reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245 — Department Of Human Services › Section 245.4905 — First Episode Of Psychosis Grant Program.

245.4905 FIRST EPISODE OF PSYCHOSIS GRANT PROGRAM.
Subdivision 1.
Creation.
The first episode of psychosis grant program is established in the Department of Human Services to fund evidence-based interventions for youth at risk of developing or experiencing a first episode of psychosis and a public awareness campaign on the signs and symptoms of psychosis. First episode of psychosis services are eligible for children's mental health grants as specified in section 245.4889, subdivision 1, paragraph (b), clause (15).
Subd. 2.
Activities.
(a) All first episode of psychosis grant programs must:
(1) provide intensive treatment and support for adolescents and adults experiencing or at risk of experiencing a first psychotic episode. Intensive treatment and support includes medication management, psychoeducation for an individual and an individual's family, case management, employment support, education support, cognitive behavioral approaches, social skills training, peer support, crisis planning, and stress management;
(2) conduct outreach and provide training and guidance to mental health and health care professionals, including postsecondary health clinicians, on early psychosis symptoms, screening tools, and best practices;
(3) ensure access for individuals to first psychotic episode services under this section, including access for individuals who live in rural areas; and
(4) use all available funding streams.
(b) Grant money may also be used to pay for housing or travel expenses for individuals receiving services or to address other barriers preventing individuals and their families from participating in first psychotic episode services.
Subd. 3.
Eligibility.
Program activities must be provided to people 15 to 40 years old with early signs of psychosis.
Subd. 4.
Outcomes.
Evaluation of program activities must utilize evidence-based practices and must include the following outcome evaluation criteria:
(1) whether individuals experience a reduction in psychotic symptoms;
(2) whether individuals experience a decrease in inpatient mental health hospitalizations; and
(3) whether individuals experience an increase in educational attainment.
Subd. 5.
Federal aid or grants.
The commissioner of human services must comply with all conditions and requirements necessary to receive federal aid or grants.
History:
2022 c 99 art 1 s 11
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245 — Department Of Human Services › Section 245.4906 — Mental Health Certified Peer Specialist Grant Program.

245.4906 MENTAL HEALTH CERTIFIED PEER SPECIALIST GRANT PROGRAM.
Subdivision 1.
Establishment.
The commissioner of human services must establish a mental health certified peer specialist grant program to provide funding for the training of mental health certified peer specialists who provide services to support individuals with lived experience of mental illness under section 256B.0615.
Subd. 2.
Eligible applicants.
An eligible applicant is a licensed entity or provider that employs a mental health certified peer specialist qualified under section 245I.04, subdivision 10, and that provides services to individuals receiving assertive community treatment or intensive residential treatment services under section 256B.0622, adult rehabilitative mental health services under section 256B.0623, or crisis response services under section 256B.0624.
Subd. 3.
Allowable grant activities.
Grantees must use grant funding to provide training for mental health certified peer specialists as specified in section 256B.0615, subdivision 5.
Subd. 4.
Outcomes.
(a) Grantees must provide an annual report to the commissioner for the purposes of evaluating the effectiveness of the grant program. The report must include:
(1) the number of mental health certified peer specialists who received training using the grant funds under this section; and
(2) the extent to which individuals receiving peer services experienced progress on achieving treatment goals and experienced a reduction in hospital admissions.
(b) The commissioner must submit the results of the evaluation to the chairs and ranking minority members of the legislative committees with jurisdiction over mental health.
History:
2023 c 70 art 17 s 5
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245 — Department Of Human Services › Section 245.4907 — Mental Health Certified Family Peer Specialist Grant Program.

245.4907 MENTAL HEALTH CERTIFIED FAMILY PEER SPECIALIST GRANT PROGRAM.
Subdivision 1.
Establishment.
The commissioner of human services must establish a mental health certified peer family specialist grant program to provide funding for training for mental health certified peer family specialists who provide services to support individuals with lived experience of mental illness under section 256B.0616.
Subd. 2.
Eligible applicants.
An eligible applicant is a licensed entity or provider that employs a mental health certified peer family specialist qualified under section 245I.04, subdivision 12, and that provides services to families who have a child:
(1) with an emotional disturbance or severe emotional disturbance under chapter 245;
(2) receiving inpatient hospitalization under section 256B.0625, subdivision 1;
(3) admitted to a residential treatment facility under section 245.4882;
(4) receiving children's intensive behavioral health services under section 256B.0946;
(5) receiving day treatment or children's therapeutic services and supports under section 256B.0943; or
(6) receiving crisis response services under section 256B.0624.
Subd. 3.
Allowable grant activities.
Grantees must use grant funding to provide training for mental health certified family peer specialists as specified in section 256B.0616, subdivision 5.
Subd. 4.
Outcomes.
(a) Grantees must provide an annual report to the commissioner for the purposes of evaluating the effectiveness of the grant program. The report must include:
(1) the number of mental health certified peer specialists who received training using the grant funds under this section; and
(2) the extent to which individuals receiving family peer services experienced progress on achieving treatment goals and experienced a reduction in hospital admissions.
(b) The commissioner must submit the results of the evaluation to the chairs and ranking minority members of the legislative committees with jurisdiction over mental health.
History:
2023 c 70 art 17 s 6
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245 — Department Of Human Services › Section 245.491 — Citation; Declaration Of Purpose.

245.491 CITATION; DECLARATION OF PURPOSE.
Subdivision 1.
Citation.
Sections 245.491 to 245.495 may be cited as "the children's mental health integrated fund."
Subd. 2.
Purpose.
The legislature finds that children with emotional or behavioral disturbances or who are at risk of suffering such disturbances often require services from multiple service systems including mental health, social services, education, corrections, juvenile court, health, and employment and economic development. In order to better meet the needs of these children, it is the intent of the legislature to establish an integrated children's mental health service system that:
(1) allows local service decision makers to draw funding from a single local source so that funds follow clients and eliminates the need to match clients, funds, services, and provider eligibilities;
(2) creates a local pool of state, local, and private funds to procure a greater medical assistance federal financial participation;
(3) improves the efficiency of use of existing resources;
(4) minimizes or eliminates the incentives for cost and risk shifting; and
(5) increases the incentives for earlier identification and intervention.
The children's mental health integrated fund established under sections 245.491 to 245.495 must be used to develop and support this integrated mental health service system. In developing this integrated service system, it is not the intent of the legislature to limit any rights available to children and their families through existing federal and state laws.
History:
1Sp1993 c 1 art 7 s 11; 1994 c 483 s 1; 1Sp2003 c 14 art 11 s 11; 2009 c 86 art 1 s 89
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245 — Department Of Human Services › Section 245.4931 — Integrated Local Service System.

245.4931 INTEGRATED LOCAL SERVICE SYSTEM.
The integrated service system established by the local children's mental health collaborative must:
(1) include a process for communicating to agencies in the local system of care eligibility criteria for services received through the local children's mental health collaborative and a process for determining eligibility. The process shall place strong emphasis on outreach to families, respecting the family role in identifying children in need, and valuing families as partners;
(2) include measurable outcomes, timelines for evaluating progress, and mechanisms for quality assurance and appeals;
(3) involve the family, and where appropriate the individual child, in developing multiagency service plans to the extent required in sections 125A.08; 245.4871, subdivision 21; 245.4881, subdivision 4; 253B.03, subdivision 7; 260C.212, subdivision 1; and 260C.201, subdivision 6;
(4) meet all standards and provide all mental health services as required in sections 245.487 to 245.4889, and ensure that the services provided are culturally appropriate;
(5) spend funds generated by the local children's mental health collaborative as required in sections 245.491 to 245.495;
(6) encourage public-private partnerships to increase efficiency, reduce redundancy, and promote quality of care; and
(7) ensure that, if the county participant of the local children's mental health collaborative is also a provider of child welfare targeted case management as authorized by the 1993 legislature, then federal reimbursement received by the county for child welfare targeted case management provided to children served by the local children's mental health collaborative must be directed to the integrated fund.
History:
1Sp1993 c 1 art 7 s 14; 1998 c 397 art 11 s 3; 1999 c 139 art 4 s 2; 1Sp2003 c 14 art 11 s 11; 2007 c 147 art 8 s 38
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245 — Department Of Human Services › Section 245.4932 — Revenue Enhancement; Authority And Responsibilities.

245.4932 REVENUE ENHANCEMENT; AUTHORITY AND RESPONSIBILITIES.
Subdivision 1.
Collaborative responsibilities.
The children's mental health collaborative shall have the following authority and responsibilities regarding federal revenue enhancement:
(1) the collaborative must establish an integrated fund;
(2) the collaborative shall designate a lead county or other qualified entity as the fiscal agency for reporting, claiming, and receiving payments;
(3) the collaborative or lead county may enter into subcontracts with other counties, school districts, special education cooperatives, municipalities, and other public and nonprofit entities for purposes of identifying and claiming eligible expenditures to enhance federal reimbursement;
(4) the collaborative shall use any enhanced revenue attributable to the activities of the collaborative, including administrative and service revenue, solely to provide mental health services or to expand the operational target population. The lead county or other qualified entity may not use enhanced federal revenue for any other purpose;
(5) the collaborative or lead county must develop and maintain an accounting and financial management system adequate to support all claims for federal reimbursement, including a clear audit trail and any provisions specified in the contract with the commissioner of human services;
(6) the collaborative or its members may elect to pay the nonfederal share of the medical assistance costs for services designated by the collaborative; and
(7) the lead county or other qualified entity may not use federal funds or local funds designated as matching for other federal funds to provide the nonfederal share of medical assistance.
Subd. 2.
[Repealed, 2014 c 262 art 3 s 18]
Subd. 3.
[Repealed, 2014 c 262 art 3 s 18]
Subd. 4.
[Repealed, 2014 c 262 art 3 s 18]
History:
1Sp1993 c 1 art 7 s 15; 1995 c 207 art 8 s 18-21; 2002 c 277 s 3; 2003 c 112 art 2 s 50; 1Sp2003 c 14 art 11 s 11; 2009 c 101 art 2 s 109; 2012 c 216 art 12 s 5
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245 — Department Of Human Services › Section 245.495 — Additional Federal Revenues.

245.495 ADDITIONAL FEDERAL REVENUES.
(a) Each local children's mental health collaborative shall report expenditures eligible for federal reimbursement in a manner prescribed by the commissioner of human services under section 256.01, subdivision 2, paragraph (p). The commissioner of human services shall pay all funds earned by each local children's mental health collaborative to the collaborative. Each local children's mental health collaborative must use these funds to expand the operational target population or to develop or provide mental health services through the local integrated service system to children in the target population. Funds may not be used to supplant funding for services to children in the target population.
For purposes of this section, "mental health services" are community-based, nonresidential services, which may include respite care, that are identified in the child's multiagency plan of care.
(b) The commissioner may set aside a portion of the federal funds earned under this section to repay the special revenue maximization account under section 256.01, subdivision 2, paragraph (o). The set-aside must not exceed five percent of the federal reimbursement earned by collaboratives and repayment is limited to:
(1) the costs of developing and implementing sections 245.491 to 245.495, including the costs of technical assistance from the Departments of Human Services, Education, Health, and Corrections to implement the children's mental health integrated fund;
(2) programming the information systems; and
(3) any lost federal revenue for the central office claim directly caused by the implementation of these sections.
(c) Any unexpended funds from the set-aside described in paragraph (b) shall be distributed to counties.
History:
1Sp1993 c 1 art 7 s 17; 1995 c 207 art 8 s 25; 1Sp1995 c 3 art 16 s 13; 2003 c 130 s 12; 1Sp2003 c 14 art 11 s 11; 2015 c 78 art 4 s 61
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245 — Department Of Human Services › Section 245.52 — Commissioner Of Human Services As Compact Administrator.

245.52 COMMISSIONER OF HUMAN SERVICES AS COMPACT ADMINISTRATOR.
The commissioner of human services is hereby designated as "compact administrator." The commissioner shall have the powers and duties specified in the compact, and may, in the name of the state of Minnesota, subject to the approval of the attorney general as to form and legality, enter into such agreements authorized by the compact as the commissioner deems appropriate to effecting the purpose of the compact. The commissioner shall, within the limits of the appropriations for the care of persons with mental illness or developmental disabilities, authorize such payments as are necessary to discharge any financial obligations imposed upon this state by the compact or any agreement entered into under the compact.
If the patient has no established residence in a Minnesota county, the commissioner shall designate the county of financial responsibility for the purposes of carrying out the provisions of the Interstate Compact on Mental Health as it pertains to patients being transferred to Minnesota. The commissioner shall designate the county which is the residence of the person in Minnesota who initiates the earliest written request for the patient's transfer.
History:
1957 c 326 s 2; 1981 c 98 s 1; 1984 c 654 art 5 s 58; 1985 c 21 s 4; 1986 c 444; 2005 c 56 s 1
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245 — Department Of Human Services › Section 245.53 — Transmittal Of Copies Of Act.

245.53 TRANSMITTAL OF COPIES OF ACT.
Duly authenticated copies of sections 245.51 to 245.53 shall, upon its approval, be transmitted by the secretary of state to the governor of each state, the Attorney General and the Secretary of State of the United States, and the Council of State Governments.
History:
1957 c 326 s 3
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245 — Department Of Human Services › Section 245.61 — County Boards; Grants For Local Mental Health Programs.

245.61 COUNTY BOARDS; GRANTS FOR LOCAL MENTAL HEALTH PROGRAMS.
County boards are hereby authorized to make grants to public or private agencies to establish and operate local mental health programs to provide the following services: (a) collaborative and cooperative services with public health and other groups for programs of prevention of mental illness, developmental disability, alcoholism, and other psychiatric disabilities; (b) informational and educational services to the general public, and lay and professional groups; (c) consultative services to schools, courts and health and welfare agencies, both public and private, including diagnostic evaluation of cases from juvenile courts; (d) outpatient diagnostic and treatment services; (e) rehabilitative services for patients suffering from mental or emotional disorders, developmental disability, alcoholism, and other psychiatric conditions particularly those who have received prior treatment in an inpatient facility; (f) detoxification in alcoholism evaluation and service facilities.
History:
1957 c 392 s 1; 1969 c 1043 s 7; 1973 c 123 art 5 s 7; 1976 c 163 s 43; 1979 c 324 s 13; 2005 c 56 s 1
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245 — Department Of Human Services › Section 245.62 — Community Mental Health Center.

245.62 COMMUNITY MENTAL HEALTH CENTER.
Subdivision 1.
Establishment.
Any city, county, town, combination thereof, or private nonprofit corporation may establish a community mental health center.
Subd. 2.
Definition.
A community mental health center is a private nonprofit corporation or public agency approved under the standards of section 256B.0625, subdivision 5.
Subd. 3.
MS 2020 [Repealed, 2021 c 30 art 17 s 113]
Subd. 4.
MS 2020 [Repealed, 2021 c 30 art 17 s 113]
History:
1957 c 392 s 2; 1959 c 530 s 1; 1967 c 888 s 1; 1973 c 123 art 5 s 7; 1973 c 583 s 14; 1973 c 773 s 1; 1975 c 69 s 1; 1979 c 324 s 14; 1983 c 312 art 5 s 1; 1984 c 640 s 32; 1989 c 282 art 4 s 54; 1991 c 255 s 19; 1997 c 7 art 5 s 23,24; 2005 c 56 s 1; 2017 c 40 art 1 s 50; 2021 c 30 art 17 s 45
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245 — Department Of Human Services › Section 245.66 — Community Mental Health Center Boards.

245.66 COMMUNITY MENTAL HEALTH CENTER BOARDS.
Every city, county, town, combination thereof or nonprofit corporation establishing a community mental health center shall establish a community mental health center board. The community mental health center board may include county commissioner representatives from each participating county and shall be representative of the local population, including at least health and human service professions and advocate associations, other fields of employment, and the general public. Each community mental health center board shall be responsible for the governance and performance of its center.
History:
1957 c 392 s 6; 1959 c 303 s 1; 1963 c 796 s 2; 1973 c 123 art 5 s 7; 1975 c 69 s 3; 1975 c 169 s 2; 1979 c 324 s 17; 1981 c 355 s 21; 1983 c 312 art 5 s 2
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245 — Department Of Human Services › Section 245.70 — Mental Health; Federal Aid.

245.70 MENTAL HEALTH; FEDERAL AID.
Subdivision 1.
Mentally ill.
The commissioner of human services is designated the state agency to establish and administer a statewide plan for the care, treatment, diagnosis, or rehabilitation, of the mentally ill which are or may be required as a condition for eligibility for benefits under any federal law and in particular under the Federal Alcohol, Drug Abuse and Mental Health Block Grant Law, United States Code, title 42, sections 300X to 300X-9. The commissioner of human services is authorized and directed to receive, administer, and expend any funds that may be available under any federal law or from any other source, public or private, for such purposes.
Subd. 2.
Mental health block grants.
The commissioner of human services is designated the state authority to establish and administer the state plan for the federal mental health funds available under the alcohol, drug abuse, and mental health services block grant, United States Code, title 42, sections 300X to 300X-9. The commissioner shall receive and administer the available federal mental health funds.
History:
1965 c 626 s 1; 1982 c 607 s 1; 1984 c 654 art 5 s 58; 1985 c 252 s 1
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245 — Department Of Human Services › Section 245.71 — Conditions To Federal Aid For Mentally Ill.

245.71 CONDITIONS TO FEDERAL AID FOR MENTALLY ILL.
Subdivision 1.
Federal aid or block grants.
The commissioner of human services may comply with all conditions and requirements necessary to receive federal aid or block grants with respect to the establishment, construction, maintenance, equipment or operation, for all the people of this state, of adequate facilities and services as specified in section 245.70.
Subd. 2.
[Repealed by amendment, 2007 c 133 art 2 s 8]
History:
1965 c 626 s 2; 1982 c 607 s 2; 1984 c 640 s 32; 1984 c 654 art 5 s 58; 1985 c 252 s 2; 2007 c 133 art 2 s 8
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245 — Department Of Human Services › Section 245.713 — Allocation Formula.

245.713 ALLOCATION FORMULA.
Subdivision 1.
[Repealed, 1987 c 403 art 2 s 164]
Subd. 2.
Total funds available; allocation.
Funds granted to the state by the federal government under United States Code, title 42, sections 300X to 300X-9 each federal fiscal year for mental health services must be allocated as follows:
(a) Any amount set aside by the commissioner of human services for American Indian organizations within the state, which funds shall not duplicate any direct federal funding of American Indian organizations and which funds shall be at least 25 percent of the total federal allocation to the state for mental health services. Money from this source may be used for special committees to advise the commissioner on mental health programs and services for American Indians and other minorities or underserved groups. For purposes of this subdivision, "American Indian organization" means an American Indian tribe or band or an organization providing mental health services that is legally incorporated as a nonprofit organization registered with the secretary of state and governed by a board of directors having at least a majority of American Indian directors.
(b) An amount not to exceed five percent of the federal block grant allocation for mental health services to be retained by the commissioner for administration.
(c) Any amount permitted under federal law which the commissioner approves for demonstration or research projects for severely disturbed children and adolescents, the underserved, special populations or multiply disabled mentally ill persons. The groups to be served, the extent and nature of services to be provided, the amount and duration of any grant awards are to be based on criteria set forth in the Alcohol, Drug Abuse and Mental Health Block Grant Law, United States Code, title 42, sections 300X to 300X-9, and on state policies and procedures determined necessary by the commissioner. Grant recipients must comply with applicable state and federal requirements and demonstrate fiscal and program management capabilities that will result in provision of quality, cost-effective services.
(d) The amount required under federal law, for federally mandated expenditures.
(e) An amount not to exceed 15 percent of the federal block grant allocation for mental health services to be retained by the commissioner for planning and evaluation.
Subd. 3.
[Repealed, 1987 c 403 art 2 s 164]
Subd. 4.
[Repealed, 2005 c 98 art 3 s 25]
History:
1982 c 607 s 5; 1984 c 654 art 5 s 58; 1985 c 252 s 4; 1987 c 403 art 2 s 41; 1989 c 282 art 4 s 59; 2005 c 98 art 3 s 25; 2007 c 147 art 11 s 23; 2022 c 98 art 6 s 6
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245 — Department Of Human Services › Section 245.75 — Federal Grants For Minnesota Indians.

245.75 FEDERAL GRANTS FOR MINNESOTA INDIANS.
The commissioner of human services is authorized to enter into contracts with the Department of Health, Education, Welfare and the Department of Interior, Bureau of Indian Affairs, for the purpose of receiving federal grants for the welfare and relief of Minnesota Indians.
History:
1965 c 886 s 23; 1984 c 654 art 5 s 58; 2005 c 10 art 1 s 44
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245 — Department Of Human Services › Section 245.765 — Reimbursement Of County For Certain Indian Welfare Costs.

245.765 REIMBURSEMENT OF COUNTY FOR CERTAIN INDIAN WELFARE COSTS.
Subdivision 1.
Reimbursement.
The commissioner of human services, to the extent that state and federal money is available therefor, shall reimburse any county for all welfare costs expended by the county to any Indian who is an enrolled member of the Red Lake Band of Chippewa Indians and resides upon the Red Lake Indian Reservation. The commissioner may advance payments to a county on an estimated basis subject to audit and adjustment at the end of each state fiscal year. Reimbursements shall be prorated if the state appropriation for this purpose is insufficient to provide full reimbursement.
Subd. 2.
Rules.
The commissioner may promulgate rules for the carrying out of the provisions of subdivision 1, and may negotiate for and accept grants from the United States for the purposes of this section.
History:
1971 c 935 s 1; 1981 c 360 art 1 s 20; 1984 c 654 art 5 s 58; 1986 c 444
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245 — Department Of Human Services › Section 245.771 — Supervision Of Supplemental Nutrition Assistance Program.

245.771 SUPERVISION OF SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM.
Subdivision 1.
Supervision of program.
The commissioner of human services shall supervise the Supplemental Nutrition Assistance Program (SNAP) to aid administration of the SNAP by local social services agencies pursuant to section 393.07, subdivision 10, to promote excellence of administration and program operation, and to ensure compliance with all federal laws and regulations so that all eligible persons are able to participate.
Subd. 2.
Waivers.
The commissioner of human services shall apply to the United States Department of Agriculture for waivers of monthly reporting and retrospective budgeting requirements.
Subd. 3.
Employment and training programs.
The commissioner of human services, in consultation with the commissioner of employment and economic development, is authorized to implement and allocate money to SNAP employment and training programs in as many counties as is necessary to meet federal participation requirements and comply with federal laws and regulations. The commissioner of human services may contract with the commissioner of employment and economic development to implement and supervise employment and training programs for SNAP benefit recipients that are required by federal regulations.
Subd. 4.
SNAP bonus awards.
In the event that Minnesota qualifies for the United States Department of Agriculture Food and Nutrition Service SNAP performance bonus awards, the funding is appropriated to the commissioner. The commissioner shall retain 25 percent of the funding and distribute the other 75 percent among the counties according to a formula that takes into account each county's impact on state performance in the applicable bonus categories.
History:
1986 c 404 s 9; 1988 c 689 art 2 s 98; 1989 c 282 art 5 s 4; 1994 c 483 s 1; 1994 c 631 s 31; 2004 c 206 s 52; 2007 c 147 art 19 s 14; 1Sp2019 c 9 art 1 s 42
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245 — Department Of Human Services › Section 245.802 — Facilities For People With Mental Illness; Rules.

245.802 FACILITIES FOR PEOPLE WITH MENTAL ILLNESS; RULES.
Subdivision 1.
[Repealed, 1987 c 333 s 20]
Subd. 1a.
[Repealed, 1987 c 333 s 20]
Subd. 1b.
Monitoring of facilities.
After June 30, 1989, no residential facility licensed by the commissioner of human services or the commissioner of health, other than facilities specifically licensed for people with mental illness, may have more than four residents with a diagnosis of mental illness. The commissioner of health, with the cooperation of the commissioner of human services, shall monitor licensed boarding care, board and lodging, and supervised living facilities to assure that this requirement is met. By January 1, 1989, the commissioner of health shall recommend to the legislature an appropriate mechanism for enforcing this requirement.
Subd. 2.
[Repealed, 1987 c 333 s 20]
Subd. 2a.
Specific review of rules.
The commissioner shall:
(1) provide in rule for various levels of care to address the residential treatment needs of persons with mental illness;
(2) review Category I and II programs established in Minnesota Rules, parts 9520.0500 to 9520.0670 to ensure that the categories of programs provide a continuum of residential service programs for persons with mental illness;
(3) provide in rule for a definition of the term "treatment" as used in relation to persons with mental illness;
(4) adjust funding mechanisms by rule as needed to reflect the requirements established by rule for services being provided;
(5) review and recommend staff educational requirements and staff training as needed; and
(6) review and make changes in rules relating to residential care and service programs for persons with mental illness as the commissioner may determine necessary.
Subd. 3.
[Repealed, 1987 c 333 s 20]
Subd. 4.
[Repealed, 1987 c 333 s 20]
Subd. 5.
Housing services for persons with mental illness.
The commissioner of human services shall study the housing needs of people with mental illness and shall articulate a continuum of services from residential treatment as the most intensive service through housing programs as the least intensive. The commissioner shall develop recommendations for implementing the continuum of services and shall present the recommendations to the legislature by January 31, 1988.
History:
1976 c 243 s 7; 1977 c 305 s 45; 1980 c 618 s 18; 1981 c 360 art 2 s 15; 1Sp1981 c 4 art 1 s 115; 1982 c 424 s 130; 1984 c 542 s 6; 1984 c 654 art 5 s 58; 1984 c 658 s 2; 1985 c 248 s 70; 1986 c 444; 1987 c 197 s 1-4; 1994 465 art 3 s 8; 2016 c 158 art 1 s 214
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245 — Department Of Human Services › Section 245.821 — Treatment Facilities For Persons With Disabilities.

245.821 TREATMENT FACILITIES FOR PERSONS WITH DISABILITIES.
Subdivision 1.
Notice required.
Notwithstanding any law to the contrary, no private or public facility for the treatment, housing, or counseling of more than five persons with mental illness, physical disability, developmental disability, as defined in section 252.27, subdivision 1a, substance use disorder, or another form of dependency, nor any correctional facility for more than five persons, shall be established without 30 days' written notice to the affected municipality or other political subdivision.
Subd. 2.
State funds available.
No state funds shall be made available to or be expended by any state or local agency for facilities or programs enumerated in this section unless and until the provisions of this section have been complied with in full.
History:
1974 c 274 s 3; 1985 c 21 s 5; 1992 c 464 art 1 s 55; 2005 c 56 s 1; 2022 c 98 art 4 s 51
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245 — Department Of Human Services › Section 245.825 — Aversive And Deprivation Procedures; Licensed Facilities And Services.

245.825 AVERSIVE AND DEPRIVATION PROCEDURES; LICENSED FACILITIES AND SERVICES.
Subdivision 1.
Rules governing aversive and deprivation procedures.
The commissioner of human services shall by October, 1983, promulgate rules governing the use of aversive and deprivation procedures in all licensed facilities and licensed services serving persons with developmental disabilities, as defined in section 252.27, subdivision 1a. No provision of these rules shall encourage or require the use of aversive and deprivation procedures. The rules shall prohibit: (1) the application of certain aversive and deprivation procedures in facilities except as authorized and monitored by the commissioner; (2) the use of aversive and deprivation procedures that restrict the consumers' normal access to nutritious diet, drinking water, adequate ventilation, necessary medical care, ordinary hygiene facilities, normal sleeping conditions, and necessary clothing; and (3) the use of faradic shock without a court order. The rule shall further specify that consumers may not be denied ordinary access to legal counsel and next of kin. In addition, the rule may specify other prohibited practices and the specific conditions under which permitted practices are to be carried out. For any persons receiving faradic shock, a plan to reduce and eliminate the use of faradic shock shall be in effect upon implementation of the procedure.
Subd. 1a.
[Repealed, 1999 c 86 art 2 s 6]
Subd. 1b.
Review and approval.
Notwithstanding the provisions of Minnesota Rules, parts 9525.2700 to 9525.2810, the commissioner may designate the county case manager to authorize the use of controlled procedures as defined in Minnesota Rules, parts 9525.2710, subpart 9, and 9525.2740, subparts 1 and 2, after review and approval by the interdisciplinary team and the internal review committee as required in Minnesota Rules, part 9525.2750, subparts 1a and 2. Use of controlled procedures must be reported to the commissioner in accordance with the requirements of Minnesota Rules, part 9525.2750, subpart 2a.
Subd. 2.
[Repealed, 1995 c 207 art 11 s 12]
History:
1982 c 637 s 1,2; 1984 c 654 art 5 s 58; 1985 c 21 s 6; 1987 c 110 s 1; 1992 c 464 art 1 s 55; 1995 c 207 art 11 s 4; 1999 c 86 art 2 s 3; 2005 c 56 s 1
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245 — Department Of Human Services › Section 245.826 — Use Of Restrictive Techniques And Procedures In Facilities Serving Emotionally Disturbed Children.

245.826 USE OF RESTRICTIVE TECHNIQUES AND PROCEDURES IN FACILITIES SERVING EMOTIONALLY DISTURBED CHILDREN.
When amending rules governing facilities serving emotionally disturbed children that are licensed under section 245A.09 and Minnesota Rules, parts 2960.0510 to 2960.0530 and 2960.0580 to 2960.0700, the commissioner of human services shall include provisions governing the use of restrictive techniques and procedures. No provision of these rules may encourage or require the use of restrictive techniques and procedures. The rules must prohibit: (1) the application of certain restrictive techniques or procedures in facilities, except as authorized in the child's case plan and monitored by the county caseworker responsible for the child; (2) the use of restrictive techniques or procedures that restrict the clients' normal access to nutritious diet, drinking water, adequate ventilation, necessary medical care, ordinary hygiene facilities, normal sleeping conditions, and necessary clothing; and (3) the use of corporal punishment. The rule may specify other restrictive techniques and procedures and the specific conditions under which permitted techniques and procedures are to be carried out.
History:
1990 c 542 s 6; 2016 c 158 art 1 s 86
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245 — Department Of Human Services › Section 245.891 — Opioid Overdose Surge Alert System.

245.891 OPIOID OVERDOSE SURGE ALERT SYSTEM.
The commissioner must establish a voluntary, statewide opioid overdose surge text message alert system to prevent opioid overdose by cautioning people to refrain from substance use or to use harm reduction strategies when there is an overdose surge in their surrounding area. The alert system may include other forms of electronic alerts. The commissioner may collaborate with local agencies, other state agencies, and harm reduction organizations to promote and improve the surge alert system.
History:
2023 c 61 art 5 s 5
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245 — Department Of Human Services › Section 245.90 — Court Awarded Funds, Disposition.

245.90 COURT AWARDED FUNDS, DISPOSITION.
The commissioner of human services shall notify the house of representatives Ways and Means and senate Finance Committees of the terms of any contractual arrangement entered into by the commissioner and the attorney general, pursuant to an order of any court of law, which provides for the receipt of funds by the commissioner.
Any funds recovered or received by the commissioner pursuant to an order of any court of law shall be placed in the general fund.
History:
1975 c 434 s 24; 1984 c 654 art 5 s 58; 2004 c 284 art 2 s 16
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245 — Department Of Human Services › Section 245.92 — Office Of Ombudsman; Creation; Qualifications; Function.

245.92 OFFICE OF OMBUDSMAN; CREATION; QUALIFICATIONS; FUNCTION.
The ombudsman for persons receiving services or treatment for mental illness, developmental disability, substance use disorder, or emotional disturbance shall promote the highest attainable standards of treatment, competence, efficiency, and justice. The ombudsman may gather information and data about decisions, acts, and other matters of an agency, facility, or program, and shall monitor the treatment of individuals participating in a University of Minnesota Department of Psychiatry clinical drug trial. The ombudsman is appointed by the governor, serves in the unclassified service, and may be removed only for just cause. The ombudsman must be selected without regard to political affiliation and must be a person who has knowledge and experience concerning the treatment, needs, and rights of clients, and who is highly competent and qualified. No person may serve as ombudsman while holding another public office.
History:
1987 c 352 s 3; 1988 c 543 s 4; 2005 c 56 s 1; 2008 c 219 s 3; 2016 c 189 art 1 s 22; 2022 c 98 art 4 s 51
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245 — Department Of Human Services › Section 245.93 — Organization Of Office Of Ombudsman.

245.93 ORGANIZATION OF OFFICE OF OMBUDSMAN.
Subdivision 1.
Staff.
The ombudsman may appoint a deputy and a confidential secretary in the unclassified service and may appoint other employees as authorized by the legislature. The ombudsman and the full-time staff are members of the Minnesota State Retirement Association.
Subd. 2.
Advocacy.
The function of mental health and developmental disability client advocacy in the Department of Human Services is transferred to the Office of Ombudsman according to section 15.039. The ombudsman shall maintain at least one client advocate in each regional center.
Subd. 3.
Delegation.
The ombudsman may delegate to members of the staff any authority or duties of the office except the duty of formally making recommendations to an agency or facility or reports to the governor or the legislature.
History:
1987 c 352 s 4; 2005 c 56 s 1
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245 — Department Of Human Services › Section 245.945 — Reimbursement To Ombudsman For Mental Health And Developmental Disabilities.

245.945 REIMBURSEMENT TO OMBUDSMAN FOR MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES.
The commissioner shall obtain federal financial participation for eligible activity by the ombudsman for mental health and developmental disabilities. The ombudsman shall maintain and transmit to the Department of Human Services documentation that is necessary in order to obtain federal funds.
History:
1Sp2003 c 14 art 6 s 3; 2005 c 56 s 1
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245 — Department Of Human Services › Section 245.95 — Recommendations And Reports To Governor.

245.95 RECOMMENDATIONS AND REPORTS TO GOVERNOR.
Subdivision 1.
Specific reports.
The ombudsman may send conclusions and suggestions concerning any matter reviewed to the governor. Before making public a conclusion or recommendation that expressly or implicitly criticizes an agency, facility, program, or any person, the ombudsman shall consult with the governor and the agency, facility, program, or person concerning the conclusion or recommendation. When sending a conclusion or recommendation to the governor that is adverse to an agency, facility, program, or any person, the ombudsman shall include any statement of reasonable length made by that agency, facility, program, or person in defense or mitigation of the office's conclusion or recommendation. For purposes of this subdivision, "agency, facility, program, or any person" includes the University of Minnesota Department of Psychiatry and its employees working in clinical drug trials.
Subd. 2.
General reports.
In addition to whatever conclusions or recommendations the ombudsman may make to the governor on an ad hoc basis, the ombudsman shall, at the end of each biennium, report to the governor concerning the exercise of the ombudsman's functions during the preceding biennium.
History:
1987 c 352 s 6; 1988 c 543 s 9; 1996 c 451 art 6 s 4; 2016 c 189 art 1 s 24
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245 — Department Of Human Services › Section 245.96 — Civil Actions.

245.96 CIVIL ACTIONS.
The ombudsman and designees of the ombudsman are not civilly liable for any action taken under sections 245.91 to 245.97 if the action was taken in good faith, was within the scope of the ombudsman's authority, and did not constitute willful or reckless misconduct.
History:
1986 c 444; 1987 c 352 s 7
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245 — Department Of Human Services › Section 245.982 — Program Support.

245.982 PROGRAM SUPPORT.
In order to address the problem of gambling in this state, the compulsive gambling fund should attempt to assess the beneficiaries of gambling, on a percentage basis according to the revenue they receive from gambling, for the costs of programs to help problem gamblers and their families. In that light, the governor is requested to contact the chairs of the 11 tribal governments in this state and request a contribution of funds for the compulsive gambling program. The governor should seek a total supplemental contribution of $643,000. Funds received from the tribal governments in this state shall be deposited in the Indian gaming revolving account.
History:
1998 c 407 art 8 s 5
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245 — Department Of Human Services › Section 245.99 — Adult Mental Illness Crisis Housing Assistance Program.

245.99 ADULT MENTAL ILLNESS CRISIS HOUSING ASSISTANCE PROGRAM.
Subdivision 1.
Creation.
The adult mental illness crisis housing assistance program is established in the Department of Human Services.
Subd. 2.
Rental assistance.
The program shall pay up to 90 days of housing assistance for persons with a serious mental illness who require inpatient or residential care for stabilization. The commissioner of human services may extend the length of assistance on a case-by-case basis.
Subd. 3.
Eligibility.
Housing assistance under this section is available only to persons of low or moderate income as determined by the commissioner.
Subd. 4.
Administration of crisis housing assistance.
The commissioner may contract with organizations or government units experienced in housing assistance to operate the program under this section. This program is not an entitlement. The commissioner may take any of the following steps whenever the commissioner projects that funds will be inadequate to meet demand in a given fiscal year:
(1) transfer funds from mental health grants in the same appropriation; and
(2) impose statewide restrictions as to the type and amount of assistance available to each recipient under this program, including reducing the income eligibility level, limiting reimbursement to a percentage of each recipient's costs, limiting housing assistance to 60 days per recipient, or closing the program for the remainder of the fiscal year.
History:
1999 c 245 art 4 s 8; 1Sp2001 c 9 art 9 s 19; 2002 c 379 art 1 s 113; 2016 c 189 art 16 s 3
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 245 — Department Of Human Services › Section 245.991 — Projects For Assistance In Transition From Homelessness Program.

245.991 PROJECTS FOR ASSISTANCE IN TRANSITION FROM HOMELESSNESS PROGRAM.
Subdivision 1.
Establishment.
The commissioner of human services must establish projects for assistance in transition from homelessness program to prevent or end homelessness for people with serious mental illness or co-occurring substance use disorder and ensure the commissioner achieves the goals of the housing mission statement in section 245.461, subdivision 4.
Subd. 2.
Eligible applicants.
An applicant for a grant under this section must be a nonprofit organization, county, or other entity that provides services to help individuals transition from homelessness.
Subd. 3.
Allowable grant activities.
Grantees must provide homeless outreach and case management services. Projects may provide clinical assessment, habilitation and rehabilitation services, community mental health services, substance use disorder treatment, housing transition and sustaining services, or direct assistance funding. Services must be provided to individuals with a serious mental illness, or with a co-occurring substance use disorder, and who are homeless or at imminent risk of homelessness. Individuals receiving homeless outreach services may be presumed eligible until a serious mental illness can be verified.
Subd. 4.
Outcomes.
(a) Grantees must submit an annual report to the commissioner for the purposes of evaluating the effectiveness of the grant program. The report must include:
(1) the number of individuals to whom the grantee provided homeless outreach services;
(2) the number of individuals the grantee enrolled in case management services;
(3) the number of individuals that were able to access mental health and substance use disorder treatment services; and
(4) the number of individuals that were able to transition from homelessness to housing.
(b) The commissioner must submit the results of the evaluation to the chairs and ranking minority members of the legislative committees with jurisdiction over mental health and homelessness.
Subd. 5.
Federal aid or grants.
The commissioner of human services must comply with all conditions and requirements necessary to receive federal aid or grants with respect to homeless services or programs as specified in section 245.70.
History:
2023 c 70 art 17 s 7