256B.0946 INTENSIVE TREATMENT deleted text beginIN FOSTER CAREdeleted text endnew text begin FOR FAMILIES IN
THE COMMUNITYnew text end.

Subdivision 1.

Required covered service components.

(a) Subject to federal approval,
medical assistance covers medically necessary intensive treatment services when the services
are provided by a provider entity certified under and meeting the standards in this section.
The provider entity must make reasonable and good faith efforts to report individual client
outcomes to the commissioner, using instruments and protocols approved by the
commissioner.

(b) Intensive treatment services to children with mental illness deleted text beginresiding in foster family
settings that comprise specific required service components provided in clauses (1) to (6)deleted text end
are reimbursed by medical assistance when they meet the following standards:

(1) psychotherapy provided by a mental health professional or a clinical trainee;

(2) crisis planning;

(3) individual, family, and group psychoeducation services provided by a mental health
professional or a clinical trainee;

(4) clinical care consultation provided by a mental health professional or a clinical
trainee;

(5) individual treatment plan development as defined in Minnesota Rules, part 9505.0371,
subpart 7; and

(6) service delivery payment requirements as provided under subdivision 4.

Subd. 1a.

Definitions.

For the purposes of this section, the following terms have the
meanings given them.

(a) "Clinical care consultation" means communication from a treating clinician to other
providers working with the same client to inform, inquire, and instruct regarding the client's
symptoms, strategies for effective engagement, care and intervention needs, and treatment
expectations across service settings, including but not limited to the client's school, social
services, day care, probation, home, primary care, medication prescribers, disabilities
services, and other mental health providers and to direct and coordinate clinical service
components provided to the client and family.

(b) "Clinical trainee" means a staff person who is qualified according to section 245I.04,
subdivision 6.

(c) "Crisis planning" has the meaning given in section 245.4871, subdivision 9a.

(d) "Culturally appropriate" means providing mental health services in a manner that
incorporates the child's cultural influences into interventions as a way to maximize resiliency
factors and utilize cultural strengths and resources to promote overall wellness.

(e) "Culture" means the distinct ways of living and understanding the world that are
used by a group of people and are transmitted from one generation to another or adopted
by an individual.

(f) "Standard diagnostic assessment" means the assessment described in section 245I.10,
subdivision 6.

(g) "Family" means a person who is identified by the client or the client's parent or
guardian as being important to the client's mental health treatment. Family may include,
but is not limited to, parents, foster parents, children, spouse, committed partners, former
spouses, persons related by blood or adoption, persons who are a part of the client's
permanency plan, or persons who are presently residing together as a family unit.

deleted text begin (h) "Foster care" has the meaning given in section 260C.007, subdivision 18.
deleted text end

deleted text begin (i) "Foster family setting" means the foster home in which the license holder resides.
deleted text end

deleted text begin (j)deleted text endnew text begin (h)new text end "Individual treatment plan" means the plan described in section 245I.10,
subdivisions 7 and 8.

deleted text begin (k)deleted text endnew text begin (i)new text end "Mental health certified family peer specialist" means a staff person who is
qualified according to section 245I.04, subdivision 12.

deleted text begin (l)deleted text endnew text begin (j)new text end "Mental health professional" means a staff person who is qualified according to
section 245I.04, subdivision 2.

deleted text begin (m)deleted text endnew text begin (k)new text end "Mental illness" has the meaning given in section 245I.02, subdivision 29.

deleted text begin (n)deleted text endnew text begin (l)new text end "Parent" has the meaning given in section 260C.007, subdivision 25.

deleted text begin (o)deleted text endnew text begin (m)new text end "Psychoeducation services" means information or demonstration provided to an
individual, family, or group to explain, educate, and support the individual, family, or group
in understanding a child's symptoms of mental illness, the impact on the child's development,
and needed components of treatment and skill development so that the individual, family,
or group can help the child to prevent relapse, prevent the acquisition of comorbid disorders,
and achieve optimal mental health and long-term resilience.

deleted text begin (p)deleted text endnew text begin (n)new text end "Psychotherapy" means the treatment described in section 256B.0671, subdivision
11.

deleted text begin (q)deleted text endnew text begin (o)new text end "Team consultation and treatment planning" means the coordination of treatment
plans and consultation among providers in a group concerning the treatment needs of the
child, including disseminating the child's treatment service schedule to all members of the
service team. Team members must include all mental health professionals working with the
child, a parent, the child unless the team lead or parent deem it clinically inappropriate, and
at least two of the following: an individualized education program case manager; probation
agent; children's mental health case manager; child welfare worker, including adoption or
guardianship worker; primary care provider; foster parent; and any other member of the
child's service team.

deleted text begin (r)deleted text endnew text begin (p)new text end "Trauma" has the meaning given in section 245I.02, subdivision 38.

deleted text begin (s)deleted text endnew text begin (q)new text end "Treatment supervision" means the supervision described under section 245I.06.

Subd. 2.

Determination of client eligibility.

An eligible recipient is an individual, from
birth through age 20, who deleted text beginis currently placed in a foster home licensed under Minnesota
Rules, parts 2960.3000 to 2960.3340, or placed in a foster home licensed under the
regulations established by a federally recognized Minnesota Tribe, anddeleted text end has received: (1) a
standard diagnostic assessment within 180 days before the start of service that documents
that intensive treatment services are medically necessary deleted text beginwithin a foster family settingdeleted text end to
ameliorate identified symptoms and functional impairments; and (2) a level of care
assessment as defined in section 245I.02, subdivision 19, that demonstrates that the individual
requires intensive intervention without 24-hour medical monitoring, and a functional
assessment as defined in section 245I.02, subdivision 17. deleted text beginThe level of care assessment and
the functional assessment must include information gathered from the placing county, Tribe,
or case manager.
deleted text end

Subd. 3.

Eligible mental health services providers.

(a) Eligible providers for intensive
deleted text begin children's mental health services in a foster family settingdeleted text endnew text begin treatment for families in the
communitynew text end must be certified by the state and have a service provision contract with a county
board or a reservation tribal council and must be able to demonstrate the ability to provide
all of the services required in this section and meet the standards in chapter 245I, as required
in section 245I.011, subdivision 5.

(b) For purposes of this section, a provider agency must be:

(1) a county-operated entity certified by the state;

(2) an Indian Health Services facility operated by a tribe or tribal organization under
funding authorized by United States Code, title 25, sections 450f to 450n, or title 3 of the
Indian Self-Determination Act, Public Law 93-638, section 638 (facilities or providers); or

(3) a noncounty entity.

(c) Certified providers that do not meet the service delivery standards required in this
section shall be subject to a decertification process.

(d) For the purposes of this section, all services delivered to a client must be provided
by a mental health professional or a clinical trainee.

Subd. 4.

Service delivery payment requirements.

(a) To be eligible for payment under
this section, a provider must develop and practice written policies and procedures for
intensive treatment deleted text beginin foster caredeleted text endnew text begin for families in the communitynew text end, consistent with subdivision
1, paragraph (b), and comply with the following requirements in paragraphs (b) to (n).

(b) Each previous and current mental health, school, and physical health treatment
provider must be contacted to request documentation of treatment and assessments that the
eligible client has received. This information must be reviewed and incorporated into the
standard diagnostic assessment and team consultation and treatment planning review process.

(c) Each client receiving treatment must be assessed for a trauma history, and the client's
treatment plan must document how the results of the assessment will be incorporated into
treatment.

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