Background

            S.F. No. 2549 amends the Excellence in Mental Health Demonstration project that passed last session, which is a federal demonstration project to test a new model of providing and paying for integrated and coordinated mental health and substance use disorder treatment and services. The Department of Human Services (DHS) applied for and was one of 24 states that received a federal planning grant for the development of Certified Community Behavioral Health Clinics (CCBHCs).  In order to move into the next step in the process, and possibly be one of eight states chosen to participate in the demonstration project, the state must enact certification standards and certify at least two CCBHCs, one urban and one rural, by October 1, 2016, establish a cost-based prospective payment system and appropriate the state share of medical assistance for the services, apply to participate in the demonstration project in October 2016, and begin providing services in the certified clinics by January 1, 2017. The demonstration period, if selected, is for years 2017 and 2018.

Section 1, Subdivision 3, paragraph (a), Adds to the list of requirements for CCBHC.

Paragraph (b) Allows the commissioner to certify a CCBHC if it is unable to provide one or more required services, under certain circumstances.

Paragraph (c) Allows a clinic to receive prospective payment for the delivery of services without a county contract if the host county provides a letter of support to the commissioner confirming that the CCBHC and the county it serves have an ongoing relationship to facilitate access and continuity of care.

Paragraph (d) Allows the commissioner to grant a variance when the standards under this section conflict with other applicable standards, if granting the variance will not conflict with federal law.  The commissioner must consult with stakeholders before granting a variance.

Paragraph (e) Requires the commissioner to provide a list of evidence-based practices that the CCBHC must deliver, and allows the commissioner to update the list when necessary. At least 30 days before the initial list or revisions are issued, the commissioner must provide stakeholders with an opportunity to comment.

Paragraph (f) Allows the commissioner to include quality bonus payments in the new prospective payment system (PPS). Implementation of the PPS is effective July 1, 2017, or upon federal approval.

Paragraph (g) Requires the commissioner to seek federal approval to continue the federal financial participation (FFP) for CCBHC after the demonstration period ends. Payments cease July 1, 2019, if FFP for payment of CCBHC services cannot be obtained.

Paragraph (h) Allows the commissioner to limit the number of clinics so that projected claims will not exceed funds budgeted for this purpose, and provides a list of the types of clinics to which the commissioner must give preference.

Paragraph (i) Requires the commissioner to recertify the CCBHCs every three years, and establish a process for decertification, corrective actions, and medical assistance repayment.

This section is effective the day following final enactment.

Section 2 requires the commissioner to collaborate and partner with stakeholders listed in this section in developing and implementing the CCBHCs.

This section is effective the day following final enactment.