reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245E — Child Care Assistance Program Fraud Investigations › Section 245E.01 — Definitions.

245E.01 DEFINITIONS.
Subdivision 1.
Application.
For purposes of this chapter, the terms defined in this section have the meanings given them.
Subd. 2.
Applicant.
"Applicant" has the meaning given in section 119B.011, subdivision 2.
Subd. 3.
Child care assistance program.
"Child care assistance program" means any of the assistance programs under chapter 119B.
Subd. 4.
Commissioner.
"Commissioner" means the commissioner of human services.
Subd. 5.
Controlling individual.
"Controlling individual" has the meaning given in section 245A.02, subdivision 5a.
Subd. 6.
County.
"County" means a local county child care assistance program staff or subcontracted staff, or a county investigator acting on behalf of the commissioner.
Subd. 7.
Department.
"Department" means the Department of Human Services.
Subd. 8.
Financial misconduct or misconduct.
"Financial misconduct" or "misconduct" means an entity's or individual's acts or omissions that result in fraud and abuse or error against the Department of Human Services. Financial misconduct includes acting as a recruiter offering conditional employment on behalf of a provider that has received funds from the child care assistance program.
Subd. 9.
Identify.
"Identify" means to furnish the full name, current or last known address, phone number, and email address of the individual or business entity.
Subd. 10.
License holder.
"License holder" has the meaning given in section 245A.02, subdivision 9.
Subd. 11.
Mail.
"Mail" means the use of any mail service with proof of delivery and receipt.
Subd. 12.
Provider.
"Provider" means either a provider as defined in section 119B.011, subdivision 19, or a legal unlicensed provider as defined in section 119B.011, subdivision 16.
Subd. 13.
Recipient.
"Recipient" means a family receiving assistance as defined under section 119B.011, subdivision 13.
Subd. 13a.
Recruiter offering conditional employment.
"Recruiter offering conditional employment" means a child care provider, center owner, director, manager, license holder, or other controlling individual or agent who, for pecuniary gain, directly procures or solicits an applicant or a prospective employee and requires as a condition of employment that the applicant or prospective employee has one or more children who are eligible for or receive child care assistance.
Subd. 14.
Terminate.
"Terminate" means revocation of participation in the child care assistance program.
History:
2013 c 108 art 5 s 5; 2015 c 78 art 4 s 42,43
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245E — Child Care Assistance Program Fraud Investigations › Section 245E.04 — Honest And Truthful Statements.

245E.04 HONEST AND TRUTHFUL STATEMENTS.
It shall be unlawful for a provider, license holder, controlling individual, or recipient to:
(1) falsify, conceal, or cover up by any trick, scheme, or device a material fact;
(2) make any materially false, fictitious, or fraudulent statement or representation; or
(3) make or use any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry related to any child care assistance program services that the provider, license holder, or controlling individual supplies or in relation to any child care assistance payments received by a provider, license holder, or controlling individual or to any fraud investigator or law enforcement officer conducting a financial misconduct investigation.
History:
2013 c 108 art 5 s 5
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245E — Child Care Assistance Program Fraud Investigations › Section 245E.06 — Administrative Sanctions.

245E.06 ADMINISTRATIVE SANCTIONS.
Subdivision 1.
Factors regarding imposition of administrative sanctions.
(a) The department shall consider the following factors in determining the administrative sanctions to be imposed:
(1) nature and extent of financial misconduct;
(2) history of financial misconduct;
(3) actions taken or recommended by other state agencies, other divisions of the department, and court and administrative decisions;
(4) prior imposition of sanctions;
(5) size and type of provider;
(6) information obtained through an investigation from any source;
(7) convictions or pending criminal charges; and
(8) any other information relevant to the acts or omissions related to the financial misconduct.
(b) Any single factor under paragraph (a) may be determinative of the department's decision of whether and what sanctions are imposed.
Subd. 2.
MS 2020 [Repealed, 1Sp2019 c 9 art 1 s 43]
Subd. 3.
Appeal of department action.
A provider's rights related to the department's action taken under this chapter against a provider are established in sections 119B.16, 119B.161, 119B.162, and 245.095.
Subd. 4.
MS 2020 [Repealed, 1Sp2019 c 9 art 1 s 43]
Subd. 5.
MS 2020 [Repealed, 1Sp2019 c 9 art 1 s 43]
History:
2013 c 108 art 5 s 5; 2015 c 78 art 4 s 47,48; 1Sp2019 c 9 art 1 s 18, 43; 2023 c 70 art 8 s 37
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245E — Child Care Assistance Program Fraud Investigations › Section 245E.07 — Monetary Recovery.

245E.07 MONETARY RECOVERY.
Subdivision 1.
Grounds for and methods of monetary recovery.
(a) The department may obtain monetary recovery from a provider who has been improperly paid by the child care assistance program, regardless of whether the error was intentional. Overpayments designated solely as agency error, and not the result of acts or omissions on the part of a provider or recipient, must not be established or collected. The department does not need to establish a pattern as a precondition of monetary recovery of erroneous or false billing claims, duplicate billing claims, or billing claims based on false statements or financial misconduct.
(b) The department shall obtain monetary recovery from providers by the following means:
(1) permitting voluntary repayment of money, either in lump-sum payment or installment payments;
(2) using any legal collection process;
(3) deducting or withholding program payments; or
(4) utilizing the means set forth in chapter 16D.
Subd. 2.
Monetary recovery; random sample extrapolation.
The department is authorized to calculate the amount of monetary recovery from a provider, license holder, or controlling individual based upon extrapolation from a statistical random sample of claims submitted by the provider, license holder, or controlling individual and paid by the child care assistance program. The department's random sample extrapolation shall constitute a rebuttable presumption of the accuracy of the calculation of monetary recovery. If the presumption is not rebutted by the provider, license holder, or controlling individual in the appeal process, the department shall use the extrapolation as the monetary recovery figure. The department may use sampling and extrapolation to calculate the amount of monetary recovery if the claims to be reviewed represent services to 50 or more children in care.
Subd. 3.
[Repealed, 2015 c 78 art 4 s 62]
History:
2013 c 108 art 5 s 5; 1Sp2021 c 7 art 8 s 10
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245E — Child Care Assistance Program Fraud Investigations › Section 245E.08 — Reporting Of Suspected Fraudulent Activity.

245E.08 REPORTING OF SUSPECTED FRAUDULENT ACTIVITY.
(a) A person who, in good faith, makes a report of or testifies in any action or proceeding in which financial misconduct is alleged, and who is not involved in, has not participated in, or has not aided and abetted, conspired, or colluded in the financial misconduct, shall have immunity from any liability, civil or criminal, that results by reason of the person's report or testimony. For the purpose of any proceeding, the good faith of any person reporting or testifying under this provision shall be presumed.
(b) If a person that is or has been involved in, participated in, aided and abetted, conspired, or colluded in the financial misconduct reports the financial misconduct, the department may consider that person's report and assistance in investigating the misconduct as a mitigating factor in the department's pursuit of civil, criminal, or administrative remedies.
History:
2013 c 108 art 5 s 5
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245E — Child Care Assistance Program Fraud Investigations › Section 245E.09 — Data Privacy.

245E.09 DATA PRIVACY.
Data of any kind obtained or created in relation to a provider or recipient investigation under this chapter is defined, classified, and protected the same as all other data under section 13.46, and this data has the same classification as licensing data.
History:
2013 c 108 art 5 s 5
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245F — Withdrawal Management Programs › Section 245F.01 — Purpose.

245F.01 PURPOSE.
It is hereby declared to be the public policy of this state that the public interest is best served by providing efficient and effective withdrawal management services to persons in need of appropriate detoxification, assessment, intervention, and referral services. The services shall vary to address the unique medical needs of each patient and shall be responsive to the language and cultural needs of each patient. Services shall not be denied on the basis of a patient's inability to pay.
History:
2015 c 71 art 3 s 1
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245F — Withdrawal Management Programs › Section 245F.03 — Application.

245F.03 APPLICATION.
(a) This chapter establishes minimum standards for withdrawal management programs licensed by the commissioner that serve one or more unrelated persons.
(b) This chapter does not apply to a withdrawal management program licensed as a hospital under sections 144.50 to 144.581. A withdrawal management program located in a hospital licensed under sections 144.50 to 144.581 that chooses to be licensed under this chapter is deemed to be in compliance with section 245F.13.
(c) Minnesota Rules, parts 9530.6600 to 9530.6655, do not apply to withdrawal management programs licensed under this chapter.
History:
2015 c 71 art 3 s 3; 2020 c 74 art 3 s 1
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245F — Withdrawal Management Programs › Section 245F.04 — Program Licensure.

245F.04 PROGRAM LICENSURE.
Subdivision 1.
General application and license requirements.
An applicant for licensure as a clinically managed withdrawal management program or medically monitored withdrawal management program must meet the following requirements, except where otherwise noted. All programs must comply with federal requirements and the general requirements in sections 626.557 and 626.5572 and chapters 245A, 245C, and 260E. A withdrawal management program must be located in a hospital licensed under sections 144.50 to 144.581, or must be a supervised living facility with a class A or B license from the Department of Health under Minnesota Rules, parts 4665.0100 to 4665.9900.
Subd. 2.
Contents of application.
Prior to the issuance of a license, an applicant must submit, on forms provided by the commissioner, documentation demonstrating the following:
(1) compliance with this section;
(2) compliance with applicable building, fire, and safety codes; health rules; zoning ordinances; and other applicable rules and regulations or documentation that a waiver has been granted. The granting of a waiver does not constitute modification of any requirement of this section; and
(3) insurance coverage, including bonding, sufficient to cover all patient funds, property, and interests.
Subd. 3.
Changes in license terms.
(a) A license holder must notify the commissioner before one of the following occurs and the commissioner must determine the need for a new license:
(1) a change in the Department of Health's licensure of the program;
(2) a change in the medical services provided by the program that affects the program's capacity to provide services required by the program's license designation as a clinically managed program or medically monitored program;
(3) a change in program capacity; or
(4) a change in location.
(b) A license holder must notify the commissioner and apply for a new license when a change in program ownership occurs.
Subd. 4.
Variances.
The commissioner may grant variances to the requirements of this chapter under section 245A.04, subdivision 9.
Subd. 5.
Withdrawal management services authorization.
A license holder providing withdrawal management services may admit an individual when the individual meets the admission criteria in section 245F.05, subdivisions 1 and 2. Any assessor providing an additional assessment to an individual must follow the process established in section 245F.06. If an assessor identifies an individual's need for withdrawal management services while the individual is a resident of a substance use disorder treatment facility, the provisions of section 256G.02, subdivision 4, paragraphs (c) and (d), shall apply.
History:
2015 c 71 art 3 s 4; 2020 c 74 art 3 s 2; 1Sp2020 c 2 art 8 s 68; 2021 c 30 art 2 s 2; 2023 c 49 s 4
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245F — Withdrawal Management Programs › Section 245F.06 — Screening And Comprehensive Assessment.

245F.06 SCREENING AND COMPREHENSIVE ASSESSMENT.
Subdivision 1.
Screening for substance use disorder.
A nurse or an alcohol and drug counselor must screen each patient upon admission to determine whether a comprehensive assessment is indicated. The license holder must screen patients at each admission, except that if the patient has already been determined to suffer from a substance use disorder, subdivision 2 applies.
Subd. 2.
Comprehensive assessment.
(a) Prior to a medically stable discharge, but not later than 72 hours following admission, a license holder must provide a comprehensive assessment according to sections 245.4863, paragraph (a), and 245G.05, for each patient who has a positive screening for a substance use disorder. If a patient's medical condition prevents a comprehensive assessment from being completed within 72 hours, the license holder must document why the assessment was not completed. The comprehensive assessment must include documentation of the appropriateness of an involuntary referral through the civil commitment process.
(b) If available to the program, a patient's previous comprehensive assessment may be used in the patient record. If a previously completed comprehensive assessment is used, its contents must be reviewed to ensure the assessment is accurate and current and complies with the requirements of this chapter. The review must be completed by a staff person qualified according to section 245G.11, subdivision 5. The license holder must document that the review was completed and that the previously completed assessment is accurate and current, or the license holder must complete an updated or new assessment.
History:
2015 c 71 art 3 s 6; 2018 c 182 art 2 s 15; 1Sp2020 c 2 art 5 s 28; 2023 c 50 art 2 s 7
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245F — Withdrawal Management Programs › Section 245F.07 — Stabilization Planning.

245F.07 STABILIZATION PLANNING.
Subdivision 1.
Stabilization plan.
Within 12 hours of admission, a license holder must develop an individualized stabilization plan for each patient accepted for stabilization services. The plan must be based on the patient's initial health assessment and continually updated based on new information gathered about the patient's condition from the comprehensive assessment, medical evaluation and consultation, and ongoing monitoring and observations of the patient. The patient must have an opportunity to have direct involvement in the development of the plan. The stabilization plan must:
(1) identify medical needs and goals to be achieved while the patient is receiving services;
(2) specify stabilization services to address the identified medical needs and goals, including amount and frequency of services;
(3) specify the participation of others in the stabilization planning process and specific services where appropriate; and
(4) document the patient's participation in developing the content of the stabilization plan and any updates.
Subd. 2.
Progress notes.
Progress notes must be entered in the patient's file at least daily and immediately following any significant event, including any change that impacts the medical, behavioral, or legal status of the patient. Progress notes must:
(1) include documentation of the patient's involvement in the stabilization services, including the type and amount of each stabilization service;
(2) include the monitoring and observations of the patient's medical needs;
(3) include documentation of referrals made to other services or agencies;
(4) specify the participation of others; and
(5) be legible, signed, and dated by the staff person completing the documentation.
Subd. 3.
Discharge plan.
Before a patient leaves the facility, the license holder must conduct discharge planning for the patient, document discharge planning in the patient's record, and provide the patient with a copy of the discharge plan. The discharge plan must include:
(1) referrals made to other services or agencies at the time of transition;
(2) the patient's plan for follow-up, aftercare, or other poststabilization services;
(3) documentation of the patient's participation in the development of the transition plan;
(4) any service that will continue after discharge under the direction of the license holder; and
(5) a stabilization summary and final evaluation of the patient's progress toward treatment objectives.
History:
2015 c 71 art 3 s 7
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245F — Withdrawal Management Programs › Section 245F.10 — Patient Rights And Grievance Procedures.

245F.10 PATIENT RIGHTS AND GRIEVANCE PROCEDURES.
Subdivision 1.
Patient rights.
Patients have the rights in sections 144.651, 148F.165, and 253B.03, as applicable. The license holder must give each patient, upon admission, a written statement of patient rights. Program staff must review the statement with the patient.
Subd. 2.
Grievance procedure.
Upon admission, the license holder must explain the grievance procedure to the patient or patient's representative and give the patient a written copy of the procedure. The grievance procedure must be posted in a place visible to the patient and must be made available to current and former patients upon request. A license holder's written grievance procedure must include:
(1) staff assistance in developing and processing the grievance;
(2) an initial response to the patient who filed the grievance within 24 hours of the program's receipt of the grievance, and timelines for additional steps to be taken to resolve the grievance, including access to the person with the highest level of authority in the program if the grievance cannot be resolved by other staff members; and
(3) the current addresses and telephone numbers of the Department of Human Services Licensing Division, Department of Health Office of Health Facilities Complaints, Board of Behavioral Health and Therapy, Board of Medical Practice, Board of Nursing, and Office of the Ombudsman for Mental Health and Developmental Disabilities.
History:
2015 c 71 art 3 s 10
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245F — Withdrawal Management Programs › Section 245F.11 — Patient Property Management.

245F.11 PATIENT PROPERTY MANAGEMENT.
A license holder must meet the requirements for handling patient funds and property in section 245A.04, subdivision 13, except:
(1) a license holder must establish policies regarding the use of personal property to assure that program activities and the rights of other patients are not infringed, and may take temporary custody of personal property if these policies are violated;
(2) a license holder must retain the patient's property for a minimum of seven days after discharge if the patient does not reclaim the property after discharge; and
(3) the license holder must return to the patient all of the patient's property held in trust at discharge, regardless of discharge status, except that:
(i) drugs, drug paraphernalia, and drug containers that are subject to forfeiture under section 609.5316 must be given over to the custody of a local law enforcement agency or, if giving the property over to the custody of a local law enforcement agency would violate Code of Federal Regulations, title 42, sections 2.1 to 2.67, and title 45, parts 160 to 164, destroyed by a staff person designated by the program director; and
(ii) weapons, explosives, and other property that may cause serious harm to self or others must be transferred to a local law enforcement agency. The patient must be notified of the transfer and the right to reclaim the property if the patient has a legal right to possess the item.
History:
2015 c 71 art 3 s 11
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245F — Withdrawal Management Programs › Section 245F.13 — Medications.

245F.13 MEDICATIONS.
Subdivision 1.
Administration of medications.
A license holder must employ or contract with a registered nurse to develop the policies and procedures for medication administration. A registered nurse must provide supervision as defined in section 148.171, subdivision 23, for the administration of medications. For clinically managed programs, the registered nurse supervision must include on-site supervision at least monthly or more often as warranted by the health needs of the patient. The medication administration policies and procedures must include:
(1) a provision that patients may carry emergency medication such as nitroglycerin as instructed by their prescriber;
(2) requirements for recording the patient's use of medication, including staff signatures with date and time;
(3) guidelines regarding when to inform a licensed practitioner or a registered nurse of problems with medication administration, including failure to administer, patient refusal of a medication, adverse reactions, or errors; and
(4) procedures for acceptance, documentation, and implementation of prescriptions, whether written, oral, telephonic, or electronic.
Subd. 2.
Control of drugs.
A license holder must have in place and implement written policies and procedures relating to control of drugs. The policies and procedures must be developed by a registered nurse and must contain the following provisions:
(1) a requirement that all drugs must be stored in a locked compartment. Schedule II drugs, as defined in section 152.02, subdivision 3, must be stored in a separately locked compartment that is permanently affixed to the physical plant or a medication cart;
(2) a system for accounting for all scheduled drugs each shift;
(3) a procedure for recording a patient's use of medication, including staff signatures with time and date;
(4) a procedure for destruction of discontinued, outdated, or deteriorated medications;
(5) a statement that only authorized personnel are permitted to have access to the keys to the locked drug compartments; and
(6) a statement that no legend drug supply for one patient may be given to another patient.
History:
2015 c 71 art 3 s 13
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245F — Withdrawal Management Programs › Section 245F.17 — Personnel Files.

245F.17 PERSONNEL FILES.
A license holder must maintain a separate personnel file for each staff member. At a minimum, the file must contain:
(1) a completed application for employment signed by the staff member that contains the staff member's qualifications for employment and documentation related to the applicant's background study data, as defined in chapter 245C;
(2) documentation of the staff member's current professional license or registration, if relevant;
(3) documentation of orientation and subsequent training;
(4) documentation of a statement of freedom from substance use problems; and
(5) an annual job performance evaluation.
History:
2015 c 71 art 3 s 17
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245F — Withdrawal Management Programs › Section 245F.18 — Policy And Procedures Manual.

245F.18 POLICY AND PROCEDURES MANUAL.
A license holder must develop a written policy and procedures manual that is alphabetically indexed and has a table of contents, so that staff have immediate access to all policies and procedures, and that consumers of the services and other authorized parties have access to all policies and procedures. The manual must contain the following materials:
(1) a description of patient education services as required in section 245F.06;
(2) personnel policies that comply with section 245F.16;
(3) admission information and referral and discharge policies that comply with section 245F.05;
(4) a health monitoring plan that complies with section 245F.12;
(5) a protective procedures policy that complies with section 245F.09, if the program elects to use protective procedures;
(6) policies and procedures for assuring appropriate patient-to-staff ratios that comply with section 245F.14;
(7) policies and procedures for assessing and documenting the susceptibility for risk of abuse to the patient as the basis for the individual abuse prevention plan required by section 245A.65;
(8) procedures for mandatory reporting as required by sections 245A.65 and 626.557 and chapter 260E;
(9) a medication control plan that complies with section 245F.13; and
(10) policies and procedures regarding HIV that meet the minimum standards under section 245A.19.
History:
2015 c 71 art 3 s 18; 1Sp2020 c 2 art 8 s 73
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245F — Withdrawal Management Programs › Section 245F.19 — Patient Records.

245F.19 PATIENT RECORDS.
Subdivision 1.
Patient records required.
A license holder must maintain a file of current patient records on the program premises where the treatment is provided. Each entry in each patient record must be signed and dated by the staff member making the entry. Patient records must be protected against loss, tampering, or unauthorized disclosure in compliance with chapter 13 and section 254A.09; Code of Federal Regulations, title 42, sections 2.1 to 2.67; and title 45, parts 160 to 164.
Subd. 2.
Records retention.
A license holder must retain and store records as required by section 245A.041, subdivisions 3 and 4.
Subd. 3.
Contents of records.
Patient records must include the following:
(1) documentation of the patient's presenting problem, any substance use screening, the most recent assessment, and any updates;
(2) a stabilization plan and progress notes as required by section 245F.07, subdivisions 1 and 2;
(3) a discharge summary as required by section 245F.07, subdivision 3;
(4) an individual abuse prevention plan that complies with section 245A.65 and related rules;
(5) documentation of referrals made; and
(6) documentation of the monitoring and observations of the patient's medical needs.
History:
2015 c 71 art 3 s 19
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245F — Withdrawal Management Programs › Section 245F.20 — Data Collection Required.

245F.20 DATA COLLECTION REQUIRED.
The license holder must participate in the drug and alcohol abuse normative evaluation system (DAANES) by submitting, in a format provided by the commissioner, information concerning each patient admitted to the program. Staff submitting data must be trained by the license holder with the DAANES web manual.
History:
2015 c 71 art 3 s 20
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245F — Withdrawal Management Programs › Section 245F.21 — Payment Methodology.

245F.21 PAYMENT METHODOLOGY.
The commissioner shall develop a payment methodology for services provided under this chapter or by an Indian Health Services facility or a facility owned and operated by a tribe or tribal organization operating under Public Law 93-638 as a 638 facility. The commissioner shall seek federal approval for the methodology. Upon federal approval, the commissioner must seek and obtain legislative approval of the funding methodology to support the service.
History:
2015 c 71 art 3 s 21
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245G — Substance Use Disorder Licensed Treatment Facilities › Section 245G.011 — Behavioral Health Crisis Facilities Grants.

245G.011 BEHAVIORAL HEALTH CRISIS FACILITIES GRANTS.
Subdivision 1.
Commissioner.
"Commissioner" means the commissioner of human services.
Subd. 2.
Eligible applicant.
"Eligible applicant" or "applicant" means a statutory or home rule charter city, county, housing and redevelopment authority, publicly owned hospital, or other public entity otherwise eligible to receive state general obligation bond proceeds that is designated to apply for a behavioral health crisis program facilities grant by the local mental health authority, established under section 245.466 or on behalf of a regional consortium of organizations that serve individuals with mental illness or a substance use disorder.
Subd. 3.
Eligible project.
"Eligible project" or "project" means the acquisition or betterment of public land, buildings, and other public improvements of a capital nature within the meaning of the Minnesota Constitution, article XI, section 5, clause (a). It includes acquisition of land or interest in land, predesign, design, renovation, construction, furnishing, and equipping facilities in which to provide behavioral health crisis programs and services.
Subd. 4.
Project criteria.
For purposes of this section, "behavioral health crisis facilities" or "facility" means a facility whose purpose is to provide mental health or substance use disorder services. Proceeds may be up to 100 percent of project costs, up to $5,000,000 per project. Priority must be given to proposals that:
(1) demonstrate a need for the program in the region;
(2) provide a detailed service plan, including the services that will be provided and to whom, and staffing requirements;
(3) provide an estimated cost of operating the program;
(4) verify financial sustainability by detailing sufficient funding sources and the capacity to obtain third-party payments for services provided, including private insurance and federal Medicaid and Medicare financial participation;
(5) demonstrate an ability and willingness to build on existing resources in the community; and
(6) agree to a comprehensive evaluation of services and financial viability by the commissioner.
Subd. 5.
Report.
The commissioner shall report to the legislative committees with jurisdiction over mental health issues and capital investment. The report is due by February 15 of each odd-numbered year and must include information on the projects funded and the programs and services provided in those facilities.
History:
2018 c 214 art 2 s 11
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245G — Substance Use Disorder Licensed Treatment Facilities › Section 245G.02 — Applicability.

245G.02 APPLICABILITY.
Subdivision 1.
Applicability.
Except as provided in subdivisions 2 and 3, no person, corporation, partnership, voluntary association, controlling individual, or other organization may provide a substance use disorder treatment service to an individual with a substance use disorder unless licensed by the commissioner.
Subd. 2.
Exemption from license requirement.
This chapter does not apply to a county or recovery community organization that is providing a service for which the county or recovery community organization is an eligible vendor under section 254B.05. This chapter does not apply to an organization whose primary functions are information, referral, diagnosis, case management, and assessment for the purposes of client placement, education, support group services, or self-help programs. This chapter does not apply to the activities of a licensed professional in private practice. A license holder providing the initial set of substance use disorder services allowable under section 254A.03, subdivision 3, paragraph (c), to an individual referred to a licensed nonresidential substance use disorder treatment program after a positive screen for alcohol or substance misuse is exempt from sections 245G.05; 245G.06, subdivisions 1, 1a, and 4; 245G.07, subdivisions 1, paragraph (a), clauses (2) to (4), and 2, clauses (1) to (7); and 245G.17.
Subd. 3.
Excluded hospitals.
This chapter does not apply to substance use disorder treatment provided by a hospital licensed under chapter 62J, or under sections 144.50 to 144.56, unless the hospital accepts funds for substance use disorder treatment from the behavioral health fund under chapter 254B, medical assistance under chapter 256B, or MinnesotaCare or health care cost containment under chapter 256L, or general assistance medical care formerly codified in chapter 256D.
Subd. 4.
Applicability of Minnesota Rules, chapter 2960.
A residential adolescent substance use disorder treatment program serving an individual younger than 16 years of age must be licensed according to Minnesota Rules, chapter 2960.
History:
1Sp2017 c 6 art 8 s 15; 1Sp2020 c 2 art 5 s 31; 2021 c 30 art 13 s 83; 2023 c 50 art 2 s 11; 2023 c 61 art 4 s 4
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245G — Substance Use Disorder Licensed Treatment Facilities › Section 245G.03 — Licensing Requirements.

245G.03 LICENSING REQUIREMENTS.
Subdivision 1.
License requirements.
(a) An applicant for a license to provide substance use disorder treatment must comply with the general requirements in section 626.557; chapters 245A, 245C, and 260E; and Minnesota Rules, chapter 9544.
(b) The commissioner may grant variances to the requirements in this chapter that do not affect the client's health or safety if the conditions in section 245A.04, subdivision 9, are met.
(c) If a program is licensed according to this chapter and is part of a certified community behavioral health clinic under section 245.735, the license holder must comply with the requirements in section 245.735, subdivisions 4b to 4e, as part of the licensing requirements under this chapter.
Subd. 2.
Application.
(a) Before the commissioner issues a license, an applicant must submit, on forms provided by the commissioner, any documents the commissioner requires.
(b) The applicant must submit documentation that the applicant has notified the county as required under section 254B.03, subdivision 2.
Subd. 3.
Change in license terms.
(a) The commissioner must determine whether a new license is needed when a change in clauses (1) to (4) occurs. A license holder must notify the commissioner before a change in one of the following occurs:
(1) the Department of Health's licensure of the program;
(2) whether the license holder provides services specified in sections 245G.18 to 245G.22;
(3) location; or
(4) capacity if the license holder meets the requirements of section 245G.21.
(b) A license holder must notify the commissioner and must apply for a new license if there is a change in program ownership.
History:
1Sp2017 c 6 art 8 s 16; 1Sp2020 c 2 art 8 s 74; 2021 c 30 art 2 s 3; 2023 c 70 art 8 s 38
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245G — Substance Use Disorder Licensed Treatment Facilities › Section 245G.04 — Service Initiation.

245G.04 SERVICE INITIATION.
Subdivision 1.
Initial services plan.
The license holder must complete an initial services plan within 24 hours of the day of service initiation. The plan must be person-centered and client-specific, address the client's immediate health and safety concerns, and identify the treatment needs of the client to be addressed during the time between the day of service initiation and development of the individual treatment plan.
Subd. 2.
Vulnerable adult status.
(a) Within 24 hours of the day of service initiation, a nonresidential program must determine whether a client is a vulnerable adult as defined in section 626.5572, subdivision 21. An adult client of a residential program is a vulnerable adult.
(b) An individual abuse prevention plan, according to sections 245A.65, subdivision 2, paragraph (b), and 626.557, subdivision 14, paragraph (b), is required for a client who meets the definition of vulnerable adult.
History:
1Sp2017 c 6 art 8 s 17; 1Sp2019 c 9 art 6 s 14
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245G — Substance Use Disorder Licensed Treatment Facilities › Section 245G.09 — Client Records.

245G.09 CLIENT RECORDS.
Subdivision 1.
Client records required.
(a) A license holder must maintain a file of current and accurate client records on the premises where the treatment service is provided or coordinated. For services provided off site, client records must be available at the program and adhere to the same clinical and administrative policies and procedures as services provided on site. The content and format of client records must be uniform and entries in each record must be signed and dated by the staff member making the entry. Client records must be protected against loss, tampering, or unauthorized disclosure according to section 254A.09, chapter 13, and Code of Federal Regulations, title 42, chapter 1, part 2, subpart B, sections 2.1 to 2.67, and title 45, parts 160 to 164.
(b) The program must have a policy and procedure that identifies how the program will track and record client attendance at treatment activities, including the date, duration, and nature of each treatment service provided to the client.
(c) The program must identify in the client record designation of an individual who is receiving services under section 254A.03, subdivision 3, including the start date and end date of services eligible under section 254A.03, subdivision 3.
Subd. 2.
Record retention.
The client records of a discharged client must be retained by a license holder for seven years. A license holder that ceases to provide treatment service must retain client records for seven years from the date of facility closure and must notify the commissioner of the location of the client records and the name of the individual responsible for maintaining the client's records.
Subd. 3.
Contents.
Client records must contain the following:
(1) documentation that the client was given information on client rights and responsibilities, grievance procedures, tuberculosis, and HIV, and that the client was provided an orientation to the program abuse prevention plan required under section 245A.65, subdivision 2, paragraph (a), clause (4). If the client has an opioid use disorder, the record must contain documentation that the client was provided educational information according to section 245G.05, subdivision 3, paragraph (b);
(2) an initial services plan completed according to section 245G.04;
(3) a comprehensive assessment completed according to section 245G.05;
(4) an individual abuse prevention plan according to sections 245A.65, subdivision 2, and 626.557, subdivision 14, when applicable;
(5) an individual treatment plan according to section 245G.06, subdivisions 1 and 1a;
(6) documentation of treatment services, significant events, appointments, concerns, and treatment plan reviews according to section 245G.06, subdivisions 2a, 2b, 3, and 3a; and
(7) a summary at the time of service termination according to section 245G.06, subdivision 4.
History:
1Sp2017 c 6 art 8 s 22; 1Sp2020 c 2 art 5 s 32; 2022 c 98 art 12 s 12; 2023 c 50 art 2 s 19; 2023 c 61 art 4 s 5
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245G — Substance Use Disorder Licensed Treatment Facilities › Section 245G.10 — Staff Requirements.

245G.10 STAFF REQUIREMENTS.
Subdivision 1.
Treatment director.
A license holder must have a treatment director.
Subd. 2.
Alcohol and drug counselor supervisor.
A license holder must employ an alcohol and drug counselor supervisor who meets the requirements of section 245G.11, subdivision 4. An individual may be simultaneously employed as a treatment director, alcohol and drug counselor supervisor, and an alcohol and drug counselor if the individual meets the qualifications for each position. If an alcohol and drug counselor is simultaneously employed as an alcohol and drug counselor supervisor or treatment director, that individual must be considered a 0.5 full-time equivalent alcohol and drug counselor for staff requirements under subdivision 4.
Subd. 3.
Responsible staff member.
A treatment director must designate a staff member who, when present in the facility, is responsible for the delivery of treatment service. A license holder must have a designated staff member during all hours of operation. A license holder providing room and board and treatment at the same site must have a responsible staff member on duty 24 hours a day. The designated staff member must know and understand the implications of this chapter, sections 245A.65, 626.557, and 626.5572, and chapter 260E.
Subd. 4.
Staff requirement.
It is the responsibility of the license holder to determine an acceptable group size based on each client's needs. Group counseling shall not exceed 16 clients. The license holder must maintain a record that documents compliance with this subdivision.
Subd. 5.
Medical emergency.
When a client is present, a license holder must have at least one staff member on the premises who has a current American Red Cross standard first aid certificate or an equivalent certificate and at least one staff member on the premises who has a current American Red Cross community, American Heart Association, or equivalent CPR certificate. A single staff member with both certifications satisfies this requirement.
History:
1Sp2017 c 6 art 8 s 23; 1Sp2019 c 9 art 6 s 21; 1Sp2020 c 2 art 8 s 75
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245G — Substance Use Disorder Licensed Treatment Facilities › Section 245G.12 — Provider Policies And Procedures.

245G.12 PROVIDER POLICIES AND PROCEDURES.
A license holder must develop a written policies and procedures manual, indexed according to section 245A.04, subdivision 14, paragraph (c), that provides staff members immediate access to all policies and procedures and provides a client and other authorized parties access to all policies and procedures. The manual must contain the following materials:
(1) assessment and treatment planning policies, including screening for mental health concerns and treatment objectives related to the client's identified mental health concerns in the client's treatment plan;
(2) policies and procedures regarding HIV according to section 245A.19;
(3) the license holder's methods and resources to provide information on tuberculosis and tuberculosis screening to each client and to report a known tuberculosis infection according to section 144.4804;
(4) personnel policies according to section 245G.13;
(5) policies and procedures that protect a client's rights according to section 245G.15;
(6) a medical services plan according to section 245G.08;
(7) emergency procedures according to section 245G.16;
(8) policies and procedures for maintaining client records according to section 245G.09;
(9) procedures for reporting the maltreatment of minors according to chapter 260E, and vulnerable adults according to sections 245A.65, 626.557, and 626.5572;
(10) a description of treatment services that: (i) includes the amount and type of services provided; (ii) identifies which services meet the definition of group counseling under section 245G.01, subdivision 13a; (iii) identifies which groups and topics on which a guest speaker could provide services under the direct observation of an alcohol and drug counselor; and (iv) defines the program's treatment week;
(11) the methods used to achieve desired client outcomes;
(12) the hours of operation; and
(13) the target population served.
History:
1Sp2017 c 6 art 8 s 25; 1Sp2019 c 9 art 6 s 24; 1Sp2020 c 2 art 8 s 78; 2022 c 98 art 4 s 17
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245G — Substance Use Disorder Licensed Treatment Facilities › Section 245G.15 — Client Rights Protection.

245G.15 CLIENT RIGHTS PROTECTION.
Subdivision 1.
Explanation.
A client has the rights identified in sections 144.651, 148F.165, and 253B.03, as applicable. The license holder must give each client on the day of service initiation a written statement of the client's rights and responsibilities. A staff member must review the statement with a client at that time.
Subd. 2.
Grievance procedure.
On the day of service initiation, the license holder must explain the grievance procedure to the client or the client's representative. The grievance procedure must be posted in a place visible to clients, and made available upon a client's or former client's request. The grievance procedure must require that:
(1) a staff member helps the client develop and process a grievance;
(2) current telephone numbers and addresses of the Department of Human Services, Licensing Division; the Office of Ombudsman for Mental Health and Developmental Disabilities; the Department of Health Office of Health Facilities Complaints; and the Board of Behavioral Health and Therapy, when applicable, be made available to a client; and
(3) a license holder responds to the client's grievance within three days of a staff member's receipt of the grievance, and the client may bring the grievance to the highest level of authority in the program if not resolved by another staff member.
Subd. 3.
Photographs of client.
(a) A photograph, video, or motion picture of a client taken in the provision of treatment service is considered client records. A photograph for identification and a recording by video or audio technology to enhance either therapy or staff member supervision may be required of a client, but may only be available for use as communications within a program. A client must be informed when the client's actions are being recorded by camera or other technology, and the client must have the right to refuse any recording or photography, except as authorized by this subdivision.
(b) A license holder must have a written policy regarding the use of any personal electronic device that can record, transmit, or make images of another client. A license holder must inform each client of this policy and the client's right to refuse being photographed or recorded.
History:
1Sp2017 c 6 art 8 s 28; 2018 c 182 art 1 s 45; 1Sp2019 c 9 art 6 s 26,27