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DHS policy bill passes, heads to Governor for signing

Dozens of policy changes to numerous laws governing everything from the Office of Ombudsman for Long-Term Care to Assertive Community Treatment teams would be implemented under a bill passed by the House Friday.

Sponsored by Rep. Tony Albright (R-Prior Lake) and Sen. Melissa Wiklund (DFL-Bloomington), HF3199/SF2414* would modify state law to accommodate policy changes sought by the Department of Human Services. The department suggests language tweaks to the Legislature annually to address issues it encounters with existing law.

Passed 130-0, the amended bill returns to the Senate where it was originally passed 64-0 April 27.

Albright amended the bill to insert the House language. Other amendments successfully added to the bill include:

  • extending the duty a psychologist’s duty to report a patient make specific threats of harm to include practicum psychology students, predoctoral psychology interns and individual with doctoral degrees completing their postdoctoral supervised psychological employment; and
  • requiring a clinician or clinic’s renewal of certification to be classified health care homes every three years instead of renewing annually.

 

Long-Term Care

A section of the bill focuses clarifying the Office of Ombudsman for Long-Term Care as an entity distinct from any other state agency to better align with new federal rules. Currently, the office is housed in state law under the Board of Aging. The bill would modify language in numerous laws, including removing some of the board’s authority over the office.

The office works to improve quality of life and long-term care by advocating for reforms to state law, federal law and administrative policy.

Under the bill, the office would gain the authority to examine certain long-term care facility and state records related to a specific case it is investigation. However, the office would only be able to obtain the records without consent of a patient’s legal guardian if the office believes the guardian is not acting in the best interest of the client.

 

Chemical, mental health

The Department of Human Services would be required, under the bill, to draft reforms to the state’s substance use disorder treatment system to ensure a full continuum of care for patients. A progress report would be presented to the Legislature by Feb. 1, 2017.

Assertive Community Treatment teams, which provide intensive nonresidential treatment and rehabilitative mental health services, would have their governing language in various laws modified or clarified to establish them as distinct from intensive residential treatment services, or IRTS, and to establish specific requirements of operation. The bill would similarly clarify standards for IRTS services.

The ACT team changes requirements would include:

  • ACT team members being certified by the state;
  • a diagnostic assessment and a 30-day treatment plan to be completed by the day of the client’s admission; and
  • require ACT services be provided at least 75 percent of all services outside an office or facility setting.

The bill’s eligibility requirement for ACT services would require the individual to be at least 18 years old, diagnosed with a psychotic disorder or bipolar disorder and confirmed to have both significant function impairment and a need for continuous high-intensity services. A mental health professional would also have to provide documentation that no other community resource is available to provide treatment as effectively. The commissioner of human services could approve a 16 or 17 year old for participation if they meet the requirements.

 

Other items

The departments of human services, education, employment and economic development and information technology would be required to collaborate and develop an action plan to increase community integration of people with disabilities. The recommendations would be presented to the Legislature by Jan. 1, 2017. The plan would be part of the state’s Olmsted Plan.

Similarly, the Department of Human Services would be required to design comprehensive housing services to support an individual's ability to obtain or maintain stable housing. The services would focus on reducing homelessness and improving both health and stability for individuals.

The bill would also the department more flexibility in determining whether a county or service delivery authority has a performance disparity related to a racial or ethnic subgroup and imposing a performance improvement plan to correct the disparity

The other items included in this section would:

  • prohibit members of the Child Fatality and Near Fatality Review Team from disclosing what transpired during the review, except to carry out the purpose of the team. The bill classifies the data as records as protected nonpublic data and not subject to discovery;
  • allow more flexibility in the department granting a variance to an adult foster care facilities or  community residential settings facilities, including allowing up to five beds for respite or emergency crisis services;
  • eliminate the requirement that a drive for group residential housing must have Minnesota license, which would allow border town facilities to allow drivers with a license from a nearby state to operate a vehicle for them;
  • establish the Minnesota Eligibility System Executive Steering Committee to govern the state’s eligibility system, which is used to determine eligibility for and enroll certain individuals in qualified health plans and public health care programs; and
  • add certain certified osteopathic physicians to the state definition for mental health professionals.

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