.30 mental health care under Minnesota Statutes, sections 256B.0943, 256B.0946, and​ 36.31 256B.0947. Grant money shall be to reimburse certified providers for training on​ 36​ Sec. 40.​ 23-01173 as introduced​ 01/23/23 REVISOR DTT/NS​ 37.1 evidence-based practices, trauma-informed approaches, and de-escalation and train-the-trainer​ 37.2 models to equip staff and families accessing intensive mental health care models to effectively​ 37.3 care for children while they access treatment and maintain safety.​ 37.4 Sec. 41. APPROPRIATION; COLLABORATIVE INTENSIVE BRIDGING​ 37.5 SERVICES.​ 37.6 $....... in fiscal year 2024 and $....... in fiscal year 2025 are appropriated from the general​ 37.7 fund to the commissioner of human services for grants to sustain existing mental health​ 37.8 infrastructure. The grant must include money for:​ 37.9 (1) maintaining current levels of collaborative intensive bridging services and evaluation;​ 37.10 (2) limited expansions of collaborative intensive bridging services and evaluation; and​ 37.11 (3) training and technical assistance by an expert contractor with experience in​ 37.12 collaborative intensive bridging services to counties and service providers on maintaining​ 37.13 fidelity to the collaborative intensive bridging services model.​ 37.14 Sec. 42. APPROPRIATION; CHILDREN'S MENTAL HEALTH DISCHARGE​ 37.15 OPTIONS.​ 37.16 $....... in fiscal year 2024 and $....... in fiscal year 2025 are appropriated from the general​ 37.17 fund to the commissioner of human services for developing placement options for children​ 37.18 with mental illness whose discharge from the emergency room is delayed because no other​ 37.19 options for their care are available.​ 37.20 Sec. 43. APPROPRIATION; CHILD FIRST PROGRAMS.​ 37.21 $810,000 in fiscal year 2024 and $1,800,000 in fiscal year 2025 are appropriated from​ 37.22 the general fund to the commissioner of human services for grants to start up, expand, or​ 37.23 sustain child first programs in metropolitan and rural areas of the state to serve families in​ 37.24 accordance with the child first model as defined by the National Service Office for​ 37.25 Nurse-Family Partnership and Child First. Grants must be provided to community-based​ 37.26 mental health organizations, family service organizations, hospital systems and pediatric​ 37.27 providers, early care and education providers, and university-based family or mental health​ 37.28 programs.​ 37​ Sec. 43.​ 23-01173 as introduced​ 01/23/23 REVISOR DTT/NS​