piers109uk/MN-Statutes huggingface dataset:
245G.19 LICENSE HOLDERS SERVING CLIENTS WITH CHILDREN.
In addition to the requirements of sections 245G.01 to 245G.17, a license holder that offers supervision of a child of a client is subject to the requirements of this section. A license holder providing room and board for a client and the client's child must have an appropriate facility license from the Department of Health.
"Supervision of a child" means a caregiver is within sight or hearing of an infant, toddler, or preschooler at all times so that the caregiver can intervene to protect the child's health and safety. For a school-age child it means a caregiver is available to help and care for the child to protect the child's health and safety.
A license holder must meet the following requirements:
(1) have a policy and schedule delineating the times and circumstances when the license holder is responsible for supervision of a child in the program and when the child's parents are responsible for supervision of a child. The policy must explain how the program will communicate its policy about supervision of a child responsibility to the parent; and
(2) have written procedures addressing the actions a staff member must take if a child is neglected or abused, including while the child is under the supervision of the child's parent.
During the times the license holder is responsible for the supervision of a child, the license holder must meet the following standards:
(1) child and adult ratios in Minnesota Rules, part 9502.0367;
(2) day care training in section 142B.70;
(3) behavior guidance in Minnesota Rules, part 9502.0395;
(4) activities and equipment in Minnesota Rules, part 9502.0415;
(5) physical environment in Minnesota Rules, part 9502.0425;
(6) physical space requirements in section 142B.72; and
(7) water, food, and nutrition in Minnesota Rules, part 9502.0445, unless the license holder has a license from the Department of Health.
246.0012 DEFINITIONS.
The definitions in chapter 246C apply to this chapter.
245G.20 LICENSE HOLDERS SERVING PERSONS WITH CO-OCCURRING DISORDERS.
A license holder specializing in the treatment of a person with co-occurring disorders must:
(1) demonstrate that staff levels are appropriate for treating a client with a co-occurring disorder, and that there are adequate staff members with mental health training;
(2) have continuing access to a medical provider with appropriate expertise in prescribing psychotropic medication;
(3) have a mental health professional available for staff member supervision and consultation;
(4) determine group size, structure, and content considering the special needs of a client with a co-occurring disorder;
(5) have documentation of active interventions to stabilize mental health symptoms present in the individual treatment plans and treatment plan reviews;
(6) have continuing documentation of collaboration with continuing care mental health providers, and involvement of the providers in treatment planning meetings;
(7) have available program materials adapted to a client with a mental health problem;
(8) have policies that provide flexibility for a client who may lapse in treatment or may have difficulty adhering to established treatment rules as a result of a mental illness, with the goal of helping a client successfully complete treatment; and
(9) have individual psychotherapy and case management available during treatment service.
246C.18 FUNDING, REDESIGNS, AND CLOSURES.
The executive board shall notify the chairs and ranking minority members of the relevant legislative committees regarding the redesign, closure, or relocation of state-operated services programs.
(a) The executive board is prohibited from closing any regional treatment center or state-operated nursing home or any program at any of the regional treatment centers or state-operated nursing homes, without specific legislative authorization.
(b) Prior to closing or downsizing a regional treatment center, the executive board is responsible for assuring that community-based alternatives developed in response are adequate to meet the program needs identified by each county within the catchment area and do not require additional local county property tax expenditures.
(c) The nonfederal share of the cost of alternative treatment or care developed as the result of the closure of a regional treatment center, including costs associated with fulfillment of responsibilities under chapter 253B must be paid from state money appropriated for purposes specified in section 246C.11.
The executive board must not divert state money used for providing for care or treatment of persons residing in a regional treatment center for purposes unrelated to the care and treatment of such persons.
If the closure of a state-operated facility is proposed, and the executive board and respective bargaining units fail to arrive at a mutually agreed upon solution to transfer affected state employees to other state jobs, the closure of the facility requires legislative approval.
(a) The executive board shall publicize the planned changes to the facilities operated by the executive board. A parent, other involved family member, private guardian, or health care agent of a resident of a facility must be notified of the changes planned for each facility. When new services developed for a person require the person to move, the executive board shall provide each parent, family member, health care agent, and guardian of that person with the following:
(1) names and telephone numbers of the state and county contacts;
(2) information on types of services to be developed;
(3) information on how the individual planning process works, including how alternative placements will be determined, and how family members can be involved;
(4) information on the process to be followed when a parent, other family member, health care agent, or guardian disagrees with the proposed services; and
(5) a list of additional resources such as advocates, local volunteer coordinators, and family groups.
(b) At least one staff person in each facility must be available to provide information about:
(1) community placements;
(2) the opportunity for interested family members, guardians, and health care agents to participate in program planning; and
(3) family support groups.
245I.01 PURPOSE AND CITATION.
This chapter may be cited as the "Mental Health Uniform Service Standards Act."
In accordance with sections 245.461 and 245.487, the purpose of this chapter is to create a system of mental health care that is unified, accountable, and comprehensive, and to promote the recovery and resiliency of Minnesotans who have mental illnesses. The state's public policy is to support Minnesotans' access to quality outpatient and residential mental health services. Further, the state's public policy is to protect the health and safety, rights, and well-being of Minnesotans receiving mental health services.
245I.07 PERSONNEL FILES.
(a) For each staff person, a license holder must maintain a personnel file that includes:
(1) verification of the staff person's qualifications required for the position including training, education, practicum or internship agreement, licensure, and any other required qualifications;
(2) documentation related to the staff person's background study;
(3) the hiring date of the staff person;
(4) a description of the staff person's job responsibilities with the license holder;
(5) the date that the staff person's specific duties and responsibilities became effective, including the date that the staff person began having direct contact with clients;
(6) documentation of the staff person's training as required by section 245I.05, subdivision 2;
(7) a verification copy of license renewals that the staff person completed during the staff person's employment;
(8) annual job performance evaluations; and
(9) if applicable, the staff person's alleged and substantiated violations of the license holder's policies under section 245I.03, subdivision 8, clauses (3) to (7), and the license holder's response.
(b) The license holder must ensure that all personnel files are readily accessible for the commissioner's review. The license holder is not required to keep personnel files in a single location.
246.0141 TOBACCO USE PROHIBITED.
A patient, staff, guest, or visitor on the grounds or in a state regional treatment center, the Minnesota Security Hospital, or the Minnesota Sex Offender Program must not possess or use tobacco or a tobacco-related device.
This section does not prohibit the possession or use of tobacco or a tobacco-related device by an adult as part of a traditional Indian spiritual or cultural ceremony.
246C.09 OFFICE OF EXECUTIVE MEDICAL DIRECTOR.
The Office of Executive Medical Director within Direct Care and Treatment is established.
The executive board shall appoint, and unless otherwise established by law, set the salary of a licensed physician to serve as executive medical director to assist in establishing and maintaining the medical policies of Direct Care and Treatment. The executive board may place the executive medical director's position in the unclassified service if the position meets the criteria of section 43A.08, subdivision 1a. The executive medical director must be a psychiatrist certified by the Board of Psychiatry.
The executive medical director shall:
(1) oversee the clinical provision of inpatient mental health services provided in the state's regional treatment centers;
(2) recruit and retain psychiatrists to serve on the Direct Care and Treatment medical staff established in subdivision 4;
(3) consult with the executive board, the chief executive officer, and community mental health center directors to develop standards for treatment and care of patients in state-operated service programs;
(4) develop and oversee a continuing education program for members of the medical staff; and
(5) participate and cooperate in the development and maintenance of a quality assurance program for state-operated services that assures that residents receive continuous quality inpatient, outpatient, and postdischarge care.
(a) The executive medical director shall establish a Direct Care and Treatment medical staff which shall be under the clinical direction of the Office of Executive Medical Director.
(b) The executive medical director, in conjunction with the medical staff, shall:
(1) establish standards and define qualifications for physicians who care for residents in state-operated services;
(2) monitor the performance of physicians who care for residents in state-operated services; and
(3) recommend to the executive board changes in procedures for operating state-operated service facilities that are needed to improve the provision of medical care in those facilities.
246.015 CONSULTATIVE SERVICES; AFTERCARE OF PATIENTS.
[Repealed, 1953 c 608 s 1]
[Repealed, 1953 c 608 s 1]
The Direct Care and Treatment executive board may authorize state-operated services to provide consultative services for courts, state welfare agencies, and supervise the placement and aftercare of patients, on a fee-for-service basis as defined in section 246.50, provisionally or otherwise discharged from a state-operated services facility. State-operated services may also promote and conduct programs of education relating to mental health. The executive board shall administer, expend, and distribute federal funds which may be made available to the state and other funds not appropriated by the legislature, which may be made available to the state for mental health purposes.
245I.08 DOCUMENTATION STANDARDS.
A license holder must ensure that all documentation required by this chapter complies with this section.
A license holder must ensure that all documentation required by this chapter:
(1) is legible;
(2) identifies the applicable client name on each page of the client file and staff person name on each page of the personnel file; and
(3) is signed and dated by the staff persons who provided services to the client or completed the documentation, including the staff persons' credentials.
A license holder must ensure that all diagnostic assessments, functional assessments, level of care assessments, and treatment plans completed by a clinical trainee or mental health practitioner contain documentation of approval by a treatment supervisor within ten business days of initial completion by the staff person under treatment supervision.
A license holder must use a progress note to document each occurrence of a mental health service that a staff person provides to a client. A progress note must include the following:
(1) the type of service;
(2) the date of service;
(3) the start and stop time of the service unless the license holder is licensed as a residential program;
(4) the location of the service;
(5) the scope of the service, including: (i) the targeted goal and objective; (ii) the intervention that the staff person provided to the client and the methods that the staff person used; (iii) the client's response to the intervention; and (iv) the staff person's plan to take future actions, including changes in treatment that the staff person will implement if the intervention was ineffective;
(6) the signature and credentials of the staff person who provided the service to the client;
(7) the mental health provider travel documentation required by section 256B.0625, if applicable; and
(8) significant observations by the staff person, if applicable, including: (i) the client's current risk factors; (ii) emergency interventions by staff persons; (iii) consultations with or referrals to other professionals, family, or significant others; and (iv) changes in the client's mental or physical symptoms.
If a license holder administers or observes a client self-administer medications, the license holder must maintain a medication administration record for each client that contains the following, as applicable:
(1) the client's date of birth;
(2) the client's allergies;
(3) all medication orders for the client, including client-specific orders for over-the-counter medications and approved condition-specific protocols;
(4) the name of each ordered medication, date of each medication's expiration, each medication's dosage frequency, method of administration, and time;
(5) the licensed prescriber's name and telephone number;
(6) the date of initiation;
(7) the signature, printed name, and credentials of the staff person who administered the medication or observed the client self-administer the medication; and
(8) the reason that the license holder did not administer the client's prescribed medication or observe the client self-administer the client's prescribed medication.
246C.01 TITLE.
This chapter may be cited as the "Direct Care and Treatment Act."
246C.015 DEFINITIONS.
For purposes of this chapter, the following terms have the meanings given.
"Chief executive officer" means the Direct Care and Treatment chief executive officer appointed according to section 246C.08.
"Commissioner" means the commissioner of human services.
"Community preparation services" means specialized inpatient or outpatient services operated outside of a secure environment but administered by a secure treatment facility.
"County of financial responsibility" has the meaning given in section 256G.02, subdivision 4.
"Direct Care and Treatment" means the agency of Direct Care and Treatment established under this chapter.
"Executive board" means the Direct Care and Treatment executive board established under section 246C.06.
"Executive medical director" means the licensed physician serving as executive medical director in Direct Care and Treatment under section 246C.09.
"Head of the facility" or "head of the program" means the person who is charged with overall responsibility for the professional program of care and treatment of the facility or program.
"Indian" has the meaning given in section 260.755, subdivision 7.
"Secure treatment facility" means a facility as defined in section 253B.02, subdivision 18a, or 253D.02, subdivision 13.
"Tobacco" and "tobacco-related device" have the meanings given in section 609.685, subdivision 1.
245I.09 CLIENT FILES.
(a) A license holder must maintain a file for each client that contains the client's current and accurate records. The license holder must store each client file on the premises where the license holder provides or coordinates services for the client. The license holder must ensure that all client files are readily accessible for the commissioner's review. The license holder is not required to keep client files in a single location.
(b) The license holder must protect client records against loss, tampering, or unauthorized disclosure of confidential client data according to the Minnesota Government Data Practices Act, chapter 13; the privacy provisions of the Minnesota health care programs provider agreement; the Health Insurance Portability and Accountability Act of 1996 (HIPAA), Public Law 104-191; and the Minnesota Health Records Act, sections 144.291 to 144.298.
A license holder must retain client records of a discharged client for a minimum of five years from the date of the client's discharge. A license holder who closes a program must retain a client's records for a minimum of five years from the date that the license holder stopped providing services to the client and must notify the commissioner of the location of the client records and the name of the individual responsible for storing and maintaining the client records.
A license holder must retain a clear and complete record of the information that the license holder receives regarding a client, and of the services that the license holder provides to the client. If applicable, each client's file must include the following information:
(1) the client's screenings, assessments, and testing;
(2) the client's treatment plans and reviews of the client's treatment plan;
(3) the client's individual abuse prevention plans;
(4) the client's health care directive under section 145C.01, subdivision 5a, and the client's emergency contacts;
(5) the client's crisis plans;
(6) the client's consents for releases of information and documentation of the client's releases of information;
(7) the client's significant medical and health-related information;
(8) a record of each communication that a staff person has with the client's other mental health providers and persons interested in the client, including the client's case manager, family members, primary caregiver, legal representatives, court representatives, representatives from the correctional system, or school administration;
(9) written information by the client that the client requests to include in the client's file; and
(10) the date of the client's discharge from the license holder's program, the reason that the license holder discontinued services for the client, and the client's discharge summaries.
246B.01 MINNESOTA SEX OFFENDER PROGRAM; DEFINITIONS.
The definitions in this section apply to this chapter.
"Civilly committed sex offender" means a person who is admitted to the Minnesota Sex Offender Program under chapter 253D for the purpose of assessment, diagnosis, care, treatment, supervision, or other services provided by the Minnesota Sex Offender Program.
"Civilly committed sex offender's county" means the county of financial responsibility under chapter 256G, except that when a civilly committed sex offender with no residence in this state is committed while serving a sentence at a penal institution, it means the county from which the civilly committed sex offender was sentenced.
"Executive board" has the meaning given in section 246C.015.
"Community preparation services" means specialized residential services or programs operated or administered by the Minnesota Sex Offender Program outside of a secure treatment facility. Community preparation services are designed to assist civilly committed sex offenders in developing the appropriate skills and resources necessary for an eventual successful reintegration into a community. A civilly committed sex offender may be placed in community preparation services only upon an order of the judicial appeal panel under section 253B.19.
"Cost of care" means the executive board's charge for housing and treatment services provided to any person admitted to the Minnesota Sex Offender Program.
For purposes of this subdivision, "charge for housing and treatment services" means the cost of services, treatment, maintenance, bonds issued for capital improvements, depreciation of buildings and equipment, and indirect costs related to the operation of state facilities. The executive board may determine the charge for services on an anticipated average per diem basis as an all-inclusive charge per facility.
"Executive director" means the person who is charged with overall responsibility for the operation of the Minnesota Sex Offender Program, or the person's designee.
"Local social services agency" means the local social services agency of the civilly committed sex offender's county as defined in subdivision 1b and of the county of commitment, and any other local social services agency possessing information regarding, or requested by the executive board to investigate, the financial circumstances of a civilly committed sex offender.
"Sexual psychopathic personality" has the meaning given in section 253D.02, subdivision 15.
"Sexually dangerous person" has the meaning given in section 253D.02, subdivision 16.
246C.02 DIRECT CARE AND TREATMENT; ESTABLISHMENT.
Direct Care and Treatment is created as an agency headed by an executive board.
MS 2023 Supp [Repealed by amendment, 2024 c 125 art 5 s 19; 2024 c 127 art 50 s 19]
Direct Care and Treatment shall provide direct care and treatment services that include specialized inpatient programs at secure treatment facilities, community preparation services, regional treatment centers, enterprise services, consultative services, aftercare services, community-based services and programs, transition services, nursing home services, and other services consistent with state law, including this chapter and chapters 245, 246, 246B, 252, 253, 253B, 253C, 253D, 254A, 254B, and 256. Direct Care and Treatment shall provide direct care and treatment services in coordination with the commissioner of human services, counties, and other vendors.
(a) The administrative structure of state-operated services must be statewide in character.
(b) The state-operated services staff may deliver services at any location throughout the state.
The commissioner of human services continues to constitute the "state agency" as defined by the Social Security Act of the United States and the laws of this state for all purposes relating to mental health and mental hygiene.
246C.13 MINNESOTA SEX OFFENDER PROGRAM.
The Direct Care and Treatment executive board shall establish and maintain the Minnesota Sex Offender Program. The program shall provide specialized sex offender assessment, diagnosis, care, treatment, supervision, and other services to civilly committed sex offenders as defined in section 246B.01, subdivision 1a. Services may include specialized programs at secure treatment facilities as defined in section 253D.02, subdivision 13, consultative services, aftercare services, community-based services and programs, transition services, or other services consistent with the mission of Direct Care and Treatment.
246C.04 TRANSFER OF DUTIES.
(a) Section 15.039 applies to the transfer of responsibilities from the Department of Human Services to Direct Care and Treatment required by this chapter.
(b) The commissioner of administration, with the governor's approval, shall issue reorganization orders under section 16B.37 as necessary to carry out the transfer of duties required by this chapter. The provision of section 16B.37, subdivision 1, stating that transfers under section 16B.37 may only be to an agency that has existed for at least one year does not apply to transfers to an agency created by this chapter.
The commissioner of human services shall continue to exercise all authority and responsibility for and retain custody of persons subject to civil commitment under chapter 253B or 253D until July 1, 2025. Effective July 1, 2025, custody of persons subject to civil commitment under chapter 253B or 253D and in the custody of the commissioner of human services as of that date is hereby transferred to the executive board without any further act or proceeding. Authority and responsibility for the commitment of such persons is transferred to the executive board July 1, 2025.
The commissioner of human services shall continue to exercise all authorities and responsibilities under this chapter and chapters 13, 245, 246, 246B, 252, 253, 253B, 253C, 253D, 254A, 254B, and 256, with reference to any state-operated service, program, or facility subject to transfer under Laws 2024, chapter 79; Laws 2024, chapter 125, article 5; and Laws 2024, chapter 127, article 50, until July 1, 2025. Effective July 1, 2025, the powers and duties vested in or imposed upon the commissioner of human services with reference to any state-operated service, program, or facility are hereby transferred to, vested in, and imposed upon the executive board according to this chapter and applicable state law. Effective July 1, 2025, the executive board has the exclusive power of administration and management of all state hospitals for persons with a developmental disability, mental illness, or substance use disorder. Effective July 1, 2025, the executive board has the power and authority to determine all matters relating to the development of all of the foregoing institutions and of such other institutions vested in the executive board. Effective July 1, 2025, the powers, functions, and authority vested in the commissioner of human services relative to such state institutions are transferred to the executive board according to this chapter and applicable state law.
There is hereby appropriated to such persons or institutions as are entitled to such sums as are provided for in this section, from the fund or account in the state treasury to which the money was credited, an amount sufficient to make such payment.
246B.03 LICENSURE, EVALUATION, AND GRIEVANCE RESOLUTION.
(a) The executive board shall apply to the commissioner of health to license the secure treatment facilities operated by the Minnesota Sex Offender Program as supervised living facilities with applicable program licensing standards.
(b) The executive board shall apply to the commissioner of human services to license the Minnesota Sex Offender Program as needed to provide program services.
MS 2020 [Repealed, 2022 c 98 art 14 s 33]
(a) The executive director shall establish a grievance policy and related procedures that address and attempt to resolve civilly committed sex offender concerns and complaints. The grievance resolution process must include procedures for assessing or investigating a civilly committed sex offender's concerns or complaints, for attempting to resolve issues informally, and for appealing for a review and determination by the executive director or designee.
(b) Any civilly committed sex offender who believes a right that is applicable to an individual under section 144.651 has been violated may file a grievance under paragraph (a) and attempt to resolve the issue internally, or by a complaint with the Minnesota Department of Health, Office of Health Facility Complaints, or both. Complaints filed with the Office of Health Facility Complaints under this paragraph must be processed according to section 144.652.
245I.13 CRITICAL INCIDENTS.
If a license holder is licensed as a residential program, the license holder must report all critical incidents to the commissioner within ten days of learning of the incident on a form approved by the commissioner. The license holder must keep a record of critical incidents in a central location that is readily accessible to the commissioner for review upon the commissioner's request for a minimum of two licensing periods.
246B.04 RULES; EVALUATION.
The executive board shall adopt rules to govern the operation and maintenance of secure treatment facilities operated by the Minnesota Sex Offender Program or at any other facility operated by the executive board for a person committed as a sexual psychopathic personality or a sexually dangerous person.
The executive board shall establish an evaluation process to measure outcomes and behavioral changes as a result of treatment compared with incarceration without treatment to determine the value, if any, of treatment in protecting the public.
The executive board shall prohibit persons civilly committed as sexual psychopathic personalities or sexually dangerous persons under chapter 253D from having or receiving material that is obscene as defined under section 617.241, subdivision 1, material that depicts sexual conduct as defined under section 617.241, subdivision 1, or pornographic work as defined under section 617.246, subdivision 1, while receiving services in any secure treatment facilities operated by the Minnesota Sex Offender Program or any other facilities operated by the executive board.
The Minnesota Sex Offender Program shall have access to private data contained in the statewide supervision system under section 241.065, as necessary for the administration and management of current civilly committed sex offenders for the purposes of admissions, treatment, security, and supervision. The program shall develop a policy to allow individuals who conduct assessment, develop treatment plans, oversee security, or develop reintegration plans to have access to the data. The commissioner of corrections shall conduct periodic audits to determine whether the policy is being followed.
246B.05 MINNESOTA SEX OFFENDER PROGRAM; VOCATIONAL WORK PROGRAM OPTION.
The Direct Care and Treatment executive board shall develop a vocational work program for persons admitted to the Minnesota Sex Offender Program. The vocational work program is an extension of therapeutic treatment in order for civilly committed sex offenders to learn valuable work skills and work habits while contributing to their cost of care. The vocational work program may include work maintaining the center or work that is brought to the center by an outside source. The earnings generated from the vocational work program must be deposited into the account created in subdivision 2.
A vocational work program account is created in the state treasury. Money collected by the Direct Care and Treatment executive board for the program under this section must be deposited in this account. Money in the account is appropriated to the executive board for purposes of this section.
The executive board has the authority to collect money resulting from the vocational work program for reinvestment within the program.
246C.08 CHIEF EXECUTIVE OFFICER; SERVICE; DUTIES.
(a) The Direct Care and Treatment chief executive officer is appointed by the executive board, in consultation with the governor, and serves at the pleasure of the executive board, with the advice and consent of the senate.
(b) The chief executive officer shall serve in the unclassified service in accordance with section 43A.08. The Compensation Council under section 15A.082 shall establish the salary of the chief executive officer.
(a) The chief executive officer's primary duty is to assist the executive board. The chief executive officer is responsible for the administrative and operational management of the agency.
(b) The chief executive officer shall have all the powers of the executive board unless the executive board directs otherwise. The chief executive officer shall have the authority to speak for the executive board and Direct Care and Treatment within and outside the agency.
(c) In the event that a vacancy occurs for any reason within the chief executive officer position, the executive medical director appointed under section 246C.09 shall immediately become the temporary chief executive officer until the executive board appoints a new chief executive officer. During this period, the executive medical director shall have all the powers and authority delegated to the chief executive officer by the board and specified in this chapter.
246C.091 DIRECT CARE AND TREATMENT ACCOUNTS.
(a) A gifts, grants, and contributions account is created in the special revenue fund in the state treasury. All money received by the executive board as a gift, grant, or contribution must be deposited in the gifts, grants, and contributions account. Beginning July 1, 2025, except as provided in paragraph (b), money in the account is annually appropriated to the Direct Care and Treatment executive board to accomplish the purposes of this chapter. Gifts, grants, or contributions received by the executive board exceeding current agency needs must be invested by the State Board of Investment in accordance with section 11A.24. Disbursements from the gifts, grants, and contributions account must be made in the manner provided for the issuance of other state payments.
(b) If the gift or contribution is designated for a certain person, institution, or purpose, the Direct Care and Treatment executive board must use the gift or contribution as specified in accordance with the conditions of the gift or contribution if compatible with the best interests of the person and the state. If a gift or contribution is accepted for the use and benefit of a person with a developmental disability, including those within a state hospital, research relating to persons with a developmental disability must be considered an appropriate use of the gift or contribution. Such money must not be used for any structures or installations which by their nature would require state expenditures for their operation or maintenance without specific legislative enactment.
A facilities management account is created in the special revenue fund of the state treasury. Beginning July 1, 2025, money in the account is appropriated to the Direct Care and Treatment executive board and may be used to maintain buildings, acquire facilities, renovate existing buildings, or acquire land for the design and construction of buildings for Direct Care and Treatment use. Money received for maintaining state property under control of the executive board may be deposited into this account.
(a) The Direct Care and Treatment systems account is created in the special revenue fund of the state treasury. Beginning July 1, 2025, money in the account is appropriated to the Direct Care and Treatment executive board and may be used for security systems and information technology projects, services, and support under the control of the executive board.
(b) The commissioner of human services shall transfer all money allocated to the Direct Care and Treatment systems projects under section 256.014 to the Direct Care and Treatment systems account by June 30, 2026.
The cemetery maintenance account is created in the special revenue fund of the state treasury. Money in the account is appropriated to the executive board for the maintenance of cemeteries under control of the executive board. Money allocated to Direct Care and Treatment cemeteries may be transferred to this account.
246B.07 PAYMENT FOR CARE AND TREATMENT; DETERMINATION.
The executive board shall determine or redetermine, if necessary, what amount of the cost of care, if any, the civilly committed sex offender is able to pay. The civilly committed sex offender shall provide to the executive board documents and proof necessary to determine the ability to pay. Failure to provide the executive board with sufficient information to determine ability to pay may make the civilly committed sex offender liable for the full cost of care until the time when sufficient information is provided.
The executive board shall use the standards in section 246.51, subdivision 2, to determine the civilly committed sex offender's liability for the care provided by the Minnesota Sex Offender Program.
The executive board may recover, under sections 246B.07 to 246B.10, the cost of any care provided by the Minnesota Sex Offender Program.
246C.10 FORENSIC SERVICES.
(a) The executive board shall create and maintain forensic services programs.
(b) The executive board must provide forensic services in coordination with counties and other vendors.
(c) Forensic services must include specialized inpatient programs at secure treatment facilities, consultive services, aftercare services, community-based services and programs, transition services, nursing home services, or other services consistent with the mission of Direct Care and Treatment.
(d) The executive board may adopt rules to carry out the provision of this section and to govern the operation of the services and programs under the direct administrative authority of the executive board.
246B.09 CLAIM AGAINST ESTATE OF DECEASED CIVILLY COMMITTED SEX OFFENDER.
Upon the death of a civilly committed sex offender, or a former civilly committed sex offender, the total cost of care provided to the individual, less the amount actually paid toward the cost of care by the civilly committed sex offender, must be filed by the executive board as a claim against the estate of the civilly committed sex offender with the court having jurisdiction to probate the estate, and all proceeds collected by the state in the case must be divided between the state and county in proportion to the cost of care each has borne.
An estate claim in subdivision 1 must be considered an expense of the last illness for purposes of section 524.3-805.
If the executive board determines that the property or estate of a civilly committed sex offender is not more than needed to care for and maintain the spouse and minor or dependent children of a deceased civilly committed sex offender, the executive board has the power to compromise the claim of the state in a manner deemed just and proper.
Any statute of limitations that limits the executive board in recovering the cost of care obligation incurred by a civilly committed sex offender or former civilly committed sex offender must not apply to any claim against an estate made under this section to recover cost of care.
246C.14 INDIANS, FACILITIES FOR TREATMENT.
The executive board must provide adequate treatment facilities for tubercular Indians who are residents of Minnesota, for poor relief purposes.
246C.19 PHYSICAL EXAMINATIONS FOR EMPLOYMENT REQUIRED.
Any state institution under the direction of the executive board must not hire a new employee, whether the potential employee is certified for employment by the state Department of Management and Budget or otherwise selected, unless the potential employee provides verification to the head of the state institution or a designee, in a form determined by the executive board, that the potential employee has undergone physical examination and testing establishing that the potential employee is free of tuberculosis.
246B.08 PAYMENT FOR CARE; ORDER; ACTION.
The executive board shall issue an order to the civilly committed sex offender or the guardian of the estate, if there is one, requiring the civilly committed sex offender or guardian to pay to the state the amounts determined, the total of which must not exceed the full cost of care. The order must specifically state the executive board's determination and must be conclusive, unless appealed. If a civilly committed sex offender fails to pay the amount due, the attorney general, upon request of the executive board, may institute, or direct the appropriate county attorney to institute, a civil action to recover the amount.
246C.11 STATE-OPERATED, COMMUNITY-BASED PROGRAMS.
The executive board shall establish and maintain a system of state-operated, community-based programs for persons with developmental disabilities.
For purposes of this section, "state-operated, community-based program" means a program administered by the state to provide treatment and habilitation in noninstitutional community settings to a person with a developmental disability.
The establishment of state-operated, community-based programs must be within the context of a comprehensive definition of the role of state-operated services in the state. The role of state-operated services must be defined within the context of a comprehensive system of services for persons with developmental disability.
State-operated, community-based programs may include but are not limited to community group homes, foster care, supportive living services, day training and habilitation programs, and respite care arrangements.
(a) In conjunction with the discharge of persons from regional treatment centers and their admission to state-controlled and privately operated community-based programs, the executive board may provide technical training assistance to the community-based programs. The executive board may apply for and accept money from any source including reimbursement charges from the community-based programs for reasonable costs of training. Money received must be deposited in the general fund and is appropriated annually to the executive board for training under this section.
(b) The executive board must coordinate with the commissioner of human services to provide technical training assistance to community-based programs under this section and section 245.073.
(a) State-operated, community-based programs may be developed in conjunction with existing county responsibilities and authorities for persons with developmental disabilities. Assessment, placement, screening, case management responsibilities, and determination of need procedures must be consistent with county responsibilities established under law and rule.
(b) Counties may enter into shared service agreements with state-operated programs.
246C.20 CONTRACT WITH DEPARTMENT OF HUMAN SERVICES FOR ADMINISTRATIVE SERVICES.
(a) Direct Care and Treatment shall contract with the Department of Human Services to provide determinations on issues of county of financial responsibility under chapter 256G and to provide administrative and judicial review of direct care and treatment matters according to section 256.045.
(b) The executive board may prescribe rules necessary to carry out this subdivision, except that the executive board must not create any rule purporting to control the decision making or processes of state human services judges under section 256.045, subdivision 4, or the decision making or processes of the commissioner of human services issuing an advisory opinion or recommended order to the executive board under section 256G.09, subdivision 3. The executive board must not create any rule purporting to control processes for determinations of financial responsibility under chapter 256G or administrative and judicial review under section 256.045 on matters outside of the jurisdiction of Direct Care and Treatment.
(c) The executive board and commissioner of human services may adopt joint rules necessary to accomplish the purposes of this section.
246B.10 LIABILITY OF COUNTY; REIMBURSEMENT.
(a) The civilly committed sex offender's county shall pay to the state a portion of the cost of care provided in the Minnesota Sex Offender Program to a civilly committed sex offender who has legally settled in that county.
(b) A county's payment must be made from the county's own sources of revenue and payments must:
(1) equal ten percent of the cost of care, as determined by the executive board, for each day or portion of a day that the civilly committed sex offender spends at the facility for individuals admitted to the Minnesota Sex Offender Program before August 1, 2011; or
(2) equal 25 percent of the cost of care, as determined by the executive board, for each day or portion of a day that the civilly committed sex offender:
(i) spends at the facility for individuals admitted to the Minnesota Sex Offender Program on or after August 1, 2011; or
(ii) receives services within a program operated by the Minnesota Sex Offender Program while on provisional discharge.
(c) The county is responsible for paying the state the remaining amount if payments received by the state under this chapter exceed:
(1) 90 percent of the cost of care for individuals admitted to the Minnesota Sex Offender Program before August 1, 2011; or
(2) 75 percent of the cost of care for individuals:
(i) admitted to the Minnesota Sex Offender Program on or after August 1, 2011; or
(ii) receiving services within a program operated by the Minnesota Sex Offender Program while on provisional discharge.
(d) The county is not entitled to reimbursement from the civilly committed sex offender, the civilly committed sex offender's estate, or from the civilly committed sex offender's relatives, except as provided in section 246B.07.
248.011 REPORTING OF NEWLY BLINDED INDIVIDUAL.
Whenever an ophthalmologist or optometrist makes an initial diagnosis of legal blindness as defined in section 256D.35, subdivision 4a, the ophthalmologist or optometrist shall advise the client that services are available through Minnesota State Services for the Blind. After obtaining client consent, the ophthalmologist or optometrist shall report the name of the legally blind client to Minnesota State Services for the Blind. The report must be filed with Minnesota state services for the blind within 30 days following a diagnosis of legal blindness after obtaining client consent.
Upon receipt of the name of a legally blind individual, Minnesota State Services for the Blind shall contact the newly blind individual within 30 days and provide a complete summary of available services to the blind individual, in media accessible to the individual.
248.04 BLIND STUDENT TO RECEIVE EXPENSES WHILE AT CERTAIN SCHOOLS.
Any blind person who is, and for five years immediately preceding the making of an application for aid under this chapter has been, a resident of this state, who is a regularly enrolled student pursuing any course of study, profession, art, or science in any university, college, or conservatory of music approved by the board of directors of the Minnesota State Academy for the Blind, in the discretion and under direction of the board, may receive a sum or sums of money, not exceeding $300 in any one year, for the purpose of defraying necessary expenses, including those of a reader, while in attendance upon such university, college, or conservatory, such expenditures to be made from the appropriations for the current expenses of the Minnesota State Academy for the Blind. Not more than ten such blind persons shall receive such aid in any one year.
246.141 PROJECT LABOR.
Wages for project labor may be paid by the executive board out of repairs and betterments money if the individual performing project labor is engaged in a construction project or a repair project of short-term and nonrecurring nature. Compensation for project labor must be based on the prevailing wage rates, as defined in section 177.42, subdivision 6. Project laborers are excluded from the provisions of sections 43A.22 to 43A.30, and are not eligible for state-paid insurance and benefits.
248.03 FREE TUITION AT STATE UNIVERSITY.
Any resident of the state graduated from the Minnesota State Academy for the Blind, upon compliance with all other requirements, shall be entitled to pursue any course of study in the state university without expense for tuition; and the Board of Regents shall receive the resident into any department thereof.
246.151 COMPENSATION PAID TO PATIENT.
Notwithstanding any law to the contrary, the executive board is authorized to pay patients or residents of state institutions such pecuniary compensation as required by the United States Department of Labor. Payment of subminimum wages must meet all requirements of United States Department of Labor Regulations, Code of Federal Regulations, title 29, part 525. The amount of compensation depends upon the quality and character of the work performed as determined by the executive board and the chief executive officer pursuant to section 177.24.
The executive board may establish an imprest cash fund for each of the state-operated residential facilities with on-campus work programs to pay residents participating in an on-campus work program.
248.062 DUTIES OF COMMISSIONER.
The commissioner must enter into agreements with qualified entities to provide an accessible electronic information service for eligible individuals. This service must be planned for continuation from year to year.