A bill for an act
relating to human services; modifying children's therapeutic services and supports;
directing the commissioner of human services to develop a new Medicaid-eligible
mental health benefit for children and families; requiring a report; amending
Minnesota Statutes 2020, section 256B.0943, subdivision 8; Minnesota Statutes
2021 Supplement, section 256B.0943, subdivisions 1, 2, 3, 4, 6, 7, 9; repealing
Minnesota Statutes 2020, section 256B.0943, subdivision 8a.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2021 Supplement, section 256B.0943, subdivision 1, is
amended to read:
For purposes of this section, the following terms have the
meanings given them.
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(a) "Care consultation" means consultative activities and communications between
mental health care providers and primary care clinical care providers, families, school
support staff, and clients. Care consultation may include psychiatric consultation with
primary care practitioners and mental health clinical care consultation.
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(b) "Care coordination" means the activities required to coordinate care across settings
and providers for the people served to ensure seamless transitions across the full spectrum
of health services. Care coordination includes documenting a plan of care for medical care,
behavioral health, and social services and supports in the integrated treatment plan, assisting
with obtaining appointments, confirming that clients attend appointments, developing a
crisis plan, tracking medication, and implementing care coordination agreements with
external providers. Care coordination may include psychiatric consultation with primary
care practitioners and mental health clinical care consultation.
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deleted text begin (a)deleted text endnew text begin (c)new text end "Children's therapeutic services and supports" means the flexible package of
mental health services for children who require varying therapeutic and rehabilitative levels
of intervention to treat a diagnosed emotional disturbance, as defined in section 245.4871,
subdivision 15, or a diagnosed mental illness, as defined in section 245.462, subdivision
20. The services are time-limited interventions that are delivered using various treatment
modalities and combinations of services designed to reach treatment outcomes identified
in the individual treatment plan.
deleted text begin (b)deleted text endnew text begin (d)new text end "Clinical trainee" means a staff person who is qualified according to section
245I.04, subdivision 6.
deleted text begin (c)deleted text endnew text begin (e)new text end "Crisis planning" has the meaning given in section 245.4871, subdivision 9a.
deleted text begin (d)deleted text endnew text begin (f)new text end "Culturally competent provider" means a provider who understands and can utilize
to a client's benefit the client's culture when providing services to the client. A provider
may be culturally competent because the provider is of the same cultural or ethnic group
as the client or the provider has developed the knowledge and skills through training and
experience to provide services to culturally diverse clients.
deleted text begin (e)deleted text endnew text begin (g)new text end "Day treatment program" for children means a site-based structured mental health
program consisting of psychotherapy for three or more individuals and individual or group
skills training provided by a team, under the treatment supervision of a mental health
professional.
deleted text begin (f)deleted text endnew text begin (h)new text end "Standard diagnostic assessment" means the assessment described in 245I.10,
subdivision 6.
deleted text begin (g)deleted text endnew text begin (i)new text end "Direct service time" means the time that a mental health professional, clinical
trainee, mental health practitioner, or mental health behavioral aide spends face-to-face with
a client and the client's family or providing covered services through telehealth as defined
under section 256B.0625, subdivision 3b. Direct service time includes time in which the
provider obtains a client's history, develops a client's treatment plan, records individual
treatment outcomes, or provides service components of children's therapeutic services and
supports. Direct service time does not include time doing work before and after providing
direct services, including scheduling or maintaining clinical records.
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(h) "Direction of mental health behavioral aide" means the activities of a mental health
professional, clinical trainee, or mental health practitioner in guiding the mental health
behavioral aide in providing services to a client. The direction of a mental health behavioral
aide must be based on the client's individual treatment plan and meet the requirements in
subdivision 6, paragraph (b), clause (7).
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deleted text begin (i)deleted text endnew text begin (j)new text end "Emotional disturbance" has the meaning given in section 245.4871, subdivision
15.
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(j) "Individual behavioral plan" means a plan of intervention, treatment, and services
for a child written by a mental health professional or a clinical trainee or mental health
practitioner under the treatment supervision of a mental health professional, to guide the
work of the mental health behavioral aide. The individual behavioral plan may be
incorporated into the child's individual treatment plan so long as the behavioral plan is
separately communicable to the mental health behavioral aide.
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(k) "Individual treatment plan" means the plan described in section 245I.10, subdivisions
7 and 8.
(l) "Mental health behavioral aide services" means medically necessary one-on-one
activities performed by a mental health behavioral aide qualified according to section
245I.04, subdivision 16, to assist a child retain or generalize psychosocial skills as previously
trained by a mental health professional, clinical trainee, or mental health practitioner and
as described in the child's individual treatment plan and individual behavior plan. Activities
involve working directly with the child or child's family as provided in subdivision 9,
paragraph (b), clause (4).
(m) "Mental health certified family peer specialist" means a staff person who is qualified
according to section 245I.04, subdivision 12.
(n) "Mental health practitioner" means a staff person who is qualified according to section
245I.04, subdivision 4.
(o) "Mental health professional" means a staff person who is qualified according to
section 245I.04, subdivision 2.
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(p) "Mental health service plan development" includes:
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(1) the development, review, and revision of a child's individual treatment plan, including
involvement of the client or client's parents, primary caregiver, or other person authorized
to consent to mental health services for the client, and including arrangement of treatment
and support activities specified in the individual treatment plan; and
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(2) administering and reporting the standardized outcome measurements in section
245I.10, subdivision 6, paragraph (d), clauses (3) and (4), and other standardized outcome
measurements approved by the commissioner, as periodically needed to evaluate the
effectiveness of treatment.
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deleted text begin (q)deleted text endnew text begin (p)new text end "Mental illness," for persons at least age 18 but under age 21, has the meaning
given in section 245.462, subdivision 20, paragraph (a).
deleted text begin (r)deleted text endnew text begin (q)new text end "Psychotherapy" means the treatment described in section 256B.0671, subdivision
11.
deleted text begin (s)deleted text endnew text begin (r)new text end "Rehabilitative services" or "psychiatric rehabilitation services" means interventions
to: (1) restore a child or adolescent to an age-appropriate developmental trajectory that had
been disrupted by a psychiatric illness; or (2) enable the child to self-monitor, compensate
for, cope with, counteract, or replace psychosocial skills deficits or maladaptive skills
acquired over the course of a psychiatric illness. Psychiatric rehabilitation services for
children combine coordinated psychotherapy to address internal psychological, emotional,
and intellectual processing deficits, and skills training to restore personal and social
functioning. Psychiatric rehabilitation services establish a progressive series of goals with
each achievement building upon a prior achievement.
deleted text begin (t)deleted text endnew text begin (s)new text end "Skills training" means individual, family, or group training, delivered by or under
the supervision of a mental health professional, designed to facilitate the acquisition of
psychosocial skills that are medically necessary to rehabilitate the child to an age-appropriate
developmental trajectory heretofore disrupted by a psychiatric illness or to enable the child
to self-monitor, compensate for, cope with, counteract, or replace skills deficits or
maladaptive skills acquired over the course of a psychiatric illness. Skills training is subject
to the service delivery requirements under subdivision 9, paragraph (b), clause (2).
deleted text begin (u)deleted text endnew text begin (t)new text end "Treatment supervision" means the supervision described in section 245I.06.
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This section is effective July 1, 2022, or upon federal approval,
whichever is later. The commissioner of human services shall notify the revisor of statutes
when federal approval is obtained.
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Minnesota Statutes 2021 Supplement, section 256B.0943, subdivision 2, is amended
to read:
(a) Subject to federal approval, medical assistance covers medically necessary