|
You are receiving this email because you are the authorized agent of a DHS-licensed Intensive Residential Treatment Services or Residential Crisis Stabilization program program.
Governor Walz signed legislation that includes several provisions that that impact IRTS and RCS program programs. 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.
Temporary licensing moratorium. DHS has the discretion to implement a temporary licensing moratorium when it determines that exceptional growth in applications for licensure or requests to add new services exceeds the determined need for service capacity. Laws of MN, 1st special session, chapter 9, article 10, 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 bill of rights. Clarifies the applicability of the health care bill of rights to apply to clients in all similarly licensed programs. Laws of MN 2025, chapter 38, article 5, section 4.
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, sections 27
License application and renewal fees. Effective January 1, 2026, license application fees for 245G licenses will increase to $2,100. License renewal fees will also increase, based on licensed capacity. Session law clarifies that the maximum number and ages of persons that may receive services from the program includes persons served at satellite locations. For renewal fees for nonresidential programs who do not have a licensed capacity, there will be more information forthcoming in the implementation plans. Laws of MN, 2025, 1st special session, chapter 9, article 10, sections 2, 6 and 8
Change of ownership. DHS may complete a review when owners on a license change. Whenever there is any change to ownership, the license holder must notify DHS of the change. License holders will be charged a fee for each license subject to the change of ownership exception under section 245A.043, subdivision 2, paragraph (b). License holders will be charged a fee of $2,100, and 245D license holders will be charged $4,200. Laws of MN, 2025, 1st special session, chapter 9, article 10, sections 3 and 7
Child passenger restraint systems training. Aligns training language with 2024 legislative changes to require children up to age 9 to use a child passenger restraint. Laws of MN, 2025, chapter 3, article 14, sections 9 and 13
See Laws of MN, 2025, 1st Spec. Sess. chapter 9, article 4, sections 5, 11-15, 17, 18
Treatment service. Statute describing the treatment services that programs must offer was amended as part of implementing the ASAM 4th edition criteria in assessment, treatment planning and service delivery for SUD treatment. The change applies to both residential and nonresidential programs. The amended section distinguishes treatment services and supportive services, with examples of supportive services.
Psychosocial treatment service. Adds a description of psychosocial treatment services, which must be provided as part of the client’s individual treatment. The services include individual and group counseling services as well as psychoeducation services.
Treatment coordination. Describes what is included in treatment coordination services provided by a treatment coordination provider. The services include coordinating directly with others involved in the client's treatment and recovery, providing clients with training and facilitating connections to community resources that support recovery, assisting clients in obtaining necessary resources and services, helping clients connect and engage with self-help support groups, and assisting clients in transitioning between levels of care.
Ancillary treatment service. Describes ancillary treatment services, which may be provided in addition to the hours of psychosocial treatment services. The services include recovery support services, supporting clients in daily living skills, life skills, and restoring daily functioning and routes, helping clients respond to or address triggers, and peer recovery support services.
Treatment service providers: Describes which type of qualified staff must provide each type of treatment service.
Paraprofessionals: Clarifies the description of paraprofessional, including tasks and responsibilities.
Behavioral health practitioners: Adds a new staff type that meets the qualifications for mental health practitioner as described in 245I.04, subd. 4. Describes the scope of practice for a behavioral health practitioner, including supervision requirements. Behavioral health practitioners may provide clients with recovery support services.
Definition of individual counseling. Adds a definition of individual counseling, meaning professionally led psychotherapeutic treatment for substance use disorders that is delivered in a one-to-one setting or in a setting with the client and the client's family and other natural supports.
Compliance education. Starting in 2027, DHS will make licensing compliance education available to all license holders. Laws of MN, 2025 1st special session, chapter 9, article 2, section 2
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.
|
