1.1 A bill for an act
1.2 relating to human services;
the Department of Human Services behavioral health
1.3 policy provisions; updating
the Children's Mental Health Act; codifying the
1.4 intermediate school-linked
behavioral health grant program;amending Minnesota
1.5 Statutes 2024, sections
245.4871, subdivision 4, by adding a subdivision; 245.4881,
1.6 subdivision 3; proposing
coding for new law in Minnesota Statutes, chapter 245.
1.7 BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes
2024, section 245.4871, subdivision 4, is amended to read:
1.9 Subd. 4.Case
management service provider. (a) "Case management service
provider"
1.10 means a case manager or case
manager associate employed by the county or other entity
1.11 authorized by the county board
to provide case management services specified in subdivision
1.12 3 for the child with severe
emotional disturbance and the child's family.
1.13 (b) A case manager must:
1.14 (1) have experience and
training in working with children;
1.15 (2) be a mental health
practitioner under section 245I.04, subdivision 4, or have at least
1.16 a bachelor's degree in one of
the behavioral sciences or a related field including, but not
1.17 limited to, social work,
psychology, or nursing from an accredited college or university or
1.18 meet the requirements of
paragraph (d);
1.19 (3) have experience and
training in identifying and assessing a wide range of children's
1.20 needs;
1.21 (4) be knowledgeable about
local community resources and how to use those resources
1.22 for the benefit of children and
their families; and
2.1 (5) meet the supervision and
continuing education requirements of paragraphs (e), (f),
2.2 and (g), as applicable.
2.3 (c) A case manager may be a
member of any professional discipline that is part of the
2.4 local system of care for
children established by the county board.
2.5 (d) A case manager withoutwho
is not a mental health practitioner and does not have
2.6 a bachelor's degree must
meet one of the requirements in clauses (1) to (3):
2.7 (1) have three or four years
of experience as a case manager associate;
2.8 (2) be a registered nurse
without a bachelor's degree who has a combination of specialized
2.9 training in psychiatry and
work experience consisting of community interaction and
2.10 involvement or community
discharge planning in a mental health setting totaling three years;
2.11 or
2.12 (3) be a person who qualified
as a case manager under the 1998 Department of Human
2.13 Services waiver provision and
meets the continuing education, supervision, and mentoring
2.14 requirements in this section.
2.15 (e) A case manager with at least
2,000 hours of supervised experience in the delivery
2.16 of mental health services to
children must receive regular ongoing supervision and clinical
2.17 supervision totaling 38 hours
per year, of which at least one hour per month must be clinical
2.18 supervision regarding
individual service delivery with a case management supervisor. The
2.19 other 26 hours of supervision
may be provided by a case manager with two years of
2.20 experience. Group supervision
may not constitute more than one-half of the required
2.21 supervision hours.
2.22 (f) A case manager without
2,000 hours of supervised experience in the delivery of
2.23 mental health services to
children with emotional disturbance must:
2.24 (1) begin 40 hours of training
approved by the commissioner of human services in case
2.25 management skills and in the
characteristics and needs of children with severe emotional
2.26 disturbance before beginning to
provide case management services; and
2.27 (2) receive clinical supervision
regarding individual service delivery from a mental
2.28 health professional at least
one hour each week until the requirement of 2,000 hours of
2.29 experience is met.
2.30 (g) A case manager who is not
licensed, registered, or certified by a health-related
2.31 licensing board must receive 30
hours of continuing education and training in severe
2.32 emotional disturbance and
mental health services every two years.
3.1 (h) Clinical supervision must
be documented in the child's record. When the case manager
3.2 is not a mental health
professional, the county board must provide or contract for needed
3.3 clinical supervision.
3.4 (i) The county board must
ensure that the case manager has the freedom to access and
3.5 coordinate the services
within the local system of care that are needed by the child.
3.6 (j) A case manager associate
(CMA) must:
3.7 (1) work under the direction
of a case manager or case management supervisor;
3.8 (2) be at least 21 years of
age;
3.9 (3) have at least a high
school diploma or its equivalent; and
3.10 (4) meet one of the following
criteria:
3.11 (i) have an associate of arts
degree in one of the behavioral sciences or human services;
3.12 (ii) be a registered nurse
without a bachelor's degree;
3.13 (iii) have three years of life
experience as a primary caregiver to a child with serious
3.14 emotional disturbance as
defined in subdivision 6 within the previous ten years;
3.15 (iv) have 6,000 hours work
experience as a nondegreed state hospital technician; or
3.16 (v) have 6,000 hours of
supervised work experience in the delivery of mental health
3.17 services to children with
emotional disturbances; hours worked as a mental health behavioral
3.18 aide I or II under section
256B.0943, subdivision 7, may count toward the 6,000 hours of
3.19 supervised work experience.
3.20 Individuals meeting one of the
criteria in items (i) to (iv) may qualify as a case manager
3.21 after four years of supervised
work experience as a case manager associate. Individuals
3.22 meeting the criteria in item
(v) may qualify as a case manager after three years of supervised
3.23 experience as a case manager
associate.
3.24 (k) Case manager associates
must meet the following supervision, mentoring, and
3.25 continuing education
requirements;
3.26 (1) have 40 hours of preservice
training described under paragraph (f), clause (1);
3.27 (2) receive at least 40 hours
of continuing education in severe emotional disturbance
3.28 and mental health service
annually; and
3.29 (3) receive at least five hours
of mentoring per week from a case management mentor.
3.30 A "case management
mentor" means a qualified, practicing case manager or case management
3.31 supervisor who teaches or
advises and provides intensive training and clinical supervision
4.1 to one or more case manager
associates. Mentoring may occur while providing direct services
4.2 to consumers in the office or
in the field and may be provided to individuals or groups of
4.3 case manager associates. At
least two mentoring hours per week must be individual and
4.4 face-to-face.
4.5 (l) A case management
supervisor must meet the criteria for a mental health professional
4.6 as specified in subdivision
27.
4.7 (m) An immigrant who does not
have the qualifications specified in this subdivision
4.8 may provide case management
services to child immigrants with severe emotional
4.9 disturbance of the same
ethnic group as the immigrant if the person:
4.10 (1) is currently enrolled in
and is actively pursuing credits toward the completion of a
4.11 bachelor's degree in one of the
behavioral sciences or related fields at an accredited college
4.12 or university;
4.13 (2) completes 40 hours of
training as specified in this subdivision; and
4.14 (3) receives clinical
supervision at least once a week until the requirements of obtaining
4.15 a bachelor's degree and 2,000
hours of supervised experience are met.
4.16 EFFECTIVE DATE. This
section is effective the day following final enactment.
4.17 Sec. 2. Minnesota Statutes
2024, section 245.4871, is amended by adding a subdivision
4.18 to read:
4.19 Subd. 7a.Clinical
supervision. "Clinical supervision" means the oversight
responsibility
4.20 for individual treatment
plans and individual mental health service delivery, including
4.21 oversight provided by
the case manager. Clinical supervision must be provided by a mental
4.22 health professional. The
supervising mental health professional must cosign an individual
4.23 treatment plan, and
their name must be documented in the client's record.
4.24 Sec. 3. Minnesota Statutes
2024, section 245.4881, subdivision 3, is amended to read:
4.25 Subd. 3.Duties
of case manager. (a) Upon a determination of eligibility for case
4.26 management services, the case
manager shall develop an individual family community
4.27 support plan for a child as
specified in subdivision 4, review the child's progress, and monitor
4.28 the provision of services,
and if the child and parent or legal guardian consent, complete a
4.29 written functional
assessment as defined by section 245.4871, subdivision 18a. If services
4.30 are to be provided in a host
county that is not the county of financial responsibility, the case
4.31 manager shall consult with the
host county and obtain a letter demonstrating the concurrence
4.32 of the host county regarding
the provision of services.
5.1 (b) The case manager shall
note in the child's record the services needed by the child
5.2 and the child's family, the
services requested by the family, services that are not available,
5.3 and the unmet needs of the
child and child's family. The case manager shall note this
5.4 provision in the child's
record.
5.5 Sec. 4. [245.4904]
INTERMEDIATE SCHOOL DISTRICT BEHAVIORAL HEALTH
5.6 GRANT PROGRAM.
5.7 Subdivision
1.Establishment. The commissioner of human services must
establish a
5.8 grant program to
improve behavioral health outcomes for youth attending a qualifying
5.9 school unit and to
build the capacity of schools to support student and teacher needs in the
5.10 classroom. For the
purposes of this section, "qualifying school unit" means an
intermediate
5.11 school district
organized under section 136D.01.
5.12 Subd. 2.Eligible
applicants. An eligible applicant is an intermediate school district
5.13 organized under section
136D.01, and a partner entity or provider that has demonstrated
5.14 capacity to serve the
youth identified in subdivision 1 that is:
5.15 (1) a mental health
clinic certified under section 245I.20;
5.16 (2) a community mental
health center under section 256B.0625, subdivision 5;
5.17 (3) an Indian health
service facility or a facility owned and operated by a Tribe or Tribal
5.18 organization operating
under United States Code, title 25, section 5321;
5.19 (4) a provider of
children's therapeutic services and supports as defined in section
5.20 256B.0943;
5.21 (5) enrolled in medical
assistance as a mental health or substance use disorder provider
5.22 agency and employs at
least two full-time equivalent mental health professionals qualified
5.23 according to section
245I.04, subdivision 2, or two alcohol and drug counselors licensed or
5.24 exempt from licensure
under chapter 148F who are qualified to provide clinical services to
5.25 children and families;
5.26 (6) licensed under
chapter 245G and in compliance with the applicable requirements in
5.27 chapters 245A, 245C, and
260E; section 626.557; and Minnesota Rules, chapter 9544; or
5.28 (7) a licensed
professional in private practice as defined in section 245G.01, subdivision
5.29 17, who meets the
requirements of section 254B.05, subdivision 1, paragraph (b).
5.30 Subd. 3.Allowable
grant activities and related expenses. (a) Allowable grant
activities
5.31 and related expenses
include but are not limited to:
5.32 (1) identifying mental
health conditions and substance use disorders of students;
6.1 (2) delivering mental
health and substance use disorder treatment and supportive services
6.2 to students and their
families within the classroom, including via telehealth consistent with
6.3 section 256B.0625,
subdivision 3b;
6.4 (3) delivering
therapeutic interventions and customizing an array of supplementary
6.5 learning experiences
for students;
6.6 (4) supporting
families in meeting their child's needs, including navigating health care,
6.7 social service, and
juvenile justice systems;
6.8 (5) providing
transportation for students receiving behavioral health services when school
6.9 is not in session;
6.10 (6) building the
capacity of schools to meet the needs of students with mental health and
6.11 substance use disorder
concerns, including school staff development activities for licensed
6.12 and nonlicensed staff;
and
6.13 (7) purchasing
equipment, connection charges, on-site coordination, set-up fees, and
6.14 site fees in order to
deliver school-linked behavioral health services via telehealth.
6.15 (b) Grantees must obtain
all available third-party reimbursement sources as a condition
6.16 of receiving grant
funds. For purposes of this grant program, a third-party reimbursement
6.17 source does not include
a public school as defined in section 120A.20, subdivision 1. Grantees
6.18 shall serve students
regardless of health coverage status or ability to pay.
6.19 Subd. 4.Calculating
the share of the appropriation. (a) Grants must be awarded to
6.20 qualifying school units
proportionately.
6.21 (b) The commissioner
must calculate the share of the appropriation to be used in each
6.22 qualifying school unit
by multiplying the total appropriation going to the grantees by the
6.23 qualifying school unit's
average daily membership in a setting of federal instructional level
6.24 4 or higher and then
dividing by the total average daily membership in a setting of federal
6.25 instructional level 4 or
higher for the same year for all qualifying school units.
6.26 Subd. 5.Data
collection and outcome measurement. Grantees must provide data to
6.27 the commissioner for the
purpose of evaluating the Intermediate School District Behavioral
6.28 Health Innovation grant
program. The commissioner must consult with grantees to develop
6.29 outcome measures for
program capacity and performance.
