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You are receiving this email because you are the authorized agent of a DHS-licensed Residential Facilities for Adults with Mental Illness.
Governor Walz signed legislation that includes several provisions that that impact DHS-licensed Residential Facilities for Adults with Mental Illness. 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.
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
Effective August 1, 2025
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
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. License application fees for IRTS or RCS licenses will increase to $2,100. License renewal fees will also increase, based on licensed capacity in the fee schedule described in 245A.10 subd. 4 (e)). Laws of MN, 1st special session, chapter 9, article 10, sections 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). Laws of MN, 1st special session, chapter 9, article 10, sections 3 and 7
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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