HF 824

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/27/2023 04:38pm

A bill for an act
relating to corrections; providing for different discharge plans from county jails;
providing for county reentry coordination programs; appropriating money;
amending Minnesota Statutes 2022, sections 241.021, subdivision 1d; 641.15,
subdivision 2; 641.155.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2022, section 241.021, subdivision 1d, is amended to read:

Subd. 1d.

Public notice of restriction, revocation, or suspension.

If the license of a
facility under this section is revoked or suspended, or use of the facility is restricted for any
reason under a conditional license order, new text begin or a correction order is issued to a facility, new text end the
commissioner shall post the facility, the status of the facility's license, and the reason for
the new text begin correction order, new text end restriction, revocation, or suspension publicly and on the department's
website.

Sec. 2.

Minnesota Statutes 2022, section 641.15, subdivision 2, is amended to read:

Subd. 2.

Medical aid.

Except as provided in section 466.101, the county board shall
pay the costs of medical services provided to prisoners pursuant to this section. The amount
paid by the county board for a medical service shall not exceed the maximum allowed
medical assistance payment rate for the service, as determined by the commissioner of
human services. In the absence of a health or medical insurance or health plan that has a
contractual obligation with the provider or the prisoner, medical providers shall charge no
higher than the rate negotiated between the county and the provider. In the absence of an
agreement between the county and the provider, the provider may not charge an amount
that exceeds the maximum allowed medical assistance payment rate for the service, as
determined by the commissioner of human services. The county is entitled to reimbursement
from the prisoner for payment of medical bills to the extent that the prisoner to whom the
medical aid was provided has the ability to pay the bills. The prisoner shall, at a minimum,
incur co-payment obligations for health care services provided by a county correctional
facility. The county board shall determine the co-payment amount. Notwithstanding any
law to the contrary, the co-payment shall be deducted from any of the prisoner's funds held
by the county, to the extent possible. If there is a disagreement between the county and a
prisoner concerning the prisoner's ability to pay, the court with jurisdiction over the defendant
shall determine the extent, if any, of the prisoner's ability to pay for the medical services.
If a prisoner is covered by health or medical insurance or other health plan when medical
services are provided, the medical provider shall bill that health or medical insurance or
other plan. If the county providing the medical services for a prisoner that has coverage
under health or medical insurance or other plan, that county has a right of subrogation to
be reimbursed by the insurance carrier for all sums spent by it for medical services to the
prisoner that are covered by the policy of insurance or health plan, in accordance with the
benefits, limitations, exclusions, provider restrictions, and other provisions of the policy or
health plan. The county may maintain an action to enforce this subrogation right. The county
does not have a right of subrogation against the medical assistance program. new text begin The county
shall not charge prisoners for telephone calls to MNsure navigators, the Minnesota Warmline,
a mental health provider, or calls for the purpose of providing case management or mental
health services as defined in section 245.462 to prisoners.
new text end

Sec. 3.

Minnesota Statutes 2022, section 641.155, is amended to read:

641.155 DISCHARGE PLANS deleted text begin ; OFFENDERS WITH SERIOUS AND PERSISTENT
MENTAL ILLNESS deleted text end .

new text begin Subdivision 1. new text end

new text begin Discharge plans. new text end

The commissioner of corrections shall develop new text begin and
distribute new text end a model discharge planning process for every deleted text begin offender with a serious and persistent
mental illness, as defined in section 245.462, subdivision 20, paragraph (c), who has been
convicted and sentenced to serve three or more months and is being released from a deleted text end county
jail or county regional jail. new text begin The commissioner may specify different model discharge plans
for prisoners who have been detained pretrial and prisoners who have been sentenced to
jail. The commissioner must consult best practices and the most current correctional health
care standards from national accrediting organizations. The commissioner must review and
update the model process as needed.
new text end

new text begin Subd. 2. new text end

new text begin Discharge plans for people with serious and persistent mental illnesses. new text end

deleted text begin An
offender deleted text end new text begin A person new text end with a serious and persistent mental illness, as defined in section 245.462,
subdivision 20, paragraph (c), who has been convicted and sentenced to serve three or more
months and is being released from a county jail or county regional jail shall be referred to
the appropriate staff in the county human services department at least 60 days before being
released. The county human services department deleted text begin may carry out provisions of the model
discharge planning process such as deleted text end new text begin must complete a discharge plan with the prisoner no
less than 14 days before release including new text end :

(1) providing assistance in filling out an application for medical assistance or
MinnesotaCare;

(2) making a referral for case management as outlined under section 245.467, subdivision
4;

(3) providing assistance in obtaining a state photo identification;

(4) securing a timely appointment with a psychiatrist or other appropriate community
mental health providers; and

(5) providing prescriptions for a 30-day supply of all necessary medications.

new text begin Subd. 3. new text end

new text begin Reentry coordination programs. new text end

new text begin (a) A county may establish a program to
provide services and assist prisoners with reentering the community. Reentry services may
include but are not limited to:
new text end

new text begin (1) providing assistance in meeting the basic needs of the prisoner immediately after
release including but not limited to provisions for transportation, clothing, food, and shelter;
new text end

new text begin (2) providing assistance in filling out an application for medical assistance or
MinnesotaCare;
new text end

new text begin (3) providing assistance in obtaining a state photo identification;
new text end

new text begin (4) providing assistance in obtaining prescriptions for all necessary medications;
new text end

new text begin (5) coordinating services with the local county services agency or the social services
agency in the county where the prisoner is a resident; and
new text end

new text begin (6) coordinating services with a community mental health or substance use disorder
provider.
new text end

Sec. 4. new text begin APPROPRIATION.
new text end

new text begin $....... in fiscal year 2024 is appropriated from the general fund to the commissioner of
corrections for counties to establish or maintain jail reentry coordination programs. The
commissioner shall develop a request for proposal for counties to establish or maintain
reentry programs. The commissioner must disburse 50 percent of the funding to counties
outside the metropolitan area.
new text end