Implementation
Differentiating the 3rd Path
The 3rd Path is not considered an out-of-home placement. It is an alternative service designed to assist children with a severe emotional disturbance (SED) and their families in gaining access to residential treatment services.
The key differences are:
- The family selects the level of county or initiative tribe involvement.
- The 3rd Path is not a placement, rather it is considered a service. Because of this, the family is responsible for making all placement decisions.
- If the child is in a pre-paid health plan/MCO network, the health plan is responsible for the mental health treatment services as usual, and funding for room and board is paid through the behavioral health fund.
- If the child has Medical Assistance (MA), treatment costs are billed through the county or initiative tribe, and funding for room and board is paid through the behavioral health fund.
The 3rd path was developed to assist parents and guardians with accessing the residential treatment level of care without necessitating county or initiative tribe involvement. It is up to the parent or guardian to request county or tribal assistance with finding placement, with discharge planning, or request a case manager if they choose to do so. They may choose to not involve the county or initiative tribe at all and can work directly with the residential treatment program to arrange services. Accessing services this way is not considered a county or tribal “placement” and the county/tribe is not the placing authority.
Accessing Services
In order for a child to receive 3rd Path funds, a parent initiates the following steps.
1. Determine Medical Necessity: Parent seeks care for child or requests services.
2. In order for a parent to access residential treatment the child must have a current diagnostic assessment, including a level of care determination. The DA must have been completed within the past 180 days and indicate treatment is medically necessary.
3. For children enrolled in a MCO:
4. The MCO reviews the DA to determine medical necessity.
5. Families can choose to request assistance from the county, initiative tribe, or MCO to locate a CRF or they can choose a facility on their own.
6. The CRF contacts the initiating party, either the parent or the lead agency, when a bed is available.
Role of the residential treatment services provider
The CRF must operate in compliance with Minnesota Statutes, Chapter 245A. The CRF must have a mental health certification. This includes out-of-state facilities if the facility is licensed by the Minnesota Department of Human Services. The selected CRF must be able to address the child's age and treatment needs.
Providers will bill the state directly for room and board costs.
Discharge Planning and Involvement
Planning for discharge and transition to the community must occur within 30 days of the date the child enters the service. The family must actively participate in the discharge planning process. The plan will be reviewed and updated on a regular basis. Discharge planning should include arranging for community based services.
If the family requests case management services at any point, the CRF shall contact the case manager to ensure continuity of care.
FAQs
CMH Residential Services Path (Third Path) Q&A
* The term “family” will be used to represent parents and legal guardians.
Question: Under what circumstance would a family not be able to choose the Residential Services Path (Third Path)?
Answer: A family cannot access the Third Path if the child has already gone through a juvenile treatment screening process for the purposes of a child welfare voluntary placement agreement, child protection, or corrections and is currently in an out of home placement. The child must have medical assistance.
Question: What role does the family play when they would like their child to use the Third Path?
Answer: The family must a obtain a completed Diagnostic Assessment (DA) completed by a mental health professional (MHP) in order to begin pursuing services via the Third Path. The DA must be done within the previous 180 days, indicate the child has a severe emotional disturbance (SED) and contain a recommendation indicating the MHP believes it is medically necessary for the child to enter, a licensed CRF via the Third Path.
If the family chooses to have case management, the child must meet TCM requirements. Also, the family can request assistance in finding a residential treatment setting. The family will choose the licensed CRF setting and the level of county involvement.
The family can ask for a county or initiative tribe children’s mental health case manager at any time. If a family requests a case manager to support the child and family for discharge planning, the case manager will conduct case management activities that include assessment, planning, linkage/referral and monitoring/coordinating. They will assist by participating in CRF staffings, and in locating formal and community services that help the child achieve a successful return home. The discharge plan will remain family driven.
Question: What if the MHP does not do a level of care screening?
Answer: The MHP is required to complete a level of care screening to ensure the child meets residential criteria. The assessment must document the child’s need for a residential level of care.
Question: After the family brings the DA to the county or initiative tribe, should the entities contact the non-initiative tribe if a child is enrolled? Should they contact the MCO if a child is within the MCO network?
Answer: Counties need to following all ICWA/MIFPA guidelines. The DHS ICWA page provides guidance about the MIFPA process. The family must inform the MCO’s when a child who is covered by a MCO is entering a CRF via the Third Path, following MCO guidelines.
Question: Is the “placement” started the date the parent/guardian signs the voluntary placement agreement (VPA)?
Answer: The Third Path is not considered an out of home placement. It is a service. The child and family do not enter ino and sign a VPA unless the county has accepted placement authority.
Question: How is DHS defining a residential treatment center?
Answer: A residential treatment facility (CRF) is a facility licensed by DHS to provide residential mental health services. Guidance can be found on the DHS Children’s Residential Facilities webpage .
Question: Can a CRF deny the provision of this service?
Answer: Yes, Licensed CRFs may deny admission. This decision is made by the CRF and may be based on the child’s behavioral or mental health concerns, and/or the availability of CRF beds at the time of referral.
Question: Does the agency have the ability to direct the family about which CRF they must use?
Answer: No. If the family requests assistance in locating a service, the agency will assist them. The agency will not direct the family. The family chooses the licensed CRF they would like to use.
Question: How will the licensed CRF help and support the family in planning for the discharge from the CRF?
Answer: The CRF will begin planning for discharge within the first 30 days after the child enters the setting. In cooperation with the CRF, the family will actively participate in discharge planning.
Question: Can we clarify the position on this related to Interstate Compact on the Placement of Children (ICPC)?
Answer: ICPC applies to anytime a child enters residential facility placement in another state. A receiving state must consider a Minnesota child the subject of an ICPC in all circumstances where a youth has medical assistance.
For more information, contact: mn.icpc@state.mn.us.
Question: Can an initiative tribe or county elect to not participate in the Third Path?
Answer: Minnesota Statute requires counties to provide or "arrange to provide" residential services for children with severe emotional disturbance.
Room & board costs will be billed directly to DHS by providers through MMIS. The county must share in treatment costs not paid by the Federal Participation per the division of costs statute. The county’s responsibility for treatment costs does not depend on how the child was admitted to treatment.
Question: What statutes direct the CMH Residential Services Path?
Answer:
- Chapter 7 - MN Laws Chapter 7, article 11 section 35 and 49; and article 16, section 2, subdivision 7(1), subdivision 32(a).
- Minnesota Statutes, section 245.4882, subdivisions 1 and 3
- Minnesota Statutes, section 245.4885, subdivision 1
- Laws of Minnesota 2023, Chapter 70, Article 9, section 41.
- Children’s Mental Health Act: Minnesota Statutes, sections 245.487 to 245.4887
- Minnesota Rules, parts 9520.0900 to 9520.0926, and part 9505.0322, subparts 1-9 and 11-14
Question: When a CRF bills the county, how would the county be paid for the fee for service/state share of the treatment cost when a child is MA FFS? How is the State's share of the treatment costs being paid to the "agency"?
Answer: When a child has FFS Medical Assistance (MA) coverage, MA covers treatment costs when a child accesses CRF through the CMH Residential Services Path. The CRF submits the bill for the cost of room and board directly to MMIS. The county pays full treatment costs to the CRF and submits for reimbursement through the health care claiming process for a portion of the nonfederal share of the treatment costs.
Payments to counties for residential services provided by an institution for mental diseases (IMD) is equivalent to the federal share of the payment that would have been made if the residential facility were not an IMD. The portion of the payment representing what would be the nonfederal share shall be paid by the county ( Minn. Stat. §256B.0945, subd. 4, paragraph 2).
Question : When a child on regular MA enters an IMD facility but there is no placement entered, how will the county get reimbursed for paying the facility for the treatment costs?
Answer: If an agency chooses to not affiliate the client with a CMH workgroup within SSIS, services can still be paid in SSIS. Payments do not need to be associated with a workgroup, but should be associated with a client. If the client does not already exist in SSIS, an intake workgroup could be created (e.g., Type- Information and Referral, Problem- Mental Health, Program- Children’s Mental Health). By performing this step, a client record would be created allowing for client specific payments and billing. The intake can be screened out if no workgroup will be opened by the county. Further questions can be directed to the SSIS Help Desk at dhs.ssishelp@state.mn.us.
Question: If an agency chooses to not affiliate the client with a CMH workgroup within SSIS, services can still be paid in SSIS. A workgroup is not required on the payment. Historically, services paid through SSIS must have an associated workgroup. What is the process for this? What is the mechanism to track payments if not associated with a client?
Answer: Payments do not need to be associated with a workgroup, but should be associated with a client. If the client does not already exist in SSIS, an intake workgroup could be created (e.g., Type- Information and Referral, Problem- Mental Health, Program- Children’s Mental Health). By performing this step, a client record would be created allowing for client specific payments and billing. The intake can be screened out if no workgroup will be opened by the county. Further questions can be directed to the SSIS Help Desk .
Question: When you say, fee for service MA, does TEFRA MA apply?
Answer: The Third Path may be used by youth who have MA, including TEFRA MA.
Question: Has DHS established a parental fee for 3rd path placements? Is this directly coordinated with the parents? Is the county involved that process?
Answer: There is not a parental fee.
Counties and initiative tribes will continue to will submit claims for treatment to the counties/tribes for reimbursement. The residential providers will now directly bill the state for the room and board portion only.
Question: What is the estimated cost that counties would anticipate being asked to pay?
Answer: There is no change to how the treatment costs will be billed to counties and initiative tribes. As is currently happening, counties will be reimbursed the federal participation rate of treatment costs and will be responsible for the remainder portion. For initiative tribes, provider will bill the treatment costs to the tribes and tribes will submit to the state for reimbursement.
Question: Would the county be able to have input on whether that level of care is still necessary even if they were not involved in making the decision about admission?
Answer: The county or initiative tribe does not decide on the level of care as the county/tribe does not have placement authority.
Families can choose to not involve the counties or initiative tribes. Counties/tribes would not have input into the level of care.
Question: Does MA continue to cover residential treatment costs?
Answer: Counties will continue to pay the non-federal portion of the treatment costs.
Question: For children involved in MCO, where are the room and board costs that are being billed through the state being billed to? Parents or county? Would the county be able to impose parental fee to parents for costs that are being billed to them for this room and board?
Answer: The CRF room and board are paid by the state’s BHF. The MCO is responsible for treatment costs. There is no charge for parents or counties for room and board.
Question: Does 3rd path apply to families who have private insurance only too?
Answer: No, this is for children on MA only.
Question: Are there any conditions for families when a child enters treatment through the 3rd path?
Answer:3rd Path is available for residential treatment facilities only. The CRF’s determine eligibility based on the DA the family provides. The child must be on Medical Assistance.
Question: Would programs be capped at a daily rate for the 3rd path billing, or can they set their own rates regardless of funding source?
Answer: Counties negotiate rates with the CRFs located within their borders. Counties would continue to use that same rate for 3rd path recipients. The 3rd Path does not change the established rates for any facility.
Question: What about QRTP process?
Answer: QRTP is a separate program from 3rd Path, and that process would not apply.
Question: What about CASII score?
Answer: The CRF will review the DA to determine eligibility for entry into the CRF using the Third Path. A level of care screening is required, but with recent changes to statute a CASII or ECSII is not required.
Question: How do we enter in SSIS without QRTP information?
Answer: The youth is entering a CRF through the 3rd path is not an out of home placement. The county enters the same information they normally do when remitting payment for treatment costs when a youth is in a CRF. Please reach out to your SSIS mentor for information on SSIS.
Question: Potential IV-E eligibility?
Answer: The 3rd path is not an out of home placement. IV-E eligibility is not applicable.
Question: Is there is a county specific cap on these room & board funds?
Answer: There is not a cap on funding by county or initiative tribe.
Question: Do the process maps outlined in DHS Bulletin #22-53-02R still apply?
Answer: No, the process has been simplified with the change in funding for room & board costs. The steps outlined no longer apply.
Question: What happens with this as a service if parents at the time of redetermination for health care benefits, opt to go from a PMAP plan to Medicaid Fee for Service while the child is in residential treatment?
Answer: As long as the child remains on Medical Assistance, they would remain eligible for 3rd path.
Question: Are counties expected to assist in locating a CRF if the youth is not receiving CMH TCM?
Answer: If assistance is requested by the family, it is best practice for the county to assist with finding placement.
Question: Will the Children’s Mental Health Residential Services Path Bulletin be updated to reflect the changes outlined in the e-Memos?
Answer: Not at this time. The 3rd path web page is in the process of being updated to reflect changes. https://mn.gov/dhs/partners-and-providers/licensing/childrens-residential-facilities/3rd-path-childrens-mental-health-residential-services-path.jsp.