A bill for an act
relating to behavioral health; modifying functional assessment requirements;
exempting children's day treatment providers from medication self-administration
requirements under certain circumstances; modifying certified mental health clinic
staffing standards; modifying intensive residential treatment services and residential
crisis stabilization weekly team meeting requirements; requiring the commissioner
of human services to establish an initial provider entity application and certification
process and recertification process for certain mental health provider types;
modifying client eligibility criteria for certain services in children's therapeutic
services and supports; removing an excluded service from children's therapeutic
services and supports medical assistance payment; modifying intensive
nonresidential rehabilitative mental health services team members to include
co-occurring disorder specialists; amending Minnesota Statutes 2022, sections
245I.10, subdivision 9; 245I.11, subdivision 1; 245I.20, subdivision 4; 245I.23,
subdivision 14; 256B.0943, subdivisions 3, 12; 256B.0947, subdivision 5; proposing
coding for new law in Minnesota Statutes, chapter 256B.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2022, section 245I.10, subdivision 9, is amended to read:


Subd. 9.

Functional assessment; required elements.

new text begin (a) new text end When a license holder is
completing a functional assessment for an adult client, the license holder must:

(1) complete a functional assessment of the client after completing the client's diagnostic
assessment;

(2) use a collaborative process that allows the client and the client's family and other
natural supports, the client's referral sources, and the client's providers to provide information
about how the client's symptoms of mental illness impact the client's functioning;

(3) if applicable, document the reasons that the license holder did not contact the client's
family and other natural supports;

(4) assess and document how the client's symptoms of mental illness impact the client's
functioning in the following areas:

(i) the client's mental health symptoms;

(ii) the client's mental health service needs;

(iii) the client's substance use;

(iv) the client's vocational and educational functioning;

(v) the client's social functioning, including the use of leisure time;

(vi) the client's interpersonal functioning, including relationships with the client's family
and other natural supports;

(vii) the client's ability to provide self-care and live independently;

(viii) the client's medical and dental health;

(ix) the client's financial assistance needs; and

(x) the client's housing and transportation needs;

deleted text begin (5) include a narrative summarizing the client's strengths, resources, and all areas of
functional impairment;
deleted text end

deleted text begin (6)deleted text end new text begin (5)new text end complete the client's functional assessment before the client's initial individual
treatment plan unless a service specifies otherwise; and

deleted text begin (7)deleted text end new text begin (6)new text end update the client's functional assessment with the client's current functioning
whenever there is a significant change in the client's functioning or at least every 180 days,
unless a service specifies otherwise.

new text begin (b) A license holder may use any available, validated measurement tool, including but
not limited to the Daily Living Activities-20, when completing the required elements of a
functional assessment under this subdivision.
new text end

Sec. 2.

Minnesota Statutes 2022, section 245I.11, subdivision 1, is amended to read:


Subdivision 1.

Generally.

If a license holder is licensed as a residential program, stores
or administers client medications, or observes clients self-administer medications, the license
holder must ensure that a staff person who is a registered nurse or licensed prescriber is
responsible for overseeing storage and administration of client medications and observing
as a client self-administers medications, including training according to section 245I.05,
subdivision 6, and documenting the occurrence according to section 245I.08, subdivision
5.new text begin A license holder providing children's day treatment services under section 256B.0943 is
exempt from the requirements of this subdivision when serving a child who habitually, as
part of the child's activities of daily life, self-administers medication under the oversight of
the child's prescriber.
new text end

Sec. 3.

Minnesota Statutes 2022, section 245I.20, subdivision 4, is amended to read:


Subd. 4.

Minimum staffing standards.

(a) A certification holder's treatment team must
consist of at least four mental health professionals. At least two of the mental health
professionals must be employed by or under contract with the mental health clinic for a
minimum of 35 hours per week each. deleted text begin Each of the two mental health professionals must
specialize in a different mental health discipline.
deleted text end

(b) The treatment team must include:

(1) a physician qualified as a mental health professional according to section 245I.04,
subdivision 2, clause (4), or a nurse qualified as a mental health professional according to
section 245I.04, subdivision 2, clause (1); and

(2) a psychologist qualified as a mental health professional according to section 245I.04,
subdivision 2, clause (3).

(c) The staff persons fulfilling the requirement in paragraph (b) must provide clinical
services at least:

(1) eight hours every two weeks if the mental health clinic has over 25.0 full-time
equivalent treatment team members;

(2) eight hours each month if the mental health clinic has 15.1 to 25.0 full-time equivalent
treatment team members;

(3) four hours each month if the mental health clinic has 5.1 to 15.0 full-time equivalent
treatment team members; or

(4) two hours each month if the mental health clinic has 2.0 to 5.0 full-time equivalent
treatment team members or only provides in-home services to clients.

(d) The certification holder must maintain a record that demonstrates compliance with
this subdivision.

Sec. 4.

Minnesota Statutes 2022, section 245I.23, subdivision 14, is amended to read:


Subd. 14.

Weekly team meetings.

(a) The license holder must hold weeklynew text begin treatmentnew text end
team meetings deleted text begin and ancillary meetingsdeleted text end according to this subdivisiondeleted text begin .deleted text end new text begin and must develop a
plan for communicating reviews of individual treatment plans and individual abuse prevention
plans to any treatment team member who is not present at the meeting but who is scheduled
to work during that calendar week. The communication plan must include:
new text end

new text begin (1) the mode or modes of communication with the treatment team member;
new text end

new text begin (2) how the treatment team member will acknowledge receipt of the communications
and affirm that the team member has reviewed and understands the information
communicated; and
new text end

new text begin (3) instructions for the treatment team member to consult with a mental health
professional or certified rehabilitation specialist if the treatment team member needs further
information.
new text end

(b) A mental health professional or certified rehabilitation specialist must deleted text begin holddeleted text end new text begin supervisenew text end
at least one team meeting each calendar week deleted text begin and be physically present at the team meetingdeleted text end .
deleted text begin All treatment team members, including treatment team members who work on a part-time
or intermittent basis, must participate in a minimum of one team meeting during each
calendar week when the treatment team member is working for the license holder
deleted text end . The
license holder must document all weekly team meetings, including the names of meeting
attendees.

deleted text begin (c) If a treatment team member cannot participate in a weekly team meeting, the treatment
team member must participate in an ancillary meeting. A mental health professional, certified
reh