1.1                          A bill for an act 
  1.2             relating to mental health; establishing duties for 
  1.3             reducing and preventing suicides; establishing 
  1.4             requirements for discharge plans and transition 
  1.5             services for offenders with mental illness; providing 
  1.6             coverage requirements for health plans; adjusting 
  1.7             payment rates for certain mental health providers; 
  1.8             establishing coverage requirements for mental health 
  1.9             services and treatment; requiring studies; 
  1.10            appropriating money; amending Minnesota Statutes 2000, 
  1.11            sections 144.56, by adding a subdivision; 245.462, 
  1.12            subdivisions 3, 6, 8, 18, 20, and by adding 
  1.13            subdivisions; 245.466, subdivision 2; 245.470, by 
  1.14            adding a subdivision; 245.4711, by adding a 
  1.15            subdivision; 245.474, subdivision 2, and by adding a 
  1.16            subdivision; 245.4871, subdivisions 10, 17, 27, 29, 
  1.17            and by adding subdivisions; 245.4875, subdivision 2; 
  1.18            245.4876, subdivision 1, and by adding subdivisions; 
  1.19            245.488, by adding a subdivision; 245.4885, 
  1.20            subdivision 1; 246.54; 256.969, subdivision 3a, and by 
  1.21            adding a subdivision; 256B.0625, subdivision 17, and 
  1.22            by adding subdivisions; 256B.69, by adding 
  1.23            subdivisions; 256E.12, subdivision 1, and by adding a 
  1.24            subdivision; 260C.201, subdivision 1; proposing coding 
  1.25            for new law in Minnesota Statutes, chapters 62Q; 145; 
  1.26            244; 245; 246; 256B; and 299A.  
  1.27  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.28                             ARTICLE 1 
  1.29                         SUICIDE PREVENTION 
  1.30     Section 1.  [145.56] [SUICIDE PREVENTION.] 
  1.31     Subdivision 1.  [PUBLIC HEALTH GOAL; SUICIDE PREVENTION 
  1.32  PLAN.] The commissioner of health shall make suicide prevention 
  1.33  an important public health goal of the state and shall conduct 
  1.34  suicide prevention activities to accomplish that goal using an 
  1.35  evidenced-based, public health approach focused on prevention.  
  1.36  The commissioner shall refine, coordinate, and implement the 
  2.1   state's suicide prevention plan, in collaboration with assigned 
  2.2   staff from the department of human services; the department of 
  2.3   public safety; the department of children, families, and 
  2.4   learning; and appropriate agencies, organizations, and 
  2.5   institutions in the community. 
  2.6      Subd. 2.  [EDUCATION AND OUTREACH TO PUBLIC, MEDIA, AND 
  2.7   POLICYMAKERS.] (a) The commissioner of health shall create or 
  2.8   contract for an ongoing public education campaign to raise 
  2.9   awareness of suicide as a public health issue and of the 
  2.10  preventability of many suicides.  The campaign must:  (1) be 
  2.11  coordinated with other existing suicide prevention outreach and 
  2.12  awareness campaigns; (2) promote broad-based public awareness in 
  2.13  the general population; (3) establish the connection between 
  2.14  depression and other psychiatric illnesses, and suicide; and (4) 
  2.15  include tactics targeted to populations at risk for suicide, and 
  2.16  to individuals who influence members of at-risk populations and 
  2.17  are in positions to identify the warning signs of suicide and 
  2.18  make appropriate referrals.  Through the grant-making process, 
  2.19  the commissioner shall promote the use of a common language, 
  2.20  uniform terminology, and consistent messages regarding suicide, 
  2.21  symptoms of depression and other psychiatric illnesses, 
  2.22  substance abuse, warning signs of suicide, risk factors, and 
  2.23  help-seeking behaviors. 
  2.24     (b) The commissioner shall establish partnerships with 
  2.25  media vendors in the state to: 
  2.26     (1) implement an ongoing, coordinated, multistrategy, 
  2.27  multimedia, and multipartner public awareness and antistigma 
  2.28  campaign that is consistent with the policy goals of this 
  2.29  section; and 
  2.30     (2) educate media vendors, media associations, reporters, 
  2.31  advertising vendors, and members of the entertainment industry 
  2.32  about suicide, suicidal behavior, mental illness, substance 
  2.33  abuse, and help-seeking behaviors. 
  2.34     (c) The commissioner shall disseminate education materials 
  2.35  to educate appropriate state and local officials and 
  2.36  policymakers about suicide, suicidal behavior, depression and 
  3.1   other psychiatric illnesses, and substance abuse, and their 
  3.2   impact on state and local health care, social services, 
  3.3   education, law enforcement, employment, and corrections systems. 
  3.4      Subd. 3.  [COMMUNITY-BASED PROGRAMS.] (a) The commissioner 
  3.5   shall establish a grant program consistent with the policy goals 
  3.6   of this section to fund: 
  3.7      (1) community-based programs to provide education, 
  3.8   outreach, and advocacy services to populations who may be at 
  3.9   risk for suicide; and 
  3.10     (2) community-based programs that educate natural community 
  3.11  helpers and gatekeepers, such as family members, spiritual 
  3.12  leaders, coaches, and business people, on how to prevent suicide 
  3.13  by encouraging help-seeking behaviors. 
  3.14     (b) Education to populations at risk for suicide and to 
  3.15  community helpers and gatekeepers must include information on 
  3.16  the symptoms of depression and other psychiatric illnesses, the 
  3.17  warning signs of suicide, skills for preventing suicides, and 
  3.18  making or seeking effective referrals to intervention and 
  3.19  community resources. 
  3.20     Subd. 4.  [PROGRAMS IN SCHOOLS AND WORKPLACES.] (a) The 
  3.21  commissioner shall establish a grant program consistent with the 
  3.22  policy goals of this section to fund community-based programs to 
  3.23  provide suicide prevention education in schools using a 
  3.24  three-pronged approach of education to students, school staff, 
  3.25  and parents at the junior and senior high school levels. 
  3.26     (b) The commissioner shall promote the use of employee 
  3.27  assistance and workplace programs to support employees with 
  3.28  depression and other psychiatric illnesses and substance abuse 
  3.29  problems, and refer them to other services available in the 
  3.30  community.  In promoting these programs, the commissioner shall 
  3.31  collaborate with employer and professional associations, unions, 
  3.32  and safety councils.  Community-based programs that provide 
  3.33  these services may apply for funding under subdivision 3. 
  3.34     Subd. 5.  [PROFESSIONAL EDUCATION.] The commissioner shall 
  3.35  establish a grant program consistent with the policy goals of 
  3.36  this section to fund academic and other institutions, 
  4.1   associations, licensing boards, and organizations to provide 
  4.2   professional education on suicide prevention as part of 
  4.3   preservice or continuing education.  Curricula may include 
  4.4   information on suicide and suicidal behavior; screening, 
  4.5   prevention, and intervention; and screening, referral, and 
  4.6   treatment for depression and other psychiatric illnesses. 
  4.7   Professionals to whom this education may be targeted include 
  4.8   teachers, administrators, and other school staff; health care 
  4.9   providers; mental health providers, including but not limited to 
  4.10  psychologists and social workers; corrections personnel; law 
  4.11  enforcement personnel; social services providers; and members of 
  4.12  faith-based professions. 
  4.13     Subd. 6.  [COLLECTING AND REPORTING SUICIDE DATA.] The 
  4.14  commissioner shall coordinate with federal, regional, local, and 
  4.15  other state agencies to collect, analyze, and annually issue a 
  4.16  public report on Minnesota-specific data on suicide and suicidal 
  4.17  behaviors.  The data collected and reported must include 
  4.18  demographic-specific data, data on the insurance status of 
  4.19  persons who commit or attempt suicide, data on 
  4.20  posthospitalization outcomes for persons who attempt suicide, 
  4.21  and data on associated costs of suicide and suicidal behaviors 
  4.22  to various systems, including but not limited to the health 
  4.23  care, social services, and law enforcement systems. 
  4.24     Subd. 7.  [RESEARCH AGENDA.] The commissioner shall make 
  4.25  grants and assist entities in seeking nonstate funding sources 
  4.26  to fund research that is consistent with the research agenda 
  4.27  established in the Minnesota department of health's January 15, 
  4.28  2000, suicide prevention plan, and that furthers understanding 
  4.29  of the risks and protective factors related to suicide and 
  4.30  suicidal behaviors, effective prevention programs, clinical 
  4.31  treatments, and culturally specific interventions in Minnesota. 
  4.32     Subd. 8.  [POLICIES OF INSTITUTIONAL SETTINGS.] The 
  4.33  commissioner shall periodically survey and evaluate the suicide 
  4.34  prevention and intervention policies and practices of 
  4.35  institutional settings licensed by the state, including foster 
  4.36  care and jails, and recommend modifications to the policies and 
  5.1   practices as appropriate. 
  5.2      Subd. 9.  [SUICIDE REPORTING PRACTICES.] The commissioner 
  5.3   shall study current practices of determining and reporting 
  5.4   suicides and shall make recommendations to professionals and 
  5.5   organizations that report suicides to ensure that suicides are 
  5.6   accurately reported. 
  5.7      Subd. 10.  [PERIODIC EVALUATIONS; BIENNIAL REPORTS.] The 
  5.8   commissioner shall conduct periodic evaluations of the impact of 
  5.9   and outcomes from implementation of the state's suicide 
  5.10  prevention plan and each of the activities specified in this 
  5.11  section.  By July 1, 2002, and July 1 of each even-numbered year 
  5.12  thereafter, the commissioner shall report the results of these 
  5.13  evaluations to the chairs of the policy and finance committees 
  5.14  in the house and senate with jurisdiction over health and human 
  5.15  services issues. 
  5.16     Sec. 2.  [299A.76] [SUICIDE STATISTICS.] 
  5.17     (a) The commissioner of public safety shall not: 
  5.18     (1) include any statistics on committing suicide or 
  5.19  attempting suicide in any compilation of crime statistics 
  5.20  published by the commissioner; or 
  5.21     (2) label as a crime statistic, any data on committing 
  5.22  suicide or attempting suicide. 
  5.23     (b) This section does not apply to the crimes of aiding 
  5.24  suicide under section 609.215, subdivision 1, or aiding 
  5.25  attempted suicide under section 609.215, subdivision 2. 
  5.26     Sec. 3.  [STUDY; CRISIS RESPONSE SYSTEM.] 
  5.27     The commissioner of health shall study the existing suicide 
  5.28  crisis response system in Minnesota to identify gaps in basic 
  5.29  suicide crisis intervention, safety net, and follow-up services; 
  5.30  identify barriers to obtaining these services; determine costs 
  5.31  for providing these services; and provide recommendations for 
  5.32  addressing identified gaps in and barriers to services.  This 
  5.33  study shall be reported to the chairs of the policy and finance 
  5.34  committees in the house and senate with jurisdiction over health 
  5.35  and human services issues by May 1, 2002. 
  5.36     Sec. 4.  [APPROPRIATIONS.] 
  6.1      (a) $12,450,000 is appropriated for the 2002-2003 biennium 
  6.2   from the general fund to the commissioner of health for suicide 
  6.3   prevention activities.  Of this amount: 
  6.4      (1) $300,000 is for refining, coordinating, and 
  6.5   implementing the suicide prevention plan under Minnesota 
  6.6   Statutes, section 145.56, subdivision 1; 
  6.7      (2) $3,000,000 is for the education and outreach activities 
  6.8   under Minnesota Statutes, section 145.56, subdivision 2; 
  6.9      (3) $6,000,000 is to fund community-based programs under 
  6.10  Minnesota Statutes, section 145.56, subdivision 3; 
  6.11     (4) $1,000,000 is for the programs in schools and 
  6.12  workplaces under Minnesota Statutes, section 145.56, subdivision 
  6.13  4; 
  6.14     (5) $1,000,000 is for the professional education activities 
  6.15  under Minnesota Statutes, section 145.56, subdivision 5; 
  6.16     (6) $500,000 is to collect and report on suicide data under 
  6.17  Minnesota Statutes, section 145.56, subdivision 6; 
  6.18     (7) $500,000 is to promote and fund research under 
  6.19  Minnesota Statutes, section 145.56, subdivision 7; 
  6.20     (8) $100,000 is to survey and evaluate suicide prevention 
  6.21  and intervention policies in institutions under Minnesota 
  6.22  Statutes, section 145.56, subdivision 8; and 
  6.23     (9) $50,000 is to conduct the study of suicide reporting 
  6.24  practices under Minnesota Statutes, section 145.56, subdivision 
  6.25  9. 
  6.26     (b) $70,000 is appropriated for the fiscal year ending June 
  6.27  30, 2002, from the general fund to the commissioner of health to 
  6.28  conduct the study in section 3 on the existing crisis response 
  6.29  system.  This appropriation is one-time funding and shall not 
  6.30  become part of the base level funding for the 2004-2005 biennium.
  6.31                             ARTICLE 2 
  6.32                            CORRECTIONS 
  6.33     Section 1.  [244.054] [DISCHARGE PLANS; OFFENDERS WITH 
  6.34  SERIOUS AND PERSISTENT MENTAL ILLNESS.] 
  6.35     Subdivision 1.  [OFFER TO DEVELOP PLAN.] The commissioner 
  6.36  shall offer to develop a discharge plan for community-based 
  7.1   services for every offender with serious and persistent mental 
  7.2   illness, as defined in section 245.462, subdivision 20, 
  7.3   paragraph (c), who is being released from a correctional 
  7.4   facility.  If an offender is being released pursuant to section 
  7.5   244.05, the offender may choose to have the discharge plan made 
  7.6   one of the conditions of the offender's supervised release and 
  7.7   shall follow the conditions to the extent that services are 
  7.8   available and offered to the offender. 
  7.9      Subd. 2.  [CONTENT OF PLAN.] If an offender chooses to have 
  7.10  a discharge plan developed, the commissioner shall develop and 
  7.11  implement a discharge plan, which must include at least the 
  7.12  following: 
  7.13     (1) at least 90 days before the offender is due to be 
  7.14  discharged, the commissioner shall designate a department of 
  7.15  corrections agent with mental health training to serve as the 
  7.16  primary person responsible for carrying out discharge planning 
  7.17  activities; 
  7.18     (2) at least 75 days before the offender is due to be 
  7.19  discharged, the offender's designated agent shall: 
  7.20     (i) obtain informed consent and releases of information 
  7.21  from the offender that are needed for transition services; 
  7.22     (ii) contact the county human services department in the 
  7.23  community where the offender expects to reside following 
  7.24  discharge, and inform the department of the offender's impending 
  7.25  discharge and the planned date of the offender's return to the 
  7.26  community; determine whether the county or a designated 
  7.27  contracted provider will provide case management services to the 
  7.28  offender; refer the offender to the case management services 
  7.29  provider; and confirm that the case management services provider 
  7.30  will have opened the offender's case prior to the offender's 
  7.31  discharge; and 
  7.32     (iii) refer the offender to appropriate staff in the county 
  7.33  human services department in the community where the offender 
  7.34  expects to reside following discharge, for enrollment of the 
  7.35  offender in medical assistance or general assistance medical 
  7.36  care, using special procedures established by process and 
  8.1   department of human services bulletin; 
  8.2      (3) at least 2-1/2 months before discharge, the offender's 
  8.3   designated agent shall secure timely appointments for the 
  8.4   offender with a psychiatrist no later than 30 days following 
  8.5   discharge, and with other program staff at a community mental 
  8.6   health provider that is able to serve former offenders with 
  8.7   serious and persistent mental illness; 
  8.8      (4) at least 30 days before discharge, the offender's 
  8.9   designated agent shall convene a predischarge assessment and 
  8.10  planning meeting of key staff from the programs in which the 
  8.11  offender has participated while in the correctional facility, 
  8.12  the offender, and the supervising agent assigned to the 
  8.13  offender.  At the meeting, attendees shall provide background 
  8.14  information and continuing care recommendations for the 
  8.15  offender, including information on the offender's risk for 
  8.16  relapse; current medications, including dosage and frequency; 
  8.17  therapy and behavioral goals; diagnostic and assessment 
  8.18  information, including results of a chemical dependency 
  8.19  evaluation; confirmation of appointments with a psychiatrist and 
  8.20  other program staff in the community; a relapse prevention plan; 
  8.21  continuing care needs; needs for housing, employment, and 
  8.22  finance support and assistance; and recommendations for 
  8.23  successful community integration, including chemical dependency 
  8.24  treatment or support if chemical dependency is a risk factor.  
  8.25  Immediately following this meeting, the offender's designated 
  8.26  agent shall summarize this background information and continuing 
  8.27  care recommendations in a written report; 
  8.28     (5) immediately following the predischarge assessment and 
  8.29  planning meeting, the provider of mental health case management 
  8.30  services who will serve the offender following discharge shall 
  8.31  offer to make arrangements and referrals for housing, financial 
  8.32  support, benefits assistance, employment counseling, and other 
  8.33  services required in sections 245.461 to 245.486; 
  8.34     (6) at least ten days before the offender's first scheduled 
  8.35  postdischarge appointment with a mental health provider, the 
  8.36  offender's designated agent shall transfer the following records 
  9.1   to the offender's case management services provider and 
  9.2   psychiatrist:  the predischarge assessment and planning report, 
  9.3   medical records, and pharmacy records.  These records may be 
  9.4   transferred only if the offender provides informed consent for 
  9.5   their release; 
  9.6      (7) upon discharge, the offender's designated agent shall 
  9.7   ensure that the offender leaves the correctional facility with 
  9.8   at least a ten-day supply of all necessary medications; and 
  9.9      (8) upon discharge, the prescribing authority at the 
  9.10  offender's correctional facility shall telephone in 
  9.11  prescriptions for all necessary medications to a pharmacy in the 
  9.12  community where the offender plans to reside.  The prescriptions 
  9.13  must provide at least a 30-day supply of all necessary 
  9.14  medications, and must be able to be refilled once for one 
  9.15  additional 30-day supply. 
  9.16     Sec. 2.  [TRANSITIONAL SERVICES FOR MENTALLY ILL OFFENDERS 
  9.17  RELEASED FROM PRISON; PILOT PROGRAM.] 
  9.18     Subdivision 1.  [PROGRAM ESTABLISHED.] The commissioner of 
  9.19  corrections, in collaboration with the commissioner of human 
  9.20  services, shall establish a pilot project grant program with 
  9.21  goals and evaluation criteria and make grants to provide startup 
  9.22  funding for two counties or two groups of counties to provide 
  9.23  transitional housing and other community support services for 
  9.24  former state inmates who have been diagnosed with a serious 
  9.25  mental illness and who have been discharged from prison.  Grant 
  9.26  applicants must submit a proposed comprehensive plan for 
  9.27  providing the housing and support services and evaluating the 
  9.28  provision of services, and must provide a 25 percent funding 
  9.29  match.  The commissioner shall make grants available to 
  9.30  successful applicants by February 1, 2002.  Grant recipients are 
  9.31  eligible for funding under this section for the first three 
  9.32  years of operation of their programs for housing and support 
  9.33  services.  
  9.34     Subd. 2.  [REPORT.] By January 15, 2003, the commissioner 
  9.35  shall report to the chairs and ranking minority members of the 
  9.36  house and senate committees and divisions having jurisdiction 
 10.1   over criminal justice policy and funding on the effectiveness of 
 10.2   the grants made and pilot projects funded under this section. 
 10.3      Sec. 3.  [APPROPRIATIONS.] 
 10.4      (a) $....... each year is appropriated from the general 
 10.5   fund to the department of corrections, mental health division 
 10.6   for the fiscal biennium ending June 30, 2003.  Of this amount, 
 10.7   $....... each year is for hiring or contracting for additional 
 10.8   mental health services and treatment in the state correctional 
 10.9   facilities.  The services and treatment must meet current 
 10.10  community standards of care; and $....... each year is for 
 10.11  purchasing appropriate medications for offenders who have been 
 10.12  diagnosed with a serious and persistent mental illness.  This 
 10.13  appropriation is part of the department's base budget. 
 10.14     (b) $....... is appropriated from the general fund to the 
 10.15  department of corrections, mental health division for the fiscal 
 10.16  biennium ending June 30, 2003, to fund the development of 
 10.17  discharge plans under Minnesota Statutes, section 244.054, for 
 10.18  offenders with serious and persistent mental illness. 
 10.19     (c) $....... is appropriated from the general fund to the 
 10.20  department of corrections, mental health division for the fiscal 
 10.21  year ending June 30, 2002, for the grants described in section 
 10.22  2, subdivision 1 and the report described in section 2, 
 10.23  subdivision 2. 
 10.24     (d) $....... is appropriated from the general fund to the 
 10.25  commissioner of human services for the fiscal biennium ending 
 10.26  June 30, 2003, to increase funding to county boards under 
 10.27  Minnesota Rules, parts 9535.1700 to 9535.1760.  Funds are 
 10.28  available under this paragraph only to county boards that submit 
 10.29  plans to the commissioner specifying how the funds will be 
 10.30  used.  County boards shall use the additional funds for 
 10.31  participation by county staff, contract providers, and mental 
 10.32  health professionals in the development of discharge plans under 
 10.33  Minnesota Statutes, section 244.054, for offenders with serious 
 10.34  and persistent mental illness. 
 10.35                             ARTICLE 3 
 10.36                        REIMBURSEMENT RATES 
 11.1      Section 1.  [245.4862] [ANNUAL RATE ADJUSTMENTS.] 
 11.2      Subdivision 1.  [PROVISION OF RATE INCREASES.] Beginning 
 11.3   July 1, 2001, and each July 1 thereafter, the commissioner of 
 11.4   human services shall increase reimbursement rates for adult 
 11.5   residential program grants under Minnesota Rules, parts 
 11.6   9535.2000 to 9535.3000 and adult and family community support 
 11.7   grants under Minnesota Rules, parts 9535.1700 to 9535.1760, by 
 11.8   the percentage change in the Consumer Price Index for urban 
 11.9   consumers (CPI) for the previous calendar year. 
 11.10     Subd. 2.  [USE OF INCREASE.] Providers that receive a rate 
 11.11  increase under this section shall use at least 80 percent of the 
 11.12  additional revenue to increase the compensation paid to 
 11.13  employees other than the administrator and central office staff. 
 11.14     Subd. 3.  [PROVIDER PLAN.] A copy of the provider's plan 
 11.15  for complying with subdivision 2 must be made available to all 
 11.16  employees.  This must be done by giving each employee a copy or 
 11.17  by posting it in an area of the provider's operation to which 
 11.18  all employees have access.  If an employee does not receive the 
 11.19  compensation adjustment described in the plan and is unable to 
 11.20  resolve the problem with the provider, the employee may contact 
 11.21  the employee's union representative.  If the employee is not 
 11.22  covered by a collective bargaining agreement, the employee may 
 11.23  contact the commissioner at a telephone number provided by the 
 11.24  commissioner and included in the provider's plan. 
 11.25     Sec. 2.  Minnesota Statutes 2000, section 246.54, is 
 11.26  amended to read: 
 11.27     246.54 [LIABILITY OF COUNTY; REIMBURSEMENT.] 
 11.28     (a) Except for chemical dependency services provided under 
 11.29  sections 254B.01 to 254B.09, the client's county shall pay to 
 11.30  the state of Minnesota a portion of the cost of care provided in 
 11.31  a regional treatment center to a client legally settled in that 
 11.32  county.  A county's payment shall be made from the county's own 
 11.33  sources of revenue ~~and~~, funds distributed to the county under 
 11.34  section 246.541, subdivision 2, or both.  Payments shall be paid 
 11.35  as follows:  
 11.36     (1) payments to the state from the county shall equal ten 
 12.1   percent of the cost of care, as determined by the commissioner, 
 12.2   for each day, or the portion thereof, that the client spends at 
 12.3   a regional treatment center.  If payments received by the state 
 12.4   under sections 246.50 to 246.53 exceed 90 percent of the cost of 
 12.5   care, the county shall be responsible for paying the state only 
 12.6   the remaining amount; and 
 12.7      (2) if funds are distributed to the county under section 
 12.8   246.541, subdivision 2, the county shall pay to the state up to 
 12.9   50 percent of the cost of care, as determined by the 
 12.10  commissioner, for each day or portion thereof that the client 
 12.11  spends at a regional treatment center.  The percentage of the 
 12.12  county's responsibility under this clause shall be limited by 
 12.13  the amount of funds distributed to the county under section 
 12.14  246.541, subdivision 2, for this purpose. 
 12.15     (b) The county shall not be entitled to reimbursement from 
 12.16  the client, the client's estate, or from the client's relatives, 
 12.17  except as provided in section 246.53.  No such payments shall be 
 12.18  made for any client who was last committed prior to July 1, 1947.
 12.19     Sec. 3.  [246.541] [APPROPRIATION TO COUNTIES FOR REGIONAL 
 12.20  TREATMENT CENTER CARE OR DIVERSION PROGRAMS.] 
 12.21     Subdivision 1.  [CALCULATING APPROPRIATION BASED ON 
 12.22  POPULATION SIZE.] (a) Beginning January 1, 2002, and each 
 12.23  January 1 thereafter, the commissioner shall: 
 12.24     (1) compare the state appropriated funds to regional 
 12.25  treatment centers through direct appropriations for the two most 
 12.26  recently completed fiscal years; 
 12.27     (2) determine what portion of the difference in the amounts 
 12.28  appropriated is attributable to a decrease in the populations 
 12.29  being served at regional treatment centers; and 
 12.30     (3) certify the amount that is attributable to a decrease 
 12.31  in the populations being served at regional treatment centers to 
 12.32  the commissioner of finance. 
 12.33     (b) Beginning July 1, 2002, when there is a decrease in 
 12.34  state funds appropriated to regional treatment centers due to a 
 12.35  decrease in population being served, the difference in the 
 12.36  amounts appropriated each year must be appropriated to the 
 13.1   commissioner for distribution to counties according to 
 13.2   subdivision 2. 
 13.3      Subd. 2.  [DISTRIBUTION TO COUNTIES.] The commissioner 
 13.4   shall develop a methodology for distributing funds appropriated 
 13.5   under subdivision 1 and other direct appropriations made by the 
 13.6   legislature for this purpose to each county based on a five-year 
 13.7   average of the county's spending, for the most recent five 
 13.8   fiscal years, for client cost of care under section 246.54, as a 
 13.9   proportion of the average of total spending by all counties for 
 13.10  client cost of care under section 246.54.  Based on that 
 13.11  methodology, the commissioner shall distribute the funds to 
 13.12  counties. 
 13.13     Subd. 3.  [COUNTY USES OF FUNDS.] Counties may use the 
 13.14  funds distributed under subdivision 2: 
 13.15     (1) for the county portion of the cost of care for clients 
 13.16  at regional treatment centers under section 246.54, paragraph 
 13.17  (a), clause (2); or 
 13.18     (2) to develop programs to divert clients with mental 
 13.19  illness from receiving regional treatment center inpatient 
 13.20  services to receiving services provided in less restrictive 
 13.21  community settings, when such diversion is appropriate to meet 
 13.22  client needs. 
 13.23     Sec. 4.  [256B.761] [REIMBURSEMENT FOR MENTAL HEALTH 
 13.24  SERVICES.] 
 13.25     Effective for services rendered on or after July 1, 2001, 
 13.26  payment for medication management provided to psychiatric 
 13.27  patients, outpatient mental health services, day treatment 
 13.28  services, home-based mental health services, and family 
 13.29  community support services shall be paid at the lower of (1) 
 13.30  submitted charges, or (2) the 50th percentile of 1999 charges. 
 13.31     Sec. 5.  [256B.762] [MENTAL HEALTH CLINIC REIMBURSEMENT.] 
 13.32     Subdivision 1.  [RATE INCREASE.] Effective for services 
 13.33  rendered on or after January 1, 2002, payment rates for:  (1) 
 13.34  community mental health center services under section 256B.0625, 
 13.35  subdivision 5; (2) services provided by mental health clinics 
 13.36  and centers certified under Minnesota Rules, parts 9520.0750 to 
 14.1   9520.0870, or hospital outpatient psychiatric departments, 
 14.2   designated as essential community providers under section 
 14.3   62Q.19; and (3) services provided by mental health clinics and 
 14.4   centers certified under Minnesota Rules, parts 9520.0750 to 
 14.5   9520.0870, or hospital outpatient psychiatric departments, that 
 14.6   receive at least 30 percent of their revenue from contracts with 
 14.7   a county or counties to provide services under the adult and 
 14.8   children's mental health acts, shall be increased by 20 percent 
 14.9   over the rates in effect on July 1, 2001.  This reimbursement 
 14.10  increase shall be in addition to any other reimbursement 
 14.11  increases enacted by the 2001 legislature. 
 14.12     Subd. 2.  [SETTLE-UP.] Beginning July 1, 2001, the 
 14.13  commissioner shall implement a settle-up procedure to pay 
 14.14  community mental health centers and mental health clinics and 
 14.15  centers for services provided to prepaid medical assistance, 
 14.16  prepaid general assistance medical care, and MinnesotaCare 
 14.17  enrollees.  The settle-up procedure must pay community mental 
 14.18  health centers and mental health clinics and centers the 
 14.19  difference between the state health care program reimbursement 
 14.20  rate and the reimbursement received from the prepaid health 
 14.21  plan.  The settle-up procedure must be based on that used by the 
 14.22  commissioner to reimburse federally qualified health centers and 
 14.23  rural health clinics. 
 14.24     Sec. 6.  [STAGED RATE ADJUSTMENT.] 
 14.25     (a) Beginning July 1, 2001, and each July 1 through July 1, 
 14.26  2004, the commissioner of human services shall increase 
 14.27  reimbursement rates for adult residential program grants under 
 14.28  Minnesota Rules, parts 9535.2000 to 9535.3000 and adult and 
 14.29  family community support grants under Minnesota Rules, parts 
 14.30  9535.1700 to 9535.1760, by one-fourth of the percentage change 
 14.31  in the Consumer Price Index for urban consumers (CPI) between 
 14.32  January 1, 1990, and December 31, 2000. 
 14.33     (b) Providers that receive a rate increase under this 
 14.34  section must use at least 80 percent of the additional revenue 
 14.35  to increase the compensation paid to employees other than the 
 14.36  administrator and central office staff. 
 15.1      (c) A copy of the provider's plan for complying with 
 15.2   paragraph (b) must be made available to all employees.  This 
 15.3   must be done by giving each employee a copy or by posting it in 
 15.4   an area of the provider's operation to which all employees have 
 15.5   access.  If an employee does not receive the compensation 
 15.6   adjustment described in the plan and is unable to resolve the 
 15.7   problem with the provider, the employee may contact the 
 15.8   employee's union representative.  If the employee is not covered 
 15.9   by a collective bargaining agreement, the employee may contact 
 15.10  the commissioner of human services at a telephone number 
 15.11  provided by the commissioner and included in the provider's plan.
 15.12     Sec. 7.  [APPROPRIATIONS.] 
 15.13     Subdivision 1.  [ANNUAL RATE ADJUSTMENT; CERTAIN MENTAL 
 15.14  HEALTH PROVIDERS.] $....... is appropriated from the general 
 15.15  fund to the commissioner of human services for the biennium 
 15.16  ending June 30, 2003, to increase adult residential program 
 15.17  grants and adult and family community support grants as provided 
 15.18  under Minnesota Statutes, section 245.4862. 
 15.19     Subd. 2.  [REGIONAL TREATMENT CENTER COST OF CARE OR 
 15.20  DIVERSION PROGRAMS.] $5,000,000 is appropriated for the 
 15.21  2002-2003 biennium from the general fund to the commissioner of 
 15.22  human services for distribution to counties under Minnesota 
 15.23  Statutes, section 246.541, subdivision 2, to be used according 
 15.24  to Minnesota Statutes, section 246.541, subdivision 3. 
 15.25     Subd. 3.  [STAGED RATE ADJUSTMENT; CERTAIN MENTAL HEALTH 
 15.26  PROVIDERS.] $....... is appropriated from the general fund to 
 15.27  the commissioner of human services for the biennium ending June 
 15.28  30, 2003, to increase adult residential program grants and adult 
 15.29  and family community support grants as provided under section 6. 
 15.30                             ARTICLE 4 
 15.31                          COVERED SERVICES 
 15.32     Section 1.  Minnesota Statutes 2000, section 245.462, 
 15.33  subdivision 3, is amended to read: 
 15.34     Subd. 3.  [CASE MANAGEMENT SERVICES.] "Case management 
 15.35  services" means activities that are coordinated with the 
 15.36  community support services program as defined in subdivision 6 
 16.1   and are designed to help adults with serious and persistent 
 16.2   mental illness in gaining access to needed medical, social, 
 16.3   educational, vocational, and other necessary services as they 
 16.4   relate to the client's mental health needs.  Case management 
 16.5   services include developing a functional assessment, an 
 16.6   individual community support plan, referring and assisting the 
 16.7   person to obtain needed mental health and other services, 
 16.8   ensuring coordination of services, and monitoring the delivery 
 16.9   of services.  For adults between the ages of 18 and 25 who are 
 16.10  eligible for case management services under subdivision 20, 
 16.11  paragraph (c), clause (6), case management services also include 
 16.12  advocacy for and coordination of all transition services for 
 16.13  which the adult is eligible or which the adult is receiving, 
 16.14  including vocational, educational, housing, and life skills 
 16.15  transition services.  
 16.16     Sec. 2.  Minnesota Statutes 2000, section 245.462, 
 16.17  subdivision 6, is amended to read: 
 16.18     Subd. 6.  [COMMUNITY SUPPORT SERVICES PROGRAM.] "Community 
 16.19  support services program" means services, other than inpatient 
 16.20  or residential treatment services, provided or coordinated by an 
 16.21  identified program and staff under the clinical supervision of a 
 16.22  mental health professional designed to help adults with serious 
 16.23  and persistent mental illness to function and remain in the 
 16.24  community.  A community support services program includes: 
 16.25     (1) client outreach, 
 16.26     (2) medication monitoring, 
 16.27     (3) assistance in independent living skills, 
 16.28     (4) development of employability and work-related 
 16.29  opportunities, 
 16.30     (5) crisis assistance, 
 16.31     (6) psychosocial rehabilitation, 
 16.32     (7) help in applying for government benefits, ~~and~~ 
 16.33     (8) housing support services, 
 16.34     (9) education and consultation provided to families and 
 16.35  other individuals as an extension of the treatment process, and 
 16.36     (10) assistance to consumers in pursuing complaints and 
 17.1   appeals, and obtaining access to dispute resolution processes.  
 17.2      A community support services program may also administer a 
 17.3   program under section 245.4713 to reimburse the transportation 
 17.4   costs of individuals who provide transportation to adults with 
 17.5   serious and persistent mental illness.  The community support 
 17.6   services program must be coordinated with the case management 
 17.7   services specified in section 245.4711. 
 17.8      Sec. 3.  Minnesota Statutes 2000, section 245.462, is 
 17.9   amended by adding a subdivision to read: 
 17.10     Subd. 7a.  [CRISIS INTERVENTION SERVICES.] Crisis 
 17.11  intervention services are short-term, intensive, nonresidential 
 17.12  mental health services that include assessment, mental health 
 17.13  rehabilitative services, and a crisis disposition plan.  Crisis 
 17.14  intervention services are intended to help the recipient return 
 17.15  to a baseline level of functioning or prevent further harmful 
 17.16  consequences due to the psychiatric symptoms. 
 17.17     Sec. 4.  Minnesota Statutes 2000, section 245.462, is 
 17.18  amended by adding a subdivision to read: 
 17.19     Subd. 7b.  [CRISIS STABILIZATION SERVICES.] Crisis 
 17.20  stabilization services are assessment and intensive 
 17.21  individualized rehabilitative services provided in a recipient's 
 17.22  home or a short-term residential setting.  Crisis stabilization 
 17.23  services are intended to prevent further deterioration or 
 17.24  exacerbation of psychiatric symptoms or to help the recipient to 
 17.25  reside in the recipient's usual living arrangement during or 
 17.26  following a mental health crisis or emergency. 
 17.27     Sec. 5.  Minnesota Statutes 2000, section 245.462, 
 17.28  subdivision 8, is amended to read: 
 17.29     Subd. 8.  [DAY TREATMENT SERVICES.] "Day treatment," "day 
 17.30  treatment services," or "day treatment program" means a 
 17.31  structured program of treatment and care provided to an adult in 
 17.32  or by:  (1) a hospital accredited by the joint commission on 
 17.33  accreditation of health organizations and licensed under 
 17.34  sections 144.50 to 144.55; (2) a community mental health center 
 17.35  under section 245.62; or (3) an entity that is under contract 
 17.36  with the county board to operate a program that meets the 
 18.1   requirements of section 245.4712, subdivision 2, and Minnesota 
 18.2   Rules, parts 9505.0170 to 9505.0475.  Day treatment consists of 
 18.3   group psychotherapy and other intensive therapeutic services 
 18.4   that are provided at least one day a week by a multidisciplinary 
 18.5   staff under the clinical supervision of a mental health 
 18.6   professional.  Day treatment may include education and 
 18.7   consultation provided to families and other individuals as part 
 18.8   of the treatment process.  The services are aimed at stabilizing 
 18.9   the adult's mental health status, providing mental health 
 18.10  services, and developing and improving the adult's independent 
 18.11  living and socialization skills.  The goal of day treatment is 
 18.12  to reduce or relieve mental illness and to enable the adult to 
 18.13  live in the community.  Day treatment services are not a part of 
 18.14  inpatient or residential treatment services.  Day treatment 
 18.15  services are distinguished from day care by their structured 
 18.16  therapeutic program of psychotherapy services.  The commissioner 
 18.17  may limit medical assistance reimbursement for day treatment to 
 18.18  15 hours per week per person instead of the three hours per day 
 18.19  per person specified in Minnesota Rules, part 9505.0323, subpart 
 18.20  15. 
 18.21     Sec. 6.  Minnesota Statutes 2000, section 245.462, is 
 18.22  amended by adding a subdivision to read: 
 18.23     Subd. 14a.  [MENTAL HEALTH CRISIS.] "Mental health crisis" 
 18.24  means an urgent behavioral, emotional, or psychiatric condition 
 18.25  that would, in the determination of a mental health 
 18.26  professional, result in significantly reduced levels of 
 18.27  functioning in primary activities of daily living if mental 
 18.28  health crisis services are not provided as soon as possible, 
 18.29  usually within 24 hours. 
 18.30     Sec. 7.  Minnesota Statutes 2000, section 245.462, is 
 18.31  amended by adding a subdivision to read: 
 18.32     Subd. 14b.  [MENTAL HEALTH EMERGENCY.] "Mental health 
 18.33  emergency" means an urgent behavioral, emotional, or psychiatric 
 18.34  situation that would, in the determination of a mental health 
 18.35  professional, pose an immediate threat to the physical health or 
 18.36  safety of the adult or others if mental health crisis services 
 19.1   are not provided. 
 19.2      Sec. 8.  Minnesota Statutes 2000, section 245.462, is 
 19.3   amended by adding a subdivision to read: 
 19.4      Subd. 14c.  [MENTAL HEALTH CRISIS SERVICES.] "Mental health 
 19.5   crisis services" means crisis assessment, crisis intervention, 
 19.6   and crisis stabilization services that are not billed as part of 
 19.7   hospital emergency room care or an inpatient hospital admission. 
 19.8      Sec. 9.  Minnesota Statutes 2000, section 245.462, 
 19.9   subdivision 18, is amended to read: 
 19.10     Subd. 18.  [MENTAL HEALTH PROFESSIONAL.] "Mental health 
 19.11  professional" means a person providing clinical services in the 
 19.12  treatment of mental illness who is qualified in at least one of 
 19.13  the following ways:  
 19.14     (1) in psychiatric nursing:  a registered nurse who is 
 19.15  licensed under sections 148.171 to 148.285, and who is certified 
 19.16  as a clinical specialist in adult psychiatric and mental health 
 19.17  nursing by a national nurse certification organization or who 
 19.18  has a master's degree in nursing or one of the behavioral 
 19.19  sciences or related fields from an accredited college or 
 19.20  university or its equivalent, with at least 4,000 hours of 
 19.21  post-master's supervised experience in the delivery of clinical 
 19.22  services in the treatment of mental illness; 
 19.23     (2) in clinical social work:  a person licensed as an 
 19.24  independent clinical social worker under section 148B.21, 
 19.25  subdivision 6, or a person with a master's degree in social work 
 19.26  from an accredited college or university, with at least 4,000 
 19.27  hours of post-master's supervised experience in the delivery of 
 19.28  clinical services in the treatment of mental illness; 
 19.29     (3) in psychology:  ~~a psychologist~~ an individual licensed 
 19.30  by the board of psychology under sections 148.88 to 148.98 who 
 19.31  has stated to the board of psychology competencies in the 
 19.32  diagnosis and treatment of mental illness; 
 19.33     (4) in psychiatry:  a physician licensed under chapter 147 
 19.34  and certified by the American board of psychiatry and neurology 
 19.35  or eligible for board certification in psychiatry; 
 19.36     (5) in marriage and family therapy:  the mental health 
 20.1   professional must be a marriage and family therapist licensed 
 20.2   under sections 148B.29 to 148B.39 with at least two years of 
 20.3   post-master's supervised experience in the delivery of clinical 
 20.4   services in the treatment of mental illness; or 
 20.5      (6) in allied fields:  a person with a master's degree from 
 20.6   an accredited college or university in one of the behavioral 
 20.7   sciences or related fields, with at least 4,000 hours of 
 20.8   post-master's supervised experience in the delivery of clinical 
 20.9   services in the treatment of mental illness.  
 20.10     Sec. 10.  Minnesota Statutes 2000, section 245.462, 
 20.11  subdivision 20, is amended to read: 
 20.12     Subd. 20.  [MENTAL ILLNESS.] (a) "Mental illness" means an 
 20.13  organic disorder of the brain or a clinically significant 
 20.14  disorder of thought, mood, perception, orientation, memory, or 
 20.15  behavior that is listed in the clinical manual of the 
 20.16  International Classification of Diseases (ICD-9-CM), current 
 20.17  edition, code range 290.0 to 302.99 or 306.0 to 316.0 or the 
 20.18  corresponding code in the American Psychiatric Association's 
 20.19  Diagnostic and Statistical Manual of Mental Disorders (DSM-MD), 
 20.20  current edition, Axes I, II, or III, and that seriously limits a 
 20.21  person's capacity to function in primary aspects of daily living 
 20.22  such as personal relations, living arrangements, work, and 
 20.23  recreation.  
 20.24     (b) An "adult with acute mental illness" means an adult who 
 20.25  has a mental illness that is serious enough to require prompt 
 20.26  intervention.  
 20.27     (c) For purposes of case management and community support 
 20.28  services, a "person with serious and persistent mental illness" 
 20.29  means an adult who has a mental illness and meets at least one 
 20.30  of the following criteria: 
 20.31     (1) the adult has undergone two or more episodes of 
 20.32  inpatient care for a mental illness within the preceding 24 
 20.33  months; 
 20.34     (2) the adult has experienced a continuous psychiatric 
 20.35  hospitalization or residential treatment exceeding six months' 
 20.36  duration within the preceding 12 months; 
 21.1      (3) the adult: 
 21.2      (i) has a diagnosis of schizophrenia, bipolar disorder, 
 21.3   major depression, ~~or~~ borderline personality disorder, or severe 
 21.4   anxiety disorder such as panic disorder, obsessive-compulsive 
 21.5   disorder, posttraumatic stress disorder, and social anxiety 
 21.6   disorder; 
 21.7      (ii) indicates a significant impairment in functioning; and 
 21.8      (iii) has a written opinion from a mental health 
 21.9   professional, in the last three years, stating that either:  (A) 
 21.10  the adult is reasonably likely to have future episodes requiring 
 21.11  inpatient or residential treatment, of a frequency described in 
 21.12  clause (1) or (2), unless ongoing case management or community 
 21.13  support services are provided; or (B) ongoing case management 
 21.14  and community support services are appropriate to prevent 
 21.15  relapse and maintain community functioning or to avoid 
 21.16  hospitalization or residential treatment; 
 21.17     (4) the adult has, in the last three years, been committed 
 21.18  by a court as a mentally ill person under chapter 253B, or the 
 21.19  adult's commitment has been stayed or continued; ~~or~~ 
 21.20     (5) the adult (i) was eligible under clauses (1) to (4), 
 21.21  but the specified time period has expired or the adult was 
 21.22  eligible as a child under section 245.4871, subdivision 6; and 
 21.23  (ii) has a written opinion from a mental health professional, in 
 21.24  the last three years, stating that the adult is reasonably 
 21.25  likely to have future episodes requiring inpatient or 
 21.26  residential treatment, of a frequency described in clause (1) or 
 21.27  (2), unless ongoing case management or community support 
 21.28  services are provided; or 
 21.29     (6) the adult is between the ages of 18 and 25 and as a 
 21.30  child (i) was eligible for services under sections 245.487 to 
 21.31  245.4888 as a child with severe emotional disturbance, as 
 21.32  defined in section 245.4871, subdivision 6; or (ii) was eligible 
 21.33  for special education services under the Individuals with 
 21.34  Disabilities Education Act or chapter 125A as a child with an 
 21.35  emotional or behavioral disorder, as defined in Minnesota Rules, 
 21.36  part 3525.1329, subpart 1. 
 22.1      Sec. 11.  Minnesota Statutes 2000, section 245.462, is 
 22.2   amended by adding a subdivision to read: 
 22.3      Subd. 25a.  [SIGNIFICANT IMPAIRMENT IN 
 22.4   FUNCTIONING.] "Significant impairment in functioning" means a 
 22.5   condition, including significant suicidal ideation or thoughts 
 22.6   of harming self or others, which harmfully affects, recurrently 
 22.7   or consistently, a person's activities of daily living in 
 22.8   employment, housing, family, and social relationships, or 
 22.9   education. 
 22.10     Sec. 12.  Minnesota Statutes 2000, section 245.466, 
 22.11  subdivision 2, is amended to read: 
 22.12     Subd. 2.  [ADULT MENTAL HEALTH SERVICES.] The adult mental 
 22.13  health service system developed by each county board must 
 22.14  include the following services:  
 22.15     (1) education and prevention services in accordance with 
 22.16  section 245.468; 
 22.17     (2) emergency services in accordance with section 245.469; 
 22.18     (3) outpatient services in accordance with section 245.470; 
 22.19     (4) community support program services in accordance with 
 22.20  section 245.4711; 
 22.21     (5) residential treatment services in accordance with 
 22.22  section 245.472; 
 22.23     (6) acute care hospital inpatient treatment services in 
 22.24  accordance with section 245.473; 
 22.25     (7) regional treatment center inpatient services in 
 22.26  accordance with section 245.474; 
 22.27     (8) screening in accordance with section 245.476; ~~and~~ 
 22.28     (9) case management in accordance with sections 245.462, 
 22.29  subdivision 3; and 245.4711; and 
 22.30     (10) mental health crisis services in accordance with 
 22.31  section 245.470, subdivision 3. 
 22.32     Sec. 13.  Minnesota Statutes 2000, section 245.470, is 
 22.33  amended by adding a subdivision to read: 
 22.34     Subd. 3.  [MENTAL HEALTH CRISIS SERVICES.] County boards 
 22.35  must provide or contract for enough mental health crisis 
 22.36  services within the county to meet the needs of adults with 
 23.1   mental illness residing in the county who are determined, 
 23.2   through an assessment by a mental health professional, to be 
 23.3   experiencing a mental health crisis or mental health emergency.  
 23.4   The mental health crisis services provided must be medically 
 23.5   necessary, as defined in section 62Q.53, subdivision 2, and 
 23.6   appropriate or socially necessary for the safety of the adult or 
 23.7   others. 
 23.8      Sec. 14.  Minnesota Statutes 2000, section 245.4711, is 
 23.9   amended by adding a subdivision to read: 
 23.10     Subd. 6a.  [TEAM CASE MANAGEMENT SERVICES.] One year before 
 23.11  a child's eligibility for mental health services under sections 
 23.12  245.487 to 245.4888 ends, a child with severe emotional 
 23.13  disturbance who is reasonably expected to require mental health 
 23.14  services under sections 245.461 to 245.486 is eligible for team 
 23.15  case management services from both a case management service 
 23.16  provider for adults and a case management service provider for 
 23.17  children.  Team case management services may be available until 
 23.18  age 22.  To the extent possible, the case management service 
 23.19  provider for children who served the child shall continue to 
 23.20  serve that person as part of the team under this subdivision.  
 23.21  Case management service providers providing team case management 
 23.22  services may each receive separate payment for services 
 23.23  provided, according to section 256B.0625, subdivision 20, 
 23.24  paragraph (f). 
 23.25     Sec. 15.  [245.4713] [REIMBURSEMENT FOR TRANSPORTATION 
 23.26  COSTS.] 
 23.27     A community support services program that a county board 
 23.28  contracts with for community support services may administer a 
 23.29  program to reimburse individuals and organizations for 
 23.30  transporting adults with serious and persistent mental illness 
 23.31  to health care and social support services deemed necessary by 
 23.32  case managers or mental health professionals serving the 
 23.33  adults.  The program may reimburse individuals and organizations 
 23.34  for transportation costs that may not be billed to the medical 
 23.35  assistance program under section 256B.0625.  Individuals and 
 23.36  organizations that may be reimbursed include, but are not 
 24.1   limited to, providers of outpatient mental health services, 
 24.2   members of consumer cooperatives, family members and friends who 
 24.3   are providing transportation, and other individuals and 
 24.4   organizations providing transportation to adults.  If a 
 24.5   community support services program chooses to administer a 
 24.6   reimbursement program, the program may apply to the commissioner 
 24.7   for the funds through an application process established by the 
 24.8   commissioner.  The commissioner shall establish reimbursement 
 24.9   rates to be used by community support services programs. 
 24.10     Sec. 16.  Minnesota Statutes 2000, section 245.4871, is 
 24.11  amended by adding a subdivision to read: 
 24.12     Subd. 9b.  [CRISIS INTERVENTION SERVICES.] Crisis 
 24.13  intervention services are short-term, intensive, nonresidential 
 24.14  mental health services that include assessment, mental health 
 24.15  rehabilitative services, and a crisis disposition plan.  Crisis 
 24.16  intervention services are intended to help the recipient return 
 24.17  to a baseline level of functioning or prevent further harmful 
 24.18  consequences due to the psychiatric symptoms. 
 24.19     Sec. 17.  Minnesota Statutes 2000, section 245.4871, is 
 24.20  amended by adding a subdivision to read: 
 24.21     Subd. 9c.  [CRISIS STABILIZATION SERVICES.] Crisis 
 24.22  stabilization services covers assessment and intensive 
 24.23  individualized rehabilitative services provided in a recipient's 
 24.24  home or a short-term residential setting.  Crisis stabilization 
 24.25  services are intended to prevent further deterioration or 
 24.26  exacerbation of psychiatric symptoms or help the recipient to 
 24.27  reside in the recipient's usual living arrangement during or 
 24.28  following a mental health crisis or emergency. 
 24.29     Sec. 18.  Minnesota Statutes 2000, section 245.4871, 
 24.30  subdivision 10, is amended to read: 
 24.31     Subd. 10.  [DAY TREATMENT SERVICES.] "Day treatment," "day 
 24.32  treatment services," or "day treatment program" means a 
 24.33  structured program of treatment and care provided to a child in: 
 24.34     (1) an outpatient hospital accredited by the joint 
 24.35  commission on accreditation of health organizations and licensed 
 24.36  under sections 144.50 to 144.55; 
 25.1      (2) a community mental health center under section 245.62; 
 25.2      (3) an entity that is under contract with the county board 
 25.3   to operate a program that meets the requirements of section 
 25.4   245.4884, subdivision 2, and Minnesota Rules, parts 9505.0170 to 
 25.5   9505.0475; or 
 25.6      (4) an entity that operates a program that meets the 
 25.7   requirements of section 245.4884, subdivision 2, and Minnesota 
 25.8   Rules, parts 9505.0170 to 9505.0475, that is under contract with 
 25.9   an entity that is under contract with a county board. 
 25.10     Day treatment consists of group psychotherapy and other 
 25.11  intensive therapeutic services that are provided for a minimum 
 25.12  three-hour time block by a multidisciplinary staff under the 
 25.13  clinical supervision of a mental health professional.  Day 
 25.14  treatment may include education and consultation provided to 
 25.15  families and other individuals as an extension of the treatment 
 25.16  process.  The services are aimed at stabilizing the child's 
 25.17  mental health status, and developing and improving the child's 
 25.18  daily independent living and socialization skills.  Day 
 25.19  treatment services are distinguished from day care by their 
 25.20  structured therapeutic program of psychotherapy services.  Day 
 25.21  treatment services are not a part of inpatient hospital or 
 25.22  residential treatment services.  Day treatment services for a 
 25.23  child are an integrated set of education, therapy, and family 
 25.24  interventions. 
 25.25     A day treatment service must be available to a child at 
 25.26  least five days a week throughout the year and must be 
 25.27  coordinated with, integrated with, or part of an education 
 25.28  program offered by the child's school. 
 25.29     Sec. 19.  Minnesota Statutes 2000, section 245.4871, 
 25.30  subdivision 17, is amended to read: 
 25.31     Subd. 17.  [FAMILY COMMUNITY SUPPORT SERVICES.] "Family 
 25.32  community support services" means services provided under the 
 25.33  clinical supervision of a mental health professional and 
 25.34  designed to help each child with severe emotional disturbance to 
 25.35  function and remain with the child's family in the community.  
 25.36  Family community support services do not include acute care 
 26.1   hospital inpatient treatment, residential treatment services, or 
 26.2   regional treatment center services.  Family community support 
 26.3   services include:  
 26.4      (1) client outreach to each child with severe emotional 
 26.5   disturbance and the child's family; 
 26.6      (2) medication monitoring where necessary; 
 26.7      (3) assistance in developing independent living skills; 
 26.8      (4) assistance in developing parenting skills necessary to 
 26.9   address the needs of the child with severe emotional 
 26.10  disturbance; 
 26.11     (5) assistance with leisure and recreational activities; 
 26.12     (6) crisis assistance, including crisis placement and 
 26.13  respite care; 
 26.14     (7) professional home-based family treatment; 
 26.15     (8) foster care with therapeutic supports; 
 26.16     (9) day treatment; 
 26.17     (10) assistance in locating respite care and special needs 
 26.18  day care; ~~and~~ 
 26.19     (11) assistance in obtaining potential financial resources, 
 26.20  including those benefits listed in section 245.4884, subdivision 
 26.21  5; 
 26.22     (12) education and consultation provided to families and 
 26.23  other individuals as an extension of the treatment process; and 
 26.24     (13) assistance to consumers in pursuing complaints and 
 26.25  appeals, and obtaining access to dispute resolution processes. 
 26.26     Sec. 20.  Minnesota Statutes 2000, section 245.4871, is 
 26.27  amended by adding a subdivision to read: 
 26.28     Subd. 24a.  [MENTAL HEALTH CRISIS.] "Mental health crisis" 
 26.29  means an urgent behavioral, emotional, or psychiatric condition 
 26.30  that would, in the determination of a mental health 
 26.31  professional, result in significantly reduced levels of 
 26.32  functioning in primary activities of daily living if mental 
 26.33  health crisis services are not provided as soon as possible, 
 26.34  usually within 24 hours. 
 26.35     Sec. 21.  Minnesota Statutes 2000, section 245.4871, is 
 26.36  amended by adding a subdivision to read: 
 27.1      Subd. 24b.  [MENTAL HEALTH EMERGENCY.] "Mental health 
 27.2   emergency" means an urgent behavioral, emotional, or psychiatric 
 27.3   situation that would, in the determination of a mental health 
 27.4   professional, pose an immediate threat to the physical health or 
 27.5   safety of the child or others if mental health crisis services 
 27.6   are not provided. 
 27.7      Sec. 22.  Minnesota Statutes 2000, section 245.4871, is 
 27.8   amended by adding a subdivision to read: 
 27.9      Subd. 24c.  [MENTAL HEALTH CRISIS SERVICES.] "Mental health 
 27.10  crisis services" means crisis assessment, crisis intervention, 
 27.11  and crisis stabilization services that are not billed as part of 
 27.12  hospital emergency room care or an inpatient hospital admission. 
 27.13     Sec. 23.  Minnesota Statutes 2000, section 245.4871, 
 27.14  subdivision 27, is amended to read: 
 27.15     Subd. 27.  [MENTAL HEALTH PROFESSIONAL.] "Mental health 
 27.16  professional" means a person providing clinical services in the 
 27.17  diagnosis and treatment of children's emotional disorders.  A 
 27.18  mental health professional must have training and experience in 
 27.19  working with children consistent with the age group to which the 
 27.20  mental health professional is assigned.  A mental health 
 27.21  professional must be qualified in at least one of the following 
 27.22  ways:  
 27.23     (1) in psychiatric nursing, the mental health professional 
 27.24  must be a registered nurse who is licensed under sections 
 27.25  148.171 to 148.285 and who is certified as a clinical specialist 
 27.26  in child and adolescent psychiatric or mental health nursing by 
 27.27  a national nurse certification organization or who has a 
 27.28  master's degree in nursing or one of the behavioral sciences or 
 27.29  related fields from an accredited college or university or its 
 27.30  equivalent, with at least 4,000 hours of post-master's 
 27.31  supervised experience in the delivery of clinical services in 
 27.32  the treatment of mental illness; 
 27.33     (2) in clinical social work, the mental health professional 
 27.34  must be a person licensed as an independent clinical social 
 27.35  worker under section 148B.21, subdivision 6, or a person with a 
 27.36  master's degree in social work from an accredited college or 
 28.1   university, with at least 4,000 hours of post-master's 
 28.2   supervised experience in the delivery of clinical services in 
 28.3   the treatment of mental disorders; 
 28.4      (3) in psychology, the mental health professional must be ~~a~~ 
 28.5   ~~psychologist~~ an individual licensed by the board of psychology 
 28.6   under sections 148.88 to 148.98 who has stated to the board of 
 28.7   psychology competencies in the diagnosis and treatment of mental 
 28.8   disorders; 
 28.9      (4) in psychiatry, the mental health professional must be a 
 28.10  physician licensed under chapter 147 and certified by the 
 28.11  American board of psychiatry and neurology or eligible for board 
 28.12  certification in psychiatry; 
 28.13     (5) in marriage and family therapy, the mental health 
 28.14  professional must be a marriage and family therapist licensed 
 28.15  under sections 148B.29 to 148B.39 with at least two years of 
 28.16  post-master's supervised experience in the delivery of clinical 
 28.17  services in the treatment of mental disorders or emotional 
 28.18  disturbances; or 
 28.19     (6) in allied fields, the mental health professional must 
 28.20  be a person with a master's degree from an accredited college or 
 28.21  university in one of the behavioral sciences or related fields, 
 28.22  with at least 4,000 hours of post-master's supervised experience 
 28.23  in the delivery of clinical services in the treatment of 
 28.24  emotional disturbances. 
 28.25     Sec. 24.  Minnesota Statutes 2000, section 245.4871, 
 28.26  subdivision 29, is amended to read: 
 28.27     Subd. 29.  [OUTPATIENT SERVICES.] "Outpatient services" 
 28.28  means mental health services, excluding day treatment and 
 28.29  community support services programs, provided by or under the 
 28.30  clinical supervision of a mental health professional to children 
 28.31  with emotional disturbances who live outside a hospital.  
 28.32  Outpatient services include clinical activities such as 
 28.33  individual, group, and family therapy; individual treatment 
 28.34  planning; diagnostic assessments; medication management; and 
 28.35  psychological testing.  Outpatient services include education 
 28.36  and consultation provided to families and other individuals as 
 29.1   an extension of the treatment process. 
 29.2      Sec. 25.  Minnesota Statutes 2000, section 245.4875, 
 29.3   subdivision 2, is amended to read: 
 29.4      Subd. 2.  [CHILDREN'S MENTAL HEALTH SERVICES.] The 
 29.5   children's mental health service system developed by each county 
 29.6   board must include the following services:  
 29.7      (1) education and prevention services according to section 
 29.8   245.4877; 
 29.9      (2) mental health identification and intervention services 
 29.10  according to section 245.4878; 
 29.11     (3) emergency services according to section 245.4879; 
 29.12     (4) outpatient services according to section 245.488; 
 29.13     (5) family community support services according to section 
 29.14  245.4881; 
 29.15     (6) day treatment services according to section 245.4884, 
 29.16  subdivision 2; 
 29.17     (7) residential treatment services according to section 
 29.18  245.4882; 
 29.19     (8) acute care hospital inpatient treatment services 
 29.20  according to section 245.4883; 
 29.21     (9) screening according to section 245.4885; 
 29.22     (10) case management according to section 245.4881; 
 29.23     (11) therapeutic support of foster care according to 
 29.24  section 245.4884, subdivision 4; ~~and~~ 
 29.25     (12) professional home-based family treatment according to 
 29.26  section 245.4884, subdivision 4; and 
 29.27     (13) mental health crisis services according to section 
 29.28  245.488, subdivision 3. 
 29.29     Sec. 26.  Minnesota Statutes 2000, section 245.4876, 
 29.30  subdivision 1, is amended to read: 
 29.31     Subdivision 1.  [CRITERIA.] Children's mental health 
 29.32  services required by sections 245.487 to 245.4888 must be:  
 29.33     (1) based, when feasible, on research findings; 
 29.34     (2) based on individual clinical, cultural, and ethnic 
 29.35  needs, and other special needs of the children being served; 
 29.36     (3) delivered in a manner that improves family functioning 
 30.1   when clinically appropriate; 
 30.2      (4) provided in the most appropriate, least restrictive 
 30.3   setting that meets the requirements in subdivision 1a, and that 
 30.4   is available to the county board to meet the child's treatment 
 30.5   needs; 
 30.6      (5) accessible to all age groups of children; 
 30.7      (6) appropriate to the developmental age of the child being 
 30.8   served; 
 30.9      (7) delivered in a manner that provides accountability to 
 30.10  the child for the quality of service delivered and continuity of 
 30.11  services to the child during the years the child needs services 
 30.12  from the local system of care; 
 30.13     (8) provided by qualified individuals as required in 
 30.14  sections 245.487 to 245.4888; 
 30.15     (9) coordinated with children's mental health services 
 30.16  offered by other providers; 
 30.17     (10) provided under conditions that protect the rights and 
 30.18  dignity of the individuals being served; and 
 30.19     (11) provided in a manner and setting most likely to 
 30.20  facilitate progress toward treatment goals. 
 30.21     Sec. 27.  Minnesota Statutes 2000, section 245.4876, is 
 30.22  amended by adding a subdivision to read: 
 30.23     Subd. 1a.  [APPROPRIATE SETTING TO RECEIVE SERVICES.] A 
 30.24  child must be provided with mental health services in the least 
 30.25  restrictive setting that is appropriate to the needs and current 
 30.26  condition of the individual child.  For a child to receive 
 30.27  mental health services in a residential treatment or acute care 
 30.28  hospital inpatient setting, the family may not be required to 
 30.29  demonstrate that services were first provided in a less 
 30.30  restrictive setting and that the child failed to make progress 
 30.31  toward or meet treatment goals in the less restrictive setting. 
 30.32     Sec. 28.  Minnesota Statutes 2000, section 245.4876, is 
 30.33  amended by adding a subdivision to read: 
 30.34     Subd. 1b.  [APPROPRIATE; DEFINITION.] For purposes of this 
 30.35  section, "appropriate" means that activity which, based on a 
 30.36  preponderance of the evidence, is consistent with the 
 31.1   professional recommendations of the current mental health 
 31.2   professionals treating the child. 
 31.3      Sec. 29.  Minnesota Statutes 2000, section 245.488, is 
 31.4   amended by adding a subdivision to read: 
 31.5      Subd. 3.  [MENTAL HEALTH CRISIS SERVICES.] County boards 
 31.6   must provide or contract for enough mental health crisis 
 31.7   services within the county to meet the needs of children with 
 31.8   emotional disturbance residing in the county who are determined, 
 31.9   through an assessment by a mental health professional, to be 
 31.10  experiencing a mental health crisis or mental health emergency. 
 31.11  The mental health crisis services provided must be medically 
 31.12  necessary, as defined in section 62Q.53, subdivision 2, and 
 31.13  appropriate or socially necessary for the safety of the child or 
 31.14  others. 
 31.15     Sec. 30.  Minnesota Statutes 2000, section 245.4885, 
 31.16  subdivision 1, is amended to read: 
 31.17     Subdivision 1.  [SCREENING REQUIRED.] The county board 
 31.18  shall, prior to admission, except in the case of emergency 
 31.19  admission, screen all children referred for treatment of severe 
 31.20  emotional disturbance to a residential treatment facility or 
 31.21  informally admitted to a regional treatment center if public 
 31.22  funds are used to pay for the services.  The county board shall 
 31.23  also screen all children admitted to an acute care hospital for 
 31.24  treatment of severe emotional disturbance if public funds other 
 31.25  than reimbursement under chapters 256B and 256D are used to pay 
 31.26  for the services.  If a child is admitted to a residential 
 31.27  treatment facility or acute care hospital for emergency 
 31.28  treatment or held for emergency care by a regional treatment 
 31.29  center under section 253B.05, subdivision 1, screening must 
 31.30  occur within three working days of admission.  Screening shall 
 31.31  determine whether the proposed treatment:  
 31.32     (1) is necessary; 
 31.33     (2) is appropriate to the child's individual treatment 
 31.34  needs.  For purposes of this clause, "appropriate" has the 
 31.35  meaning given in section 245.4876, subdivision 1b; 
 31.36     (3) cannot be effectively provided in the child's home; and 
 32.1      (4) provides a length of stay as short as possible 
 32.2   consistent with the individual child's need. 
 32.3      When a screening is conducted, the county board may not 
 32.4   determine that referral or admission to a residential treatment 
 32.5   facility or acute care hospital is not appropriate solely 
 32.6   because services were not first provided to the child in a less 
 32.7   restrictive setting and the child failed to make progress toward 
 32.8   or meet treatment goals in the less restrictive setting.  
 32.9   Screening shall include both a diagnostic assessment and a 
 32.10  functional assessment which evaluates family, school, and 
 32.11  community living situations.  If a diagnostic assessment or 
 32.12  functional assessment has been completed by a mental health 
 32.13  professional within 180 days, a new diagnostic or functional 
 32.14  assessment need not be completed unless in the opinion of the 
 32.15  current treating mental health professional the child's mental 
 32.16  health status has changed markedly since the assessment was 
 32.17  completed.  The child's parent shall be notified if an 
 32.18  assessment will not be completed and of the reasons.  A copy of 
 32.19  the notice shall be placed in the child's file.  Recommendations 
 32.20  developed as part of the screening process shall include 
 32.21  specific community services needed by the child and, if 
 32.22  appropriate, the child's family, and shall indicate whether or 
 32.23  not these services are available and accessible to the child and 
 32.24  family.  
 32.25     During the screening process, the child, child's family, or 
 32.26  child's legal representative, as appropriate, must be informed 
 32.27  of the child's eligibility for case management services and 
 32.28  family community support services and that an individual family 
 32.29  community support plan is being developed by the case manager, 
 32.30  if assigned.  
 32.31     Screening shall be in compliance with section 256F.07 or 
 32.32  260C.212, whichever applies.  Wherever possible, the parent 
 32.33  shall be consulted in the screening process, unless clinically 
 32.34  inappropriate.  
 32.35     The screening process, and placement decision, and 
 32.36  recommendations for mental health services must be documented in 
 33.1   the child's record.  
 33.2      An alternate review process may be approved by the 
 33.3   commissioner if the county board demonstrates that an alternate 
 33.4   review process has been established by the county board and the 
 33.5   times of review, persons responsible for the review, and review 
 33.6   criteria are comparable to the standards in clauses (1) to (4). 
 33.7      Sec. 31.  Minnesota Statutes 2000, section 256.969, 
 33.8   subdivision 3a, is amended to read: 
 33.9      Subd. 3a.  [PAYMENTS.] Acute care hospital billings under 
 33.10  the medical assistance program must not be submitted until the 
 33.11  recipient is discharged.  However, the commissioner shall 
 33.12  establish monthly interim payments for inpatient hospitals that 
 33.13  have individual patient lengths of stay over 30 days regardless 
 33.14  of diagnostic category.  Except as provided in subdivision 3b, 
 33.15  medical assistance reimbursement for treatment of mental illness 
 33.16  shall be reimbursed based on diagnostic classifications.  The 
 33.17  commissioner may selectively contract with hospitals for 
 33.18  services within the diagnostic categories relating to mental 
 33.19  illness and chemical dependency under competitive bidding when 
 33.20  reasonable geographic access by recipients can be assured but 
 33.21  shall not require, in the admissions criteria for persons with 
 33.22  mental illness, any commitment or petition under chapter 253B as 
 33.23  a condition of obtaining these services.  No physician shall be 
 33.24  denied the privilege of treating a recipient required to use a 
 33.25  hospital under contract with the commissioner, as long as the 
 33.26  physician meets credentialing standards of the individual 
 33.27  hospital.  Individual hospital payments established under this 
 33.28  section and sections 256.9685, 256.9686, and 256.9695, in 
 33.29  addition to third party and recipient liability, for discharges 
 33.30  occurring during the rate year shall not exceed, in aggregate, 
 33.31  the charges for the medical assistance covered inpatient 
 33.32  services paid for the same period of time to the hospital.  This 
 33.33  payment limitation shall be calculated separately for medical 
 33.34  assistance and general assistance medical care services.  The 
 33.35  limitation on general assistance medical care shall be effective 
 33.36  for admissions occurring on or after July 1, 1991.  Services 
 34.1   that have rates established under subdivision 11 or 12, must be 
 34.2   limited separately from other services.  After consulting with 
 34.3   the affected hospitals, the commissioner may consider related 
 34.4   hospitals one entity and may merge the payment rates while 
 34.5   maintaining separate provider numbers.  The operating and 
 34.6   property base rates per admission or per day shall be derived 
 34.7   from the best Medicare and claims data available when rates are 
 34.8   established.  The commissioner shall determine the best Medicare 
 34.9   and claims data, taking into consideration variables of recency 
 34.10  of the data, audit disposition, settlement status, and the 
 34.11  ability to set rates in a timely manner.  The commissioner shall 
 34.12  notify hospitals of payment rates by December 1 of the year 
 34.13  preceding the rate year.  The rate setting data must reflect the 
 34.14  admissions data used to establish relative values.  Base year 
 34.15  changes from 1981 to the base year established for the rate year 
 34.16  beginning January 1, 1991, and for subsequent rate years, shall 
 34.17  not be limited to the limits ending June 30, 1987, on the 
 34.18  maximum rate of increase under subdivision 1.  The commissioner 
 34.19  may adjust base year cost, relative value, and case mix index 
 34.20  data to exclude the costs of services that have been 
 34.21  discontinued by the October 1 of the year preceding the rate 
 34.22  year or that are paid separately from inpatient services.  
 34.23  Inpatient stays that encompass portions of two or more rate 
 34.24  years shall have payments established based on payment rates in 
 34.25  effect at the time of admission unless the date of admission 
 34.26  preceded the rate year in effect by six months or more.  In this 
 34.27  case, operating payment rates for services rendered during the 
 34.28  rate year in effect and established based on the date of 
 34.29  admission shall be adjusted to the rate year in effect by the 
 34.30  hospital cost index. 
 34.31     Sec. 32.  Minnesota Statutes 2000, section 256.969, is 
 34.32  amended by adding a subdivision to read: 
 34.33     Subd. 3b.  [CONTINUING CARE PROGRAM FOR PERSONS WITH MENTAL 
 34.34  ILLNESS.] The commissioner shall establish a continuing care 
 34.35  benefit program for persons with mental illness, in which 
 34.36  persons with mental illness may obtain acute care hospital 
 35.1   inpatient treatment for mental illness for a length of stay 
 35.2   beyond that allowed by the diagnostic classifications for mental 
 35.3   illness according to subdivision 3a.  Persons with mental 
 35.4   illness may obtain inpatient treatment under this program in 
 35.5   hospital beds for which the commissioner contracts under 
 35.6   subdivision 3a.  The commissioner shall contract externally with 
 35.7   a utilization review organization to authorize persons with 
 35.8   mental illness to access the continuing care benefit program.  
 35.9   The commissioner shall establish admission criteria to allow 
 35.10  persons with mental illness to access the continuing care 
 35.11  benefit program.  If a court orders acute care hospital 
 35.12  inpatient treatment for mental illness for a person, the person 
 35.13  may obtain the treatment under the continuing care benefit 
 35.14  program.  The commissioner shall not require, as part of the 
 35.15  admission criteria, any commitment or petition under chapter 
 35.16  253B as a condition of accessing the program. 
 35.17     Sec. 33.  Minnesota Statutes 2000, section 256B.0625, 
 35.18  subdivision 17, is amended to read: 
 35.19     Subd. 17.  [TRANSPORTATION COSTS.] (a) Medical assistance 
 35.20  covers transportation costs incurred solely for obtaining 
 35.21  emergency medical care or transportation costs incurred by 
 35.22  nonambulatory persons in obtaining emergency or nonemergency 
 35.23  medical care when paid directly to an ambulance company, common 
 35.24  carrier, or other recognized providers of transportation 
 35.25  services.  For the purpose of this subdivision, a person who is 
 35.26  incapable of transport by taxicab or bus shall be considered to 
 35.27  be nonambulatory. 
 35.28     (b) Medical assistance covers special transportation, as 
 35.29  defined in Minnesota Rules, part 9505.0315, subpart 1, item F, 
 35.30  if the provider receives and maintains a current physician's 
 35.31  order by the recipient's attending physician certifying that the 
 35.32  recipient has a physical or mental impairment that would 
 35.33  prohibit the recipient from safely accessing and using a bus, 
 35.34  taxi, other commercial transportation, or private automobile.  
 35.35  Notwithstanding Minnesota Rules, part 9505.0315, subpart 1, item 
 35.36  D, medical assistance covers special transportation services 
 36.1   necessary to obtain a service not covered by medical assistance, 
 36.2   if this service is part of the person's individual treatment 
 36.3   plan.  Special transportation includes driver-assisted service 
 36.4   to eligible individuals.  Driver-assisted service includes 
 36.5   passenger pickup at and return to the individual's residence or 
 36.6   place of business, assistance with admittance of the individual 
 36.7   to the medical facility, and assistance in passenger securement 
 36.8   or in securing of wheelchairs or stretchers in the vehicle.  The 
 36.9   commissioner shall establish maximum medical assistance 
 36.10  reimbursement rates for special transportation services for 
 36.11  persons who need a wheelchair lift van or stretcher-equipped 
 36.12  vehicle and for those who do not need a wheelchair lift van or 
 36.13  stretcher-equipped vehicle.  The average of these two rates per 
 36.14  trip must not exceed $15 for the base rate and $1.20 per mile.  
 36.15  Special transportation provided to nonambulatory persons who do 
 36.16  not need a wheelchair lift van or stretcher-equipped vehicle, 
 36.17  may be reimbursed at a lower rate than special transportation 
 36.18  provided to persons who need a wheelchair lift van or 
 36.19  stretcher-equipped vehicle. 
 36.20     Sec. 34.  Minnesota Statutes 2000, section 256B.0625, is 
 36.21  amended by adding a subdivision to read: 
 36.22     Subd. 43.  [CONTINUING CARE FOR PERSONS WITH MENTAL 
 36.23  ILLNESS.] Medical assistance covers a continuing care benefit 
 36.24  for persons with mental illness established under section 
 36.25  256.969, subdivision 3b, in which persons with mental illness 
 36.26  may obtain acute care hospital inpatient treatment for a length 
 36.27  of stay beyond that allowed by the diagnostic classifications 
 36.28  for mental illness. 
 36.29     Sec. 35.  Minnesota Statutes 2000, section 256B.0625, is 
 36.30  amended by adding a subdivision to read: 
 36.31     Subd. 44.  [COMMUNITY SUPPORT SERVICES PROGRAM.] Medical 
 36.32  assistance covers services included under a community support 
 36.33  services program, as defined in section 245.462, subdivision 6. 
 36.34     Sec. 36.  Minnesota Statutes 2000, section 256B.0625, is 
 36.35  amended by adding a subdivision to read: 
 36.36     Subd. 45.  [MENTAL HEALTH EVALUATION AND MANAGEMENT; 
 37.1   CLINICAL SUPERVISION.] (a) Medical assistance covers the 
 37.2   following evaluation and management services related to mental 
 37.3   health symptoms, treatment, and supportive services: 
 37.4      (1) outpatient services performed by mental health 
 37.5   professionals in community mental health centers under 
 37.6   subdivision 5 or section 245.62, community health clinics under 
 37.7   Minnesota Rules, part 9505.0255, public health clinics under 
 37.8   Minnesota Rules, part 9505.0380, or mental health centers and 
 37.9   mental health clinics certified under Minnesota Rules, parts 
 37.10  9520.0750 to 9520.0870; 
 37.11     (2) inpatient evaluation and management services performed 
 37.12  by psychiatrists for day treatment, partial hospitalization, 
 37.13  crisis intervention, and nonresidential crisis stabilization 
 37.14  services; and 
 37.15     (3) consultation, evaluation, and management services 
 37.16  provided via telemedicine. 
 37.17     (b) Medical assistance covers clinical supervision services 
 37.18  that are required as a condition of payment for services 
 37.19  provided under subdivisions 3 and 5, and Minnesota Rules, parts 
 37.20  9505.0323, 9505.0324, and 9505.0326. 
 37.21     Sec. 37.  Minnesota Statutes 2000, section 256B.0625, is 
 37.22  amended by adding a subdivision to read: 
 37.23     Subd. 46.  [MENTAL HEALTH CRISIS SERVICES.] Medical 
 37.24  assistance covers adult and child mental health crisis services 
 37.25  as defined in sections 245.462, subdivision 14c, and 245.4871, 
 37.26  subdivision 24c. 
 37.27     Sec. 38.  [256B.063] [PRESUMPTIVE ELIGIBILITY FOR PERSONS 
 37.28  EXPERIENCING A MENTAL HEALTH CRISIS OR EMERGENCY.] 
 37.29     Medical assistance coverage is available during a 
 37.30  presumptive eligibility period for adults and children 
 37.31  experiencing a mental health crisis as defined in sections 
 37.32  245.462, subdivision 14a, or 245.4871, subdivision 24a, or a 
 37.33  mental health emergency as defined in sections 245.462, 
 37.34  subdivision 14b, or 245.4871, subdivision 24b.  For purposes of 
 37.35  this section, the presumptive eligibility period begins on the 
 37.36  date on which a county human services agency, or an entity 
 38.1   designated by the county, determines, on the basis of 
 38.2   preliminary information, that the household income of the child 
 38.3   or adult does not exceed the applicable medical assistance 
 38.4   income limit.  The presumptive eligibility period ends on the 
 38.5   day on which a determination is made with respect to the 
 38.6   eligibility of the child or adult, except in the event an 
 38.7   application is not filed by the last day of the month following 
 38.8   the month during which the determination based on preliminary 
 38.9   information is made, the presumptive eligibility period ends on 
 38.10  that last day of the month. 
 38.11     Sec. 39.  Minnesota Statutes 2000, section 256E.12, 
 38.12  subdivision 1, is amended to read: 
 38.13     Subdivision 1.  The commissioner shall establish a 
 38.14  statewide program to assist counties in providing services to 
 38.15  persons with serious and persistent mental illness as defined in 
 38.16  section 245.462, subdivision 20.  The commissioner shall make 
 38.17  grants to counties to establish, operate, or contract with 
 38.18  private providers to provide services designed to help persons 
 38.19  with serious and persistent mental illness remain and function 
 38.20  in their own communities.  Grants received pursuant to this 
 38.21  section may be used to fund community support services programs 
 38.22  as specified in section 245.462, subdivision 6~~,~~; the purchase, 
 38.23  financing, or lease of passenger vehicles by nonprofit community 
 38.24  mental health providers to transport adults with serious and 
 38.25  persistent mental illness as specified in subdivision 5; and 
 38.26  case management activities that cannot be billed to the medical 
 38.27  assistance program under sections 256B.02, subdivision 8, and 
 38.28  256B.0625. 
 38.29     Sec. 40.  Minnesota Statutes 2000, section 256E.12, is 
 38.30  amended by adding a subdivision to read: 
 38.31     Subd. 5.  [ACQUISITION OF PASSENGER VEHICLES.] A nonprofit 
 38.32  community mental health provider may purchase, finance the 
 38.33  purchase of, or lease one or more passenger vehicles, to be used 
 38.34  to transport adults with serious and persistent mental illness 
 38.35  to receive health care and social services deemed necessary by 
 38.36  the case managers or mental health professionals serving the 
 39.1   adults.  A provider who chooses to purchase, finance the 
 39.2   purchase of, or lease one or more passenger vehicles may apply 
 39.3   to the county board for funds through an application process 
 39.4   established by the county board. 
 39.5      Sec. 41.  Minnesota Statutes 2000, section 260C.201, 
 39.6   subdivision 1, is amended to read: 
 39.7      Subdivision 1.  [DISPOSITIONS.] (a) If the court finds that 
 39.8   the child is in need of protection or services or neglected and 
 39.9   in foster care, it shall enter an order making any of the 
 39.10  following dispositions of the case: 
 39.11     (1) place the child under the protective supervision of the 
 39.12  local social services agency or child-placing agency in the home 
 39.13  of a parent of the child under conditions prescribed by the 
 39.14  court directed to the correction of the child's need for 
 39.15  protection or services, or: 
 39.16     (i) the court may order the child into the home of a parent 
 39.17  who does not otherwise have legal custody of the child, however, 
 39.18  an order under this section does not confer legal custody on 
 39.19  that parent; 
 39.20     (ii) if the court orders the child into the home of a 
 39.21  father who is not adjudicated, he must cooperate with paternity 
 39.22  establishment proceedings regarding the child in the appropriate 
 39.23  jurisdiction as one of the conditions prescribed by the court 
 39.24  for the child to continue in his home; 
 39.25     (iii) the court may order the child into the home of a 
 39.26  noncustodial parent with conditions and may also order both the 
 39.27  noncustodial and the custodial parent to comply with the 
 39.28  requirements of a case plan under subdivision 2; 
 39.29     (2) transfer legal custody to one of the following: 
 39.30     (i) a child-placing agency; or 
 39.31     (ii) the local social services agency. 
 39.32     In placing a child whose custody has been transferred under 
 39.33  this paragraph, the agencies shall follow the requirements of 
 39.34  section 260C.193, subdivision 3; 
 39.35     (3) if the child has been adjudicated as a child in need of 
 39.36  protection or services because the child is in need of special 
 40.1   ~~treatment and~~ services or care ~~for reasons of physical or mental~~ 
 40.2   ~~health~~ to treat or ameliorate a physical or mental disability, 
 40.3   the court may order the child's health plan, parent, guardian, 
 40.4   or custodian to provide it.  If the health plan, parent, 
 40.5   guardian, or custodian fails or is unable to provide this 
 40.6   treatment or care, the court may order it provided.  Absent 
 40.7   specific written findings by the court that the child's 
 40.8   disability is the result of abuse or neglect by the child's 
 40.9   parent or guardian, the court shall not transfer legal custody 
 40.10  of the child for the purpose of obtaining special treatment or 
 40.11  care solely because the parent is unable to provide the 
 40.12  treatment or care.  If the court's order for mental health 
 40.13  treatment is based on a diagnosis made by a treatment 
 40.14  professional, the court may order that the diagnosing 
 40.15  professional not provide the treatment to the child if it finds 
 40.16  that such an order is in the child's best interests; or 
 40.17     (4) if the court believes that the child has sufficient 
 40.18  maturity and judgment and that it is in the best interests of 
 40.19  the child, the court may order a child 16 years old or older to 
 40.20  be allowed to live independently, either alone or with others as 
 40.21  approved by the court under supervision the court considers 
 40.22  appropriate, if the county board, after consultation with the 
 40.23  court, has specifically authorized this dispositional 
 40.24  alternative for a child. 
 40.25     (b) If the child was adjudicated in need of protection or 
 40.26  services because the child is a runaway or habitual truant, the 
 40.27  court may order any of the following dispositions in addition to 
 40.28  or as alternatives to the dispositions authorized under 
 40.29  paragraph (a): 
 40.30     (1) counsel the child or the child's parents, guardian, or 
 40.31  custodian; 
 40.32     (2) place the child under the supervision of a probation 
 40.33  officer or other suitable person in the child's own home under 
 40.34  conditions prescribed by the court, including reasonable rules 
 40.35  for the child's conduct and the conduct of the parents, 
 40.36  guardian, or custodian, designed for the physical, mental, and 
 41.1   moral well-being and behavior of the child; or with the consent 
 41.2   of the commissioner of corrections, place the child in a group 
 41.3   foster care facility which is under the commissioner's 
 41.4   management and supervision; 
 41.5      (3) subject to the court's supervision, transfer legal 
 41.6   custody of the child to one of the following: 
 41.7      (i) a reputable person of good moral character.  No person 
 41.8   may receive custody of two or more unrelated children unless 
 41.9   licensed to operate a residential program under sections 245A.01 
 41.10  to 245A.16; or 
 41.11     (ii) a county probation officer for placement in a group 
 41.12  foster home established under the direction of the juvenile 
 41.13  court and licensed pursuant to section 241.021; 
 41.14     (4) require the child to pay a fine of up to $100.  The 
 41.15  court shall order payment of the fine in a manner that will not 
 41.16  impose undue financial hardship upon the child; 
 41.17     (5) require the child to participate in a community service 
 41.18  project; 
 41.19     (6) order the child to undergo a chemical dependency 
 41.20  evaluation and, if warranted by the evaluation, order 
 41.21  participation by the child in a drug awareness program or an 
 41.22  inpatient or outpatient chemical dependency treatment program; 
 41.23     (7) if the court believes that it is in the best interests 
 41.24  of the child and of public safety that the child's driver's 
 41.25  license or instruction permit be canceled, the court may order 
 41.26  the commissioner of public safety to cancel the child's license 
 41.27  or permit for any period up to the child's 18th birthday.  If 
 41.28  the child does not have a driver's license or permit, the court 
 41.29  may order a denial of driving privileges for any period up to 
 41.30  the child's 18th birthday.  The court shall forward an order 
 41.31  issued under this clause to the commissioner, who shall cancel 
 41.32  the license or permit or deny driving privileges without a 
 41.33  hearing for the period specified by the court.  At any time 
 41.34  before the expiration of the period of cancellation or denial, 
 41.35  the court may, for good cause, order the commissioner of public 
 41.36  safety to allow the child to apply for a license or permit, and 
 42.1   the commissioner shall so authorize; 
 42.2      (8) order that the child's parent or legal guardian deliver 
 42.3   the child to school at the beginning of each school day for a 
 42.4   period of time specified by the court; or 
 42.5      (9) require the child to perform any other activities or 
 42.6   participate in any other treatment programs deemed appropriate 
 42.7   by the court.  
 42.8      To the extent practicable, the court shall enter a 
 42.9   disposition order the same day it makes a finding that a child 
 42.10  is in need of protection or services or neglected and in foster 
 42.11  care, but in no event more than 15 days after the finding unless 
 42.12  the court finds that the best interests of the child will be 
 42.13  served by granting a delay.  If the child was under eight years 
 42.14  of age at the time the petition was filed, the disposition order 
 42.15  must be entered within ten days of the finding and the court may 
 42.16  not grant a delay unless good cause is shown and the court finds 
 42.17  the best interests of the child will be served by the delay. 
 42.18     (c) If a child who is 14 years of age or older is 
 42.19  adjudicated in need of protection or services because the child 
 42.20  is a habitual truant and truancy procedures involving the child 
 42.21  were previously dealt with by a school attendance review board 
 42.22  or county attorney mediation program under section 260A.06 or 
 42.23  260A.07, the court shall order a cancellation or denial of 
 42.24  driving privileges under paragraph (b), clause (7), for any 
 42.25  period up to the child's 18th birthday. 
 42.26     (d) In the case of a child adjudicated in need of 
 42.27  protection or services because the child has committed domestic 
 42.28  abuse and been ordered excluded from the child's parent's home, 
 42.29  the court shall dismiss jurisdiction if the court, at any time, 
 42.30  finds the parent is able or willing to provide an alternative 
 42.31  safe living arrangement for the child, as defined in Laws 1997, 
 42.32  chapter 239, article 10, section 2.  
 42.33     Sec. 42.  [PILOT PROGRAM; ADVOCACY SERVICES FOR CERTAIN 
 42.34  CHILDREN WITH SEVERE EMOTIONAL DISTURBANCE.] 
 42.35     The commissioner of human services shall establish a pilot 
 42.36  program to provide advocacy services to children with severe 
 43.1   emotional disturbance who are reasonably expected to require 
 43.2   mental health services under Minnesota Statutes, sections 
 43.3   245.461 to 245.486.  Advocacy services shall be available 
 43.4   beginning one year before a child's eligibility for mental 
 43.5   health services under Minnesota Statutes, sections 245.487 to 
 43.6   245.4888, ends and shall be available until age 25.  
 43.7   Organizations that receive grants from the commissioner under 
 43.8   this pilot program shall advocate for these persons to ensure 
 43.9   that they receive all the transition services for which they are 
 43.10  eligible, including vocational, educational, housing, and life 
 43.11  skills transition services. 
 43.12     Sec. 43.  [NOTICE REGARDING ESTABLISHMENT OF CONTINUING 
 43.13  CARE BENEFIT PROGRAM.] 
 43.14     When the continuing care benefit program for persons with 
 43.15  mental illness under Minnesota Statutes, section 256.969, 
 43.16  subdivision 3b, is established, the commissioner of human 
 43.17  services shall notify counties, health plan companies with 
 43.18  prepaid medical assistance contracts, health care providers, and 
 43.19  enrollees of the benefit program through bulletins, workshops, 
 43.20  and other meetings. 
 43.21     Sec. 44.  [STUDY; LENGTH OF STAY FOR MEDICARE-ELIGIBLE 
 43.22  PERSONS.] 
 43.23     The commissioner of human services shall study and make 
 43.24  recommendations on how Medicare-eligible persons with mental 
 43.25  illness may obtain acute care hospital inpatient treatment for 
 43.26  mental illness for a length of stay beyond that allowed by the 
 43.27  diagnostic classifications for mental illness according to 
 43.28  Minnesota Statutes, section 256.969, subdivision 3a.  The study 
 43.29  and recommendations shall be reported to the legislature by 
 43.30  January 15, 2002. 
 43.31     Sec. 45.  [APPROPRIATIONS.] 
 43.32     Subdivision 1.  [ACQUISITION OF PASSENGER 
 43.33  VEHICLES.] $....... is appropriated from the general fund for 
 43.34  the 2002-2003 biennium to the commissioner of human services to 
 43.35  increase funding to county boards under Minnesota Rules, parts 
 43.36  9535.1700 to 9535.1760.  County boards shall use the additional 
 44.1   funds to provide grants to nonprofit community mental health 
 44.2   providers to purchase, finance the purchase of, or lease 
 44.3   passenger vehicles according to Minnesota Statutes, section 
 44.4   256E.12, subdivision 5. 
 44.5      Subd. 2.  [TRANSPORTATION COSTS.] $....... is appropriated 
 44.6   from the general fund for the 2002-2003 biennium to the 
 44.7   commissioner of human services for grants to community support 
 44.8   services programs with which county boards contract for the 
 44.9   provision of community support services.  Community support 
 44.10  services programs shall use the funds to reimburse the 
 44.11  transportation costs of individuals and organizations that 
 44.12  transport adults with serious and persistent mental illness 
 44.13  according to Minnesota Statutes, section 245.4713. 
 44.14     Subd. 3.  [ADDITIONAL CONTRACT BEDS.] $....... is 
 44.15  appropriated for the 2002-2003 biennium from the general fund to 
 44.16  the commissioner of human services to increase funding for state 
 44.17  mental health grants.  The commissioner shall use this 
 44.18  appropriation to contract with hospitals for additional beds to 
 44.19  provide acute care hospital inpatient services to persons with 
 44.20  mental illness, including persons covered by Medicare, who are 
 44.21  not eligible under the medical assistance contract under 
 44.22  Minnesota Statutes, section 256.969, subdivision 3b, and who 
 44.23  require a length of stay beyond that allowed by the diagnostic 
 44.24  classifications for mental illness. 
 44.25     Subd. 4.  [PILOT PROGRAM; ADVOCACY SERVICES.] $....... is 
 44.26  appropriated for the 2002-2003 biennium from the general fund to 
 44.27  the commissioner of human services for a pilot program, 
 44.28  established according to section 42, to provide advocacy 
 44.29  services to certain children with severe emotional disturbance. 
 44.30     Subd. 5.  [CRISIS SERVICES.] $....... is appropriated from 
 44.31  the general fund to the commissioner of human services, for the 
 44.32  biennium ending June 30, 2003, to increase funding provided to 
 44.33  county boards under Minnesota Rules, parts 9535.1700 to 
 44.34  9535.1760.  County boards shall use the additional funding to 
 44.35  reimburse or contract with mental health providers to pay for 
 44.36  adult and child mental health crisis services as defined in 
 45.1   Minnesota Statutes, sections 245.462, subdivision 14c, and 
 45.2   245.4871, subdivision 24c. 
 45.3      Subd. 6.  [PRESUMPTIVE ELIGIBILITY.] $....... is 
 45.4   appropriated from the general fund to the commissioner of human 
 45.5   services, for the biennium ending June 30, 2003, for costs 
 45.6   related to implementing presumptive eligibility under Minnesota 
 45.7   Statutes, section 256B.063. 
 45.8      Subd. 7.  [COMMUNITY SOCIAL SERVICES ACT.] $....... is 
 45.9   appropriated from the general fund to the commissioner of human 
 45.10  services, for the biennium ending June 30, 2003, to increase 
 45.11  funding provided to county boards under the Title XX block 
 45.12  grant.  County boards shall use the additional funding to 
 45.13  increase reimbursement rates for mental health providers to pay 
 45.14  for education, consultation, and support services provided to 
 45.15  families and other individuals. 
 45.16     Subd. 8.  [RULE 78 FUNDING.] $....... is appropriated from 
 45.17  the general fund to the commissioner of human services, for the 
 45.18  biennium ending June 30, 2003, to increase funding provided to 
 45.19  county boards under Minnesota Rules, parts 9535.1700 to 
 45.20  9535.1760.  County boards shall use the additional funding to 
 45.21  increase reimbursement rates for mental health providers to pay 
 45.22  for education, consultation, and support services provided to 
 45.23  families and other individuals. 
 45.24                             ARTICLE 5 
 45.25                        ECONOMIC DEVELOPMENT 
 45.26     Section 1.  [APPROPRIATIONS.] 
 45.27     Subdivision 1.  [EMPLOYMENT SUPPORT SERVICES 
 45.28  PROGRAMS.] $....... is appropriated for the 2002-2003 biennium 
 45.29  from the general fund to the commissioner of economic security 
 45.30  for grants for programs that provide employment support services 
 45.31  to persons with mental illness under Minnesota Statutes, 
 45.32  sections 268A.13 and 268A.14.  This appropriation shall become 
 45.33  part of the base level funding for this activity for the 
 45.34  2004-2005 biennium.  To be eligible for a grant under this 
 45.35  section, a service provider must demonstrate in its grant 
 45.36  application measurable success in supporting persons with mental 
 46.1   illness in obtaining and retaining employment.  Grants shall be 
 46.2   provided to: 
 46.3      (1) employment support services providers who became 
 46.4   ineligible for federal vocational rehabilitation grants by 
 46.5   January 1, 2001; 
 46.6      (2) employment support services providers who, by June 30, 
 46.7   2002, will no longer be eligible for federal vocational 
 46.8   rehabilitation grants; and 
 46.9      (3) other employment support services providers, for 
 46.10  employment support services to meet the unmet needs of persons 
 46.11  with mental illness as reported by the commissioner according to 
 46.12  Minnesota Statutes, section 268A.14, subdivision 2. 
 46.13     Subd. 2.  [HOUSING ASSISTANCE PROGRAM.] $1,500,000 is 
 46.14  appropriated for the 2002-2003 biennium from the general fund to 
 46.15  the housing development fund for a rental housing assistance 
 46.16  program for persons with a mental illness or families with an 
 46.17  adult member with a mental illness, under Minnesota Statutes, 
 46.18  section 462A.2097.  This appropriation shall become part of the 
 46.19  base level funding for this program for the 2004-2005 biennium. 
 46.20                             ARTICLE 6 
 46.21                        HEALTH PLAN COVERAGE 
 46.22     Section 1.  [62Q.471] [EXCLUSION FOR SUICIDE ATTEMPTS 
 46.23  PROHIBITED.] 
 46.24     (a) No health plan may exclude or reduce coverage for 
 46.25  health care for an enrollee that is otherwise covered under the 
 46.26  health plan, on the basis that the need for the health care 
 46.27  arose out of a suicide or suicide attempt by the enrollee. 
 46.28     (b) For purposes of this section, "health plan" has the 
 46.29  meaning given in section 62Q.01, subdivision 3, but includes the 
 46.30  coverages described in section 62A.011, clauses (7) and (10). 
 46.31     Sec. 2.  [62Q.527] [COVERAGE OF NONFORMULARY DRUGS FOR 
 46.32  MENTAL ILLNESS AND EMOTIONAL DISTURBANCE.] 
 46.33     Subdivision 1.  [DEFINITIONS.] (a) For purposes of this 
 46.34  section, the following terms have the meanings given to them. 
 46.35     (b) "Emotional disturbance" has the meaning given in 
 46.36  section 245.4871, subdivision 15. 
 47.1      (c) "Mental illness" has the meaning given in section 
 47.2   245.462, subdivision 20, paragraph (a). 
 47.3      Subd. 2.  [REQUIRED COVERAGE.] A health plan must provide 
 47.4   coverage for a drug prescribed to treat emotional disturbance or 
 47.5   mental illness regardless of whether the drug is in the health 
 47.6   plan's drug formulary, if the health care provider prescribing 
 47.7   the drug (i) indicates to the dispensing pharmacist, orally or 
 47.8   in writing according to section 151.21, that the prescription 
 47.9   must be dispensed as communicated; and (ii) certifies in writing 
 47.10  to the health plan company that the drug prescribed will best 
 47.11  treat the patient's condition.  For drugs covered under this 
 47.12  section, no health plan may: 
 47.13     (A) impose a special deductible, copayment, coinsurance, or 
 47.14  other special payment requirement that the health plan does not 
 47.15  apply to drugs that are in the health plan's drug formulary; or 
 47.16     (B) require written certification from the prescribing 
 47.17  provider each time a prescription is refilled or renewed that 
 47.18  the drug prescribed will best treat the patient's condition. 
 47.19     Sec. 3.  [62Q.535] [COVERAGE FOR COURT-ORDERED MENTAL 
 47.20  HEALTH SERVICES.] 
 47.21     Subdivision 1.  [MENTAL HEALTH SERVICES.] For purposes of 
 47.22  this section, mental health services means all covered services 
 47.23  that are intended to treat or ameliorate an emotional, 
 47.24  behavioral, or psychiatric condition and that are covered by the 
 47.25  policy, contract, or certificate of coverage of the enrollee's 
 47.26  health plan or by law. 
 47.27     Subd. 2.  [COVERAGE REQUIRED.] All health plans that 
 47.28  provide coverage for mental health services must cover or 
 47.29  provide mental health services ordered by a court of competent 
 47.30  jurisdiction that is accompanied by a behavioral care evaluation 
 47.31  performed by a licensed psychiatrist or a doctoral level 
 47.32  licensed psychologist and includes a diagnosis and an individual 
 47.33  treatment plan.  The health plan company shall be financially 
 47.34  liable for the evaluation if performed by a participating 
 47.35  provider of the health plan and the care included in the 
 47.36  treatment plan if the care is covered under the health plan and 
 48.1   ordered to be provided by a participating provider.  This 
 48.2   coverage must not be subject to a medical necessity 
 48.3   determination by a health plan company.  
 48.4      Sec. 4.  [EFFECTIVE DATE.] 
 48.5      This article is effective January 1, 2002, and applies to 
 48.6   contracts issued or renewed on or after that date. 
 48.7                              ARTICLE 7 
 48.8                      OTHER MENTAL HEALTH ISSUES 
 48.9      Section 1.  Minnesota Statutes 2000, section 144.56, is 
 48.10  amended by adding a subdivision to read: 
 48.11     Subd. 2c.  [STAFFING RATIOS, TRAINING FOR HOSPITAL 
 48.12  INPATIENT MENTAL HEALTH UNITS.] (a) To ensure the safety of 
 48.13  patients and staff in hospitals, the commissioner of health, in 
 48.14  consultation with the commissioner of human services, shall by 
 48.15  rule establish staffing ratios of staff to patients for staff in 
 48.16  hospital units that provide acute care hospital inpatient 
 48.17  services to adults with mental illness according to section 
 48.18  245.473, or to children with severe emotional disturbance 
 48.19  according to section 245.4883.  Different ratios may be 
 48.20  established for units that serve adults and for units that serve 
 48.21  children. 
 48.22     (b) The commissioner shall by rule require all staff in 
 48.23  hospital inpatient mental health units who have contact with 
 48.24  persons with mental illness or severe emotional disturbance to 
 48.25  be appropriately trained in violence reduction and violence 
 48.26  prevention, and shall establish criteria for such training.  
 48.27  Training programs shall be developed with input from consumer 
 48.28  advocacy organizations, and shall employ violence prevention 
 48.29  techniques as preferable to physical interaction. 
 48.30     Sec. 2.  Minnesota Statutes 2000, section 245.474, 
 48.31  subdivision 2, is amended to read: 
 48.32     Subd. 2.  [QUALITY OF SERVICE.] The commissioner shall 
 48.33  biennially determine the needs of all adults with mental illness 
 48.34  who are served by regional treatment centers or at any state 
 48.35  facility or program as defined in section 246.50, subdivision 3, 
 48.36  by administering a client-based evaluation system.  The 
 49.1   client-based evaluation system must include at least the 
 49.2   following independent measurements:  behavioral development 
 49.3   assessment; habilitation program assessment; medical needs 
 49.4   assessment; maladaptive behavioral assessment; and vocational 
 49.5   behavior assessment.  The commissioner shall ~~propose~~ by rule 
 49.6   establish staff ratios ~~to the legislature~~ for the mental health 
 49.7   and support units in regional treatment centers as indicated by 
 49.8   the results of the client-based evaluation system and the types 
 49.9   of state-operated services needed.  The ~~proposed~~ staffing ratios 
 49.10  shall include professional, nursing, direct care, medical, 
 49.11  clerical, and support staff based on the client-based evaluation 
 49.12  system.  The commissioner shall recompute staffing ratios 
 49.13  and ~~recommendations~~ amend rules on staff ratios as necessary on 
 49.14  a biennial basis.  
 49.15     Sec. 3.  Minnesota Statutes 2000, section 245.474, is 
 49.16  amended by adding a subdivision to read: 
 49.17     Subd. 4.  [STAFF SAFETY TRAINING.] The commissioner shall 
 49.18  by rule require all staff in mental health and support units at 
 49.19  regional treatment centers who have contact with persons with 
 49.20  mental illness or severe emotional disturbance to be 
 49.21  appropriately trained in violence reduction and violence 
 49.22  prevention, and shall establish criteria for such training.  
 49.23  Training programs shall be developed with input from consumer 
 49.24  advocacy organizations, and shall employ violence prevention 
 49.25  techniques as preferable to physical interaction. 
 49.26     Sec. 4.  Minnesota Statutes 2000, section 256B.69, is 
 49.27  amended by adding a subdivision to read: 
 49.28     Subd. 28.  [DISENROLLMENT DUE TO DISABILITY STATUS OR 
 49.29  EXCLUDED PLACEMENT.] If a recipient is disenrolled from the 
 49.30  prepaid medical assistance program as a result of a change in 
 49.31  eligibility status due to disability or placement in an 
 49.32  institution for mental disease or other excluded placement, the 
 49.33  prepaid health plan shall remain financially liable for all 
 49.34  medical assistance services provided to the individual for a 
 49.35  period of 90 days from the date of disenrollment, if the prepaid 
 49.36  health plan would have been obligated to provide those services 
 50.1   had the individual remained enrolled in the prepaid medical 
 50.2   assistance program. 
 50.3      Sec. 5.  Minnesota Statutes 2000, section 256B.69, is 
 50.4   amended by adding a subdivision to read: 
 50.5      Subd. 29.  [INFORMATION ON BEHAVIORAL HEALTH CARE.] (a) The 
 50.6   commissioner shall develop a standard definition of behavioral 
 50.7   health care services based on claims, procedures, and encounter 
 50.8   data, and beginning January 1, 2002, for prepaid medical 
 50.9   assistance, prepaid general assistance medical care, and 
 50.10  MinnesotaCare program contracts renewed, entered into, or in 
 50.11  effect on or after that date, shall collect behavioral health 
 50.12  claims data from prepaid health plans.  For each prepaid health 
 50.13  plan, the commissioner shall calculate on a quarterly basis the 
 50.14  ratio of expenditures for behavioral health services to the 
 50.15  total capitation payment received, and shall make this 
 50.16  information available to the public upon request. 
 50.17     (b) Beginning January 1, 2002, for prepaid medical 
 50.18  assistance program contracts renewed, entered into, or in effect 
 50.19  on or after that date, the commissioner shall collect 
 50.20  information from prepaid health plans on:  (1) the number of 
 50.21  enrollees disenrolled as a result of a change in eligibility 
 50.22  status due to disability or placement in an institution for 
 50.23  mental diseases or other excluded placement; and (2) changes in 
 50.24  the health condition of the enrollee that led to the change.  
 50.25  The commissioner shall make information on each prepaid health 
 50.26  plan available to the public upon request, in a form that does 
 50.27  not identify individual enrollees. 
 50.28     Sec. 6.  [DEVELOPMENT OF PAYMENT SYSTEM FOR ADULT 
 50.29  RESIDENTIAL SERVICES GRANTS.] 
 50.30     The commissioner of human services shall review funding 
 50.31  methods for adult residential services grants under Minnesota 
 50.32  Rules, parts 9535.2000 to 9535.3000, and shall develop a payment 
 50.33  system that takes into account client difficulty of care as 
 50.34  manifested by client physical, mental, or behavioral 
 50.35  conditions.  The payment system must provide reimbursement for 
 50.36  education, consultation, and support services provided to 
 51.1   families and other individuals as an extension of the treatment 
 51.2   process.  The commissioner shall present recommendations and 
 51.3   draft legislation for an adult residential services payment 
 51.4   system to the legislature by January 15, 2002.  The 
 51.5   recommendations must address whether additional funding for 
 51.6   adult residential services grants is necessary for the provision 
 51.7   of high quality services under a payment reimbursement system. 
 51.8      Sec. 7.  [DELIVERY OF SERVICES TO INDIVIDUALS WITH DUAL 
 51.9   DIAGNOSES.] 
 51.10     The commissioner of human services shall develop plans to 
 51.11  improve the delivery of services to individuals with dual 
 51.12  diagnoses of: 
 51.13     (1) serious and persistent mental illness and chemical 
 51.14  dependency; 
 51.15     (2) serious emotional disturbance and chemical dependency; 
 51.16     (3) mental illness and developmental disability; 
 51.17     (4) mental illness and traumatic brain injury; and 
 51.18     (5) serious emotional disturbance and developmental 
 51.19  disability.  
 51.20  The plans must address the coordination and integration of 
 51.21  programs and funding sources and include recommendations for 
 51.22  modifying state grants and provider reimbursement rates based on 
 51.23  complexity of condition and the level of care needed by an 
 51.24  individual or group of individuals.  The commissioner shall 
 51.25  present the plans and any statutory changes needed to implement 
 51.26  the plans to the legislature by February 1, 2002.