piers109uk/MN-Statutes huggingface dataset:
246.16 UNCLAIMED MONEY OR PERSONAL PROPERTY.
When a patient or resident in a state-operated services facility under the jurisdiction of the executive board dies or is absent without authorization leaving money in the control of the head of the facility or a designee, and there is no claimant or person entitled to the money known to the head of the facility or designee the money may at the discretion of the head of the facility or designee, be expended under the direction of the head of the facility or designee for the benefit of the patients or residents of the facility. The head of the facility or designee must not spend any such unclaimed money until it has remained unclaimed for at least five years. If, at any time after the expiration of the five years, the legal heirs of the patients or residents appear and make proper proof of heirship, they are entitled to receive from the state the sum of money expended by the head of the state-operated services facility or designee belonging to the patient or resident.
When a patient or resident of a state-operated services facility under the jurisdiction of the executive board dies or is absent without authorization, leaving personal property exclusive of money in the custody of the head of the state-operated services facility or designee and the property remains unclaimed for a period of two years, with no person entitled to the property known to the head of the state-operated services or designee, the head of the state-operated services facility or designee may sell the property at public auction. Notice of the sale must be published for two consecutive weeks in a legal newspaper in the county where the state-operated services facility is located and must state the time and place of the sale. The proceeds of the sale, after deduction of the costs of publication and auction, may be expended, at the discretion of the head of the state-operated services facility or designee, for the benefit of the patients or residents of the state-operated services facility. Any patient or resident, or heir or representative of the patient or resident, may file with, and make proof of ownership to, the head of the state-operated services facility or designee of the state-operated services facility disposing of the personal property within four years after the sale. Upon satisfactory proof to the head of the state-operated services or designee, the head of the state-operated services or designee shall certify for payment to the commissioner of management and budget the amount received by the sale of the property.
No suit shall be brought for damages consequent to the disposal of personal property or use of money in accordance with this section against the state or any official, employee, or agent thereof.
248.075 BLIND-MADE GOODS AND SERVICES, USE BY GOVERNMENTAL AGENCIES.
Any board, commission, officer, or employee of the state or a state agency, or of any county, city, town, school district, or other political subdivision or taxing district of the state, who purchases materials, supplies, goods, wares, merchandise, or produce, or procures services in behalf of the state or such state agency, political subdivision, or taxing district, shall purchase blind-made articles and products and procure blind labor, as each term is defined in section 325F.47, whenever they are available on terms at least as advantageous to the purchaser as are articles, products, and services available from other sources.
250.05 CREATION; ADMINISTRATION; POWERS AND DUTIES.
MS 1988 [Repealed, 1988 c 599 s 5]
MS 1988 [Repealed, 1988 c 599 s 5]
MS 1988 [Repealed, 1988 c 599 s 5]
MS 1988 [Repealed, 1988 c 599 s 5]
All employees of the Gillette Children's Hospital who are in the classified service of the state on March 28, 1974, shall be continued as employees of the Gillette Children's Hospital Board without loss of status, seniority, or benefits. The Departments of Administration and Personnel shall endeavor to assist in the transfer elsewhere within state service of any classified employee who desires such assistance. Classified personnel may, with their individual approval and the approval of the Gillette Children's Hospital Board, enter the unclassified service. Employees who remain in the classified service of the state under the provisions of this section, may do so as long as they continue to occupy the position occupied on March 28, 1974. If such an employee at a subsequent date is appointed, transferred, promoted, or demoted to a different position under the Gillette Children's Hospital Board, that position and employee shall be in the unclassified service. All other employees of the Gillette Children's Hospital Board shall be in the unclassified service. The Gillette Children's Hospital Board may prescribe all terms and conditions of employment of unclassified employees, including but not limited to the fixing of classification and compensation, without regard to the provisions of chapter 15A. Full-time employees of the Gillette Children's Hospital Board may be members of the Minnesota State Retirement System for classified employees, to which the Gillette Children's Hospital Board shall make employer's contributions.
MS 1988 [Repealed, 1988 c 599 s 5]
MS 1988 [Repealed, 1988 c 599 s 5]
MS 1988 [Repealed, 1988 c 599 s 5]
MS 1988 [Repealed, 1988 c 599 s 5]
The Gillette Children's Hospital may be dissolved upon the adoption of a plan to dissolve by two-thirds of the Gillette Children's Hospital Board. In the event of dissolution of the Gillette Children's Hospital, no liquidating or other dividends shall be declared or paid to any private individual and the net assets of the Gillette Children's Hospital shall be distributed as follows:
(1) all liabilities and obligations of the Gillette Children's Hospital shall be paid, satisfied, or discharged, or adequate provision shall be made to do so; and
(2) remaining assets shall be distributed to the state of Minnesota or public, charitable, scientific, or educational organizations described in sections 170(c)(2), 501(c)(3), 2055(a)(2), and 2522(a)(2) of the Internal Revenue Code of 1986, as amended, as determined in the plan to dissolve.
246.575 PROVISION OF NURSING HOME SERVICES.
(a) The executive board shall provide nursing home care to a person requiring and eligible for that level of care when the person:
(1) is medically fragile or clinically challenging;
(2) exhibits severe or challenging behaviors; or
(3) requires treatment for an underlying mental illness.
(b) A person may be accepted for admission only after nursing home preadmission screening by the county.
Within the limits of appropriations, the executive board may expand the provision of technical assistance to community providers in handling the behavior problems of their residents, and with community placements for younger persons who have heavy nursing needs and behavior problems. Technical assistance may include site visits, consultation with providers, or provider training.
The nursing homes may enter into shared services agreements according to section 246.57 to provide other services needed in the region that build on the services provided by the regional nursing homes and that are offered in conjunction with a community or community group.
Respite care may be offered when space is available if payment for the cost of care is guaranteed by the person, the person's family or legal representative, or a source other than a direct state appropriation to the nursing home, and if the individual meets the facility's admission criteria.
248.10 REHABILITATION COUNCIL FOR THE BLIND.
(a) The commissioner shall establish a Rehabilitation Council for the Blind consistent with the federal Rehabilitation Act of 1973, Public Law 93-112, as amended. Council members shall be compensated as provided in section 15.059, subdivision 3. The council shall advise the commissioner about programs of the Division of State Services for the Blind.
(b) Notwithstanding section 13D.01, the Rehabilitation Council for the Blind may conduct a meeting of its members by telephone or other electronic means so long as the following conditions are met:
(1) all members of the council participating in the meeting, wherever their physical location, can hear one another and can hear all discussion and testimony;
(2) members of the public present at the regular meeting location of the council can hear all discussion and testimony and all votes of members of the council;
(3) at least one member of the council is physically present at the regular meeting location; and
(4) all votes are conducted by roll call, so each member's vote on each issue can be identified and recorded.
(c) Each member of the council participating in a meeting by telephone or other electronic means is considered present at the meeting for purposes of determining a quorum and participating in all proceedings.
(d) If telephone or another electronic means is used to conduct a meeting, the council to the extent practical, shall allow a person to monitor the meeting electronically from a remote location. The council may require the person making such a connection to pay for documented marginal costs that the council incurs as a result of the additional connection.
(e) If telephone or another electronic means is used to conduct a regular, special, or emergency meeting, the council shall provide notice of the regular meeting location, of the fact that some members may participate by electronic means, and of the provisions of paragraph (d). The timing and method of providing notice is governed by section 13D.04.
248.11 RECOUPMENT OF SERVICES AND EQUIPMENT.
If a recipient receives monetary assistance as a rehabilitation service from services for the blind in excess of that to which the recipient is entitled by law, State Services for the Blind shall, as soon as it discovers the amount of the erroneous payment, notify the recipient to return the same in accordance with rules adopted by the commissioner. Unless the recipient files an appeal under section 248.07, subdivision 15, within 15 days after the notice to return is personally delivered to the recipient or mailed to the recipient's last known address, the determination of overpayment shall be considered final. If the recipient files a timely appeal, the determination shall not be considered final until the recipient's administrative appeal remedies are exhausted. State Services for the Blind may recoup overpayments considered final under this subdivision by deducting the amount or a part of the overpayment from future monetary assistance payments to the recipient or by civil action in the name of the commissioner. Overpayments made more than three years prior to discovery of the error are not recoverable under this subdivision.
If a recipient retains equipment to which State Services for the Blind has title after the recipient's right to possess the equipment has expired, State Services for the Blind shall notify the recipient to return the same or execute a new lease to the equipment if the equipment is still necessary to the recipient's rehabilitation. Unless the recipient returns the equipment, executes and complies with a new lease to the equipment or appeals under section 248.07, subdivision 15, within 15 days after the notice to return is personally delivered to the recipient or mailed to the recipient's last known address, State Services for the Blind may institute a civil action to recover the equipment or the reasonable value of the equipment.
246.325 GARDEN OF REMEMBRANCE.
The cemetery located on the grounds of the former Cambridge State Hospital shall be known as the Garden of Remembrance.
246.33 CEMETERY.
The executive board may establish and maintain a cemetery for the burial of any patient, inmate, or person admitted to any state institution under control of the executive board upon the public grounds of such institution in the manner set forth in this section.
In establishing and maintaining a cemetery under subdivision 1, the executive board must survey the land of the potential location of the cemetery and create a plat.
The executive board must clearly mark the cemetery's boundaries at the physical location of the cemetery and record the boundary locations on the plat required by subdivision 2.
The executive board must plat the cemetery into numbered lots. The executive board must provide for streets and walkways to, from, and within the cemetery and clearly mark the streets and walkways on the plat. The executive board must provide an appropriate permanent identification marker upon each individual grave. Notwithstanding section 13.46, the executive board may share private data on individuals for purposes of placing a marker on each grave.
The executive board must obtain certification from the surveyor as to the accuracy of the plat.
(a) The executive board must file the plat with the surveyor's certification with the county recorder in the county where the cemetery is located.
(b) The head of the institution or a designee must keep a copy of the plat at the location of the institution with a register showing the name of the persons buried in the cemetery and the lot in which they are buried.
246.35 ABANDONMENT OF CEMETERY; COURT ORDER.
The district court of the county where a cemetery exists on the grounds of a state institution may issue an order authorizing the abandonment and discontinued use of such cemetery when the executive board files affidavits attesting:
(1) to all exhumations completed under section 246.34; and
(2) that the executive board has thoroughly searched the cemetery on the grounds of the state institution and no people remain buried in the cemetery to the executive board's knowledge, information, and belief.
246.34 REINTERMENT.
The executive board must comply with all provisions of this section to exhume the body of any person now buried in a cemetery situated on the land belonging to the state for public institution purposes and reinter the remains in a cemetery created under the provisions of section 246.33.
(a) The executive board shall petition the district court of the county where the present cemetery is located for an order authorizing the reinterment of a person under subdivision 1. The petition must set forth the reasons for reinterment of the person and the proposed location for the reinterment of the person.
(b) Upon the filing of a petition under paragraph (a), the court must issue an order for a hearing setting the location, date, and time of a hearing on the petition. The court must set the hearing date at least 60 days after the order for hearing.
(c) The executive board shall serve the nearest relative or, if the executive board cannot locate any relative, some friend of the person whose body is to be exhumed by mailing a copy of the petition and court's order for hearing to the relative at least 30 days before the date of hearing and filing an affidavit of mailing with the court administrator of district court. If the executive board is unable to locate a relative, the executive board shall make an affidavit to that effect and file the affidavit with the court administrator of district court.
(a) Upon the hearing of the petition, if the court determines that it is for the best interests of the public and the relatives and friends of the person to be exhumed and reinterred, the court shall issue an order authorizing the exhumation. The order must set forth the time within which the exhumation must occur and the place to which the person is to be reinterred.
(b) Upon completion of the exhumation, the head of the institution or a designee shall document in the register required by section 246.33, subdivision 6, paragraph (b), the name of the person exhumed and the number of the lot in the cemetery in which the person was reinterred and file an affidavit containing that information with the court administrator of district court.
246.50 CARE OF CLIENTS AT STATE FACILITIES; DEFINITIONS.
For the purposes of sections 246.50 to 246.55, the terms set out in this section shall have the meanings ascribed to them.
"Commissioner" means the commissioner of human services of the state of Minnesota.
"State facility" means any state facility owned or operated by the state of Minnesota and under the programmatic direction or fiscal control of the executive board, except the Minnesota Sex Offender Program under chapter 246B. State facility includes regional treatment centers; the state nursing homes; state-operated, community-based programs; and other facilities owned or operated by the state and under the executive board's control.
[Repealed, 1989 c 282 art 2 s 219]
"Client" means any person receiving services at a state facility, whether or not those services require occupancy of a bed overnight.
[Repealed, 1989 c 282 art 2 s 219]
"Cost of care" means the usual and customary fee charged by the executive board for services provided to clients. The executive board shall establish the usual and customary fee to appropriately bill services to all payers and shall include the costs related to the operations of any program offered by the state.
"Relatives" means the spouse and parents of a client in that order of liability for cost of care.
"Client's county" means the county of financial responsibility under section 256G.02, except that where a client with no residence in this state is committed while serving a sentence at a correctional facility, "client's county" means the county from which the client was sentenced.
"Local social services agency" means the local social services agency of the client's county, the county of commitment, any local social services agency possessing information regarding the financial circumstances of the client or the client's relatives, or any local social services agency requested by the executive board to investigate the financial circumstances of a client or the client's relatives.
[Repealed, 1989 c 282 art 2 s 219]
"State-operated community-based program" means any program operated in the community including community behavioral health hospitals, crisis centers, residential facilities, outpatient services, and other community-based services developed and operated by the state and under the executive board's control.
"Health plan company" has the meaning given it in section 62Q.01, subdivision 4, and also includes:
(1) a demonstration provider as defined in section 256B.69, subdivision 2, paragraph (b);
(2) a county or group of counties participating in county-based purchasing according to section 256B.692; and
(3) a children's mental health collaborative under contract to provide medical assistance for individuals enrolled in the prepaid medical assistance and MinnesotaCare programs under sections 245.493 to 245.495.
246.52 PAYMENT FOR CARE; ORDER; ACTION.
(a) The executive board shall issue an order to the client or the guardian of the estate, if applicable, and relatives determined able to pay requiring them to pay to the state of Minnesota the amounts determined under sections 246.51 and 246.511, not to exceed the full cost of care. The order must specifically state the determination of the executive board and is final unless appealed from pursuant to section 246.55.
(b) When a client or relative fails to pay the amount due under an order of the executive board, the attorney general, upon request of the executive board, may institute, or direct the appropriate county attorney to institute, civil action to recover such amount.
246.511 RELATIVE RESPONSIBILITY.
Except for substance use disorder services paid for with money provided under chapter 254B, the executive board must not require under section 246.51 a client's relatives to pay more than the following: (1) for services provided in a community-based service, the noncovered cost of care as determined under the ability to pay determination; and (2) for services provided at a regional treatment center operated by state-operated services, 20 percent of the cost of care, unless the relatives reside outside the state. The executive board may accept voluntary payments in excess of 20 percent. The executive board may require full payment of the full per capita cost of care in state facilities for clients whose parent, parents, spouse, guardian, or conservator do not reside in Minnesota.
246.53 CLAIM AGAINST ESTATE OF DECEASED CLIENT.
Upon the death of a client who received services, the executive board shall file a claim against the estate of the individual for the total cost of care provided to the client, less the amount actually paid toward the cost of care by the client and the client's relatives in the court having jurisdiction to probate the estate. 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.
(a) An estate claim in subdivision 1 must be considered an expense of the last illness for purposes of section 524.3-805.
(b) The executive board has the power to compromise a claim under this section if the executive board determines that the property or estate of any client does not exceed the minimum needed to care for and maintain the spouse and minor or dependent children of a deceased client.
[Repealed, 2009 c 79 art 3 s 19]
Any statute of limitations that limits the executive board in recovering the cost of care obligation incurred by a client who received services does not apply to any claim against an estate made under this section to recover the cost of care.
246.531 SUBROGATION OF INSURANCE SETTLEMENTS.
The executive board shall be subrogated, to the extent of the cost of care for services given, to the rights a client who receives treatment or care at a state facility may have under private health care coverage. The right of subrogation does not attach to benefits paid or provided under private health care coverage before the carrier issuing the health care coverage receives written notice of the exercise of subrogation rights.
To recover under this section, the executive board, with counsel of the attorney general, may institute or join in a civil action against the carrier issuing the private health care coverage.
246.555 PERSONS ADMISSIBLE TO REGIONAL TREATMENT CENTERS.
The executive board shall maintain a regionally based, state-administered system of substance use disorder programs. Counties may refer individuals who are eligible for services under chapter 254B to the substance use disorder units in the regional treatment centers.
A 15 percent county share of the per diem cost of treatment is required for individuals served within the treatment capacity funded by direct legislative appropriation.
The executive board shall establish criteria for admission to the substance use disorder units to maximize federal and private funding sources, fully utilize the regional treatment center capacity, and make state-funded treatment capacity available to counties on an equitable basis. The admission criteria may be adopted without rulemaking. Existing rules governing placements under chapters 254A and 254B do not apply to admissions to the capacity funded by direct appropriation.
Private and third-party collections and payments are appropriated to the executive board for the operation of the substance use disorder units.
In addition to the substance use disorder treatment capacity funded by direct legislative appropriation, the regional treatment centers may also provide treatment to:
(1) individuals whose treatment is paid for out of the behavioral health fund under chapter 254B, in which case placement rules adopted under chapter 254B apply;
(2) individuals who are ineligible under the behavioral health fund but who are committed for treatment under chapter 253B as provided in section 254B.05, subdivision 4; and
(3) individuals who are covered through other nonstate payment sources.
246.554 PURPOSE OF REGIONAL TREATMENT CENTERS.
The primary mission of the regional treatment centers for persons with major mental illness is to provide inpatient psychiatric hospital services. The regional treatment centers are part of a comprehensive mental health system. Regional treatment center services must be integrated into an array of services based on assessment of individual needs.
246.57 SHARED SERVICE AGREEMENTS.
The Direct Care and Treatment executive board may authorize any state-operated services to enter into agreement with other governmental entities and both nonprofit and for-profit organizations for participation in shared service agreements that would be of mutual benefit to the state, other governmental entities and organizations involved, and the public. Positions funded by a shared service agreement are authorized for the duration of the shared service agreement. The charges for the services shall be on an actual cost basis. All receipts for shared services may be retained by the state-operated service that provided the services.
[Repealed, 1997 c 7 art 2 s 67]
[Repealed, 1987 c 234 s 4]
The executive board may authorize a state-operated services program to provide staff or services to Confidence Learning Center in return for services to, or use of the camp's facilities by, residents of the program who have developmental disabilities.
[Repealed, 2013 c 59 art 2 s 17]
The Direct Care and Treatment executive board shall authorize any state-operated services facility under the executive board's authority to provide dental services to persons with a disability who are eligible for medical assistance and are not residing at the regional treatment center or state-operated nursing home, provided that the reimbursement received for these services is sufficient to cover actual costs. To provide these services, regional treatment centers and state-operated nursing homes may participate under contract with health networks in their service area. All receipts for these dental services shall be retained by the regional treatment center or state-operated nursing home that provides the services and shall be in addition to other funding the regional treatment center or state-operated nursing home receives.
246.585 CRISIS SERVICES.
Within the limits of appropriations, state-operated regional technical assistance must be available in each region to assist counties, residential and day programming staff, and families to prevent or resolve crises that could lead to a change in placement. Crisis capacity must be provided on all regional treatment center campuses serving persons with developmental disabilities. In addition, crisis capacity may be developed to serve 16 persons in the Twin Cities metropolitan area. Technical assistance and consultation must also be available in each region to providers and counties. Staff must be available to provide:
(1) individual assessments;
(2) program plan development and implementation assistance;
(3) analysis of service delivery problems; and
(4) assistance with transition planning, including technical assistance to counties and providers to develop new services, site the new services, and assist with community acceptance.
246.591 ACTIVE PSYCHIATRIC TREATMENT.
The state-operated services shall provide active psychiatric treatment according to contemporary professional standards. Treatment must be designed to:
(1) stabilize the individual and the symptoms that required hospital admission;
(2) restore individual functioning to a level permitting return to the community;
(3) strengthen family and community support; and
(4) facilitate discharge, after care, and follow-up as patients return to the community.
246.599 SERVICES TO COURTS AND STATE WELFARE AGENCIES.
The executive board may provide on a fee-for-service basis consultive services to courts and state welfare agencies.
The executive board may provide to court and state welfare agencies on a fee-for-service basis supervision and aftercare of patients provisionally or otherwise discharged from a state-operated services facility.
The executive board may promote and conduct educational programs relating to mental health to court and state welfare agencies.
The executive board shall administer, expend, and distribute federal funds and other funds not appropriated by the legislature that are made available to the state for the mental health purposes in this section.
246.55 APPEAL FROM ORDER OF EXECUTIVE BOARD.
Clients or relatives aggrieved by an order of the executive board under sections 246.50 to 246.55 may appeal from the order to the district court of the county in which they reside by serving notice of the appeal on the executive board and filing the notice, with proof of service, in the office of the court administrator of the district court within 30 days from the date the order was mailed, or a later date not exceeding one year from the date of mailing as permitted by order of the court. The appeal may be brought on for hearing by the appellant or the executive board upon ten days' written notice. The court must issue an order following an evidentiary hearing affirming or modifying the order of the executive board. When any order or determination of the executive board made under sections 246.50 to 246.55 is brought in question on appeal, the order or determination must be determined de novo. Appeal from the order of the district court may be taken as in other civil cases.
246.611 RULES AND LICENSURE FOR STATE-OPERATED RESIDENTIAL AND DAY HABILITATION.
Each state-operated residential and day habilitation service site shall be separately licensed and movement of residents between them shall be governed by applicable rules adopted by the Direct Care and Treatment executive board.
246.581 STATE-OPERATED, COMMUNITY-BASED PROGRAMS.
Employees of state-operated, community-based programs, except clients who work within and benefit from these treatment and habilitation programs, must be state employees under chapters 43A and 179A.
Any clients who work within and benefit from these treatment and habilitation programs are not state employees under chapters 43A and 179A. The executive board may consider clients who work within and benefit from these programs employees for federal tax purposes.
State-operated, community-based programs may accept admissions from regional treatment centers, from the person's own home, or from community programs.
246.588 SPIRITUAL CARE SERVICES.
An organized means for providing spiritual care services and follow-up may be established as part of the comprehensive health care, congruent with the operational philosophy of Direct Care and Treatment, to residents of state-operated residential facilities and former residents discharged to private facilities, by persons certified for ministry in specialized settings.
246.595 SOUTHERN CITIES COMMUNITY HEALTH CLINIC.
The Direct Care and Treatment executive board shall offer medically necessary psychiatric and dental services to developmentally disabled clients in the Faribault service area through the Southern Cities Community Health Clinic. For purposes of this requirement, the Faribault service area is expanded to also include geographic areas of the state within 100 miles of Faribault.
The Direct Care and Treatment executive board shall consult with providers of psychiatric and dental services to developmentally disabled clients, family members of developmentally disabled clients, the chairs of the house of representatives and senate committees with jurisdiction over health and human services fiscal issues, and the exclusive representatives when considering policy changes related to:
(1) the future of the Southern Cities Community Health Clinic;
(2) the services currently provided by that clinic to developmentally disabled clients in the Faribault regional center catchment area; and
(3) changes in the model for providing those services.
(a) Direct Care and Treatment shall guarantee the provision of medically necessary psychiatric and dental services to developmentally disabled clients in the Faribault service area through the Southern Cities Community Health Clinic until or unless other appropriate arrangements have been made to provide those clients with those services and the requirements of paragraph (b) are met.
(b) The executive board shall notify the chairs of the house of representatives and senate committees with jurisdiction over health and human services fiscal issues of plans to use other arrangements to provide medically necessary psychiatric and dental services to developmentally disabled clients in the Faribault service area. The executive board must not implement these arrangements unless a regular legislative session has convened and adjourned since the date notice was given under this paragraph.
246.64 SUBSTANCE USE DISORDER SERVICE AGREEMENTS.
Notwithstanding sections 246.50, subdivision 5, and 246.511, the executive board shall establish separate rates for each substance use disorder service operated by the executive board and may establish separate rates for each service component within the program by establishing fees for services or different per diem rates for each separate substance use disorder unit within the program based on actual costs attributable to the service or unit. The rate must allocate the cost of all anticipated maintenance, treatment, and expenses including depreciation of buildings and equipment, interest paid on bonds issued for capital improvements for substance use disorder programs, reimbursement and other indirect costs related to the operation of substance use disorder programs other than that paid from the Minnesota state building fund or the bond proceeds fund, and losses due to bad debt. The rate must not include allocations of chaplaincy, patient advocacy, or quality assurance costs that are not required for substance use disorder licensure by the commissioner of human services or certification for chemical dependency by the Joint Commission on Accreditation of Hospitals. Notwithstanding any other law, the executive board shall treat these costs as nonhospital department expenses.
Depreciation collected under subdivision 1 must be credited to the general fund. Principal and interest on the bonded debt collected under subdivision 1 must be deposited in the state bond fund.
The executive board shall credit all receipts from billings for rates set in subdivision 1, except those credited according to subdivision 2, to the behavioral health fund. This money must not be used for an activity in a regional treatment center that is not a substance use disorder service or an allocation of expenditures that are included in the base for computation of the rates under subdivision 1. The executive board may expand substance use disorder services so long as expenditures are recovered by patient fees, transfer of funds, or supplementary appropriations. The executive board may expand or reduce substance use disorder staff complement as long as expenditures are recovered by patient fees, transfer of funds, or supplementary appropriations. Notwithstanding chapters 176 and 268, the executive board shall provide for the self-insurance of regional treatment center substance use disorder programs for the costs of unemployment benefits and workers' compensation claims.
Notwithstanding any law to the contrary, data concerning matters affecting the competitive position of the substance use disorder programs is "trade secret information" for purposes of classification under section 13.37, subdivision 2.
246.65 RATES FOR STATE-OPERATED, COMMUNITY-BASED PROGRAMS.
State-operated, community-based programs that meet the definition of a facility in Minnesota Rules, part 9553.0020, subpart 19, must be reimbursed consistent with Minnesota Rules, parts 9553.0010 to 9553.0080. State-operated, community-based programs that meet the definition of vendor in section 252.41, subdivision 9, must be reimbursed consistent with the rate setting procedures in sections 252.41 to 252.46 and Minnesota Rules, parts 9525.1200 to 9525.1330. This subdivision does not operate to abridge the statutorily created pension rights of state employees or collective bargaining agreements reached pursuant to chapter 179A.
246.712 INFORMATION REQUIRED TO BE GIVEN TO INDIVIDUALS.
(a) Before seeking any consent required by the procedures under sections 246.71 to 246.722, a state-operated treatment program shall inform the patient that the patient's blood-borne pathogen test results, without the patient's name or other uniquely identifying information, shall be reported to the employee if requested and that test results collected under sections 246.71 to 246.722 are for medical purposes as set forth in section 246.718 and may not be used as evidence in any criminal proceedings or civil proceedings, except for procedures under sections 144.4171 to 144.4186.
(b) The state-operated treatment program shall inform the patient of the insurance protections in section 72A.20, subdivision 29.
(c) The state-operated treatment program shall inform the patient that the patient may refuse to provide a blood sample and that the patient's refusal may result in a request for a court order to require the patient to provide a blood sample.
(d) The state-operated treatment program shall inform the patient that the state-operated treatment program will advise the employee of a state-operated treatment program of the confidentiality requirements and penalties before the employee's health care provider discloses any test results.
(a) Before disclosing any information about the patient, the state-operated treatment program shall inform the employee of a state-operated treatment program of the confidentiality requirements of section 246.719 and that the person may be subject to penalties for unauthorized release of test results about the patient under section 246.72.
(b) The state-operated treatment program shall inform the employee of the insurance protections in section 72A.20, subdivision 29.
246.715 TESTING OF AVAILABLE BLOOD.
If a sample of the patient's blood is available, the state-operated treatment program shall ensure that blood is tested for blood-borne pathogens with the consent of the patient, provided the conditions in sections 246.711 and 246.712 are met.
If the patient has provided a blood sample, but does not consent to blood-borne pathogens testing, the state-operated treatment program shall ensure that the blood is tested for blood-borne pathogens if the employee requests the test, provided all of the following criteria are met:
(1) the employee and state-operated treatment program have documented exposure to blood or body fluids during performance of the employee's work duties;
(2) a licensed physician, advanced practice registered nurse, or physician assistant has determined that a significant exposure has occurred under section 246.711 and has documented that blood-borne pathogen test results are needed for beginning, modifying, continuing, or discontinuing medical treatment for the employee as recommended by the most current guidelines of the United States Public Health Service;
(3) the employee provides a blood sample for testing for blood-borne pathogens as soon as feasible;
(4) the state-operated treatment program asks the patient to consent to a test for blood-borne pathogens and the patient does not consent;
(5) the state-operated treatment program has provided the patient and the employee with all of the information required by section 246.712; and
(6) the state-operated treatment program has informed the employee of the confidentiality requirements of section 246.719 and the penalties for unauthorized release of patient information under section 246.72.
The state-operated treatment program shall inform the patient whose blood was tested of the results. The state-operated treatment program shall inform the employee's health care provider of the patient's test results without the patient's name or other uniquely identifying information.
246.717 NO DISCRIMINATION.
A state-operated treatment program shall not withhold care or treatment on the requirement that the patient consent to blood-borne pathogen testing under sections 246.71 to 246.722.
246.714 CONSENT PROCEDURES GENERALLY.
(a) For purposes of sections 246.71 to 246.722, whenever the state-operated treatment program is required to seek consent, the state-operated treatment program shall obtain consent from a patient or a patient's representative consistent with other law applicable to consent.
(b) Consent is not required if the state-operated treatment program has made reasonable efforts to obtain the representative's consent and consent cannot be obtained within 24 hours of a significant exposure.
(c) If testing of available blood occurs without consent because the patient is unconscious or unable to provide consent, and a representative cannot be located, the state-operated treatment program shall provide the information required in section 246.712 to the patient or representative whenever it is possible to do so.
(d) If a patient dies before an opportunity to consent to blood collection or testing under sections 246.71 to 246.722, the state-operated treatment program does not need consent of the patient's representative for purposes of sections 246.71 to 246.722.
252.021 DEFINITION.
For purposes of this chapter, the term defined in this section has the meaning given.
"Executive board" has the meaning given in section 246C.015.
MS 2022 [Repealed, 2024 c 125 art 1 s 48; 2024 c 127 art 46 s 48]
246.71 DEFINITIONS.
For purposes of sections 246.71 to 246.722, the following terms have the meanings given them.
"Blood-borne pathogens" means pathogenic microorganisms that are present in human blood and can cause disease in humans. These pathogens include but are not limited to hepatitis B virus (HBV), hepatitis C virus (HCV), and human immunodeficiency virus (HIV).
"Patient" means any person who is receiving treatment from or committed to a state-operated treatment program, including the Minnesota Sex Offender Program.
"Employee of a state-operated treatment program " or "employee" means an employee of any state-operated treatment program.
"State-operated treatment program" means any state-operated treatment program under the jurisdiction of the executive board, including the Minnesota Sex Offender Program, community behavioral health hospitals, crisis centers, residential facilities, outpatient services, and other community-based services under the executive board's control.
"Significant exposure" means contact likely to transmit a blood-borne pathogen, in a manner supported by the most current guidelines and recommendations of the United States Public Health Service at the time an evaluation takes place, that includes:
(1) percutaneous injury, contact of mucous membrane or nonintact skin, or prolonged contact of intact skin; and
(2) contact, in a manner that may transmit a blood-borne pathogen, with blood, tissue, or potentially infectious body fluids.
246.713 DISCLOSURE OF POSITIVE BLOOD-BORNE PATHOGEN TEST RESULTS.
If the conditions of sections 246.711 and 246.712 are met, the state-operated treatment program shall ask the patient if the patient has ever had a positive test for a blood-borne pathogen. The state-operated treatment program must attempt to get existing test results under this section before taking any steps to obtain a blood sample or to test for blood-borne pathogens. The state-operated treatment program shall disclose the patient's blood-borne pathogen test results to the employee without the patient's name or other uniquely identifying information.
246.711 CONDITIONS FOR APPLICABILITY OF PROCEDURES.
An employee of a state-operated treatment program may request that the procedures of sections 246.71 to 246.722 be followed when the employee may have experienced a significant exposure to a patient.
The state-operated treatment program shall follow the procedures in sections 246.71 to 246.722 when all of the following conditions are met:
(1) a licensed physician, advanced practice registered nurse, or physician assistant determines that a significant exposure has occurred following the protocol under section 246.721;
(2) the licensed physician, advanced practice registered nurse, or physician assistant for the employee needs the patient's blood-borne pathogens test results to begin, continue, modify, or discontinue treatment in accordance with the most current guidelines of the United States Public Health Service, because of possible exposure to a blood-borne pathogen; and
(3) the employee consents to providing a blood sample for testing for a blood-borne pathogen.
246.718 USE OF TEST RESULTS.
Blood-borne pathogen test results of a patient obtained under sections 246.71 to 246.722 are for diagnostic purposes and to determine the need for treatment or medical care specific to a blood-borne pathogen-related illness. The test results may not be used as evidence in any criminal proceedings or civil proceedings, except for procedures under sections 144.4171 to 144.4186.
246.721 PROTOCOL FOR EXPOSURE TO BLOOD-BORNE PATHOGENS.
(a) A state-operated treatment program shall follow applicable Occupational Safety and Health Administration guidelines under Code of Federal Regulations, title 29, part 1910.1030, for blood-borne pathogens.
(b) Every state-operated treatment program shall adopt and follow a postexposure protocol for employees at a state-operated treatment program who have experienced a significant exposure. The postexposure protocol must adhere to the most current recommendations of the United States Public Health Service and include, at a minimum, the following:
(1) a process for employees to report an exposure in a timely fashion;
(2) a process for an infectious disease specialist, or a licensed physician, advanced practice registered nurse, or physician assistant who is knowledgeable about the most current recommendations of the United States Public Health Service in consultation with an infectious disease specialist, (i) to determine whether a significant exposure to one or more blood-borne pathogens has occurred, and (ii) to provide, under the direction of a licensed physician, advanced practice registered nurse, or physician assistant, a recommendation or recommendations for follow-up treatment appropriate to the particular blood-borne pathogen or pathogens for which a significant exposure has been determined;
(3) if there has been a significant exposure, a process to determine whether the patient has a blood-borne pathogen through disclosure of test results, or through blood collection and testing as required by sections 246.71 to 246.722;
(4) a process for providing appropriate counseling prior to and following testing for a blood-borne pathogen regarding the likelihood of blood-borne pathogen transmission and follow-up recommendations according to the most current recommendations of the United States Public Health Service for testing and treatment;
(5) a process for providing appropriate counseling under clause (4) to the employee of a state-operated treatment program and to the patient; and
(6) compliance with applicable state and federal laws relating to data practices, confidentiality, informed consent, and the patient bill of rights.
246.719 TEST INFORMATION CONFIDENTIALITY.
Test results obtained under sections 246.71 to 246.722 are private data as defined in sections 13.02, subdivision 12, and 13.85, subdivision 2, but shall be released as provided by sections 246.71 to 246.722.
246.722 IMMUNITY.
A state-operated treatment program, licensed physician, advanced practice registered nurse, physician assistant, and designated health care personnel are immune from liability in any civil, administrative, or criminal action relating to the disclosure of test results of a patient to an employee of a state-operated treatment program and the testing of a blood sample from the patient for blood-borne pathogens if a good faith effort has been made to comply with sections 246.71 to 246.722.
246.72 PENALTY FOR UNAUTHORIZED RELEASE OF INFORMATION.
Unauthorized release of the patient's name or other uniquely identifying information under sections 246.71 to 246.722 is subject to the remedies and penalties under sections 13.08 and 13.09. This section does not preclude private causes of action against an individual, state agency, statewide system, political subdivision, or person responsible for releasing private data, or confidential or private information on the patient.
252.06 SHERIFF TO TRANSPORT PERSONS.
It shall be the duty of the sheriff of any county, upon the request of the Direct Care and Treatment executive board, to take charge of, transport, and deliver any person who has been committed by the district court of any county to the care and custody of the Direct Care and Treatment executive board to a state-operated services facility as may be designated by the Direct Care and Treatment executive board.