reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 246 — State-operated Services › Section 246.34 — Reburial.

246.34 REBURIAL.
Subdivision 1.
Requirements for reburial.
The commissioner of human services may remove the body of any person now buried in a cemetery situated upon the land belonging to the state for public institution purposes and rebury it in a cemetery created under the provisions of section 246.33, by complying with the provisions set forth in the following subdivisions of this section.
Subd. 2.
District court approval needed.
The commissioner shall petition the district court of the county wherein the present cemetery is situated setting forth the reasons for such removal, the place to which the body is to be removed, and praying for an order of the court authorizing such removal. Upon the presentation of such petition, the court shall make its order setting the time, which shall not be less than 60 days from the date of the order, and the place for hearing the same. The commissioner shall serve the nearest relative or, if the commissioner cannot locate any relative, some friend of the person whose body is to be removed by mailing a copy of the petition and court's order 30 days before the date of hearing and file the affidavit of mailing with the court administrator of district court. If the commissioner is unable to locate a relative or friend, the commissioner shall make an affidavit to that effect and file the same with the court administrator of district court.
Subd. 3.
Court order.
Upon the hearing of such petition, if the court determines that it is for the best interests of the public, the relatives and friends that such body be removed and that the same will be conducted in a manner commensurate with the methods commonly employed for the reburial of the dead in the community, the court shall make its order authorizing such removal, setting forth the time within which such removal shall be accomplished and the place to which the body is to be removed. Upon completion of such removal, the director shall cause the name of the person so removed to be entered in the register, together with the number of the lot in the cemetery and file an affidavit thereof with the court administrator of district court.
History:
1949 c 155 s 2; 1984 c 654 art 5 s 58; 1986 c 444; 1Sp1986 c 3 art 1 s 82
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 246 — State-operated Services › Section 246.35 — Abandonment Of Cemetery; Court Order.

246.35 ABANDONMENT OF CEMETERY; COURT ORDER.
If the court makes its order under the provisions of section 246.34 authorizing the removal of bodies from a cemetery and the same is accomplished in accordance with such order and the commissioner files affidavits of such removal as hereinbefore provided, together with an affidavit that the commissioner has caused a thorough search to be made, and there are no more dead bodies remaining in such cemetery to the best of the commissioner's knowledge, information and belief, the court may make its order authorizing the abandonment of such cemetery and thereby discontinue its use as such.
History:
1949 c 155 s 3; 1986 c 444
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 246 — State-operated Services › Section 246.36 — Acceptance Of Voluntary, Uncompensated Services.

246.36 ACCEPTANCE OF VOLUNTARY, UNCOMPENSATED SERVICES.
For the purpose of carrying out a duty, the commissioner of human services shall have authority to accept uncompensated and voluntary services and to enter into contracts or agreements with private or public agencies, or persons, for uncompensated and voluntary services, as the commissioner may deem practicable. Uncompensated and voluntary services do not include services mandated by licensure and certification requirements for health care facilities. The volunteer agencies, organizations, or persons who provide services to residents of state facilities operated under the authority of the commissioner are not subject to the procurement requirements of chapters 16A and 16C. The agencies, organizations, or persons may purchase supplies, services, and equipment to be used in providing services to residents of state facilities through the Department of Administration.
History:
1949 c 638 s 1; 1978 c 560 s 2; 1984 c 654 art 5 s 58; 1985 c 248 s 68; 1986 c 444; 1989 c 282 art 6 s 8; 1998 c 386 art 2 s 74
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 246 — State-operated Services › Section 246.41 — Benefit For Persons With Developmental Disabilities.

246.41 BENEFIT FOR PERSONS WITH DEVELOPMENTAL DISABILITIES.
Subdivision 1.
Acceptance.
The commissioner of human services is authorized to accept, for and in behalf of the state, contributions of money for the use and benefit of persons with developmental disabilities.
Subd. 2.
Special welfare fund.
Any money so received by the commissioner shall be deposited with the commissioner of management and budget in a special welfare fund, which fund is to be used by the commissioner of human services for the benefit of persons with developmental disabilities within the state, including those within state hospitals. And, without excluding other possible uses, research relating to persons with developmental disabilities shall be considered an appropriate use of such funds; but such funds shall not be used for any structures or installations which by their nature would require state expenditures for their operation or maintenance without specific legislative enactment therefor.
Subd. 3.
Appropriation.
There is hereby appropriated from the special welfare fund in the state treasury to such persons as are entitled thereto to carry out the provisions stated in this section.
History:
1953 c 519 s 1; 1959 c 158 s 17; 1983 c 10 s 1; 1984 c 654 art 5 s 58; 1985 c 21 s 13; 2003 c 112 art 2 s 50; 2005 c 56 s 1; 2009 c 101 art 2 s 109
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 246 — State-operated Services › Section 246.511 — Relative Responsibility.

246.511 RELATIVE RESPONSIBILITY.
Except for substance use disorder services paid for with funds provided under chapter 254B, a client's relatives shall not, pursuant to the commissioner's authority under section 246.51, be ordered to pay more than the following: (1) for services provided in a community-based service, the noncovered cost of care as determined under the ability to pay determination; and (2) for services provided at a regional treatment center operated by state-operated services, 20 percent of the cost of care, unless they reside outside the state. Parents of children in state facilities shall have their responsibility to pay determined according to section 252.27, subdivision 2, or in rules adopted under chapter 254B if the cost of care is paid under chapter 254B. The commissioner may accept voluntary payments in excess of 20 percent. The commissioner may require full payment of the full per capita cost of care in state facilities for clients whose parent, parents, spouse, guardian, or conservator do not reside in Minnesota.
History:
1Sp1981 c 2 s 17; 1982 c 641 art 1 s 7; 1984 c 530 s 1; 1985 c 21 s 15; 1987 c 299 s 2; 1987 c 403 art 2 s 52; 1989 c 282 art 2 s 218; 2009 c 79 art 3 s 6; 2022 c 98 art 4 s 51
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 246 — State-operated Services › Section 246.52 — Payment For Care; Order; Action.

246.52 PAYMENT FOR CARE; ORDER; ACTION.
The commissioner shall issue an order to the client or the guardian of the estate, if there be one, and relatives determined able to pay requiring them to pay to the state of Minnesota the amounts so determined the total of which shall not exceed the full cost of care. Such order shall specifically state the commissioner's determination and shall be conclusive unless appealed from as herein provided. When a client or relative fails to pay the amount due hereunder the attorney general, upon request of the commissioner, may institute, or direct the appropriate county attorney to institute, civil action to recover such amount.
History:
1959 c 578 s 3; 1985 c 21 s 16; 1986 c 444; 1989 c 282 art 2 s 218; 2009 c 79 art 3 s 7
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 246 — State-operated Services › Section 246.53 — Claim Against Estate Of Deceased Client.

246.53 CLAIM AGAINST ESTATE OF DECEASED CLIENT.
Subdivision 1.
Client's estate.
Upon the death of a client, or a former client, the total cost of care given the client, less the amount actually paid toward the cost of care by the client and the client's relatives, shall be filed by the commissioner as a claim against the estate of the client with the court having jurisdiction to probate the estate and all proceeds collected by the state in the case shall be divided between the state and county in proportion to the cost of care each has borne.
Subd. 2.
Preferred status.
An estate claim in subdivision 1 shall be considered an expense of the last illness for purposes of section 524.3-805.
If the commissioner of human services determines that the property or estate of any client is not more than needed to care for and maintain the spouse and minor or dependent children of a deceased client, the commissioner has the power to compromise the claim of the state in a manner deemed just and proper.
Subd. 3.
[Repealed, 2009 c 79 art 3 s 19]
Subd. 4.
Exception from statute of limitations.
Any statute of limitations that limits the commissioner in recovering the cost of care obligation incurred by a client or former client shall not apply to any claim against an estate made under this section to recover the cost of care.
History:
1959 c 578 s 4; 1969 c 205 s 2; 1981 c 31 s 5; 1982 c 641 art 1 s 8; 1984 c 654 art 5 s 58; 1985 c 21 s 17; 1989 c 282 art 2 s 218; 2012 c 216 art 12 s 6
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 246 — State-operated Services › Section 246.531 — Subrogation Of Insurance Settlements.

246.531 SUBROGATION OF INSURANCE SETTLEMENTS.
Subdivision 1.
Subrogation to client's rights.
The Department of Human Services shall be subrogated, to the extent of the cost of care for services given, to the rights a client who receives treatment or care at a state facility may have under private health care coverage. The right of subrogation does not attach to benefits paid or provided under private health care coverage before the carrier issuing the health care coverage receives written notice of the exercise of subrogation rights.
Subd. 2.
Civil action.
To recover under this section, the Department of Human Services, with counsel of the attorney general, may institute or join in a civil action against the carrier issuing the private health care coverage.
History:
1987 c 403 art 2 s 53; 1989 c 282 art 2 s 218
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 246 — State-operated Services › Section 246.55 — Appeal From Order Of Commissioner.

246.55 APPEAL FROM ORDER OF COMMISSIONER.
Clients or relatives aggrieved by an order of the commissioner under sections 246.50 to 246.55 may appeal from the order to the district court of the county in which they reside by serving notice of the appeal on the commissioner and filing the notice, with proof of service, in the office of the court administrator of the district court of the county within 30 days from the date the order was mailed, or a later date not exceeding one year from the date of mailing as permitted by order of the court. The appeal may be brought on for hearing by the appellant or the commissioner upon ten days' written notice. It shall be tried to the court which shall hear evidence it deems necessary and by order affirm or modify the order of the commissioner. When any order or determination of the commissioner made under sections 246.50 to 246.55 is brought in question on appeal, the order or determination shall be determined de novo. Appeal from the order of the district court may be taken as in other civil cases.
History:
1959 c 578 s 6; 1983 c 247 s 104; 1985 c 21 s 19; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 1989 c 282 art 2 s 218
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 246 — State-operated Services › Section 246.57 — Shared Service Agreements.

246.57 SHARED SERVICE AGREEMENTS.
Subdivision 1.
Authorized.
The commissioner of human services may authorize any state-operated services to enter into agreement with other governmental entities and both nonprofit and for-profit organizations for participation in shared service agreements that would be of mutual benefit to the state, other governmental entities and organizations involved, and the public. Positions funded by a shared service agreement are authorized for the duration of the shared service agreement. The charges for the services shall be on an actual cost basis. All receipts for shared services may be retained by the state-operated service that provided the services.
Subd. 2.
[Repealed, 1997 c 7 art 2 s 67]
Subd. 3.
[Repealed, 1987 c 234 s 4]
Subd. 4.
Shared staff or services.
The commissioner of human services may authorize a state-operated services to provide staff or services to Camp Confidence in return for services to, or use of the camp's facilities by, residents of the facility who have developmental disabilities.
Subd. 5.
[Repealed, 2013 c 59 art 2 s 17]
Subd. 6.
Dental services.
The commissioner of human services shall authorize any state-operated services facility under the commissioner's authority to provide dental services to persons with a disability who are eligible for medical assistance and are not residing at the regional treatment center or state-operated nursing home, provided that the reimbursement received for these services is sufficient to cover actual costs. To provide these services, regional treatment centers and state-operated nursing homes may participate under contract with health networks in their service area. All receipts for these dental services shall be retained by the regional treatment center or state-operated nursing home that provides the services and shall be in addition to other funding the regional treatment center or state-operated nursing home receives.
History:
1976 c 163 s 47; 1982 c 530 s 1; 1983 c 312 art 1 s 20; 1984 c 654 art 5 s 58; 1985 c 213 s 1; 1987 c 234 s 1-3; 1987 c 403 art 2 s 54; 1989 c 282 art 6 s 9; 1996 c 451 art 6 s 6; 1998 c 386 art 2 s 75,76; 1Sp2003 c 14 art 6 s 29-31; 2005 c 56 s 1; 2017 c 40 art 1 s 121
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 246 — State-operated Services › Section 246.60 — Consolidation; Employees.

246.60 CONSOLIDATION; EMPLOYEES.
When institutions under the control of the commissioner of human services or the commissioner of corrections are consolidated, the commissioner of management and budget and the commissioner of administration shall direct the department incorporating the consolidation and any other state department or agency, as necessary, to employ the affected employees at no loss in salary. The commissioner of management and budget shall temporarily suspend any rules or laws to accommodate these provisions. Any department or agency that employs an affected employee is authorized to temporarily exceed its approved complement. The commissioner of management and budget shall develop procedures to insure that moving expenses are reimbursed for those employees who relocate pursuant to the consolidation.
History:
1976 c 163 s 50; 1980 c 617 s 47; 1984 c 654 art 5 s 58; 2008 c 204 s 42; 2009 c 101 art 2 s 109
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 246 — State-operated Services › Section 246.70 — Services To Families.

246.70 SERVICES TO FAMILIES.
(a) The commissioner shall publicize the planned changes to the facilities operated by the commissioner. A parent, other involved family member, private guardian, or health care agent of a resident of a facility must be notified of the changes planned for each facility. When new services developed for a person require the person to move, the commissioner shall provide each parent, family member, health care agent, and guardian of that person with the following:
(1) names and telephone numbers of the state and county contacts;
(2) information on types of services to be developed;
(3) information on how the individual planning process works, including how alternative placements will be determined, and how family members can be involved;
(4) information on the process to be followed when a parent, other family member, health care agent, or guardian disagrees with the proposed services; and
(5) a list of additional resources such as advocates, local volunteer coordinators, and family groups.
(b) At least one staff person in each facility must be available to provide information about:
(1) community placements;
(2) the opportunity for interested family members, guardians, and health care agents to participate in program planning; and
(3) family support groups.
History:
1989 c 282 art 6 s 10; 2009 c 108 s 6
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 246 — State-operated Services › Section 246.71 — Definitions.

246.71 DEFINITIONS.
Subdivision 1.
Scope.
For purposes of sections 246.71 to 246.722, the following terms have the meanings given them.
Subd. 2.
Blood-borne pathogens.
"Blood-borne pathogens" means pathogenic microorganisms that are present in human blood and can cause disease in humans. These pathogens include, but are not limited to, hepatitis B virus (HBV), hepatitis C virus (HCV), and human immunodeficiency virus (HIV).
Subd. 3.
Patient.
"Patient" means any person who is receiving treatment from or committed to a secure treatment facility.
Subd. 4.
Employee of a secure treatment facility or employee.
"Employee of a secure treatment facility" or "employee" means an employee of the Minnesota Security Hospital or a secure treatment facility operated by the Minnesota Sex Offender Program.
Subd. 5.
Secure treatment facility.
"Secure treatment facility" means the Minnesota Security Hospital and the Minnesota Sex Offender Program facility in Moose Lake and any portion of the Minnesota Sex Offender Program operated by the Minnesota Sex Offender Program at the Minnesota Security Hospital.
Subd. 6.
Significant exposure.
"Significant exposure" means contact likely to transmit a blood-borne pathogen, in a manner supported by the most current guidelines and recommendations of the United States Public Health Service at the time an evaluation takes place, that includes:
(1) percutaneous injury, contact of mucous membrane or nonintact skin, or prolonged contact of intact skin; and
(2) contact, in a manner that may transmit a blood-borne pathogen, with blood, tissue, or potentially infectious body fluids.
History:
2000 c 422 s 40; 1Sp2003 c 14 art 6 s 32,33
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 246 — State-operated Services › Section 246.711 — Conditions For Applicability Of Procedures.

246.711 CONDITIONS FOR APPLICABILITY OF PROCEDURES.
Subdivision 1.
Request for procedures.
An employee of a secure treatment facility may request that the procedures of sections 246.71 to 246.722 be followed when the employee may have experienced a significant exposure to a patient.
Subd. 2.
Conditions.
The secure treatment facility shall follow the procedures in sections 246.71 to 246.722 when all of the following conditions are met:
(1) a licensed physician, advanced practice registered nurse, or physician assistant determines that a significant exposure has occurred following the protocol under section 246.721;
(2) the licensed physician, advanced practice registered nurse, or physician assistant for the employee needs the patient's blood-borne pathogens test results to begin, continue, modify, or discontinue treatment in accordance with the most current guidelines of the United States Public Health Service, because of possible exposure to a blood-borne pathogen; and
(3) the employee consents to providing a blood sample for testing for a blood-borne pathogen.
History:
2000 c 422 s 41; 2020 c 115 art 4 s 91; 2022 c 58 s 113
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 246 — State-operated Services › Section 246.712 — Information Required To Be Given To Individuals.

246.712 INFORMATION REQUIRED TO BE GIVEN TO INDIVIDUALS.
Subdivision 1.
Information to patient.
(a) Before seeking any consent required by the procedures under sections 246.71 to 246.722, a secure treatment facility shall inform the patient that the patient's blood-borne pathogen test results, without the patient's name or other uniquely identifying information, shall be reported to the employee if requested and that test results collected under sections 246.71 to 246.722 are for medical purposes as set forth in section 246.718 and may not be used as evidence in any criminal proceedings or civil proceedings, except for procedures under sections 144.4171 to 144.4186.
(b) The secure treatment facility shall inform the patient of the insurance protections in section 72A.20, subdivision 29.
(c) The secure treatment facility shall inform the patient that the patient may refuse to provide a blood sample and that the patient's refusal may result in a request for a court order to require the patient to provide a blood sample.
(d) The secure treatment facility shall inform the patient that the secure treatment facility will advise the employee of a secure treatment facility of the confidentiality requirements and penalties before the employee's health care provider discloses any test results.
Subd. 2.
Information to secure treatment facility employee.
(a) Before disclosing any information about the patient, the secure treatment facility shall inform the employee of a secure treatment facility of the confidentiality requirements of section 246.719 and that the person may be subject to penalties for unauthorized release of test results about the patient under section 246.72.
(b) The secure treatment facility shall inform the employee of the insurance protections in section 72A.20, subdivision 29.
History:
2000 c 422 s 42
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 246 — State-operated Services › Section 246.713 — Disclosure Of Positive Blood-borne Pathogen Test Results.

246.713 DISCLOSURE OF POSITIVE BLOOD-BORNE PATHOGEN TEST RESULTS.
If the conditions of sections 246.711 and 246.712 are met, the secure treatment facility shall ask the patient if the patient has ever had a positive test for a blood-borne pathogen. The secure treatment facility must attempt to get existing test results under this section before taking any steps to obtain a blood sample or to test for blood-borne pathogens. The secure treatment facility shall disclose the patient's blood-borne pathogen test results to the employee without the patient's name or other uniquely identifying information.
History:
2000 c 422 s 43
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 246 — State-operated Services › Section 246.714 — Consent Procedures Generally.

246.714 CONSENT PROCEDURES GENERALLY.
(a) For purposes of sections 246.71 to 246.722, whenever the secure treatment facility is required to seek consent, the secure treatment facility shall obtain consent from a patient or a patient's representative consistent with other law applicable to consent.
(b) Consent is not required if the secure treatment facility has made reasonable efforts to obtain the representative's consent and consent cannot be obtained within 24 hours of a significant exposure.
(c) If testing of available blood occurs without consent because the patient is unconscious or unable to provide consent, and a representative cannot be located, the secure treatment facility shall provide the information required in section 246.712 to the patient or representative whenever it is possible to do so.
(d) If a patient dies before an opportunity to consent to blood collection or testing under sections 246.71 to 246.722, the secure treatment facility does not need consent of the patient's representative for purposes of sections 246.71 to 246.722.
History:
2000 c 422 s 44
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 246 — State-operated Services › Section 246.715 — Testing Of Available Blood.

246.715 TESTING OF AVAILABLE BLOOD.
Subdivision 1.
Procedures with consent.
If a sample of the patient's blood is available, the secure treatment facility shall ensure that blood is tested for blood-borne pathogens with the consent of the patient, provided the conditions in sections 246.711 and 246.712 are met.
Subd. 2.
Procedures without consent.
If the patient has provided a blood sample, but does not consent to blood-borne pathogens testing, the secure treatment facility shall ensure that the blood is tested for blood-borne pathogens if the employee requests the test, provided all of the following criteria are met:
(1) the employee and secure treatment facility have documented exposure to blood or body fluids during performance of the employee's work duties;
(2) a licensed physician, advanced practice registered nurse, or physician assistant has determined that a significant exposure has occurred under section 246.711 and has documented that blood-borne pathogen test results are needed for beginning, modifying, continuing, or discontinuing medical treatment for the employee as recommended by the most current guidelines of the United States Public Health Service;
(3) the employee provides a blood sample for testing for blood-borne pathogens as soon as feasible;
(4) the secure treatment facility asks the patient to consent to a test for blood-borne pathogens and the patient does not consent;
(5) the secure treatment facility has provided the patient and the employee with all of the information required by section 246.712; and
(6) the secure treatment facility has informed the employee of the confidentiality requirements of section 246.719 and the penalties for unauthorized release of patient information under section 246.72.
Subd. 3.
Follow-up.
The secure treatment facility shall inform the patient whose blood was tested of the results. The secure treatment facility shall inform the employee's health care provider of the patient's test results without the patient's name or other uniquely identifying information.
History:
2000 c 422 s 45; 2020 c 115 art 4 s 92; 2022 c 58 s 114
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 246 — State-operated Services › Section 246.717 — No Discrimination.

246.717 NO DISCRIMINATION.
A secure treatment facility shall not withhold care or treatment on the requirement that the patient consent to blood-borne pathogen testing under sections 246.71 to 246.722.
History:
2000 c 422 s 47
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 246 — State-operated Services › Section 246.718 — Use Of Test Results.

246.718 USE OF TEST RESULTS.
Blood-borne pathogen test results of a patient obtained under sections 246.71 to 246.722 are for diagnostic purposes and to determine the need for treatment or medical care specific to a blood-borne pathogen-related illness. The test results may not be used as evidence in any criminal proceedings or civil proceedings, except for procedures under sections 144.4171 to 144.4186.
History:
2000 c 422 s 48
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 246 — State-operated Services › Section 246.719 — Test Information Confidentiality.

246.719 TEST INFORMATION CONFIDENTIALITY.
Test results obtained under sections 246.71 to 246.722 are private data as defined in sections 13.02, subdivision 12, and 13.85, subdivision 2, but shall be released as provided by sections 246.71 to 246.722.
History:
2000 c 422 s 49
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 246 — State-operated Services › Section 246.72 — Penalty For Unauthorized Release Of Information.

246.72 PENALTY FOR UNAUTHORIZED RELEASE OF INFORMATION.
Unauthorized release of the patient's name or other uniquely identifying information under sections 246.71 to 246.722 is subject to the remedies and penalties under sections 13.08 and 13.09. This section does not preclude private causes of action against an individual, state agency, statewide system, political subdivision, or person responsible for releasing private data, or confidential or private information on the inmate.
History:
2000 c 422 s 50
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 246 — State-operated Services › Section 246.721 — Protocol For Exposure To Blood-borne Pathogens.

246.721 PROTOCOL FOR EXPOSURE TO BLOOD-BORNE PATHOGENS.
(a) A secure treatment facility shall follow applicable Occupational Safety and Health Administration guidelines under Code of Federal Regulations, title 29, part 1910.1030, for blood-borne pathogens.
(b) Every secure treatment facility shall adopt and follow a postexposure protocol for employees at a secure treatment facility who have experienced a significant exposure. The postexposure protocol must adhere to the most current recommendations of the United States Public Health Service and include, at a minimum, the following:
(1) a process for employees to report an exposure in a timely fashion;
(2) a process for an infectious disease specialist, or a licensed physician, advanced practice registered nurse, or physician assistant who is knowledgeable about the most current recommendations of the United States Public Health Service in consultation with an infectious disease specialist, (i) to determine whether a significant exposure to one or more blood-borne pathogens has occurred, and (ii) to provide, under the direction of a licensed physician, advanced practice registered nurse, or physician assistant, a recommendation or recommendations for follow-up treatment appropriate to the particular blood-borne pathogen or pathogens for which a significant exposure has been determined;
(3) if there has been a significant exposure, a process to determine whether the patient has a blood-borne pathogen through disclosure of test results, or through blood collection and testing as required by sections 246.71 to 246.722;
(4) a process for providing appropriate counseling prior to and following testing for a blood-borne pathogen regarding the likelihood of blood-borne pathogen transmission and follow-up recommendations according to the most current recommendations of the United States Public Health Service, recommendations for testing, and treatment;
(5) a process for providing appropriate counseling under clause (4) to the employee of a secure treatment facility and to the patient; and
(6) compliance with applicable state and federal laws relating to data practices, confidentiality, informed consent, and the patient bill of rights.
History:
2000 c 422 s 51; 2020 c 115 art 4 s 94; 2022 c 58 s 116
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 246 — State-operated Services › Section 246.722 — Immunity.

246.722 IMMUNITY.
A secure treatment facility, licensed physician, advanced practice registered nurse, physician assistant, and designated health care personnel are immune from liability in any civil, administrative, or criminal action relating to the disclosure of test results of a patient to an employee of a secure treatment facility and the testing of a blood sample from the patient for blood-borne pathogens if a good faith effort has been made to comply with sections 246.71 to 246.722.
History:
2000 c 422 s 52; 2020 c 115 art 4 s 95; 2022 c 58 s 117
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 246B — Sex Offender Program › Section 246B.02 — Establishment Of Minnesota Sex Offender Program.

246B.02 ESTABLISHMENT OF MINNESOTA SEX OFFENDER PROGRAM.
The commissioner of human services shall establish and maintain the Minnesota Sex Offender Program. The program shall provide specialized sex offender assessment, diagnosis, care, treatment, supervision, and other services to civilly committed sex offenders as defined in section 246B.01, subdivision 1a. Services may include specialized programs at secure treatment facilities as defined in section 253D.02, subdivision 13, consultative services, aftercare services, community-based services and programs, transition services, or other services consistent with the mission of the Department of Human Services.
History:
1Sp1993 c 1 art 7 s 28; 1Sp1994 c 1 art 2 s 26; 1Sp2003 c 14 art 6 s 34; 2008 c 326 art 2 s 2; 2009 c 111 s 8; 2010 c 300 s 5; 2013 c 49 s 22
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 246B — Sex Offender Program › Section 246B.03 — Licensure, Evaluation, And Grievance Resolution.

246B.03 LICENSURE, EVALUATION, AND GRIEVANCE RESOLUTION.
Subdivision 1.
Licensure.
The commissioner of human services shall apply to the commissioner of health to license the secure treatment facilities operated by the Minnesota Sex Offender Program as supervised living facilities with applicable program licensing standards.
Subd. 2.
MS 2020 [Repealed, 2022 c 98 art 14 s 33]
Subd. 3.
Civilly committed sex offender grievance resolution process.
(a) The executive director shall establish a grievance policy and related procedures that address and attempt to resolve civilly committed sex offender concerns and complaints. The grievance resolution process must include procedures for assessing or investigating a civilly committed sex offender's concerns or complaints, for attempting to resolve issues informally, and for appealing for a review and determination by the executive director or designee.
(b) Any civilly committed sex offender who believes a right that is applicable to an individual under section 144.651 has been violated may file a grievance under paragraph (a) and attempt to resolve the issue internally, or by a complaint with the Minnesota Department of Health, Office of Health Facility Complaints, or both. Complaints filed with the Office of Health Facility Complaints under this paragraph must be processed according to section 144.652.
History:
1Sp1993 c 1 art 7 s 29; 1Sp1994 c 1 art 2 s 27; 1Sp2003 c 14 art 6 s 35; 2009 c 111 s 9; 2010 c 300 s 6,7
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 246B — Sex Offender Program › Section 246B.04 — Rules; Evaluation.

246B.04 RULES; EVALUATION.
Subdivision 1.
Program rules and evaluation.
The commissioner of human services shall adopt rules to govern the operation, maintenance, and licensure of secure treatment facilities operated by the Minnesota Sex Offender Program or at any other facility operated by the commissioner, for a person committed as a sexual psychopathic personality or a sexually dangerous person. The commissioner shall establish an evaluation process to measure outcomes and behavioral changes as a result of treatment compared with incarceration without treatment, to determine the value, if any, of treatment in protecting the public.
Subd. 2.
Ban on obscene material or pornographic work.
The commissioner shall prohibit persons civilly committed as sexual psychopathic personalities or sexually dangerous persons under chapter 253D from having or receiving material that is obscene as defined under section 617.241, subdivision 1, material that depicts sexual conduct as defined under section 617.241, subdivision 1, or pornographic work as defined under section 617.246, subdivision 1, while receiving services in any secure treatment facilities operated by the Minnesota Sex Offender Program or any other facilities operated by the commissioner.
Subd. 3.
Access to data.
The Minnesota Sex Offender Program shall have access to private data contained in the statewide supervision system under section 241.065, as necessary for the administration and management of current civilly committed sex offenders for the purposes of admissions, treatment, security, and supervision. The program shall develop a policy to allow individuals who conduct assessment, develop treatment plans, oversee security, or develop reintegration plans to have access to the data. The commissioner of corrections shall conduct periodic audits to determine whether the policy is being followed.
History:
1Sp1993 c 1 art 7 s 30; 1994 c 529 s 3; 1Sp1994 c 1 art 2 s 28; 1Sp2003 c 14 art 6 s 36; 2004 c 134 s 2; 2005 c 10 art 1 s 45; 2009 c 111 s 11; 2010 c 300 s 8; 2013 c 49 s 22
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 246B — Sex Offender Program › Section 246B.05 — Minnesota Sex Offender Program; Vocational Work Program Option.

246B.05 MINNESOTA SEX OFFENDER PROGRAM; VOCATIONAL WORK PROGRAM OPTION.
Subdivision 1.
Vocational work program option.
The commissioner of human services shall develop a vocational work program for persons admitted to the Minnesota Sex Offender Program. The vocational work program is an extension of therapeutic treatment in order for civilly committed sex offenders to learn valuable work skills and work habits while contributing to their cost of care. The vocational work program may include work maintaining the center or work that is brought to the center by an outside source. The earnings generated from the vocational work program must be deposited into the account created in subdivision 2.
Subd. 2.
Minnesota Sex Offender Program; vocational work program account.
A vocational work program account is created in the state treasury. Money collected by the commissioner of human services for the program under this section must be deposited in this account. Money in the account is appropriated to the commissioner for purposes of this section.
Subd. 3.
Money.
The commissioner has the authority to collect money resulting from the vocational work program for reinvestment within the program.
History:
2004 c 288 art 3 s 12; 2009 c 111 s 12; 2010 c 300 s 9
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 246B — Sex Offender Program › Section 246B.07 — Payment For Care And Treatment; Determination.

246B.07 PAYMENT FOR CARE AND TREATMENT; DETERMINATION.
Subdivision 1.
Procedures.
The commissioner shall determine or redetermine, if necessary, what amount of the cost of care, if any, the civilly committed sex offender is able to pay. The civilly committed sex offender shall provide to the commissioner documents and proof necessary to determine the ability to pay. Failure to provide the commissioner with sufficient information to determine ability to pay may make the civilly committed sex offender liable for the full cost of care until the time when sufficient information is provided.
Subd. 2.
Rules.
The commissioner shall use the standards in section 246.51, subdivision 2, to determine the civilly committed sex offender's liability for the care provided by the Minnesota Sex Offender Program.
Subd. 3.
Applicability.
The commissioner may recover, under sections 246B.07 to 246B.10, the cost of any care provided by the Minnesota Sex Offender Program.
History:
2009 c 79 art 3 s 13; 2010 c 300 s 14,15
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 246B — Sex Offender Program › Section 246B.08 — Payment For Care; Order; Action.

246B.08 PAYMENT FOR CARE; ORDER; ACTION.
The commissioner shall issue an order to the civilly committed sex offender or the guardian of the estate, if there is one, requiring the civilly committed sex offender or guardian to pay to the state the amounts determined, the total of which must not exceed the full cost of care. The order must specifically state the commissioner's determination and must be conclusive, unless appealed. If a civilly committed sex offender fails to pay the amount due, the attorney general, upon request of the commissioner, may institute, or direct the appropriate county attorney to institute, a civil action to recover the amount.
History:
2009 c 79 art 3 s 14; 2010 c 300 s 16
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 246B — Sex Offender Program › Section 246B.09 — Claim Against Estate Of Deceased Civilly Committed Sex Offender.

246B.09 CLAIM AGAINST ESTATE OF DECEASED CIVILLY COMMITTED SEX OFFENDER.
Subdivision 1.
Estate of a civilly committed sex offender.
Upon the death of a civilly committed sex offender, or a former civilly committed sex offender, the total cost of care provided to the individual, less the amount actually paid toward the cost of care by the civilly committed sex offender, must be filed by the commissioner as a claim against the estate of the civilly committed sex offender with the court having jurisdiction to probate the estate, and all proceeds collected by the state in the case must be divided between the state and county in proportion to the cost of care each has borne.
Subd. 2.
Preferred status.
An estate claim in subdivision 1 must be considered an expense of the last illness for purposes of section 524.3-805.
If the commissioner determines that the property or estate of a civilly committed sex offender is not more than needed to care for and maintain the spouse and minor or dependent children of a deceased civilly committed sex offender, the commissioner has the power to compromise the claim of the state in a manner deemed just and proper.
Subd. 3.
Exception from statute of limitations.
Any statute of limitations that limits the commissioner in recovering the cost of care obligation incurred by a civilly committed sex offender or former civilly committed sex offender must not apply to any claim against an estate made under this section to recover cost of care.
History:
2009 c 79 art 3 s 15; 2010 c 300 s 17
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 246B — Sex Offender Program › Section 246B.10 — Liability Of County; Reimbursement.

246B.10 LIABILITY OF COUNTY; REIMBURSEMENT.
(a) The civilly committed sex offender's county shall pay to the state a portion of the cost of care provided in the Minnesota Sex Offender Program to a civilly committed sex offender who has legally settled in that county.
(b) A county's payment must be made from the county's own sources of revenue and payments must:
(1) equal ten percent of the cost of care, as determined by the commissioner, for each day or portion of a day that the civilly committed sex offender spends at the facility for individuals admitted to the Minnesota Sex Offender Program before August 1, 2011; or
(2) equal 25 percent of the cost of care, as determined by the commissioner, for each day or portion of a day that the civilly committed sex offender:
(i) spends at the facility for individuals admitted to the Minnesota Sex Offender Program on or after August 1, 2011; or
(ii) receives services within a program operated by the Minnesota Sex Offender Program while on provisional discharge.
(c) The county is responsible for paying the state the remaining amount if payments received by the state under this chapter exceed:
(1) 90 percent of the cost of care for individuals admitted to the Minnesota Sex Offender Program before August 1, 2011; or
(2) 75 percent of the cost of care for individuals:
(i) admitted to the Minnesota Sex Offender Program on or after August 1, 2011; or
(ii) receiving services within a program operated by the Minnesota Sex Offender Program while on provisional discharge.
(d) The county is not entitled to reimbursement from the civilly committed sex offender, the civilly committed sex offender's estate, or from the civilly committed sex offender's relatives, except as provided in section 246B.07.
History:
2009 c 79 art 3 s 16; 2010 c 300 s 18; 1Sp2011 c 9 art 8 s 1; 1Sp2019 c 9 art 3 s 2
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 246C — Department Of Direct Care And Treatment › Section 246C.02 — Department Of Direct Care And Treatment; Establishment.

246C.02 DEPARTMENT OF DIRECT CARE AND TREATMENT; ESTABLISHMENT.
(a) The Department of Direct Care and Treatment is created. An executive board shall head the Department of Direct Care and Treatment. The executive board shall develop and maintain direct care and treatment in a manner consistent with applicable law, including chapters 13, 245, 246, 246B, 252, 253, 253B, 253C, 253D, 254A, 254B, and 256. The Department of Direct Care and Treatment shall provide direct care and treatment services in coordination with counties and other vendors. Direct care and treatment services shall include specialized inpatient programs at secure treatment facilities as defined in sections 253B.02, subdivision 18a, and 253D.02, subdivision 13; community preparation services; regional treatment centers; enterprise services; consultative services; aftercare services; community-based services and programs; transition services; nursing home services; and other services consistent with the mission of the Department of Direct Care and Treatment.
(b) "Community preparation services" means specialized inpatient or outpatient services or programs operated outside of a secure environment but administered by a secure treatment facility.
History:
2023 c 61 art 8 s 8
NOTE:
This section, as added by Laws 2023, chapter 61, article 8, section 8, is effective January 1, 2025. Laws 2023, chapter 61, article 8, section 8, the effective date.
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 246C — Department Of Direct Care And Treatment › Section 246C.03 — Transition Of Authority; Development Of A Board.

246C.03 TRANSITION OF AUTHORITY; DEVELOPMENT OF A BOARD.
Subdivision 1.
Authority until board is developed and powers defined.
On July 1, 2023, the commissioner of human services shall continue to exercise all authorities and responsibilities under chapters 13, 245, 246, 246B, 252, 253, 253B, 253C, 253D, 254A, 254B, and 256, until legislation is effective that develops the Department of Direct Care and Treatment executive board and defines the responsibilities and powers of the Department of Direct Care and Treatment and its executive board.
Subd. 2.
Development of Department of Direct Care and Treatment Board.
(a) The commissioner of human services shall prepare legislation for introduction during the 2024 legislative session, with input from stakeholders the commissioner deems necessary, proposing legislation for the creation and implementation of the Direct Care and Treatment executive board and defining the responsibilities, powers, and function of the Department of Direct Care and Treatment executive board.
(b) The Department of Direct Care and Treatment executive board shall consist of no more than five members, all appointed by the governor.
(c) An executive board member's qualifications must be appropriate for overseeing a complex behavioral health system, such as experience serving on a hospital or non-profit board, serving as a public sector labor union representative, experience in delivery of behavioral health services or care coordination, or working as a licensed health care provider, in an allied health profession, or in health care administration.
History:
2023 c 61 art 8 s 9