LEGISLATIVE ISSUES 2019 - NAMI Minnesota
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2019 LEGISLATIVE ISSUES MENTAL HEALTH LEGISLATIVE NETWORK OF MINNESOTA 1919 University Ave. W., Suite 400, St. Paul, MN 55104
MENTAL HEALTH LEGISLATIVE NETWORK 2019 The Mental Health Legislative Network (MHLN) is a broad coalition that advocates for a statewide mental health system that is of high quality, accessible and has stable funding. The organizations in the MHLN all work togeth- er to create visibility on mental health issues, act as a clearinghouse on public policy issues and to pool our knowledge, resources and strengths to create change. This booklet provides important information for legislators and other elected officials on how to improve the lives of children and adults with mental illnesses and their families and how to build Minnesota’s mental health system. The following organizations are members of the Mental Health Legislative Network: Amherst H. Wilder Foundation MN Office of Ombudsman for Mental Health and Devel- AspireMN opmental Disabilities Barbara Schneider Foundation Minnesota PROOF Alliance, formerly MOFAS Canvas Health Minnesota Psychiatric Society Catholic Charities of St. Paul and Minneapolis Minnesota Psychological Association Children’s HealthCare Minnesota Minnesota Recovery Connection Community Involvement Programs Minnesota Society for Clinical Social Work Emily Program Foundation Minnesota School Social Workers Association Fraser NAMI Minnesota Goodwill Easter Seals National Association of Social Workers, Minnesota Guild Incorporated Chapter Lutheran Social Service of Minnesota MN Office of Ombudsman for Mental Health and Devel- Mental Health Minnesota opmental Disabilities Mental Health Providers Association of Minnesota People Incorporated Mental Health Resources Resource, Inc. MMLA/Minnesota Disability Law Center Rise Minnesota Association for Children’s Mental Health State Advisory Council on Mental Health Minnesota Association of Community Mental Health Subcommittee on Children’s Mental Health Programs Touchstone Mental Health Minnesota Coalition of Licensed Social Workers Vail Place Minnesota Association of Marriage and Family Thera- Wellness in the Woods py Minnesota Behavioral Health Network Minnesota Department of Human Services If you have questions about the Mental Health Legislative Network or about policies related to the mental health system, please feel free to contact NAMI Minnesota at 651-645-2948 or Mental Health Minnesota at 651-493-6634. These two organizations co-chair the Mental Health Legislative Network. 2
TABLE OF CONTENTS Mental Illnesses 4 The Mental Health System 5 Key Issues for the 2019 Legislative Session 6 System Issues 7—8 Reimbursement Rates Mental Health Parity Network Adequacy Certified Community Behavioral Health Clinics Telemedicine Adult Mental Health Services and Supports 9—12 Flow Issues Housing Crisis Response Peer Respite Clubhouse or Community Support Programs First Episode Employment Farmers Children’s Mental Health 13—15 Early Childhood Consultation School-Linked Mental Health Grants Residential Treatment Children’s Mental Health Supports Education Conversion Therapy Access to Mental Health Treatment 16—17 Workforce Duty to Warn Suicide Prevention Community Mental Health Treatment Racial Disparities and Mental Health Equity Criminal Justice 18—19 Prisons Administrative and Disciplinary Segregation Jails Ombudsman Other Issues 20 Civil Commitment Provision of Care in Integrated and Culturally Diverse Settings 3
MENTAL ILLNESSES Mental illnesses are medical conditions that disrupt a Resilience becomes a key component of recovery. person's thinking, feeling, mood, ability to relate to oth- ers and daily functioning. Mental illnesses affect about Some people need access to basic mental health treat- one in five people in any given year. People affected ment. Others need mental health support services such more seriously by mental illnesses number about 1 in as case management (and/or care coordination) to as- 25. Mental illnesses can affect persons of any age, race, sist them in locating and maintaining mental health and religion, political party or income. social services. Still others need more intensive, flexible services to help them live in the community. Examples of mental illnesses include major depression, schizophrenia, bipolar disorder, obsessive compulsive Depending on the severity of the mental illness and disorder (OCD), anxiety, panic disorder, post-traumatic whether timely access to effective treatment and sup- stress disorder (PTSD), eating disorders and borderline port services are available, mental illnesses may signifi- personality disorder. There is a continuum, with good cantly impact all facets of living including learning, mental health on one end and serious mental illnesses working, housing stability, living independently and on the other end relationships. Mental illnesses are treatable. Most people diagnosed Although there are effective treatments and rehabilita- with a serious mental illness can get better with effec- tion, the current mental health system fails to respond tive treatment and supports. Medication alone is not timely to the needs of too many children, adults and enough. Therapy, peer support, nutrition, exercise, sta- their families. Timely access to the full array of neces- ble housing, and meaningful activities (school, work, sary mental health benefits and services, whether treat- volunteering) all help people recover. ment or rehabilitation, is often limited due to lack of insurance coverage, low payment rates, workforce The Substance Abuse Mental Health Services Admin- shortages or geographical or cultural disparities. istration (SAMHSA) defines recovery as a process of change through which individuals improve their health Without access to treatment and supports, people with and wellness, live self-directed lives, and strive to reach mental illnesses may cycle in and out of the criminal their full potential. Recovery is characterized by contin- justice system or homelessness, drop out of school, be ual growth and improvement in one’s health and well- unemployed and be isolated from family, friends and ness that may also involve setbacks. the community. 4
THE MENTAL HEALTH SYSTEM The mental health system is not broken. It was never vices in the community such as affordable supportive built. The old state hospitals were not a system and housing, community supports, employment supports, there were very good reasons that they closed. Most educational services, respite care and in-home sup- of the beds closed by 1980 and since then we have ports. These services are often funded by state identified what works and advocated for funding to grants and county funds. build our mental health system. Barriers to progress Workforce: Psychiatry, psychology, clinical social exist and we hope to address them this session. work, psychiatric nursing, marriage and family thera- Insurance Coverage: The main access to the men- py and professional clinical counseling are consid- tal health system is through insurance – either pri- ered the “core” mental health professions. For many vate health plans or a state program such as Medical years, Minnesota has experienced a shortage of men- Assistance (MA) or MinnesotaCare. For those who tal health professionals. This shortage has been felt have no insurance or poor coverage, access is then most profoundly in the rural areas of the state and through the county or a community mental health within culturally specific communities. center. Private health plans often do not cover the Reimbursement Rates: Historically, poor reim- full array of mental health services. Mental health bursement rates in public mental health programs parity only requires plans to ensure parity IF they have contributed to the problems of attracting and cover mental health or substance use disorder treat- retaining mental health professionals. Improved pay- ment. Under the Affordable Care Act (ACA) individual ment to mental health providers allows providers to policies and small group plans must cover mental hire and supervise qualified workers to better meet health and substance use disorder treatment and fol- the needs of people with mental illnesses in a timely low mental health parity laws. Enforcement needs to way. Rates paid through managed care Medical Assis- be stronger. tance are often lower than fee-for-service rates. Community Services: Some people who have the most serious mental illnesses need additional ser- 5
KEY ISSUES FOR THE 2019 LEGISLATIVE SESSION More than ever before, we know what works. Early intervention, evidence-based practices and a wide array of men- tal health services has created the foundation for a good mental health system in Minnesota. Unfortunately, work- force shortages, poor reimbursement rates, and lack of coverage by private plans have resulted in a fragile system that is not available statewide and is not able to meet the demand. People often look for “quick fixes” such as more beds. Children and adults with mental illnesses spend the majori- ty of their lives in the community. Thus, the “fix” is more complex in that we need to provide early identification and intervention, be able to address a mental health crisis, and provide ongoing supports in the community. While the focus tends to be on the delivery of mental health treatment, other areas need attention as well. People with mental illnesses rely on the CADI Waiver (Community Alternatives for People with Disabilities) or on Com- munity First Services and Supports (which will replace the old PCA program) for day-to-day help in their homes. Yet changes to both of these programs have resulted in them being less available to people with mental illnesses. Affordable and supportive housing are very important to recovery. If you are homeless or have unstable or unsafe housing, it is difficult to focus on getting better. Everyone needs a reason to get up in the morning and yet people with serious mental illnesses have one of the highest unemployment rates. Graduating from high school is important to future success. Many young people with serious mental illnesses drop out of school. Often, they lag behind their peers due to being in day or residential treatment and yet cannot access summer school. These students face the use of seclusion and restraints more frequently and schools are often at a loss as to what to do to keep the child safe. Our juvenile justice and criminal justice system have been used for over 50 years to care for youth and adults with mental illnesses who have committed largely nonviolent crimes. Steps have been taken to address this in- cluding training of public safety officers, the development of mental health courts and the creation of mental health crisis teams _ but it isn’t enough Suicide rates are increasing in Minnesota. Nearly 800 people took their lives last year. Given the scale of this prob- lem – exceeding even the opioid crisis – it is imperative that we recognize Minnesota’s suicide rate as a public health crisis that requires immediate action. Low rates and workforce shortages add to the stressors on the system. Providers are not paid for what they are required to do. Low rates make it difficult to attract new people to the field. Workforce shortages make it difficult to hire enough people to meet the needs. The Mental Health Legislative Network believes these challenges, though very significant, are not insurmounta- ble. Again, we know what works. Let’s build our mental health system. Key Issues for the 2019 Legislative Session Stabilizing and increasing access to effective mental health care throughout the state by increasing rates and funding and eliminating barriers to development Enforcing Mental Health Parity laws Expanding access to intensive treatment and supports Providing supports and education that support children to live with their families Helping people living with mental illnesses obtain stable housing and employment Expanding access to home and community supports through waivers and in-home services Ending the inappropriate use of the criminal and juvenile justice systems for children and adults with mental illnesses and providing adequate mental health care in these systems Expanding the mental health workforce 6
SYSTEM ISSUES providers are paid less than the fee- delivery and payment system to ad- for-service rate. dress the immediate need and long- Reimbursement term solutions to solvency, includ- Providers serving the most vulnera- ing: Rates ble face additional pressure because Addressing mental health ser- they cannot gap-fill losses with com- vices' payments under managed Issue: There is not a sustainable mercial payments and do not refuse care by requiring that mental reimbursement rate for mental services to clients for any reason. health services payments must health providers. be at least equal to the published Sustainable reimbursements for ser- fee-for-service schedule Background: Reimbursements for vices are key to addressing work- Providing a rate increase for mental health services under Medi- force shortage, program cuts/ flat- community mental health ser- cal Assistance have been a concern tening, and safety net services. vices for many years. We are now at a crit- Revise payments so that there is ical time in which demand for more Policy Recommendations: a sustainable payment method- access is catalyzing increased invest- The MHLN propose a three (3) part ology for mental health services ments to build more services on top reformed mental health service under Medical Assistance of a very unstable foundation. Many Mental Health maximums for mental health care. the NQTLs. Parity Treatment Limits: Health plans can- not establish different quantitative Policy Recommendations: limits for mental health care than Require private health plans to Issue: Mental health services are other medical benefits. demonstrate that their plans are not covered by insurance in the in compliance with parity regu- same way as medical health ser- Non-Quantitative Treatment Limit lations, including non- vices. (NQTL): Requires plans to make the quantitative treatment limits scope or duration of benefits for such as network adequacy, wait Background: The Mental Health treatments the same. An NQTL can times, formularies, etc. before Parity and Addiction Equity Act of take the form of step-therapy for a they are certified by the Depart- 2008 (MHPAEA) is a federal law medication, different standards for a ment of Commerce aimed at requiring health insurance provider to enter a network includ- Require the Departments of to cover mental health or substance ing reimbursement rates, or other Commerce and Health to moni- use disorder services in the same limits based on facility type or pro- tor the implementation of men- way plans cover other medical ser- vider specialty that limit the scope tal health parity, including mar- vices. Minnesota statutes require or duration of health plan benefits. ket conduct examinations plans to follow the federal law. Mental health parity stipulates that Require the Departments of The three pillars of mental health the standards that a health plan uses Commerce and Health to provide parity are: when making an NQTL cannot be a report to the legislature every any more stringent or restrictive for year regarding their efforts to Out of Pocket Costs: Mental health mental health and substance use dis enforce the parity law parity requires that copayments cannot be higher for mental health order treatment than it is for other care than other medical surgical categories of health care. benefits, nor can there be a different deductible or higher out-of-pocket Violations still occur in all three areas, but the most common one is 7
For specialty services, the maximum in-network providers. Network travel time must be less than 60 minutes or 60 miles. These criteria Policy Recommendations: Measure wait times and other are not adequate because they do Adequacy not consider wait times or whether criteria as a better predictor of network adequacy in-network mental health providers Require health plans to annually Issue: Minnesotans seeking men- are even accepting new clients. attest to the active status of pro- tal health care face narrow net- Plans can apply for a waiver from viders within their network works, particularly in rural commu- these network adequacy require- Require a public hearing on re- nities. ments. If the plan would like to re- quested waivers to network ade- new their waiver after it expires, the quacy Background: Health plans con- Department of Commerce must take Require licensing boards to tract with hospitals, doctors, and into consideration steps taken by the share their lists with the MN other providers to provide health plan to expand their network when Dept of Health and mental health care for its plan reviewing this waiver request. Acknowledge the crisis in access members. These providers consti- to care by requiring health plans tute a health insurance plan’s net- Over 800 Minnesotan’s died by sui- to contract with any willing work and plan members pay more if cide last year. To respond to this cri- mental health provider to pro- they receive care out of their net- sis and ensure that Minnesotan’s vide services in-network if they work. have access to mental health ser- are willing to comply with the vices, NAMI Minnesota believes it is Minnesota law requires health plan same standards and accept the necessary to allow any willing men- networks to offer mental health ser- same rates as other in-network tal health provider to offer in- vices with a maximum travel time of providers. And require training network services if they are willing no more than 30 miles or 30 minutes for health care and mental health to abide by the same requirements to the nearest provider. care providers on how to treat and rate structure as other ments, implementing new tools, Background: Internet-based Certified enhanced care coordination, models for addressing the opioid epidemic telepresence offers broad applica- tions to assist in rapid innovation Community and a sustainable payment system for delivering mental health ser- and statewide service implementa- tion. Increasingly, different Behavioral vices. telepresence platforms are being used by different sectors and disci- The CCBHC model is an opportunity Health for laying a new foundation in men- plines, making it difficult to efficient- ly and effectively connect with criti- tal health services delivery in Minne- cal partnerships, providers and indi- Clinics sota. viduals that depend on access. Lim- Policy Recommendation: its on the type of provides and num- Issue: Minnesota needs to sustain Expand and continue develop- ber of visits limits access. and expand the CCBHCs. ment of the CCBHC model be- Policy Recommendation: yond the FY 2019 demonstration Background: The Certified Eliminate the cap on the number end date and authorize sustaina- Community Behavioral Health Clin- of encounters permitted in a ble funding options ics (CCBHC) model is a federal pilot week of the Excellence in Mental Health Create a Telepresence Task Act. Minnesota is one of eight states Force to evaluate leveraging the selected for the pilot. CCBHCs are Telemedicine State of Minnesota’s “one stop” shops that provide more telepresence network to connect seamless care. Issue: Current statute limits the providers of critical mental frequency and type of providers who health services and to better To date, we found the model pro- can use telemedicine to serve people serve individuals that lack access vides great service flexibility, inno- experiencing mental illness. due to geography, lack of trans- vation and efficacies. portation or incarcerated These include: aligned intake assess- 8
ADULT MENTAL HEALTH SERVICES AND SUPPORTS the community who may be more ill Expanding the Transition to and need to continue their care at Community Initiative to serve Flow Issues AMRTC are unable to transition out people over age 65, people in of community inpatient beds and Community Behavioral Health Issue: People are waiting in the into AMRTC. This has created a sig- Hospitals (CBHHs), and people emergency room for a bed and in nificant bed flow problem for com- in community hospitals seeking community hospitals to get into munity psychiatric units. To make admission to AMRTC Anoka Metro Regional Treatment the situation worse, over 20% of Fund projects that offer high Center (AMRTC) or an Intensive Res- people at AMRTC do not need that intensity, secure facilities for idential Treatment Services (IRTS) level of care and are waiting to tran- people with complex mental facility and people are waiting at sition into the community and the health needs ARMTC for community services. state is not using all of the beds that Increase the number of Forensic are licensed or funded. The Minne- Assertive Community Treatment Background: The “48 hour rule” sota Hospital Association reports Teams gives jail inmates who are commit- that roughly 20% of the people in an Expand the Elderly Waiver to ted priority to access state facilities, inpatient unit are waiting for anoth- meet the mental health needs of in particular AMRTC. The number of er level of service. older adults at AMRTC or MSH people found incompetent to stand Fund community competency trial has increased greatly resulting Policy Recommendation: Address restoration programs in most of the people at AMRTC the “flow issues” by: Break off State Operated Ser- coming from jails. It went from 44 Provide funding for mental vices from DHS to become its people a year from jails in 2013 to health treatment to inmates in own agency 227 in 2017. As a result, patients in jail operated facility, access to perma- of Ramsey and Hennepin Counties. Housing nent supportive housing significant- ly reduces their time in these sys- Bridges provides housing subsidies to people living with serious mental tems. In one study, 95% of the costs illnesses while they are on the wait- Issue: There is limited access to of supportive housing were offset by ing list for federal Section 8 housing affordable and supportive housing. lower treatment costs. assistance. There are long waiting Background: People with mental The grant program called Housing lists for this program. illnesses are much more likely to with Supports for Adults with Seri- Recommendations: face housing instability or even ous Mental Illness provides grants to Increase funding for the Bridges homelessness. Unmanaged mental housing developers, counties and Program health symptoms, job loss, inpatient tribes to increase the availability of Increase funding for housing mental health treatment, or an expe- supportive housing options. In the supports for adults with serious rience with the criminal justice sys- 2017 Legislative Session, supportive mental illnesses tem all increase the challenges that housing funding was increased by Expand the landlord risk mitiga- people with mental illnesses face $2.15 million dollars in one-time tion fund and provide the funds when trying to find and maintain a funding. The 2018 bonding bill also to agencies serving people who stable housing situation. People with included $30 million dollars to de- are homeless mental illnesses cannot achieve re- velop or renovate supportive hous- Block DHS’s efforts to limit the covery without stable housing. ing for people with mental illnesses. number of people in a building Many studies show that supportive As of October 2018, over 5,280 Min- on a home and community- housing successfully interrupts this nesotans with mental illnesses were based waiver to 25% cycle. For those with a history of in- on a waiting list to receive support- carceration or treatment in a state- ive housing, including 2,390 outside 9
linking people in crisis to outpa- Mobile crisis services are available Crisis Response tient services, and Effective in finding hard-to- throughout Minnesota for both adults and children. Hours of cover- reach individuals age vary as does ability to respond. Issue: Minnesota residents do not Providing a mental health response have the appropriate level of mental also limits interactions with police. Other components of the crisis sys- health crisis services available to tem should include: Urgent care or them in an appropriate or effective Mobile crisis interventions are face- walk in clinics, direct referral from time frame to-face, short-term, intensive mental 911, psychiatric emergency rooms health services provided during a and crisis homes. Background: Mobile crisis teams mental health crisis or emergency. reduce psychiatric hospitalizations. These services help the recipient to: Research has shown that mobile Policy Recommendations: Cope with immediate stressors crisis services are: Increase state funding for crisis and lessen his/her suffering Effective at diverting people in teams and homes Identify and use available re- crisis from psychiatric hospitali- Allow flexibility with funding in sources and recipient’s strengths zation order to meet demands at key Avoid unnecessary hospitaliza- Effective at linking suicidal indi- times tion and loss of independent liv- viduals discharged from the Require training on children’s ing emergency department to ser- mental health Develop action plans vices Continue to move to have one Begin to return to his/her base- Better than hospitalization at (not 44) crisis numbers line level of functioning engagement, and established men- while using supports of the person’s Peer Respite tal health services and supports. own choosing. Peer respites are voluntary, short- An August 2018 study compared term, services provided in a home- costs of service by analyzing the Issue: Adults with serious men- like setting designed to support indi- month of crisis respite use and the tal illnesses seeking help through viduals experiencing, or at-risk of, a 11 subsequent months. Medicaid local hospital emergency rooms psychiatric crisis. “Most peer res- expenditures were on average and/or experiencing interventions pites work to mitigate psychiatric $2,138 lower per Medicaid-enrolled via local law enforcement, often emergencies by addressing the un- month with 2.9 fewer hospitaliza- learn that there are no community derlying cause of a crisis before the tions for crisis respite clients than services that can assist them until need for traditional crisis services would have been expected with ab- they are experiencing marked in- arise.” sence of the intervention. creases in symptoms or even a Ostrow, Laysha & Croft, Bevin. (2015). Peer Res- E Bouchery (2018 Aug 3) The Effectiveness of a mental health crisis. Then, many pites: A Research and Practice Agenda. Psychiatric Peer Staffed Respite Program as an Alternative to Services, 66(6), 638-640. are deemed “eligible” to access Hospitalization. Psychiatric Services. 68(10) 1069- more acute or subacute treatments 1073. The foundation of PRS is the Peer in hospitals, intensive residential Support model itself. Peer Support Policy Recommendations: treatment services, or face incarcer- is rooted in the empathic under- Approve development of stand- ation within jails and prisons. The standing of shared experiences of ards for and implementation of a purpose of Peer Respite Services psychological and/or emotional dis- minimum of two (2) consumer- (PRS) is to alleviate situations such tress, rather than the medical treat- run peer respite services admin- as these. ment model. PRS differs from pre- istered through DHS Background: With a lack of ear- sent crisis response and stabilization Provide annual funding of ly, preventative community-based programs due to the holistic support $370,000 beginning in fiscal year alternatives, such as PRS, unneces- of the guests learning and growing 2019-2020 with an additional sary and damaging trauma is expe- during their stay rather than a focus $60,000 being to evaluate the rienced by the person and their on medication, diagnosis and thera- new services during year one family and friends. Often, there are py. Peer respite promotes empower- and two unwarranted losses of housing, ed- ment, self-advocacy, and personal ucation, employment, community responsibility for one’s recovery 10
quality of life, and mental health re- support services available, and have Clubhouse or covery. It provides a unique- ly integrated approach to recovery, been proven effective. Policy Recommendations: Community combining peer support with a full array of services. Studies have Ensure that State funding to shown Clubhouse Programs de- counties is used to support Com- Support Programs crease isolation, reduce incarcera- munity Support Programs and tion and hospitalizations, and in- Clubhouse Model Programs. Issue: Increase access to Communi- crease employment opportunities. Fund Community Support Pro- ty Support Programs and Clubhouse grams and Clubhouses to carry Model programs across the state. Funding: Community Support Pro- out employment programming grams/Clubhouse Programs rely on Background: Community Support a limited funding stream: Communi- programs and Clubhouse Model pro- ty Support Grants (part of the State grams help people with mental ill- Adult Mental Health grants) and lo- nesses stay out of the hospital while cal county dollars. Reliance on this achieving social, financial, housing, often at-risk funding restricts the educational and vocational further dispersion of community goals. People are referred to as support and Clubhouse programs members not clients. The Club- across the State of Minnesota. De- house Model is an Evidence– spite the fact that they are among Based Practice for employment, the most cost-efficient community First Episode deal in terms of hospitalizations, While 10% of the federal mental homelessness, and involvement health block grant must be used for with the criminal justice system. It first psychotic episode programs, Issue: There are limited programs and services available for people costs the individual even more. state funding is needed to develop experiencing their first psychotic or enough programs around the state First Episode Projects, focusing on mood episode. The results are ad- to meet the need - which we calcu- psychosis and mood disorders, will verse outcomes and disability late to be at least eight programs. offer coordinated specialty care in- caused by their untreated mental cluding case management, psycho- Policy Recommendations: illness. therapy, psychoeducation, support Increase the number of first epi- Background: Individuals experi- for families, cognitive remediation, sode psychosis (FEP) programs encing their first psychotic or manic and supported employment and/or so that young people experienc- episode are not receiving the inten- education. These programs provide ing their first psychotic episode sive treatment they need to foster intensive treatment right away. receive intensive treatment recovery. On average a person waits They have been researched by the Fund the first early episode of 74 weeks to receive treatment. Our National Institute of Mental Health mood disorder program to pro- mental health system has relied on a and found to be very effective. vide treatment for young people with bipolar disorder or depres- “fail-first” model of care that essen- sion tially requires people experiencing In rural areas the catchment area psychosis or serious mood disorder would need to cover many miles to be hospitalized or be committed which means that housing must be multiple times before they can ac- made available for the young person cess intensive treatment and sup- and their family to access this outpa- ports. With schizophrenia being one tient treatment program. Currently of the most disabling conditions in there are only four programs in the world it is crucial that we inter- Minnesota, three in Hennepin Coun- vene early with intensive services. ty and one in Duluth. Waiting costs our system a great 11
mental illness. not have jobs. Employment IPS is an evidence-based employ- Policy Recommendations: ment program for people with seri- Require the commissioner of ous mental illnesses. There are only DEED, in consultation with Issue: Persons with mental ill- eight in the state. IPS State grant stakeholders, to identify barriers nesses have the highest unemploy- projects have received no cost of liv- that people with mental illnesses ment rate and yet employment is an ing increases. In SFY 2015 all IPS face in obtaining employment, evidence-based practice, meaning it grantees experienced cuts of 8.6 per- identify all current programs helps people recover. Programs that cent that have not been restored. that could assist people with are designed specifically for persons mental illnesses in obtaining em- with mental illnesses are underfund- Statewide expansion would require ployment and submit a detailed ed and serve a limited amount of new funding for direct service plan to the legislature how to people. (grants to providers) and infrastruc- expand the numbers of people ture to support training, technical Background: People living with with mental illnesses working assistance, data collection, program mental illnesses face a number of Increase funding for the IPS pro- monitoring, and evaluation. Not all barriers to finding and keeping a job. gram for both expansion and counties follow the requirement to They often face discrimination when infrastructure, explore the use of use some of their state mental health applying for jobs and may face other Medicaid for IPS, require a mem- funds for IPS. obstacles such as losing health insur- orandum of understanding be- ance coverage for their mental Vocational Rehabilitation Services tween DEED and DHS health treatment and medications or continues to have three out of four Require workforce centers to have a lack of transportation. In ad- service categories closed. This have training on accommoda- dition, few receive the supported makes it hard for people with mental tions for a mental illness employment opportunities shown to illnesses to access help through VRS. Fund community support pro- be effective for people with mental With hardly any programs to help grams to assist people with illnesses and few employers know people with mental illnesses find mental illnesses to find and keep about accommodations for a and retain employment, most do employment Researchers are examining why the Background: This proposal aims Farmers rate is higher in rural areas and have to strengthen the existing frame- found that isolation, substance use work of BHH services to support the disorders, an aging population with capacity of providers delivering BHH poor physical health and financial services and to increase access for Issue: People in farming commu- issues are some of the contributing individuals with mental illness and nities are experiencing high rates of factors. co-occurring medical conditions. stress and distress. These changes are expected to result Policy Recommendations: Background: Men in the farming, in approximately 300 additional in- Increase funding for counselors forestry and fishing industries have dividuals accessing BHH services through the Department of Agri- the highest rate of suicide. A recent each year. culture CDC report found that suicides in Fund efforts to increase aware- Policy Recommendations: rural areas were higher and the in- ness about stress and mental Update eligibility requirements, creased rate has been higher than health and suicide prevention service standards, provider re- other communities. In Minnesota, quirements, and reimbursement counties with the highest percent- rates ages of suicide per population be- Behavioral Include four elements: Certifica- tween 2012 and 2016 include coun- tion process and stand- ties that have a high percentage of farmers. The suicide rate in Greater Health Homes ards, Streamlined BHH rate structure, Improved access to Minnesota increased from 13.1 to Issue: There is a need to make BHH services, New/ added staff 15.9 in this same period, while the changes to Behavioral Health qualifications rate for the seven county metro area Homes. went from 11.2 to 11.1. 12
CHILDREN’S MENTAL HEALTH culturally appropriate services for 2) Referral for children and their young children. families who need mental health Early Childhood services Early childhood mental health con- Consultation sultation grants support having a 3) Training for child care staff in mental health professional, with child development; trauma/ knowledge and experience in early resilience; working with families Issue: Child care providers and childhood, provide training and reg- who have their own mental educators do not have the necessary ular onsite consultation to staff serv- health issues; and skills to better training or skills to adequately sup- ing high risk and low-income fami- support the emotional health port children with mental health lies, as well as referrals to clinical and development of children needs. Children are getting kicked services for parents and children they work with. These trainings out of child care instead of receiving struggling with mental health condi- would be built into the Parent the supports and treatment they tions. Early childhood mental health Aware ratings of participating need. consultation has three main compo- child care agencies Background: Since 2007, Minne- nents: Policy Recommendation: sota has invested in building infra- 1) On-site mental health consulta- structure to address early childhood Appropriate funds to expand tion and support for child care mental health through grants to sup- early childhood mental health agency staff. Mental health agen- port and develop the availability of consultation grants cies will also work directly with and access to developmentally and families as appropriate un/underinsured and for services grants for co-locating mental School-Linked for which you can’t bill insurance. Grants are used to build the capacity health professionals in Interme- diate Districts, special ed cooper- Mental Health of the school to support all children. atives and at level four settings and allow these grants to sup- We know that 50% of the children Grants had never been seen before & 50% port developing innovative ther- apeutic teaching models in addi- had a serious mental illness. In tion to other school-linked prior- 2017, 16,284 children were served Issue: Expand School-linked Mental ities in 288 districts and 953 school Health (SLMH) Grants. Require DHS to work with buildings. stakeholders to assess the school Background: Since 2008, grants Last year the Intermediates and co- -linked mental health program have been made to community men- operatives received funding to sup- and develop recommendations tal health providers to collaborate port their students. on how to improve it including with schools to provide mental Policy Recommendations: promoting sustainability among health treatment to children. This grant attendees, determining the program has reduced barriers to ac- Increase funding for school- staffing necessary for a success- cess such as transportation, insur- linked mental health grants so it ful program, reviewing what da- ance coverage, and finding provid- is in every school building ta is collected, and analyzing out- ers. Ensure that grant funds are used comes when school buildings This program works collaboratively to build the capacity of schools have access to a school-linked with school support personnel such to meet the needs of students mental health program, suffi- as school nurses, school psycholo- with mental illnesses such as cient school support personnel gists, school social workers and staff development and Positive Behavioral Inter- school counselors. The providers bill Utilize telemedicine to increase vention and Supports private and public insurance and access in Greater Minnesota grant funds pay for students who are Fold in and increase existing 13
children residing in IMDs lose their sion. The legislature authorized 150 Medical Assistance eligibility. Minne- beds in 2015. Only one PRTF is op- Residential sota has over 800 beds in the contin- erating in the state. uum of care that would be affected Treatment by this loss of funding. Policy Recommendation: Immediately pass legislation to In 2017, the legislature appropriated cover the loss of federal funding Issue: Since 2001, with approval bridge funding to cover the lost fed- until June 30, 2019 from the Center for Medicaid and eral share. However, this funding is Fund the loss of federal funding Medicare (CMS,) Minnesota has used set to expire on April 30, 2019, be- for the next two years Medical Assistance to pay for the fore the end of the biennium. With- Increase the number of PRTF treatment portion of the per diem out funding, counties will have to beds for children’s residential treatment bear 100% of the costs of this vital Implement the recommenda- services. Last year CMS decided part of our continuum of care. tions from the residential treat- that most of the residential facilities in Minnesota meet the definition of Psychiatric Residential Treatment ment report that will be released Institutes of Mental Disease (IMDs) Facilities (PRTF) provide active in late February which makes them ineligible for fed- treatment rather than rehabilitation eral Medicaid funding. and must have a psychiatrist or phy- sician as a medical director, and re- Background: Programs that are quire 24 hour nursing. The rates in- larger than 16 beds that provide clude room and board under MA and mental health treatment are consid- PRTFs are exempted from the Insti- ered an IMD and not only does Medi- tute for Mental Disease (IMD) exclu- caid not pay for the treatment, but illness so that they can raise healthy Explore developing intensive Children’s Mental children. in-home services for children with a mental illness Building on these efforts and provid- Health Supports ing more community-based supports Expand Youth ACT teams to a younger age will allow children with mental ill- Fund shelter-linked mental nesses to get the level of care they Issue: When a child is facing sig- health providers need in the community where they nificant mental health challenges, Fund child care for mothers with live. there are not enough options for the mental illnesses who have MFIP child and their family to obtain the Policy Recommendations: child only grants when it is rec- level of support they need. Without Fund training for crisis teams to ommended by a mental health adequate support in the community, understand the unique needs of professional children and youth will develop children and their families expe- Fund multi-generational treat- more serious mental illnesses and riencing a mental health crisis ment teams require more intensive treatment. Clarify that a child does not need Fund community and technical a case manager in order to re- college mental health programs. Background: While some progress ceive respite care Fund transition age programs has been made there are still signifi- cant gaps in our children’s mental Increase funding for respite care. health continuum of care. Respite Fund crisis respite services care is a very successful program Develop and fund crisis homes where the parents of children with a for children and youth mental illness are given a break to Move funding for Evidence recharge. There are currently no Based Practices out of school- crisis homes for youth or crisis res- linked grants and other grants pite care. Youth in shelters also need and concentrate all in one grant access to more intensive mental to an agency to increase training health care. We also need to support and their use of Evidence Based parents who are living with a mental Practices. 14
CHILDREN’S MENTAL HEALTH difficult to meet the needs of stu- Supports (PBIS) dents. Fund social emotional learning Education programs to reduce use of sus- Minnesota students are often unable pensions in grades K-3 to access even basic information Issue: Schools have an important Provide year round education to about what mental illnesses are, role to play in supporting students students who miss out on school what the symptoms are of mental with mental illnesses, but they don’t due to being in the juvenile jus- illnesses, and what they need to do if have the resources to do this work tice system or intensive mental they are worried about themselves, effectively. health treatment a friend, or someone in their family. Fund an online training for all Background: While some students Policy Recommendations: teachers on suicide prevention with significant mental health needs Increase number of student sup- Increase funding for substance will require more intensive treat- port personnel use disorder services in the ment from a mental health profes- Require schools to include men- schools sional, most youth can greatly bene- tal health and recognizing the fit from mental health supports pro- symptoms of a mental illness in vided by school staff. Academic their health curriculum counselors, school social workers, Increase funding for school- nurses, school pyschologists and based mental health providers other student support personnel all such as licensed PreK-12 school have a very important role to play in social workers, so that every the continuum of care for students buildings student’s have lower having some mental health challeng- barrier access to evidence-based es. education, behavior, and mental School support personnel have in- health services credibly high caseloads making it Expand and continue Positive Behavioral Interventions and ness or developmental disability to thoughts, suicide attempts, and sub- be cured. Scientific evidence, in con- stance abuse in adults. Conversion trast, has found same-sex attraction Recent research has found adoles- and gender non-conformity are cents surviving conversion therapy Therapy healthy aspects of human diversity. to have less educational attainment Conversion therapy practitioners in addition to the increased depres- base their treatments on unscientific sion and suicide risk adult survivors Issue: Conversion therapy to alter and inaccurate understandings of of conversion therapy experience. or change an individual’s sexual ori- sexual orientation, gender identity, entation is not supported by rigor- and gender expression. Being LGBTQ All the major health and mental ous scientific research and is proven is not a mental illness and therefore health organizations support ban- to increase levels of depression, sui- therapy is not needed. ning conversion therapy. cidal thoughts, suicide attempts, and Policy Recommendation: There is no scientifically rigorous substance use disorder. evidence demonstrating the effec- Ban conversion therapy as a tiveness of conversion therapy. Sci- harmful and ineffective practice entific studies have found negative Background: Conversion therapy effects associated with conversion is usually defended by proponents therapy, however, including in- because of their belief that same sex creased levels of depression, suicidal romantic orientation is a mental ill- 15
ACCESS TO MENTAL HEALTH TREATMENT work to expand access to mental Require insurance to cover treat- Workforce health services across the state, there is a great urgency to increase ment and services provided by a clinical trainee the supply of community mental Add LMFTs and LPCCs to the Issue: There are not enough men- health professionals. MERC program tal health practitioners and profes- Provide grant funding to every In 2015 the Mental Health Work- sionals to meet the needs of the chil- Tribal Nation and Indian Com- force Task Force released the report dren and adults requiring mental munity in the state of Minnesota with recommendations to address health treatment and services. and (5) urban Indian communi- workforce shortages by increasing ties to support a full-time tradi- Background: Psychiatry, psychol- the number of qualified people tional healer ogy, clinical social work, psychiatric working at all levels of our mental Fund a program to train pedia- nursing, marriage and family thera- health system, ensure appropriate tricians on how to treat mental py and professional clinical counsel- coursework and training for mental illnesses in children ing are considered the “core” mental health professionals and create a Extend the state funded primary health professions. For many years, more culturally diverse mental residency program from three Minnesota has experienced a short- health workforce. years to four for psychiatrists age of providers of mental health Policy Recommendations: Create an alternative pathway to services. This shortage has been felt Ensure access to affordable su- licensure for mental health pro- most profoundly in the rural areas of pervisory hours for mental fessionals from diverse back- the state. There is also an ongoing- health certification and licensure grounds shortage of culturally competent and Increase funding for the rural culturally specific providers. health professional education Nine of eleven geographic regions in loan forgiveness program and Minnesota are designated mental set aside funds for people work- health shortage areas by the Health ing in metro area programs Resources and Services Administra- where more than 50% of the pa- tion (HRSA). As more people seek tients are on Medicaid or unin- mental health treatment and as we sured specific, clearly identified or identi- Counseling. Social Work and Duty to Warn fiable potential victim. If a duty to Licensed Professional Clinical warn arises, the duty is discharged Counselor trainees were not cov- by the provider if he or she makes ered in the legislation. Issue: Current Minnesota statute “reasonable efforts” covers only certain mental health (communicating the serious, specif- Policy Recommendation: professional or practitioner trainees ic threat to the potential victim and Expand duty to warn to other under duty to warn protection and if unable to make contact with the appropriate mental health liability. potential victim, communicating the trainees serious, specific threat to the law Background: Minnesota statute enforcement agency closest to the defines duty to warn as the duty to potential victim or the client.) to predict, warn of, or take reasonable communicate the threat. precautions to provide protection Legislation was changed in 2016 to from violent behavior when a client provide duty to warn protection for or other person has communicated trainees in the disciplines of Psy- to the provider a specific, serious chology, Marriage and Family Ther- threat of physical violence against a apy, and Licensed Alcohol and Drug 16
Minnesota has made slow progress Increase funding for suicide pre- Suicide to address the significant increase in vention training death by suicide. In addition to in- Provide targeted support to Prevention creasing access to care increased communities experiencing high suicide prevention efforts must take rates of violence, trauma, and place. The federal suicide prevention suicides Issue: Suicide is one of the leading grant requires states to have accred- Fund lifelines causes of death for Minnesotans and ited lifelines which MN does not Fund an online suicide preven- has become a public health crisis have. tion training for teachers with close to 800 people dying by suicide this past year. Policy Recommendations: Increase training and education Background: Suicide is a public in suicide prevention and treat- health crisis and must be tackled like ing people who are suicidal for the opioid crisis with improved co- health and mental health profes- ordination and additional resources. sionals mental health services system, we Policy Recommendations: Community must continue to grow our commu- nity based mental health service Increase funding for the commu- nity mental health system, in- system in order to meet the critical cluding grant programs that sup- Mental Health mental health needs present in our port Assertive Community communities. We know what works Treatment (ACT) teams, First Treatment in the area of community based Episode Psychosis programs, mental health services: earlier inter- mental health crisis teams, and Issue: Minnesotans continue to vention services provided where more lack access to adequate mental Minnesotans with need for services Expand ACT teams to people ex- health treatment in the community are located and a continuum of care periencing depression where they live. with transitions allowing individuals Review the role of the county as to move to levels of care that meet the mental health authority Background: While we have come their changing levels and kinds of Expand transportation options a long way in Minnesota in the de- need. so that more people can be velopment of our community based involved in the community but we have yet to take action to and substance use disparities expe- Racial Disparities begin meeting the needs of indige- rienced by Native Americans. This nous communities and people of col- work engages all aspects of living: and Mental or across Minnesota. emotional, physical, and spiritual to promote the health and healing of Health Equity In addition to the possibilities in Native Americans. trauma informed care and develop- Issue: People of color and new im- ing a diverse mental health work- Policy Recommendations: migrants are much less likely to force, the Mental Health Legislative Require continuing education on have access to culturally appropriate Network is particularly interested in cultural competency care from a mental health provider the possibility further investment in Increase the funding for multi- they trust. traditional healing. generational treatment methods that include adults and children Background: The racial dispari- Traditional healing is a multigenera- Fund Native American healers ties in Minnesota’s mental health tional, multi-disciplinary approach care system are well documented, to reduce the chronic mental health 17
CRIMINAL JUSTICE they need to recover while in prison for corrections officers, support per- and successfully transition back to sonnel, and especially the mental Prisons the community. health workforce. Without an ade- quate workforce investment, staff Minnesota has slowly expanded the Issue: More people than ever are turnover will continue to be a prob- access to mental health services in entering the prison system with lem and the prison environment will the Corrections system. In 2016, the mental illnesses, while other in- not be safe for inmates or staff. legislature made new money availa- mates are developing a mental ill- ble for treatment beds, with Policy Recommendations: ness during their time in prison. $750,000 in fiscal year 2017 for 70 Increase staffing levels, including Background: Whether it’s a nui- new chemical or mental health beds mental health and substance use sance crime like spitting or some- and $250,000 for two chemical de- disorder treatment staff thing more serious, people with pendency release planners, one at Increase funding for mental mental illnesses are much more Stillwater and one at Shakopee. health services likely to have an experience with Place fewer conditions on eligi- However, these increases are not the criminal justice system. This bility for mental health services keeping pace with larger prison pop- can result in a dangerous encounter in prison ulations and higher needs for mental with the police, time in jail, or incar- health and substance use disorder ceration. For those people with treatment. mental illnesses who become incar- cerated, it is imperative that they The Corrections System has also receive the mental health treatment faced persistent staffing shortages with no contact with others. The use their changes. Administrative of segregation and isolation is also Policy Recommendations: extremely expensive and counter- and Disciplinary productive if the hope is to support Require graduated sanctions for rule violations, so that segrega- rehabilitation back into the commu- Segregation nity. tion becomes the last resort Establish appropriate physical In 2017, the Department of Correc- Issue: Segregation and isolation conditions of segregated units, tions made a series of policy changes have a negative impact on a person’s including reduced lighting dur- regarding the use of solitary confine- mental health. ing nighttime hours, rights of ment. These policies were developed communication and visitation, Background: "Disciplinary segre- internally without the consultation and furnished cells gation" is used when an inmate was of key stakeholders, were never Require mandatory review of found in violation of a facility rule or properly explained to the staff disciplinary segregation status state or federal law or when segre- tasked with implementing these by the warden of the prison and gating the inmate is determined to policy changes, and have only very commissioner or deputy or be necessary in order to reasonably recently been adequately staffed. assistant commissioner ensure the security of the facility or Given this lack of transparency, it is Prohibit releasing an inmate to the inmate. not surprising that there has been a the community directly from great deal of confusion amongst There is research to support the psy- segregated housing Department of Corrections adminis- chological stress and strain that re- Require the Department of trators, prison staff, and inmates. sult from the use of disciplinary seg- Corrections to issue a yearly regation in prisons, especially for Other states who have made much report to the legislature with persons with mental illnesses. Indi- stronger solitary confinement re- data on the use of solitary con- viduals who are held in solitary con- forms – including Maine and Colora- finement finement spend nearly every hour of do – have seen a significant decrease the day in a small windowless cell in violence following the roll-out of 18
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