Omnibus health and human services policy law changes several state programs, rules

An omnibus health and human services law contains several provisions related to Department of Human Services health care programs, Health Department programs and activities, child protection programs and policy, community supports policy, and several other areas.

Sponsored by Rep. Tina Liebling (DFL-Rochester) and Sen. Michelle Benson (R-Ham Lake), the law does not include any appropriations. It takes effect July 1, 2021, unless otherwise noted.

Notable provisions in the law include language that:

• modifies membership and procedures for the Health Services Advisory Council and the opioid prescribing work group (Art. 1, Secs. 8-10, 12-13);

• establishes a directed payment arrangement for Hennepin County for Medical Assistance and MinnesotaCare programs, effective Jan. 1, 2022, or upon federal approval, whichever is later (Art. 1, Sec. 17);

• modifies MinnesotaCare eligibility determination procedures to reflect federal decisions (Art. 1, Secs. 19-21);

• requires development of Medical Assistance recuperative care services (Art. 1, Sec. 23);

• modifies the process and requirements for new substance use disorder treatment program licensure by removing the requirement for a statement of need (Art. 2, Secs. 1-5);

• eliminates state certification of health data intermediaries (Art. 3, Sec. 3);

• modifies reporting requirements for prescription drug price transparency (Art. 3, Secs. 5-9);

• modifies licensure fees for radioactive material (Art. 3, Secs. 11-15);

• modifies membership of the Rural Health Advisory Committee (Art. 3, Sec. 16);

• removes race from the list of data on marriage licenses that local registrars and county board designees are required to report to the state registrar (Art. 3, Secs. 18 and 51);

• changes who may obtain a certified copy of a birth or death record (Art. 3, Sec. 19);

• makes changes to requirements regarding access to outdoor space for residents of assisted living facilities with dementia care (Art. 3, Sec. 20);

• establishes requirements for home visiting programs for pregnant women and families with young children (Art. 3, Sec. 21);

• makes changes to statutes governing the Women, Infants and Children program (Art. 3, Secs. 22-25);

• modifies labeling requirements for products containing cannabinoids (Art. 3, Sec. 27);

• modifies the medical cannabis program, allowing manufacturers to acquire hemp productions, modifying pharmacist consultation requirements and allowing distribution to people in cars, with most of the changes effective May 26, 2021 (Art. 3, Secs. 28-41);

• changes fees for asbestos-related work (Art. 3, Secs. 44-47);

• establishes licensing requirements for medical gas manufacturers, wholesalers and dispensers (Art. 4, Secs. 1-6);

• modifies limitations on pharmacy gag clauses (Art. 5, Sec. 1);

• makes changes in the operation of the drug repository program, effective May 26, 2021 (Art. 5, Secs. 2-5);

• establishes requirements for health plan companies to make timely determinations of provider credentialing (Art. 6, Sec. 1);

• modifies the Minnesota Family Investment Program and diversionary work program application procedures to permit online and telephone applications (Art. 7, Secs. 1-4);

• allows tribal governments to access the Minnesota food shelf program (Art. 8, Secs. 1, 3);

• makes changes to Northstar kinship and adoption assistance and reimbursement provisions, and updates adoption provisions, with some effective Aug. 1, 2021 (Art. 9, Secs. 1-15);

• modifies provisions related to child safety and permanency and adoption requirements and procedures, with most effective May 26, 2021 (Art. 10, Secs. 1-9);

• establishes certification requirements for children’s residential facilities or child foster residence settings to receive federal Title IV-E funding, effective May 26, 2021 (Art. 10, Sec. 10);

• exempts health care professionals from reporting prenatal substance use in specified circumstances (Art. 10, Sec. 56);

• provides for parent notification of contested case hearings related to maltreatment (Art. 10, Sec. 57);

• removes interest charging requirements for child support judgments, effective Aug. 1, 2022 (Art. 10, Sec. 61);

• modifies child support guidelines and other child support provisions, with some changes effective Aug. 1, 2022, others Jan. 1, 2023 (Art. 10, Secs. 62-78);

• modifies and updates provisions relating to certified community behavioral health clinics, pending federal approval (Art. 11, Secs. 1-4);

• requires the Department of Human Services to issue a monthly statement of the amounts deposited for the compulsive gambling treatment program and provide an annual report to the Legislature (Art. 11, Secs. 5 and 6);

• modifies the definition of long-term care facilities in statutes governing the Ombudsman for Long-Term Care, effective Aug. 1, 2021 (Art. 12, Sec. 1);

• modifies home- and community-based services assessment requirements for people temporarily entering an inpatient health care facility, effective upon federal approval (Art. 12, Sec. 2);

• permits tribes to access cost-neutral housing support allocations, effective May 26, 2021 (Art. 12, Secs. 3-4);

• extends the Governor’s Council on an Age-Friendly Minnesota (Art. 12, Sec. 5);

• makes changes to children’s mental health screening collection (Art. 13, Sec. 1);

• makes changes to the State Advisory Council on Mental Health (Art. 13, Sec. 2);

• updates statutes governing public guardianship for persons with developmental disabilities (Art. 13, Secs. 4-12);

• makes changes to consolidated chemical dependency fund payments and terminology (Art. 13, Sec. 48);

• updates and clarifies statutes governing community first services and supports (Art. 13, Secs. 57-72);

• prohibits discrimination, based on an individual’s disability, in health plan coverage for organ transplants and anatomical gifts and in eligibility for organ transplants, anatomical gifts, and related treatment and services (Art. 14, Secs. 1-2);

• moves various statutes and rules related to mental health service standards into a new chapter and updates, aligns, and streamlines definitions and standards for providing a range of mental health services, effective July 1, 2022, or upon federal approval, whichever is later (Art. 15, Secs. 1-19);

• modifies provisions related to crisis response services for adults and children by unifying service, eligibility, provider, and staff requirements, adding clinical trainees, and adding language to include family members and other third parties, effective July 1, 2022, or upon federal approval, whichever is later (Art. 16, Secs. 1-5); and

• adjusts Department of Human Services’ appropriations in fiscal year 2021 for forecasted programs (Art. 18).

The law also makes clarifications, technical corrections, conforming and technical changes, updates terminology and definitions, and addresses consistency issues in current law.

HF2128*/SF2360/CH30

HF2128* / SF2360 / CH30