1.1 	A bill for an act
1.2 	relating to human services; allowing interactive video for targeted case 
1.3 	management;amending Minnesota Statutes 2014, sections 256B.0621, 
1.4 	subdivision 10; 256B.0924, by adding a subdivision; Minnesota Statutes 2015 
1.5 	Supplement, section 256B.0625, subdivision 20.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2014, section 256B.0621, subdivision 10, is amended to 
1.8 	read:
1.9 		Subd. 10.Payment rates. The commissioner shall set payment rates for targeted 
1.10 	case management under this subdivision. Case managers may bill according to the 
1.11 	following criteria:
1.12 	(1) for relocation targeted case management, case managers may bill for direct case 
1.13 	management activities, including face-to-face and,  telephone contacts, and interactive 
1.14 	video contact in accordance with section 256B.0924, subdivision 4a, in the lesser of:
1.15 	(i) 180 days preceding an eligible recipient's discharge from an institution; or
1.16 	(ii) the limits and conditions which apply to federal Medicaid funding for this service;
1.17 	(2) for home care targeted case management, case managers may bill for direct case 
1.18 	management activities, including face-to-face and telephone contacts; and
1.19 	(3) billings for targeted case management services under this subdivision shall not 
1.20 	duplicate payments made under other program authorities for the same purpose.

1.21 	Sec. 2. Minnesota Statutes 2015 Supplement, section 256B.0625, subdivision 20, 
1.22 	is amended to read:
1.23 		Subd. 20.Mental health targeted case management. (a) To the extent authorized 
1.24 	by rule of the state agency, medical assistance covers case management services to persons 
2.1 	with serious and persistent mental illness and children with severe emotional disturbance. 
2.2 	Services provided under this section must meet the relevant standards in sections 245.461 
2.3 	to 245.4887, the Comprehensive Adult and Children's Mental Health Acts, Minnesota 
2.4 	Rules, parts 9520.0900 to 9520.0926, and 9505.0322, excluding subpart 10.
2.5 	(b) Entities meeting program standards set out in rules governing family community 
2.6 	support services as defined in section 245.4871, subdivision 17, are eligible for medical 
2.7 	assistance reimbursement for case management services for children with severe 
2.8 	emotional disturbance when these services meet the program standards in Minnesota 
2.9 	Rules, parts 9520.0900 to 9520.0926 and 9505.0322, excluding subparts 6 and 10.
2.10 	(c) Medical assistance and MinnesotaCare payment for mental health case 
2.11 	management shall be made on a monthly basis. In order to receive payment for an eligible 
2.12 	child, the provider must document at least a face-to-face contact with the child, the child's 
2.13 	parents, or the child's legal representative. To receive payment for an eligible adult, the 
2.14 	provider must document:
2.15 	(1) at least a face-to-face contact with the adult or the adult's legal representative; or
2.16 	(2) at least a telephone contact with the adult or the adult's legal representative and 
2.17 	document a face-to-face contact with the adult or the adult's legal representative within the 
2.18 	preceding two months; or
2.19 	(3) at least a contact by interactive video that meets the requirements of section 
2.20 	256B.0924, subdivision 4a.
2.21 	(d) Payment for mental health case management provided by county or state staff 
2.22 	shall be based on the monthly rate methodology under section 256B.094, subdivision 6, 
2.23 	paragraph (b), with separate rates calculated for child welfare and mental health, and 
2.24 	within mental health, separate rates for children and adults.
2.25 	(e) Payment for mental health case management provided by Indian health services 
2.26 	or by agencies operated by Indian tribes may be made according to this section or other 
2.27 	relevant federally approved rate setting methodology.
2.28 	(f) Payment for mental health case management provided by vendors who contract 
2.29 	with a county or Indian tribe shall be based on a monthly rate negotiated by the host county 
2.30 	or tribe. The negotiated rate must not exceed the rate charged by the vendor for the same 
2.31 	service to other payers. If the service is provided by a team of contracted vendors, the 
2.32 	county or tribe may negotiate a team rate with a vendor who is a member of the team. The 
2.33 	team shall determine how to distribute the rate among its members. No reimbursement 
2.34 	received by contracted vendors shall be returned to the county or tribe, except to reimburse 
2.35 	the county or tribe for advance funding provided by the county or tribe to the vendor.
3.1 	(g) If the service is provided by a team which includes contracted vendors, tribal 
3.2 	staff, and county or state staff, the costs for county or state staff participation in the team 
3.3 	shall be included in the rate for county-provided services. In this case, the contracted 
3.4 	vendor, the tribal agency, and the county may each receive separate payment for services 
3.5 	provided by each entity in the same month. In order to prevent duplication of services, 
3.6 	each entity must document, in the recipient's file, the need for team case management and 
3.7 	a description of the roles of the team members.
3.8 	(h) Notwithstanding section 256B.19, subdivision 1, the nonfederal share of costs 
3.9 	for mental health case management shall be provided by the recipient's county of 
3.10 	responsibility, as defined in sections 256G.01 to 256G.12, from sources other than federal 
3.11 	funds or funds used to match other federal funds. If the service is provided by a tribal 
3.12 	agency, the nonfederal share, if any, shall be provided by the recipient's tribe. When this 
3.13 	service is paid by the state without a federal share through fee-for-service, 50 percent of 
3.14 	the cost shall be provided by the recipient's county of responsibility.
3.15 	(i) Notwithstanding any administrative rule to the contrary, prepaid medical 
3.16 	assistance, general assistance medical care, and MinnesotaCare include mental health case 
3.17 	management. When the service is provided through prepaid capitation, the nonfederal 
3.18 	share is paid by the state and the county pays no share.
3.19 	(j) The commissioner may suspend, reduce, or terminate the reimbursement to a 
3.20 	provider that does not meet the reporting or other requirements of this section. The county 
3.21 	of responsibility, as defined in sections 256G.01 to 256G.12, or, if applicable, the tribal 
3.22 	agency, is responsible for any federal disallowances. The county or tribe may share this 
3.23 	responsibility with its contracted vendors.
3.24 	(k) The commissioner shall set aside a portion of the federal funds earned for county 
3.25 	expenditures under this section to repay the special revenue maximization account under 
3.26 	section 256.01, subdivision 2, paragraph (o). The repayment is limited to:
3.27 	(1) the costs of developing and implementing this section; and
3.28 	(2) programming the information systems.
3.29 	(l) Payments to counties and tribal agencies for case management expenditures 
3.30 	under this section shall only be made from federal earnings from services provided 
3.31 	under this section. When this service is paid by the state without a federal share through 
3.32 	fee-for-service, 50 percent of the cost shall be provided by the state. Payments to 
3.33 	county-contracted vendors shall include the federal earnings, the state share, and the 
3.34 	county share.
3.35 	(m) Case management services under this subdivision do not include therapy, 
3.36 	treatment, legal, or outreach services.
4.1 	(n) If the recipient is a resident of a nursing facility, intermediate care facility, or 
4.2 	hospital, and the recipient's institutional care is paid by medical assistance, payment for 
4.3 	case management services under this subdivision is limited to the lesser of:
4.4 	(1) the last 180 days of the recipient's residency in that facility and may not exceed 
4.5 	more than six months in a calendar year; or
4.6 	(2) the limits and conditions which apply to federal Medicaid funding for this service.
4.7 	(o) Payment for case management services under this subdivision shall not duplicate 
4.8 	payments made under other program authorities for the same purpose.

4.9 	Sec. 3. Minnesota Statutes 2014, section 256B.0924, is amended by adding a 
4.10 	subdivision to read:
4.11 		Subd. 4a.Targeted case management through interactive video. (a) Subject to 
4.12 	federal approval, contact made for targeted case management by interactive video shall be 
4.13 	eligible for payment under subdivision 6, if:
4.14 	(1) the person receiving targeted case management services is in a setting that is 
4.15 	staffed 24 hours per day, seven days per week;
4.16 	(2) interactive video is in the best interests of the person and is deemed appropriate 
4.17 	by the provider;
4.18 	(3) the use of interactive video is approved as part of the person's written personal 
4.19 	service or case plan; and
4.20 	(4) interactive video is used for up to, but not more than, 50 percent of the minimum 
4.21 	required face-to-face contacts.
4.22 	(b) The commissioner of human services shall seek any federal approval necessary 
4.23 	to implement paragraph (a).