By:  Matthew Bergeron and Julia Page

During the 2024 legislative session, the legislature made critical changes related to the American Society of Addiction Medicine (ASAM) criteria and levels of care in residential substance use disorder (SUD) treatment services.

The omnibus human services policy bill included language that codifies and specifics all residential rates in Section 254B.05, subdivision 5. This change preserves the medium intensity residential treatment rate that was to be eliminated following a 2023 statutory amendment.  The change is effective retroactively to January 1, 2024 with federal approval or retroactively from a later federally approved date.

The ASAM residential levels of care per diem rates will be as follows:

• ASAM level 3.1 (clinically managed low-intensity residential services providing at least five hours of treatment services per week): base rate of $79.84 per day
• ASAM level 3.1 (clinically managed low-intensity residential services provided at 15 or more hours of skilled treatment services each week): base rate of $166.13 per day (existing “medium intensity” rate);
• ASAM level 3.3 (clinically managed population-specific high-intensity residential services): base rate of $224.06 per day; and
• ASAM level 3.5 (clinically managed high-intensity residential services): base rate of $224.06 per day.

All residential SUD providers licensed by the Department of Human Services (DHS) and enrolled in Minnesota Health Care Programs (MHCP) must attest to meeting an ASAM level of care by January 1, 2025.

The omnibus human services supplemental appropriations bill also required providers providing ASAM Level 3.3 or ASAM Level 3.5 care to provide at least 30 hours of treatment services per week between January 1, 2024 to June 30, 2024.  This effectively delays a change made in statute in 2023.  The law now provides that on July 1, 2024 or upon federal approval, providers providing ASAM Level 3.3 or ASAM Level 3.5 care to provide a daily skilled treatment services seven day a week according to each client’s specific treatment schedule, as directed by the individual treatment plan.

If you have questions about these legislative changes and how they may or may not impact your services, please feel free to contact Matthew Bergeron at mbergeron@larkinhoffman.com.