MN Stat § 256B.0944 (2021)
2021 Minnesota Statutes|Chapters 245 - 267 — Public Welfare And Related Activities|Chapter 256B — Medical Assistance For Needy Persons|Section 256B.0944 — Children's Mental Health Crisis Response Services.

256B.0944 CHILDREN'S MENTAL HEALTH CRISIS RESPONSE SERVICES. Subdivision 1. Definitions. For purposes of this section, the following terms have the meanings given them. (a) "Mental health crisis" means a child's behavioral, emotional, or psychiatric situation that, but for the provision of crisis response services to the child, would likely result in significantly reduced levels of functioning in primary activities of daily living, an emergency situation, or the child's placement in a more restrictive setting, including, but not limited to, inpatient hospitalization. (b) "Mental health emergency" means a child's behavioral, emotional, or psychiatric situation that causes an immediate need for mental health services and is consistent with section 62Q.55. A physician, mental health professional, or crisis mental health practitioner determines a mental health crisis or emergency for medical assistance reimbursement with input from the client and the client's family, if possible. (c) "Mental health crisis assessment" means an immediate face-to-face assessment by a physician, mental health professional, or mental health practitioner under the clinical supervision of a mental health professional, following a screening that suggests the child may be experiencing a mental health crisis or mental health emergency situation. (d) "Mental health mobile crisis intervention services" means face-to-face, short-term intensive mental health services initiated during a mental health crisis or mental health emergency. Mental health mobile crisis services must help the recipient cope with immediate stressors, identify and utilize available resources and strengths, and begin to return to the recipient's baseline level of functioning. Mental health mobile services must be provided on site by a mobile crisis intervention team outside of an inpatient hospital setting. (e) "Mental health crisis stabilization services" means individualized mental health services provided to a recipient following crisis intervention services that are designed to restore the recipient to the recipient's prior functional level. The individual treatment plan recommending mental health crisis stabilization must be completed by the intervention team or by staff after an inpatient or urgent care visit. Mental health crisis stabilization services may be provided in the recipient's home, the home of a family member or friend of the recipient, schools, another community setting, or a short-term supervised, licensed residential program if the service is not included in the facility's cost pool or per diem. Mental health crisis stabilization is not reimbursable when provided as part of a partial hospitalization or day treatment program. Subd. 2. Medical assistance coverage. Medical assistance covers medically necessary children's mental health crisis response services, subject to federal approval, if provided to an eligible recipient under subdivision 3, by a qualified provider entity under subdivision 4 or a qualified individual provider working within the provider's scope of practice, and identified in the recipient's individual crisis treatment plan under subdivision 8. Subd. 3. Eligibility. An eligible recipient is an individual who: (1) is eligible for medical assistance; (2) is under age 18 or between the ages of 18 and 21; (3) is screened as possibly experiencing a mental health crisis or mental health emergency where a mental health crisis assessment is needed; (4) is assessed as experiencing a mental health crisis or mental health emergency, and mental health mobile crisis intervention or mental health crisis stabilization services are determined to be medically necessary; and (5) meets the criteria for emotional disturbance or mental illness. Subd. 4. Provider entity standards. (a) A crisis intervention and crisis stabilization provider entity must meet the administrative and clinical standards specified in section 256B.0943, subdivisions 5 and 6, meet the standards listed in paragraph (b), and be: (1) an Indian health service facility or facility owned and operated by a tribe or a tribal organization operating under Public Law 93-638 as a 638 facility; (2) a county board-operated entity; or (3) a provider entity that is under contract with the county board in the county where the potential crisis or emergency is occurring. (b) The children's mental health crisis response services provider entity must: (1) ensure that mental health crisis assessment and mobile crisis intervention services are available 24 hours a day, seven days a week; (2) directly provide the services or, if services are subcontracted, the provider entity must maintain clinical responsibility for services and billing; (3) ensure that crisis intervention services are provided in a manner consistent with sections 245.487 to 245.4889; and (4) develop and maintain written policies and procedures regarding service provision that include safety of staff and recipients in high-risk situations. Subd. 4a. Alternative provider standards. If a provider entity demonstrates that, due to geographic or other barriers, it is not feasible to provide mobile crisis intervention services 24 hours a day, seven days a week, according to the standards in subdivision 4, paragraph (b), clause (1), the commissioner may approve a crisis response provider based on an alternative plan proposed by a provider entity. The alternative plan must: (1) result in increased access and a reduction in disparities in the availability of crisis services; and (2) provide mobile services outside of the usual nine-to-five office hours and on weekends and holidays. Subd. 5. Mobile crisis intervention staff qualifications. (a) To provide children's mental health mobile crisis intervention services, a mobile crisis intervention team must include: (1) at least two mental health professionals as defined in section 256B.0943, subdivision 1, paragraph (o); or (2) a combination of at least one mental health professional and one mental health practitioner as defined in section 245.4871, subdivision 26, with the required mental health crisis training and under the clinical supervision of a mental health professional on the team. (b) The team must have at least two people with at least one member providing on-site crisis intervention services when needed. Team members must be experienced in mental health assessment, crisis intervention techniques, and clinical decision making under emergency conditions and have knowledge of local services and resources. The team must recommend and coordinate the team's services with appropriate local resources, including the county social services agency, mental health service providers, and local law enforcement, if necessary. Subd. 6. Initial screening and crisis assessment planning. (a) Before initiating mobile crisis intervention services, a screening of the potential crisis situation must be conducted. The screening may use the resources of crisis assistance and emergency services as defined in sections 245.4871, subdivision 14, and 245.4879, subdivisions 1 and 2. The screening must gather information, determine whether a crisis situation exists, identify the parties involved, and determine an appropriate response. (b) If a crisis exists, a crisis assessment must be completed. A crisis assessment must evaluate any immediate needs for which emergency services are needed and, as time permits, the recipient's current life situation, sources of stress, mental health problems and symptoms, strengths, cultural considerations, support network, vulnerabilities, and current functioning. (c) If the crisis assessment determines mobile crisis intervention services are needed, the intervention services must be provided promptly. As the opportunity presents itself during the intervention, at least two members of the mobile crisis intervention team must confer directly or by telephone about the assessment, treatment plan, and actions taken and needed. At least one of the team members must be on site providing crisis intervention services. If providing on-site crisis intervention services, a mental health practitioner must seek clinical supervision as required under subdivision 9. (d) The mobile crisis intervention team must develop an initial, brief crisis treatment plan as soon as appropriate but no later than 24 hours after the initial face-to-face intervention. The plan must address the needs and problems noted in the crisis assessment and include measurable short-term goals, cultural considerations, and frequency and type of services to be provided to achieve the goals and reduce or eliminate the crisis. The crisis treatment plan must be updated as needed to reflect current goals and services. The team must involve the client and the client's family in developing and implementing the plan. (e) The team must document in progress notes which short-term goals have been met and when no further crisis intervention services are required. (f) If the client's crisis is stabilized, but the client needs a referral for mental health crisis stabilization services or to other services, the team must provide a referral to these services. If the recipient has a case manager, planning for other services must be coordinated with the case manager. Subd. 7. Crisis stabilization services. Crisis stabilization services must be provided by a mental health professional or a mental health practitioner, as defined in section 245.462, subdivision 17, who works under the clinical supervision of a mental health professional and for a crisis stabilization services provider entity and must meet the following standards: (1) a crisis stabilization treatment plan must be developed which meets the criteria in subdivision 8; (2) services must be delivered according to the treatment plan and include face-to-face contact with the recipient by qualified staff for further assessment, help with referrals, updating the crisis stabilization treatment plan, supportive counseling, skills training, and collaboration with other service providers in the community; and (3) mental health practitioners must have completed at least 30 hours of training in crisis intervention and stabilization during the past two years. Subd. 8. Treatment plan. (a) The individual crisis stabilization treatment plan must include, at a minimum: (1) a list of problems identified in the assessment; (2) a list of the recipient's strengths and resources; (3) concrete, measurable short-term goals and tasks to be achieved, including time frames for achievement of the goals; (4) specific objectives directed toward the achievement of each goal; (5) documentation of the participants involved in the service planning; (6) planned frequency and type of services initiated; (7) a crisis response action plan if a crisis should occur; and (8) clear progress notes on the outcome of goals. (b) The client, if clinically appropriate, must be a participant in the development of the crisis stabilization treatment plan. The client or the client's legal guardian must sign the service plan or documentation must be provided why this was not possible. A copy of the plan must be given to the client and the client's legal guardian. The plan should include services arranged, including specific providers where applicable. (c) A treatment plan must be developed by a mental health professional or mental health practitioner under the clinical supervision of a mental health professional. A written plan must be completed within 24 hours of beginning services with the client. Subd. 9. Supervision. (a) A mental health practitioner may provide crisis assessment and mobile crisis intervention services if the following clinical supervision requirements are met: (1) the mental health provider entity must accept full responsibility for the services provided; (2) the mental health professional of the provider entity, who is an employee or under contract with the provider entity, must be immediately available by telephone or in person for clinical supervision; (3) the mental health professional is consulted, in person or by telephone, during the first three hours when a mental health practitioner provides on-site service; and (4) the mental health professional must review and approve the tentative crisis assessment and crisis treatment plan, document the consultation, and sign the crisis assessment and treatment plan within the next business day. (b) If the mobile crisis intervention services continue into a second calendar day, a mental health professional must contact the client face-to-face on the second day to provide services and update the crisis treatment plan. The on-site observation must be documented in the client's record and signed by the mental health professional. Subd. 10. Client record. The provider must maintain a file for each client that complies with the requirements under section 256B.0943, subdivision 11, and contains the following information: (1) individual crisis treatment plans signed by the recipient, mental health professional, and mental health practitioner who developed the crisis treatment plan, or if the recipient refused to sign the plan, the date and reason stated by the recipient for not signing the plan; (2) signed release of information forms; (3) recipient health information and current medications; (4) emergency contacts for the recipient; (5) case records that document the date of service, place of service delivery, signature of the person providing the service, and the nature, extent, and units of service. Direct or telephone contact with the recipient's family or others should be documented; (6) required clinical supervision by mental health professionals; (7) summary of the recipient's case reviews by staff; and (8) any written information by the recipient that the recipient wants in the file. Subd. 11. Excluded services. The following services are excluded from reimbursement under this section: (1) room and board services; (2) services delivered to a recipient while admitted to an inpatient hospital; (3) transportation services under children's mental health crisis response service; (4) services provided and billed by a provider who is not enrolled under medical assistance to provide children's mental health crisis response services; (5) crisis response services provided by a residential treatment center to clients in their facility; (6) services performed by volunteers; (7) direct billing of time spent "on call" when not delivering services to a recipient; (8) provider service time included in case management reimbursement; (9) outreach services to potential recipients; and (10) a mental health service that is not medically necessary. History: 1Sp2003 c 14 art 4 s 9; art 11 s 11; 2007 c 147 art 8 s 38; 2009 c 79 art 7 s 22; 2009 c 167 s 21; 2013 c 59 art 1 s 6; 2018 c 128 s 9; 1Sp2020 c 2 art 2 s 24 NOTE: This section is repealed by Laws 2021, chapter 30, article 17, section 113, effective July 1, 2022, or upon federal approval, whichever is later. The commissioner of human services shall notify the revisor of statutes when federal approval is obtained. Laws 2021, chapter 30, article 17, section 114.