1.1                          A bill for an act 
  1.2             relating to human services; ensuring that exclusive 
  1.3             bargaining representatives are informed about and 
  1.4             allowed to participate in development of mental health 
  1.5             pilot projects; amending Laws 1995, chapter 207, 
  1.6             article 8, section 41, subdivision 6. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Laws 1995, chapter 207, article 8, section 41, 
  1.9   subdivision 6, is amended to read: 
  1.10     Subd. 6.  [DUTIES OF COMMISSIONER.] (a) For purposes of the 
  1.11  pilot projects, the commissioner shall facilitate integration of 
  1.12  funds or other resources as needed and requested by each 
  1.13  project.  These resources may include: 
  1.14     (1) residential services funds administered under Minnesota 
  1.15  Rules, parts 9535.2000 to 9535.3000, in an amount to be 
  1.16  determined by mutual agreement between the project's managing 
  1.17  entity and the commissioner of human services after an 
  1.18  examination of the county's historical utilization of facilities 
  1.19  located both within and outside of the county and licensed under 
  1.20  Minnesota Rules, parts 9520.0500 to 9520.0690; 
  1.21     (2) community support services funds administered under 
  1.22  Minnesota Rules, parts 9535.1700 to 9535.1760; 
  1.23     (3) other mental health special project funds; 
  1.24     (4) medical assistance, general assistance medical care, 
  1.25  MinnesotaCare and group residential housing if requested by the 
  1.26  project's managing entity, and if the commissioner determines 
  2.1   this would be consistent with the state's overall health care 
  2.2   reform efforts; and 
  2.3      (5) regional treatment center nonfiscal resources to the 
  2.4   extent agreed to by the project's managing entity and the 
  2.5   regional treatment center. 
  2.6      (b) The commissioner shall consider the following criteria 
  2.7   in awarding start-up and implementation grants for the pilot 
  2.8   projects: 
  2.9      (1) the ability of the proposed projects to accomplish the 
  2.10  objectives described in subdivision 2; 
  2.11     (2) the size of the target population to be served; and 
  2.12     (3) geographical distribution. 
  2.13     (c) The commissioner shall review overall status of the 
  2.14  projects at least every two years and recommend any legislative 
  2.15  changes needed by January 15 of each odd-numbered year. 
  2.16     (d) The commissioner may waive administrative rule 
  2.17  requirements which are incompatible with the implementation of 
  2.18  the pilot project. 
  2.19     (e) The commissioner may exempt the participating counties 
  2.20  from fiscal sanctions for noncompliance with requirements in 
  2.21  laws and rules which are incompatible with the implementation of 
  2.22  the pilot project. 
  2.23     (f) The commissioner may award grants to an entity 
  2.24  designated by a county board or group of county boards to pay 
  2.25  for start-up and implementation costs of the pilot project. 
  2.26     (g) The commissioner shall ensure that exclusive bargaining 
  2.27  representatives are informed about and allowed to participate in 
  2.28  all aspects of the development of adult mental health pilot 
  2.29  projects.  Prior to authorizing additional funding for any 
  2.30  county adult mental health pilot project, the commissioner of 
  2.31  human services shall obtain the written concurrence of the 
  2.32  affected exclusive bargaining representative ensuring that the 
  2.33  mental health pilot project: 
  2.34     (1) does not infringe on existing collective bargaining 
  2.35  agreements or the relationships between public employees and 
  2.36  their employers; 
  3.1      (2) does not displace any existing position or employee and 
  3.2   will effectively use bargaining unit employees; and 
  3.3      (3) will foster cooperative and constructive labor 
  3.4   management practices under Minnesota Statutes, chapters 43A and 
  3.5   179A.