Health services technical changes (new law)

Clarifying definitions and technical changes to health and human services statutes regarding children’s mental health and other care services are in a new law signed May 8 by the governor.

Sponsored by Rep. Larry Hosch (DFL-St. Joseph) and Sen. Linda Higgins (DFL-Mpls), the changes include:

• clarifying definitions of “direct service time” and “skills training;”

• clarifying that providers of children’s therapeutic services must be certified and that therapeutic preschool programs are eligible programs;

• clarifying content, timing and responsibility for an individual treatment plan and responsibilities of a clinical supervisor;

• updating clinical supervision standards to include mental health behavioral aid services;

• clarifying legal responsibility for a licensed mental health professional for the actions of the behavioral aid, and clarifying that a behavioral aid may implement the child’s behavior and treatment plans;

• clarifying that children’s mental health day treatment must be available three hours per day, five days a week and 12 months of each calendar year;

• permitting a therapeutic preschool program to provide fewer than the minimum two-hour time block at least one day per week if a child is transitioning into, or out of, the program; and

• requiring that mental health behavioral aid services must be medically necessary and focused on treatment.

Changes to health care and continuing health care include:

• clarifying that the human services commissioner in conjunction with law enforcement and county human services agency officials will be responsible for detection and prevention of criminal activities in state programs;

• replacing “family” with “legal representative or other authorized representative” in relation to support grants;

• extending the authority of the American Indian Advisory Council four years to June 20, 2012; and

• extending the authority of the Citizens Advisory Council for chemical dependency treatment and prevention four years to June 30, 2012.

The law has various effective dates with the majority taking effect Aug. 1, 2008.

HF3435/SF3213*/CH286