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S.F. No. 3213 - Department of Human Services

Technical Bill

Author: Senator Linda Higgins
Prepared by: David Giel, Senate Research (296-7178)

Joan White, Senate Counsel (296-3814)

Date: February 29, 2008


S.F. No. 3213 makes a variety of technical changes in Department of Human Services (DHS) children's mental health, health care, and continuing care programs, and extends several advisory councils.

ARTICLE 1

CHILDREN'S MENTAL HEALTH

The sections in Article 1 modify the section of law related to children's therapeutic services and supports (CTSS).

Section 1 (256B.0943, subdivision 1) modifies the definition of direct service time by adding a cross-reference to the definition of "hour" in rule, and providing an updated definition for the term "skills training."

Section 2 (256B.0943, subdivision 2) clarifies that CTSS providers must be certified, and that the CTSS service components may be combined to constitute therapeutic preschool programs.

Section 3 (256B.0943, subdivision 6) clarifies the components for developing an individual treatment plan and an individual behavior plan, and clarifies the scope of mental health behavioral aides.

Section 4 (256B.0943, subdivision 7) modifies the qualifications of an individual provider, by clarifying that a mental health behavioral aide must work under the clinical supervision of a mental health professional, and adds a reference to an individual behavior plan.

Section 5 (256B.0943, subdivision 9) clarifies day treatment program standards for children receiving services under this program, and further clarifies the scope of mental health behavioral aides.

Section 6 (256B.0943, subdivision 12) clarifies that treatment by multiple providers within the same agency at the same clock time is not eligible for medical assistance payments.

ARTICLE 2

HEALTH CARE AND CONTINUING CARE

Section 1 (256.01, subdivision 2) clarifies that DHS activities regarding prevention, detection, investigation, and resolution of fraudulent and criminal activities involving human services programs are to be conducted in conjunction with law enforcement agencies and county human services officials.

Section 2 (256.01, subdivision 2b) makes the patient incentive health program effective on July 1, 2008, rather than 2009.

Section 3 (256.046) makes administrative fraud disqualification hearings conducted by DHS all subject to the same state and federal requirements. It clarifies when DHS may conduct the hearing in lieu of the county doing so. It makes combined hearings subject to the requirements of a single set of federal requirements.

Section 4 (256.476, subdivision 4) and Section 5 (256.476, subdivision 5) amend the consumer support grant program to consistently refer to the program recipient's "legal representative or other authorized representative" rather than to the person's "family."

Section 6 (256B.057, subdivision 2c) corrects a cross-reference in the Medical Assistance (MA) statute governing extended coverage for children.

Section 7 (256B.06, subdivision 4) amends the statute governing MA citizenship requirements by adding a definition, through cross-reference to a federal definition, of persons lawfully present in the United States.

Section 8 (256B.0655, subdivision 12) corrects a cross-reference in the language governing personal care providers.

Section 9 (256D.03, subdivision 3) corrects a cross-reference in the General Assistance Medical Care statute.

Section 10 (256L.07, subdivision 5) clarifies, in language governing voluntary MinnesotaCare disenrollment for members of the military, that MinnesotaCare eligibility renewals are conducted annually rather than every six months.

Section 11 (256L.15, subdivision 2) corrects MinnesotaCare language with respect to program eligibility and premiums for children above 275 percent of federal poverty guidelines.

ARTICLE 3

MISCELLANEOUS

Section 1 (254A.035, subdivision 2) delays the expiration date of the American Indian Advisory Council on drug abuse and alcohol issues for four years, until June 30, 2012.

Section 2 (254A.04) delays the expiration date of the Alcohol and Other Drug Abuse Advisory Council for four years, until June 30, 2012.

Section 3 (256.0451, subdivision 24) clarifies that any party to a human services appeal may seek reconsideration and requires the appealing party to send a copy of the request for reconsideration to the other parties. It requires DHS to inform all parties of any action on the request.

Section 4 deletes the requirement for an annual report on supplemental nursing services agencies, or nursing pools.

JW/DG:rdr/rer




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