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You are receiving this email because you are the authorized agent of a DHS-certified mental health clinic.
Governor Walz recently signed four bills into law that include several changes that impact certified mental health clinics. This email contains an overview of the changes to certification requirements that impact clinics. These are only summaries, please reference the link to session law at the end of each section for the specific requirements. We will email you a full implementation plan later this summer that will provide additional details about the changes.
Client Rights–Prohibits discrimination based on gender identity
Adds the right to be free from discrimination based on the person’s gender identity. Additionally, the changes clarify language by adding the term sex to the list. This aligns with broader changes made to the Minnesota Human Rights Act. See MN Laws, Chapter 52, Article 19, Section 44.
Case reviews
Discontinues requirement for a mental health clinic to perform case reviews for clients receiving services from a mental health practitioner or clinical trainee every two months. See MN Laws, Chapter 70, Article 9, Section 21.
Evaluation and management psychiatry services
Allows for psychiatry billed as evaluation and management (E/M) services to not meet requirements for a diagnostic assessment and treatment plan, so long as documentation is consistent with Current Procedural Terminology (CPT) guidance from the American Medical Association (AMA). See MN Laws, Chapter 70, Article 9, Section 22.
Training for Clinical Trainees
Clinical Trainees no longer required to receive certain trainings within first 90 days of direct contact services. See MN Laws, Chapter 70, Article 9, Section 9.
Documentation standards
Elements required in documentation are clarified. A treatment supervisor may take up to 10 business days instead of 5 to approve Diagnostic Assessments, Individual Treatment Plans, etc. See MN Laws, Chapter 70, Article 9, Sections 10 and 11.
Diagnostic Assessments
Provisions for updating a client’s diagnostic assessment are clarified. Annual repetition of diagnostic assessment not required, unless requested by the client or current condition has changed or does not match diagnostic criteria for current diagnosis. Brief diagnostic assessments may be used for children under 6. Standard Diagnostic Assessments do not require completion of the CASII or ECSII. See MN Laws, Chapter 70, Article 9, Sections 13-16.
Treatment Plans
Clarifies sequence when treatment plans are completed. After a diagnostic assessment is completed or obtained from another provider, a provider may see the client for the purpose of completing the treatment plan. See MN Laws, Chapter 70, Article 9, Sections 17-18.
Progress notes
Progress note requirements are simplified by eliminating the redundant term service modality. See MN Laws, Chapter 70, Article 9, Section 12.
Medication Policies
Only Schedule II drugs require separate storage. Schedule II to V drugs require a documentation procedure, which does not need to occur each shift. The registered nurse or licensed prescriber responsible for overseeing storage and administration of medications must develop a documentation procedure that describes how frequently to account for the medications. A certification holder that stores, prescribes, or administers medications does not need to obtain renewals as a certification requirement. See MN Laws, Chapter 70, Article 9, Sections 19-20.
Opioid overdose medication
All programs must maintain a supply of an opiate antagonist (example, naloxone or Narcan) that is available at the program for the emergency treatment of an opioid overdose. Programs must have a standing order protocol to maintain a supply of the medication on site. Staff must receive training on the specific mode for administering the medication used at the program. See MN Laws, Chapter 61, Article 5, Section 6.
Diagnostic assessments–additional information
All providers must document additional information in a diagnostic assessment. This includes additional details about immediate risks to the client’s health and safety as well as several items about any history of substance use or substance use disorder treatment. See MN Laws, Chapter 50, Article 2, Section 21.
More details will be provided in the forthcoming implementation plan. If you have questions before then, please contact your licensor directly or email dhs.mhcdlicensing@state.mn.us.
The Minnesota Legislature has extended telehealth services via audio only through July 1, 2025. Refer to the Telehealth Services section of the Minnesota Health Care Programs (MHCP) Provider Manual under the Overview, Covered Services and Billing headings for more information. Call the MHCP Provider Resource Center at 651-431-2700 or 800-366-5411 if you have questions.
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