HF 3879

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/21/2022 04:26pm

A bill for an act
relating to health care; requiring certain facilities to ensure access for patients to
counselors who are trained in providing counseling to patients who have attempted
suicide; prohibiting facilities from discharging patients or transferring patients to
correctional facilities or detention centers; prohibiting health plans from imposing
cost sharing requirements for counseling or assessments for suicide; requiring the
commission to implement certain standards for police officers when responding
to an incident involving an individual suspected to be suicidal; proposing coding
for new law in Minnesota Statutes, chapters 62Q; 144; 245A; 626.

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

Section 1.

new text begin [62Q.4715] SUICIDE ASSESSMENT AND COUNSELING SERVICES.
new text end

new text begin Notwithstanding section 62Q.47, no health plan shall impose a co-payment, deductible,
or coinsurance requirement on counseling or assessment services provided to an enrollee
who is suicidal or who has attempted suicide.
new text end

Sec. 2.

new text begin [144.5853] CARE OF SUICIDAL PATIENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For the purposes of this section, the following terms have
the meanings given:
new text end

new text begin (1) "facility" means any public or private clinic, hospital, or other institution that provides
or purports to provide treatment or other services for individuals who have mental disorders;
and
new text end

new text begin (2) "patient" means a suicidal person or a person who has attempted suicide.
new text end

new text begin Subd. 2. new text end

new text begin Care of suicidal patients. new text end

new text begin (a) Each facility must ensure that patients are treated
with the same respect, compassion, and dignity as patients who have physical ailments and
that all clinical staff receive training in destigmatization of mental illness.
new text end

new text begin (b) Each facility must ensure that all clinical staff of the facility have a good bedside
manner, conduct themselves in a manner so as not to retraumatize a patient, treat patients
in an age-appropriate manner, and refrain from performing psychological tests on a patient
who is currently in crisis or who has recently been in crisis.
new text end

new text begin (c) Each facility must evaluate whether any caregivers of the patient are abusive,
controlling, or dysfunctional and address those situations appropriately.
new text end

new text begin Subd. 3. new text end

new text begin Required staffing. new text end

new text begin (a) Each facility shall employ a sufficient number of
individuals who are trained and available to provide patients with one-on-one counseling
at any time and to provide daily counseling to all patients in the facility.
new text end

new text begin (b) In addition to satisfying the requirements of paragraph (a), each facility that is an
acute care general hospital with an emergency department must also employ:
new text end

new text begin (1) a sufficient number of individuals who are trained and available to provide
assessments, immediate crisis counseling, and evaluation of individuals presenting with a
mental health crisis at the emergency department of the facility; and
new text end

new text begin (2) a sufficient number of individuals who are trained and available to provide one-on-one
counseling to patients.
new text end

new text begin Subd. 4. new text end

new text begin Transfers and discharges of suicidal patients. new text end

new text begin (a) A facility must not discharge
a patient into a circumstance in which the patient will be homeless.
new text end

new text begin (b) A facility must not transfer a patient to a correctional facility or detention center
unless the patient is determined to present a danger to the life or safety of others.
new text end

new text begin Subd. 5. new text end

new text begin Enforcement. new text end

new text begin If an officer, operator, or director of a facility licensed under
this chapter violates a provision of this section, the commissioner of health shall revoke the
license to operate the facility in accordance with appropriate enforcement procedures for
the type of facility.
new text end

Sec. 3.

new text begin [245A.0955] CARE OF SUICIDAL PATIENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For the purposes of this section, "program" means any
residential or nonresidential program licensed under this chapter that provides or purports
to provide treatment or other services for individuals who have mental disorders.
new text end

new text begin Subd. 2. new text end

new text begin Care of suicidal patients. new text end

new text begin (a) Each program must ensure that a suicidal person
or a person who has attempted suicide is treated with the same respect, compassion, and
dignity as people who have physical ailments and that all direct care staff receive training
in destigmatization of mental illness.
new text end

new text begin (b) Each program must ensure that all direct care staff of the program conduct themselves
in a manner so as not to retraumatize a suicidal person or person who has attempted suicide,
treat a suicidal person or person who has attempted suicide in an age-appropriate manner,
and refrain from performing psychological tests on a suicidal person or person who has
attempted suicide who is currently in crisis or who has recently been in crisis.
new text end

new text begin (c) Each program must evaluate whether any caregivers of a suicidal person or person
who has attempted suicide are abusive, controlling, or dysfunctional and address those
situations appropriately.
new text end

new text begin Subd. 3. new text end

new text begin Required staffing. new text end

new text begin Each program must employ a sufficient number of
individuals who are trained and available to provide suicidal persons or persons who have
attempted suicide with one-on-one counseling at any time and to provide daily counseling
to all people in the program.
new text end

new text begin Subd. 4. new text end

new text begin Transfers and discharges of suicidal patients. new text end

new text begin (a) A program must not
discharge a suicidal person or person who has attempted suicide into a circumstance in
which the person will be homeless.
new text end

new text begin (b) A facility must not transfer a suicidal person or person who has attempted suicide
to a correctional facility or detention center unless the person is determined to present a
danger to the life or safety of others.
new text end

new text begin Subd. 5. new text end

new text begin Enforcement. new text end

new text begin If an officer, operator, or director of a program licensed under
this chapter violates a provision of this section, the commissioner of human services shall
revoke the license to operate the program in accordance with appropriate enforcement
procedures for the type of program.
new text end

Sec. 4.

new text begin [626.8426] POLICIES REQUIRED FOR ENCOUNTERS WITH SUICIDAL
PERSONS.
new text end

new text begin Subdivision 1. new text end

new text begin Model policy required. new text end

new text begin By January 1, 2023, the board, in consultation
with interested parties, shall adopt and distribute to each chief law enforcement officer in
the state a model policy addressing the duties of peace officers when encountering suicidal
persons. At a minimum, the policy must require that, when responding to an incident
involving an individual suspected to be suicidal:
new text end

new text begin (1) the peace officer is accompanied by someone trained in providing counseling and
assessment to suicidal individuals;
new text end

new text begin (2) the peace officer and other responding officers do not use force or draw weapons
unless the individual suspected to be suicidal presents a clear threat to others; and
new text end

new text begin (3) the individual suspected to be suicidal is approached in a gentle and respectful manner.
new text end

new text begin Subd. 2. new text end

new text begin Local policies required. new text end

new text begin By July 1, 2023, the chief law enforcement officer
of each state and local law enforcement agency shall adopt and enforce a policy that is
identical or substantially similar to the model policy adopted under subdivision 1.
new text end