Acronyms used in this Section:

ADL Activity of Daily living
ALJ Administrative Law Judge
BI Brain Injury Waiver
CAC Community Alternative Care Waiver
CADI Community Alternatives for Disabled Individuals Waiver
CCSA Children and Community Services Act
CMS Center for Medicare and Medicaid Services
DD Developmental Disabilities Waiver
DEED Department of Employment and Economic Development
DHS Department of Human Services
FADS Family Adult Day Services
HCBS Home and Community Based Services Waivers
ICF/DD Intermediate Care Facilities for Persons with Developmental
MA Medical Assistance
MA-EPD Medical Assistance for Employed Persons with Disabilities
MDH Minnesota Department of Health
MNCare MinnesotaCare
NEMT Non-Emergency Medical Transportation
OT Occupational Therapy
PT Physical Therapy
PCA Personal Care Assistance
SNBC Special Needs Basic Care

I. COMMUNITY SERVICE CHANGES

A. Adult Mental Health Grants
First Special Session, Chapter 9, Article 10, Section 3, subd. 4(1) (HF 25)
Effective July 1, 2011

Reduces by $13.5 million adult mental health grants used for: (1) community support programs; (2) services for those without health coverage; and (3) crisis and drop-in centers.

B. Children and Community Services Act Grants (CCSA)
First Special Session, Chapter 9, Article 1, Sections 20 - 30; and Article 10, Section 3 (HF 25)
Amends Minn. Stat. §§ 256M.01; 256B.10, subd. 2; 256M.20, subds. 1 - 3; 256M.30; § 256M.40; 256M.50; 256M.60, subd. 1; 256M.70, subd. 2; and 256M.80
Repeals Minn. Stat. §§ 256M.10, subd. 5; 256M.60, subd. 2; and 256M.70, subd. 1
Effective July 1, 2011

Renames the Children and Community Services Act the Vulnerable Children and Adults Act and limits the use of funds. Limits funded services to vulnerable children in child protection or the subject of maltreatment, and adults who are subjects of maltreatment who experience dependency, abuse or neglect. Permits supportive family services to be funded, but eliminates eligibility for funding for services based upon poverty, chronic health conditions, ethnicity or race that can result in poor outcomes or disparities. Removes provisions that prioritize case management for persons with developmental disabilities, children with serious emotional disturbance, and adults with serious and persistent mental illnesses. Changes funding formula annually through 2016 and reduces funding for the biennium by $22 million. (Note: For a more detailed summary, see discussion of Children and Community Services Act Grants in the Juvenile Law section below.)

C. Congregate Living Rate Reduction for Lower Need Residents
First Special Session, Chapter 9, Article 10, Section 3, Subdivisions 3(g) and 4(k) (HF 25)
Rider Language
Effective October 1, 2011

Reduces rates by 10% from October 1, 2011 through June 30, 2015 for an estimated 3,600 DD and CADI Waiver recipients living in staffed foster homes or customized living settings who have been determined by DHS to be "low need." Requires the lead agencies to adjust the contracts with the foster home providers within 60 days of the effective date. Cuts: (1) $13.8 million for 2012-2013; and (2) $16.5 million for 2014-2015 in state MA funds. Appropriates: (1) $250,000 per year for local planning grants to support alternative services, training, and assistance for person-centered planning activity; and (2) $950,000 for related administrative costs.

D. DD Waiver Acuity Payment
First Special Session, Chapter 9, Article 10, Section 11, Subdivision 6(c) (HF 25)
Amends Laws 2010, First Special Session, Chapter1, Article 15, Section 3, Subdivision 6
Effective July 1, 2011

Eliminates the January 1, 2010, DD Waiver 1% acuity growth factor payments under Minnesota Statutes 256B.092, subdivisions 4 and 5 for one year. Saves $8.9 million in state funds and twice that amount in total funding for the DD Waiver for the biennium, due to the loss of federal Medicaid matching funds.

E. Disability Linkage Line
First Special Session, Chapter 9, Article 7, Section 2; and Article 10, Subdivision 4(k) (HF 25)
Amends Minn. Stat. § 256.01, subd. 24; and Rider Language
Effective July 1, 2011

Adds duties to the Disability Linkage Line, including: (1) informing people of their long-term community services and supports options; and (2) providing necessary resources and supports to increase employment and to provide technical assistance for the DHS web-based tool, Minnesota's Disability Benefits 101. Provides additional funding for the Disability Linkage Line related to the enrollment into managed care plans for persons with disabilities.

F. Family Adult Day Service (FADS) Modification
First Special Session, Chapter 9, Article 4, Sections 6, 7, and 9 (HF 25)
Amends Minn. Stat. §§ 245A.11, subd. 2b; 245A.143, subd. 1; and 256B.49, subd. 16a.
Effective July 1, 2011 (Medicaid payment requires federal approval)

Expands those who can be served by FADS from those 55 or over (excluding persons with serious and persistent mental illnesses or developmental disabilities) to working age adults 18 to 55 (including adults with severe and persistent mental illness or developmental disabilities). Allows a licensed adult foster home to also provide adult day services under one combined license, for up to eight persons. Changes the FADS license to include the expanded definition of adult day care services and removes certain licensing requirements. Requires DHS to seek a waiver amendment for Medicaid reimbursement of FADS under all disability waivers which must be approved before FADS can qualify for Medicaid reimbursement.

G. Family Member PCA Rates
First Special Session, Chapter 9, Article 7, Sections 10 and 11 (HF 25)
Amends Minn. Stat. § 256B.0659, subds. 11 and 28
Effective October 1, 2011

Cuts the PCA rate paid to providers for non-legally responsible family members by 20%, which translates into an estimated savings of approximately$24 million in state funds for the biennium. Affects the following family members: (1) parent or adoptive parent of an adult; (2) sibling 16 or older; (3) adult child; (4) grandparent; and (5) grandchild. Provides for the imposition of a fine on provider agencies of up to $500 for failure to consistently comply with the PCA provider agency documentation requirements in Minnesota Statutes § 256B.0659, subdivision 28, including documenting those PCAs who are subject to the 20% rate cut.

H. Home and Community-Based Services (HCBS) Waivers for Persons with Disabilities (CAC, CADI, DD, and BI)
First Special Session, Chapter 9, Article 10, Section 3, Subd. 2(c) (HF 25)
Rider Language
Effective July 1, 2011

1. Limits on HCBS Waivers and Caseload Increases
Limits HCBS waivers, caseload increases to:

• CADI: 60 per month (720/yr) until June 30, 2013, then 85 per month (1,020/yr) until June 30, 2015.

• DD: 6 per month (72/yr) until June 30, 2013, then 15 per month (180/yr) until June 30, 2015.

• CAC and BI: There are no caseload limits.

2. Certain Conversions Not Limited
Does not limit conversions from ICF/DD (for the DD Waiver) or conversions from the closure or downsizing of a nursing facility (for the CADI and BI Waiver).

3. Funding Cut
Cuts $67 million in state funding from the forecasted need for home and community waivers for the next biennium and appropriates $19 million to fund nursing homes and increased home care due to increasing waiting lists.

I. Housing Access Service Grants
First Special Session, Chapter 9, Article 10, Section 3, Subdivision 4(k) (HF 25)
Rider Language
Effective July 1, 2011

Appropriates $161,000 for state fiscal year 2012 for housing access services to assist individuals to relocate from adult foster homes to more independent community living settings. Includes assistance with: (1) completion of rental application; (2) publicly-financed housing options; (3) development of household budgets; (4) finding affordable furnishings and related household matters.

J. ICF/DD Rate Increase for Pine Ridge Facility in Clearwater County
First Special Session, Chapter 9, Article 7, Sections 42 and 43 (HF 25)
Adds Minn. Stat. § 256B.5012, subds. 9 and 10
Effective July 1, 2011

Provides the Pine Ridge ICF/DD facility a rate increase and reduces all other ICF/DD facilities to cover the cost of the rate increase.

K. License Capacity for Corporate Adult Foster Care
First Special Session, Chapter 9, Article 7, Sections 1, 13, 40, and 41; and Article 10, Section 3 (HF 25)
Amends Minn. Stat. § 245A.03, subd. 7
Adds Minn. Stat. § 256B.49, subd. 15(f) and Rider Language
Effective July 1, 2011

Reduces the license capacity for adult foster care homes that are not the primary residence of the license holder when a recipient of CADI or BI waiver services chooses to move from a licensed adult foster care home to a more independent community-living setting. Defines community-living setting. Provides housing access grants to agencies which will assist individuals who relocate from an adult foster care home with completion of rental applications or lease agreements, development of household budget, assistance with publicly financed housing options and assistance with funding affordable household furnishings and related household matters. Saves $1.3 million and is estimated to affect about 128 licensed beds.

L. Licensing Fees Charge for Background Studies
First Special Session, Chapter 9, Article 4, Section 8 (HF 25)
Amends Minn. Stat. § 245C.10
Effective July 1, 2011

Charges 4,000 licensed programs a $20 fee for each background study, saving $2 million for biennium and resulting in a loss of $700,000 in federal matching revenue.

M. Long-Term and Community Support Providers Rates and Grants
First Special Session, Chapter 9, Article 7, Section 44, 45 and 51 (HF 25)
Uncodified Language
Effective July 1, 2011, implemented September 1, 2011

Cuts provider rates 1.5% for 2012 - 2013 and 1% for 2014 - 2015, including (1) all long-term care providers except for nursing facilities, including (1) 11 5 HCBS waivers (EW, BI, CAC, CADI, DD); 2) aging and adult services grants; and 3) consumer and family support, and other disability grants. Reduces day training and habilitation rates by 1% instead of 1.5% beginning FY 2012. Provides that implementation will begin on September 1, 2011 and will be prospective only.

N. MA Reform Waiver
First Special Session, Chapter 7, Sections 53 and 54(HF 20)
Uncodified language
Effective July 1, 2011

Requires DHS to apply for 11 separate federal waivers affecting all Medicaid populations. Includes reform of home and community-based services to realign funding and supports for persons with disabilities and older Minnesotans to assure community integration and sustainability of the service system. Seeks better outcomes, including improved health, increased employment, reduced reliance on institutional care and community housing.

O. Mental Health, Disability, Children's Mental Health and Child Protection Grants
First Special Session, Chapter 9, Article 10, Section 3, Subdivision 4(k)(l)(m) (HF 25)
Effective July 1, 2011

Reduces four grants by $3.3 million instead of by $14 million as originally adopted by the Legislature in the vetoed Health and Human Services Omnibus Bill. Includes a one-time biennial reduction of $500,000 for Technology Grants for group homes.

P. Money Follows the Person
First Special Session, Chapter 9, Article 7, Section 4 (HF 25)
Amends Minn. Stat. § 256B.04
Effective July 1, 2011

Establishes a special revenue fund account for the federal Money Follows the Person grant funds awarded to DHS to improve community services and reduce institutional stays.

Q. Nursing Facility Level of Care Changes
First Special Session, Chapter 9, Article 7, Sections 12, 15, 16, 21, 38, 39, 46, 47, 48, 52 and 54; and Article 10, Section 4(i) (Essential Community Support Grant delay rider) (HF 25)
Amends Laws 2009, Chapter 79, Article 8, Section 4, as amended by Laws 2010, First Special Session, Chapter 1, Article 24, Section 12 and Rider Language
Effective July 1, 2011

Delays implementation of more stringent nursing facility level of care qualifying criteria because of federal health care reform requirements, but requires DHS to apply for a federal waiver from the CMS to implement the nursing facility level of care criteria on July 1, 2012 (which is18 months earlier than currently permitted under federal law). Provides that if this waiver is not granted, an additional rate cut of 1.67% will take effect for long-term care providers, except nursing facilities, effective from July 1, 2012 to December 31, 2013.

R. Personal Care Assistance (PCA) Eligibility
First Special Session, Chapter 9, Article 7, Section 8 (HF 25)
Amends Minn. Stat. §§ 256B.0625, subd. 19a; and 256B .0652, subd. 6
Effective July 1, 2011

Restricts PCA services for individuals with one dependency in an ADL and/or Level 1 behavior to no more than 30 minutes of assistance per day. Restores eligibility for PCA services for about 3,540 children and adults who, without this change, would have been terminated from PCA services on July 1, 2011 under cuts adopted in 2009. Approves use of about $8 million set aside for this purpose in 2009.

S. Remembering with Dignity
First Special Session, Chapter 12, Section 15 subd. 5 (HF 23)
Rider Language
Effective July 1, 2011

Appropriates $300,000 for grave markers or memorial monuments on public laws to mark unmarked graves of deceased residents of state regional treatment centers.

T. Restructure Licensing Fees
First Special Session, Chapter 9, Article 4, Sections 3, 4, and 5 (HF 25)
Amends Minn. Stat. § 245A.10, subd. 4
Adds Minn. Stat. § 245A.10, subds. 7 and 8
Effective July 1, 2011

Moves DHS Licensing Division costs to a fee-based model which results in license fee increases for over 4,000 licensed providers and a loss of $630,000 in federal matching funds. Saves the state $1.17 million for the biennium.

U. State-Operated Mental Health Housing and Supports
First Special Session, Chapter 9, Article 10, Section 3, Subdivision 5 (HF 25)
Rider Language
Effective July 1, 2011

Appropriates $1.5 million from the State Operated Services account for housing and other supports for persons with mental illness and other complex conditions.

V. Statewide Quality Assurance
First Special Session, Chapter 9, Article 7, Section 23; and Article 10, Section 3 (Region 10 Rider) (HF 25)
Adds Minn. Stat. § 256B.0961 and Rider Language
Effective July 1, 2011 except that the jurisdictions of the regional quality councils must be defined, with implementation dates, by July 1, 2012

• Requires the establishment of a State Quality Council with members appointed by DHS.

• Authorizes DHS to delegate authority to perform certain licensing functions to a host county in Region 10.

• Allows DHS to conduct random licensing inspections based on outcomes at facilities, programs and services eligible under this section.

• Directs DHS to: (1) ensure that federal home- and community-based waiver requirements are met; and (2) seek a federal waiver by July 1, 2012, to allow ICFs/DD to participate in this system.

• Requires the jurisdictions of the regional quality councils to be defined by July 1, 2012.

• Continues implementation of the alternative licensure system during the 2012-2013 biennium by the Quality Assurance Commission.

• Appropriates $330,000 for the biennium for the state commission and Region 10.

II. COMMUNITY SERVICES POLICY CHANGES

A. Assessment, Reassessment, Individualized Service Plan, Comprehensive Transitional Service, and Plan Maintenance Service
First Special Session, Chapter 9, Article 7, Sections 39 and 40 (HF 25)
Amends Minn. Stat. § 256B.49, subds. 14 and 15
Effective July 1, 2013, except subd. 15(f) is effective July 1, 2011

Specifies new assessment and reassessment provisions for newly required transition and maintenance plans for those using the CADI and BI Waivers. Appropriates $330,000 to DHS for the biennium.

B. Community Living Settings
First Special Session, Chapter 9, Article 7, Section 41(HF 25)
Add Minn. Stat. § 256B.49, subd. 23
Effective July 1, 2011

Defines community living setting as a single-family home or apartment which the service recipient or family owns or rents and controls. Requires community living settings to comply with nine addition criteria.

III. HEALTH CARE CHANGES

A. Care Coordination for Children with High Cost Mental Health Condition
First Special Session, Chapter 9, Article 6, Section 89 (HF 25)
Effective July 21, 2011

Appropriates funds to coordinate care for MA and MNCare enrollees who are children with high-cost mental health conditions whose mental health expenses over the past year totaled $100,000 or more. Requires of submission of plan to the Legislature by January 15, 2012.

B. Changes to Physical Therapy (PT), Occupational Therapy (OT), Speech Therapy Services Coverage and Prior Authorization Process
First Special Session, Chapter 9, Article 6, Sections 29, 30, 31, and 91 (HF 25)
Amends Minn. Stat. § 256B.0625, subds. 8(a), 8a(a), and 8b(a)
Various Effective Dates

1. Specialized Maintenance Therapy for Adults Terminated
Eliminates the category of specialized maintenance therapy for PT, OT, and speech-language therapy.
Effective January 1, 2012

2. DHS Evaluation of Specialized Maintenance Therapy
Requires DHS to evaluate whether specialized maintenance therapy improves quality of care and reduces hospitalization rates for those with serious and persistent mental illness and report to the Legislature by December 15, 2011.
Effective July 21, 2012

3. Authorization for All Outpatient Rehabilitation Services Required
Removes one-time service limits for PT, OT and Speech and Language Therapy and requires authorization for all episodes of care.
Effective March 1, 2012

C. Critical Access Dentistry
First Special Session, Chapter 9, Article 6, Section 68 (HF 25)
Amends Minn. Stat. § 256B.76, subd. 4
Effective September 1, 2011.

Reduces MNCare payment rates to critical access dental providers to the MA rate of 30% above the rate that would otherwise be paid. Limits clinics to those owned and operated by the University of Minnesota or the Minnesota State Colleges and University system. Results in $6.1 million biennial spending reduction for critical access dentistry.

D. Dental Reimbursement
First Special Session, Chapter 9, Article 6, Section 68 (HF 25)
Amends Minn. Stat. § 256B.76, subd. 4
Effective September 1, 2011 through June 30, 2013

Reduces payment rates for dental services by 3%.

E. Fee-for-Service Basic Care Rate Reductions
First Special Session, Chapter 9, Article 6, Section 69 (HF 25)
Amends Minn. Stat. § 256B.766
Effective September 1, 2011 through June 30, 2013

• Reduces outpatient hospital facility fees by 5%.

• Reduces by 3%: (1) ambulatory surgery centers facility fees; (2) medical supplies; (3) durable medical supplies; (4) prosthetics and orthotics; (5) renal dialysis services; (6) laboratory services; (7) public health nursing services; (8) physical therapy services; (9) occupational therapy services; (10) speech therapy services; (11) eyeglasses; (12) hearing aids; (13) anesthesia services; and (14) hospital services.

F. MA-EPD Premium and Out-of-Pocket Increases for the Next Biennium
First Special Session, Chapter 9, Article 7, Section 7 (HF 25)
Amends Minn. Stat. § 256B.057, subd. 9
Effective January 1, 2014 for adults age 21 or older and October 1, 2019 for children age 16 to 21

Increases fees for MA-EPD participants totaling over $8 million for the 2014-2015 biennium. Increases minimum premiums from $35 per month to $65 and the unearned income cost share obligation from ½% to 5%, averaging more than $750 per year per person when fully implemented. Provides that the increases cannot be implemented for adults until 2014 due to the Affordable Care Act maintenance of effort.

G. MA Non-Emergency Medical Transportation (NEMT, Special and Access Transportation) Rates
First Special Session, Chapter 9, Article 6, Section 37; and Article 3, Section 6 (HF 25)
Amends Minn. Stat. § 256B.0625, subd. 17
Effective September 1, 2011 for fee-for-service and January 1, 2012 for managed care

Reduces rates for MA transportation services (including special transportation and access to transportation services) by 4.5%, resulting in a cut of $4.160 million in state funds for the biennium. Affects all populations using MA or MNCare. Requires a report to the relevant legislative chairs on proposed changes for NEMT by January 15, 2012.

H. MA and MNCare Cost Sharing Increase
First Special Session, Chapter 9, Article 6, Section 49 (HF 25)
Amends Minn. Stat. § 256B.0631, subd. 1
Effective for services provided on or after September 1, 2011

Increases co-payments for MA-eligible adults who are not institutionalized and not pregnant. Reinstates co-payments of: (1) $3 for non-preventive visits, excluding mental health; (2) $3 for eyeglasses; and (3) $12 for prescription drugs.

I. Mandatory Managed Care for Persons with Disabilities Eligible for Medical Assistance, with Opt-Out
First Special Session, Chapter 9, Article 6, Section 64 (HF 25)
Amends Minn. Stat. § 256B.69, subd. 28
Effective January 1, 2012

Enrolls all children and adults with disabilities in managed care plans SNBC product unless the individual chooses to opt-out of managed care and remain in fee-for-service MA. Allows enrollees opt out of SNBC managed care at any time effective the first of the following month. Saves $27 million in state funds for
FY 2012 - 2013. Savings attributed to cost shifts of capitation payments for two months into the next biennium and rate reductions already in effect prior to 2011.

J. Medical Supplies and Equipment
First Special Session, Chapter 9, Article 6, Section 42 (HF 25)
Amends Minn. Stat. § 256B.0625, subd. 31
Effective July 21, 2011

Authorizes DHS to set rates for specified categories of medical supplies at levels below the Medicare payment rate for vendors and requires MA vendors to be enrolled Medicare vendors with some exceptions for special circumstances. Defines durable medical equipment.

K. Medication Therapy Management Services
First Special Session, Chapter 9, Article 6, Section 36 (HF 25)
Amends Minn. Stat. § 256B.0625, subd. 13h
Effective September 1, 2011 or upon federal approval, whichever is later

Expands eligibility for coverage to people: (1) taking three or more prescriptions with one or more chronic conditions; and (2) with a drug therapy problem that is identified by a pharmacist and approved by DHS. Expands the definition of home setting to include long-term care settings, group homes, and assisted living facilities.

L. Modification of Communication Device Pricing
First Special Session, Chapter 9, Article 6, Section 43 (HF 25)
Amends Minn. Stat. § 256B.0625, subd. 31a
Effective September 1, 2011

Requires augmentative and alternate communication systems to be paid at the lower of: (1) the submitted charge; or (2) the manufacturer's suggested retail price minus 20% for providers that are manufacturers, or the manufacturer's invoice charge plus 20 % for providers that are not manufacturers.

M. Non-Covered Services Recipients Flexibility
First Special Session, Chapter 9, Article 6, Section 44 (HF 25)
Amends Minn. Stat. § 256B.0625, subd. 55
Effective September 1, 2011

Allows providers to seek payment from recipients for services not eligible for payment under the MA program. Requires providers to disclose information and recipient to sign acknowledgement and sets limits and conditions.

N. Provider Payments for Persons Who are Eligible for Both MA and Medicare (Cross-over Claims)
First Special Session, Chapter 9, Article 6, Section 46 (HF 25)
Adds Minn. Stat. § 256B.0625, subd. 57
Effective January 1, 2012

Limits MA payment to health care providers for Medicare crossover claims to the MA allowable rate. Excludes mental health services except psychiatrists and advance practice nurses and dialysis for end stage renal disease.

O. Third Party Liability Processes
First Special Session, Chapter 9, Article 6, Section 41 (HF 25)
Amends Minn. Stat. § 256B.0625, subd. 25b
Effective September 1, 2011

Requires MA health care providers to request authorization from a recipient's private coverage or Medicare before requesting authorization for MA to pay for a covered service.

IV. JOBS AND ECONOMIC DEVELOPMENT

A. Advocating Change Together Funding
First Special Session, Chapter 4, Article 1, Section 3, Subdivision 2(m)
Rider Language
Effective July 1, 2011

Provides one-time appropriation for Advocating Change Together of $135,000 for training, technical assistance and resource materials for persons with developmental and mental illness disabilities.

B. Center for Independent Living Services
First Special Session, Chapter 4, Article 1, Section 3, Subdivision 3(d)
Rider Language
Effective July 1, 2011

Continues funding for Centers for Independent Living under Minn. Stat. § 268A.11 at the same level.

C. Extended Employment
First Special Session, Chapter 4, Article 1, Section 3, Subdivision 3
Rider Language
Effective July 1, 2011

Reduces funding for the regular extended Employment Program by $320,000 for the biennium but funds the Extended Employment for services for persons with serious and persistent mental illness at the previous level. Provides one-time funding for various programs for persons with disabilities, including deaf and hard of hearing and programs for youth with disabilities, at a reduced level. Requires DEED to with the Governor's Work Force Development Council to establish a competitive grant program for workforce development programs.

D. Vocational Rehabilitation Funding
First Special Section, Chapter 4, Article 1, Section 3, Subdivision 3(b)
Rider Language
Effective July 1, 2011

Increases funding for vocational rehabilitation services in order to obtain available, favorable federal matching funds.

V. MENTAL HEALTH POLICY CHANGES

A. Civil Commitment Review
Regular Session, Chapter 102, Article 6, Section 1 (SF 1287)
Uncodified Language
Effective May 28, 2011

Requires DHS, in consultation with the Revisor's Office, to review civil commitment laws and propose legislation to separate commitment of individuals as sexual psychopathic personalities or sexually dangerous persons from other forms of civil commitment for the 2012 legislative session.

B. Community Behavioral Health Hospitals
First Special Session, Chapter 9, Article 8, Section 8 (HF 25)
Uncodified Language
Effective July 1, 2011

Requires DHS to report to the Legislature on possible uses for community behavioral health hospitals to meet the mental health needs of their regions. Directs DHS to consult with regional planning work groups for adult mental health and include those recommendations in the report. Specifies the issues which must be addressed, which include behavioral health hospitals which have not been Medicaid certified, or have less than 65% occupancy.

C. Diagnostic Assessments
Regular Session, Chapter 86 (SF 1285)
Amends Minn. Stat. § 245.467, subd. 2
Effective August 1, 2011
Establishes timelines for providers to complete adult diagnostic assessments and face-to-face updates of adult diagnostic assessments if a full assessment has been completed within three (3) years of admission to a hospital, residential treatment setting or out-patient services.

D. Integrated Dual Diagnoses Treatment
First Special session, Chapter 9, Article 8, Section 9 (HF 25)
Uncodified Language
Effective July 1, 2011

Authorizes DHS to require chemical dependency and mental health assessors to use specified screening tools to identify co-occurring mental health or chemical dependency disorders beginning December 31, 2011. Directs DHS to adopt rules (to be effective July 1, 2013) to establish an integrated dual-disorder treatment provider certification process. Requires application for any necessary federal waivers to obtain federal financial participation for integrated dual diagnosis treatment for persons with co-occurring disorders.

E. Intensive Rehabilitative Mental Health Services
Regular Session, Chapter 86 (SF 1285)
Amends Minn. Stat. § 256B.0947
Effective November 1, 2011 and subject to federal approval

Establishes specific intensive non-residential rehabilitative adult mental health services for youth, age 16 - 21, called "Youth ACT Team."

F. Licensed Foster Care
Regular Session, Chapter 86 (SF 1285)
Amends Minn. Stat. § 245A.03, subd. 7
Effective August 1, 2011

Adds an exception to the licensed foster care moratorium for restructuring state operated services.

G. Mental Health Screening for Children in Child Protection and Juvenile Justice Systems
Regular Session, Chapter 86 (SF 1285)
Amends Minn. Stat. § 245.4874, subd. 1
Effective August 1, 2011

Requires parental notification about a potential mental health screening and the option to refuse for children in child protection or out-of-home placement unless parental rights have been terminated. Requires parental consent, or guardian consent for a mental health screening for a child involved with the juvenile justice system unless court ordered based on the child's best interest.

H. Mental Health Services Ratesetting
Regular Session, Chapter 86 (SF 1285)
Amends Minn. Stat. § 256B.0622, subd. 8
Effective August 1, 2011

Requires DHS to establish statewide rates for residential and non-residential mental health services.

VI. PROTECTION LAWS

A. Vulnerable Adults
Regular Session, Chapter 28 (HF 447)
Amends Minn. Stat. §§ 243.166, subd. 1b; 256.021; 626.557, subd. 9c(g); 626.5571, subd. 1; and 626.5572, subd. 13 (among others)
Adds Minn. Stat. §§ 256.045, subd. 4(d); 609.2231, subd. 8; and 626.557, subd. 21
Repeals Minn. Stat. § 609.224, subd. 2(c)
Various Effective Dates

1. Adult Protection Team
Adds representatives from local tribal governments to the multidisciplinary adult protection team counties are statutorily authorized to establish.
Amends Minn. Stat. § 626.5571, subd. 1
Effective August 1, 2011

2 Criminal Penalty
Makes any person who assaults and inflicts demonstrable bodily harm on anyone the person knows or has reason to know is a vulnerable adult guilty of a gross misdemeanor and assault in the fourth degree. (Previously, only caregivers who assaulted a vulnerable adult were guilty of assault in the fifth degree and subject to a specified criminal penalty.)
Adds Minn. Stat. § 609.2231, subd. 8
Repeals Minn. Stat. § 609.224, subd. 2
Effective August 1, 2011, and applies to crimes committed on or after that date.

3. Data Practices
Adds data of the review panel received (as well as created) as part of a review as private data on individuals under Minn. Stat. § 13.02.
Amends Minn. Stat. § 256.021, subd. 4
Effective August 1, 2011

4. Lead Agency Definition

a. Name Change
Changes "lead agency" to "lead investigative agency," applicable throughout the chapter.
Amends Minn. Stat. § 626.5572, subd. 13(a)
Effective August 1, 2011

b. Added Entities to Minnesota Department of Health Oversight
Adds the following entities to those over which MDH is designated lead investigative agency: (1) hospice providers; and (2) any other facility or service licensed or required to be licensed by MDH for the care of vulnerable adults. Deletes "residential care homes" from list.
Amends Minn. Stat. § 626.5572, subd. 13(a)
Effective August 1, 2011

5. Expanded Definition of "Home Care Provider"
Defines "home care provider" to apply when care or services are delivered in the vulnerable adult's home, whether a private home or housing with services establishment, including those that offer assisted living services.
Amends Minn. Stat. § 626.5572, subd. 13(a)
Effective August 1, 2011

6. Added Entities to Department of Human Services Oversight
Adds the following entities to those over which DHS is designated lead investigative agency: (1) family adult day services; (2) mental health clinics; (3) dependency programs; (4) the Minnesota sex offender program; and (5) any other facility or service licensed or required to be licensed by DHS.
Amends Minn. Stat. § 626.5572, subd. 13(b)
Effective August 1, 2011

7. County Social Services Agencies
Expands the authority of county social service agencies as lead investigative agency to any personal care provider organization, rather than just unlicensed personal care provider organizations.
Amends Minn. Stat. § 626.5572, subd. 13(c)
Effective August 1, 2011

8. Maltreatment Review Panel and Lead Investigative Agency Procedures
Modifies the procedures applicable to the Vulnerable Adult Maltreatment Review Panel and lead agency decision making process.

a. Review Panel Procedures
Requires that that the review panel include in its recommendations made to the lead agency: (1) the factors on which the recommendations are based; and (2) the disputed (i) facts, (ii) application of maltreatment definitions, (iii) application of responsibility for maltreatment, and (iv) weighing of evidence.
Amends Minn. Stat. § 256.021, subd. 2(b)
Effective August 1, 2011

b. Lead Investigative Agency Procedures
Requires the lead investigative agency to: (1) communicate the decision in writing to the vulnerable adult or interested person acting on behalf of the vulnerable adult who requested the review; and (2) include the specific rationale for its decision.
Amends Minn. Stat. § 256.021, subd. 2(c)
Effective August 1, 2011

9. Notice and Conduct of Administrative Maltreatment Hearings

a. Notice
Requires DHS referees to, by certified mail, notify the vulnerable adult - and if known, the guardian or health care agent designated in the health care directive - of the hearing, provided the referee is reasonably able to determine the addresses of the parties entitled to notice. Requires the notification to include information on the right to file a signed written statement in the proceedings within five days of the commencement of the hearing. Provides that the statement becomes part of the record and requires it to be considered by the referee in making the determination.
Adds Minn. Stat. § 256.045, subd. 4(d)
Effective August 1, 2011

b. Conduct of Administrative Hearing
Requires the lead investigative agency to consider including the vulnerable adult victim of maltreatment as a witness, but also requires the agency to inform the referee if the agency determines that participation would endanger the well-being or not be in the best interests of the vulnerable adult.
Adds Minn. Stat. § 256.045, subd. 4(d)
Effective August 1, 2011

10. Notice and Conduct of Contested Case Hearings

a. Notice
Requires an ALJ to, by certified mail, notify the vulnerable adult - and if known, the guardian or health care agent designated in the health care directive - of the contested case hearing. Requires the notification to include information on the right to file a signed written statement in the proceedings within five days of the commencement of the hearing. Provides that the statement becomes part of the record and requires it to be considered by the ALJ in deciding the appeal.
Adds Minn. Stat. § 626.557, subd. 21
Effective August 1, 2011

b. Conduct of Hearing
Requires the lead investigative agency to consider including the vulnerable adult victim of maltreatment as a witness in the hearing, unless the agency determines that participation in the hearing would endanger the well-being of the vulnerable adult or not be in the best interests of the vulnerable adult, in which case that determination must become part of the final order.
Adds Minn. Stat. § 626.557, subd. 21
Effective August 1, 2011

11. Notification of Change in Final Disposition
Requires the lead investigative agency to notify the following persons if a final disposition is changed as a result of a reconsideration, review, hearing, or appeal: (1) the vulnerable adult, or the vulnerable adult's guardian or health care agent, if known (unless the lead investigative agency knows that the notification would endanger the well-being of the vulnerable adult); (2) the reporter, if the reporter requested notification when making the report, provided this notification would not endanger the well-being of the vulnerable adult; (3) the alleged perpetrator, if known; (4) the facility; and (5) the ombudsman for long-term care, or the ombudsman for mental health and developmental disabilities, as appropriate.
Amends Minn. Stat. § 626.557, subd. 9c(g)
Effective August 1, 2011

12. Registration as Predatory Offender
Requires any person convicted of the person aiding, abetting, or conspiring to commit or committing criminal abuse by engaging in sexual contact or penetration (as prohibited under Minn. Stat. § 609.2325, subd. 1(b)) to register as a predatory offender.
Amends Minn. Stat. § 243.166, subd. 1b
Effective August 1, 2011, and applies to all crimes committed after that date.

VII. SPECIAL EDUCATION

A. Definition of Child with a Disability
First Special Session, Chapter 11, Article 3, Section 1 (HF 26)
Amends Minn. Stat. § 125A.02, subd. 1
Effective July 1, 2011

Aligns definition of child with a disability in state law with federal terminology.

B. Prone Restraints
First Special Session, Chapter 11, Article 3, Section 2 (HF 26)
Amends Minn. Stat. § 125A.0942, subd. 3
Effective July 1, 2011

Allows - until August 1, 2012 - school districts to use prone restraints under limited circumstances with staff training required, and requires a report to the Department of Education within five days. Requires the Department of Education report to the Legislature by February 1, 2012 on the use of prone restraints in schools.

C. School Aid Payment Shift
First Special Session, Chapter 11, Article 1, Section 3 (HF 26)
Uncodified Language
Effective July 1, 2011

Shifts state payments to school districts into future years delaying payments of $2.1 billion for the current biennium.

D. Special Education Funding
First Special Session, Chapter 11, Article 3, Section 11 (HF 26)
Uncodified Language
Effective July 1, 2011

Retains 4.6% annual growth factor for special education and other funding.

E. Trial Placement for Minnesota Academy for the Deaf and Minnesota Academy for The Blind
First Special Session, Chapter 11, Article 3, Section 10 (HF 26)
Amends Minn. Stat. § 125A.69, subd. 1
Effective July 1, 2011

Allows parents to agree to a 60- to 90-day trial placement for a child at the Minnesota Academy For The Deaf and Minnesota Academy For The Blind.

VIII. TASK FORCES, ADVISORY COMMITTEES, REPORTS

A. Autism Task Force
First Special Session, Chapter 9, Article 6, Section 95 (HF 25)
Uncodified Language
Effective July 21, 2011 and expires June 30, 2015

Continues Autism Task Force by requiring appointment of 19 members by September 1, 2011. Establishes duties and requires a report to the Legislature by January 15, 2013 with updates on progress of implementation of strategic plan by January 15, 2014 and 2015. Expires June 30, 2015.

B. Changes to Non-Emergency Medical Transportation to be Developed by DHS
First Special Session, Chapter 9, Article 3, Section 6 (HF 25)
Uncodified Language
Effective July21, 2011

Requires DHS to develop a proposal to consolidate the administration fee for service non-emergency medical transportation in order to standardize eligibility determinations, scheduling, billing, data collection and oversight to improve accountability and quality. Specifies that use of public transportation by those who do not have a physical, mental or other impairment which prohibits safe use of public transportation must be maximized. Requires draft legislation to be submitted to legislative chairs by January 15, 2012.

C. Specialized Maintenance Therapy
First Special Session, Chapter 9, Article 6, Section 9 (HF 25)
Uncodified Language
Effective July 1, 2011

Requires DHS to evaluate whether specialized maintenance therapy for enrollees with serious and persistent mental illness at risk of hospitalization benefit from the therapy and lower MA costs by reducing hospitalization. Requires a report to the Legislature by December 15, 2011.