1.1.................... moves to amend H.F. No. 986 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2008, section 245.4835, is amended to read:
1.5    Subdivision 1. Required expenditures. (a) Counties must maintain a level of
1.6expenditures for mental health services under sections 245.461 to 245.484 and 245.487 to
1.7245.4889 so that each year's county expenditures are at least equal to that county's average
1.8expenditures for those services for calendar years 2004 and 2005. The commissioner will
1.9adjust each county's base level for minimum expenditures in each year by the amount of
1.10any increase or decrease in that county's state grants or other noncounty revenues for
1.11mental health services under sections 245.461 to 245.484 and 245.487 to 245.4889.
1.12(b) In order to simplify administration and improve budgeting predictability, the
1.13commissioner shall:
1.14(1) use each county's actual prior year revenues to adjust the county's minimum
1.15required expenditures for the coming year;
1.16(2) allocate each county's revenues proportionally across applicable expenditures;
1.18(3) adjust each county's base to allow for major changes in state or federal block
1.19grants or other revenues that can be used for mental health services, but are not dedicated
1.20to mental health; in this case, the commissioner shall calculate the mental health share of
1.21total county expenditures which were eligible to be funded from that revenue source in the
1.22base year and then use that mental health share to allocate the change in those revenues to
1.23mental health. This clause applies to changes in revenues that are beyond the county's
1.24control and expires December 31, 2011.
1.25(c) In order to simplify administration and improve budgeting predictability, the
1.26commissioner may:
2.1(1) use more current information regarding major changes in revenues if the change
2.2is known early enough to allow counties time to adjust their budgets; and
2.3(2) adjust a county's base if the county's population is declining and the county's per
2.4capita mental health expenditures are higher than the state average.
2.5    Subd. 2. Failure to maintain expenditures. (a) If a county does not comply with
2.6subdivision 1, the commissioner shall require the county to develop a corrective action plan
2.7according to a format and timeline established by the commissioner. If the commissioner
2.8determines that a county has not developed an acceptable corrective action plan within
2.9the required timeline, or that the county is not in compliance with an approved corrective
2.10action plan, the protections provided to that county under section 245.485 do not apply.
2.11(b) The commissioner shall consider the following factors to determine whether to
2.12approve a county's corrective action plan:
2.13(1) the degree to which a county is maximizing revenues for mental health services
2.14from noncounty sources;
2.15(2) the degree to which a county is expanding use of alternative services which meet
2.16mental health needs but do not count as mental health services within existing reporting
2.17systems. If approved by the commissioner, the alternative services must be included in the
2.18county's base as well as subsequent years. The commissioner's approval for alternative
2.19services must be based on the following criteria:
2.20(i) the services must be provided to children with emotional disturbance or adults
2.21with mental illness;
2.22(ii) the services must be based on an individual treatment plan or individual family
2.23community support plan, as defined in section 425.4871;
2.24(iii) the services must be supervised by a mental health professional and provided by
2.25staff who meet the staff qualifications defined in sections 256B.0943, subdivision 7, and
2.26256B.0622, subdivision 5; and
2.27(iv) additional county expenditures to make up for the prior year's underspending
2.28may be spread out over a two-year period.
2.29    Subd. 3. Performance measurement. The commissioner shall develop an interim
2.30report by January 15, 2010, followed by a final report by January 15, 2011, to the chairs of
2.31the house of representatives and senate committees with jurisdiction over mental health,
2.32regarding county performance measures for mental health. The report must include
2.33recommendations as to whether, and which, any measures may substitute for all or part
2.34of the fiscal maintenance of effort requirements in subdivision 1. The commissioner
2.35shall consult with county and mental health advocacy representatives in developing the
2.36reports and recommendations."