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S.F. No. 1591 - Modifying Provisions Governing Chemical and Mental
Author: Senator Tony Lourey
Prepared By: Joan White, Senate Counsel (651/296-3814)
Date: March 6, 2017


Sections 1 and 2 (245A.03, subd. 2, 245A.191) update terminology to refer to substance use disorder and insert cross-references to the new substance abuse in Minnesota Statutes, chapter 245G.

Sections 3 to 25 (245G.01, 245G.02, 245G.03, 245G.04, 245G.05, 245G.06, 245G.07, 245G.08, 245G.09, 245G.10, 245G.11, 245G.12, 245G.13, 245G.14, 245G.15, 245G.16, 245G.17, 245G.18, 245G.19, 245G.20, 245G.21, 245G.22, 254A.01) establish the standards for the substance use disorder services.  A majority of the language in these sections is existing rule, and is being codified in this new chapter.  New language in section 9 includes the expansion of services, which are peer recovery support services and care coordination, subject to federal approval.  Also, the existing provisions related to opioid treatment programs are consolidated in this chapter in section 24.

Sections 26 to 29 (254A.02, subds. 2, 3, 5, 6,) update terminology and strike obsolete references.

Sections 30 to 39 amend chapter 254A, which is the chapter of law dealing with drug and alcohol treatment.

Section 30 (254A.02, subd. 6a) adds a new subdivision defining the term “substance misuse.”

Sections 31-32 (254A.02, subds. 8 and 10) update terminology.

Section 33 (254A.02, subd. 10a) adds a new subdivision defining the term “substance use disorder.”

Section 34 (254A.03) updates the statute delegating authority to the alcohol and drug abuse section in DHS, by incorporating the new services and updating terminology.  Subdivision 3 of this section also specifies that upon federal approval or July 1, 2018, whichever is later, of a comprehensive assessment as a Medicaid benefit, an eligible vendor of comprehensive benefits may determine and approve the appropriate level of substance use disorder treatment for a recipient of public assistance. The commissioner shall develop and implement a utilization review process for publicly funded treatment placements to monitor and review the clinical appropriateness and timeliness of publicly funded placements in treatment.

Sections 35 to 38 (254A.035, subd. 1, 254A.04, 254A.08, 254A.09) update terminology and incorporates references to rule.

Section 39 (254A.19, subd.  3) clarifies that an eligible vendor conduct a comprehensive assessment and approve treatment services, but the individual may access any enrolled provider that is licensed to provide the level of services authorized, including the provider who completed the assessment.

Sections 40 to 53 amend chapter 254B, the chemical dependency treatment chapter of law.

Section 40 (254B.01, subd. 3) updates terminology.

Section 41 (254B.01, subd. 8) defines the termrecovery community organization.”

Section 42 (254B.03, subd. 2) updates terminology and prohibits a vendor from requiring clients to use their public benefits to offset the cost of services paid under this section.  Clarifies that SNAP benefits belong to the client.

Sections 43 and 44 (254B.04, subds. 1, 2b) modify the chemical dependency fund services by striking obsolete language.

Section 45 (254B.05, subd. 1) provides that on July 1, 2018, or upon federal approval, whichever is later, licensed professionals in private practice and counties are eligible vendors of comprehensive assessment and assessment summary services, under new paragraphs (b) and (c), respectively.  The counties are also eligible providers of care coordination services. New paragraph (d) provides that on July 1, 2018, or upon federal approval, whichever is later, a recovery community organization is an eligible vendor of peer support services.

Section 46 (254B.05, subd. 1a) updates cross-references.

Section 47 (254B.05, subd. 5) requires the commissioner to establish rates for the eligible services under this section.  New eligible services include comprehensive assessments, care coordination, peer recovery support services, and withdrawal management services effective July 1, 2018, or upon federal approval, whichever is later. This section also updates references to the new chapter 245G.

Sections 48 to 53 (254B.051, 254B.07, 254B.08, 254B.09, 254B.12, subd. 2, 254B.13, subd. 2a) update terminology and references. Section 50 gives the commissioner the authority to apply for the federal waivers necessary to secure federal financial participation for substance use disorder services.

Section 54 requires the commissioner to contract with an outside expert to identify recommendations for the development of a substance use disorder residential treatment program model and payment structure that is not subject to the federal institutions for mental diseases exclusion and is financially sustainable. The report is due no later than December 15, 2018.

Section 55 is a revisor instruction to make necessary cross-references changes.

Section 56 repeals obsolete statutes and rules. 

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