1.1.................... moves to amend H.F. No. 1403, the first engrossment, as follows:
1.2Page 19, after line 3, insert:

1.3    "Sec. .... Minnesota Statutes 2022, section 245G.22, subdivision 15, is amended to read:
1.4    Subd. 15. Nonmedication treatment services; documentation. (a) The program must
1.5offer at least 50 consecutive minutes of individual or group therapy treatment services as
1.6defined in section 245G.07, subdivision 1, paragraph (a), clause (1), per week, for the first
1.7ten weeks following the day of service initiation, and at least 50 consecutive minutes per
1.8month thereafter. As clinically appropriate, the program may offer these services cumulatively
1.9and not consecutively in increments of no less than 15 minutes over the required time period,
1.10and for a total of 60 minutes of treatment services over the time period, and must document
1.11the reason for providing services cumulatively in the client's record. The program may offer
1.12additional levels of service when deemed clinically necessary.
1.13(b) Notwithstanding the requirements of comprehensive assessments in section 245G.05,
1.14the assessment must be completed within 21 days from the day of service initiation.
1.15(c) Notwithstanding the requirements of individual treatment plans set forth in section
1.16245G.06:
1.17(1) treatment plan contents for a maintenance client are not required to include goals
1.18the client must reach to complete treatment and have services terminated;
1.19(2) treatment plans for a client in a taper or detox status must include goals the client
1.20must reach to complete treatment and have services terminated; and
1.21(3) for the ten weeks following the day of service initiation for all new admissions,
1.22readmissions, and transfers, a weekly treatment plan review must be documented once the
1.23treatment plan is completed. Subsequently, the counselor must document treatment plan
2.1reviews in the six dimensions at least once monthly every three months or, when clinical
2.2need warrants, more frequently.

2.3    Sec. .... Minnesota Statutes 2022, section 245G.22, subdivision 17, is amended to read:
2.4    Subd. 17. Policies and procedures. (a) A license holder must develop and maintain the
2.5policies and procedures required in this subdivision.
2.6(b) For a program that is not open every day of the year, the license holder must maintain
2.7a policy and procedure that covers requirements under section 245G.22, subdivisions 6 and
2.87. Unsupervised use of medication used for the treatment of opioid use disorder for days
2.9that the program is closed for business, including but not limited to Sundays and state and
2.10federal holidays, must meet the requirements under section 245G.22, subdivisions 6 and 7.
2.11(c) The license holder must maintain a policy and procedure that includes specific
2.12measures to reduce the possibility of diversion. The policy and procedure must:
2.13(1) specifically identify and define the responsibilities of the medical and administrative
2.14staff for performing diversion control measures; and
2.15(2) include a process for contacting no less than five percent of clients who have
2.16unsupervised use of medication, excluding clients approved solely under subdivision 6,
2.17paragraph (a), to require clients to physically return to the program each month. The system
2.18must require clients to return to the program within a stipulated time frame and turn in all
2.19unused medication containers related to opioid use disorder treatment. The license holder
2.20must document all related contacts on a central log and the outcome of the contact for each
2.21client in the client's record. The medical director must be informed of each outcome that
2.22results in a situation in which a possible diversion issue was identified.
2.23(d) Medication used for the treatment of opioid use disorder must be ordered,
2.24administered, and dispensed according to applicable state and federal regulations and the
2.25standards set by applicable accreditation entities. If a medication order requires assessment
2.26by the person administering or dispensing the medication to determine the amount to be
2.27administered or dispensed, the assessment must be completed by an individual whose
2.28professional scope of practice permits an assessment. For the purposes of enforcement of
2.29this paragraph, the commissioner has the authority to monitor the person administering or
2.30dispensing the medication for compliance with state and federal regulations and the relevant
2.31standards of the license holder's accreditation agency and may issue licensing actions
2.32according to sections 245A.05, 245A.06, and 245A.07, based on the commissioner's
2.33determination of noncompliance.
3.1(e) A counselor in an opioid treatment program must not supervise more than 50 clients.
3.2(f) Notwithstanding paragraph (e), from July 1, 2023, to June 30, 2024, a counselor in
3.3an opioid treatment program may supervise up to 60 clients. This paragraph expires July 1,
3.42024.
3.5EFFECTIVE DATE.This section is effective July 1, 2023."
3.6Page 74, after line 18, insert:


3.10    Section 1. Minnesota Statutes 2022, section 245G.07, subdivision 2, is amended to read:
3.11    Subd. 2. Additional treatment service. A license holder may provide or arrange the
3.12following additional treatment service as a part of the client's individual treatment plan:
3.13(1) relationship counseling provided by a qualified professional to help the client identify
3.14the impact of the client's substance use disorder on others and to help the client and persons
3.15in the client's support structure identify and change behaviors that contribute to the client's
3.16substance use disorder;
3.17(2) therapeutic recreation to allow the client to participate in recreational activities
3.18without the use of mood-altering chemicals and to plan and select leisure activities that do
3.19not involve the inappropriate use of chemicals;
3.20(3) stress management and physical well-being to help the client reach and maintain an
3.21appropriate level of health, physical fitness, and well-being;
3.22(4) living skills development to help the client learn basic skills necessary for independent
3.23living;
3.24(5) employment or educational services to help the client become financially independent;
3.25(6) socialization skills development to help the client live and interact with others in a
3.26positive and productive manner;
3.27(7) room, board, and supervision at the treatment site to provide the client with a safe
3.28and appropriate environment to gain and practice new skills; and
3.29(8) peer recovery support services provided one-to-one by an individual in recovery
3.30qualified according to section 245G.11, subdivision 8 245I.04, subdivision 18. Peer support
3.31services include education; advocacy; mentoring through self-disclosure of personal recovery
4.1experiences; attending recovery and other support groups with a client; accompanying the
4.2client to appointments that support recovery; assistance accessing resources to obtain housing,
4.3employment, education, and advocacy services; and nonclinical recovery support to assist
4.4the transition from treatment into the recovery community.
4.5EFFECTIVE DATE.This section is effective upon federal approval. The commissioner
4.6of human services shall notify the revisor of statutes when federal approval is obtained.

4.7    Sec. 2. Minnesota Statutes 2022, section 245G.11, subdivision 8, is amended to read:
4.8    Subd. 8. Recovery peer qualifications. A recovery peer must:
4.9(1) have a high school diploma or its equivalent meet the qualifications in section 245I.04,
4.10subdivision 18; and
4.11(2) have a minimum of one year in recovery from substance use disorder; provide services
4.12according to the scope of practice established in section 245I.04, subdivision 19, under the
4.13supervision of an alcohol and drug counselor.
4.14(3) hold a current credential from the Minnesota Certification Board, the Upper Midwest
4.15Indian Council on Addictive Disorders, or the National Association for Alcoholism and
4.16Drug Abuse Counselors. An individual may also receive a credential from a tribal nation
4.17when providing peer recovery support services in a tribally licensed program. The credential
4.18must demonstrate skills and training in the domains of ethics and boundaries, advocacy,
4.19mentoring and education, and recovery and wellness support; and
4.20(4) receive ongoing supervision in areas specific to the domains of the recovery peer's
4.21role by an alcohol and drug counselor.
4.22EFFECTIVE DATE.This section is effective upon federal approval. The commissioner
4.23of human services shall notify the revisor of statutes when federal approval is obtained.

4.24    Sec. 3. Minnesota Statutes 2022, section 245I.04, is amended by adding a subdivision to
4.25read:
4.26    Subd. 18. Recovery peer qualifications. (a) A recovery peer must:
4.27(1) have a minimum of one year in recovery from substance use disorder; and
4.28(2) hold a current credential from the Minnesota Certification Board, the Upper Midwest
4.29Indian Council on Addictive Disorders, or the National Association for Alcoholism and
4.30Drug Abuse Counselors that demonstrates skills and training in the domains of ethics and
4.31boundaries, advocacy, mentoring and education, and recovery and wellness support.
5.1(b) A recovery peer who receives a credential from a Tribal Nation when providing peer
5.2recovery support services in a tribally licensed program satisfies the requirement in paragraph
5.3(a), clause (2).

5.4    Sec. 4. Minnesota Statutes 2022, section 245I.04, is amended by adding a subdivision to
5.5read:
5.6    Subd. 19. Peer recovery scope of practice. A recovery peer, under the supervision of
5.7an alcohol and drug counselor, must:
5.8(1) provide individualized peer support to each client;
5.9(2) promote a client's recovery goals, self-sufficiency, self-advocacy, and development
5.10of natural supports; and
5.11(3) support a client's maintenance of skills that the client has learned from other services.

5.12    Sec. 5. Minnesota Statutes 2022, section 254B.01, subdivision 8, is amended to read:
5.13    Subd. 8. Recovery community organization. "Recovery community organization"
5.14means an independent, nonprofit organization led and governed by representatives of local
5.15communities of recovery. A recovery community organization mobilizes resources within
5.16and outside of the recovery community to increase the prevalence and quality of long-term
5.17recovery from alcohol and other drug addiction substance use disorder. Recovery community
5.18organizations provide peer-based recovery support activities such as training of recovery
5.19peers. Recovery community organizations provide mentorship and ongoing support to
5.20individuals dealing with a substance use disorder and connect them with the resources that
5.21can support each person's recovery. A recovery community organization also promotes a
5.22recovery-focused orientation in community education and outreach programming, and
5.23organize recovery-focused policy advocacy activities to foster healthy communities and
5.24reduce the stigma of substance use disorder.

5.25    Sec. 6. Minnesota Statutes 2022, section 254B.05, subdivision 1, is amended to read:
5.26    Subdivision 1. Licensure required. (a) Programs licensed by the commissioner are
5.27eligible vendors. Hospitals may apply for and receive licenses to be eligible vendors,
5.28notwithstanding the provisions of section 245A.03. American Indian programs that provide
5.29substance use disorder treatment, extended care, transitional residence, or outpatient treatment
5.30services, and are licensed by tribal government are eligible vendors.
6.1(b) A licensed professional in private practice as defined in section 245G.01, subdivision
6.217, who meets the requirements of section 245G.11, subdivisions 1 and 4, is an eligible
6.3vendor of a comprehensive assessment and assessment summary provided according to
6.4section 245G.05, and treatment services provided according to sections 245G.06 and
6.5245G.07, subdivision 1, paragraphs (a), clauses (1) to (5), and (b); and subdivision 2, clauses
6.6(1) to (6).
6.7(c) A county is an eligible vendor for a comprehensive assessment and assessment
6.8summary when provided by an individual who meets the staffing credentials of section
6.9245G.11, subdivisions 1 and 5, and completed according to the requirements of section
6.10245G.05. A county is an eligible vendor of care coordination services when provided by an
6.11individual who meets the staffing credentials of section 245G.11, subdivisions 1 and 7, and
6.12provided according to the requirements of section 245G.07, subdivision 1, paragraph (a),
6.13clause (5).
6.14(d) A recovery community organization that meets certification the requirements identified
6.15by the commissioner of clauses (1) to (10) and meets membership or accreditation
6.16requirements of the Association of Recovery Community Organizations, the Council on
6.17Accreditation of Peer Recovery Support Services, or a Minnesota statewide recovery
6.18community organization identified by the commissioner is an eligible vendor of peer support
6.19services. Eligible vendors under this paragraph must:
6.20(1) be nonprofit organizations;
6.21(2) be led and governed by individuals in the recovery community, with more than 50
6.22percent of the board of directors or advisory board members self-identifying as people in
6.23personal recovery from substance use disorders;
6.24(3) primarily focus on recovery from substance use disorders, with missions and visions
6.25that support this primary focus;
6.26(4) be grassroots and reflective of and engaged with the community served;
6.27(5) be accountable to the recovery community through processes that promote the
6.28involvement and engagement of, and consultation with, people in recovery and their families,
6.29friends, and recovery allies;
6.30(6) provide nonclinical peer recovery support services, including but not limited to
6.31recovery support groups, recovery coaching, telephone recovery support, skill-building
6.32groups, and harm-reduction activities;
7.1(7) allow for and support opportunities for all paths toward recovery and refrain from
7.2excluding anyone based on their chosen recovery path, which may include but is not limited
7.3to harm reduction paths, faith-based paths, and nonfaith-based paths;
7.4(8) be purposeful in meeting the diverse needs of Black, Indigenous, and people of color
7.5communities, including board and staff development activities, organizational practices,
7.6service offerings, advocacy efforts, and culturally informed outreach and service plans;
7.7(9) be stewards of recovery-friendly language that is supportive of and promotes recovery
7.8across diverse geographical and cultural contexts and reduces stigma; and
7.9(10) maintain an employee and volunteer code of ethics and easily accessible grievance
7.10procedures posted in physical spaces, on websites, or on program policies or forms.
7.11(e) A vendor of peer support services that is approved by the commissioner before June
7.1230, 2023, must meet the requirements under paragraph (d) by June 30, 2024, in order to
7.13maintain vendor eligibility for peer support services. An entity that does not meet the
7.14requirements under paragraph (d) by June 30, 2024, is subject to monetary recovery under
7.15section 256B.064 for any peer recovery support services the entity provides on or after July
7.161, 2024.
7.17(f) A recovery community organization that is aggrieved by an accreditation or
7.18membership determination and believes it meets the requirements under paragraph (d) may
7.19appeal the determination under section 256.045, subdivision 3, clause (15), for
7.20reconsideration as an eligible vendor.
7.21(e) (g) Detoxification programs licensed under Minnesota Rules, parts 9530.6510 to
7.229530.6590, are not eligible vendors. Programs that are not licensed as a residential or
7.23nonresidential substance use disorder treatment or withdrawal management program by the
7.24commissioner or by tribal government or do not meet the requirements of subdivisions 1a
7.25and 1b are not eligible vendors.

7.26    Sec. 7. Minnesota Statutes 2022, section 256.045, subdivision 3, is amended to read:
7.27    Subd. 3. State agency hearings. (a) State agency hearings are available for the following:
7.28(1) any person applying for, receiving or having received public assistance, medical
7.29care, or a program of social services granted by the state agency or a county agency or the
7.30federal Food and Nutrition Act whose application for assistance is denied, not acted upon
7.31with reasonable promptness, or whose assistance is suspended, reduced, terminated, or
7.32claimed to have been incorrectly paid;
8.1(2) any patient or relative aggrieved by an order of the commissioner under section
8.2252.27;
8.3(3) a party aggrieved by a ruling of a prepaid health plan;
8.4(4) except as provided under chapter 245C, any individual or facility determined by a
8.5lead investigative agency to have maltreated a vulnerable adult under section 626.557 after
8.6they have exercised their right to administrative reconsideration under section 626.557;
8.7(5) any person whose claim for foster care payment according to a placement of the
8.8child resulting from a child protection assessment under chapter 260E is denied or not acted
8.9upon with reasonable promptness, regardless of funding source;
8.10(6) any person to whom a right of appeal according to this section is given by other
8.11provision of law;
8.12(7) an applicant aggrieved by an adverse decision to an application for a hardship waiver
8.13under section 256B.15;
8.14(8) an applicant aggrieved by an adverse decision to an application or redetermination
8.15for a Medicare Part D prescription drug subsidy under section 256B.04, subdivision 4a;
8.16(9) except as provided under chapter 245A, an individual or facility determined to have
8.17maltreated a minor under chapter 260E, after the individual or facility has exercised the
8.18right to administrative reconsideration under chapter 260E;
8.19(10) except as provided under chapter 245C, an individual disqualified under sections
8.20245C.14 and 245C.15, following a reconsideration decision issued under section 245C.23,
8.21on the basis of serious or recurring maltreatment; a preponderance of the evidence that the
8.22individual has committed an act or acts that meet the definition of any of the crimes listed
8.23in section 245C.15, subdivisions 1 to 4; or for failing to make reports required under section
8.24260E.06, subdivision 1, or 626.557, subdivision 3. Hearings regarding a maltreatment
8.25determination under clause (4) or (9) and a disqualification under this clause in which the
8.26basis for a disqualification is serious or recurring maltreatment, shall be consolidated into
8.27a single fair hearing. In such cases, the scope of review by the human services judge shall
8.28include both the maltreatment determination and the disqualification. The failure to exercise
8.29the right to an administrative reconsideration shall not be a bar to a hearing under this section
8.30if federal law provides an individual the right to a hearing to dispute a finding of
8.31maltreatment;
8.32(11) any person with an outstanding debt resulting from receipt of public assistance,
8.33medical care, or the federal Food and Nutrition Act who is contesting a setoff claim by the
9.1Department of Human Services or a county agency. The scope of the appeal is the validity
9.2of the claimant agency's intention to request a setoff of a refund under chapter 270A against
9.3the debt;
9.4(12) a person issued a notice of service termination under section 245D.10, subdivision
9.53a, by a licensed provider of any residential supports or services listed in section 245D.03,
9.6subdivision 1, paragraphs (b) and (c), that is not otherwise subject to appeal under subdivision
9.74a;
9.8(13) an individual disability waiver recipient based on a denial of a request for a rate
9.9exception under section 256B.4914; or
9.10(14) a person issued a notice of service termination under section 245A.11, subdivision
9.1111, that is not otherwise subject to appeal under subdivision 4a.; or
9.12(15) a recovery community organization seeking medical assistance vendor eligibility
9.13under section 254B.01, subdivision 8, that is aggrieved by a membership or accreditation
9.14determination and that believes the organization meets the requirements under section
9.15254B.05, subdivision 1, paragraph (d), clauses (1) to (10). The scope of the review by the
9.16human services judge shall be limited to whether the organization meets each of the
9.17requirements under section 254B.05, subdivision 1, paragraph (d), clauses (1) to (10).
9.18(b) The hearing for an individual or facility under paragraph (a), clause (4), (9), or (10),
9.19is the only administrative appeal to the final agency determination specifically, including
9.20a challenge to the accuracy and completeness of data under section 13.04. Hearings requested
9.21under paragraph (a), clause (4), apply only to incidents of maltreatment that occur on or
9.22after October 1, 1995. Hearings requested by nursing assistants in nursing homes alleged
9.23to have maltreated a resident prior to October 1, 1995, shall be held as a contested case
9.24proceeding under the provisions of chapter 14. Hearings requested under paragraph (a),
9.25clause (9), apply only to incidents of maltreatment that occur on or after July 1, 1997. A
9.26hearing for an individual or facility under paragraph (a), clauses (4), (9), and (10), is only
9.27available when there is no district court action pending. If such action is filed in district
9.28court while an administrative review is pending that arises out of some or all of the events
9.29or circumstances on which the appeal is based, the administrative review must be suspended
9.30until the judicial actions are completed. If the district court proceedings are completed,
9.31dismissed, or overturned, the matter may be considered in an administrative hearing.
9.32(c) For purposes of this section, bargaining unit grievance procedures are not an
9.33administrative appeal.
10.1(d) The scope of hearings involving claims to foster care payments under paragraph (a),
10.2clause (5), shall be limited to the issue of whether the county is legally responsible for a
10.3child's placement under court order or voluntary placement agreement and, if so, the correct
10.4amount of foster care payment to be made on the child's behalf and shall not include review
10.5of the propriety of the county's child protection determination or child placement decision.
10.6(e) The scope of hearings under paragraph (a), clauses (12) and (14), shall be limited to
10.7whether the proposed termination of services is authorized under section 245D.10,
10.8subdivision 3a, paragraph (b), or 245A.11, subdivision 11, and whether the requirements
10.9of section 245D.10, subdivision 3a, paragraphs (c) to (e), or 245A.11, subdivision 2a,
10.10paragraphs (d) to (f), were met. If the appeal includes a request for a temporary stay of
10.11termination of services, the scope of the hearing shall also include whether the case
10.12management provider has finalized arrangements for a residential facility, a program, or
10.13services that will meet the assessed needs of the recipient by the effective date of the service
10.14termination.
10.15(f) A vendor of medical care as defined in section 256B.02, subdivision 7, or a vendor
10.16under contract with a county agency to provide social services is not a party and may not
10.17request a hearing under this section, except if assisting a recipient as provided in subdivision
10.184.
10.19(g) An applicant or recipient is not entitled to receive social services beyond the services
10.20prescribed under chapter 256M or other social services the person is eligible for under state
10.21law.
10.22(h) The commissioner may summarily affirm the county or state agency's proposed
10.23action without a hearing when the sole issue is an automatic change due to a change in state
10.24or federal law.
10.25(i) Unless federal or Minnesota law specifies a different time frame in which to file an
10.26appeal, an individual or organization specified in this section may contest the specified
10.27action, decision, or final disposition before the state agency by submitting a written request
10.28for a hearing to the state agency within 30 days after receiving written notice of the action,
10.29decision, or final disposition, or within 90 days of such written notice if the applicant,
10.30recipient, patient, or relative shows good cause, as defined in section 256.0451, subdivision
10.3113, why the request was not submitted within the 30-day time limit. The individual filing
10.32the appeal has the burden of proving good cause by a preponderance of the evidence.

11.1    Sec. 8. Minnesota Statutes 2022, section 256B.0615, subdivision 1, is amended to read:
11.2    Subdivision 1. Scope. Medical assistance covers mental health certified peer specialist
11.3services, as established in subdivision 2, subject to federal approval, if provided to recipients
11.4who are eligible for services under sections 256B.0622, 256B.0623, and 256B.0624 and
11.5are provided by a mental health certified peer specialist who has completed the training
11.6under subdivision 5 and is qualified according to section 245I.04, subdivision 10.

11.7    Sec. 9. Minnesota Statutes 2022, section 256B.0615, subdivision 5, is amended to read:
11.8    Subd. 5. Certified peer specialist training and certification. The commissioner of
11.9human services shall develop a training and certification process for certified peer specialists.
11.10The candidates must have had a primary diagnosis of mental illness, be a current or former
11.11consumer of mental health services, and must demonstrate leadership and advocacy skills
11.12and a strong dedication to recovery. The training curriculum must teach participating
11.13consumers specific skills relevant to providing peer support to other consumers. In addition
11.14to initial training and certification, the commissioner shall develop ongoing continuing
11.15educational workshops on pertinent issues related to peer support counseling. A certified
11.16peer specialist is qualified as a mental health certified peer specialist, as defined in section
11.17245I.04."
11.18Renumber the articles in sequence
11.19Amend the title accordingly