Certified community behavioral health clinics.

(a) The commissioner shall establish a state certification process for certified community behavioral health clinics (CCBHCs) deleted text begin to be eligible for the prospective payment system in paragraph (f) deleted text end . Entities that choose to be CCBHCs must:

(1) comply with the CCBHC criteria published by the United States Department of Health and Human Services;

(2) employ or contract for clinic staff who have backgrounds in diverse disciplines, including licensed mental health professionals new text begin and licensed alcohol and drug counselors new text end , and staff who are culturally and linguistically trained to deleted text begin serve deleted text end new text begin meet new text end the needs of the deleted text begin clinic's patient deleted text end population new text begin the clinic serves new text end ;

(3) ensure that clinic services are available and accessible to deleted text begin patients deleted text end new text begin individuals and families new text end of all ages and genders and that crisis management services are available 24 hours per day;

(4) establish fees for clinic services for deleted text begin nonmedical assistance patients deleted text end new text begin individuals who are not enrolled in medical assistance new text end using a sliding fee scale that ensures that services to patients are not denied or limited due to deleted text begin a patient's deleted text end new text begin an individual's new text end inability to pay for services;

(5) comply with quality assurance reporting requirements and other reporting requirements, including any required reporting of encounter data, clinical outcomes data, and quality data;

(6) provide crisis mental health new text begin and substance use new text end services, withdrawal management services, emergency crisis intervention services, and stabilization services; screening, assessment, and diagnosis services, including risk assessments and level of care determinations; deleted text begin patient-centered deleted text end new text begin person- and family-centered new text end treatment planning; outpatient mental health and substance use services; targeted case management; psychiatric rehabilitation services; peer support and counselor services and family support services; and intensive community-based mental health services, including mental health services for members of the armed forces and veterans;

(7) provide coordination of care across settings and providers to ensure seamless transitions for deleted text begin patients deleted text end new text begin individuals being served new text end across the full spectrum of health services, including acute, chronic, and behavioral needs. Care coordination may be accomplished through partnerships or formal contracts with:

(i) counties, health plans, pharmacists, pharmacies, rural health clinics, federally qualified health centers, inpatient psychiatric facilities, substance use and detoxification facilities, or community-based mental health providers; and

(ii) other community services, supports, and providers, including schools, child welfare agencies, juvenile and criminal justice agencies, Indian health services clinics, tribally licensed health care and mental health facilities, urban Indian health clinics, Department of Veterans Affairs medical centers, outpatient clinics, drop-in centers, acute care hospitals, and hospital outpatient clinics;

(8) be certified as mental health clinics under section 245.69, subdivision 2 ;

deleted text begin (9) be certified to provide integrated treatment for co-occurring mental illness and substance use disorders in adults or children under Minnesota Rules, chapter 9533 , effective July 1, 2017; deleted text end

deleted text begin (10) deleted text end new text begin (9) new text end comply with standards relating to mental health services in Minnesota Rules, parts 9505.0370 to 9505.0372 new text begin , and section 256B.0671 new text end ;

deleted text begin (11) deleted text end new text begin (10) new text end be licensed to provide deleted text begin chemical dependency deleted text end new text begin substance use disorder new text end treatment under chapter 245G ;

deleted text begin (12) deleted text end new text begin (11) new text end be certified to provide children's therapeutic services and supports under section 256B.0943 ;

deleted text begin (13) deleted text end new text begin (12) new text end be certified to provide adult rehabilitative mental health services under section 256B.0623 ;

deleted text begin (14) deleted text end new text begin (13) new text end be enrolled to provide mental health crisis response services under deleted text begin section deleted text end new text begin sections new text end 256B.0624 new text begin and 256B.0944 new text end ;

deleted text begin (15) deleted text end new text begin (14) new text end be enrolled to provide mental health targeted case management under section 256B.0625, subdivision 20 ;

deleted text begin (16) deleted text end new text begin (15) new text end comply with standards relating to mental health case management in Minnesota Rules, parts 9520.0900 to 9520.0926 ; deleted text begin and deleted text end

deleted text begin (17) deleted text end new text begin (16) new text end provide services that comply with the evidence-based practices described in paragraph (e) deleted text begin . deleted text end new text begin ; and new text end

new text begin (17) comply with standards relating to peer services under sections 256B.0615, 256B.0616, and 245G.07, subdivision 1, paragraph (a), clause (5), as applicable when peer services are provided. new text end

(b) If an entity is unable to provide one or more of the services listed in paragraph (a), clauses (6) to (17), the commissioner may certify the entity as a CCBHC, if the entity has a current contract with another entity that has the required authority to provide that service and that meets federal CCBHC criteria as a designated collaborating organization, or, to the extent allowed by the federal CCBHC criteria, the commissioner may approve a referral arrangement. The CCBHC must meet federal requirements regarding the type and scope of services to be provided directly by the CCBHC.

(c) Notwithstanding any other law that requires a county contract or other form of county approval for certain services listed in paragraph (a), clause (6), a clinic that otherwise meets CCBHC requirements may receive the prospective payment under deleted text begin paragraph (f) deleted text end new text begin section 256B.0625, subdivision 5m, new text end for those services without a county contract or county approval. There is no county share when medical assistance pays the CCBHC prospective payment. As part of the certification process in paragraph (a), the commissioner shall require a letter of support from the CCBHC's host county confirming that the CCBHC and the county or counties it serves have an ongoing relationship to facilitate access and continuity of care, especially for individuals who are uninsured or who may go on and off medical assistance.

(d) When the standards listed in paragraph (a) or other applicable standards conflict or address similar issues in duplicative or incompatible ways, the commissioner may grant variances to state requirements if the variances do not conflict with federal requirements. If standards overlap, the commissioner may substitute all or a part of a licensure or certification that is substantially the same as another licensure or certification. The commissioner shall consult with stakeholders, as described in subdivision 4, before granting variances under this provision. new text begin For the CCBHC that is certified but not approved for prospective payment under section 256B.0625, subdivision 5m, the commissioner may grant a variance under this paragraph if the variance does not increase the state share of costs. new text end

(e) The commissioner shall issue a list of required evidence-based practices to be delivered by CCBHCs, and may also provide a list of recommended evidence-based practices. The commissioner may update the list to reflect advances in outcomes research and medical services for persons living with mental illnesses or substance use disorders. The commissioner shall take into consideration the adequacy of evidence to support the efficacy of the practice, the quality of workforce available, and the current availability of the practice in the state. At least 30 days before issuing the initial list and any revisions, the commissioner shall provide stakeholders with an opportunity to comment.

deleted text begin (f) The commissioner shall establish standards and methodologies for a prospective payment system for medical assistance payments for services delivered by certified community behavioral health clinics, in accordance with guidance issued by the Centers for Medicare and Medicaid Services. During the operation of the demonstration project, payments shall comply with federal requirements for an enhanced federal medical assistance percentage. The commissioner may include quality bonus payment in the prospective payment system based on federal criteria and on a clinic's provision of the evidence-based practices in paragraph (e). The prospective payment system does not apply to MinnesotaCare. Implementation of the prospective payment system is effective July 1, 2017, or upon federal approval, whichever is later. deleted text end

deleted text begin (g) The commissioner shall seek federal approval to continue federal financial participation in payment for CCBHC services after the federal demonstration period ends for clinics that were certified as CCBHCs during the demonstration period and that continue to meet the CCBHC certification standards in paragraph (a). Payment for CCBHC services shall cease effective July 1, 2019, if continued federal financial participation for the payment of CCBHC services cannot be obtained. deleted text end

deleted text begin (h) The commissioner may certify at least one CCBHC located in an urban area and at least one CCBHC located in a rural area, as defined by federal criteria. To the extent allowed by federal law, the commissioner may limit the number of certified clinics so that the projected claims for certified clinics will not exceed the funds budgeted for this purpose. The commissioner shall give preference to clinics that: deleted text end

deleted text begin (1) provide a comprehensive range of services and evidence-based practices for all age groups, with services being fully coordinated and integrated; and deleted text end

deleted text begin (2) enhance the state's ability to meet the federal priorities to be selected as a CCBHC demonstration state. deleted text end

deleted text begin (i) deleted text end new text begin (f) new text end The commissioner shall recertify CCBHCs at least every three years. The commissioner shall establish a process for decertification and shall require corrective action, medical assistance repayment, or decertification of a CCBHC that no longer meets the requirements in this section or that fails to meet the standards provided by the commissioner in the application and certification process.