Current through Register Vol. 49, No. 13, September 23, 2024
Subpart
1.
Assessment mandate; timelines.
The placing authority shall provide a chemical use assessment
for each client seeking treatment or for whom treatment is sought for substance
use disorder before the client is placed in a treatment program. The assessment
must be done in a language the client understands and must be completed within
the time limits specified. The placing authority shall provide interpreters for
people who are deaf, deafblind, and hard-of-hearing and foreign language
interpretive services when necessary.
A. The placing authority must provide an
assessment interview for the client within 20 calendar days from the date an
appointment was requested for the client. The placing authority must interview
clients who miss an appointment within 20 days of a subsequent request for an
appointment.
B. Within ten calendar
days after the initial assessment interview, the placing authority must
complete the assessment, make determinations, and authorize services.
C. If the client is in jail or prison, the
placing authority according to part
9530.6610, subpart
1, must complete the
assessment and placement authorization. If the placing authority does not
assess the client, the county where the client is held must assess the client
and resolve disputes according to Minnesota Statutes, section
256G.09.
The update in item D is not required if the client has been in jail or prison
continuously from the time of the assessment interview until the initiation of
service.
D. If 45 calendar days
have elapsed between the interview and initiation of services, the placing
authority must update the assessment to determine whether the risk description
has changed and whether the change in risk description results in a change in
planned services. An update does not require a face-to-face contact and may be
based on information from the client, collateral source, or treatment
provider.
E. The placing authority
must provide a new assessment if six months have passed since the most recent
assessment or assessment update.
F.
A placing authority may accept an assessment completed according to parts
9530.6600 to
9530.6655 from any other placing
authority or designee in order to meet the requirements of this part.
Subp. 2.
Staff performing
assessment.
Chemical use assessments must be conducted by qualified
staff. An individual is qualified to perform chemical use assessments if the
individual meets the criteria in item A, B, or C:
A. The individual meets the exception in
Minnesota Statutes, section 148C.11, and has successfully completed 30 hours of
classroom instruction on chemical use assessments and has 2,000 hours of work
experience in chemical use assessments, either as an intern or as an employee.
An individual qualified under this item must also annually
complete a minimum of eight hours of in-service training or continuing
education related to providing chemical use assessments.
B. The individual is:
(1) licensed under Minnesota Statutes,
chapter 148C, and not excluded under Minnesota Statutes, section
148C.11;
(2) certified by the Upper
Midwest Indian Council on Addictive Disorders; or
(3) designated by a federally recognized
Indian tribe and provides assessments under the jurisdiction of that
tribe.
C. The individual
meets the exception in Minnesota Statutes, section 148C.11, has completed 30
hours of classroom instruction on chemical use assessment, and is receiving
clinical supervision from an individual who meets the requirements in item A or
B.
Subp. 3.
Method
of assessment.
The assessor must gather the information necessary to
determine the application of the criteria in parts
9530.6600 to
9530.6655 and record the
information in a format prescribed by the commissioner. The assessor must
complete an assessment summary as prescribed by the commissioner for each
client assessed for treatment services. The assessment summary and information
gathered shall be maintained in the client's case record and submitted to the
department using procedures specified by the commissioner. At a minimum, the
assessment must include:
A. a personal
face-to-face interview with the client;
B. a review of relevant records or reports
regarding the client consistent with subpart
6; and
C. contacts with two sources of collateral
information that have relevant information and are reliable in the judgment of
the assessor or documentation that the sources were not available. The
following requirements apply to the gathering of collateral information:
(1) before the assessor determines that a
collateral source is not available, the assessor must make at least two
attempts to contact that source, one of which must be by mail;
(2) one source must be the individual or
agency that referred the client;
(3) the assessor must get signed information
releases from the client that allow the assessor to contact the collateral
sources;
(4) if the client refuses
to sign the information releases, and the refusal results in the assessor not
having enough information to complete the determinations required by part
9530.6620, the assessor shall not
authorize services for the client; and
(5) if the assessor has gathered sufficient
information from the referral source and the client to apply the criteria in
parts
9530.6620 and
9530.6622, it is not necessary to
complete the second collateral contact.
Subp. 4.
Required documentation of
assessment.
The client's record shall contain the following:
A. applicable placement information gathered
in compliance with part
9530.6620, subpart
1;
B. the client's risk description in each
dimension in part
9530.6622 and the reasons the
specific risk description was assigned;
C. information gathered about the client from
collateral contacts, or documentation of why collateral contacts were not
made;
D. a copy of the forms
completed by the assessor under subpart
3; and
E. a record of referrals, if other than a
placement under part
9530.6622.
Subp. 5.
Information provided.
The information gathered and assessment summary must be
provided to the authorized treatment program.
Subp. 6.
Confidentiality
requirements.
Placing authorities must meet the following confidentiality
requirements:
A. confidentiality of
records as required under Minnesota Statutes, chapter 13, and section
254A.09;
B. federal regulations for the privacy of
substance abuse patient information, Code of Federal Regulations, title 42,
parts 2.1 to 2.67; and
C. federal
privacy regulations under the Health Insurance Portability and Accountability
Act, Code of Federal Regulations, title 45, parts 160.101 to 164.534.
Statutory Authority: MS s
241.021;
245A.03;
245A.09;
245B.03;
254A.03;
254B.03;
254B.04;
256E.05
