piers109uk/MN-Statutes huggingface dataset:
237.765 QUALITY OF SERVICE.
(a) For an alternative regulation plan to be approved by the commission under sections 237.76 to 237.774, the plan must contain an existing service quality plan or settlement for retail customers approved by the commission or if no such plan or settlement has been approved, the commission shall require:
(1) evidence that current service quality substantially complies with commission rules as to justify lessened rate regulation;
(2) a baseline measurement of the quality of service levels as achieved by the company during the previous three years, to the extent the data are available, and specific statewide standards for measuring the quality of price-regulated and flexibly priced services provided by the company, including, but not limited to (i) time intervals for installation, (ii) time intervals for restoration or repair of service, (iii) trouble rates, (iv) exchange access line held orders, and (v) customer service answer time;
(3) provisions for reporting to the commission at least annually the company's performance as to the quality of service standards by quarter for the previous year;
(4) provisions that index quality of service standards for local residence services to similar standards for local business services;
(5) appropriate remedies, including penalties and customer-specific adjustments or payments to compensate customers for specific quality of service failures, so as to ensure substantial compliance with the quality of service standards set forth in the plan; and
(6) provisions for informing customers of their rights as to quality of service and how customers can register their complaints regarding service.
(b) Any penalties under paragraph (a), clause (5), shall be returned to customers under a method set forth in the plan.
(c) The terms of an existing service quality plan or settlement approved by the commission must be offered to extend through the duration of an alternative regulation plan filed under this section.
245A.71 APPLICABILITY AND SCOPE.
Adult day care centers or adult day services centers that provide remote adult day services must be licensed under this chapter and comply with the requirements set forth in this section.
License holders seeking to provide remote adult day services must submit a request in the manner prescribed by the commissioner. Remote adult day services must not be delivered until approved by the commissioner. The designation to provide remote services is voluntary for license holders. Upon approval, the designation of approval for remote adult day services must be printed on the center's license and identified on the commissioner's public website.
Adult day care centers or adult day services centers that provide remote adult day services to participants receiving alternative care under section 256B.0913, essential community supports under section 256B.0922, or home and community-based services waivers under chapter 256S or section 256B.092 or 256B.49 must comply with federally approved waiver plans.
Remote adult day services must be provided during the days and hours of in-person services specified on the license of the adult day care center or adult day services center.
241.88 RESTRAINING AN INCARCERATED PREGNANT WOMAN.
(a) A representative of a correctional facility may not restrain a woman known to be pregnant unless the representative makes an individualized determination that restraints are reasonably necessary for the legitimate safety and security needs of the woman, correctional staff, other inmates, or the public. If restraints are determined to be necessary, the restraints must be the least restrictive available and the most reasonable under the circumstances.
(b) A representative of a correctional facility may not restrain a woman known to be pregnant while the woman is being transported if the restraint is through the use of waist chains or other devices that cross or otherwise touch the woman's abdomen or handcuffs or other devices that cross or otherwise touch the woman's wrists when affixed behind the woman's back. If used, wrist restraints should be applied in such a way that the pregnant woman may be able to protect herself and her fetus in the event of a forward fall.
(c) A representative of a correctional facility may restrain a woman who is in labor or who has given birth within the preceding three days only if:
(1) there is a substantial flight risk or some other extraordinary medical or security circumstance that dictates restraints be used to ensure the safety and security of the woman, the staff of the correctional or medical facility, other inmates, or the public;
(2) the representative has made an individualized determination that restraints are necessary to prevent escape or injury;
(3) there is no objection from the treating medical care provider; and
(4) the restraints used are the least restrictive type and are used in the least restrictive manner.
(d) Section 645.241 does not apply to this section.
The head of each correctional facility shall ensure that staff members of the facility who come in contact with pregnant women incarcerated in the facility are provided training on the provisions of this section.
By February 15 of each year, the commissioner shall report to the chairs and ranking minority members of the senate and house of representatives committees and divisions having jurisdiction over criminal justice policy and funding on the use of restraints on pregnant women, women in labor, and women who have given birth in the preceding three days, who are incarcerated in state and local correctional facilities during the preceding calendar year. For reporting purposes, the use of restraints does not include use of handcuffs on the front of the body of a pregnant woman.
245A.72 RECORD REQUIREMENTS.
Adult day care centers and adult day services centers providing remote adult day services must comply with participant record requirements set forth in Minnesota Rules, part 9555.9660. The center must document how remote services will help a participant reach the short- and long-term objectives in the participant's plan of care.
237.767 DISCONTINUANCE OF SERVICE.
Without the express approval of the commission, a telephone company subject to a plan may not discontinue the provision of a service or basic network function that has been classified as price regulated or flexibly priced.
241.89 REQUIREMENTS FOR AN INCARCERATED WOMAN.
This section applies only to a woman:
(1) incarcerated following conviction; or
(2) incarcerated before conviction beyond the period specified for the woman's initial appearance before the court in Rules of Criminal Procedure, rules 3.02, 4.01, and 4.02.
(a) The head of each correctional facility shall ensure that every woman incarcerated at the facility:
(1) is tested for pregnancy on or before day 14 of incarceration, if under 50 years of age unless the inmate refuses the test;
(2) if pregnant, is provided the prevailing standard of care or current practice by the medical care provider's peer group;
(3) if pregnant or has given birth in the past six weeks, is provided appropriate educational materials and resources related to pregnancy, childbirth, breastfeeding, and parenting;
(4) if pregnant or has given birth in the past six weeks, has access to doula services if these services are provided by a certified doula without charge to the correctional facility or the incarcerated woman pays for the certified doula services;
(5) if pregnant or has given birth in the past six months, has access to a mental health assessment and, if necessary, treatment;
(6) if pregnant or has given birth in the past six months and determined to be suffering from a mental illness, has access to evidence-based mental health treatment including psychotropic medication;
(7) if pregnant or has given birth in the past six months and determined to be suffering from postpartum depression, has access to evidence-based therapeutic care for the depression; and
(8) if pregnant or has given birth in the past six months, is advised, orally or in writing, of applicable laws and policies governing incarcerated pregnant women.
(b) The commissioner of corrections, in consultation with the commissioner of health, may award grants to nonprofit organizations to provide access to doula services by a certified doula in accordance with paragraph (a), clause (4).
245A.73 REMOTE ADULT DAY SERVICES STAFF.
(a) A staff person who provides remote adult day services without two-way interactive video must only provide services to one participant at a time.
(b) A staff person who provides remote adult day services through two-way interactive video must not provide services to more than eight participants at one time.
A center licensed under section 245A.71 must document training provided to each staff person regarding the provision of remote services in the staff person's record. The training must be provided prior to a staff person delivering remote adult day services without supervision. The training must include:
(1) how to use the equipment, technology, and devices required to provide remote adult day services via live two-way communication;
(2) orientation and training on each participant's plan of care as directly related to remote adult day services; and
(3) direct observation by a manager or supervisor of the staff person while providing supervised remote service delivery sufficient to assess staff competency.
245.4877 EDUCATION AND PREVENTION SERVICES.
Education and prevention services must be available to all children residing in the county. Education and prevention services must be designed to:
(1) convey information regarding emotional disturbances, mental health needs, and treatment resources to the general public;
(2) at least annually, distribute to individuals and agencies identified by the county board and the local children's mental health advisory council information on predictors and symptoms of emotional disturbances, where mental health services are available in the county, and how to access the services;
(3) increase understanding and acceptance of problems associated with emotional disturbances;
(4) improve people's skills in dealing with high-risk situations known to affect children's mental health and functioning;
(5) prevent development or deepening of emotional disturbances; and
(6) refer each child with emotional disturbance or the child's family with additional mental health needs to appropriate mental health services.
237.768 PERIODIC FINANCIAL REPORT.
In addition to the reports required under section 237.766, an alternative regulation plan may require a telephone company to file with the department an annual report of financial matters for the previous calendar year on or before May 1 of each year on report forms furnished by the department in the same manner as is required of other telephone companies on August 1, 1995. In addition, any company subject to a plan shall file with the commission and department a copy of any filings it has made to the Federal Communications Commission regarding the provisions of video programming provided through a video dial tone facility in Minnesota. An alternative regulation plan may require a telephone company to maintain its accounts in accordance with the system of accounts prescribed for the company by the commission under section 237.10.
245.488 OUTPATIENT SERVICES.
(a) County boards must provide or contract for enough outpatient services within the county to meet the needs of each child with emotional disturbance residing in the county and the child's family. Services may be provided directly by the county through county-operated mental health clinics meeting the standards of chapter 245I; by contract with privately operated mental health clinics meeting the standards of chapter 245I; by contract with hospital mental health outpatient programs certified by the Joint Commission on Accreditation of Hospital Organizations; or by contract with a mental health professional. A child or a child's parent may be required to pay a fee based in accordance with section 245.481. Outpatient services include:
(1) conducting diagnostic assessments;
(2) conducting psychological testing;
(3) developing or modifying individual treatment plans;
(4) making referrals and recommending placements as appropriate;
(5) treating the child's mental health needs through therapy; and
(6) prescribing and managing medication and evaluating the effectiveness of prescribed medication.
(b) County boards may request a waiver allowing outpatient services to be provided in a nearby trade area if it is determined that the child requires necessary and appropriate services that are only available outside the county.
(c) Outpatient services offered by the county board to prevent placement must be at the level of treatment appropriate to the child's diagnostic assessment.
The county board shall require that a service provider of outpatient services to children:
(1) meets the professional qualifications contained in sections 245.487 to 245.4889;
(2) uses a multidisciplinary mental health professional staff including, at a minimum, arrangements for psychiatric consultation, licensed psychologist consultation, and other necessary multidisciplinary mental health professionals;
(3) develops individual treatment plans; and
(4) provides initial appointments within three weeks, except in emergencies where there must be immediate access as described in section 245.4879.
County boards must provide or contract for mental health crisis services within the county to meet the needs of children with emotional disturbance residing in the county who are determined, through an assessment by a mental health professional, to be experiencing a mental health crisis or mental health emergency. The mental health crisis services provided must be medically necessary, as defined in section 62Q.53, subdivision 2, and necessary for the safety of the child or others regardless of the setting.
237.770 SUBSIDIZATION.
No telephone company shall subsidize flexibly priced or non-price-regulated services from other services. A telephone service is not subsidized if the aggregate revenues for the service equal or exceed the total service long-run incremental costs of providing the service. If the commission determines, after a proceeding under section 237.081, that subsidization exists, it shall order changes in rates to price the subsidized service above total service long-run incremental cost and may invoke any other remedies otherwise available under this chapter.
241.94 ACCESS BY OMBUDSPERSON TO DATA.
Notwithstanding section 13.384 or 13.85, the ombudsperson has access to corrections and detention data and medical data maintained by an agency and classified as private data on individuals or confidential data on individuals when access to the data is necessary for the ombudsperson to perform the powers under section 241.93.
241.90 OFFICE OF OMBUDSPERSON; CREATION; QUALIFICATIONS; FUNCTION.
The Office of Ombudsperson for the Department of Corrections is hereby created. The ombudsperson shall be appointed by the governor in the unclassified service and may be removed only for just cause. The ombudsperson shall be selected without regard to political affiliation, and shall be a person highly competent and qualified to analyze questions of law, administration, and public policy. No person may serve as ombudsperson while holding any other public office. The ombudsperson for corrections shall be accountable to the governor and shall have the authority to investigate decisions, acts, and other matters of the Department of Corrections so as to promote the highest attainable standards of competence, efficiency, and justice in the administration of corrections.
237.772 COST STUDY METHODOLOGY.
(a) For purposes of this chapter, total service long-run incremental cost (TSLRIC) means the total cost to the company of supplying a service, group of services, or basic network function. The term "long-run" means a period of time sufficient so that all inputs are avoidable based on the total increment of service, group of services, or basic network function and includes the relevant costs resulting from the company's decision to provide the service, group of services, or basic network function, holding constant the production levels of all other services, groups of services, or basic network functions provided by the company.
(b) A telephone company is not required to prepare or file TSLRIC or variable cost studies for all of its services as a prerequisite to filing a plan. However, the commission may order cost studies to be prepared for specific services as a condition of approval of the plan.
To the extent that this section or the commission may require a company to provide a TSLRIC study, a company may submit a petition to the commission for permission to submit a variable cost study instead of a TSLRIC study. The commission shall grant the petition if the telephone company demonstrates:
(1) that a TSLRIC study is burdensome in relation to its annual revenue from the service involved;
(2) in the case of an existing service, that the service is no longer being offered to new customers; or
(3) if the telephone company shows other good cause.
237.769 RULES APPLICABLE.
Any company under a plan is subject to any rules adopted under section 237.16 on the same date as those rules are applicable to other companies.
241.95 PUBLICATION OF RECOMMENDATIONS; REPORTS.
The ombudsperson may publish conclusions and suggestions by transmitting them to the Office of the Governor. Before announcing a conclusion or recommendation that expressly or impliedly criticizes an administrative agency or any person, the ombudsperson shall consult with that agency or person. When publishing an opinion adverse to an administrative agency or any person, the ombudsperson shall include in the publication any statement of reasonable length made to the ombudsperson by that agency or person in defense or mitigation of the action.
In addition to whatever reports the ombudsperson may make on an ad hoc basis, the ombudsperson shall report to the governor and the senate and house committee chairs and ranking minority members for the committees and divisions with fiscal and policy jurisdiction over public safety and corrections at the end of each year on the ombudsperson's functions during the preceding year.
245A.74 INDIVIDUAL SERVICE PLANNING.
(a) A person must be eligible for and receiving in-person adult day services to receive remote adult day services from the same provider. The same provider must deliver both in-person adult day services and remote adult day services to a participant.
(b) The license holder must update the participant's plan of care according to Minnesota Rules, part 9555.9700.
(c) For a participant who chooses to receive remote adult day services, the license holder must document in the participant's plan of care the participant's proposed schedule and frequency for receiving both in-person and remote services. The license holder must also document in the participant's plan of care that remote services:
(1) are chosen as a service delivery method by the participant or the participant's legal representative;
(2) will meet the participant's assessed needs;
(3) are provided within the scope of adult day services; and
(4) will help the participant achieve identified short- and long-term objectives specific to the provision of remote adult day services.
In a 24-hour period, a participant may receive:
(1) a combination of in-person adult day services and remote adult day services on the same day but not at the same time;
(2) a combination of in-person and remote adult day services that does not exceed 12 hours in total; and
(3) up to six hours of remote adult day services.
A participant who receives remote services must receive services in-person as assigned in the participant's plan of care at least quarterly.
245.4878 MENTAL HEALTH IDENTIFICATION AND INTERVENTION.
By January 1, 1991, mental health identification and intervention services must be available to meet the needs of all children and their families residing in the county, consistent with section 245.4873. Mental health identification and intervention services must be designed to identify children who are at risk of needing or who need mental health services. The county board must provide intervention and offer treatment services to each child who is identified as needing mental health services. The county board must offer intervention services to each child who is identified as being at risk of needing mental health services.
241.92 ORGANIZATION OF OFFICE OF OMBUDSPERSON.
The ombudsperson may select, appoint, and compensate out of available funds assistants and employees as deemed necessary to discharge responsibilities. The ombudsperson and full-time staff shall be members of the Minnesota State Retirement Association.
The ombudsperson may appoint an assistant ombudsperson in the unclassified service.
The ombudsperson may delegate to staff members any of the ombudsperson's authority or duties except the duty of formally making recommendations to an administrative agency or reports to the Office of the Governor or to the legislature.
245A.75 SERVICE AND PROGRAM REQUIREMENTS.
Remote adult day services must be in the scope of adult day services provided in Minnesota Rules, part 9555.9710, subparts 3 to 7.
245.4879 EMERGENCY SERVICES.
County boards must provide or contract for mental health emergency services according to section 245.469.
MS 2020 [Repealed, 2021 c 30 art 17 s 113]
241.91 DEFINITION.
For the purposes of sections 241.90 to 241.95, "administrative agency" or "agency" means any division, official, or employee of the Department of Corrections, including the commissioner of corrections, charged with the care and custody of inmates and any regional or local correctional facility licensed or inspected by the commissioner of corrections, whether public or private, established and operated for the detention and confinement of adults or juveniles, including but not limited to programs or facilities operating under chapter 401, secure juvenile detention facilities, municipal holding facilities, juvenile temporary holdover facilities, regional or local jails, lockups, work houses, work farms, and detention facilities, but does not include:
(1) any court or judge;
(2) any member of the senate or house of representatives;
(3) the governor or the governor's personal staff;
(4) any instrumentality of the federal government;
(5) any interstate compact; or
(6) any person responsible for the supervision of offenders placed on supervised release, parole, or probation.
237.771 DISCRIMINATION.
The rates of a telephone company under a plan must be the same in all geographic locations of the state except for good cause. A plan may contain provisions that define good cause, including consideration of the ability to respond to competition. Sections 237.09, 237.121, and 237.60, subdivision 3, apply to a telephone company under a plan.
237.774 APPLICATION OF OTHER LAWS.
Except as provided in sections 237.76 to 237.773, a telephone company subject to a plan approved under sections 237.764 and 237.773, shall comply with any state or federal laws governing the provision of telephone services. Nothing contained in sections 237.76 to 237.773 is intended in any way to change or modify the definitions contained in section 237.01 or what constitutes the provision of telephone service under this chapter or other laws.
245.4883 ACUTE CARE HOSPITAL INPATIENT SERVICES.
[Repealed, 2014 c 262 art 3 s 18]
Providers of acute care hospital inpatient services for children must meet applicable standards established by the commissioners of health and human services.
No later than January 1, 1992, the county board shall ensure that placement decisions for acute care hospital inpatient treatment services are based on the clinical needs of the child and, if appropriate, the child's family. The county board shall ensure that each entity under contract with the county to provide acute care hospital treatment services has admission, continued stay, discharge criteria and discharge planning criteria as part of the contract. Contracts should specify the specific responsibilities between the county and service providers to ensure comprehensive planning and continuity of care between needed services according to data privacy requirements. All contracts for the provision of acute care hospital inpatient treatment services must include provisions guaranteeing clients the right to appeal under section 245.4887 and to be advised of their appeal rights.
237.79 TELEPHONE COMPANY PROVIDING CABLE SERVICE.
A telephone company that provides cable television services shall, with respect to provisioning of those services in Minnesota, be subject to the same franchise requirements, procedures, and fees, and public, educational, and government access requirements as a cable communication company under chapter 238.
237.80 INTEREXCHANGE TELEPHONE SERVICE.
MS 2012 [Repealed, 2014 c 222 art 1 s 58]
Any investigation or proceeding by the Minnesota Public Utilities Commission for the purpose of verifying compliance with the competitive checklist requirements of section 271(c) of the act must be completed by the commission and the resulting certification provided to the Federal Communications Commission within 90 days after receipt of a request for verification from the Federal Communications Commission.
237.81 SCOPE.
To the extent they regulate telecommunications right-of-way users, sections 237.04; 237.16, subdivision 1; 237.162; 237.163; and 237.74, subdivision 5, supersede section 222.37, and any ordinance, regulation, or rule to the contrary.
245.4887 APPEALS.
A child or a child's family, as appropriate, who requests mental health services under sections 245.487 to 245.4889 must be advised of services available and the right to appeal as described in this section at the time of the request and each time the individual family community support plan or individual treatment plan is reviewed. A child whose request for mental health services under sections 245.487 to 245.4889 is denied, not acted upon with reasonable promptness, or whose services are suspended, reduced, or terminated by action or inaction for which the county board is responsible under sections 245.487 to 245.4889 may contest that action or inaction before the state agency according to section 256.045. The commissioner shall monitor the nature and frequency of administrative appeals under this section.
237.82 DEFINITIONS; CALL LOCATION INFORMATION.
The definitions in this section apply to section 237.83.
"Call location information" means information indicating the geographical location of a telecommunications device.
"Law enforcement agency" means:
(1) a unit of state or local government that is authorized by law to grant full powers of arrest and to charge a person with the duties of preventing and detecting crime and enforcing the general criminal laws of the state; and
(2) subject to the limitations in section 626.93, a law enforcement agency of a federally recognized tribe, as defined in United States Code, title 25, section 450b(e).
"Wireless telecommunications service provider" means a provider of commercial mobile radio services, as that term is defined in United States Code, title 47, section 332, subsection (d), including all broadband personal communications services, wireless radio telephone services, geographic area specialized and enhanced specialized mobile radio services, and incumbent wide area specialized mobile radio licensees, that offers real-time, two-way voice service interconnected with the public switched telephone network and that is doing business in this state.
237.775 EXISTING PLAN NOT AFFECTED.
An alternative regulation plan approved by the commission prior to May 1, 1997, is not subject to the amendments in Laws 1997, chapter 223; provided that a plan filed, revised, or renewed after that date is subject to those amendments.
237.83 DISCLOSURE OF CALL LOCATION INFORMATION; EMERGENCY SITUATIONS.
Upon receipt of a written request from a law enforcement agency stating that the disclosure of call location information is needed in an emergency situation that involves the risk of death or serious physical harm to a person who possesses a telecommunications device, a wireless telecommunications service provider shall provide the requested call location information concerning that device to the requesting agency.
A wireless telecommunications service provider shall establish protocols consistent with this section that govern its response to a request from a law enforcement agency under subdivision 1.
No cause of action shall lie in any court against a wireless telecommunications service provider, its officers, employees, agents, or other specified persons for providing call location information while acting in good faith and according to this section.
MS 2012 [Repealed, 2014 c 212 art 4 s 3]
245.4902 CULTURALLY INFORMED AND CULTURALLY RESPONSIVE MENTAL HEALTH TASK FORCE.
The Culturally Informed and Culturally Responsive Mental Health Task Force is established to evaluate and make recommendations on improving the provision of culturally informed and culturally responsive mental health services throughout Minnesota. The task force must make recommendations on:
(1) recruiting mental health providers from diverse racial and ethnic communities;
(2) training all mental health providers on cultural competency and cultural humility;
(3) assessing the extent to which mental health provider organizations embrace diversity and demonstrate proficiency in culturally competent mental health treatment and services; and
(4) increasing the number of mental health organizations owned, managed, or led by individuals who are Black, indigenous, or people of color.
(a) The task force must consist of the following 16 members:
(1) the commissioner of human services or the commissioner's designee;
(2) one representative from the Board of Psychology;
(3) one representative from the Board of Marriage and Family Therapy;
(4) one representative from the Board of Behavioral Health and Therapy;
(5) one representative from the Board of Social Work;
(6) three members representing undergraduate- and graduate-level mental health professional education programs, one appointed by the governor, one appointed by the speaker of the house of representatives, and one appointed by the senate majority leader;
(7) three mental health providers who are members of communities of color or underrepresented communities, as defined in section 148E.010, subdivision 20, one appointed by the governor, one appointed by the speaker of the house of representatives, and one appointed by the senate majority leader;
(8) two members representing mental health advocacy organizations, appointed by the governor;
(9) two mental health providers, appointed by the governor; and
(10) one expert in providing training and education in cultural competency and cultural responsiveness, appointed by the governor.
(b) Appointments to the task force must be made no later than June 1, 2022.
(c) Member compensation and reimbursement for expenses are governed by section 15.059, subdivision 3.
The members of the task force must elect two cochairs of the task force no earlier than July 1, 2022, and the cochairs must convene the first meeting of the task force no later than August 15, 2022. The task force must meet upon the call of the cochairs, sufficiently often to accomplish the duties identified in this section. The task force is subject to the open meeting law under chapter 13D.
The Department of Human Services must provide administrative support and meeting space for the task force.
No later than January 1, 2023, and by January 1 of each year thereafter, the task force must submit a written report to the members of the legislative committees with jurisdiction over health and human services on the recommendations developed under subdivision 1.
The task force expires on January 1, 2025.
245.4905 FIRST EPISODE OF PSYCHOSIS GRANT PROGRAM.
The first episode of psychosis grant program is established in the Department of Human Services to fund evidence-based interventions for youth at risk of developing or experiencing a first episode of psychosis and a public awareness campaign on the signs and symptoms of psychosis. First episode of psychosis services are eligible for children's mental health grants as specified in section 245.4889, subdivision 1, paragraph (b), clause (15).
(a) All first episode of psychosis grant programs must:
(1) provide intensive treatment and support for adolescents and adults experiencing or at risk of experiencing a first psychotic episode. Intensive treatment and support includes medication management, psychoeducation for an individual and an individual's family, case management, employment support, education support, cognitive behavioral approaches, social skills training, peer support, crisis planning, and stress management;
(2) conduct outreach and provide training and guidance to mental health and health care professionals, including postsecondary health clinicians, on early psychosis symptoms, screening tools, and best practices;
(3) ensure access for individuals to first psychotic episode services under this section, including access for individuals who live in rural areas; and
(4) use all available funding streams.
(b) Grant money may also be used to pay for housing or travel expenses for individuals receiving services or to address other barriers preventing individuals and their families from participating in first psychotic episode services.
Program activities must be provided to people 15 to 40 years old with early signs of psychosis.
Evaluation of program activities must utilize evidence-based practices and must include the following outcome evaluation criteria:
(1) whether individuals experience a reduction in psychotic symptoms;
(2) whether individuals experience a decrease in inpatient mental health hospitalizations; and
(3) whether individuals experience an increase in educational attainment.
The commissioner of human services must comply with all conditions and requirements necessary to receive federal aid or grants.
245.4906 MENTAL HEALTH CERTIFIED PEER SPECIALIST GRANT PROGRAM.
The commissioner of human services must establish a mental health certified peer specialist grant program to provide funding for the training of mental health certified peer specialists who provide services to support individuals with lived experience of mental illness under section 256B.0615.
An eligible applicant is a licensed entity or provider that employs a mental health certified peer specialist qualified under section 245I.04, subdivision 10, and that provides services to individuals receiving assertive community treatment or intensive residential treatment services under section 256B.0622, adult rehabilitative mental health services under section 256B.0623, or crisis response services under section 256B.0624.
Grantees must use grant funding to provide training for mental health certified peer specialists as specified in section 256B.0615, subdivision 5.
(a) Grantees must provide an annual report to the commissioner for the purposes of evaluating the effectiveness of the grant program. The report must include:
(1) the number of mental health certified peer specialists who received training using the grant funds under this section; and
(2) the extent to which individuals receiving peer services experienced progress on achieving treatment goals and experienced a reduction in hospital admissions.
(b) The commissioner must submit the results of the evaluation to the chairs and ranking minority members of the legislative committees with jurisdiction over mental health.
245.4907 MENTAL HEALTH CERTIFIED FAMILY PEER SPECIALIST GRANT PROGRAM.
The commissioner of human services must establish a mental health certified peer family specialist grant program to provide funding for training for mental health certified peer family specialists who provide services to support individuals with lived experience of mental illness under section 256B.0616.
An eligible applicant is a licensed entity or provider that employs a mental health certified peer family specialist qualified under section 245I.04, subdivision 12, and that provides services to families who have a child:
(1) with an emotional disturbance or severe emotional disturbance under chapter 245;
(2) receiving inpatient hospitalization under section 256B.0625, subdivision 1;
(3) admitted to a residential treatment facility under section 245.4882;
(4) receiving children's intensive behavioral health services under section 256B.0946;
(5) receiving day treatment or children's therapeutic services and supports under section 256B.0943; or
(6) receiving crisis response services under section 256B.0624.
Grantees must use grant funding to provide training for mental health certified family peer specialists as specified in section 256B.0616, subdivision 5.
(a) Grantees must provide an annual report to the commissioner for the purposes of evaluating the effectiveness of the grant program. The report must include:
(1) the number of mental health certified peer specialists who received training using the grant funds under this section; and
(2) the extent to which individuals receiving family peer services experienced progress on achieving treatment goals and experienced a reduction in hospital admissions.
(b) The commissioner must submit the results of the evaluation to the chairs and ranking minority members of the legislative committees with jurisdiction over mental health.
245.491 CITATION; DECLARATION OF PURPOSE.
Sections 245.491 to 245.495 may be cited as "the children's mental health integrated fund."
The legislature finds that children with emotional or behavioral disturbances or who are at risk of suffering such disturbances often require services from multiple service systems including mental health, social services, education, corrections, juvenile court, health, and employment and economic development. In order to better meet the needs of these children, it is the intent of the legislature to establish an integrated children's mental health service system that:
(1) allows local service decision makers to draw funding from a single local source so that funds follow clients and eliminates the need to match clients, funds, services, and provider eligibilities;
(2) creates a local pool of state, local, and private funds to procure a greater medical assistance federal financial participation;
(3) improves the efficiency of use of existing resources;
(4) minimizes or eliminates the incentives for cost and risk shifting; and
(5) increases the incentives for earlier identification and intervention.
The children's mental health integrated fund established under sections 245.491 to 245.495 must be used to develop and support this integrated mental health service system. In developing this integrated service system, it is not the intent of the legislature to limit any rights available to children and their families through existing federal and state laws.
245.4931 INTEGRATED LOCAL SERVICE SYSTEM.
The integrated service system established by the local children's mental health collaborative must:
(1) include a process for communicating to agencies in the local system of care eligibility criteria for services received through the local children's mental health collaborative and a process for determining eligibility. The process shall place strong emphasis on outreach to families, respecting the family role in identifying children in need, and valuing families as partners;
(2) include measurable outcomes, timelines for evaluating progress, and mechanisms for quality assurance and appeals;
(3) involve the family, and where appropriate the individual child, in developing multiagency service plans to the extent required in sections 125A.08; 245.4871, subdivision 21; 245.4881, subdivision 4; 253B.03, subdivision 7; 260C.212, subdivision 1; and 260C.201, subdivision 6;
(4) meet all standards and provide all mental health services as required in sections 245.487 to 245.4889, and ensure that the services provided are culturally appropriate;
(5) spend funds generated by the local children's mental health collaborative as required in sections 245.491 to 245.495;
(6) encourage public-private partnerships to increase efficiency, reduce redundancy, and promote quality of care; and
(7) ensure that, if the county participant of the local children's mental health collaborative is also a provider of child welfare targeted case management as authorized by the 1993 legislature, then federal reimbursement received by the county for child welfare targeted case management provided to children served by the local children's mental health collaborative must be directed to the integrated fund.
245.4932 REVENUE ENHANCEMENT; AUTHORITY AND RESPONSIBILITIES.
The children's mental health collaborative shall have the following authority and responsibilities regarding federal revenue enhancement:
(1) the collaborative must establish an integrated fund;
(2) the collaborative shall designate a lead county or other qualified entity as the fiscal agency for reporting, claiming, and receiving payments;
(3) the collaborative or lead county may enter into subcontracts with other counties, school districts, special education cooperatives, municipalities, and other public and nonprofit entities for purposes of identifying and claiming eligible expenditures to enhance federal reimbursement;
(4) the collaborative shall use any enhanced revenue attributable to the activities of the collaborative, including administrative and service revenue, solely to provide mental health services or to expand the operational target population. The lead county or other qualified entity may not use enhanced federal revenue for any other purpose;
(5) the collaborative or lead county must develop and maintain an accounting and financial management system adequate to support all claims for federal reimbursement, including a clear audit trail and any provisions specified in the contract with the commissioner of human services;
(6) the collaborative or its members may elect to pay the nonfederal share of the medical assistance costs for services designated by the collaborative; and
(7) the lead county or other qualified entity may not use federal funds or local funds designated as matching for other federal funds to provide the nonfederal share of medical assistance.
[Repealed, 2014 c 262 art 3 s 18]
[Repealed, 2014 c 262 art 3 s 18]
[Repealed, 2014 c 262 art 3 s 18]
245.495 ADDITIONAL FEDERAL REVENUES.
(a) Each local children's mental health collaborative shall report expenditures eligible for federal reimbursement in a manner prescribed by the commissioner of human services under section 256.01, subdivision 2, paragraph (o). The commissioner of human services shall pay all funds earned by each local children's mental health collaborative to the collaborative. Each local children's mental health collaborative must use these funds to expand the operational target population or to develop or provide mental health services through the local integrated service system to children in the target population. Funds may not be used to supplant funding for services to children in the target population.
For purposes of this section, "mental health services" are community-based, nonresidential services, which may include respite care, that are identified in the child's multiagency plan of care.
(b) The commissioner may set aside a portion of the federal funds earned under this section to repay the special revenue maximization account under section 256.01, subdivision 2, paragraph (o). The set-aside must not exceed five percent of the federal reimbursement earned by collaboratives and repayment is limited to:
(1) the costs of developing and implementing sections 245.491 to 245.495, including the costs of technical assistance from the Departments of Human Services, Education, Health, and Corrections to implement the children's mental health integrated fund;
(2) programming the information systems; and
(3) any lost federal revenue for the central office claim directly caused by the implementation of these sections.
(c) Any unexpended funds from the set-aside described in paragraph (b) shall be distributed to counties.
245.53 TRANSMITTAL OF COPIES OF ACT.
Duly authenticated copies of sections 245.51 to 245.53 shall, upon its approval, be transmitted by the secretary of state to the governor of each state, the Attorney General and the Secretary of State of the United States, and the Council of State Governments.
245.52 COMMISSIONER OF HUMAN SERVICES AS COMPACT ADMINISTRATOR.
The commissioner of human services is hereby designated as "compact administrator." The commissioner shall have the powers and duties specified in the compact, and may, in the name of the state of Minnesota, subject to the approval of the attorney general as to form and legality, enter into such agreements authorized by the compact as the commissioner deems appropriate to effecting the purpose of the compact. The commissioner shall, within the limits of the appropriations for the care of persons with mental illness or developmental disabilities, authorize such payments as are necessary to discharge any financial obligations imposed upon this state by the compact or any agreement entered into under the compact.
If the patient has no established residence in a Minnesota county, the commissioner shall designate the county of financial responsibility for the purposes of carrying out the provisions of the Interstate Compact on Mental Health as it pertains to patients being transferred to Minnesota. The commissioner shall designate the county which is the residence of the person in Minnesota who initiates the earliest written request for the patient's transfer.
245.62 COMMUNITY MENTAL HEALTH CENTER.
Any city, county, town, combination thereof, or private nonprofit corporation may establish a community mental health center.
A community mental health center is a private nonprofit corporation or public agency approved under the standards of section 256B.0625, subdivision 5.
MS 2020 [Repealed, 2021 c 30 art 17 s 113]
MS 2020 [Repealed, 2021 c 30 art 17 s 113]
245.61 COUNTY BOARDS; GRANTS FOR LOCAL MENTAL HEALTH PROGRAMS.
County boards are hereby authorized to make grants to public or private agencies to establish and operate local mental health programs to provide the following services: (a) collaborative and cooperative services with public health and other groups for programs of prevention of mental illness, developmental disability, alcoholism, and other psychiatric disabilities; (b) informational and educational services to the general public, and lay and professional groups; (c) consultative services to schools, courts and health and welfare agencies, both public and private, including diagnostic evaluation of cases from juvenile courts; (d) outpatient diagnostic and treatment services; (e) rehabilitative services for patients suffering from mental or emotional disorders, developmental disability, alcoholism, and other psychiatric conditions particularly those who have received prior treatment in an inpatient facility; (f) detoxification in alcoholism evaluation and service facilities.
245.66 COMMUNITY MENTAL HEALTH CENTER BOARDS.
Every city, county, town, combination thereof or nonprofit corporation establishing a community mental health center shall establish a community mental health center board. The community mental health center board may include county commissioner representatives from each participating county and shall be representative of the local population, including at least health and human service professions and advocate associations, other fields of employment, and the general public. Each community mental health center board shall be responsible for the governance and performance of its center.
245.71 CONDITIONS TO FEDERAL AID FOR MENTALLY ILL.
The commissioner of human services may comply with all conditions and requirements necessary to receive federal aid or block grants with respect to the establishment, construction, maintenance, equipment or operation, for all the people of this state, of adequate facilities and services as specified in section 245.70.
[Repealed by amendment, 2007 c 133 art 2 s 8]