1.1                          A bill for an act 
  1.2             relating to human services; providing for choice of 
  1.3             residential treatment facility; allowing medical 
  1.4             assistance to reimburse facilities in border states 
  1.5             for residential services for children with severe 
  1.6             emotional disturbance; amending Minnesota Statutes 
  1.7             2000, sections 245.4882, subdivision 1; 256B.0945, 
  1.8             subdivision 1. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 2000, section 245.4882, 
  1.11  subdivision 1, is amended to read: 
  1.12     Subdivision 1.  [AVAILABILITY OF RESIDENTIAL TREATMENT 
  1.13  SERVICES.] (a) County boards must provide or contract for enough 
  1.14  residential treatment services to meet the needs of each child 
  1.15  with severe emotional disturbance residing in the county and 
  1.16  needing this level of care.  Length of stay is based on the 
  1.17  child's residential treatment need and shall be subject to the 
  1.18  six-month review process established in section 260C.212, 
  1.19  subdivisions 7 and 9.  Services must be appropriate to the 
  1.20  child's age and treatment needs and must be made available as 
  1.21  close to the county as possible.  Residential treatment must be 
  1.22  designed to:  
  1.23     (1) prevent placement in settings that are more intensive, 
  1.24  costly, or restrictive than necessary and appropriate to meet 
  1.25  the child's needs; 
  1.26     (2) help the child improve family living and social 
  1.27  interaction skills; 
  2.1      (3) help the child gain the necessary skills to return to 
  2.2   the community; 
  2.3      (4) stabilize crisis admissions; and 
  2.4      (5) work with families throughout the placement to improve 
  2.5   the ability of the families to care for children with severe 
  2.6   emotional disturbance in the home.  
  2.7      (b) A family or guardian may request that residential 
  2.8   treatment services be provided in a facility located in another 
  2.9   state.  A county board shall comply with this request if: 
  2.10     (1) the facility, in the determination of the commissioner, 
  2.11  meets the standards of Minnesota Rules, parts 9545.0905 to 
  2.12  9545.1125; 
  2.13     (2) the cost to the county does not exceed what the county 
  2.14  would otherwise have paid for residential treatment services 
  2.15  provided by a facility located in Minnesota; and 
  2.16     (3) the services provided are consistent with the child's 
  2.17  individual treatment plan. 
  2.18     Sec. 2.  Minnesota Statutes 2000, section 256B.0945, 
  2.19  subdivision 1, is amended to read: 
  2.20     Subdivision 1.  [PROVIDER QUALIFICATIONS.] (a) Counties 
  2.21  must arrange to provide residential services for children with 
  2.22  severe emotional disturbance according to sections 245.4882, 
  2.23  245.4885, and this section.  Services must be provided by a 
  2.24  facility under contract with the county that: 
  2.25     (1) is licensed according to section 245.4882 and 
  2.26  administrative rules promulgated thereunder, and under contract 
  2.27  with the county; or 
  2.28     (2) in the determination of the commissioner, meets the 
  2.29  standards of Minnesota Rules, parts 9545.0905 to 9545.1125, and 
  2.30  is located in another state. 
  2.31     (b) Medical assistance payments to facilities meeting the 
  2.32  criteria in paragraph (a), clause (2) shall be based on 
  2.33  Minnesota time-study results and the total facility payment rate 
  2.34  may not exceed the rate the county would otherwise have paid to 
  2.35  an in-state facility.  Facilities providing services under 
  2.36  subdivision 2, paragraph (a), must be accredited as a 
  3.1   psychiatric facility by the Joint Commission on Accreditation of 
  3.2   Healthcare Organizations, the Commission on Accreditation of 
  3.3   Rehabilitation Facilities, or the Council on Accreditation.  
  3.4   Accreditation is not required for facilities providing services 
  3.5   under subdivision 2, paragraph (b).