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You are receiving this email because you are the authorized agent of a DHS-certified mental health clinic.
Governor Walz signed legislation that includes several provisions that that impact mental health clinics. This email contains an overview of the changes to requirements that impact these programs. 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.
Audio-only telehealth. For telehealth service provision, audio-only communication between providers and patients was extended until July 1, 2027. Laws of MN, 1st special session, chapter 3, article 8, section 1
Terminology change. Changes the terms “mental health practitioner” and “mental health practitioners” to “behavioral health practitioner” and “behavioral health practitioner” throughout Minnesota Statutes 245I. Laws of MN, 1st special session, chapter 9, article 4, section 56
Anti-kickback. The session law updates anti-kickback statutes to state that offering, giving, soliciting, or receiving anything of value to influence referrals or services could result in administrative sanctions, such as withholding payments or recovering overpayments. The session law also adds kickbacks to the MN criminal code. Laws of MN, chapter 38, article 5, sections 27, 28, and 32
Training on the program’s drug and alcohol policy. Beginning August 1, 2025, license holders must provide training to employees, subcontractors, and volunteers on the program’s drug and alcohol policy before the employee, subcontractor, or volunteer has direct contact with a person served by the program. Laws of MN, chapter 38, article 5, section 5
Overdose medication administration training. Clarifies that training on the use of opiate antagonists for emergency treatment of opioid overdose must occur before the staff person has direct contact with a person served by the program. Laws of MN, chapter 38, article 5, section 8.
Progress note approval. Clarifies progress note approvals for the direct observations of mental health behavioral aides and mental health rehabilitation workers. The staff person performing the direct observation must approve of the progress note twice per month for the first six months of employment and as needed and identified in a supervision plan thereafter. Approval may be given through an attestation that is stored in the employee file. Laws of MN, chapter 38, article 4, section 25
Tardive dyskinesia. Clarifies that initial training on medications, medication side effects, and additional training for medication administration must include training on tardive dyskinesia. Laws of MN, chapter 38, article 4, sections 23, 24 and 26
Client grievances. Clarifies that clients may voice grievances and recommend policy and service changes, free from restraint, interference, coercion, discrimination, or reprisal, including threat of discharge. Laws of MN, chapter 38, article 4, section 27
License application and renewal fees. Effective January 1, 2026, license application fees and annual renewal fees will increase for most programs licensed by DHS. Mental health clinics were exempt from application and renewal fee increases. Application fees remain at $500 (245A.10 subd. 3 (d)) and annual certification fees remain at $1,550. (245A.10 subd. 4 (i)). Laws of MN, 1st special session, chapter 9, article 10, sections 2, 6 and 8
Background studies
Updates on legislative changes related to background studies, as they become available, will be posted on the "What's new" for background studies webpage.
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