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NAMI Minnesota Legislative Update February 28, 2021 Action Alert: NAMI Bills to Receive Hearings This Week! With the first deadline rapidly approaching on March 12, it is crucial that NAMI Minnesota bills continue to move through the legislative process. NAMI Legislation to fix an issue with the CADI Waiver and to fund a suicide prevention training for teachers and school staff will have their first hearing this week. Unfortunately, the Senate had to cancel a Human Services Reform Finance and Policy Committee last week due to a long floor session. NAMI Minnesota legislation to expand first episode psychosis was on the docket for Thursday and will have to be rescheduled. We are counting on NAMI Minnesota members and supporters to contact their legislators and support these important bills! HF 1102 / CADI Waiver Freeze: This is NAMI legislation authored by Rep Hanson that will temporarily freeze someone's CADI waiver when they are receiving inpatient or residential treatment. Upon discharge, the person's CADI Waiver will be restored at their previous level of support. Under current law, if someone is hospitalized or in an IRTS facility for 30 or more days the CADI Waiver is automatically terminated and people have to start the application and assessment process all over again - which can easily take 60 days. This has placed many people with serious mental illnesses in an impossible position where they have to choose between seeking the care they need to

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NAMI Minnesota Legislative Update

February 28, 2021

Action Alert: NAMI Bills to Receive Hearings This Week!

With the first deadline rapidly approaching on March 12, it is crucial that NAMI Minnesota bills continue to move through the legislative process. NAMI Legislation to fix an issue with the CADI Waiver and to fund a suicide prevention training for teachers and school staff will have their first hearing this week. Unfortunately, the Senate had to cancel a Human Services Reform Finance and Policy Committee last week due to a long floor session. NAMI Minnesota legislation to expand first episode psychosis was on the docket for Thursday and will have to be rescheduled.

We are counting on NAMI Minnesota members and supporters to contact their legislators and support these important bills!

HF 1102 / CADI Waiver Freeze: This is NAMI legislation authored by Rep Hanson that will temporarily freeze someone's CADI waiver when they are receiving inpatient or residential treatment. Upon discharge, the person's CADI Waiver will be restored at their previous level of support. Under current law, if someone is hospitalized or in an IRTS facility for 30 or more days the CADI Waiver is automatically terminated and people have to start the application and assessment process all over again - which can easily take 60 days. This has placed many people with serious mental illnesses in an impossible position where they have to choose between seeking the care they need to stabilize or keeping their waiver. Here are the members of the House Behavioral Health Policy Committee:

Committee Chair: Rep. Peter Fischer (DFL) District: 43A. Email: [email protected]

Vice Chair: Rep. Luke Frederick (DFL) District: 19B. Email: [email protected]

Republican Lead: Rep. Keith Franke (R) District: 54A. Email: [email protected]

Rep. Jeff Backer (R) District: 12A. Email: [email protected] Rep. Dave Baker (R) District: 17B. Email: [email protected] Rep. Jamie Becker-Finn (DFL) District: 42B. Email: rep.jamie.becker-

[email protected] Rep. Jessica Hanson (DFL) District: 56A. Email: [email protected]

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Rep. Carlie Kotyza-Witthuhn (DFL) District: 48B. Email: [email protected]

Rep. Todd Lippert (DFL) District: 20B. Email: [email protected] Rep. Kelly Moller (DFL) District: 42A. Email: [email protected] Rep. Nels Pierson (R) District: 26B. Email: [email protected] Rep. John Thompson (DFL) District: 67A.

Email: [email protected]

If you see your state representative on this list, we need you to contact them, identify yourself as a constituent and NAMI member, and urge them to support HF 1102.

HF 486 / Kognito: This is NAMI Minnesota legislation, authored by Rep Feist, that funds an online, evidence-based suicide prevention training for all teachers and school staff. The legislature funded the Kognito training last biennium and thousands of teachers and school have taken advantage of this training. Especially because of the impact of the pandemic, we want teachers to have the best suicide prevention training out there. Here are the members of the Education Finance Committee:

Committee Chair Rep. Jim Davnie: District: 63A. Email: [email protected]

Vice Chair Rep. Julie Sandstede : 06A. Email: [email protected] Republican Lead Rep. Ron Kresha: 09B. Email: [email protected] Rep. Peggy Bennett: 27A: Email: [email protected] Rep. Brian Daniels: 24B. Email: [email protected] Rep. Lisa Demuth: 13A. Email: [email protected] Rep. Steve Drazkowski: 21B. Email: [email protected] Rep. Sondra Erickson: 15A. Email: [email protected] Rep. Sandra Feist: 41B. Email: [email protected] Rep. Sydney Jordan: 60A. Email: [email protected] Rep. Paul Marquart: 04B. Email: [email protected] Rep. Patricia Mueller: 27B. Email: [email protected] Rep. Ruth Richardson: 52B. Email: [email protected] Rep. John Thompson: 67A. Email: [email protected] Rep. Dan Wolgamott: 14B. Email: [email protected] Rep. Tou Xiong: 53A. Email: [email protected] Rep. Cheryl Youakim: 46B. Email: [email protected]

If you see your state representative on this list, we are counting on you to contact them, share that you are a constituent and NAMI member, and urge your representative to support HF 486.

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SF 933 / First Episode: NAMI Minnesota legislation to expand the number of First Episode Psychosis Programs and create a new program for people with emerging mood disorders like bipolar disorders or major depression. This bill was scheduled to get a hearing last week but it was cancelled. This bill needs to get heard in the Senate! Here are the members of the Human Services Reform Finance and Policy Committee:

Chair: Jim Abeler, 35, R. Email:[email protected] Vice Chair: Michelle R. Benson, 31, R. Email: Use Mail Form Ranking Minority Member: John A. Hoffman, 36, DFL. EmaiL: Use Mail Form Omar Fateh, 62, DFL . Email: [email protected] Melisa Franzen, 49, DFL . Email: [email protected] Karin Housley, 39, R . Email: [email protected] Carla J. Nelson, 26, R . Email: [email protected] Paul J. Utke, 02, R . Email: [email protected] Melissa H. Wiklund, 50, DFL . Email: [email protected]

If you see your State Senator on this list, we are counting on you to contact them, identify yourself as a NAMI member and constituent, and then urge your senator to request that SF 933 get re-scheduled for a hearing and to support it.

Thank you to all of our outstanding advocates and supporters for chipping in and doing your part to support NAMI Minnesota's policy agenda! With your help, we are going to have another very successful session for the mental health community.

New Budget Forecast Projects Surplus

Higher than expected tax revenues and an improving economic outlook has led to a significantly improved budget outlook for Minnesota. Previous predictions called for a small surplus for the current fiscal year and a $1.3 billion deficit beyond that. However, the latest budget forecast from the Office of Minnesota Management Budget now anticipates a budget surplus of $1.6 billion in fiscal years 22-23. While it is important to remain cautious, the improved budget outlook makes it clear that the legislature should not consider any cuts to state government.

These economic trends are encouraging, but we also know that many Minnesotans continue to face significant challenges. The rates of mental illnesses are increasing and people's symptoms are more acute. Too many people are experiencing homelessness and there are unacceptable gaps in our mental health system.

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Governor Walz and the legislature should leverage these new resources and invest in the programs and services that work. Top funding priorities for NAMI Minnesota include:

Fund an alternate pathway for families voluntarily seeking residential mental health treatment

Expand the number of First Episode Psychosis programs & fund a new program for emerging mood disorders

Fund a task force to create recommendations around sober homes Fund a lead position in the MN Dept of Ed to focus on mental health Expand the mental health workforce and target loan forgiveness funding for

providers in rural and BIPOC communities Support the programs that help people with mental illnesses access housing

like Permanent Supportive Housing and the Bridges Voucher Support student mental health by increasing resources for school-linked

mental health grants Continue funding for the Kognito Suicide Prevention Training Increase rates for providers and address the shortage of inpatient psychiatric

beds in the community

Legislators will not make these investments unless we ask them. NAMI Minnesota is counting on you to contact your legislators, share your story about mental illness, and urge them to increase funding for the mental health system. Thank you for your advocacy!

Find out who represents you

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Committee Hearings

On Monday, the Senate Health and Human Services Finance and Policy Committee met to discuss SF1160 (Rosen) the Minnesota Telehealth Act. SF1160 is a bill NAMI

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supports because it expands telehealth options and increases the accessibility of mental health and substance use disorder services, including the option to use audio only telehealth through the telephone. The use of audio only telehealth ensures that people with unreliable internet connections can still access needed treatment via telemedicine. Testifiers shared numerous experiences of individuals whose quality of care improved with having the option for audio only telehealth. Several amendments to the bill were introduced and adopted. The A-8 amendment allows mental health case management services to be provided by audio-only telemedicine and requires at least one face to face meeting every six months. The A-6 amendment clarifies that telehealth and telephone calls must be scheduled and the standard of care must be met by the provider. The A-5 amendment defines remote patient monitoring and the eligibility requirements for private coverage and medical assistance. SF 1160 was passed and referred to Commerce and Consumer Protection Finance and Policy.

Monday, the Senate Judiciary and Public Safety Finance and Policy Committee heard a budget presentation from the Department of Corrections and addressed concerns in 2.5% reduction to counties to provide probation services. Corrections Commissioner Paul Schnell clarified some systemic issues where there is little statutory guidance on how counties may spend funds to provide probation which can lead to disparities in providing services across the state. The reduction is part of an effort to provide services most efficiently and consistently. The proposed cuts are also part of an effort to transform the prison and probation systems to focus on community alternatives. One example is HF 793 (Fischer) which would require community treatment alternatives before a person is returned to prison on a technical probation violation. NAMI is working with the department to promote these alternatives and will advocate to pass these measures this session.

On Tuesday, the Senate Committee on Civil Law and Data Practices Policy met to discuss SF496 (Utke). SF496 extends waiver modifying certain background study requirements for human service programs up to 180 days after peacetime emergency response to the COVID-19 outbreak expires. Sen. Utke offered an amendment to remove language that would expand eligible fingerprint vendors. The plan is to work with DHS to develop a more comprehensive amendment to add additional finger printing locations. Sarah Grafstrom of ARRM testified from a provider perspective on how important it is to pass this extension. Ms. Grafstrom shared an experience that an applicant had when going to a finger printing location, driving 60 miles one way only to find out the location was closed with the website hours not being correct, with another provider reporting that they had submitted 18 studies and waited over a week and a half having received zero studies back. Kulani Moti, DHS Inspector shared a recommendation from trade associations to increase the extension after peacetime emergency expires from 180 days to a full year. SF496 passed as amended and referred to Human Services Reform Finance and Policy.

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Tuesday, the House Public Safety and Criminal Justice Reform Finance and Policy Committee held Redemption Day in conjunction with the Minnesota Second Chance Coalition’s Day on the Hill. The committee heard HF 9 (Greenman) with many provisions to promote voter access and allow people with felony convictions to vote when they are no longer incarcerated. In Minnesota, everyone sentenced to prison must serve two thirds of their sentence incarcerated and one third on supervised release, but the law stipulates that a person still may not vote until they complete supervised release. HF 9 was passed to the Transportation Finance and Policy Committee and HF 1152 (Long) or the Clean Slate Act was also laid over for inclusion in an omnibus bill; the bill would expand access to record expungement in certain circumstances, including people found not guilty by reason of mental illness, to reduce the difficulties of having a criminal record.

After powerful testimony on Tuesday, the House Judiciary and Civil Law Finance and Policy committee laid over HF 717 (Vang) to extend the statute of limitations or the time period for when a person can seek civil damages for sexual assault or wrongful death by law enforcement officer. On Friday, the House Judiciary committee passed HF 478 (Feist) or the Veterans Restorative Justice Act to provide alternatives to incarceration for veterans with PTSD in the justice system and provide uniformity for Veterans Treatment Courts across the state. The bill will be heard next in the House Public Safety committee March 4th at 1:00pm.

The Senate Human Services Reform Finance and Policy Committee met on Tuesday afternoon and heard SF 873 authored by Sen. Housley. This is legislation from NAMI Minnesota that would create a taskforce to make recommendations on how to expand access to quality sober homes and ensure there are basic consumer protections for sober home residents. After an authors amendment and introduction from Sen. Housley, Sue Abderholden testified to what the bill was trying to do - including increasing access while instituting consumer protections.

The next testifier was Sherry Walling, who shared the experience that her brother had with sober homes. Ms. Walling's brother never felt comfortable at sober housing, even though that was the only viable option for him following treatment. Dave Walling died by suicide shortly after leaving a sober home. Ms. Walling concluded her testimony by stating "my experience with sober homes is that they are unsafe and unaccountable." Rory O'Brien also testified in support of the bill on behalf of Minnesota Students for Sensible Drug Policy, noting issues with resident evictions and the lack of sober homes that allow for the use of Medication Assisted Treatment (MAT).

David Sheridan from the National Association of Recovery Residences (NARR) testified next and referenced the model polices that were developed by NARR and the National Council for Behavioral Health. Mr. Sheridan spoke in support of NAMI's bill

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and noted that it was "in substantial alignment with what we recommend." The Minnesota Association of Sober Homes (MASH) also testified on the benefits of sober homes and the importance of peer supports during recovery. After public testimony, Sen. Abeler spoke strongly in support of SF 873 and the need to ensure that all sober home providers are meeting MASH standards. SF 873 was laid over for possible inclusion in an omnibus bill. You can watch the hearing, the bill starts about 55 minutes in.

The House Health Finance and Policy Committee also met on Tuesday and began by reviewing Governor's proposal to develop one uniform administrator for Non-Emergency Medical Transportation or NEMT, which would also provide significant cost-savings for the Department of Human Services. NEMT providers raised concerns about this proposal, leading Rep. Kiel to question if this would undermine rural NEMT providers. The Department of Human Services also delivered a report on the use of telemedicine during COVID-19. The department found that telemedicine created efficiencies for patients including no travel time and also increased access to important treatment including mental health services. DHS also identified some challenges that came with additional telemedicine use such as complying with HIPAA, securing client signatures to consent for treatment, and finding interpreters for non-English speakers.

On Wednesday Morning, the House Behavioral Health Policy Committee met and held a hearing on two bills related to children's residential mental health treatment. They heard HF 944, authored by Rep Hanson, a NAMI bill, which would create a separate path for families seeking residential care for their child with a mental illness. Due to the federal Family First law, families would be forced to go through the child protection door. The bill passed and was rereferred to the Human Services Committee. The committee also heard a high level explanation of the Uniform Services bill from DHS.

The House Human Services Finance and Policy Committee met on Wednesday and heard HF 970. This is NAMI legislation from Rep. Vang to increase the BIPOC mental health workforce. Sue Abderholden introduced the bill and noted that this bill would help improve outcomes. She then walked the committee through the bill.

Pahoua Yang testified in support of the bill on behalf of the Wilder Foundation and spoke to the urgent need to develop alternative pathways to licensure, noting that she has seen many talented mental health providers leave the field during a workforce shortage because they cannot pass licensure examinations. Dr. Willie Garrett also testified in support of the bill and warned the committee that a generation of black mental health professionals are about to retire with no-one to step in and take their place. Rep. Noor spoke in support of the bill and the importance of culturally competent mental healthcare. HF 970 was passed and referred to the

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Commerce Committee.

On Wednesday, February 24, the House Education Policy Committee met to discuss the governor’s education bill omnibus policy bill. HF 950 has many components to it, including requiring mental health instruction and supporting restorative practices over suspensions. There was extensive public testimony on this bill, including the provisions focusing on student mental health. However, some were concerned about the push for non-exclusionary practices and prohibiting student restraint. Rep. Erickson asked, “How are we going to allow for protection of our teachers and staff if there are violent movements or attacks by our students?” NAMI Minnesota submitted written testimony in support of HF 950. The bill was laid over for possible inclusion in the omnibus bill.

On February 24th, 2021, the Senate Health and Human Services Finance and Policy Committee met to hear SF 953 from Sen. Benson, which addresses the hospital bed moratorium at Regions Hospital. Regions Hospital, in Ramsey County, is the safety net hospital for the county and a level 1 trauma center. They currently do not have any more licensed beds available to them and are asking for 45 beds to be added to their allotment. President and CEO of Regions Hospital, Megan Remark, testified about the need for these beds. She outlined that Regions currently has 120 mental health beds and they are looking to add 20 more (15 are already approved but with the passing of this legislation, they will be able to add the final 5). This bill had strong bipartisan support in the committee and passed unanimously with bipartisan support.

The House Human Services Finance and Policy met again and heard HF 1340. This is legislation from DHS to bring Minnesota into compliance with the Federal Family First Act. After adopting an amendment, Lisa Bailey from DHS walked through the bill and the development of the Qualified Residential Treatment Program (QRTP) certification and the development of stricter standards for children to be placed in congregate care or residential settings. Kirsten Anderson from AspireMN testified on the bill and noted that there were still areas that require more work to ensure it works for the children's mental health community. Ms. Anderson focused on ensuring their is an appeals for parents and guardians and enhancing opportunities for youth transitioning to the adult mental health system.

The next testifier was NAMI's executive director Sue Abderholden stating "Unfortunately, we still do not have another option for parents of children with a serious mental illness. You have to understand that the child welfare or child protection lens clouds everything. Even during these task force meetings, when looking at the data for the number of children in voluntary placements due to their mental illness were labeled “number of children removed from the home” or “removal reasons” – these are not children who were removed from their home, these are children who were placed into needed treatment....For any other level of

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care - hospital, PRTF, and for private insurance residential – access is determined by medical necessity. Only for children on MA or children uninsured do you go through child welfare to access residential treatment."

Cindy Slowick testified next on behalf of the Minnesota Association of County Social Services Administrators (MACSSA) in support of bringing voluntary residential placements under 260D within the scope of Family First. Ms. Slowick also recognized the concerns of advocacy organizations like NAMI and expressed MACSSA's interest in developing an alternative pathway for voluntary residential program placement. After member questions, HF 1340 was referred to the Judiciary Committee.

On Thursday, February 25, the House Public Safety and Criminal Justice Reform Finance and Policy Committee met over juvenile justice bills (HF662, HF876, HF922, HF947, HF416). The committee heard testifiers explaining their experience with the juvenile system and the need for reforms. One parent of a child with autism, Tamara Freeze, spoke about her child’s traumatizing experience in juvenile holding when an incident happened in school. This experience lead to a regression in the child's treatment and the child was afraid to return to school. NAMI Minnesota submitted written testimony in support of House files 922, 947, 416, and 1309. All bills were sent to their next committee.

On February 26th, 2021, the House Commerce Finance and Policy Committee held a hearing on two bills related to telemedicine. HF1412 amends coverage for health care services and consultation via telehealth. In her remarks, Rep. Morrison noted that she introduced this legislation due to the growing number of visits provided by telehealth due to the pandemic; in 2015 less than 2% of visits were done via telehealth and in 2020 nearly 30% of visits were telehealth visits. Morrison and her testifiers outlined the importance of telehealth accessibility, including expanding access to underserved areas, saving patients time and money, and increasing convenience for healthcare visits. This bill rewrites the original bill passed in 2015 for telehealth including changing verbiage from telemedicine to telehealth, redefining the originating site, removing the arbitrary limit of telehealth visits covered by Medical Assistance, including telephone-only services, prohibiting the creation of telehealth only networks, and requiring insurance to reimburse at the same rate they would if it was an in-person visit. There were 6 in-person testifiers that appreciated the bill and what it can do to expand healthcare access. The Minnesota Council of Health Plans and Chamber of Commerce expressed concerns about the requirement for parity in health payments, and the Medical Alley Association joined these two in expressing concerns regarding the limitation of not allowing telehealth only plans. Written testimonies were submitted by the Minnesota Academy of Family Physicians, Minnesota Psychiatric Society, Minnesota Psychological Association, MARRCH, Children’s Minnesota, University of Minnesota Physicians, Minnesota Chapter of the American Academy of Pediatrics, Minnesota Business Partnership, Essentia Health, Americans

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for Prosperity Minnesota, Mayo Clinic, Minnesota Council of Health Plans, and Minnesota Medical Association. The bill was referred to the Committee on Health Finance and Policy.

The second telemedicine bill was HF269 ,which allows Minnesota to join the psychology inderjuristictional compact and appropriates money. Amendments were introduced; A5 provides guidance around liability of the commission and A6 deletes the fiscal note because there will be no cost to the state (it will be covered by the Board of Psychology). These bills were added on the request of the Minnesota Association of Justice - the trial lawyers. Because interstate compacts only work if each state passes identical language, these amendments undermine the bill and may prevent Minnesota from joining the compact and increasing access to mental health services. Dr. Trisha Stark on behalf of the Minnesota Psychological Association testified in favor of the entire bill. The bill was passed and rereferred to the Committee of Ways and Means for a floor vote.

Friday, the House Public Safety and Criminal Justice Reform Finance and Policy Committee heard HF 1267 (Long) , the Department of Corrections (DOC) bill on inspection and enforcement in jails. The bill was amended to be titled “The Hardel Sherrell Act” in honor of the man who died in the Beltrami County jail in 2018 after medical staff failed to address his sickness. Sherrell’s mother, Del Shea Perry, testified on Friday along with Brett Huber, the father of a man who died by suicide in the Todd County jail in 2017. NAMI worked with Rep. Hollins to offer a friendly amendment to further increase the mental health care standards and accountability in jails.

NAMI testified to support the amendment, citing the 2016 Office of Legislative Auditor report on mental health care in jails. In 2018, NAMI participated in a working group to implement many of the recommendations of the OLA report, but rules were never promulgated. The amendment was accepted on Friday and the bill was passed unanimously to the Ways and Means committee. As amended, the bill requires the DOC to promulgate rules for mental health screening, follow up referrals, suicide prevention, well checks, medication, segregation (solitary confinement), discharge planning and more. NAMI’s amendment also tightened up some the accountability and enforcement pieces like shortening the time period in which jails must respond to violations from 60 to 30 days, and requiring the DOC to post facilities with license violations on their website. Thanks to Rep. Long for carrying this important bill and Rep. Hollins for offering the amendment to begin to improve mental health care in Minnesota jails.

Upcoming Committee Hearings

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Monday

1:00 PM: The Senate Commerce and Consumer Protections Finance and Policy Committee will hear SF 1160. This is NAMI supported legislation on telemedicine

1:00pm: The Senate Judiciary and Public Safety Finance and Policy Committee will hear SF 415 (Koran) making requirements for charitable bail organizations.

3:00 PM: The Senate Education Finance and Policy Committee will hear SF 728, which would allow school social workers to bill Medical Assistance for Special Education Services using the IEP

Tuesday

8:30 AM: The House Capital Investment Committee will hear a presentation on the Governor's bonding proposal, including funding for affordable housing

8:30 AM: The House Judiciary and Civil Law Committee will hear a number of bills on eviction protections, including HF 400 which is NAMI supported legislation that allows someone to cancel a lease due to a mental illness in some situations

1:00 PM: The Senate Human Services Reform Finance and Policy will hear SF 1324, which makes certain waivers to the mental health system during COVID-19 permanent

1:00pm: The House Public Safety and Criminal Justice Reform Finance and Policy Committee will hear a POST Board policy bill clarifying data protections for law enforcement and subcommittee membership.

Wednesday

8:30 AM: The House Behavioral Health Subdivision will hold a hearing on HF 1390 on CCBHCs and HF 1102, which is NAMI legislation authored by Rep. Hanson that freezes a CADI Waiver

10:30 AM: House Education Finance will hear HF 486. This is NAMI legislation to fund an online, suicide prevention training for teachers and school staff

1:00 PM: The House Workforce and Business development Finance and Policy will hear HF 600, which would legalize recreational cannabis use

1:00 PM: The House Education Policy will hear HF 951 which would not allow students in K-3 to be suspended. NAMI supports this bill.

3:00 PM: The Senate Education will hear SF 782 which would pay for summer school for students in residential treatment

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Thursday

1:00 PM: The Senate Human Services Reform Finance and Policy Committee will hear SF 1321, which creates a new intensive, community-based treatment for children and youth

1:00 PM: The Senate Higher Education Committee will hear SF 42, which creates a loan forgiveness program for mental health professionals

1:00pm: The House Public Safety and Criminal Justice Reform Finance and Policy Committee will hear HF 901 (Moller) to provide more discretion in sentencing for prosecutors and HF 478 (Feist) the Veterans Restorative Justice Act.

5:00pm: The House Public Safety and Criminal Justice Reform Finance and Policy will hear several, including HF 1309 (Mueller) to reduce racial disparities in the juvenile justice system.

Friday

10:30am: The House Public Safety and Criminal Justice Reform Finance and Policy Committee will hear HF 1403 (Becker-Finn) to provide more options for conditional release for pregnant people in prison and HF 1097 (O’Neil) to provide more funding for the Alternatives to Incarceration grant program.

News from the State Level

Only 11 Days Until Mental Health Day on the Hill

There are only 11 days until the Mental Health Legislative Networks 2021 Day on the Hill. This is your chance to connect with other mental health advocates, share your personal story about mental illness, and meet with your legislators on the bills we need to pass to build or mental health system. NAMI Minnesota is counting on you to register for the Day on the Hill and schedule a meeting with both your representative and state senator. Meeting with your legislators is one of the most impactful things you can do to support NAMI Minnesota. At a meeting, you'll have the chance to connect with your state representative and share your story about mental illness. Before you meet with a legislator for the Day on the Hill, there will be a training where you will get up-to-date information about the bills that have a chance to pass

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and what specific issues you should mention during your meeting. Thank you to all our members and supporters for making sure the 2021 Mental Health Day on the Hill is a success! If you have any questions, please contact Sam Smith to learn more about the day and what you can do to get involved.

COVID-19 Vaccination Update

NAMI Minnesota continues to advocate for people with mental illnesses and community mental health providers to be higher on the vaccine priority list. Because of new research, building on the research from Australia, showing that people with schizophrenia are dying at higher rates from COVID-19, NAMI Minnesota again emailed the Vaccine Advisory Committee urging that people with schizophrenia be added to the group of people considered to have chronic conditions. You can read the research here.

Competency Restoration Task Force Submits Final Report

In 2019, NAMI advocated to create the Community Competency Restoration Task Force to address the rising number of people being found incompetent to stand trial. Sue Abderholden chaired the task force with vicechair State Public Defender William Ward, and after a year and a half of work, the task force submitted its final report to the legislature last week with findings and recommendations. The report is organized in three sections, 1) Community Competency Restoration, 2) Prevention and Diversion, and 3) Reducing Time in the Justice System. These are some of the key recommendations from the report:

Pass a law governing competency to stand trial with specific provisions for individuals who do not meet the civil commitment criteria, individuals who are unlikely to ever attain competency, and diversion opportunities for misdemeanor cases.

Establish and fund a continuum of inpatient, community, and jail-based competency restoration services.

Establish certified Forensic Navigator positions to support defendants and expedite the competency process.

Fully fund mobile crisis teams, require 911 emergency response services to partner with crisis teams, and establish minimum mental health training requirements for 911 dispatchers.

Provide funding for counties to pilot the new voluntary engagement services in the Commitment Act.

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Fund programs and address barriers to address black, indigenous, and people of color (BIPOC) and rural mental health workforce shortages.

Fund mental health care in jails and incentivize partnerships between jails and community providers.

NAMI is working further with stakeholders to draft language to implement a person-centered competency restoration continuum. We are also working with the judiciary committees in both bodies to have a hearing on the final report. KSTP ran a story last week interviewing several of the task force members on the issue. We are excited to move forward creating a more equitable and just process in the court system and to continue to divert people with mental illnesses from the justice system. You can read the final report here.

Strong Editorial From St. Cloud Times

Pointing to recent progress in building our mental health system and the tragic shooting in Buffalo Minnesota, the St. Cloud Times Editorial Board spoke passionately to the need to finally build our mental health system. Describing major gaps in our mental health crisis services, the board argues: "Mental health crises are just that — crises. They constitute acute needs that require no less urgent treatment than heart attacks or injuries from a car crash. Minnesota is making progress, but we have miles to go before our mental health care system is as effective as the one for our physical health. We can shorten the miles by channeling our outrage into action." NAMI Minnesota agrees and appreciates the support of advocates from across the state who are pushing leaders to invest in mental health services. You can read the full editorial here.

Avivo Opens Innovative New Shelter Space with Tiny Houses

Avivo is about to open a new and innovative tiny home village that will provide a safe and private place to sleep for up to 100 unsheltered Minneapolis residents. Emergency shelters save lives, but they don't work for everyone and many people choose to remain unsheltered. Unlike the overnight shelters that have traditionally provided shelter, the new Avivo program will offer a private space for each shelter guest with a bed, closet and small furnishings. The Avivo program is also pet friendly and has common bathrooms, showers, and a space for medication or meetings. This pilot project was made possible with Federal CARES Act dollars and funding from Minneapolis and the state of Minnesota. We are eager to see the outcomes from this new Avivo program and hope it can be a model for shelter moving forward. To learn

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more, you can read this article from the Star Tribune.

News from Federal Level

Congressman Emmer Signs on to New Mental Health Bill

Congressman Emmer has signed on to a new, bipartisan bill called the The Behavioral Health Coordination and Communication Act. This legislation would break down the silos between the different agencies that work on mental health and improve coordination. The Behavioral Health Coordination and Communication Act would:

Create an Interagency Coordinator for Behavioral Health to inventory currently disjointed federal programming and to develop a strategy for coordination across agencies to streamline the federal government’s approach to mental health and substance use disorders (SUD)

Task the Interagency Coordinator with identifying best practices for comprehensive mental health and SUD care

Establish a publicly available knowledge center on mental health and SUD, including insurance information, tools, and other public education efforts

Direct the Interagency Coordinator to produce public reports and recommendations for improving gaps in the mental health and SUD workforce, mental health and SUD services, service reimbursement in schools, and expenditures for services for justice involved youth

Promote efforts to destigmatize mental health and SUD and incorporate mental health and SUD screenings as a vital sign

Thank you to Congressman Emmer for his work to improve the mental health system at the federal level. To learn more about this bill, you can read this press release from the Emmer Office.

House Passes COVID-19 Relief PackageNAMI is pleased to report that the House passed a $1.9 trillion COVID-19 relief package. This bill legislation includes financial relief for many Americans, emergency rental assistance, support to open schools, and many other important provisions. Because this bill will face a filibuster in the Senate, it will be necessary to use the

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reconciliation get through the Senate. The goal is to pass the bill by March 14 when expanded unemployment insurance expires. (NPR)

New Report on Medicaid WaiversA new report by the University of Michigan’s School of Public Health outlines the various ways states utilize Medicaid waivers to increase access to quality behavioral health services. Medicaid Financing for Behavioral Health Services: The Use of Flexibilities and Authorities seeks to determine the variation in behavioral health provider reimbursement rates under fee-for-service (FFS) and managed care organizations (MCOs), as well as behavioral health provider numbers in Medicaid FFS and MCO programs in non-waiver states. Read the full report here . (National Council)

Bill Summaries

House Bill IntroductionsHF1356 (Gomez): Establishes the Shelter Resident Bill of Rights and sets basic obligations for emergency shelter providers. Referred to Human Services Finance and Policy.

HF1362 (Freiberg): Requires school districts to provide reasonable accommodations to parents with disabilities who have children with disabilities in developing an IEP. Referred to Education Policy.

HF1382 (Koegel): Appropriates funds for long-term homeless supportive services. Referred to Human Services Finance and Policy.This is a flexible funding source to support people who have been homeless continuously for one year or at least four times in the past three years.

HF1389 (Hassan; Gomez; Xiong, J.): Creates shelter facility appropriation bonds to support infrastructure improvements for emergency shelters. Referred to Human Services Finance and Policy.

HF 1390 (Bierman): Adjusts the rate-setting process for Certified Community Behavioral Health Clinics (CCBHCs) and makes technical changes to the certification of

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CCBHCs. Clarifies that CCBHC providers may offer mobile crisis services and that CCBHCs may coordinate some services with outside entities. Creates a CCBHC working group to make recommendations on the best regulatory options for this service line. Referred to Human Services Finance and Policy.

HF1403 (Becker-Finn; O'Neill; Richardson; Moller; Hollins; Wazlawik; Agbaje; Vang; Hassan; Olson, L.; Reyer; Jordan; Boldon; Berg; Schultz; Keeler; Gomez; Koegel; Theis; Youakim; Pryor; Morrison; Christensen; Feist; Bahner; Bernardy; Greenman; Hanson, J.; Her; Klevorn; Moran; Acomb; Liebling; Hausman; Scott): Allows pregnant inmates to be released temporarily to community-based programs that support prenatal or postnatal care. Referred to Public Safety and Criminal Justice Reform Finance and Policy.

HF1410 (Morrison): Requires money gained from tobacco company legal proceedings with the state to be used for tobacco use prevention. Referred to Health Finance and Policy.

HF 1411 (Morrison, Howard): Changes the word telemedicine to telehealth in certain statutes. Referred to Health Finance and Policy.

HF 1431 (Frederick): Clarifies that PCA support can include driving and accompanying the recipient on their chosen mode of transportation to medical appointments or to spend time in the community. Referred to Human Services Finance and Policy.

HF 1435 (Hanson, J): Clarifies eligibility for Northstar kinship assistance payments for children adopted by family members that are not the child’s parents. Also further clarifies what is covered under the Northstar kinship assistance benefit and what maximum benefits can be for different supports. Requires social services agencies to give the child’s medical and social history to the adopters. Furthermore, it requires the commissioner to review cases in the state adoption exchange. Referred to Human Services Finance and Policy.

HF 1437 (Hanson, J): Amends language surrounding applications for public assistance. Clarifies that submission of forms can be over the phone or internet and that can count as a signed application (even without a formal signature). This ensures that the start date of service coverage begins upon the completed submission of the application. Referred to Human Services Finance and Policy.

HF 1495 (Fishcer): Large policy bill from DHS to create a uniform licensing framework for community-based mental health services. Referred to Human Services Finance and Policy.

HF 1510 (Schultz, Liebling): Omnibus policy bill from Governor Walz. Referred to

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Human Services Finance and Policy.

HF 1512 (Edelson): Grants DHS additional flexibility around conducting a background study if the applicant has a valid license from their licensing board and has already completed a background check as a part of this licensing process. Referred to Human Services Finance and Policy.

HF 1526 (Bliss): Changes Veterans Suicide Awareness Day to Veterans Suicide Prevention and Awareness day. Referred to Labor, Industry, Veterans and Military Affairs Finance and Policy.

HF1529 (Fischer): Authorizes the Department of Health to inspect hospital systems to ensure they are complying with the requirements for obtaining an exception to the hospital bed moratorium. If the hospital system is not meeting these conditions, the Department of Health cannot renew the bed licenses. If a hospital system closes a facility with mental health and substance use disorder beds and banks these bed licenses, the hospital system must first replace these lost mental health and substance use disorder beds before using these bed licenses for other purposes. Referred to Human Services Finance and Policy.

HF 1532 (Frederick): Community Supports Policy Bill from DHS. Referred to Human Services Finance and Policy.

HF 1564 (Frederick): Extends waiver modifying certain background study requirements for human service programs up to 180 days after peacetime emergency response to the COVID-19 outbreak expires. Referred to Human Services Finance and Policy.

HF1598 (Reyer): Increases medical assistance and MinnesotaCare dental payment rates. Referred to Health Finance and Policy.Many dental providers do not accept MA and MinnesotaCare because the rates are too low.

HF 1600 (Reyer): ): Appropriates $6 million in FY22 and FY23 from the general fund to the commissioner of human services for adult mental health initiatives. Referred to Human Services Finance and Policy.

HF1624 (Thompson; Hollins; Gomez; Feist; Agbaje; Xiong, J.): Repeals local government restrictions on adoption of rent control laws. Referred to Housing Finance and Policy.

HF1625 (Baker): Creates and funds school linked substance use disorder programs and school-linked mental health services to identify, and diagnosis substance use

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disorders along with providing treatment and services to students and their families. Referred to Human Services Finance and Policy.

HF1634 (Hausman): Allows for the use of bonding dollars for the construction, acquisition, and rehabilitation of permanent housing that is affordable to households with incomes at or below 50 percent of the area median income. When considering proposals for the use of Housing Infrastructure Bonds, the Minnesota Housing Finance Agency must give preference to projects that are affordable to people at or below 30% of area median income. Allocates bonding dollars for housing infrastructure bonds and the rehabilitation of public housing. Referred to Housing Finance and Policy.

HF1653 (Moller): Permits the human services commissioner to collect data about individual children's mental health screenings for the purposes of program evaluation and improvement. Changes language on public guardianship and reflects the changes made to guardianship. Referred to Human Services Finance and Policy.

HF 1654 (Moller, Hortman, Richardson, Pinto, Becker-Finn, Fischer, Jordan, Howard, Schultz, Lee, Hanson J, Bahner, Olson L, Reyer, Freiberg): Creates a legal process that prohibits someone from possessing firearms if they are danger to themselves or others. Referred to Public Safety and Criminal Justice Reform Finance and Policy.

Senate Bill IntroductionsSF 1229 (Rosen; Limmer; Ingebrigsten): Creates a grant program for substance use disorder services, local violence prevention, and domestic abuse prevention. The substance use disorder services grant program is available to individuals or organizations in greater Minnesota to expand availability of services, enhance current evidence-based approaches, or fund the planning phase of an evidence-based approach. The grant program will give priority to projects that service geographic areas that have the highest crime rate or highest concentration of disadvantaged youth, serve underserved or marginalized people, or demonstrate community involvement in the program. Referred to Judiciary and Public Safety Finance and Policy.

SF 1233 (Klein, Draheim, Hoffman): Allows someone over the age of 16 to consent for non-residential mental health treatment. Referred to Health and Human Services Finance and Policy.NAMI Minnesota supports this legislation. Minors can already consent to receive inpatient mental health treatment.

SF 1246 (Abeler, Housley, Hoffman): Increases the reimbursement rates for substance use disorder programs that provide culturally specific treatment or serve people with disabilities. Referred to Human Services Reform Finance and Policy.

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SF 1247 (Abeler, Franzen, Utke, Hoffman): Modifies the disability waiver rate system and creates a rate for delivering day support services and prevocational services remotely. Referred to Human Services Reform Finance and Policy.

SF 1248 (Abeler; Klein; Franzen): Requires the commissioner of human services to calculate the amount of money paid by the Department of Human Services when using fee-for-service claims vs. capitation payment. The managed care plans and county-based purchasing plans must pay back the amount if it is more because of fee-for-services payments. Referred to Health and Human Services Finance and Policy.

SF 1257 (Benson, Utke): Grants DHS additional flexibility around conducting a background study if the applicant has a valid license from their licensing board and has already completed a background check as a part of this licensing process. Referred to Health and Human Services Finance and Policy.

SF 1265 (Draheim): Prohibits price gouging for prescription drugs and puts legal processes in place for if prescription drug prices are too high. Referred to Health and Human Services Finance and Policy.

SF 1278 (Miller; Jasinski): Authorizes a supplementary services rate for mental health facilities in Winona County and Steele County. Referred to Human Services Reform Finance and Policy.

SF 1290 (Dziedzic, Hawj, Kent): Requires a public housing resident to have a lawyer when they are subject to an eviction. Referred to Civil Law and Data Practices Policy.

SF1292 (Ingebrigtsen): Requires the commissioner to set the statewide rate for crisis stabilization services for medical assistance enrollees and reevaluate the rate each year. Referred to Human Services Reform Finance and Policy.

SF1315 (Kiffmeyer, Housley, Pratt, Benson): Allows the commissioner of corrections to conditionally release an inmate up to one year who is postpartum who gave birth within eight months of commitment or an inmate who is pregnant for the duration of the pregnancy and up to one year postpartum. Referred to Judiciary and Public Safety Finance and Policy.

SF1319 (Nelson): Appropriates grant funding to home and community-based service providers to assist with the costs associated with serving clients during the Covid-19 pandemic. Referred to Human Services Reform Finance and Policy.

SF1321 (Nelson): Establishes and defines intensive in-home children's mental health stabilization and support services including client eligibility for people aged 20 and

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under, covered services, eligible providers, and service delivery requirements. Intensive in-home children's mental health stabilization and support services include eligible psychotherapy, individual/family and group psychoeducation services, clinical care consultation and coordination, crisis assistance, family respite care, family peer specialist services, homemaking assistance services, transportation costs related to the provision of necessary services, and on-call, after-hours client support services. Requires the commissioner of human services establish a payment rate for intensive in-home children's mental health stabilization and support services along with identifying federal matching funds through medical assistance and other funding sources. Referred to Human Services Reform Finance and Policy.

SF1324 (Nelson): Allows an individual residing in a hospital, nursing facility, or residential setting that receives mental health targeted case management the option to meet using interactive video up to two consecutive times after each face to face meeting. Grants exceptions for certain reassessments to be conducted by interactive video or telephone and may substitute for face-to-face reassessments. Allows an individual to submit an application to a county agency by telephone or Internet telepresence along with a signed written application within thirty days of the telephone call or Internet telepresence meeting. Referred to Human Services Reform Finance and Policy.

SF 1331 (Hoffman, Utke, Abeler): Amends language surrounding applications for public assistance. Clarifies that submission of forms can be over the phone or internet and that can count as a signed application (even without a formal signature). This ensures that the start date of service coverage begins upon the completed submission of the application. Referred to Human Services Reform Finance and Policy.

SF 1333 (Hoffman, Utke, Abeler): Clarifies eligibility for Northstar kinship assistance payments for children adopted by family members that are not the child’s parents. Also further clarifies what is covered under the Northstar kinship assistance benefit and what maximum benefits can be for different supports. Requires social services agencies to give the child’s medical and social history to the adopters. Furthermore, it requires the commissioner to review cases in the state adoption exchange. Referred to Human Services Finance and Policy.

SF 1331 (Dziedzic): Requires tenant screening services to delete any reference to a eviction in their database if eviction was expunged or the court ruling did not lead to an eviction. The tenant screening service must also update and verify all records on evictions. Adds additional specificity to what the landlord must include in their complaint when seeking an eviction, as well as more information on the court summons for an eviction hearing. Referred to Civil Law and Data Practices Policy.

SF 1349 (Utke, Hoffman): Requires all emergency shelters and domestic violence

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shelters that accept state funding to ensure that they are accessible to people with developmental and intellectual disabilities, including sensory friendly spaces. Appropriates funding for a training on engaging people with developmental and intellectual disabilities.

SF1350 (Utke): Requires the commissioner of human services to implement system improvements including reducing paperwork for substance use disorder programs. Appropriates funding for the commissioner of human services to contract with a vendor to make system improvements. Referred to Human Services Reform Finance and Policy. Referred to Human Services Finance and Policy.

SF 1362 (Utke): Requires private insurance to cover treatment from a clinical trainee. Allows alcohol and drug counsellors to be eligible for loan forgiveness programs to expand the healthcare workforce. Requires the licensing boards for mental health professionals to include representatives from rural providers and people of color. Requires continuing education credits to include training on cultural competency. Allows someone completing their practicum or internship to qualify as a mental health practitioner in order to bill for services. Allows for the use of grant funding to develop BIPOC supervisors and traditional healing practices for American Indians. Creates a task force to make recommendations on how to increase the number of BIPOC mental health professionals. Directs DHS and MDH to consider alternative paths to licensure that recognize the limitations with national testing, as well as to work with the licensing boards for mental health professionals to simplify the process for finding a supervisor and completing internship requirements. Appropriates funding for loan forgiveness programs and to fund CEUs so BIPOC mental health professionals can become supervisors. Referred to Health and Human Services Finance and Policy.This is NAMI Legislation developed in collaboration with the Wilder Foundation to expand the BIPOC mental health workforce.

SF 1395 (Hawj, Abeler, Hoffman): Appropriates grant funding for the nonprofit Better Future Homes to provide job skills training to individuals with a felony when released from prison. Referred to Jobs and Economic Growth Finance and Policy.

SF 1414 (Benson): Omnibus DHS Policy Bill. Referred to Health and Human Services Finance and Policy.

SF 1465 (Limmer): Requires senate confirmation of certain members of the Minnesota Sentencing Guidelines Commission. It also requires this Commission to adopt rules for how they conduct meetings and the public accessibility of said meetings. Referred to Judiciary and Public Safety Finance and Policy.

SF 1468 (Draheim): Amends the moratorium on development of housing support

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beds by increasing the number of supportive housing beds from 226 to 500, adding eligible counties to add beds, and increasing flexibility about who is eligible to use one of these beds. Referred to Human Services Reform Finance and Policy.

SF 1469 (Draheim): Governor’s Housing Budget Bill. Referred to Housing Finance and Policy.

SF 1475 (Senjem): Appropriates $6 million in FY22 and FY23 from the general fund to the commissioner of human services for adult mental health initiatives. Referred to Human Services Reform Finance and Policy.

SF 1484 (Miller): ): Requires money gained from tobacco company legal proceedings with the state to be used for tobacco use prevention. Referred to Health and Human Services Finance and Policy.

SF 1511 (Eichorn, Lang, Jasinski, Duckworth): Changes Veterans Suicide Awareness Day to Veterans Suicide Prevention and Awareness day. Referred to Veterans and Military Affairs Finance and Policy.

Updates from NAMI Minnesota

NAMI Legislative CommitteeMeetings are held on the second Tuesday of every month at 6 PM. To be added to the email list, contact Sam Smith. Did you know Sue has a blog? Read the latest post here.

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