HF 364

as introduced - 87th Legislature (2011 - 2012) Posted on 02/03/2011 11:30am

A bill for an act
relating to chemical health; providing interstate contracts for detoxification
services; amending Minnesota Statutes 2010, section 245.50.

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

Section 1.

Minnesota Statutes 2010, section 245.50, is amended to read:

245.50 INTERSTATE CONTRACTS, MENTAL HEALTH, CHEMICAL
HEALTH new text begin , DETOXIFICATION new text end SERVICES.

Subdivision 1.

Definitions.

For purposes of this section, the following terms have
the meanings given them.

(a) "Bordering state" means Iowa, North Dakota, South Dakota, or Wisconsin.

(b) "Receiving agency" means a public or private hospital, mental health center,
chemical health treatment facility, new text begin detoxification facility, new text end or other person or organization
which provides mental health deleted text begin or deleted text end new text begin , new text end chemical health new text begin , or detoxification new text end services under this
section to individuals from a state other than the state in which the agency is located.

(c) "Receiving state" means the state in which a receiving agency is located.

(d) "Sending agency" means a state or county agency which sends an individual to a
bordering state for treatment new text begin or detoxification new text end under this section.

(e) "Sending state" means the state in which the sending agency is located.

Subd. 2.

Purpose and authority.

(a) The purpose of this section is to enable
appropriate treatment new text begin or detoxification services new text end to be provided to individuals, across state
lines from the individual's state of residence, in qualified facilities that are closer to the
homes of individuals than are facilities available in the individual's home state.

(b) Unless prohibited by another law and subject to the exceptions listed in
subdivision 3, a county board or the commissioner of human services may contract
with an agency or facility in a bordering state for mental health deleted text begin or deleted text end new text begin , new text end chemical health new text begin , or
detoxification new text end services for residents of Minnesota, and a Minnesota mental health deleted text begin or deleted text end new text begin , new text end
chemical health new text begin , or detoxification new text end agency or facility may contract to provide services to
residents of bordering states. Except as provided in subdivision 5, a person who receives
services in another state under this section is subject to the laws of the state in which
services are provided. A person who will receive services in another state under this
section must be informed of the consequences of receiving services in another state,
including the implications of the differences in state laws, to the extent the individual will
be subject to the laws of the receiving state.

Subd. 3.

Exceptions.

A contract may not be entered into under this section for
services to persons who:

(1) are serving a sentence after conviction of a criminal offense;

(2) are on probation or parole;

(3) are the subject of a presentence investigation; or

(4) have been committed involuntarily in Minnesota under chapter 253B for
treatment of mental illness or chemical dependency, except as provided under subdivision
5.

Subd. 4.

Contracts.

Contracts entered into under this section must, at a minimum:

(1) describe the services to be provided;

(2) establish responsibility for the costs of services;

(3) establish responsibility for the costs of transporting individuals receiving
services under this section;

(4) specify the duration of the contract;

(5) specify the means of terminating the contract;

(6) specify the terms and conditions for refusal to admit or retain an individual; and

(7) identify the goals to be accomplished by the placement of an individual under
this section.

Subd. 5.

Special contracts; bordering states.

(a) An individual who is detained,
committed, or placed on an involuntary basis under chapter 253B may be confined or
treated in a bordering state pursuant to a contract under this section. An individual
who is detained, committed, or placed on an involuntary basis under the civil law of a
bordering state may be confined or treated in Minnesota pursuant to a contract under
this section. A peace or health officer who is acting under the authority of the sending
state may transport an individual to a receiving agency that provides services pursuant to
a contract under this section and may transport the individual back to the sending state
under the laws of the sending state. Court orders valid under the law of the sending state
are granted recognition and reciprocity in the receiving state for individuals covered by
a contract under this section to the extent that the court orders relate to confinement for
treatment or care of mental illness deleted text begin or deleted text end new text begin , new text end chemical dependency new text begin , or detoxification new text end . Such
treatment or care may address other conditions that may be co-occurring with the mental
illness or chemical dependency. These court orders are not subject to legal challenge in
the courts of the receiving state. Individuals who are detained, committed, or placed under
the law of a sending state and who are transferred to a receiving state under this section
continue to be in the legal custody of the authority responsible for them under the law
of the sending state. Except in emergencies, those individuals may not be transferred,
removed, or furloughed from a receiving agency without the specific approval of the
authority responsible for them under the law of the sending state.

(b) While in the receiving state pursuant to a contract under this section, an
individual shall be subject to the sending state's laws and rules relating to length of
confinement, reexaminations, and extensions of confinement. No individual may be sent
to another state pursuant to a contract under this section until the receiving state has
enacted a law recognizing the validity and applicability of this section.

(c) If an individual receiving services pursuant to a contract under this section leaves
the receiving agency without permission and the individual is subject to involuntary
confinement under the law of the sending state, the receiving agency shall use all
reasonable means to return the individual to the receiving agency. The receiving agency
shall immediately report the absence to the sending agency. The receiving state has the
primary responsibility for, and the authority to direct, the return of these individuals
within its borders and is liable for the cost of the action to the extent that it would be
liable for costs of its own resident.

(d) Responsibility for payment for the cost of care remains with the sending agency.

(e) This subdivision also applies to county contracts under subdivision 2 which
include emergency care and treatment provided to a county resident in a bordering state.

(f) If a Minnesota resident is admitted to a facility in a bordering state under this
chapter, a physician, licensed psychologist who has a doctoral degree in psychology, or
an advance practice registered nurse certified in mental health, who is licensed in the
bordering state, may act as an examiner under sections 253B.07, 253B.08, 253B.092,
253B.12, and 253B.17 subject to the same requirements and limitations in section
253B.02, subdivision 7. Such examiner may initiate an emergency hold under section
253B.05 on a Minnesota resident who is in a hospital that is under contract with a
Minnesota governmental entity under this section provided the resident, in the opinion of
the examiner, meets the criteria in section 253B.05.

new text begin (g) This section shall apply to detoxification services that are unrelated to treatment
whether the services are provided on a voluntary or involuntary basis.
new text end