NAMI Minnesota Legislative – May 18, 2014
2014 Legislative Session Comes to a Close
The legislature finished its work before midnight on Friday. There were many speeches at
the end of the night from people who would not be returning including Representatives
Jim Abeler, Michael Beard, Mike Benson, David FitzSimmons, Mary Liz Holberg of
Lakeville, Andrea Kieffer, Ernie Leidiger of Mayer, Pam Myhra, Kelby Woodard, Kurt
Zellers, John Benson, Kathy Brynaert, Tom Huntley, and Michael Paymar. Several have
been in the legislature for over 15 years. NAMI worked closely with many of them and
thanks them for their work. With both Abeler and Huntley retiring, this means that no
matter which party takes control after the election, there will be a brand new chair for the
Health and Human Services Finance Committee.
The successes this session are due to you. You called, wrote, and came to the capitol.
NAMI's presence was definitely visable at the capitol - we are estimating that staff or
volunteers testified over 35 times. Thanks for your advocacy!
Supplemental Appropriations Bill Finalized
After several very long weeks with little action, the Conference Committee working to
reconcile differences between the House, Senate, and Governor’s proposed supplemental
budgets (HF 3172) rushed to complete its work ahead of the Legislature’s May 19
adjournment deadline. The committee’s work stretched late into the night several days
this past week with the final agreement coming around 2:30 a.m. Friday morning. NAMI
staff camped out at the capitol night and day monitoring the action. The House and
Senate each re-passed the bill on Friday afternoon and it now heads to the Governor for
his signature.
We are excited to report that the final agreement includes many of the proposals NAMI
has been advocating for this session as well as other provisions that will have a positive
impact on the lives of people living with mental illnesses and their families! Here is a
breakdown of what was included in the final bill:
Health and Human Services
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Improving mobile mental health crisis intervention services so we can
intervene earlier and more effectively with a focus on engaging people in
voluntary treatment and “warm hand offs.” Peer specialists will be added to the
teams and the teams will promote the development of advanced directives. Family
psychoeducation will be covered.
Developing an online training on the Civil Commitment Law (253B) to ensure
the law is being applied consistently across the state. It will be developed by
interested stakeholders including people who live with a mental illness, family
members, mental health professionals, attorneys, etc.
Requiring contingency planning and notice when mental health providers are
at risk of closing to ensure people can transition to new mental health services
and that they can continue to have access to their medical records.
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Requiring counties to provide a 90-days’ notice before terminating a contract
with a mental health center or community support program.
Requiring the Department of Human Services (DHS) to report to the legislature
about the rate setting methodology for IRTS, ACT, and crisis services.
Creating a working group to study how we can best meet the needs of people
mental illnesses who are involved in the criminal justice system. NAMI will
provide in-kind support for the group.
Reforming non-emergency medical transportation to move to a single
administrative structure and included establishing protected transport so that
people experiencing a mental health crisis can be transported with dignity and
respect. Additionally, in the future all providers (except volunteers) will have to
meet state standards. No funding was attached but the interested parties will come
back next year.
Grants ($300,000 in FY 15 and $175,000 each year on-going) for community
mental health centers for providing mental health care to uninsured children
and young adults under21 with household incomes under 275% of federal
poverty guidelines.
Requiring DHS to continue Intensive Community Rehab Services (ICRS)
services, within existing resources. NAMI had advocated for additional funding
within the mental health grants to keep this service going.
Appropriating $1 million in additional funding each year for the Homeless Youth
Act, which awards grants to organizations offering street outreach, drop-in
centers, emergency shelter, transitional living programs and/or supportive housing
for homeless youth, youth at risk of homelessness and runaway youth.
Adding coverage of detox services under Medical Assistance (MA).
Ensuring Andrew Residence can continue receiving the payment rate they need
to remain viable.
Allowing a new 16-bed psychiatric Hospital in Thief River Falls, if it is
approved by the Department of Health (which it was)
Establishing an advisory committee on health care homes, which will include a
representative of mental health providers.
Providing a 5% rate increase for home and community-based services
providers such as personal care assistants, waivered services providers, home
health care, day training and habilitation, deaf and hard of hearing grants
(including mental health grants to this population) (does not include CTSS or
ARMHS)
Funding $1.5 million in additional funding for housing and supportive services for
youth who have been sexually exploited (known as the Safe Harbor bill).
$150,000 each year in additional funding for the Ombudsman for Mental
Health and Developmental Disabilities.
Funding a $10 million per year increase for staff in State Operated Services,
including the Minnesota Security Hospital in St. Peter.
Clarifying appeal rights for people who lose eligibility for waivered services due
to pending changes to the nursing facility level of care eligibility.
Ensuring that anyone who would become homeless because of the new nursing
facility level of care criteria would remain eligible to continue receiving services.
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Reducing TEFRA fees by 10%.
Establishing simplified and uniform income and asset requirements for
Minnesota’s public assistance programs beginning February 1, 2015.
Requiring DHS to develop a transition plan to comply with new federal rules on
home and community-based settings.
Updating the waiver standards (245D), and including many of the changes
requested by the mental health community such as referencing mental health
crisis plans and requiring training on de-escalation and suicide prevention.
Requiring DHS to issue a report to the legislature about waiting lists for its
programs and what it would cost to serve people on the waiting lists.
Transitioning the Personal Care Assistance (PCA) program to Community
First Services and Supports (CFSS) upon federal approval. It does not include
changes to the eligibility that NAMI and others have advocated for which would
make it possible for more people with mental illnesses to access the program.
Permitting the commissioner to make adjustments to rates for hospitals, taking
into account the impact of new rates for select programs, including inpatient
psychiatric units.
Requiring DHS to review and recommend alternative spend down requirements
for people with disabilities on Medical Assistance.
Education
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Clarifying and strengthening laws related to the use of seclusion and restraints
in schools reflecting the consensus of the work group on these issues.
Appropriating $250,000 to support students subject to a high-use of prone
restraints.
Increasing the Safe Schools Levy for Intermediate Districts – these districts often
serve children with very serious mental illnesses.
Appropriating $500,000 for grants to recovery school programs.
Housing
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Allowing $500,000 of already appropriated funds to be used for grants for
families who have been evicted or are facing eviction due to a child’s
disability.
Jobs and Economic Development
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Providing $500,000 in funding to establish the Olmstead Implementation Office
(OIO) and $875,000 in on-going operating funding for the office. The OIO will
oversee the implementation of the state’s Olmstead Plan.
Funding $450,000 in grants to the Minnesota Centers for Independent Living
for employment and job training support.
Public Safety
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Appropriating a one-time grant for $50,000 to the Peace Officer’s Standards and
Training (POST) Board to develop a training course for community safety
personnel about the use of de-escalation strategies for veterans in crisis.
Bonding Bill Invests in Housing and Mental Health
The House, Senate, and Governor reached agreement on a capital investment package
late in the night Thursday. The proposal includes an $846 million bonding bill and a $200
million “cash” bill that together invest in a variety of critical infrastructure projects
around the state. Like the supplemental budget, the Capital investment package features a
number of projects that will have a positive impact on the lives of people with mental
illnesses! Here’s what was included in the final package:
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$56.317 million remodel the Minnesota Security Hospital in St. Peter in order
to improve safety for both patients and staff. The plan includes removing areas
that have blind spots or narrow corridors and generally bringing the facilities upto-date. The proposal would also move all the units for people committed to St.
Peter because of a mental illness onto the upper part of the campus and separate
those units from the Minnesota Sex Offender Program.
Including $100 million for housing. $80 million will be for the construction of
new affordable housing, including supportive housing and $20 million will be for
the rehabilitation of public housing.
$3 million for the Range Mental Health Center and CAP agency
$6 million towards the new Dorothy Day Center
$3.75 million for a grant to Hennepin County to acquire and predesign, design,
construct, furnish, and equip the expansion and renovation of the St. David's
Center for Child and Family Development. The center will be used to provide
early childhood education and respite care, children's mental health services, and
other interventions for children at risk of poor developmental outcomes or
maltreatment.
$720,000 for the city of Maplewood to design, renovate, and equip Harriet
Tubman Center East, which will be used as a regional safety service center for a
domestic violence shelter, legal services, youth programs, mental and chemical
health services, and community education.
$195,000 to restore gravesites and provide headstones for deceased former
residents of state hospitals and regional treatment centers.
$18 million for a new health services unit and the design of a new intake unit
at the St. Cloud men's prison, which serves as the central intake facility for all
male offenders coming into the prison system.
The House passed both bills in the early hours of Friday morning and the Senate
approved the package later in the day. It now heads to the Governor. A big thank you to
chairs of the Capital Investment Committees – Representative Alice Hausman and
Senator Leroy Stumpf for their strong support of mental health projects in the final
package – especially the renovation of the Minnesota Security Hospital in St. Peter,
which NAMI has been advocating on for a number of years. Thanks also to Homes 4 All
(which NAMI joined this year) for their tireless efforts to secure the full $100 million for
housing.
HHS Policy, Education Policy, and HHS Unsession Bills All Headed to the Governor
Three important bills cleared their last hurdles this week and are on their way to the
Governor for his signature – HF 2402, HF 2397, and HF 2950. HF 2402 is the Omnibus
Health and Human Services Policy bill and includes two provisions NAMI advocated for
this session: clarifying training requirements for adult foster care providers seeking
the voluntary mental health certification and aligning the timelines for out-of-home
placement screenings. HF 2397 is the education policy bill and also includes a provision
NAMI has been advocating for which clarifies that high school students who transfer
because of their disability, including a mental illness, may continue to participate in
varsity sports and activities. Also bound for the Governor’s desk is HF 2950, the Health
and Human Services “unsession bill” which eliminates unnecessary, outdated, and/or
redundant sections of state law.
All three bills are expected to be signed by the Governor very soon.
St. Peter Debate Continues
As was reported in last week’s Legislative Update, NAMI Minnesota has been working
behind the scenes to oppose various amendments looking to create a “maximum security”
unit at the Minnesota Security Hospital in St. Peter and alternatively to change the rules
governing the facility to allow the use of seclusion and restraints in non-emergency
situations. You need to know that your calls on Monday were extremely effective!
We spoke with various legislators throughout the week to educate them about why this
would not work and would in fact be a step backwards as we work to increase safety for
both patients and staff at St. Peter. NAMI proposed alternative language that would look
at the use of seclusion and restraints and make recommendations as to what additional
resources and trainings are needed to meet the goal of reducing their use. Rep. Clark
Johnson was very willing to work with NAMI on our proposed alternative language. It
was going to be added to the Health and Human Services policy bill but the two chairs
could not reach agreement on the language so it was not included in the bill.
Rep. Tony Cornish prepared an amendment to be offered on the House floor to the
bonding bill that was even worse than the original language. He would have required the
commissioner of human services to submit a report to the legislature on implementing
requirements such as 24/7 psychiatrists on campus, policies to enhance staff safety and
security, modification of licensing rules, new security levels, etc. In speaking with him to
explain why we opposed the language he stated that the people receiving treatment at St.
Peter are “violent inmates that need to be locked up and tased.”
In the end, Rep. Cornish was not able to offer his amendment but made a speech during
the debate on the House floor where he repeated his comments about the people at St.
Peter. He said “NAMI and some of the mental illness advocates are half the problem
because they’re terming these people ‘vulnerable adults’ and saying you can’t use tasers
or restraints.” Rep. Clark Johnson responded with an impassioned speech about why the
renovation of St. Peter is so important and how it will help with the security situation and
defended NAMI’s efforts. Everyone, including NAMI, is concerned about the safety of
patients and staff, he said. We greatly appreciate Representative Johnson’s willingness to
work with us on this issue in a productive fashion and for standing up for us on the House
floor.
To hear the entire exchange on this subject, click here (begins at the 3 hours, 5 minute
mark).
Expungement Bill Become Law
Governor Dayton signed into law a bill that creates a better process for judges to
permanently seal criminal records of offenders who are doing well. This will eliminate
barriers that some ex-offenders have to accessing housing and employment. In looking at
expunging juvenile records the judges will look at the age, education, experience, and
background (including mental and emotional development) at the time the young person
committed the offense. In addition the courts will look at the nature and severity of the
offense, victim and community impact, criminal history, mitigating circumstances,
program history and other factors. For more about this new law, check out the
Governor’s blog
Congressional Resolution
Congressmen Scott Peters (D-CA) and Gary Miller (R-CA) last week introduced a
bipartisan resolution to designate the first full week of May each year as “National
Mental Health No Stigma Week.” To date, 54 Members of Congress have signed on as
cosponsors. Congressman Keith Ellison from Minneapolis and Congresswoman Betty
McCollum from St. Paul have signed on.
NAMI Post-Session Wrap-Up Celebration – Tuesday, June 10
It’s time to celebrate another successful legislative session for mental health! Join NAMI
Minnesota on June 10 for our end-of-session wrap-up. This will be a chance to learn
more about all of the important changes to Minnesota law that came out of this session
and give your input on what issues NAMI should take on in future legislative sessions.
Here are the details:
Date: Tuesday, June 10
Time: 5 p.m. to 7 p.m.
Location: Ewald Conference Center - 1000 Westgate Drive, St. Paul MN 55114 (Right
off University Avenue and Hwy 280)
The event is free and open to all but RSVPs are requested. Contact Matt Burdick at
mburdick@namimn.org or 651-645-2948 x107 to register or for more information.
Online registration will also be available soon at www.namihelps.org. For directions,
click here.
We will have a detailed summary of all the bills that passed that impact children and
adults living with mental illnesses and their families available in about a week.
Support our Work
NAMI Minnesota is coming to the end of our fiscal year – June 30th. If you believe that
NAMI Minnesota’s work at the capitol is important and effective, consider making a
donation of any amount. Our legislative work is not supported by grant funds – we rely
on individual donations to support this important work.
Minnesota Philanthropy Partners teamed with philanthropic-research company
Philanthropedia to identify the nonprofits having the greatest impact on mental health
care in the state of Minnesota. They recognized 16 high-impact nonprofits; NAMI
Minnesota was listed as number one! The article stated that NAMI Minnesota is
nationally recognized for its excellence in supporting its mission of providing education,
support and advocacy. In addition, the article commented that “It’s also the most vocal,
high-impact advocate for improved recovery options through quality mental health care,
greater accessibility of services, broader community outreach and increased
understanding of mental illness.”
Click here to make a donation.