1.1    .................... moves to amend H.F. No. 297, the first committee engrossment, as
1.2follows:
1.3Page 234, after line 32, insert:

1.4    "Sec. 2. Minnesota Statutes 2006, section 245.465, is amended by adding a subdivision
1.5to read:
1.6    Subd. 3. Responsibility not duplicated. For individuals who have health care
1.7coverage, the county board is not responsible for providing mental health services which
1.8are within the limits of the individual's health care coverage.

1.9    Sec. 3. Minnesota Statutes 2006, section 245.4874, is amended to read:
1.10245.4874 DUTIES OF COUNTY BOARD.
1.11    Subdivision 1. Duties of the county board. (a) The county board must:
1.12    (1) develop a system of affordable and locally available children's mental health
1.13services according to sections 245.487 to 245.4887;
1.14    (2) establish a mechanism providing for interagency coordination as specified in
1.15section 245.4875, subdivision 6;
1.16    (3) consider the assessment of unmet needs in the county as reported by the local
1.17children's mental health advisory council under section 245.4875, subdivision 5, paragraph
1.18(b), clause (3). The county shall provide, upon request of the local children's mental health
1.19advisory council, readily available data to assist in the determination of unmet needs;
1.20    (4) assure that parents and providers in the county receive information about how to
1.21gain access to services provided according to sections 245.487 to 245.4887;
1.22    (5) coordinate the delivery of children's mental health services with services
1.23provided by social services, education, corrections, health, and vocational agencies to
1.24improve the availability of mental health services to children and the cost-effectiveness of
1.25their delivery;
2.1    (6) assure that mental health services delivered according to sections 245.487
2.2to 245.4887 are delivered expeditiously and are appropriate to the child's diagnostic
2.3assessment and individual treatment plan;
2.4    (7) provide the community with information about predictors and symptoms of
2.5emotional disturbances and how to access children's mental health services according to
2.6sections 245.4877 and 245.4878;
2.7    (8) provide for case management services to each child with severe emotional
2.8disturbance according to sections 245.486; 245.4871, subdivisions 3 and 4; and 245.4881,
2.9subdivisions 1, 3, and 5 ;
2.10    (9) provide for screening of each child under section 245.4885 upon admission
2.11to a residential treatment facility, acute care hospital inpatient treatment, or informal
2.12admission to a regional treatment center;
2.13    (10) prudently administer grants and purchase-of-service contracts that the county
2.14board determines are necessary to fulfill its responsibilities under sections 245.487 to
2.15245.4887 ;
2.16    (11) assure that mental health professionals, mental health practitioners, and case
2.17managers employed by or under contract to the county to provide mental health services
2.18are qualified under section 245.4871;
2.19    (12) assure that children's mental health services are coordinated with adult mental
2.20health services specified in sections 245.461 to 245.486 so that a continuum of mental
2.21health services is available to serve persons with mental illness, regardless of the person's
2.22age;
2.23    (13) assure that culturally informed mental health consultants are used as necessary
2.24to assist the county board in assessing and providing appropriate treatment for children of
2.25cultural or racial minority heritage; and
2.26    (14) consistent with section 245.486, arrange for or provide a children's mental
2.27health screening to a child receiving child protective services or a child in out-of-home
2.28placement, a child for whom parental rights have been terminated, a child found to be
2.29delinquent, and a child found to have committed a juvenile petty offense for the third or
2.30subsequent time, unless a screening has been performed within the previous 180 days, or
2.31the child is currently under the care of a mental health professional. The court or county
2.32agency must notify a parent or guardian whose parental rights have not been terminated of
2.33the potential mental health screening and the option to prevent the screening by notifying
2.34the court or county agency in writing. The screening shall be conducted with a screening
2.35instrument approved by the commissioner of human services according to criteria that
2.36are updated and issued annually to ensure that approved screening instruments are valid
3.1and useful for child welfare and juvenile justice populations, and shall be conducted
3.2by a mental health practitioner as defined in section 245.4871, subdivision 26, or a
3.3probation officer or local social services agency staff person who is trained in the use of
3.4the screening instrument. Training in the use of the instrument shall include training in the
3.5administration of the instrument, the interpretation of its validity given the child's current
3.6circumstances, the state and federal data practices laws and confidentiality standards, the
3.7parental consent requirement, and providing respect for families and cultural values.
3.8If the screen indicates a need for assessment, the child's family, or if the family lacks
3.9mental health insurance, the local social services agency, in consultation with the child's
3.10family, shall have conducted a diagnostic assessment, including a functional assessment,
3.11as defined in section 245.4871. The administration of the screening shall safeguard the
3.12privacy of children receiving the screening and their families and shall comply with the
3.13Minnesota Government Data Practices Act, chapter 13, and the federal Health Insurance
3.14Portability and Accountability Act of 1996, Public Law 104-191. Screening results shall be
3.15considered private data and the commissioner shall not collect individual screening results.
3.16    (b) When the county board refers clients to providers of children's therapeutic
3.17services and supports under section 256B.0943, the county board must clearly identify
3.18the desired services components not covered under section 256B.0943 and identify the
3.19reimbursement source for those requested services, the method of payment, and the
3.20payment rate to the provider.
3.21    Subd. 2. Responsibility not duplicated. For individuals who have health care
3.22coverage, the county board is not responsible for providing mental health services which
3.23are within the limits of the individual's health care coverage."
3.24Page 237, delete section 7
3.25Page 239, delete lines 32 to 34 and insert:
3.26    "Notwithstanding any administrative rule to the contrary, prepaid medical
3.27assistance, general assistance medical care, and MinnesotaCare include mental health case
3.28management. When the service is provided through prepaid capitation, the nonfederal
3.29share is paid by the state and the county pays no share."
3.30Page 240, line 4, after "earned" insert "for county expenditures"
3.31Page 240, line 11, after the period insert "When this service is paid by the state
3.32without a federal share through fee-for-service, 50 percent of the cost shall be provided
3.33by the state."
3.34Page 241, after line 10 insert:
4.1"EFFECTIVE DATE.This section is effective January 1, 2009, except the
4.2amendment to paragraph (i) is effective January 1, 2008."
4.3Page 241, after line 15, insert:

4.4    "Sec. 10. Minnesota Statutes 2006, section 256B.0945, subdivision 4, is amended to
4.5read:
4.6    Subd. 4. Payment rates. (a) Notwithstanding sections 256B.19 and 256B.041,
4.7payments to counties for residential services provided by a residential facility shall only
4.8be made of federal earnings for services provided under this section, and the nonfederal
4.9share of costs for services provided under this section shall be paid by the county from
4.10sources other than federal funds or funds used to match other federal funds. Payment to
4.11counties for services provided according to this section shall be a proportion of the per
4.12day contract rate that relates to rehabilitative mental health services and shall not include
4.13payment for costs or services that are billed to the IV-E program as room and board.
4.14    (b) Per diem rates paid to providers under this section by prepaid plans shall be the
4.15proportion of the per-day contract rate that relates to rehabilitative mental health services
4.16and shall not include payment for group foster care costs or services that are billed to the
4.17county of financial responsibility.
4.18    (c) The commissioner shall set aside a portion not to exceed five percent of the
4.19federal funds earned for county expenditures under this section to cover the state costs of
4.20administering this section. Any unexpended funds from the set-aside shall be distributed
4.21to the counties in proportion to their earnings under this section.
4.22EFFECTIVE DATE.This section is effective January 1, 2009."
4.23Page 245, after line 20, insert:
4.24"EFFECTIVE DATE.This section is effective January 1, 2008, except coverage
4.25for mental health case management under paragraph (a), clause (3), is effective January
4.261, 2009."
4.27Page 389, line 23, delete "$2,500,000" and insert "$1,250,000"
4.28Page 389, line 24, delete "$5,000,000" and insert "$2,500,000"
4.29Page 390, after line 22, insert:
4.30"Regional Children's Mental Health
4.31Initiative. $700,000 in fiscal year 2008 and
4.32$700,000 in fiscal year 2009 are appropriated
4.33to the commissioner of human services to
4.34fund the Regional Children's Mental Health
5.1Initiative pilot project. This is a onetime
5.2appropriation."