piers109uk/MN-Statutes huggingface dataset:
253B.097 COMMUNITY-BASED TREATMENT.
In addition to the findings required under section 253B.09, subdivision 2, an order committing a person to a community-based treatment program must include:
(1) a written plan for services to the patient;
(2) a finding that the proposed treatment is available and accessible to the patient and that public or private financial resources are available to pay for the proposed treatment;
(3) conditions the patient must meet in order to obtain an early release from commitment or to avoid a hearing for further commitment; and
(4) consequences of the patient's failure to follow the commitment order. Consequences may include commitment to another setting for treatment.
When a court commits a patient with mental illness to a community-based treatment program, the court shall appoint a case manager from the county agency or other entity under contract with the county agency to provide case management services.
The case manager shall report to the court at least once every 90 days. The case manager shall immediately report to the court a substantial failure of the patient or provider to comply with the conditions of the commitment.
An order for community-based treatment may be modified upon agreement of the parties and approval of the court.
The case manager may petition for a reopening of the commitment hearing if a patient or provider fails to comply with the terms of an order for community-based treatment.
No treatment facility, community-based treatment program, or person is financially liable, personally or otherwise, for the patient's actions if the facility or person follows accepted community standards of professional practice in the management, supervision, and treatment of the patient. For purposes of this subdivision, "person" means official, staff, employee of the treatment facility, community-based treatment program, physician, or other individual who is responsible for a patient's management, supervision, or treatment under this section.
253.22 PRISONER ALLOWANCES.
When any prisoner is discharged from the Minnesota Security Hospital, the prisoner must receive the same allowances in money, clothing, and otherwise that the prisoner would have received on remaining at the correctional facility the prisoner came from, and the expenditures on behalf of the prisoner must be made out of the same fund.
While at the hospital, the prisoner must be clothed and supported as are other patients at the facility.
253.23 PRISONER TRANSFER PROCEEDINGS.
When any prisoner is transferred to the Minnesota Security Hospital, the original warrant of commitment to the correctional facility must be sent with the prisoner and returned to the correctional facility upon return or discharge of the prisoner. A certified copy of the warrant of commitment to the correctional facility must be preserved at the correctional facility.
253.24 TERMS OF PRISONER SENTENCE.
A prisoner who is removed from or returned to a correctional facility under sections 253.20 to 253.26 must be held in the place to which the prisoner is removed or returned in accordance with the terms of the prisoner's original sentence unless discharged sooner and the period of removal must be counted as a part of the term of the prisoner's confinement.
253.26 TRANSFERS OF PATIENTS OR RESIDENTS.
The executive board may transfer a committed patient to the Minnesota Security Hospital following a determination that the patient's behavior presents a danger to others and treatment in a secure treatment facility is necessary. The executive board shall establish a written policy creating the transfer criteria.
253B.13 DURATION OF CONTINUED COMMITMENT.
(a) If at the conclusion of a review hearing the court finds that the person continues to have mental illness or chemical dependency and need treatment or supervision, the court shall determine the length of continued commitment. No period of commitment shall exceed this length of time or 12 months, whichever is less.
(b) At the conclusion of the prescribed period under paragraph (a), commitment may not be continued unless a new petition is filed pursuant to section 253B.07 and hearing and determination made on it. If the petition was filed before the end of the previous commitment and, for good cause shown, the court has not completed the hearing and the determination by the end of the commitment period, the court may for good cause extend the previous commitment for up to 14 days to allow the completion of the hearing and the issuance of the determination. The standard of proof for the new petition is the standard specified in section 253B.12, subdivision 4. Notwithstanding the provisions of section 253B.09, subdivision 5, the initial commitment period under the new petition shall be the probable length of commitment necessary or 12 months, whichever is less.
If, at the conclusion of a review hearing the court finds that the person continues to be developmentally disabled, the court shall order commitment of the person for an indeterminate period of time, subject to the reviews required by section 253B.03, subdivisions 5 and 7, and subject to the right of the patient to seek judicial review of continued commitment.
[Repealed, 1997 c 217 art 1 s 118]
253B.14 TRANSFER OF COMMITTED PERSONS.
The executive board may transfer any committed person, other than a person committed as a person who has a mental illness and is dangerous to the public, a sexually dangerous person, or a sexual psychopathic personality, from one state-operated treatment program to any other state-operated treatment program capable of providing proper care and treatment. When a committed person is transferred from one state-operated treatment program to another, written notice shall be given to the committing court, the county attorney, the patient's counsel, and to the person's parent, health care agent, or spouse or, if none is known, to an interested person, and the designated agency.
253B.141 AUTHORITY TO DETAIN AND TRANSPORT A MISSING PATIENT.
(a) If a patient committed under this chapter or detained in a treatment facility or state-operated treatment program under a judicial hold is absent without authorization, and either: (1) does not return voluntarily within 72 hours of the time the unauthorized absence began; or (2) is considered by the head of the facility or program to be a danger to self or others, then the head of the facility or program shall report the absence to the local law enforcement agency. The head of the facility or program shall also notify the committing court that the patient is absent and that the absence has been reported to the local law enforcement agency. The committing court may issue an order directing the law enforcement agency to transport the patient to an appropriate treatment facility, state-operated treatment program, or community-based treatment program.
(b) Upon receiving a report that a patient subject to this section is absent without authorization, the local law enforcement agency shall enter information on the patient into the missing persons file of the National Crime Information Center computer according to the missing persons practices.
(a) Upon receiving the report of absence from the head of the treatment facility, state-operated treatment program, or community-based treatment program or the committing court, a patient may be apprehended and held by a peace officer in any jurisdiction pending return to the facility or program from which the patient is absent without authorization. A patient may also be returned to any state-operated treatment program or any other treatment facility or community-based treatment program willing to accept the person. A person who has a mental illness and is dangerous to the public and detained under this subdivision may be held in a jail or lockup only if:
(1) there is no other feasible place of detention for the patient;
(2) the detention is for less than 24 hours; and
(3) there are protections in place, including segregation of the patient, to ensure the safety of the patient.
(b) If a patient is detained under this subdivision, the head of the facility or program from which the patient is absent shall arrange to pick up the patient within 24 hours of the time detention was begun and shall be responsible for securing transportation for the patient to the facility or program. The expense of detaining and transporting a patient shall be the responsibility of the facility or program from which the patient is absent. The expense of detaining and transporting a patient to a state-operated treatment program shall be paid by the commissioner unless paid by the patient or persons on behalf of the patient.
Immediately after an absent patient is located, the head of the facility or program from which the patient is absent, or the law enforcement agency that located or returned the absent patient, shall notify the law enforcement agency that first received the absent patient report under this section and that agency shall cancel the missing persons entry from the National Crime Information Center computer.
253B.16 DISCHARGE OF COMMITTED PERSONS.
The head of a treatment facility, state-operated treatment program, or community-based treatment program shall discharge any patient admitted as a person who poses a risk of harm due to mental illness, or a person who has a chemical dependency or a developmental disability when the head of the facility or program certifies that the person is no longer in need of care and treatment under commitment or at the conclusion of any period of time specified in the commitment order, whichever occurs first. The head of a facility or program shall discharge any person admitted as a person with a developmental disability when that person's screening team has determined, under section 256B.092, subdivision 8, that the person's needs can be met by services provided in the community and a plan has been developed in consultation with the interdisciplinary team to place the person in the available community services.
Prior to the discharge or provisional discharge of any committed patient, the head of the treatment facility, state-operated treatment program, or community-based treatment program shall notify the designated agency and the patient's spouse or health care agent, or if there is no spouse or health care agent, then an adult child, or if there is none, the next of kin of the patient, of the proposed discharge. The facility or program shall send the notice in writing and shall include the following: (1) the proposed date of discharge or provisional discharge; (2) the date, time and place of the meeting of the staff who have been treating the patient to discuss discharge and discharge planning; (3) the fact that the patient will be present at the meeting; and (4) the fact that the next of kin or health care agent may attend that staff meeting and present any information relevant to the discharge of the patient.
253B.17 PETITIONS; JUDICIAL DETERMINATION.
Any patient, except one committed as a sexually dangerous person or a person with a sexual psychopathic personality or as a person who has a mental illness and is dangerous to the public as provided in section 253B.18, subdivision 3, or any interested person may petition the committing court or the court to which venue has been transferred for an order that the patient is not in need of continued care and treatment under commitment or for an order that an individual is no longer a person who poses a risk of harm due to mental illness, or a person who has a developmental disability or chemical dependency, or for any other relief.
A patient committed as a person who poses a risk of harm due to mental illness, a person who has a mental illness and is dangerous to the public, a sexually dangerous person, or a person with a sexual psychopathic personality may petition the committing court or the court to which venue has been transferred for a hearing concerning the administration of neuroleptic medication.
Upon the filing of the petition, the court shall fix the time and place for the hearing on it. Ten days' notice of the hearing shall be given to the county attorney, the patient, patient's counsel, the person who filed the initial commitment petition, the head of the facility or program to which the person is committed, and other persons as the court directs. Any person may oppose the petition.
The court shall appoint a court examiner and, at the patient's request, shall appoint a second court examiner of the patient's choosing to be paid for by the county at a rate of compensation to be fixed by the court. Unless otherwise agreed by the parties, a court examiner shall file a report with the court not less than 48 hours prior to the hearing under this section.
The patient, patient's counsel, the petitioner, and the county attorney shall be entitled to be present at the hearing and to present and cross-examine witnesses, including court examiners. The court may hear any relevant testimony and evidence offered at the hearing.
Upon completion of the hearing, the court shall enter an order stating its findings and decision and mail the order to the head of the treatment facility, state-operated treatment program, or community-based treatment program.
253B.21 COMMITMENT TO AN AGENCY OF THE UNITED STATES.
If the patient is entitled to care by any agency of the United States in this state, the commitment warrant shall be in triplicate, committing the patient to the joint custody of the head of the treatment facility, state-operated treatment program, or community-based treatment program and the federal agency. If the federal agency is unable or unwilling to receive the patient at the time of commitment, the patient may subsequently be transferred to it upon its request.
Any person, when admitted to an institution of a federal agency within or without this state, shall be subject to the rules and regulations of the federal agency, except that nothing in this section shall deprive any person of rights secured to patients of state-operated treatment programs, treatment facilities, and community-based treatment programs by this chapter.
The chief officer of any treatment facility operated by a federal agency to which any person is admitted shall have the same powers as the heads of state-operated treatment programs within this state with respect to admission, retention of custody, transfer, parole, or discharge of the committed person.
The judgment or order of commitment by a court of competent jurisdiction of another state committing a person to a federal agency for care or treatment in this state, shall have the same force and effect as to the committed person while in this state as in the jurisdiction in which is situated the court entering the judgment or making the order. The committing state consents to the authority of the chief officer of any treatment facility of a federal agency in this state, to retain custody of, transfer, parole, or discharge the committed person.
[Repealed, 1997 c 217 art 1 s 118]
253B.22 REVIEW BOARDS.
The executive board shall establish a review board of three or more persons for the Anoka-Metro Regional Treatment Center, Minnesota Security Hospital, and Minnesota Sex Offender Program to review the admission and retention of patients of that program receiving services under this chapter. One member shall be qualified in the diagnosis of mental illness, developmental disability, or chemical dependency, and one member shall be an attorney. The executive board may, upon written request from the appropriate federal authority, establish a review panel for any federal treatment facility within the state to review the admission and retention of patients hospitalized under this chapter. For any review board established for a federal treatment facility, one of the persons appointed by the executive board shall be the commissioner of veterans affairs or the designee of the commissioner of veterans affairs.
Each program specified in subdivision 1 shall be visited by the review board at least once every six months. Upon request each patient in the program shall have the right to appear before the review board during the visit.
The head of each program specified in subdivision 1 shall notify each patient at the time of admission by a simple written statement of the patient's right to appear before the review board and the next date when the review board will visit that program. A request to appear before the review board need not be in writing. Any employee of the program receiving a patient's request to appear before the review board shall notify the head of the program of the request.
The review board shall review the admission and retention of patients at the program. The review board may examine the records of all patients admitted and may examine personally at its own instigation all patients who from the records or otherwise appear to justify reasonable doubt as to continued need of confinement in the program. The review board shall report its findings to the executive board and to the head of the program. The review board may also receive reports from patients, interested persons, and employees of the program, and investigate conditions affecting the care of patients.
Each member of the review board shall receive compensation and reimbursement as established by the executive board.
253D.04 REVIEW BOARD.
The executive board shall establish a review board under section 253B.22 for facilities of the Minnesota Sex Offender Program.
253B.24 TRANSMITTAL OF DATA TO NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM.
When a court:
(1) commits a person under this chapter due to mental illness, developmental disability, or chemical dependency, or as a person who has a mental illness and is dangerous to the public;
(2) determines in a criminal case that a person is incompetent to stand trial or not guilty by reason of mental illness; or
(3) restores a person's ability to possess a firearm under section 609.165, subdivision 1d, or 624.713, subdivision 4,
the court shall ensure that this information is electronically transmitted within three business days to the National Instant Criminal Background Check System.
253D.01 CITATION.
This chapter may be cited as the "Minnesota Commitment and Treatment Act: Sexually Dangerous Persons and Sexual Psychopathic Personalities."
254A.02 DEFINITIONS.
For the purposes of chapter 254A, unless the context clearly indicates otherwise, the terms defined in this section have the meanings given them.
"Approved treatment program" means care and treatment services provided by any individual, organization or association to persons with a substance use disorder, which meets the standards established by the commissioner of human services.
"Comprehensive program" means the range of services which are to be made available for the purpose of prevention, care and treatment of substance misuse and substance use disorder.
[Repealed, 1Sp2017 c 6 art 8 s 77]
"Drug dependent person" means any person incapable of self-management or management of personal affairs or unable to function physically or mentally in an effective manner because of the abuse of a drug, including alcohol.
"Facility" means any treatment facility administered under an approved treatment program.
"Substance misuse" means the use of any psychoactive or mood-altering substance, without compelling medical reason, in a manner that results in mental, emotional, or physical impairment and causes socially dysfunctional or socially disordering behavior and that results in psychological dependence or physiological addiction as a function of continued use. Substance misuse has the same meaning as drug abuse or abuse of drugs.
[Repealed, 2007 c 147 art 11 s 27]
"Other drugs" means any psychoactive substance other than alcohol.
MS 2022 [Repealed, 2023 c 50 art 2 s 63]
[Repealed, 2007 c 147 art 11 s 27]
"State authority" is a division established within the Department of Human Services for the purpose of relating the authority of state government in the area of substance misuse and substance use disorder to the substance misuse and substance use disorder-related activities within the state.
"Substance use disorder" has the meaning given in the current Diagnostic and Statistical Manual of Mental Disorders.
"American Indian" means a person who is a member of an Indian tribe. The commissioner shall use the definitions of "Indian" and "Indian tribe" and "Indian organization" provided in United States Code, title 25, section 450(b), as amended through December 31, 1992.
[Repealed, 2007 c 147 art 11 s 27]
"Commissioner" means the commissioner of human services.
[Repealed, 2007 c 147 art 11 s 27]
[Repealed, 2007 c 147 art 11 s 27]
[Repealed, 2007 c 147 art 11 s 27]
"Purchase of service agreement" means a contract between a contractor and service provider for the provision of services. The agreement shall specify the services to be provided, the method of delivery, the type of staff to be employed, and a method of evaluation of the services to be provided.
253D.03 GENERAL PROVISIONS.
The provisions of section 253B.23 apply to commitments under this chapter except where inconsistent with this chapter.
254A.01 PUBLIC POLICY.
It is hereby declared to be the public policy of this state that scientific evidence shows that addiction to alcohol or other drugs is a chronic brain disorder with potential for recurrence, and as with many other chronic conditions, people with substance use disorders can be effectively treated and can enter recovery. The interests of society are best served by reducing the stigma of substance use disorder and providing persons who are dependent upon alcohol or other drugs with a comprehensive range of rehabilitative and social services that span intensity levels and are not restricted to a particular point in time. Further, it is declared that treatment under these services shall be voluntary when possible: treatment shall not be denied on the basis of prior treatment; treatment shall be based on an individual treatment plan for each person undergoing treatment; treatment shall include a continuum of services available for a person leaving a program of treatment; treatment shall include all family members at the earliest possible phase of the treatment process.
253D.07 PROCEEDINGS.
Before commitment proceedings are instituted, the facts shall first be submitted to the county attorney, who, if satisfied that good cause exists, will prepare the petition. The county attorney may request a prepetition screening report. The petition is to be executed by a person having knowledge of the facts and filed with the district court of the county of financial responsibility, as defined in section 253B.02, subdivision 4c, or the county where the respondent is present. If the respondent is in the custody of the commissioner of corrections, the petition may be filed in the county where the conviction for which the person is incarcerated was entered.
Upon the filing of a petition alleging that a proposed respondent is a sexually dangerous person or a person with a sexual psychopathic personality, all of the applicable procedures contained in sections 253B.07 and 253B.08 apply to the commitment proceeding.
If the court finds by clear and convincing evidence that the respondent is a sexually dangerous person or a person with a sexual psychopathic personality, the court shall commit the person to a secure treatment facility unless the person establishes by clear and convincing evidence that a less restrictive treatment program is available, is willing to accept the respondent under commitment, and is consistent with the person's treatment needs and the requirements of public safety.
After a determination that a respondent is a sexually dangerous person or a person with a sexual psychopathic personality, the court shall order commitment for an indeterminate period of time and the committed person shall be transferred, provisionally discharged, or discharged, only as provided in this chapter.
The existence in any person of a condition of a sexual psychopathic personality or the fact that a person is a sexually dangerous person shall not in any case constitute a defense to a charge of crime, nor relieve such person from liability to be tried upon a criminal charge.
254A.031 AMERICAN INDIAN PROGRAMS.
The commissioner shall enter into one or more purchase of service agreements to provide programs for American Indians. The agreements shall provide for residential and aftercare treatment programs, programs relating to prevention, education, and community awareness, and training programs. All programs shall be designed to meet the needs identified by the American Indian community, and appropriate recognition shall be given to the cultural and social needs of American Indians. The commissioner shall enter into the agreements after consultation with the special assistant for American Indian programs of the Alcohol and Drug Abuse Section of the Department of Human Services, and all agreements shall be reviewed pursuant to section 254A.03.
253D.08 COUNTY ATTORNEY ACCESS TO DATA.
Notwithstanding sections 144.291 to 144.298; 245.467, subdivision 6; 245.4876, subdivision 7; 260B.171; 260B.235, subdivision 8; 260C.171; and 609.749, subdivision 6, or any provision of chapter 13 or other state law, prior to filing a petition for commitment of a sexually dangerous person or a person with a sexual psychopathic personality, and upon notice to the proposed committed person, the county attorney or the county attorney's designee may move the court for an order granting access to any records or data, to the extent it relates to the proposed committed person, for the purpose of determining whether good cause exists to file a petition and, if a petition is filed, to support the allegations set forth in the petition.
The court may grant the motion if: (1) the Department of Corrections refers the case for commitment of a sexually dangerous person or a person with a sexual psychopathic personality; or (2) upon a showing that the requested category of data or records may be relevant to the determination by the county attorney or designee. The court shall decide a motion under this section within 48 hours after a hearing on the motion. Notice to the proposed committed person need not be given upon a showing that such notice may result in harm or harassment of interested persons or potential witnesses.
Notwithstanding any provision of chapter 13 or other state law, a county attorney considering the civil commitment of a person under this chapter may obtain records and data from the Department of Corrections or any probation or parole agency in this state upon request, without a court order, for the purpose of determining whether good cause exists to file a petition and, if a petition is filed, to support the allegations set forth in the petition. At the time of the request for the records, the county attorney shall provide notice of the request to the person who is the subject of the records.
Data collected pursuant to this section shall retain their original status and, if not public, are inadmissible in any court proceeding unrelated to civil commitment, unless otherwise permitted.
254B.02 SUBSTANCE USE DISORDER ALLOCATION PROCESS.
The substance use disorder treatment appropriation shall be placed in a special revenue account. The money in the special revenue account must be used according to the requirements in this chapter.
[Repealed, 1Sp2010 c 1 art 19 s 24]
[Repealed, 1Sp2010 c 1 art 19 s 24]
[Repealed, 1Sp2010 c 1 art 19 s 24]
The commissioner may make payments to local agencies from money allocated under this section to support individuals with substance use disorders. The payment must not be less than 133 percent of the local agency payment for the fiscal year ending June 30, 2009, adjusted in proportion to the statewide change in the appropriation for this chapter.
254A.035 AMERICAN INDIAN ADVISORY COUNCIL.
There is created an American Indian Advisory Council to assist the state authority on substance misuse and substance use disorder in proposal review and formulating policies and procedures relating to substance misuse and substance use disorder by American Indians.
The membership of this council shall be composed of 17 persons who are American Indians and who are appointed by the commissioner. The commissioner shall appoint one representative from each of the following groups: Red Lake Band of Chippewa Indians; Fond du Lac Band, Minnesota Chippewa Tribe; Grand Portage Band, Minnesota Chippewa Tribe; Leech Lake Band, Minnesota Chippewa Tribe; Mille Lacs Band, Minnesota Chippewa Tribe; Bois Forte Band, Minnesota Chippewa Tribe; White Earth Band, Minnesota Chippewa Tribe; Lower Sioux Indian Reservation; Prairie Island Sioux Indian Reservation; Shakopee Mdewakanton Sioux Indian Reservation; Upper Sioux Indian Reservation; International Falls Northern Range; Duluth Urban Indian Community; and two representatives from the Minneapolis Urban Indian Community and two from the St. Paul Urban Indian Community. The terms, compensation, and removal of American Indian Advisory Council members shall be as provided in section 15.059.
253D.09 PETITION REQUIRED.
(a) Within 120 days of receipt of a preliminary determination from a court under section 609.1351, or a referral from the commissioner of corrections pursuant to section 244.05, subdivision 7, a county attorney shall determine whether good cause under section 253D.07 exists to file a petition, and if good cause exists, the county attorney or designee shall file the petition with the court.
(b) Failure to meet the requirements of paragraph (a) does not bar filing a petition under section 253D.07, subdivision 2, any time the county attorney determines pursuant to section 253D.07 that good cause for such a petition exists.
254B.051 SUBSTANCE USE DISORDER TREATMENT EFFECTIVENESS.
In addition to the substance use disorder treatment program performance outcome measures that the commissioner of human services collects annually from treatment providers, the commissioner shall request additional data from programs that receive appropriations from the behavioral health fund. This data shall include number of client readmissions six months after release from inpatient treatment, and the cost of treatment per person for each program receiving behavioral health funds. The commissioner may post this data on the department website.
254B.052 PEER RECOVERY SUPPORT SERVICES REQUIREMENTS.
(a) Peer recovery support services are face-to-face interactions between a recovery peer and a client, on a one-on-one basis, in which specific goals identified in an individual recovery plan, treatment plan, or stabilization plan are discussed and addressed. Peer recovery support services are provided to promote a client's recovery goals, self-sufficiency, self-advocacy, and development of natural supports and to support maintenance of a client's recovery.
(b) Peer recovery support services must be provided according to an individual recovery plan if provided by a recovery community organization or county, a treatment plan if provided in a substance use disorder treatment program under chapter 245G, or a stabilization plan if provided by a withdrawal management program under chapter 245F.
(c) A client receiving peer recovery support services must participate in the services voluntarily. Any program that incorporates peer recovery support services must provide written notice to the client that peer recovery support services will be provided.
(d) Peer recovery support services may not be provided to a client residing with or employed by a recovery peer from whom they receive services.
(a) The individual recovery plan must be developed with the client and must be completed within the first three sessions with a recovery peer.
(b) The recovery peer must document how each session ties into the client's individual recovery plan. The individual recovery plan must be updated as needed. The individual recovery plan must include:
(1) the client's name;
(2) the recovery peer's name;
(3) the name of the recovery peer's supervisor;
(4) the client's recovery goals;
(5) the client's resources and assets to support recovery;
(6) activities that may support meeting identified goals; and
(7) the planned frequency of peer recovery support services sessions between the recovery peer and the client.
An eligible vendor of peer recovery support services under section 254B.05, subdivision 1, must keep a secure file for each individual receiving medical assistance peer recovery support services. The file must include, at a minimum:
(1) the client's comprehensive assessment under section 245G.05 that led to the client's referral for peer recovery support services;
(2) the client's individual recovery plan; and
(3) documentation of each billed peer recovery support services interaction between the client and the recovery peer, including the date, start and end time with a.m. and p.m. designations, the client's response, and the name of the recovery peer who provided the service.
253D.11 STATEWIDE JUDICIAL PANEL.
The supreme court may establish a panel of district judges with statewide authority to preside over commitment proceedings of sexually dangerous persons or persons with sexual psychopathic personalities. Only one judge of the panel is required to preside over a particular commitment proceeding. Panel members shall serve for one-year terms. One of the judges shall be designated as the chief judge of the panel, and is vested with the power to designate the presiding judge in a particular case, to set the proper venue for the proceedings, and to otherwise supervise and direct the operation of the panel. The chief judge shall designate one of the other judges to act as chief judge whenever the chief judge is unable to act.
If the supreme court creates the judicial panel authorized by this section, all petitions for civil commitment of sexually dangerous persons or persons with sexual psychopathic personalities brought under section 253D.07 shall be filed with the supreme court instead of with the district court in the county where the proposed patient is present, notwithstanding any provision of section 253D.07 to the contrary. Otherwise, all of the other applicable procedures contained in this chapter and sections 253B.07 and 253B.08 apply to commitment proceedings conducted by a judge on the panel.
253D.12 FINANCIAL RESPONSIBILITY.
For purposes of this section, "state facility" has the meaning given in section 246.50 and also includes a Department of Corrections facility when the respondent is confined in such a facility pursuant to section 253D.10, subdivision 2.
Notwithstanding sections 246.54, 253D.10, and any other law to the contrary, when a petition is filed for commitment under this chapter pursuant to the notice required in section 244.05, subdivision 7, the state and county are each responsible for 50 percent of the cost of the person's confinement at a state facility or county jail, prior to commitment.
The county shall submit an invoice to the state court administrator for reimbursement of the state's share of the cost of confinement.
Notwithstanding subdivision 2, the state's responsibility for reimbursement is limited to the amount appropriated for this purpose.
254B.06 REIMBURSEMENT; PAYMENT; DENIAL.
The commissioner is responsible for all collections from persons determined to be partially responsible for the cost of care of an eligible person receiving services under Laws 1986, chapter 394, sections 8 to 20. The commissioner may initiate, or request the attorney general to initiate, necessary civil action to recover the unpaid cost of care. The commissioner may collect all third-party payments for substance use disorder services provided under Laws 1986, chapter 394, sections 8 to 20, including private insurance and federal Medicaid and Medicare financial participation. The remaining receipts must be deposited in the behavioral health fund.
The commissioner shall allocate 77.05 percent of patient payments and third-party payments to the special revenue account and 22.95 percent to the county financially responsible for the patient.
The commissioner shall pay eligible vendors for placements made by local agencies under section 254B.03, subdivision 1, and placements by tribal designated agencies according to section 254B.09. The commissioner may reduce or deny payment of the state share when services are not provided according to the placement criteria established by the commissioner. The commissioner may pay for all or a portion of improper county substance use disorder placements and bill the county for the entire payment made when the placement did not comply with criteria established by the commissioner. The commissioner may make payments to vendors and charge the county 100 percent of the payments if documentation of a county approved placement is received more than 30 working days, exclusive of weekends and holidays, after the date services began. The commissioner shall not pay vendors until private insurance company claims have been settled.
The commissioner shall not deny reimbursement to a program designated as an institution for mental diseases under United States Code, title 42, section 1396d, due to a reduction in federal financial participation and the addition of new residential beds.
256.011 ADMINISTRATION OF FEDERAL GRANTS-IN-AID.
If, when and during such time as grants-in-aid are provided by the federal government for relief of the poor and accepted by this state, such aid shall be administered pursuant to and in accordance with rules promulgated and adopted by the commissioner of human services; and during such time any provision of Minnesota Statutes 1945, chapter 261, as amended by Laws 1947, chapter 546, of Minnesota Statutes 1945, chapter 262, and of Minnesota Statutes 1945, chapter 263, in conflict with such rules shall be and remain, to the extent of such conflict, inoperative and suspended.
Grants-in-aid received from the federal government for any welfare, assistance or relief program or for administration under the jurisdiction of the commissioner of human services shall, in the first instance, be credited to a federal grant fund and shall be transferred therefrom to the credit of the commissioner of human services in the appropriate account upon certification of the commissioner of human services that the amounts so requested to be transferred have been earned or are required for the purposes and programs intended. Moneys received by the federal grant fund need not be budgeted as such, provided transfers from the fund are budgeted for allotment purposes in the appropriate appropriations.
The commissioner of human services shall negotiate with the federal government, or any agency, bureau, or department thereof, for the purpose of securing or obtaining any grants or aids. Any grants or aids thus secured or received are appropriated to the commissioner of human services and made available for the uses and purposes for which they were received but shall be used to reduce the direct appropriations provided by law unless federal law prohibits such action or unless the commissioner of human services obtains approval of the governor who shall seek the advice of the Legislative Advisory Commission.
254B.07 THIRD-PARTY LIABILITY.
The state agency provision and payment of, or liability for, substance use disorder medical care is the same as in section 256B.042.
253D.13 PROCEDURES UPON COMMITMENT.
Upon commitment under this chapter, admission procedures shall be carried out under section 253B.10.
254A.08 DETOXIFICATION CENTERS.
Every county board shall provide detoxification services for any person incapable of self-management or management of personal affairs or unable to function physically or mentally in an effective manner because of the use of a drug, including alcohol. The board may utilize existing treatment programs and other agencies to meet this responsibility.
For the purpose of this section, a detoxification program means a social rehabilitation program licensed by the Department of Human Services under chapter 245A, and governed by the standards of Minnesota Rules, parts 9530.6510 to 9530.6590, and established for the purpose of facilitating access into care and treatment by detoxifying and evaluating the person and providing entrance into a comprehensive program. Evaluation of the person shall include verification by a professional, after preliminary examination, that the person is intoxicated or has symptoms of substance misuse or substance use disorder and appears to be in imminent danger of harming self or others. A detoxification program shall have available the services of a licensed physician, advanced practice registered nurse, or physician assistant for medical emergencies and routine medical surveillance. A detoxification program licensed by the Department of Human Services to serve both adults and minors at the same site must provide for separate sleeping areas for adults and minors.
[Repealed, 1979 c 324 s 50]
254B.08 FEDERAL WAIVERS.
The commissioner shall apply for any federal waivers necessary to secure, to the extent allowed by law, federal financial participation for the provision of services to persons who need substance use disorder services. The commissioner may seek amendments to the waivers or apply for additional waivers to contain costs. The commissioner shall ensure that payment for the cost of providing substance use disorder services under the federal waiver plan does not exceed the cost of substance use disorder services that would have been provided without the waivered services.
256.012 MINNESOTA MERIT SYSTEM.
The commissioner of human services shall promulgate by rule personnel standards on a merit basis in accordance with federal standards for a merit system of personnel administration for all employees of county boards engaged in the administration of community social services or income maintenance programs, all employees of human services boards that have adopted the rules of the Minnesota Merit System, and all employees of local social services agencies.
Excluded from the rules are employees of institutions and hospitals under the jurisdiction of the aforementioned boards and agencies; employees of county personnel systems otherwise provided for by law that meet federal merit system requirements; duly appointed or elected members of the aforementioned boards and agencies; and the director of community social services and employees in positions that, upon the request of the appointing authority, the commissioner chooses to exempt, provided the exemption accords with the federal standards for a merit system of personnel administration.
(a) The cost of merit system operations shall be paid by counties and other entities that utilize merit system services. Total costs shall be determined by the commissioner annually and must be set at a level that neither significantly overrecovers nor underrecovers the costs of providing the service. The costs of merit system services shall be prorated among participating counties in accordance with an agreement between the commissioner and these counties. Participating counties will be billed quarterly in advance and shall pay their share of the costs upon receipt of the billing.
(b) This subdivision does not apply to counties with personnel systems otherwise provided by law that meet federal merit system requirements. A county that applies to withdraw from the merit system must notify the commissioner of the county's intent to develop its own personnel system. This notice must be provided in writing by December 31 of the year preceding the year of final participation in the merit system. The county may withdraw after the commissioner has certified that its personnel system meets federal merit system requirements.
(c) A county merit system operations account is established in the special revenue fund. Payments received by the commissioner for merit system costs must be deposited in the merit system operations account and must be used for the purpose of providing the services and administering the merit system.
The commissioner shall ensure that participating counties are consulted regularly and offered the opportunity to provide input on the management of the merit system to ensure effective use of resources and to monitor system performance.
The commissioner must consult with the commissioner of children, youth, and families on the administration of the merit system, including on the requirements in this section.
254B.09 INDIAN RESERVATION ALLOCATION OF BEHAVIORAL HEALTH FUND.
The commissioner shall pay eligible vendors for substance use disorder services to American Indians on the same basis as other payments, except that no local match is required when an invoice is submitted by the governing authority of a federally recognized American Indian tribal body or a county if the tribal governing body has not entered into an agreement under subdivision 2 on behalf of a current resident of the reservation under this section.
The commissioner may enter into agreements with federally recognized tribal units to pay for substance use disorder treatment services provided under Laws 1986, chapter 394, sections 8 to 20. The agreements must clarify how the governing body of the tribal unit fulfills local agency responsibilities regarding the form and manner of invoicing.
[Repealed, 1989 c 282 art 2 s 219]
[Repealed, 1Sp2010 c 1 art 19 s 24]
[Repealed, 1Sp2010 c 1 art 19 s 24]
After entering into an agreement under subdivision 2, the governing authority of each reservation may submit invoices to the state for the cost of providing substance use disorder services to residents of the reservation according to the placement rules governing county placements, except that local match requirements are waived. The governing body may designate an agency to act on its behalf to provide placement services and manage invoices by written notice to the commissioner and evidence of agreement by the agency designated.
[Repealed, 1Sp2010 c 1 art 19 s 24]
The commissioner may set rates for substance use disorder services to American Indians according to the American Indian Health Improvement Act, Public Law 94-437, for eligible vendors. These rates shall supersede rates set in county purchase of service agreements when payments are made on behalf of clients eligible according to Public Law 94-437.
253D.17 RIGHTS OF COMMITTED PERSONS; GENERALLY.
Persons committed under this chapter have the rights described in section 253B.03, except as limited under section 253D.19.
268.001 CITATION; MINNESOTA UNEMPLOYMENT INSURANCE LAW.
This chapter will be known and may be cited as the "Minnesota Unemployment Insurance Law."
256C.01 POSITION OF THE STATE WITH REGARD TO PEOPLE WHO ARE BLIND AND PEOPLE WITH A DISABILITY.
The state of Minnesota shall encourage and enable people who are blind, or people with a visual or physical disability to participate fully in the social and economic life of the state and to engage in remunerative employment. People who are blind, or people with a visual or physical disability shall be employed by the state, its political subdivisions, the public schools, and in all other employment supported in whole or in part by public funds on the same terms and conditions as the able-bodied, unless it is shown that the particular disability prevents the performance of the work involved.
256B.01 POLICY.
Medical assistance for needy persons whose resources are not adequate to meet the cost of such care is hereby declared to be a matter of state concern. To provide such care, a statewide program of medical assistance, with free choice of vendor, is hereby established.