Minn. Stat. § 254B.0501 — MN Code / Part 245_267 / Chapter 254B / Section 254B.0501
§ 254B.0501 VENDOR ELIGIBILITY.
Status: in_force

§ Subdivision 1. Licensed programs and hospitals. Programs licensed by the commissioner are eligible vendors. Hospitals may apply for and receive licenses to be eligible vendors, notwithstanding the provisions of section 245A.03 . American Indian programs that provide substance use disorder treatment, extended care, transitional residence, or outpatient treatment services, and are licensed by tribal government are eligible vendors.

§ Subd. 2. Health care providers; comprehensive assessments. Hospitals, federally qualified health centers, and rural health clinics are eligible vendors of a comprehensive assessment when the comprehensive assessment is completed according to section 254A.19, subdivision 3, and by an individual who meets the criteria of an alcohol and drug counselor according to section 245G.11, subdivision 5 . The alcohol and drug counselor must be individually enrolled with the commissioner and reported on the claim as the individual who provided the service.

§ Subd. 3. Regional treatment centers. Regional treatment center substance use disorder treatment units are eligible vendors. The executive board may expand the capacity of substance use disorder treatment units beyond the capacity funded by direct legislative appropriation to serve individuals who are referred for treatment by counties and whose treatment will be paid for by funding under this chapter or other funding sources. Notwithstanding the provisions of sections 254B.03 to 254B.04 , payment for any person committed at county request to a regional treatment center under chapter 253B for chemical dependency treatment and determined to be ineligible under the behavioral health fund, shall become the responsibility of the county.

§ Subd. 4. Licensed private practitioners. A licensed professional in private practice as defined in section 245G.01, subdivision 17 , who meets the requirements of section 245G.11, subdivisions 1 and 4 , is an eligible vendor of a comprehensive assessment provided according to section 254A.19, subdivision 3 , and treatment services provided according to sections 245G.06 and 245G.07, subdivisions 1, 1a, and 1b .

§ Subd. 5. Counties. A county is an eligible vendor for a comprehensive assessment when provided by an individual who meets the staffing credentials of section 245G.11, subdivisions 1 and 5 , and completed according to the requirements of section 254A.19, subdivision 3 . A county is an eligible vendor of treatment coordination services when provided by an individual who meets the staffing credentials of section 245G.11, subdivisions 1 and 7 , and provided according to the requirements of section 245G.07, subdivision 1b . A county is an eligible vendor of peer recovery services when the services are provided by an individual who meets the requirements of section 245G.11, subdivision 8 , and according to section 254B.052 .

§ Subd. 6. Recovery community organizations. (a) A recovery community organization that meets the requirements of clauses (1) to (15), complies with the training requirements in section 254B.052, subdivision 4 , and meets certification requirements of the Minnesota Alliance of Recovery Community Organizations or another Minnesota statewide recovery organization identified by the commissioner is an eligible vendor of peer recovery support services. If the commissioner does not identify another statewide recovery organization, or the Minnesota Alliance of Recovery Community Organizations or the statewide recovery organization identified by the commissioner is not reasonably positioned to certify vendors, the commissioner must determine the eligibility of a vendor of peer recovery support services. A Minnesota statewide recovery organization identified by the commissioner must update recovery community organization applicants for certification on the status of the application within 45 days of receipt. If the approved statewide recovery organization denies an application, it must provide a written explanation for the denial to the recovery community organization. Eligible vendors under this paragraph must: (1) be nonprofit organizations under section 501(c)(3) of the Internal Revenue Code, be free from conflicting self-interests, and be autonomous in decision-making, program development, peer recovery support services provided, and advocacy efforts for the purpose of supporting the recovery community organization's mission; (2) be led and governed by individuals in the recovery community, with more than 50 percent of the board of directors or advisory board members self-identifying as people in personal recovery from substance use disorders; (3) have a mission statement and conduct corresponding activities indicating that the organization's primary purpose is to support recovery from substance use disorder; (4) demonstrate ongoing community engagement with the identified primary region and population served by the organization, including individuals in recovery and their families, friends, and recovery allies; (5) be accountable to the recovery community through documented priority-setting and participatory decision-making processes that promote the engagement of, and consultation with, people in recovery and their families, friends, and recovery allies; (6) provide nonclinical peer recovery support services, including but not limited to recovery support groups, recovery coaching, telephone recovery support, skill-building, and harm-reduction activities, and provide recovery public education and advocacy; (7) have written policies that allow for and support opportunities for all paths toward recovery and refrain from excluding anyone based on their chosen recovery path, which may include but is not limited to harm reduction paths, faith-based paths, and nonfaith-based paths; (8) maintain organizational practices to meet the needs of Black, Indigenous, and people of color communities, LGBTQ+ communities, and other underrepresented or marginalized communities. Organizational practices may include board and staff training, service offerings, advocacy efforts, and culturally informed outreach and services; (9) use recovery-friendly language in all media and written materials that is supportive of and promotes recovery across diverse geographical and cultural contexts and reduces stigma; (10) establish and maintain a publicly available recovery community organization code of ethics and grievance policy and procedures; (11) not classify or treat any recovery peer hired on or after July 1, 2024, as an independent contractor; (12) not classify or treat any recovery peer as an independent contractor on or after January 1, 2025; (13) provide an orientation for recovery peers that includes an overview of the consumer advocacy services provided by the Ombudsman for Mental Health and Developmental Disabilities and other relevant advocacy services; (14) provide notice to peer recovery support services participants that includes the following statement: "If you have a complaint about the provider or the person providing your peer recovery support services, you may contact the Minnesota Alliance of Recovery Community Organizations. You may also contact the Office of Ombudsman for Mental Health and Developmental Disabilities." The statement must also include: (i) the telephone number, website address, email address, and mailing address of the Minnesota Alliance of Recovery Community Organizations and the Office of Ombudsman for Mental Health and Developmental Disabilities; (ii) the recovery community organization's name, address, email, telephone number, and name or title of the person at the recovery community organization to whom problems or complaints may be directed; and (iii) a statement that the recovery community organization will not retaliate against a peer recovery support services participant because of a complaint; and (15) comply with the requirements of section 245A.04, subdivision 15a . (b) A recovery community organization approved by the commissioner before June 30, 2023, must have begun the application process as required by an approved certifying or accrediting entity and have begun the process to meet the requirements under paragraph (a) by September 1, 2024, in order to be considered as an eligible vendor of peer recovery support services. (c) A recovery community organization that is aggrieved by a certification determination and believes it meets the requirements under paragraph (a) may appeal the determination under section 256.045, subdivision 3 , paragraph (a), clause (14), for reconsideration as an eligible vendor. If the human services judge determines that the recovery community organization meets the requirements under paragraph (a), the recovery community organization is an eligible vendor of peer recovery support services for up to two years from the date of the determination. After two years, the recovery community organization must apply for certification under paragraph (a) to continue to be an eligible vendor of peer recovery support services. (d) All recovery community organizations must be certified by an entity listed in paragraph (a) by June 30, 2027. [See Note.]

§ Subd. 7. Detoxification and unlicensed programs ineligible. Detoxification programs licensed under Minnesota Rules, parts 9530.6510 to 9530.6590 , are not eligible vendors. Programs that are not licensed as a residential or nonresidential substance use disorder treatment or withdrawal management program by the commissioner or by tribal government or do not meet the requirements of subdivision 8 and section 254B.0503, subdivisions 1 and 2, are not eligible vendors. [See Note.]

§ Subd. 8. Additional vendor requirements. Vendors must comply with the following duties: (1) maintain a provider agreement with the department; (2) continually comply with the standards in the agreement; (3) participate in the Drug Alcohol Normative Evaluation System; (4) submit an annual financial statement which reports functional expenses of substance use disorder treatment costs in a form approved by the commissioner; (5) report information about the vendor's current capacity in a manner prescribed by the commissioner; and (6) maintain adequate and appropriate insurance coverage necessary to provide substance use disorder treatment services, and at a minimum: (i) employee dishonesty in the amount of $10,000 if the vendor has or had custody or control of money or property belonging to clients; and (ii) bodily injury and property damage in the amount of $2,000,000 for each occurrence, except that a county or a county joint powers entity who is otherwise an eligible vendor shall be subject to the limits on liability under section 466.04 .

§ Subd. 9. Regulatory methods. (a) Where appropriate and feasible, the commissioner shall identify and implement alternative methods of regulation and enforcement to the extent authorized in this subdivision. These methods shall include: (1) expansion of the types and categories of licenses that may be granted; (2) when the standards of an independent accreditation body have been shown to predict compliance with the rules, the commissioner shall consider compliance with the accreditation standards to be equivalent to partial compliance with the rules; and (3) use of an abbreviated inspection that employs key standards that have been shown to predict full compliance with the rules. (b) The commissioner shall work with the commissioners of health, public safety, administration, and education in consolidating duplicative licensing and certification rules and standards if the commissioner determines that consolidation is administratively feasible, would significantly reduce the cost of licensing, and would not reduce the protection given to persons receiving services in licensed programs. Where administratively feasible and appropriate, the commissioner shall work with the commissioners of health, public safety, administration, and education in conducting joint agency inspections of programs. (c) The commissioner shall work with the commissioners of health, public safety, administration, and education in establishing a single point of application for applicants who are required to obtain concurrent licensure from more than one of the commissioners listed in this paragraph.

§ Subd. 10. Fee reductions. If the commissioner determines that the methods in subdivision 9, paragraph (a), clause (2) or (3), can be used in licensing a program, the commissioner shall reduce licensure fees by up to 50 percent. The commissioner may adopt rules to provide for the reduction of fees when a license holder substantially exceeds the basic standards for licensure.