HF 2284

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/09/2023 03:55pm

A bill for an act
relating to human services; modifying provisions regarding Minnesota residents
admitted to adjacent-state mental health facilities; amending Minnesota Statutes
2022, section 245.50, subdivision 5.

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

Section 1.

Minnesota Statutes 2022, section 245.50, subdivision 5, is amended to read:

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, chemical dependency, or detoxification. 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,
deleted text begin a physician, a licensed psychologist who has a doctoral degree in psychology, or an advanced
practice registered nurse certified in mental health, deleted text end new text begin an individual new text end who is licensed in the
bordering state, may act as a court 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,
deleted text begin subdivision deleted text end new text begin subdivisions 4d and new text end 7. An examiner under section 253B.02, subdivision 7, may
initiate an emergency hold under section 253B.051 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.051.

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