1.1 	A bill for an act
1.2 	relating to human services; allowing interactive video for targeted case 
1.3 	management;amending Minnesota Statutes 2016, sections 256B.0621, subdivision 
1.4 	10; 256B.0625, subdivision 20, by adding a subdivision; 256B.0924, by adding a 
1.5 	subdivision.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2016, section 256B.0621, subdivision 10, is amended to 
1.8 	read:
1.9 		Subd. 10.Payment rates. The commissioner shall set payment rates for targeted case 
1.10 	management under this subdivision. Case managers may bill according to the following 
1.11 	criteria:
1.12 	(1) for relocation targeted case management, case managers may bill for direct case 
1.13 	management activities, including face-to-face and contact, telephone contacts contact, and 
1.14 	interactive video contact according to section 256B.0924, subdivision 4a, in the lesser of:
1.15 	(i) 180 days preceding an eligible recipient's discharge from an institution; or
1.16 	(ii) the limits and conditions which apply to federal Medicaid funding for this service;
1.17 	(2) for home care targeted case management, case managers may bill for direct case 
1.18 	management activities, including face-to-face and telephone contacts; and
1.19 	(3) billings for targeted case management services under this subdivision shall not 
1.20 	duplicate payments made under other program authorities for the same purpose.

2.1 	Sec. 2. Minnesota Statutes 2016, section 256B.0625, subdivision 20, is amended to read:
2.2 		Subd. 20.Mental health case management. (a) To the extent authorized by rule of the 
2.3 	state agency, medical assistance covers case management services to persons with serious 
2.4 	and persistent mental illness and children with severe emotional disturbance. Services 
2.5 	provided under this section must meet the relevant standards in sections 245.461 to 245.4887, 
2.6 	the Comprehensive Adult and Children's Mental Health Acts, Minnesota Rules, parts 
2.7 	9520.0900 to 9520.0926, and 9505.0322, excluding subpart 10.
2.8 	(b) Entities meeting program standards set out in rules governing family community 
2.9 	support services as defined in section 245.4871, subdivision 17, are eligible for medical 
2.10 	assistance reimbursement for case management services for children with severe emotional 
2.11 	disturbance when these services meet the program standards in Minnesota Rules, parts 
2.12 	9520.0900 to 9520.0926 and 9505.0322, excluding subparts 6 and 10.
2.13 	(c) Medical assistance and MinnesotaCare payment for mental health case management 
2.14 	shall be made on a monthly basis. In order to receive payment for an eligible child, the 
2.15 	provider must document at least a face-to-face contact with the child, the child's parents, or 
2.16 	the child's legal representative. To receive payment for an eligible adult, the provider must 
2.17 	document:
2.18 	(1) at least a face-to-face contact with the adult or the adult's legal representative or a 
2.19 	contact by interactive video that meets the requirements of subdivision 20b; or
2.20 	(2) at least a telephone contact with the adult or the adult's legal representative and 
2.21 	document a face-to-face contact or a contact by interactive video that meets the requirements 
2.22 	of subdivision 20b with the adult or the adult's legal representative within the preceding 
2.23 	two months.
2.24 	(d) Payment for mental health case management provided by county or state staff shall 
2.25 	be based on the monthly rate methodology under section 256B.094, subdivision 6, paragraph 
2.26 	(b), with separate rates calculated for child welfare and mental health, and within mental 
2.27 	health, separate rates for children and adults.
2.28 	(e) Payment for mental health case management provided by Indian health services or 
2.29 	by agencies operated by Indian tribes may be made according to this section or other relevant 
2.30 	federally approved rate setting methodology.
2.31 	(f) Payment for mental health case management provided by vendors who contract with 
2.32 	a county or Indian tribe shall be based on a monthly rate negotiated by the host county or 
2.33 	tribe. The negotiated rate must not exceed the rate charged by the vendor for the same 
3.1 	service to other payers. If the service is provided by a team of contracted vendors, the county 
3.2 	or tribe may negotiate a team rate with a vendor who is a member of the team. The team 
3.3 	shall determine how to distribute the rate among its members. No reimbursement received 
3.4 	by contracted vendors shall be returned to the county or tribe, except to reimburse the county 
3.5 	or tribe for advance funding provided by the county or tribe to the vendor.
3.6 	(g) If the service is provided by a team which includes contracted vendors, tribal staff, 
3.7 	and county or state staff, the costs for county or state staff participation in the team shall be 
3.8 	included in the rate for county-provided services. In this case, the contracted vendor, the 
3.9 	tribal agency, and the county may each receive separate payment for services provided by 
3.10 	each entity in the same month. In order to prevent duplication of services, each entity must 
3.11 	document, in the recipient's file, the need for team case management and a description of 
3.12 	the roles of the team members.
3.13 	(h) Notwithstanding section 256B.19, subdivision 1, the nonfederal share of costs for 
3.14 	mental health case management shall be provided by the recipient's county of responsibility, 
3.15 	as defined in sections 256G.01 to 256G.12, from sources other than federal funds or funds 
3.16 	used to match other federal funds. If the service is provided by a tribal agency, the nonfederal 
3.17 	share, if any, shall be provided by the recipient's tribe. When this service is paid by the state 
3.18 	without a federal share through fee-for-service, 50 percent of the cost shall be provided by 
3.19 	the recipient's county of responsibility.
3.20 	(i) Notwithstanding any administrative rule to the contrary, prepaid medical assistance 
3.21 	and MinnesotaCare include mental health case management. When the service is provided 
3.22 	through prepaid capitation, the nonfederal share is paid by the state and the county pays no 
3.23 	share.
3.24 	(j) The commissioner may suspend, reduce, or terminate the reimbursement to a provider 
3.25 	that does not meet the reporting or other requirements of this section. The county of 
3.26 	responsibility, as defined in sections 256G.01 to 256G.12, or, if applicable, the tribal agency, 
3.27 	is responsible for any federal disallowances. The county or tribe may share this responsibility 
3.28 	with its contracted vendors.
3.29 	(k) The commissioner shall set aside a portion of the federal funds earned for county 
3.30 	expenditures under this section to repay the special revenue maximization account under 
3.31 	section 256.01, subdivision 2, paragraph (o). The repayment is limited to:
3.32 	(1) the costs of developing and implementing this section; and
3.33 	(2) programming the information systems.
4.1 	(l) Payments to counties and tribal agencies for case management expenditures under 
4.2 	this section shall only be made from federal earnings from services provided under this 
4.3 	section. When this service is paid by the state without a federal share through fee-for-service, 
4.4 	50 percent of the cost shall be provided by the state. Payments to county-contracted vendors 
4.5 	shall include the federal earnings, the state share, and the county share.
4.6 	(m) Case management services under this subdivision do not include therapy, treatment, 
4.7 	legal, or outreach services.
4.8 	(n) If the recipient is a resident of a nursing facility, intermediate care facility, or hospital, 
4.9 	and the recipient's institutional care is paid by medical assistance, payment for case 
4.10 	management services under this subdivision is limited to the lesser of:
4.11 	(1) the last 180 days of the recipient's residency in that facility and may not exceed more 
4.12 	than six months in a calendar year; or
4.13 	(2) the limits and conditions which apply to federal Medicaid funding for this service.
4.14 	(o) Payment for case management services under this subdivision shall not duplicate 
4.15 	payments made under other program authorities for the same purpose.
4.16 	(p) If the recipient is receiving care in a hospital, nursing facility, or residential setting 
4.17 	licensed under chapter 245A or 245D that is staffed 24 hours a day, seven days a week, 
4.18 	mental health targeted case management services must actively support identification of 
4.19 	community alternatives for the recipient and discharge planning.

4.20 	Sec. 3. Minnesota Statutes 2016, section 256B.0625, is amended by adding a subdivision 
4.21 	to read:
4.22 		Subd. 20b.Mental health targeted case management through interactive video. (a) 
4.23 	Subject to federal approval, contact made for targeted case management by interactive video 
4.24 	shall be eligible for payment if:
4.25 	(1) the person receiving targeted case management services is residing in:
4.26 	(i) a hospital;
4.27 	(ii) a nursing facility; or
4.28 	(iii) a residential setting licensed under chapter 245A or 245D or a boarding and lodging 
4.29 	establishment or lodging establishment that provides supportive services or health supervision 
4.30 	services according to section 157.17 that is staffed 24 hours a day, seven days a week;
5.1 	(2) interactive video is in the best interests of the person and is deemed appropriate by 
5.2 	the person receiving targeted case management or the person's legal guardian, the case 
5.3 	management provider, and the provider operating the setting where the person is residing;
5.4 	(3) the use of interactive video is approved as part of the person's written personal service 
5.5 	or case plan, taking into consideration the person's vulnerability and active personal 
5.6 	relationships; and
5.7 	(4) interactive video is used for up to, but not more than, 50 percent of the minimum 
5.8 	required face-to-face contact.
5.9 	(b) The person receiving targeted case management or the person's legal guardian has 
5.10 	the right to choose and consent to the use of interactive video under this subdivision and 
5.11 	has the right to refuse the use of interactive video at any time.
5.12 	(c) The commissioner shall establish criteria that a targeted case management provider 
5.13 	must attest to in order to demonstrate the safety or efficacy of delivering the service via 
5.14 	interactive video. The attestation may include that the case management provider has:
5.15 	(1) written policies and procedures specific to interactive video services that are regularly 
5.16 	reviewed and updated;
5.17 	(2) policies and procedures that adequately address client safety before, during, and after 
5.18 	the interactive video services are rendered;
5.19 	(3) established protocols addressing how and when to discontinue interactive video 
5.20 	services; and
5.21 	(4) established a quality assurance process related to interactive video services.
5.22 	(d) As a condition of payment, the targeted case management provider must document 
5.23 	the following for each occurrence of targeted case management provided by interactive 
5.24 	video:
5.25 	(1) the time the service began and the time the service ended, including an a.m. and p.m. 
5.26 	designation;
5.27 	(2) the basis for determining that interactive video is an appropriate and effective means 
5.28 	for delivering the service to the person receiving case management services;
5.29 	(3) the mode of transmission of the interactive video services and records evidencing 
5.30 	that a particular mode of transmission was utilized;
5.31 	(4) the location of the originating site and the distant site; and
6.1 	(5) compliance with the criteria attested to by the targeted case management provider 
6.2 	as provided in paragraph (c).

6.3 	Sec. 4. Minnesota Statutes 2016, section 256B.0924, is amended by adding a subdivision 
6.4 	to read:
6.5 		Subd. 4a.Targeted case management through interactive video. (a) Subject to federal 
6.6 	approval, contact made for targeted case management by interactive video shall be eligible 
6.7 	for payment under subdivision 6 if:
6.8 	(1) the person receiving targeted case management services is residing in:
6.9 	(i) a hospital;
6.10 	(ii) a nursing facility; or
6.11 	(iii) a residential setting licensed under chapter 245A or 245D or a boarding and lodging 
6.12 	establishment or lodging establishment that provides supportive services or health supervision 
6.13 	services according to section 157.17 that is staffed 24 hours a day, seven days a week;
6.14 	(2) interactive video is in the best interests of the person and is deemed appropriate by 
6.15 	the person receiving targeted case management or the person's legal guardian, the case 
6.16 	management provider, and the provider operating the setting where the person is residing;
6.17 	(3) the use of interactive video is approved as part of the person's written personal service 
6.18 	or case plan; and
6.19 	(4) interactive video is used for up to, but not more than, 50 percent of the minimum 
6.20 	required face-to-face contact.
6.21 	(b) The person receiving targeted case management or the person's legal guardian has 
6.22 	the right to choose and consent to the use of interactive video under this subdivision and 
6.23 	has the right to refuse the use of interactive video at any time.
6.24 	(c) The commissioner shall establish criteria that a targeted case management provider 
6.25 	must attest to in order to demonstrate the safety or efficacy of delivering the service via 
6.26 	interactive video. The attestation may include that the case management provider has:
6.27 	(1) written policies and procedures specific to interactive video services that are regularly 
6.28 	reviewed and updated;
6.29 	(2) policies and procedures that adequately address client safety before, during, and after 
6.30 	the interactive video services are rendered;
7.1 	(3) established protocols addressing how and when to discontinue interactive video 
7.2 	services; and
7.3 	(4) established a quality assurance process related to interactive video services.
7.4 	(d) As a condition of payment, the targeted case management provider must document 
7.5 	the following for each occurrence of targeted case management provided by interactive 
7.6 	video:
7.7 	(1) the time the service began and the time the service ended, including an a.m. and p.m. 
7.8 	designation;
7.9 	(2) the basis for determining that interactive video is an appropriate and effective means 
7.10 	for delivering the service to the person receiving case management services;
7.11 	(3) the mode of transmission of the interactive video services and records evidencing 
7.12 	that a particular mode of transmission was utilized;
7.13 	(4) the location of the originating site and the distant site; and
7.14 	(5) compliance with the criteria attested to by the targeted case management provider 
7.15 	as provided in paragraph (c).

7.16 	Sec. 5. COMMISSIONER DUTY TO SEEK FEDERAL APPROVAL.
 7.17 	The commissioner of human services shall seek federal approval that is necessary to 
7.18 	implement Minnesota Statutes, sections 256B.0621, subdivision 10; and 256B.0625, 
7.19 	subdivision 20, for interactive video contact.