1.1 	A bill for an act
1.2 	relating to human services; modifying human service provisions in community 
1.3 	supports;amending Minnesota Statutes 2020, sections 245D.12; 256.01, by adding 
1.4 	a subdivision; 256B.0659, subdivision 19; 256K.26, subdivisions 6, 7; 256Q.06, 
1.5 	by adding a subdivision; Minnesota Statutes 2021 Supplement, sections 62A.673, 
1.6 	subdivision 2; 148F.11, subdivision 1; 245.467, subdivisions 2, 3; 245.4871, 
1.7 	subdivision 21; 245.4876, subdivisions 2, 3; 245.735, subdivision 3; 245A.03, 
1.8 	subdivision 7; 245I.04, subdivision 4; 245I.05, subdivision 3; 245I.10, subdivisions 
1.9 	2, 6; 254B.05, subdivision 5; 256B.0622, subdivision 2; 256B.0625, subdivision 
1.10 	3b; 256B.0671, subdivision 6; 256B.0911, subdivision 3a; 256B.0946, subdivision 
1.11 	1; 256B.0947, subdivision 6; 256B.0949, subdivisions 2, 13; 256P.01, subdivision 
1.12 	6a; Laws 2020, First Special Session chapter 7, section 1, subdivision 1, as 
1.13 	amended; repealing Minnesota Statutes 2020, sections 254A.04; 254B.14, 
1.14 	subdivisions 1, 2, 3, 4, 6; Minnesota Statutes 2021 Supplement, section 254B.14, 
1.15 	subdivision 5.
1.16 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.17 	Section 1. Minnesota Statutes 2021 Supplement, section 62A.673, subdivision 2, is 
1.18 	amended to read:
1.19 		Subd. 2.Definitions. (a) For purposes of this section, the terms defined in this subdivision 
1.20 	have the meanings given.
1.21 	(b) "Distant site" means a site at which a health care provider is located while providing 
1.22 	health care services or consultations by means of telehealth.
1.23 	(c) "Health care provider" means a health care professional who is licensed or registered 
1.24 	by the state to perform health care services within the provider's scope of practice and in 
1.25 	accordance with state law. A health care provider includes a mental health professional ~~as~~ 
1.26 	~~defined~~ under section ~~245.462, subdivision 18, or 245.4871, subdivision 27~~ 245I.04, 
1.27 	subdivision 2; a mental health practitioner ~~as defined~~ under section ~~245.462, subdivision~~ 
2.1 	~~17, or 245.4871, subdivision 26~~ 245I.04, subdivision 4; a clinical trainee under section 
2.2 	245I.04, subdivision 6; a treatment coordinator under section 245G.11, subdivision 7; an 
2.3 	alcohol and drug counselor under section 245G.11, subdivision 5; and a recovery peer under 
2.4 	section 245G.11, subdivision 8.
2.5 	(d) "Health carrier" has the meaning given in section 62A.011, subdivision 2.
2.6 	(e) "Health plan" has the meaning given in section 62A.011, subdivision 3. Health plan 
2.7 	includes dental plans as defined in section 62Q.76, subdivision 3, but does not include dental 
2.8 	plans that provide indemnity-based benefits, regardless of expenses incurred, and are designed 
2.9 	to pay benefits directly to the policy holder.
2.10 	(f) "Originating site" means a site at which a patient is located at the time health care 
2.11 	services are provided to the patient by means of telehealth. For purposes of store-and-forward 
2.12 	technology, the originating site also means the location at which a health care provider 
2.13 	transfers or transmits information to the distant site.
2.14 	(g) "Store-and-forward technology" means the asynchronous electronic transfer or 
2.15 	transmission of a patient's medical information or data from an originating site to a distant 
2.16 	site for the purposes of diagnostic and therapeutic assistance in the care of a patient.
2.17 	(h) "Telehealth" means the delivery of health care services or consultations through the 
2.18 	use of real time two-way interactive audio and visual communications to provide or support 
2.19 	health care delivery and facilitate the assessment, diagnosis, consultation, treatment, 
2.20 	education, and care management of a patient's health care. Telehealth includes the application 
2.21 	of secure video conferencing, store-and-forward technology, and synchronous interactions 
2.22 	between a patient located at an originating site and a health care provider located at a distant 
2.23 	site. Until July 1, 2023, telehealth also includes audio-only communication between a health 
2.24 	care provider and a patient in accordance with subdivision 6, paragraph (b). Telehealth does 
2.25 	not include communication between health care providers that consists solely of a telephone 
2.26 	conversation, e-mail, or facsimile transmission. Telehealth does not include communication 
2.27 	between a health care provider and a patient that consists solely of an e-mail or facsimile 
2.28 	transmission. Telehealth does not include telemonitoring services as defined in paragraph 
2.29 	(i).
2.30 	(i) "Telemonitoring services" means the remote monitoring of clinical data related to 
2.31 	the enrollee's vital signs or biometric data by a monitoring device or equipment that transmits 
2.32 	the data electronically to a health care provider for analysis. Telemonitoring is intended to 
2.33 	collect an enrollee's health-related data for the purpose of assisting a health care provider 
2.34 	in assessing and monitoring the enrollee's medical condition or status.

3.1 	EFFECTIVE DATE. This section is effective July 1, 2022, or upon federal approval, 
3.2 	whichever is later. The commissioner of human services shall notify the revisor of statutes 
3.3 	when federal approval is obtained.

3.4 	Sec. 2. Minnesota Statutes 2021 Supplement, section 148F.11, subdivision 1, is amended 
3.5 	to read:
3.6 		Subdivision 1.Other professionals. (a) Nothing in this chapter prevents members of 
3.7 	other professions or occupations from performing functions for which they are qualified or 
3.8 	licensed. This exception includes, but is not limited to: licensed physicians; registered nurses; 
3.9 	licensed practical nurses; licensed psychologists and licensed psychological practitioners; 
3.10 	members of the clergy provided such services are provided within the scope of regular 
3.11 	ministries; American Indian medicine men and women; licensed attorneys; probation officers; 
3.12 	licensed marriage and family therapists; licensed social workers; social workers employed 
3.13 	by city, county, or state agencies; licensed professional counselors; licensed professional 
3.14 	clinical counselors; licensed school counselors; registered occupational therapists or 
3.15 	occupational therapy assistants; Upper Midwest Indian Council on Addictive Disorders 
3.16 	(UMICAD) certified counselors when providing services to Native American people; city, 
3.17 	county, or state employees when providing assessments or case management under Minnesota 
3.18 	Rules, chapter 9530; and ~~individuals defined in section 256B.0623, subdivision 5, clauses~~ 
3.19 	~~(1) to (6),~~ staff persons providing co-occurring substance use disorder treatment in adult 
3.20 	mental health rehabilitative programs certified or licensed by the Department of Human 
3.21 	Services under section 245I.23, 256B.0622, or 256B.0623.
3.22 	(b) Nothing in this chapter prohibits technicians and resident managers in programs 
3.23 	licensed by the Department of Human Services from discharging their duties as provided 
3.24 	in Minnesota Rules, chapter 9530.
3.25 	(c) Any person who is exempt from licensure under this section must not use a title 
3.26 	incorporating the words "alcohol and drug counselor" or "licensed alcohol and drug 
3.27 	counselor" or otherwise hold himself or herself out to the public by any title or description 
3.28 	stating or implying that he or she is engaged in the practice of alcohol and drug counseling, 
3.29 	or that he or she is licensed to engage in the practice of alcohol and drug counseling, unless 
3.30 	that person is also licensed as an alcohol and drug counselor. Persons engaged in the practice 
3.31 	of alcohol and drug counseling are not exempt from the board's jurisdiction solely by the 
3.32 	use of one of the titles in paragraph (a).

4.1 	EFFECTIVE DATE. This section is effective July 1, 2022, or upon federal approval, 
4.2 	whichever is later. The commissioner of human services shall notify the revisor of statutes 
4.3 	when federal approval is obtained.

4.4 	Sec. 3. Minnesota Statutes 2021 Supplement, section 245.467, subdivision 2, is amended 
4.5 	to read:
4.6 		Subd. 2.Diagnostic assessment. ~~Providers~~ A provider of services governed by this 
4.7 	section must complete a diagnostic assessment of a client according to the standards of 
4.8 	section 245I.10~~, subdivisions 4 to 6~~.

4.9 	EFFECTIVE DATE. This section is effective July 1, 2022, or upon federal approval, 
4.10 	whichever is later. The commissioner of human services shall notify the revisor of statutes 
4.11 	when federal approval is obtained.

4.12 	Sec. 4. Minnesota Statutes 2021 Supplement, section 245.467, subdivision 3, is amended 
4.13 	to read:
4.14 		Subd. 3.Individual treatment plans. ~~Providers~~ A provider of services governed by 
4.15 	this section must complete an individual treatment plan for a client according to the standards 
4.16 	of section 245I.10, subdivisions 7 and 8.

4.17 	EFFECTIVE DATE. This section is effective July 1, 2022, or upon federal approval, 
4.18 	whichever is later. The commissioner of human services shall notify the revisor of statutes 
4.19 	when federal approval is obtained.

4.20 	Sec. 5. Minnesota Statutes 2021 Supplement, section 245.4871, subdivision 21, is amended 
4.21 	to read:
4.22 		Subd. 21.Individual treatment plan. (a) "Individual treatment plan" means the 
4.23 	formulation of planned services that are responsive to the needs and goals of a client. An 
4.24 	individual treatment plan must be completed according to section 245I.10, subdivisions 7
4.25 	and 8.
4.26 	(b) A children's residential facility licensed under Minnesota Rules, chapter 2960, is 
4.27 	exempt from the requirements of section 245I.10, subdivisions 7 and 8. Instead, the individual 
4.28 	treatment plan must:
4.29 	(1) include a written plan of intervention, treatment, and services for a child with an 
4.30 	emotional disturbance that the service provider develops under the clinical supervision of 
4.31 	a mental health professional on the basis of a diagnostic assessment;
5.1 	(2) be developed in conjunction with the family unless clinically inappropriate; and
5.2 	(3) identify goals and objectives of treatment, treatment strategy, a schedule for 
5.3 	accomplishing treatment goals and objectives, and the individuals responsible for providing 
5.4 	treatment to the child with an emotional disturbance.

5.5 	EFFECTIVE DATE. This section is effective July 1, 2022, or upon federal approval, 
5.6 	whichever is later. The commissioner of human services shall notify the revisor of statutes 
5.7 	when federal approval is obtained.

5.8 	Sec. 6. Minnesota Statutes 2021 Supplement, section 245.4876, subdivision 2, is amended 
5.9 	to read:
5.10 		Subd. 2.Diagnostic assessment. ~~Providers~~ A provider of services governed by this 
5.11 	section ~~shall~~ must complete a diagnostic assessment of a client according to the standards 
5.12 	of section 245I.10~~, subdivisions 4 to 6~~. Notwithstanding the required timelines for completing 
5.13 	a diagnostic assessment in section 245I.10, a children's residential facility licensed under 
5.14 	Minnesota Rules, chapter 2960, that provides mental health services to children must, within 
5.15 	ten days of the client's admission: (1) complete the client's diagnostic assessment; or (2) 
5.16 	review and update the client's diagnostic assessment with a summary of the child's current 
5.17 	mental health status and service needs if a diagnostic assessment is available that was 
5.18 	completed within 180 days preceding admission and the client's mental health status has 
5.19 	not changed markedly since the diagnostic assessment.

5.20 	EFFECTIVE DATE. This section is effective July 1, 2022, or upon federal approval, 
5.21 	whichever is later. The commissioner of human services shall notify the revisor of statutes 
5.22 	when federal approval is obtained.

5.23 	Sec. 7. Minnesota Statutes 2021 Supplement, section 245.4876, subdivision 3, is amended 
5.24 	to read:
5.25 		Subd. 3.Individual treatment plans. ~~Providers~~ A provider of services governed by 
5.26 	this section ~~shall~~ must complete an individual treatment plan for a client according to the 
5.27 	standards of section 245I.10, subdivisions 7 and 8. A children's residential facility licensed 
5.28 	according to Minnesota Rules, chapter 2960, is exempt from the requirements in section 
5.29 	245I.10, subdivisions 7 and 8. Instead, the facility must involve the child and the child's 
5.30 	family in all phases of developing and implementing the individual treatment plan to the 
5.31 	extent appropriate and must review the individual treatment plan every 90 days after intake.

6.1 	EFFECTIVE DATE. This section is effective July 1, 2022, or upon federal approval, 
6.2 	whichever is later. The commissioner of human services shall notify the revisor of statutes 
6.3 	when federal approval is obtained.

6.4 	Sec. 8. Minnesota Statutes 2021 Supplement, section 245.735, subdivision 3, is amended 
6.5 	to read:
6.6 		Subd. 3.Certified community behavioral health clinics. (a) The commissioner shall 
6.7 	establish a state certification process for certified community behavioral health clinics 
6.8 	(CCBHCs) that satisfy all federal requirements necessary for CCBHCs certified under this 
6.9 	section to be eligible for reimbursement under medical assistance, without service area 
6.10 	limits based on geographic area or region. The commissioner shall consult with CCBHC 
6.11 	stakeholders before establishing and implementing changes in the certification process and 
6.12 	requirements. Entities that choose to be CCBHCs must:
6.13 	(1) comply with state licensing requirements and other requirements issued by the 
6.14 	commissioner;
6.15 	(2) employ or contract for clinic staff who have backgrounds in diverse disciplines, 
6.16 	including licensed mental health professionals and licensed alcohol and drug counselors, 
6.17 	and staff who are culturally and linguistically trained to meet the needs of the population 
6.18 	the clinic serves;
6.19 	(3) ensure that clinic services are available and accessible to individuals and families of 
6.20 	all ages and genders and that crisis management services are available 24 hours per day;
6.21 	(4) establish fees for clinic services for individuals who are not enrolled in medical 
6.22 	assistance using a sliding fee scale that ensures that services to patients are not denied or 
6.23 	limited due to an individual's inability to pay for services;
6.24 	(5) comply with quality assurance reporting requirements and other reporting 
6.25 	requirements, including any required reporting of encounter data, clinical outcomes data, 
6.26 	and quality data;
6.27 	(6) provide crisis mental health and substance use services, withdrawal management 
6.28 	services, emergency crisis intervention services, and stabilization services through existing 
6.29 	mobile crisis services; screening, assessment, and diagnosis services, including risk 
6.30 	assessments and level of care determinations; person- and family-centered treatment planning; 
6.31 	outpatient mental health and substance use services; targeted case management; psychiatric 
6.32 	rehabilitation services; peer support and counselor services and family support services; 
6.33 	and intensive community-based mental health services, including mental health services 
7.1 	for members of the armed forces and veterans. CCBHCs must directly provide the majority 
7.2 	of these services to enrollees, but may coordinate some services with another entity through 
7.3 	a collaboration or agreement, pursuant to paragraph (b);
7.4 	(7) provide coordination of care across settings and providers to ensure seamless 
7.5 	transitions for individuals being served across the full spectrum of health services, including 
7.6 	acute, chronic, and behavioral needs. Care coordination may be accomplished through 
7.7 	partnerships or formal contracts with:
7.8 	(i) counties, health plans, pharmacists, pharmacies, rural health clinics, federally qualified 
7.9 	health centers, inpatient psychiatric facilities, substance use and detoxification facilities, or 
7.10 	community-based mental health providers; and
7.11 	(ii) other community services, supports, and providers, including schools, child welfare 
7.12 	agencies, juvenile and criminal justice agencies, Indian health services clinics, tribally 
7.13 	licensed health care and mental health facilities, urban Indian health clinics, Department of 
7.14 	Veterans Affairs medical centers, outpatient clinics, drop-in centers, acute care hospitals, 
7.15 	and hospital outpatient clinics;
7.16 	(8) be certified as a mental health ~~clinics~~ clinic under section ~~245.69, subdivision 2~~
7.17 	245I.20;
7.18 	(9) comply with standards established by the commissioner relating to CCBHC 
7.19 	screenings, assessments, and evaluations;
7.20 	(10) be licensed to provide substance use disorder treatment under chapter 245G;
7.21 	(11) be certified to provide children's therapeutic services and supports under section 
7.22 	256B.0943;
7.23 	(12) be certified to provide adult rehabilitative mental health services under section 
7.24 	256B.0623;
7.25 	(13) be enrolled to provide mental health crisis response services under ~~sections~~ section
7.26 	256B.0624 ~~and 256B.0944~~;
7.27 	(14) be enrolled to provide mental health targeted case management under section 
7.28 	256B.0625, subdivision 20;
7.29 	(15) comply with standards relating to mental health case management in Minnesota 
7.30 	Rules, parts 9520.0900 to 9520.0926;
7.31 	(16) provide services that comply with the evidence-based practices described in 
7.32 	paragraph (e); and
8.1 	(17) comply with standards relating to peer services under sections 256B.0615, 
8.2 	256B.0616, and 245G.07, subdivision 1, paragraph (a), clause (5), as applicable when peer 
8.3 	services are provided.
8.4 	(b) If a certified CCBHC is unable to provide one or more of the services listed in 
8.5 	paragraph (a), clauses (6) to (17), the CCBHC may contract with another entity that has the 
8.6 	required authority to provide that service and that meets the following criteria as a designated 
8.7 	collaborating organization:
8.8 	(1) the entity has a formal agreement with the CCBHC to furnish one or more of the 
8.9 	services under paragraph (a), clause (6);
8.10 	(2) the entity provides assurances that it will provide services according to CCBHC 
8.11 	service standards and provider requirements;
8.12 	(3) the entity agrees that the CCBHC is responsible for coordinating care and has clinical 
8.13 	and financial responsibility for the services that the entity provides under the agreement; 
8.14 	and
8.15 	(4) the entity meets any additional requirements issued by the commissioner.
8.16 	(c) Notwithstanding any other law that requires a county contract or other form of county 
8.17 	approval for certain services listed in paragraph (a), clause (6), a clinic that otherwise meets 
8.18 	CCBHC requirements may receive the prospective payment under section 256B.0625, 
8.19 	subdivision 5m, for those services without a county contract or county approval. As part of 
8.20 	the certification process in paragraph (a), the commissioner shall require a letter of support 
8.21 	from the CCBHC's host county confirming that the CCBHC and the county or counties it 
8.22 	serves have an ongoing relationship to facilitate access and continuity of care, especially 
8.23 	for individuals who are uninsured or who may go on and off medical assistance.
8.24 	(d) When the standards listed in paragraph (a) or other applicable standards conflict or 
8.25 	address similar issues in duplicative or incompatible ways, the commissioner may grant 
8.26 	variances to state requirements if the variances do not conflict with federal requirements 
8.27 	for services reimbursed under medical assistance. If standards overlap, the commissioner 
8.28 	may substitute all or a part of a licensure or certification that is substantially the same as 
8.29 	another licensure or certification. The commissioner shall consult with stakeholders, as 
8.30 	described in subdivision 4, before granting variances under this provision. For the CCBHC 
8.31 	that is certified but not approved for prospective payment under section 256B.0625, 
8.32 	subdivision 5m, the commissioner may grant a variance under this paragraph if the variance 
8.33 	does not increase the state share of costs.
9.1 	(e) The commissioner shall issue a list of required evidence-based practices to be 
9.2 	delivered by CCBHCs, and may also provide a list of recommended evidence-based practices. 
9.3 	The commissioner may update the list to reflect advances in outcomes research and medical 
9.4 	services for persons living with mental illnesses or substance use disorders. The commissioner 
9.5 	shall take into consideration the adequacy of evidence to support the efficacy of the practice, 
9.6 	the quality of workforce available, and the current availability of the practice in the state. 
9.7 	At least 30 days before issuing the initial list and any revisions, the commissioner shall 
9.8 	provide stakeholders with an opportunity to comment.
9.9 	(f) The commissioner shall recertify CCBHCs at least every three years. The 
9.10 	commissioner shall establish a process for decertification and shall require corrective action, 
9.11 	medical assistance repayment, or decertification of a CCBHC that no longer meets the 
9.12 	requirements in this section or that fails to meet the standards provided by the commissioner 
9.13 	in the application and certification process.

9.14 	EFFECTIVE DATE. This section is effective July 1, 2022, or upon federal approval, 
9.15 	whichever is later. The commissioner of human services shall notify the revisor of statutes 
9.16 	when federal approval is obtained.

9.17 	Sec. 9. Minnesota Statutes 2021 Supplement, section 245A.03, subdivision 7, is amended 
9.18 	to read:
9.19 		Subd. 7.Licensing moratorium. (a) The commissioner shall not issue an initial license 
9.20 	for child foster care licensed under Minnesota Rules, parts 2960.3000 to 2960.3340, or adult 
9.21 	foster care licensed under Minnesota Rules, parts 9555.5105 to 9555.6265, under this chapter 
9.22 	for a physical location that will not be the primary residence of the license holder for the 
9.23 	entire period of licensure. If a family child foster care home or family adult foster care home 
9.24 	license is issued during this moratorium, and the license holder changes the license holder's 
9.25 	primary residence away from the physical location of the foster care license, the 
9.26 	commissioner shall revoke the license according to section 245A.07. The commissioner 
9.27 	shall not issue an initial license for a community residential setting licensed under chapter 
9.28 	245D. When approving an exception under this paragraph, the commissioner shall consider 
9.29 	the resource need determination process in paragraph (h), the availability of foster care 
9.30 	licensed beds in the geographic area in which the licensee seeks to operate, the results of a 
9.31 	person's choices during their annual assessment and service plan review, and the 
9.32 	recommendation of the local county board. The determination by the commissioner is final 
9.33 	and not subject to appeal. Exceptions to the moratorium include:
10.1 	(1) foster care settings where at least 80 percent of the residents are 55 years of age or 
10.2 	older;
10.3 	(2) foster care licenses replacing foster care licenses in existence on May 15, 2009, or 
10.4 	community residential setting licenses replacing adult foster care licenses in existence on 
10.5 	December 31, 2013, and determined to be needed by the commissioner under paragraph 
10.6 	(b);
10.7 	(3) new foster care licenses or community residential setting licenses determined to be 
10.8 	needed by the commissioner under paragraph (b) for the closure of a nursing facility, ICF/DD, 
10.9 	or regional treatment center; restructuring of state-operated services that limits the capacity 
10.10 	of state-operated facilities; or allowing movement to the community for people who no 
10.11 	longer require the level of care provided in state-operated facilities as provided under section 
10.12 	256B.092, subdivision 13, or 256B.49, subdivision 24;
10.13 	(4) new foster care licenses or community residential setting licenses determined to be 
10.14 	needed by the commissioner under paragraph (b) for persons requiring hospital level care;
10.15 	or
10.16 	~~(5) new foster care licenses or community residential setting licenses for people receiving~~ 
10.17 	~~services under chapter 245D and residing in an unlicensed setting before May 1, 2017, and~~ 
10.18 	~~for which a license is required. This exception does not apply to people living in their own~~ 
10.19 	~~home. For purposes of this clause, there is a presumption that a foster care or community~~ 
10.20 	~~residential setting license is required for services provided to three or more people in a~~ 
10.21 	~~dwelling unit when the setting is controlled by the provider. A license holder subject to this~~ 
10.22 	~~exception may rebut the presumption that a license is required by seeking a reconsideration~~ 
10.23 	~~of the commissioner's determination. The commissioner's disposition of a request for~~ 
10.24 	~~reconsideration is final and not subject to appeal under chapter 14. The exception is available~~ 
10.25 	~~until June 30, 2018. This exception is available when:~~
10.26 	~~(i) the person's case manager provided the person with information about the choice of~~ 
10.27 	~~service, service provider, and location of service, including in the person's home, to help~~ 
10.28 	~~the person make an informed choice; and~~
10.29 	~~(ii) the person's services provided in the licensed foster care or community residential~~ 
10.30 	~~setting are less than or equal to the cost of the person's services delivered in the unlicensed~~ 
10.31 	~~setting as determined by the lead agency; or~~
10.32 	~~(6)~~ (5) new foster care licenses or community residential setting licenses for people 
10.33 	receiving customized living or 24-hour customized living services under the brain injury 
10.34 	or community access for disability inclusion waiver plans under section 256B.49 and residing 
11.1 	in the customized living setting before July 1, 2022, for which a license is required. A 
11.2 	customized living service provider subject to this exception may rebut the presumption that 
11.3 	a license is required by seeking a reconsideration of the commissioner's determination. The 
11.4 	commissioner's disposition of a request for reconsideration is final and not subject to appeal 
11.5 	under chapter 14. The exception is available until June 30, 2023. This exception is available 
11.6 	when:
11.7 	(i) the person's customized living services are provided in a customized living service 
11.8 	setting serving four or fewer people under the brain injury or community access for disability 
11.9 	inclusion waiver plans under section 256B.49 in a single-family home operational on or 
11.10 	before June 30, 2021. Operational is defined in section 256B.49, subdivision 28;
11.11 	(ii) the person's case manager provided the person with information about the choice of 
11.12 	service, service provider, and location of service, including in the person's home, to help 
11.13 	the person make an informed choice; and
11.14 	(iii) the person's services provided in the licensed foster care or community residential 
11.15 	setting are less than or equal to the cost of the person's services delivered in the customized 
11.16 	living setting as determined by the lead agency.
11.17 	(b) The commissioner shall determine the need for newly licensed foster care homes or 
11.18 	community residential settings as defined under this subdivision. As part of the determination, 
11.19 	the commissioner shall consider the availability of foster care capacity in the area in which 
11.20 	the licensee seeks to operate, and the recommendation of the local county board. The 
11.21 	determination by the commissioner must be final. A determination of need is not required 
11.22 	for a change in ownership at the same address.
11.23 	(c) When an adult resident served by the program moves out of a foster home that is not 
11.24 	the primary residence of the license holder according to section 256B.49, subdivision 15, 
11.25 	paragraph (f), or the adult community residential setting, the county shall immediately 
11.26 	inform the Department of Human Services Licensing Division. The department may decrease 
11.27 	the statewide licensed capacity for adult foster care settings.
11.28 	(d) Residential settings that would otherwise be subject to the decreased license capacity 
11.29 	established in paragraph (c) shall be exempt if the license holder's beds are occupied by 
11.30 	residents whose primary diagnosis is mental illness and the license holder is certified under 
11.31 	the requirements in subdivision 6a or section 245D.33.
11.32 	(e) A resource need determination process, managed at the state level, using the available 
11.33 	reports required by section 144A.351, and other data and information shall be used to 
11.34 	determine where the reduced capacity determined under section 256B.493 will be 
12.1 	implemented. The commissioner shall consult with the stakeholders described in section 
12.2 	144A.351, and employ a variety of methods to improve the state's capacity to meet the 
12.3 	informed decisions of those people who want to move out of corporate foster care or 
12.4 	community residential settings, long-term service needs within budgetary limits, including 
12.5 	seeking proposals from service providers or lead agencies to change service type, capacity, 
12.6 	or location to improve services, increase the independence of residents, and better meet 
12.7 	needs identified by the long-term services and supports reports and statewide data and 
12.8 	information.
12.9 	(f) At the time of application and reapplication for licensure, the applicant and the license 
12.10 	holder that are subject to the moratorium or an exclusion established in paragraph (a) are 
12.11 	required to inform the commissioner whether the physical location where the foster care 
12.12 	will be provided is or will be the primary residence of the license holder for the entire period 
12.13 	of licensure. If the primary residence of the applicant or license holder changes, the applicant 
12.14 	or license holder must notify the commissioner immediately. The commissioner shall print 
12.15 	on the foster care license certificate whether or not the physical location is the primary 
12.16 	residence of the license holder.
12.17 	(g) License holders of foster care homes identified under paragraph (f) that are not the 
12.18 	primary residence of the license holder and that also provide services in the foster care home 
12.19 	that are covered by a federally approved home and community-based services waiver, as 
12.20 	authorized under chapter 256S or section 256B.092 or 256B.49, must inform the human 
12.21 	services licensing division that the license holder provides or intends to provide these 
12.22 	waiver-funded services.
12.23 	(h) The commissioner may adjust capacity to address needs identified in section 
12.24 	144A.351. Under this authority, the commissioner may approve new licensed settings or 
12.25 	delicense existing settings. Delicensing of settings will be accomplished through a process 
12.26 	identified in section 256B.493. Annually, by August 1, the commissioner shall provide 
12.27 	information and data on capacity of licensed long-term services and supports, actions taken 
12.28 	under the subdivision to manage statewide long-term services and supports resources, and 
12.29 	any recommendations for change to the legislative committees with jurisdiction over the 
12.30 	health and human services budget.
12.31 	(i) The commissioner must notify a license holder when its corporate foster care or 
12.32 	community residential setting licensed beds are reduced under this section. The notice of 
12.33 	reduction of licensed beds must be in writing and delivered to the license holder by certified 
12.34 	mail or personal service. The notice must state why the licensed beds are reduced and must 
12.35 	inform the license holder of its right to request reconsideration by the commissioner. The 
13.1 	license holder's request for reconsideration must be in writing. If mailed, the request for 
13.2 	reconsideration must be postmarked and sent to the commissioner within 20 calendar days 
13.3 	after the license holder's receipt of the notice of reduction of licensed beds. If a request for 
13.4 	reconsideration is made by personal service, it must be received by the commissioner within 
13.5 	20 calendar days after the license holder's receipt of the notice of reduction of licensed beds.
13.6 	(j) The commissioner shall not issue an initial license for children's residential treatment 
13.7 	services licensed under Minnesota Rules, parts 2960.0580 to 2960.0700, under this chapter 
13.8 	for a program that Centers for Medicare and Medicaid Services would consider an institution 
13.9 	for mental diseases. Facilities that serve only private pay clients are exempt from the 
13.10 	moratorium described in this paragraph. The commissioner has the authority to manage 
13.11 	existing statewide capacity for children's residential treatment services subject to the 
13.12 	moratorium under this paragraph and may issue an initial license for such facilities if the 
13.13 	initial license would not increase the statewide capacity for children's residential treatment 
13.14 	services subject to the moratorium under this paragraph.

13.15 	EFFECTIVE DATE. This section is effective the day following final enactment.

13.16 	Sec. 10. Minnesota Statutes 2020, section 245D.12, is amended to read:
13.17 	245D.12 INTEGRATED COMMUNITY SUPPORTS; SETTING CAPACITY 
13.18 	REPORT.
13.19 	(a) The license holder providing integrated community support, as defined in section 
13.20 	245D.03, subdivision 1, paragraph (c), clause (8), must submit a setting capacity report to 
13.21 	the commissioner to ensure the identified location of service delivery meets the criteria of 
13.22 	the home and community-based service requirements as specified in section 256B.492.
13.23 	(b) The license holder shall provide the setting capacity report on the forms and in the 
13.24 	manner prescribed by the commissioner. The report must include:
13.25 	(1) the address of the multifamily housing building where the license holder delivers 
13.26 	integrated community supports and owns, leases, or has a direct or indirect financial 
13.27 	relationship with the property owner;
13.28 	(2) the total number of living units in the multifamily housing building described in 
13.29 	clause (1) where integrated community supports are delivered;
13.30 	(3) the total number of living units in the multifamily housing building described in 
13.31 	clause (1), including the living units identified in clause (2); ~~and~~
14.1 	(4) the total number of people who could reside in the living units in the multifamily 
14.2 	housing building described in clause (2) and receive integrated community supports; and
14.3 	~~(4)~~ (5) the percentage of living units that are controlled by the license holder in the 
14.4 	multifamily housing building by dividing clause (2) by clause (3).
14.5 	(c) Only one license holder may deliver integrated community supports at the address 
14.6 	of the multifamily housing building.

14.7 	EFFECTIVE DATE. This section is effective the day following final enactment.

14.8 	Sec. 11. Minnesota Statutes 2021 Supplement, section 245I.04, subdivision 4, is amended 
14.9 	to read:
14.10 		Subd. 4.Mental health practitioner qualifications. (a) An individual who is qualified 
14.11 	in at least one of the ways described in paragraph (b) to (d) may serve as a mental health 
14.12 	practitioner.
14.13 	(b) An individual is qualified as a mental health practitioner through relevant coursework 
14.14 	if the individual completes at least 30 semester hours or 45 quarter hours in behavioral 
14.15 	sciences or related fields and:
14.16 	(1) has at least 2,000 hours of experience providing services to individuals with:
14.17 	(i) a mental illness or a substance use disorder; or
14.18 	(ii) a traumatic brain injury or a developmental disability, and completes the additional 
14.19 	training described in section 245I.05, subdivision 3, paragraph (c), before providing direct 
14.20 	contact services to a client;
14.21 	(2) is fluent in the non-English language of the ethnic group to which at least 50 percent 
14.22 	of the individual's clients belong, and completes the additional training described in section 
14.23 	245I.05, subdivision 3, paragraph (c), before providing direct contact services to a client;
14.24 	(3) is working in a day treatment program under section 256B.0671, subdivision 3, or 
14.25 	256B.0943; ~~or~~
14.26 	(4) has completed a practicum or internship that (i) required direct interaction with adult 
14.27 	clients or child clients, and (ii) was focused on behavioral sciences or related fields~~.~~; or
14.28 	(5) is in the process of completing a practicum or internship as part of a formal 
14.29 	undergraduate or graduate training program in social work, psychology, or counseling.
14.30 	(c) An individual is qualified as a mental health practitioner through work experience 
14.31 	if the individual:
15.1 	(1) has at least 4,000 hours of experience in the delivery of services to individuals with:
15.2 	(i) a mental illness or a substance use disorder; or
15.3 	(ii) a traumatic brain injury or a developmental disability, and completes the additional 
15.4 	training described in section 245I.05, subdivision 3, paragraph (c), before providing direct 
15.5 	contact services to clients; or
15.6 	(2) receives treatment supervision at least once per week until meeting the requirement 
15.7 	in clause (1) of 4,000 hours of experience and has at least 2,000 hours of experience providing 
15.8 	services to individuals with:
15.9 	(i) a mental illness or a substance use disorder; or
15.10 	(ii) a traumatic brain injury or a developmental disability, and completes the additional 
15.11 	training described in section 245I.05, subdivision 3, paragraph (c), before providing direct 
15.12 	contact services to clients.
15.13 	(d) An individual is qualified as a mental health practitioner if the individual has a 
15.14 	master's or other graduate degree in behavioral sciences or related fields.

15.15 	EFFECTIVE DATE. This section is effective July 1, 2022, or upon federal approval, 
15.16 	whichever is later. The commissioner of human services shall notify the revisor of statutes 
15.17 	when federal approval is obtained.

15.18 	Sec. 12. Minnesota Statutes 2021 Supplement, section 245I.05, subdivision 3, is amended 
15.19 	to read:
15.20 		Subd. 3.Initial training. (a) A staff person must receive training about:
15.21 	(1) vulnerable adult maltreatment under section 245A.65, subdivision 3; and
15.22 	(2) the maltreatment of minor reporting requirements and definitions in chapter 260E 
15.23 	within 72 hours of first providing direct contact services to a client.
15.24 	(b) Before providing direct contact services to a client, a staff person must receive training 
15.25 	about:
15.26 	(1) client rights and protections under section 245I.12;
15.27 	(2) the Minnesota Health Records Act, including client confidentiality, family engagement 
15.28 	under section 144.294, and client privacy;
15.29 	(3) emergency procedures that the staff person must follow when responding to a fire, 
15.30 	inclement weather, a report of a missing person, and a behavioral or medical emergency;
16.1 	(4) specific activities and job functions for which the staff person is responsible, including 
16.2 	the license holder's program policies and procedures applicable to the staff person's position;
16.3 	(5) professional boundaries that the staff person must maintain; and
16.4 	(6) specific needs of each client to whom the staff person will be providing direct contact 
16.5 	services, including each client's developmental status, cognitive functioning, and physical 
16.6 	and mental abilities.
16.7 	(c) Before providing direct contact services to a client, a mental health rehabilitation 
16.8 	worker, mental health behavioral aide, or mental health practitioner ~~qualified~~ required under 
16.9 	section 245I.04, subdivision 4, must receive 30 hours of training about:
16.10 	(1) mental illnesses;
16.11 	(2) client recovery and resiliency;
16.12 	(3) mental health de-escalation techniques;
16.13 	(4) co-occurring mental illness and substance use disorders; and
16.14 	(5) psychotropic medications and medication side effects.
16.15 	(d) Within 90 days of first providing direct contact services to an adult client, a clinical 
16.16 	trainee, mental health practitioner, mental health certified peer specialist, or mental health 
16.17 	rehabilitation worker must receive training about:
16.18 	(1) trauma-informed care and secondary trauma;
16.19 	(2) person-centered individual treatment plans, including seeking partnerships with 
16.20 	family and other natural supports;
16.21 	(3) co-occurring substance use disorders; and
16.22 	(4) culturally responsive treatment practices.
16.23 	(e) Within 90 days of first providing direct contact services to a child client, a clinical 
16.24 	trainee, mental health practitioner, mental health certified family peer specialist, mental 
16.25 	health certified peer specialist, or mental health behavioral aide must receive training about 
16.26 	the topics in clauses (1) to (5). This training must address the developmental characteristics 
16.27 	of each child served by the license holder and address the needs of each child in the context 
16.28 	of the child's family, support system, and culture. Training topics must include:
16.29 	(1) trauma-informed care and secondary trauma, including adverse childhood experiences 
16.30 	(ACEs);
17.1 	(2) family-centered treatment plan development, including seeking partnership with a 
17.2 	child client's family and other natural supports;
17.3 	(3) mental illness and co-occurring substance use disorders in family systems;
17.4 	(4) culturally responsive treatment practices; and
17.5 	(5) child development, including cognitive functioning, and physical and mental abilities.
17.6 	(f) For a mental health behavioral aide, the training under paragraph (e) must include 
17.7 	parent team training using a curriculum approved by the commissioner.

17.8 	EFFECTIVE DATE. This section is effective July 1, 2022, or upon federal approval, 
17.9 	whichever is later. The commissioner of human services shall notify the revisor of statutes 
17.10 	when federal approval is obtained.

17.11 	Sec. 13. Minnesota Statutes 2021 Supplement, section 245I.10, subdivision 2, is amended 
17.12 	to read:
17.13 		Subd. 2.Generally. (a) A license holder must use a client's diagnostic assessment or 
17.14 	crisis assessment to determine a client's eligibility for mental health services, except as 
17.15 	provided in this section.
17.16 	(b) Prior to completing a client's initial diagnostic assessment, a license holder may 
17.17 	provide a client with the following services:
17.18 	(1) an explanation of findings;
17.19 	(2) neuropsychological testing, neuropsychological assessment, and psychological 
17.20 	testing;
17.21 	(3) any combination of psychotherapy sessions, family psychotherapy sessions, and 
17.22 	family psychoeducation sessions not to exceed three sessions;
17.23 	(4) crisis assessment services according to section 256B.0624; and
17.24 	(5) ten days of intensive residential treatment services according to the assessment and 
17.25 	treatment planning standards in section ~~245.23~~ 245I.23, subdivision 7.
17.26 	(c) Based on the client's needs that a crisis assessment identifies under section 256B.0624, 
17.27 	a license holder may provide a client with the following services:
17.28 	(1) crisis intervention and stabilization services under section 245I.23 or 256B.0624; 
17.29 	and
18.1 	(2) any combination of psychotherapy sessions, group psychotherapy sessions, family 
18.2 	psychotherapy sessions, and family psychoeducation sessions not to exceed ten sessions 
18.3 	within a 12-month period without prior authorization.
18.4 	(d) Based on the client's needs in the client's brief diagnostic assessment, a license holder 
18.5 	may provide a client with any combination of psychotherapy sessions, group psychotherapy 
18.6 	sessions, family psychotherapy sessions, and family psychoeducation sessions not to exceed 
18.7 	ten sessions within a 12-month period without prior authorization for any new client or for 
18.8 	an existing client who the license holder projects will need fewer than ten sessions during 
18.9 	the next 12 months.
18.10 	(e) Based on the client's needs that a hospital's medical history and presentation 
18.11 	examination identifies, a license holder may provide a client with:
18.12 	(1) any combination of psychotherapy sessions, group psychotherapy sessions, family 
18.13 	psychotherapy sessions, and family psychoeducation sessions not to exceed ten sessions 
18.14 	within a 12-month period without prior authorization for any new client or for an existing 
18.15 	client who the license holder projects will need fewer than ten sessions during the next 12 
18.16 	months; and
18.17 	(2) up to five days of day treatment services or partial hospitalization.
18.18 	(f) A license holder must complete a new standard diagnostic assessment of a client:
18.19 	(1) when the client requires services of a greater number or intensity than the services 
18.20 	that paragraphs (b) to (e) describe;
18.21 	(2) at least annually following the client's initial diagnostic assessment if the client needs 
18.22 	additional mental health services and the client does not meet the criteria for a brief 
18.23 	assessment;
18.24 	(3) when the client's mental health condition has changed markedly since the client's 
18.25 	most recent diagnostic assessment; or
18.26 	(4) when the client's current mental health condition does not meet the criteria of the 
18.27 	client's current diagnosis.
18.28 	(g) For an existing client, the license holder must ensure that a new standard diagnostic 
18.29 	assessment includes a written update containing all significant new or changed information 
18.30 	about the client, and an update regarding what information has not significantly changed, 
18.31 	including a discussion with the client about changes in the client's life situation, functioning, 
18.32 	presenting problems, and progress with achieving treatment goals since the client's last 
18.33 	diagnostic assessment was completed.

19.1 	EFFECTIVE DATE. This section is effective July 1, 2022, or upon federal approval, 
19.2 	whichever is later. The commissioner of human services shall notify the revisor of statutes 
19.3 	when federal approval is obtained.

19.4 	Sec. 14. Minnesota Statutes 2021 Supplement, section 245I.10, subdivision 6, is amended 
19.5 	to read:
19.6 		Subd. 6.Standard diagnostic assessment; required elements. (a) Only a mental health 
19.7 	professional or a clinical trainee may complete a standard diagnostic assessment of a client. 
19.8 	A standard diagnostic assessment of a client must include a face-to-face interview with a 
19.9 	client and a written evaluation of the client. The assessor must complete a client's standard 
19.10 	diagnostic assessment within the client's cultural context.
19.11 	(b) When completing a standard diagnostic assessment of a client, the assessor must 
19.12 	gather and document information about the client's current life situation, including the 
19.13 	following information:
19.14 	(1) the client's age;
19.15 	(2) the client's current living situation, including the client's housing status and household 
19.16 	members;
19.17 	(3) the status of the client's basic needs;
19.18 	(4) the client's education level and employment status;
19.19 	(5) the client's current medications;
19.20 	(6) any immediate risks to the client's health and safety;
19.21 	(7) the client's perceptions of the client's condition;
19.22 	(8) the client's description of the client's symptoms, including the reason for the client's 
19.23 	referral;
19.24 	(9) the client's history of mental health treatment; and
19.25 	(10) cultural influences on the client.
19.26 	(c) If the assessor cannot obtain the information that this ~~subdivision~~ paragraph requires 
19.27 	without retraumatizing the client or harming the client's willingness to engage in treatment, 
19.28 	the assessor must identify which topics will require further assessment during the course 
19.29 	of the client's treatment. The assessor must gather and document information related to the 
19.30 	following topics:
20.1 	(1) the client's relationship with the client's family and other significant personal 
20.2 	relationships, including the client's evaluation of the quality of each relationship;
20.3 	(2) the client's strengths and resources, including the extent and quality of the client's 
20.4 	social networks;
20.5 	(3) important developmental incidents in the client's life;
20.6 	(4) maltreatment, trauma, potential brain injuries, and abuse that the client has suffered;
20.7 	(5) the client's history of or exposure to alcohol and drug usage and treatment; and
20.8 	(6) the client's health history and the client's family health history, including the client's 
20.9 	physical, chemical, and mental health history.
20.10 	(d) When completing a standard diagnostic assessment of a client, an assessor must use 
20.11 	a recognized diagnostic framework.
20.12 	(1) When completing a standard diagnostic assessment of a client who is five years of 
20.13 	age or younger, the assessor must use the current edition of the DC: 0-5 Diagnostic 
20.14 	Classification of Mental Health and Development Disorders of Infancy and Early Childhood 
20.15 	published by Zero to Three.
20.16 	(2) When completing a standard diagnostic assessment of a client who is six years of 
20.17 	age or older, the assessor must use the current edition of the Diagnostic and Statistical 
20.18 	Manual of Mental Disorders published by the American Psychiatric Association.
20.19 	(3) When completing a standard diagnostic assessment of a client who is five years of 
20.20 	age or younger, an assessor must administer the Early Childhood Service Intensity Instrument 
20.21 	(ECSII) to the client and include the results in the client's assessment.
20.22 	(4) When completing a standard diagnostic assessment of a client who is six to 17 years 
20.23 	of age, an assessor must administer the Child and Adolescent Service Intensity Instrument 
20.24 	(CASII) to the client and include the results in the client's assessment.
20.25 	(5) When completing a standard diagnostic assessment of a client who is 18 years of 
20.26 	age or older, an assessor must use either (i) the CAGE-AID Questionnaire or (ii) the criteria 
20.27 	in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders 
20.28 	published by the American Psychiatric Association to screen and assess the client for a 
20.29 	substance use disorder.
20.30 	(e) When completing a standard diagnostic assessment of a client, the assessor must 
20.31 	include and document the following components of the assessment:
20.32 	(1) the client's mental status examination;
21.1 	(2) the client's baseline measurements; symptoms; behavior; skills; abilities; resources; 
21.2 	vulnerabilities; safety needs, including client information that supports the assessor's findings 
21.3 	after applying a recognized diagnostic framework from paragraph (d); and any differential 
21.4 	diagnosis of the client;
21.5 	(3) an explanation of: (i) how the assessor diagnosed the client using the information 
21.6 	from the client's interview, assessment, psychological testing, and collateral information 
21.7 	about the client; (ii) the client's needs; (iii) the client's risk factors; (iv) the client's strengths; 
21.8 	and (v) the client's responsivity factors.
21.9 	(f) When completing a standard diagnostic assessment of a client, the assessor must 
21.10 	consult the client and the client's family about which services that the client and the family 
21.11 	prefer to treat the client. The assessor must make referrals for the client as to services required 
21.12 	by law.

21.13 	EFFECTIVE DATE. This section is effective July 1, 2022, or upon federal approval, 
21.14 	whichever is later. The commissioner of human services shall notify the revisor of statutes 
21.15 	when federal approval is obtained.

21.16 	Sec. 15. Minnesota Statutes 2021 Supplement, section 254B.05, subdivision 5, is amended 
21.17 	to read:
21.18 		Subd. 5.Rate requirements. (a) The commissioner shall establish rates for substance 
21.19 	use disorder services and service enhancements funded under this chapter.
21.20 	(b) Eligible substance use disorder treatment services include:
21.21 	(1) outpatient treatment services that are licensed according to sections 245G.01 to 
21.22 	245G.17, or applicable tribal license;
21.23 	(2) comprehensive assessments provided according to sections 245.4863, paragraph (a), 
21.24 	and 245G.05;
21.25 	(3) care coordination services provided according to section 245G.07, subdivision 1, 
21.26 	paragraph (a), clause (5);
21.27 	(4) peer recovery support services provided according to section 245G.07, subdivision 
21.28 	2, clause (8);
21.29 	(5) on July 1, 2019, or upon federal approval, whichever is later, withdrawal management 
21.30 	services provided according to chapter 245F;
21.31 	(6) medication-assisted therapy services that are licensed according to sections 245G.01 
21.32 	to 245G.17 and 245G.22, or applicable tribal license;
22.1 	(7) medication-assisted therapy plus enhanced treatment services that meet the 
22.2 	requirements of clause (6) and provide nine hours of clinical services each week;
22.3 	(8) high, medium, and low intensity residential treatment services that are licensed 
22.4 	according to sections 245G.01 to 245G.17 and 245G.21 or applicable tribal license which 
22.5 	provide, respectively, 30, 15, and five hours of clinical services each week;
22.6 	(9) hospital-based treatment services that are licensed according to sections 245G.01 to 
22.7 	245G.17 or applicable tribal license and licensed as a hospital under sections 144.50 to 
22.8 	144.56;
22.9 	(10) adolescent treatment programs that are licensed as outpatient treatment programs 
22.10 	according to sections 245G.01 to 245G.18 or as residential treatment programs according 
22.11 	to Minnesota Rules, parts 2960.0010 to 2960.0220, and 2960.0430 to 2960.0490, or 
22.12 	applicable tribal license;
22.13 	(11) high-intensity residential treatment services that are licensed according to sections 
22.14 	245G.01 to 245G.17 and 245G.21 or applicable tribal license, which provide 30 hours of 
22.15 	clinical services each week provided by a state-operated vendor or to clients who have been 
22.16 	civilly committed to the commissioner, present the most complex and difficult care needs, 
22.17 	and are a potential threat to the community; and
22.18 	(12) room and board facilities that meet the requirements of subdivision 1a.
22.19 	(c) The commissioner shall establish higher rates for programs that meet the requirements 
22.20 	of paragraph (b) and one of the following additional requirements:
22.21 	(1) programs that serve parents with their children if the program:
22.22 	(i) provides on-site child care during the hours of treatment activity that:
22.23 	(A) is licensed under chapter 245A as a child care center under Minnesota Rules, chapter 
22.24 	9503; or
22.25 	(B) meets the licensure exclusion criteria of section 245A.03, subdivision 2, paragraph 
22.26 	(a), clause (6), and meets the requirements under section 245G.19, subdivision 4; or
22.27 	(ii) arranges for off-site child care during hours of treatment activity at a facility that is 
22.28 	licensed under chapter 245A as:
22.29 	(A) a child care center under Minnesota Rules, chapter 9503; or
22.30 	(B) a family child care home under Minnesota Rules, chapter 9502;
23.1 	(2) culturally specific or culturally responsive programs as defined in section 254B.01, 
23.2 	subdivision 4a;
23.3 	(3) disability responsive programs as defined in section 254B.01, subdivision 4b;
23.4 	(4) programs that offer medical services delivered by appropriately credentialed health 
23.5 	care staff in an amount equal to two hours per client per week if the medical needs of the 
23.6 	client and the nature and provision of any medical services provided are documented in the 
23.7 	client file; or
23.8 	(5) programs that offer services to individuals with co-occurring mental health and 
23.9 	chemical dependency problems if:
23.10 	(i) the program meets the co-occurring requirements in section 245G.20;
23.11 	(ii) 25 percent of the counseling staff are licensed mental health professionals~~, as defined~~ 
23.12 	~~in section 245.462, subdivision 18, clauses (1) to (6)~~ under section 245I.04, subdivision 2, 
23.13 	or are students or licensing candidates under the supervision of a licensed alcohol and drug 
23.14 	counselor supervisor and ~~licensed~~ mental health professional under section 245I.04, 
23.15 	subdivision 2, except that no more than 50 percent of the mental health staff may be students 
23.16 	or licensing candidates with time documented to be directly related to provisions of 
23.17 	co-occurring services;
23.18 	(iii) clients scoring positive on a standardized mental health screen receive a mental 
23.19 	health diagnostic assessment within ten days of admission;
23.20 	(iv) the program has standards for multidisciplinary case review that include a monthly 
23.21 	review for each client that, at a minimum, includes a licensed mental health professional 
23.22 	and licensed alcohol and drug counselor, and their involvement in the review is documented;
23.23 	(v) family education is offered that addresses mental health and substance abuse disorders 
23.24 	and the interaction between the two; and
23.25 	(vi) co-occurring counseling staff shall receive eight hours of co-occurring disorder 
23.26 	training annually.
23.27 	(d) In order to be eligible for a higher rate under paragraph (c), clause (1), a program 
23.28 	that provides arrangements for off-site child care must maintain current documentation at 
23.29 	the chemical dependency facility of the child care provider's current licensure to provide 
23.30 	child care services. Programs that provide child care according to paragraph (c), clause (1), 
23.31 	must be deemed in compliance with the licensing requirements in section 245G.19.
24.1 	(e) Adolescent residential programs that meet the requirements of Minnesota Rules, 
24.2 	parts 2960.0430 to 2960.0490 and 2960.0580 to 2960.0690, are exempt from the requirements 
24.3 	in paragraph (c), clause (4), items (i) to (iv).
24.4 	(f) Subject to federal approval, substance use disorder services that are otherwise covered 
24.5 	as direct face-to-face services may be provided via telehealth as defined in section 256B.0625, 
24.6 	subdivision 3b. The use of telehealth to deliver services must be medically appropriate to 
24.7 	the condition and needs of the person being served. Reimbursement shall be at the same 
24.8 	rates and under the same conditions that would otherwise apply to direct face-to-face services.
24.9 	(g) For the purpose of reimbursement under this section, substance use disorder treatment 
24.10 	services provided in a group setting without a group participant maximum or maximum 
24.11 	client to staff ratio under chapter 245G shall not exceed a client to staff ratio of 48 to one. 
24.12 	At least one of the attending staff must meet the qualifications as established under this 
24.13 	chapter for the type of treatment service provided. A recovery peer may not be included as 
24.14 	part of the staff ratio.
24.15 	(h) Payment for outpatient substance use disorder services that are licensed according 
24.16 	to sections 245G.01 to 245G.17 is limited to six hours per day or 30 hours per week unless 
24.17 	prior authorization of a greater number of hours is obtained from the commissioner.

24.18 	EFFECTIVE DATE. This section is effective July 1, 2022, or upon federal approval, 
24.19 	whichever is later. The commissioner of human services shall notify the revisor of statutes 
24.20 	when federal approval is obtained.

24.21 	Sec. 16. Minnesota Statutes 2020, section 256.01, is amended by adding a subdivision to 
24.22 	read:
24.23 		Subd. 12b.Department of Human Services systemic critical incident review team. (a) 
24.24 	The commissioner may establish a Department of Human Services systemic critical incident 
24.25 	review team to review critical incidents reported as required under section 626.557 for 
24.26 	which the Department of Human Services is responsible under section 626.5572, subdivision 
24.27 	13; chapter 245D; or Minnesota Rules, chapter 9544. When reviewing a critical incident, 
24.28 	the systemic critical incident review team shall identify systemic influences to the incident 
24.29 	rather than determining the culpability of any actors involved in the incident. The systemic 
24.30 	critical incident review may assess the entire critical incident process from the point of an 
24.31 	entity reporting the critical incident through the ongoing case management process. 
24.32 	Department staff shall lead and conduct the reviews and may utilize county staff as reviewers. 
24.33 	The systemic critical incident review process may include but is not limited to:
25.1 	(1) data collection about the incident and actors involved. Data may include the critical 
25.2 	incident report under review; previous incident reports pertaining to the person receiving 
25.3 	services; the service provider's policies and procedures applicable to the incident; the 
25.4 	coordinated service and support plan as defined in section 245D.02, subdivision 4b, for the 
25.5 	person receiving services; or an interview of an actor involved in the critical incident or the 
25.6 	review of the critical incident. Actors may include:
25.7 	(i) staff of the provider agency;
25.8 	(ii) lead agency staff administering home and community-based services delivered by 
25.9 	the provider;
25.10 	(iii) Department of Human Services staff with oversight of home and community-based 
25.11 	services;
25.12 	(iv) Department of Health staff with oversight of home and community-based services;
25.13 	(v) members of the community including advocates, legal representatives, health care 
25.14 	providers, pharmacy staff, or others with knowledge of the incident or the actors in the 
25.15 	incident; and
25.16 	(vi) staff from the office of the ombudsman for mental health and developmental 
25.17 	disabilities;
25.18 	(2) systemic mapping of the critical incident. The team conducting the systemic mapping 
25.19 	of the incident may include any actors identified in clause (1), designated representatives 
25.20 	of other provider agencies, regional teams, and representatives of the local regional quality 
25.21 	council identified in section 256B.097; and
25.22 	(3) analysis of the case for systemic influences.
25.23 	Data collected by the critical incident review team shall be aggregated and provided to 
25.24 	regional teams, participating regional quality councils, and the commissioner. The regional 
25.25 	teams and quality councils shall analyze the data and make recommendations to the 
25.26 	commissioner regarding systemic changes that would decrease the number and severity of 
25.27 	critical incidents in the future or improve the quality of the home and community-based 
25.28 	service system.
25.29 	(b) Cases selected for the systemic critical incident review process shall be selected by 
25.30 	a selection committee among the following critical incident categories:
25.31 	(1) cases of caregiver neglect identified in section 626.5572, subdivision 17;
25.32 	(2) cases involving financial exploitation identified in section 626.5572, subdivision 9;
26.1 	(3) incidents identified in section 245D.02, subdivision 11;
26.2 	(4) incidents identified in Minnesota Rules, part 9544.0110; and
26.3 	(5) service terminations reported to the department in accordance with section 245D.10, 
26.4 	subdivision 3a.
26.5 	(c) The systemic critical incident review under this section shall not replace the process 
26.6 	for screening or investigating cases of alleged maltreatment of an adult under section 626.557. 
26.7 	The department may select cases for systemic critical incident review, under the jurisdiction 
26.8 	of the commissioner, reported for suspected maltreatment and closed following initial or 
26.9 	final disposition.
26.10 	(d) A member of the systemic critical incident review team shall not disclose what 
26.11 	transpired during the review, except to carry out the duties of the review. The proceedings 
26.12 	and records of the review team are protected nonpublic data as defined in section 13.02, 
26.13 	subdivision 13, and are not subject to discovery or introduction into evidence in a civil or 
26.14 	criminal action against a professional, the state, or a county agency arising out of the matters 
26.15 	that the team is reviewing. Information, documents, and records otherwise available from 
26.16 	other sources are not immune from discovery or use in a civil or criminal action solely 
26.17 	because the information, documents, and records were assessed or presented during 
26.18 	proceedings of the review team. A person who presented information before the systemic 
26.19 	critical incident review team or who is a member of the team shall not be prevented from 
26.20 	testifying about matters within the person's knowledge. In a civil or criminal proceeding, a 
26.21 	person shall not be questioned about the person's presentation of information to the review 
26.22 	team or opinions formed by the person as a result of the review.

26.23 	Sec. 17. Minnesota Statutes 2021 Supplement, section 256B.0622, subdivision 2, is 
26.24 	amended to read:
26.25 		Subd. 2.Definitions. (a) For purposes of this section, the following terms have the 
26.26 	meanings given them.
26.27 	(b) "ACT team" means the group of interdisciplinary mental health staff who work as 
26.28 	a team to provide assertive community treatment.
26.29 	(c) "Assertive community treatment" means intensive nonresidential treatment and 
26.30 	rehabilitative mental health services provided according to the assertive community treatment 
26.31 	model. Assertive community treatment provides a single, fixed point of responsibility for 
26.32 	treatment, rehabilitation, and support needs for clients. Services are offered 24 hours per 
26.33 	day, seven days per week, in a community-based setting.
27.1 	(d) "Individual treatment plan" means a plan described by section 245I.10, subdivisions 
27.2 	7 and 8.
27.3 	(e) "Crisis assessment and intervention" means ~~mental health~~ mobile crisis response 
27.4 	services ~~as defined in~~ under section 256B.0624~~, subdivision 2~~.
27.5 	(f) "Individual treatment team" means a minimum of three members of the ACT team 
27.6 	who are responsible for consistently carrying out most of a client's assertive community 
27.7 	treatment services.
27.8 	(g) "Primary team member" means the person who leads and coordinates the activities 
27.9 	of the individual treatment team and is the individual treatment team member who has 
27.10 	primary responsibility for establishing and maintaining a therapeutic relationship with the 
27.11 	client on a continuing basis.
27.12 	(h) "Certified rehabilitation specialist" means a staff person who is qualified according 
27.13 	to section 245I.04, subdivision 8.
27.14 	(i) "Clinical trainee" means a staff person who is qualified according to section 245I.04, 
27.15 	subdivision 6.
27.16 	(j) "Mental health certified peer specialist" means a staff person who is qualified 
27.17 	according to section 245I.04, subdivision 10.
27.18 	(k) "Mental health practitioner" means a staff person who is qualified according to section 
27.19 	245I.04, subdivision 4.
27.20 	(l) "Mental health professional" means a staff person who is qualified according to 
27.21 	section 245I.04, subdivision 2.
27.22 	(m) "Mental health rehabilitation worker" means a staff person who is qualified according 
27.23 	to section 245I.04, subdivision 14.

27.24 	EFFECTIVE DATE. This section is effective July 1, 2022, or upon federal approval, 
27.25 	whichever is later. The commissioner of human services shall notify the revisor of statutes 
27.26 	when federal approval is obtained.

27.27 	Sec. 18. Minnesota Statutes 2021 Supplement, section 256B.0625, subdivision 3b, is 
27.28 	amended to read:
27.29 		Subd. 3b.Telehealth services. (a) Medical assistance covers medically necessary services 
27.30 	and consultations delivered by a health care provider through telehealth in the same manner 
27.31 	as if the service or consultation was delivered through in-person contact. Services or 
27.32 	consultations delivered through telehealth shall be paid at the full allowable rate.
28.1 	(b) The commissioner may establish criteria that a health care provider must attest to in 
28.2 	order to demonstrate the safety or efficacy of delivering a particular service through 
28.3 	telehealth. The attestation may include that the health care provider:
28.4 	(1) has identified the categories or types of services the health care provider will provide 
28.5 	through telehealth;
28.6 	(2) has written policies and procedures specific to services delivered through telehealth 
28.7 	that are regularly reviewed and updated;
28.8 	(3) has policies and procedures that adequately address patient safety before, during, 
28.9 	and after the service is delivered through telehealth;
28.10 	(4) has established protocols addressing how and when to discontinue telehealth services; 
28.11 	and
28.12 	(5) has an established quality assurance process related to delivering services through 
28.13 	telehealth.
28.14 	(c) As a condition of payment, a licensed health care provider must document each 
28.15 	occurrence of a health service delivered through telehealth to a medical assistance enrollee. 
28.16 	Health care service records for services delivered through telehealth must meet the 
28.17 	requirements set forth in Minnesota Rules, part 9505.2175, subparts 1 and 2, and must 
28.18 	document:
28.19 	(1) the type of service delivered through telehealth;
28.20 	(2) the time the service began and the time the service ended, including an a.m. and p.m. 
28.21 	designation;
28.22 	(3) the health care provider's basis for determining that telehealth is an appropriate and 
28.23 	effective means for delivering the service to the enrollee;
28.24 	(4) the mode of transmission used to deliver the service through telehealth and records 
28.25 	evidencing that a particular mode of transmission was utilized;
28.26 	(5) the location of the originating site and the distant site;
28.27 	(6) if the claim for payment is based on a physician's consultation with another physician 
28.28 	through telehealth, the written opinion from the consulting physician providing the telehealth 
28.29 	consultation; and
28.30 	(7) compliance with the criteria attested to by the health care provider in accordance 
28.31 	with paragraph (b).
29.1 	(d) Telehealth visits, as described in this subdivision provided through audio and visual 
29.2 	communication~~,~~ or accessible video-based platforms may ~~be used to~~ satisfy the face-to-face 
29.3 	requirement for reimbursement under the payment methods that apply to a federally qualified 
29.4 	health center, rural health clinic, Indian health service, 638 tribal clinic, and certified 
29.5 	community behavioral health clinic, if the service would have otherwise qualified for 
29.6 	payment if performed in person. Beginning July 1, 2021, visits provided through telephone 
29.7 	may satisfy the face-to-face requirement for reimbursement under these payment methods 
29.8 	if the service would have otherwise qualified for payment if performed in person until the 
29.9 	COVID-19 federal public health emergency ends or July 1, 2023, whichever is earlier.
29.10 	~~(e) For mental health services or assessments delivered through telehealth that are based~~ 
29.11 	~~on an individual treatment plan, the provider may document the client's verbal approval or~~ 
29.12 	~~electronic written approval of the treatment plan or change in the treatment plan in lieu of~~ 
29.13 	~~the client's signature in accordance with Minnesota Rules, part 9505.0371.~~
29.14 	~~(f)~~ (e) For purposes of this subdivision, unless otherwise covered under this chapter:
29.15 	(1) "telehealth" means the delivery of health care services or consultations through the 
29.16 	use of real-time two-way interactive audio and visual communication to provide or support 
29.17 	health care delivery and facilitate the assessment, diagnosis, consultation, treatment, 
29.18 	education, and care management of a patient's health care. Telehealth includes the application 
29.19 	of secure video conferencing, store-and-forward technology, and synchronous interactions 
29.20 	between a patient located at an originating site and a health care provider located at a distant 
29.21 	site. Telehealth does not include communication between health care providers, or between 
29.22 	a health care provider and a patient that consists solely of an audio-only communication, 
29.23 	e-mail, or facsimile transmission or as specified by law;
29.24 	(2) "health care provider" means a health care provider as defined under section 62A.673, 
29.25 	a community paramedic as defined under section 144E.001, subdivision 5f, a community 
29.26 	health worker who meets the criteria under subdivision 49, paragraph (a), a mental health 
29.27 	certified peer specialist under section ~~256B.0615, subdivision 5~~ 245I.04, subdivision 10, a 
29.28 	mental health certified family peer specialist under section ~~256B.0616, subdivision 5~~ 245I.04, 
29.29 	subdivision 12, a mental health rehabilitation worker under section ~~256B.0623, subdivision~~ 
29.30 	~~5, paragraph (a), clause (4), and paragraph (b)~~ 245I.04, subdivision 14, a mental health 
29.31 	behavioral aide under section ~~256B.0943, subdivision 7, paragraph (b), clause (3)~~ 245I.04, 
29.32 	subdivision 16, a treatment coordinator under section 245G.11, subdivision 7, an alcohol 
29.33 	and drug counselor under section 245G.11, subdivision 5, a recovery peer under section 
29.34 	245G.11, subdivision 8; and
30.1 	(3) "originating site," "distant site," and "store-and-forward technology" have the 
30.2 	meanings given in section 62A.673, subdivision 2.

30.3 	EFFECTIVE DATE. This section is effective July 1, 2022, or upon federal approval, 
30.4 	whichever is later, except that the amendment to paragraph (d) is effective retroactively 
30.5 	from July 1, 2021, and expires when the COVID-19 federal public health emergency ends 
30.6 	or July 1, 2023, whichever is earlier. The commissioner of human services shall notify the 
30.7 	revisor of statutes when federal approval is obtained and when the amendments to paragraph 
30.8 	(d) expire.

30.9 	Sec. 19. Minnesota Statutes 2020, section 256B.0659, subdivision 19, is amended to read:
30.10 		Subd. 19.Personal care assistance choice option; qualifications; duties. (a) Under 
30.11 	personal care assistance choice, the recipient or responsible party shall:
30.12 	(1) recruit, hire, schedule, and terminate personal care assistants according to the terms 
30.13 	of the written agreement required under subdivision 20, paragraph (a);
30.14 	(2) develop a personal care assistance care plan based on the assessed needs and 
30.15 	addressing the health and safety of the recipient with the assistance of a qualified professional 
30.16 	as needed;
30.17 	(3) orient and train the personal care assistant with assistance as needed from the qualified 
30.18 	professional;
30.19 	(4) ~~effective January 1, 2010,~~ supervise and evaluate the personal care assistant with the 
30.20 	qualified professional, who is required to visit the recipient at least every 180 days;
30.21 	(5) monitor and verify in writing and report to the personal care assistance choice agency 
30.22 	the number of hours worked by the personal care assistant and the qualified professional;
30.23 	(6) engage in an annual ~~face-to-face~~ reassessment as required in subdivision 3a to 
30.24 	determine continuing eligibility and service authorization; and
30.25 	(7) use the same personal care assistance choice provider agency if shared personal 
30.26 	assistance care is being used.
30.27 	(b) The personal care assistance choice provider agency shall:
30.28 	(1) meet all personal care assistance provider agency standards;
30.29 	(2) enter into a written agreement with the recipient, responsible party, and personal 
30.30 	care assistants;
31.1 	(3) not be related as a parent, child, sibling, or spouse to the recipient or the personal 
31.2 	care assistant; and
31.3 	(4) ensure arm's-length transactions without undue influence or coercion with the recipient 
31.4 	and personal care assistant.
31.5 	(c) The duties of the personal care assistance choice provider agency are to:
31.6 	(1) be the employer of the personal care assistant and the qualified professional for 
31.7 	employment law and related regulations including~~,~~ but not limited to~~,~~ purchasing and 
31.8 	maintaining workers' compensation, unemployment insurance, surety and fidelity bonds, 
31.9 	and liability insurance, and submit any or all necessary documentation including~~,~~ but not 
31.10 	limited to~~,~~ workers' compensation, unemployment insurance, and labor market data required 
31.11 	under section 256B.4912, subdivision 1a;
31.12 	(2) bill the medical assistance program for personal care assistance services and qualified 
31.13 	professional services;
31.14 	(3) request and complete background studies that comply with the requirements for 
31.15 	personal care assistants and qualified professionals;
31.16 	(4) pay the personal care assistant and qualified professional based on actual hours of 
31.17 	services provided;
31.18 	(5) withhold and pay all applicable federal and state taxes;
31.19 	(6) verify and keep records of hours worked by the personal care assistant and qualified 
31.20 	professional;
31.21 	(7) make the arrangements and pay taxes and other benefits, if any, and comply with 
31.22 	any legal requirements for a Minnesota employer;
31.23 	(8) enroll in the medical assistance program as a personal care assistance choice agency; 
31.24 	and
31.25 	(9) enter into a written agreement as specified in subdivision 20 before services are 
31.26 	provided.

31.27 	Sec. 20. Minnesota Statutes 2021 Supplement, section 256B.0671, subdivision 6, is 
31.28 	amended to read:
31.29 		Subd. 6.Dialectical behavior therapy. (a) Subject to federal approval, medical assistance 
31.30 	covers intensive mental health outpatient treatment for dialectical behavior therapy for 
31.31 	adults. A dialectical behavior therapy provider must make reasonable and good faith efforts 
32.1 	to report individual client outcomes to the commissioner using instruments and protocols 
32.2 	that are approved by the commissioner.
32.3 	(b) "Dialectical behavior therapy" means an evidence-based treatment approach that a 
32.4 	mental health professional or clinical trainee provides to a client or a group of clients in an 
32.5 	intensive outpatient treatment program using a combination of individualized rehabilitative 
32.6 	and psychotherapeutic interventions. A dialectical behavior therapy program involves: 
32.7 	individual dialectical behavior therapy, group skills training, telephone coaching, and team 
32.8 	consultation meetings.
32.9 	(c) To be eligible for dialectical behavior therapy, a client must:
32.10 	~~(1) be 18 years of age or older;~~
32.11 	~~(2)~~ (1) have mental health needs that available community-based services cannot meet 
32.12 	or that the client must receive concurrently with other community-based services;
32.13 	~~(3)~~ (2) have either:
32.14 	(i) a diagnosis of borderline personality disorder; or
32.15 	(ii) multiple mental health diagnoses, exhibit behaviors characterized by impulsivity or 
32.16 	intentional self-harm, and be at significant risk of death, morbidity, disability, or severe 
32.17 	dysfunction in multiple areas of the client's life;
32.18 	~~(4)~~ (3) be cognitively capable of participating in dialectical behavior therapy as an 
32.19 	intensive therapy program and be able and willing to follow program policies and rules to 
32.20 	ensure the safety of the client and others; and
32.21 	~~(5)~~ (4) be at significant risk of one or more of the following if the client does not receive 
32.22 	dialectical behavior therapy:
32.23 	(i) having a mental health crisis;
32.24 	(ii) requiring a more restrictive setting such as hospitalization;
32.25 	(iii) decompensating; or
32.26 	(iv) engaging in intentional self-harm behavior.
32.27 	(d) Individual dialectical behavior therapy combines individualized rehabilitative and 
32.28 	psychotherapeutic interventions to treat a client's suicidal and other dysfunctional behaviors 
32.29 	and to reinforce a client's use of adaptive skillful behaviors. A mental health professional 
32.30 	or clinical trainee must provide individual dialectical behavior therapy to a client. A mental 
32.31 	health professional or clinical trainee providing dialectical behavior therapy to a client must:
33.1 	(1) identify, prioritize, and sequence the client's behavioral targets;
33.2 	(2) treat the client's behavioral targets;
33.3 	(3) assist the client in applying dialectical behavior therapy skills to the client's natural 
33.4 	environment through telephone coaching outside of treatment sessions;
33.5 	(4) measure the client's progress toward dialectical behavior therapy targets;
33.6 	(5) help the client manage mental health crises and life-threatening behaviors; and
33.7 	(6) help the client learn and apply effective behaviors when working with other treatment 
33.8 	providers.
33.9 	(e) Group skills training combines individualized psychotherapeutic and psychiatric 
33.10 	rehabilitative interventions conducted in a group setting to reduce the client's suicidal and 
33.11 	other dysfunctional coping behaviors and restore function. Group skills training must teach 
33.12 	the client adaptive skills in the following areas: (1) mindfulness; (2) interpersonal 
33.13 	effectiveness; (3) emotional regulation; and (4) distress tolerance.
33.14 	(f) Group skills training must be provided by two mental health professionals or by a 
33.15 	mental health professional co-facilitating with a clinical trainee or a mental health practitioner. 
33.16 	Individual skills training must be provided by a mental health professional, a clinical trainee, 
33.17 	or a mental health practitioner.
33.18 	(g) Before a program provides dialectical behavior therapy to a client, the commissioner 
33.19 	must certify the program as a dialectical behavior therapy provider. To qualify for 
33.20 	certification as a dialectical behavior therapy provider, a provider must:
33.21 	(1) allow the commissioner to inspect the provider's program;
33.22 	(2) provide evidence to the commissioner that the program's policies, procedures, and 
33.23 	practices meet the requirements of this subdivision and chapter 245I;
33.24 	(3) be enrolled as a MHCP provider; and
33.25 	(4) have a manual that outlines the program's policies, procedures, and practices that 
33.26 	meet the requirements of this subdivision.

33.27 	EFFECTIVE DATE. This section is effective July 1, 2022, or upon federal approval, 
33.28 	whichever is later. The commissioner of human services shall notify the revisor of statutes 
33.29 	when federal approval is obtained.

34.1 	Sec. 21. Minnesota Statutes 2021 Supplement, section 256B.0911, subdivision 3a, is 
34.2 	amended to read:
34.3 		Subd. 3a.Assessment and support planning. (a) Persons requesting assessment, services 
34.4 	planning, or other assistance intended to support community-based living, including persons 
34.5 	who need assessment ~~in order~~ to determine waiver or alternative care program eligibility, 
34.6 	must be visited by a long-term care consultation team within 20 calendar days after the date 
34.7 	on which an assessment was requested or recommended. Upon statewide implementation 
34.8 	of subdivisions 2b, 2c, and 5, this requirement also applies to an assessment of a person 
34.9 	requesting personal care assistance services. The commissioner shall provide at least a 
34.10 	90-day notice to lead agencies prior to the effective date of this requirement. Assessments 
34.11 	must be conducted according to paragraphs (b) to (r).
34.12 	(b) Upon implementation of subdivisions 2b, 2c, and 5, lead agencies shall use certified 
34.13 	assessors to conduct the assessment. For a person with complex health care needs, a public 
34.14 	health or registered nurse from the team must be consulted.
34.15 	(c) The MnCHOICES assessment provided by the commissioner to lead agencies must 
34.16 	be used to complete a comprehensive, conversation-based, person-centered assessment. 
34.17 	The assessment must include the health, psychological, functional, environmental, and 
34.18 	social needs of the individual necessary to develop a person-centered community support 
34.19 	plan that meets the individual's needs and preferences.
34.20 	(d) Except as provided in paragraph (r), the assessment must be conducted by a certified 
34.21 	assessor in a face-to-face conversational interview with the person being assessed. The 
34.22 	person's legal representative must provide input during the assessment process and may do 
34.23 	so remotely if requested. At the request of the person, other individuals may participate in 
34.24 	the assessment to provide information on the needs, strengths, and preferences of the person 
34.25 	necessary to develop a community support plan that ensures the person's health and safety. 
34.26 	Except for legal representatives or family members invited by the person, persons 
34.27 	participating in the assessment may not be a provider of service or have any financial interest 
34.28 	in the provision of services. For persons who are to be assessed for elderly waiver customized 
34.29 	living or adult day services under chapter 256S, with the permission of the person being 
34.30 	assessed or the person's designated or legal representative, the client's current or proposed 
34.31 	provider of services may submit a copy of the provider's nursing assessment or written 
34.32 	report outlining its recommendations regarding the client's care needs. The person conducting 
34.33 	the assessment must notify the provider of the date by which this information is to be 
34.34 	submitted. This information shall be provided to the person conducting the assessment prior 
34.35 	to the assessment. For a person who is to be assessed for waiver services under section 
35.1 	256B.092 or 256B.49, with the permission of the person being assessed or the person's 
35.2 	designated legal representative, the person's current provider of services may submit a 
35.3 	written report outlining recommendations regarding the person's care needs the person 
35.4 	completed in consultation with someone who is known to the person and has interaction 
35.5 	with the person on a regular basis. The provider must submit the report at least 60 days 
35.6 	before the end of the person's current service agreement. The certified assessor must consider 
35.7 	the content of the submitted report prior to finalizing the person's assessment or reassessment.
35.8 	(e) The certified assessor and the individual responsible for developing the coordinated 
35.9 	service and support plan must complete the community support plan and the coordinated 
35.10 	service and support plan no more than 60 calendar days from the assessment visit. The 
35.11 	person or the person's legal representative must be provided with a written community 
35.12 	support plan within the timelines established by the commissioner, regardless of whether 
35.13 	the person is eligible for Minnesota health care programs.
35.14 	(f) For a person being assessed for elderly waiver services under chapter 256S, a provider 
35.15 	who submitted information under paragraph (d) shall receive the final written community 
35.16 	support plan when available and the Residential Services Workbook.
35.17 	(g) The written community support plan must include:
35.18 	(1) a summary of assessed needs as defined in paragraphs (c) and (d);
35.19 	(2) the individual's options and choices to meet identified needs, including:
35.20 	(i) all available options for case management services and providers;
35.21 	(ii) all available options for employment services, settings, and providers;
35.22 	(iii) all available options for living arrangements;
35.23 	(iv) all available options for self-directed services and supports, including self-directed 
35.24 	budget options; and
35.25 	(v) service provided in a non-disability-specific setting;
35.26 	(3) identification of health and safety risks and how those risks will be addressed, 
35.27 	including personal risk management strategies;
35.28 	(4) referral information; and
35.29 	(5) informal caregiver supports, if applicable.
36.1 	For a person determined eligible for state plan home care under subdivision 1a, paragraph 
36.2 	(b), clause (1), the person or person's representative must also receive a copy of the home 
36.3 	care service plan developed by the certified assessor.
36.4 	(h) A person may request assistance in identifying community supports without 
36.5 	participating in a complete assessment. Upon a request for assistance identifying community 
36.6 	support, the person must be transferred or referred to long-term care options counseling 
36.7 	services available under sections 256.975, subdivision 7, and 256.01, subdivision 24, for 
36.8 	telephone assistance and follow up.
36.9 	(i) The person has the right to make the final decision:
36.10 	(1) between institutional placement and community placement after the recommendations 
36.11 	have been provided, except as provided in section 256.975, subdivision 7a, paragraph (d);
36.12 	(2) between community placement in a setting controlled by a provider and living 
36.13 	independently in a setting not controlled by a provider;
36.14 	(3) between day services and employment services; and
36.15 	(4) regarding available options for self-directed services and supports, including 
36.16 	self-directed funding options.
36.17 	(j) The lead agency must give the person receiving long-term care consultation services 
36.18 	or the person's legal representative, materials, and forms supplied by the commissioner 
36.19 	containing the following information:
36.20 	(1) written recommendations for community-based services and consumer-directed 
36.21 	options;
36.22 	(2) documentation that the most cost-effective alternatives available were offered to the 
36.23 	individual. For purposes of this clause, "cost-effective" means community services and 
36.24 	living arrangements that cost the same as or less than institutional care. For an individual 
36.25 	found to meet eligibility criteria for home and community-based service programs under 
36.26 	chapter 256S or section 256B.49, "cost-effectiveness" has the meaning found in the federally 
36.27 	approved waiver plan for each program;
36.28 	(3) the need for and purpose of preadmission screening conducted by long-term care 
36.29 	options counselors according to section 256.975, subdivisions 7a to 7c, if the person selects 
36.30 	nursing facility placement. If the individual selects nursing facility placement, the lead 
36.31 	agency shall forward information needed to complete the level of care determinations and 
36.32 	screening for developmental disability and mental illness collected during the assessment 
36.33 	to the long-term care options counselor using forms provided by the commissioner;
37.1 	(4) the role of long-term care consultation assessment and support planning in eligibility 
37.2 	determination for waiver and alternative care programs, and state plan home care, case 
37.3 	management, and other services as defined in subdivision 1a, paragraphs (a), clause (6), 
37.4 	and (b);
37.5 	(5) information about Minnesota health care programs;
37.6 	(6) the person's freedom to accept or reject the recommendations of the team;
37.7 	(7) the person's right to confidentiality under the Minnesota Government Data Practices 
37.8 	Act, chapter 13;
37.9 	(8) the certified assessor's decision regarding the person's need for institutional level of 
37.10 	care as determined under criteria established in subdivision 4e and the certified assessor's 
37.11 	decision regarding eligibility for all services and programs as defined in subdivision 1a, 
37.12 	paragraphs (a), clause (6), and (b);
37.13 	(9) the person's right to appeal the certified assessor's decision regarding eligibility for 
37.14 	all services and programs as defined in subdivision 1a, paragraphs (a), clauses (6), (7), and 
37.15 	(8), and (b), and incorporating the decision regarding the need for institutional level of care 
37.16 	or the lead agency's final decisions regarding public programs eligibility according to section 
37.17 	256.045, subdivision 3. The certified assessor must verbally communicate this appeal right 
37.18 	to the person and must visually point out where in the document the right to appeal is stated; 
37.19 	and
37.20 	(10) documentation that available options for employment services, independent living, 
37.21 	and self-directed services and supports were described to the individual.
37.22 	(k) An assessment that is completed as part of an eligibility determination for multiple 
37.23 	programs for the alternative care, elderly waiver, developmental disabilities, community 
37.24 	access for disability inclusion, community alternative care, and brain injury waiver programs 
37.25 	under chapter 256S and sections 256B.0913, 256B.092, and 256B.49 is valid to establish 
37.26 	service eligibility for no more than 60 calendar days after the date of the assessment.
37.27 	(l) The effective eligibility start date for programs in paragraph (k) can never be prior 
37.28 	to the date of assessment. If an assessment was completed more than 60 days before the 
37.29 	effective waiver or alternative care program eligibility start date, assessment and support 
37.30 	plan information must be updated and documented in the department's Medicaid Management 
37.31 	Information System (MMIS). Notwithstanding retroactive medical assistance coverage of 
37.32 	state plan services, the effective date of eligibility for programs included in paragraph (k) 
37.33 	cannot be prior to the date the most recent updated assessment is completed.
38.1 	(m) If an eligibility update is completed within 90 days of the previous assessment and 
38.2 	documented in the department's Medicaid Management Information System (MMIS), the 
38.3 	effective date of eligibility for programs included in paragraph (k) is the date of the previous 
38.4 	face-to-face assessment when all other eligibility requirements are met.
38.5 	(n) If a person who receives home and community-based waiver services under section 
38.6 	256B.0913, 256B.092, or 256B.49 or chapter 256S temporarily enters for 121 days or fewer 
38.7 	a hospital, institution of mental disease, nursing facility, intensive residential treatment 
38.8 	services program, transitional care unit, or inpatient substance use disorder treatment setting, 
38.9 	the person may return to the community with home and community-based waiver services 
38.10 	under the same waiver, without requiring an assessment or reassessment under this section, 
38.11 	unless the person's annual reassessment is otherwise due. Nothing in this paragraph shall 
38.12 	change annual long-term care consultation reassessment requirements, payment for 
38.13 	institutional or treatment services, medical assistance financial eligibility, or any other law.
38.14 	(o) At the time of reassessment, the certified assessor shall assess each person receiving 
38.15 	waiver residential supports and services currently residing in a community residential setting, 
38.16 	licensed adult foster care home that is either not the primary residence of the license holder 
38.17 	or in which the license holder is not the primary caregiver, family adult foster care residence, 
38.18 	customized living setting, or supervised living facility to determine if that person would 
38.19 	prefer to be served in a community-living setting as defined in section 256B.49, subdivision 
38.20 	23, in a setting not controlled by a provider, or to receive integrated community supports 
38.21 	as described in section 245D.03, subdivision 1, paragraph (c), clause (8). The certified 
38.22 	assessor shall offer the person, through a person-centered planning process, the option to 
38.23 	receive alternative housing and service options.
38.24 	(p) At the time of reassessment, the certified assessor shall assess each person receiving 
38.25 	waiver day services to determine if that person would prefer to receive employment services 
38.26 	as described in section 245D.03, subdivision 1, paragraph (c), clauses (5) to (7). The certified 
38.27 	assessor shall describe to the person through a person-centered planning process the option 
38.28 	to receive employment services.
38.29 	(q) At the time of reassessment, the certified assessor shall assess each person receiving 
38.30 	non-self-directed waiver services to determine if that person would prefer an available 
38.31 	service and setting option that would permit self-directed services and supports. The certified 
38.32 	assessor shall describe to the person through a person-centered planning process the option 
38.33 	to receive self-directed services and supports.
39.1 	(r) All assessments performed according to this subdivision must be face-to-face unless 
39.2 	the assessment is a reassessment meeting the requirements of this paragraph. Remote 
39.3 	reassessments conducted by interactive video or telephone may substitute for face-to-face 
39.4 	reassessments. For services provided by the developmental disabilities waiver under section 
39.5 	256B.092, and the community access for disability inclusion, community alternative care, 
39.6 	and brain injury waiver programs under section 256B.49, remote reassessments may be 
39.7 	substituted for two consecutive reassessments if followed by a face-to-face reassessment. 
39.8 	For services provided by alternative care under section 256B.0913, essential community 
39.9 	supports under section 256B.0922, and the elderly waiver under chapter 256S, remote 
39.10 	reassessments may be substituted for one reassessment if followed by a face-to-face 
39.11 	reassessment. A remote reassessment is permitted only if the person being reassessed~~, or~~ 
39.12 	~~the person's legal representative, and the lead agency case manager both agree that there is~~ 
39.13 	~~no change in the person's condition, there is no need for a change in service, and that a~~ 
39.14 	~~remote reassessment is appropriate~~ and the person's legal representative provide informed 
39.15 	choice for a remote assessment. The person being reassessed, or the person's legal 
39.16 	representative, has the right to refuse a remote reassessment at any time. During a remote 
39.17 	reassessment, if the certified assessor determines a face-to-face reassessment is necessary 
39.18 	~~in order~~ to complete the assessment, the lead agency shall schedule a face-to-face 
39.19 	reassessment. All other requirements of a face-to-face reassessment shall apply to a remote 
39.20 	reassessment, including updates to a person's support plan.

39.21 	Sec. 22. Minnesota Statutes 2021 Supplement, section 256B.0946, subdivision 1, is 
39.22 	amended to read:
39.23 		Subdivision 1.Required covered service components. (a) Subject to federal approval, 
39.24 	medical assistance covers medically necessary intensive treatment services when the services 
39.25 	are provided by a provider entity certified under and meeting the standards in this section. 
39.26 	The provider entity must make reasonable and good faith efforts to report individual client 
39.27 	outcomes to the commissioner, using instruments and protocols approved by the 
39.28 	commissioner.
39.29 	(b) Intensive treatment services to children with mental illness residing in foster family 
39.30 	settings that comprise specific required service components provided in clauses (1) to (6) 
39.31 	are reimbursed by medical assistance when they meet the following standards:
39.32 	(1) psychotherapy provided by a mental health professional or a clinical trainee;
39.33 	(2) crisis planning;
40.1 	(3) individual, family, and group psychoeducation services provided by a mental health 
40.2 	professional or a clinical trainee;
40.3 	(4) clinical care consultation provided by a mental health professional or a clinical 
40.4 	trainee;
40.5 	(5) individual treatment plan development as defined in ~~Minnesota Rules, part 9505.0371,~~ 
40.6 	~~subpart 7~~ section 245I.10, subdivisions 7 and 8; and
40.7 	(6) service delivery payment requirements as provided under subdivision 4.

40.8 	EFFECTIVE DATE. This section is effective July 1, 2022, or upon federal approval, 
40.9 	whichever is later. The commissioner of human services shall notify the revisor of statutes 
40.10 	when federal approval is obtained.

40.11 	Sec. 23. Minnesota Statutes 2021 Supplement, section 256B.0947, subdivision 6, is 
40.12 	amended to read:
40.13 		Subd. 6.Service standards. The standards in this subdivision apply to intensive 
40.14 	nonresidential rehabilitative mental health services.
40.15 	(a) The treatment team must use team treatment, not an individual treatment model.
40.16 	(b) Services must be available at times that meet client needs.
40.17 	(c) Services must be age-appropriate and meet the specific needs of the client.
40.18 	(d) The level of care assessment as defined in section 245I.02, subdivision 19, and 
40.19 	functional assessment as defined in section 245I.02, subdivision 17, must be updated at 
40.20 	least every ~~90 days~~ six months or prior to discharge from the service, whichever comes 
40.21 	first.
40.22 	(e) The treatment team must complete an individual treatment plan for each client, 
40.23 	according to section 245I.10, subdivisions 7 and 8, and the individual treatment plan must:
40.24 	(1) be completed in consultation with the client's current therapist and key providers and 
40.25 	provide for ongoing consultation with the client's current therapist to ensure therapeutic 
40.26 	continuity and to facilitate the client's return to the community. For clients under the age of 
40.27 	18, the treatment team must consult with parents and guardians in developing the treatment 
40.28 	plan;
40.29 	(2) if a need for substance use disorder treatment is indicated by validated assessment:
40.30 	(i) identify goals, objectives, and strategies of substance use disorder treatment;
41.1 	(ii) develop a schedule for accomplishing substance use disorder treatment goals and 
41.2 	objectives; and
41.3 	(iii) identify the individuals responsible for providing substance use disorder treatment 
41.4 	services and supports; and
41.5 	(3) provide for the client's transition out of intensive nonresidential rehabilitative mental 
41.6 	health services by defining the team's actions to assist the client and subsequent providers 
41.7 	in the transition to less intensive or "stepped down" services~~; and~~.
41.8 	~~(4) notwithstanding section 245I.10, subdivision 8, be reviewed at least every 90 days~~ 
41.9 	~~and revised to document treatment progress or, if progress is not documented, to document~~ 
41.10 	~~changes in treatment.~~
41.11 	(f) The treatment team shall actively and assertively engage the client's family members 
41.12 	and significant others by establishing communication and collaboration with the family and 
41.13 	significant others and educating the family and significant others about the client's mental 
41.14 	illness, symptom management, and the family's role in treatment, unless the team knows or 
41.15 	has reason to suspect that the client has suffered or faces a threat of suffering any physical 
41.16 	or mental injury, abuse, or neglect from a family member or significant other.
41.17 	(g) For a client age 18 or older, the treatment team may disclose to a family member, 
41.18 	other relative, or a close personal friend of the client, or other person identified by the client, 
41.19 	the protected health information directly relevant to such person's involvement with the 
41.20 	client's care, as provided in Code of Federal Regulations, title 45, part 164.502(b). If the 
41.21 	client is present, the treatment team shall obtain the client's agreement, provide the client 
41.22 	with an opportunity to object, or reasonably infer from the circumstances, based on the 
41.23 	exercise of professional judgment, that the client does not object. If the client is not present 
41.24 	or is unable, by incapacity or emergency circumstances, to agree or object, the treatment 
41.25 	team may, in the exercise of professional judgment, determine whether the disclosure is in 
41.26 	the best interests of the client and, if so, disclose only the protected health information that 
41.27 	is directly relevant to the family member's, relative's, friend's, or client-identified person's 
41.28 	involvement with the client's health care. The client may orally agree or object to the 
41.29 	disclosure and may prohibit or restrict disclosure to specific individuals.
41.30 	(h) The treatment team shall provide interventions to promote positive interpersonal 
41.31 	relationships.

41.32 	EFFECTIVE DATE. This section is effective July 1, 2022, or upon federal approval, 
41.33 	whichever is later. The commissioner of human services shall notify the revisor of statutes 
41.34 	when federal approval is obtained.

42.1 	Sec. 24. Minnesota Statutes 2021 Supplement, section 256B.0949, subdivision 2, is 
42.2 	amended to read:
42.3 		Subd. 2.Definitions. (a) The terms used in this section have the meanings given in this 
42.4 	subdivision.
42.5 	(b) "Agency" means the legal entity that is enrolled with Minnesota health care programs 
42.6 	as a medical assistance provider according to Minnesota Rules, part 9505.0195, to provide 
42.7 	EIDBI services and that has the legal responsibility to ensure that its employees or contractors 
42.8 	carry out the responsibilities defined in this section. Agency includes a licensed individual 
42.9 	professional who practices independently and acts as an agency.
42.10 	(c) "Autism spectrum disorder or a related condition" or "ASD or a related condition" 
42.11 	means either autism spectrum disorder (ASD) as defined in the current version of the 
42.12 	Diagnostic and Statistical Manual of Mental Disorders (DSM) or a condition that is found 
42.13 	to be closely related to ASD, as identified under the current version of the DSM, and meets 
42.14 	all of the following criteria:
42.15 	(1) is severe and chronic;
42.16 	(2) results in impairment of adaptive behavior and function similar to that of a person 
42.17 	with ASD;
42.18 	(3) requires treatment or services similar to those required for a person with ASD; and
42.19 	(4) results in substantial functional limitations in three core developmental deficits of 
42.20 	ASD: social or interpersonal interaction; functional communication, including nonverbal 
42.21 	or social communication; and restrictive or repetitive behaviors or hyperreactivity or 
42.22 	hyporeactivity to sensory input; and may include deficits or a high level of support in one 
42.23 	or more of the following domains:
42.24 	(i) behavioral challenges and self-regulation;
42.25 	(ii) cognition;
42.26 	(iii) learning and play;
42.27 	(iv) self-care; or
42.28 	(v) safety.
42.29 	(d) "Person" means a person under 21 years of age.
42.30 	(e) "Clinical supervision" means the overall responsibility for the control and direction 
42.31 	of EIDBI service delivery, including individual treatment planning, staff supervision, 
43.1 	individual treatment plan progress monitoring, and treatment review for each person. Clinical 
43.2 	supervision is provided by a qualified supervising professional (QSP) who takes full 
43.3 	professional responsibility for the service provided by each supervisee.
43.4 	(f) "Commissioner" means the commissioner of human services, unless otherwise 
43.5 	specified.
43.6 	(g) "Comprehensive multidisciplinary evaluation" or "CMDE" means a comprehensive 
43.7 	evaluation of a person to determine medical necessity for EIDBI services based on the 
43.8 	requirements in subdivision 5.
43.9 	(h) "Department" means the Department of Human Services, unless otherwise specified.
43.10 	(i) "Early intensive developmental and behavioral intervention benefit" or "EIDBI 
43.11 	benefit" means a variety of individualized, intensive treatment modalities approved and 
43.12 	published by the commissioner that are based in behavioral and developmental science 
43.13 	consistent with best practices on effectiveness.
43.14 	(j) "Generalizable goals" means results or gains that are observed during a variety of 
43.15 	activities over time with different people, such as providers, family members, other adults, 
43.16 	and people, and in different environments including~~,~~ but not limited to~~,~~ clinics, homes, 
43.17 	schools, and the community.
43.18 	(k) "Incident" means when any of the following occur:
43.19 	(1) an illness, accident, or injury that requires first aid treatment;
43.20 	(2) a bump or blow to the head; or
43.21 	(3) an unusual or unexpected event that jeopardizes the safety of a person or staff, 
43.22 	including a person leaving the agency unattended.
43.23 	(l) "Individual treatment plan" or "ITP" means the person-centered, individualized written 
43.24 	plan of care that integrates and coordinates person and family information from the CMDE 
43.25 	for a person who meets medical necessity for the EIDBI benefit. An individual treatment 
43.26 	plan must meet the standards in subdivision 6.
43.27 	(m) "Legal representative" means the parent of a child who is under 18 years of age, a 
43.28 	court-appointed guardian, or other representative with legal authority to make decisions 
43.29 	about service for a person. For the purpose of this subdivision, "other representative with 
43.30 	legal authority to make decisions" includes a health care agent or an attorney-in-fact 
43.31 	authorized through a health care directive or power of attorney.
44.1 	(n) "Mental health professional" means a staff person who is qualified according to 
44.2 	section 245I.04, subdivision 2.
44.3 	(o) "Person-centered" means a service that both responds to the identified needs, interests, 
44.4 	values, preferences, and desired outcomes of the person or the person's legal representative 
44.5 	and respects the person's history, dignity, and cultural background and allows inclusion and 
44.6 	participation in the person's community.
44.7 	(p) "Qualified EIDBI provider" means a person who is a QSP or a level I, level II, or 
44.8 	level III treatment provider.
44.9 	(q) "Advanced certification" means a person who has completed advanced certification 
44.10 	in an approved modality under subdivision 13, paragraph (b).

44.11 	Sec. 25. Minnesota Statutes 2021 Supplement, section 256B.0949, subdivision 13, is 
44.12 	amended to read:
44.13 		Subd. 13.Covered services. (a) The services described in paragraphs (b) to (l) are 
44.14 	eligible for reimbursement by medical assistance under this section. Services must be 
44.15 	provided by a qualified EIDBI provider and supervised by a QSP. An EIDBI service must 
44.16 	address the person's medically necessary treatment goals and must be targeted to develop, 
44.17 	enhance, or maintain the individual developmental skills of a person with ASD or a related 
44.18 	condition to improve functional communication, including nonverbal or social 
44.19 	communication, social or interpersonal interaction, restrictive or repetitive behaviors, 
44.20 	hyperreactivity or hyporeactivity to sensory input, behavioral challenges and self-regulation, 
44.21 	cognition, learning and play, self-care, and safety.
44.22 	(b) EIDBI treatment must be delivered consistent with the standards of an approved 
44.23 	modality, as published by the commissioner. EIDBI modalities include:
44.24 	(1) applied behavior analysis (ABA);
44.25 	(2) developmental individual-difference relationship-based model (DIR/Floortime);
44.26 	(3) early start Denver model (ESDM);
44.27 	(4) PLAY project;
44.28 	(5) relationship development intervention (RDI); or
44.29 	(6) additional modalities not listed in clauses (1) to (5) upon approval by the 
44.30 	commissioner.
45.1 	(c) An EIDBI provider may use one or more of the EIDBI modalities in paragraph (b), 
45.2 	clauses (1) to (5), as the primary modality for treatment as a covered service, or several 
45.3 	EIDBI modalities in combination as the primary modality of treatment, as approved by the 
45.4 	commissioner. An EIDBI provider that identifies and provides assurance of qualifications 
45.5 	for a single specific treatment modality, including an EIDBI provider with advanced 
45.6 	certification overseeing implementation, must document the required qualifications to meet 
45.7 	fidelity to the specific model in a manner determined by the commissioner.
45.8 	(d) Each qualified EIDBI provider must identify and provide assurance of qualifications 
45.9 	for professional licensure certification, or training in evidence-based treatment methods, 
45.10 	and must document the required qualifications outlined in subdivision 15 in a manner 
45.11 	determined by the commissioner.
45.12 	(e) CMDE is a comprehensive evaluation of the person's developmental status to 
45.13 	determine medical necessity for EIDBI services and meets the requirements of subdivision 
45.14 	5. The services must be provided by a qualified CMDE provider.
45.15 	(f) EIDBI intervention observation and direction is the clinical direction and oversight 
45.16 	of EIDBI services by the QSP, level I treatment provider, or level II treatment provider, 
45.17 	including developmental and behavioral techniques, progress measurement, data collection, 
45.18 	function of behaviors, and generalization of acquired skills for the direct benefit of a person. 
45.19 	EIDBI intervention observation and direction informs any modification of the current 
45.20 	treatment protocol to support the outcomes outlined in the ITP.
45.21 	(g) Intervention is medically necessary direct treatment provided to a person with ASD 
45.22 	or a related condition as outlined in their ITP. All intervention services must be provided 
45.23 	under the direction of a QSP. Intervention may take place across multiple settings. The 
45.24 	frequency and intensity of intervention services are provided based on the number of 
45.25 	treatment goals, person and family or caregiver preferences, and other factors. Intervention 
45.26 	services may be provided individually or in a group. Intervention with a higher provider 
45.27 	ratio may occur when deemed medically necessary through the person's ITP.
45.28 	(1) Individual intervention is treatment by protocol administered by a single qualified 
45.29 	EIDBI provider delivered to one person.
45.30 	(2) Group intervention is treatment by protocol provided by one or more qualified EIDBI 
45.31 	providers, delivered to at least two people who receive EIDBI services.
45.32 	(3) Higher provider ratio intervention is treatment with protocol modification provided 
45.33 	by two or more qualified EIDBI providers delivered to one person in an environment that 
45.34 	meets the person's needs and under the direction of the QSP or level I provider.
46.1 	(h) ITP development and ITP progress monitoring is development of the initial, annual, 
46.2 	and progress monitoring of an ITP. ITP development and ITP progress monitoring documents 
46.3 	provide oversight and ongoing evaluation of a person's treatment and progress on targeted 
46.4 	goals and objectives and integrate and coordinate the person's and the person's legal 
46.5 	representative's information from the CMDE and ITP progress monitoring. This service 
46.6 	must be reviewed and completed by the QSP, and may include input from a level I provider 
46.7 	or a level II provider.
46.8 	(i) Family caregiver training and counseling is specialized training and education for a 
46.9 	family or primary caregiver to understand the person's developmental status and help with 
46.10 	the person's needs and development. This service must be provided by the QSP, level I 
46.11 	provider, or level II provider.
46.12 	(j) A coordinated care conference is a voluntary meeting with the person and the person's 
46.13 	family to review the CMDE or ITP progress monitoring and to integrate and coordinate 
46.14 	services across providers and service-delivery systems to develop the ITP. This service 
46.15 	~~must be provided by the QSP and~~ may include the CMDE provider ~~or~~, QSP, a level I 
46.16 	provider, or a level II provider.
46.17 	(k) Travel time is allowable billing for traveling to and from the person's home, school, 
46.18 	a community setting, or place of service outside of an EIDBI center, clinic, or office from 
46.19 	a specified location to provide in-person EIDBI intervention, observation and direction, or 
46.20 	family caregiver training and counseling. The person's ITP must specify the reasons the 
46.21 	provider must travel to the person.
46.22 	(l) Medical assistance covers medically necessary EIDBI services and consultations 
46.23 	delivered ~~by a licensed health care provider~~ via telehealth, as defined under section 
46.24 	256B.0625, subdivision 3b, in the same manner as if the service or consultation was delivered 
46.25 	in person.

46.26 	Sec. 26. Minnesota Statutes 2020, section 256K.26, subdivision 6, is amended to read:
46.27 		Subd. 6.Outcomes. Projects will be selected to further the following outcomes:
46.28 	(1) reduce the number of Minnesota individuals and families that experience long-term 
46.29 	homelessness;
46.30 	(2) increase the number of housing opportunities with supportive services;
46.31 	(3) develop integrated, cost-effective service models that address the multiple barriers 
46.32 	to obtaining housing stability faced by people experiencing long-term homelessness, 
47.1 	including abuse, neglect, chemical dependency, disability, chronic health problems, or other 
47.2 	factors including ethnicity and race that may result in poor outcomes or service disparities;
47.3 	(4) encourage partnerships among counties, Tribes, community agencies, schools, and 
47.4 	other providers so that the service delivery system is seamless for people experiencing 
47.5 	long-term homelessness;
47.6 	(5) increase employability, self-sufficiency, and other social outcomes for individuals 
47.7 	and families experiencing long-term homelessness; and
47.8 	(6) reduce inappropriate use of emergency health care, shelter, ~~chemical dependency~~
47.9 	substance use disorder treatment, foster care, child protection, corrections, and similar 
47.10 	services used by people experiencing long-term homelessness.

47.11 	Sec. 27. Minnesota Statutes 2020, section 256K.26, subdivision 7, is amended to read:
47.12 		Subd. 7.Eligible services. Services eligible for funding under this section are all services 
47.13 	needed to maintain households in permanent supportive housing, as determined by the 
47.14 	~~county or~~ counties or Tribes administering the project or projects.

47.15 	Sec. 28. Minnesota Statutes 2021 Supplement, section 256P.01, subdivision 6a, is amended 
47.16 	to read:
47.17 		Subd. 6a.Qualified professional. (a) For illness, injury, or incapacity, a "qualified 
47.18 	professional" means a licensed physician, physician assistant, advanced practice registered 
47.19 	nurse, physical therapist, occupational therapist, or licensed chiropractor, according to their 
47.20 	scope of practice.
47.21 	(b) For developmental disability, learning disability, and intelligence testing, a "qualified 
47.22 	professional" means a licensed physician, physician assistant, advanced practice registered 
47.23 	nurse, licensed independent clinical social worker, licensed psychologist, certified school 
47.24 	psychologist, or certified psychometrist working under the supervision of a licensed 
47.25 	psychologist.
47.26 	(c) For mental health, a "qualified professional" means a licensed physician, advanced 
47.27 	practice registered nurse, or qualified mental health professional under section 245I.04, 
47.28 	subdivision 2.
47.29 	(d) For substance use disorder, a "qualified professional" means a licensed physician, a 
47.30 	qualified mental health professional under section ~~245.462, subdivision 18, clauses (1) to~~ 
47.31 	~~(6)~~ 245I.04, subdivision 2, or an individual as defined in section 245G.11, subdivision 3, 
47.32 	4, or 5.

48.1 	EFFECTIVE DATE. This section is effective July 1, 2022, or upon federal approval, 
48.2 	whichever is later. The commissioner of human services shall notify the revisor of statutes 
48.3 	when federal approval is obtained.

48.4 	Sec. 29. Minnesota Statutes 2020, section 256Q.06, is amended by adding a subdivision 
48.5 	to read:
48.6 		Subd. 6.Account creation. If an eligible individual is unable to establish the eligible 
48.7 	individual's own ABLE account, an ABLE account may be established on behalf of the 
48.8 	eligible individual by the eligible individual's agent under a power of attorney or, if none, 
48.9 	by the eligible individual's conservator or legal guardian, spouse, parent, sibling, or 
48.10 	grandparent or a representative payee appointed for the eligible individual by the Social 
48.11 	Security Administration, in that order.

48.12 	EFFECTIVE DATE. This section is effective the day following final enactment.

48.13 	Sec. 30. Laws 2020, First Special Session chapter 7, section 1, subdivision 1, as amended 
48.14 	by Laws 2021, First Special Session chapter 7, article 2, section 71, is amended to read:
48.15 		Subdivision 1.Waivers and modifications; federal funding extension. When the 
48.16 	peacetime emergency declared by the governor in response to the COVID-19 outbreak 
48.17 	expires, is terminated, or is rescinded by the proper authority, the following waivers and 
48.18 	modifications to human services programs issued by the commissioner of human services 
48.19 	pursuant to Executive Orders 20-11 and 20-12 ~~that are required to comply with federal law~~
48.20 	may remain in effect for the time period set out in applicable federal law or for the time 
48.21 	period set out in any applicable federally approved waiver or state plan amendment, 
48.22 	whichever is later:
48.23 	(1) CV15: allowing telephone or video visits for waiver programs;
48.24 	(2) CV17: preserving health care coverage for Medical Assistance and MinnesotaCare;
48.25 	(3) CV18: implementation of federal changes to the Supplemental Nutrition Assistance 
48.26 	Program;
48.27 	(4) CV20: eliminating cost-sharing for COVID-19 diagnosis and treatment;
48.28 	(5) CV24: allowing telephone or video use for targeted case management visits;
48.29 	(6) CV30: expanding telemedicine in health care, mental health, and substance use 
48.30 	disorder settings;
49.1 	(7) CV37: implementation of federal changes to the Supplemental Nutrition Assistance 
49.2 	Program;
49.3 	(8) CV39: implementation of federal changes to the Supplemental Nutrition Assistance 
49.4 	Program;
49.5 	(9) CV42: implementation of federal changes to the Supplemental Nutrition Assistance 
49.6 	Program;
49.7 	(10) CV43: expanding remote home and community-based waiver services;
49.8 	(11) CV44: allowing remote delivery of adult day services;
49.9 	(12) CV59: modifying eligibility period for the federally funded Refugee Cash Assistance 
49.10 	Program;
49.11 	(13) CV60: modifying eligibility period for the federally funded Refugee Social Services 
49.12 	Program; and
49.13 	(14) CV109: providing 15 percent increase for Minnesota Food Assistance Program and 
49.14 	Minnesota Family Investment Program maximum food benefits.

49.15 	Sec. 31. REVISOR INSTRUCTION.
 49.16 	In Minnesota Statutes, chapters 245G, 253B, 254A, and 254B, the revisor of statutes 
49.17 	shall change the term "chemical dependency" or similar terms to "substance use disorder." 
49.18 	The revisor may make grammatical changes related to the term change.

49.19 	Sec. 32. REPEALER.
 49.20 	(a) Minnesota Statutes 2020, sections 254A.04; and 254B.14, subdivisions 1, 2, 3, 4, 
49.21 	and 6, are repealed.
49.22 	(b) Minnesota Statutes 2021 Supplement, section 254B.14, subdivision 5, is repealed.

APPENDIX 

Repealed Minnesota Statutes: 22-06071 

254A.04 CITIZENS ADVISORY COUNCIL.
There is hereby created an Alcohol and Other Drug Abuse Advisory Council to advise the Department of Human Services concerning the problems of substance misuse and substance use disorder, composed of ten members. Five members shall be individuals whose interests or training are in the field of alcohol-specific substance use disorder and alcohol misuse; and five members whose interests or training are in the field of substance use disorder and misuse of substances other than alcohol. The terms, compensation and removal of members shall be as provided in section 15.059. The council expires June 30, 2018. The commissioner of human services shall appoint members whose terms end in even-numbered years. The commissioner of health shall appoint members whose terms end in odd-numbered years. 

254B.14 CONTINUUM OF CARE PILOT PROJECTS; CHEMICAL HEALTH CARE.Subdivision 1.Authorization for continuum of care pilot projects. 
The commissioner shall establish chemical dependency continuum of care pilot projects to begin implementing the measures developed with stakeholder input and identified in the report completed pursuant to Laws 2012, chapter 247, article 5, section 8. The pilot projects are intended to improve the effectiveness and efficiency of the service continuum for chemically dependent individuals in Minnesota while reducing duplication of efforts and promoting scientifically supported practices. 

Subd. 2.Program implementation. 
(a) The commissioner, in coordination with representatives of the Minnesota Association of County Social Service Administrators and the Minnesota Inter-County Association, shall develop a process for identifying and selecting interested counties and providers for participation in the continuum of care pilot projects. There shall be three pilot projects: one representing the northern region, one for the metro region, and one for the southern region. The selection process of counties and providers must include consideration of population size, geographic distribution, cultural and racial demographics, and provider accessibility. The commissioner shall identify counties and providers that are selected for participation in the continuum of care pilot projects no later than September 30, 2013. 

(b) The commissioner and entities participating in the continuum of care pilot projects shall enter into agreements governing the operation of the continuum of care pilot projects. The agreements shall identify pilot project outcomes and include timelines for implementation and beginning operation of the pilot projects. 

(c) Entities that are currently participating in the navigator pilot project are eligible to participate in the continuum of care pilot project subsequent to or instead of participating in the navigator pilot project. 

(d) The commissioner may waive administrative rule requirements that are incompatible with implementation of the continuum of care pilot projects. 

(e) Notwithstanding section 254A.19, the commissioner may designate noncounty entities to complete chemical use assessments and placement authorizations required under section 254A.19 and Minnesota Rules, parts 9530.6600 to 9530.6655. Section 254A.19, subdivision 3, is applicable to the continuum of care pilot projects at the discretion of the commissioner. 

Subd. 3.Program design. 
(a) The operation of the pilot projects shall include: 

(1) new services that are responsive to the chronic nature of substance use disorder; 

(2) telehealth services, when appropriate to address barriers to services; 

(3) services that assure integration with the mental health delivery system when appropriate; 

(4) services that address the needs of diverse populations; and 

(5) an assessment and access process that permits clients to present directly to a service provider for a substance use disorder assessment and authorization of services. 

(b) Prior to implementation of the continuum of care pilot projects, a utilization review process must be developed and agreed to by the commissioner, participating counties, and providers. The utilization review process shall be described in the agreements governing operation of the continuum of care pilot projects. 

Subd. 4.Notice of project discontinuation. 
Each entity's participation in the continuum of care pilot project may be discontinued for any reason by the county or the commissioner after 30 days' written notice to the entity. 

Subd. 5.Duties of commissioner. 
(a) Notwithstanding any other provisions in this chapter, the commissioner may authorize the behavioral health fund to pay for nontreatment services arranged by continuum of care pilot projects. Individuals who are currently accessing Rule 31 treatment services are eligible for concurrent participation in the continuum of care pilot projects. 

(b) County expenditures for continuum of care pilot project services shall not be greater than their expected share of forecasted expenditures in the absence of the continuum of care pilot projects. 

Subd. 6.Managed care. 
An individual who is eligible for the continuum of care pilot project is excluded from mandatory enrollment in managed care unless these services are included in the health plan's benefit set.