HF 4196

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/10/2022 03:41pm

A bill for an act
relating to data practices; modifying certain provisions classifying and regulating
the use and sharing of mental health data when responding to a mental health
emergency; amending Minnesota Statutes 2020, sections 13.46, subdivisions 1,
2, 7; 13.82, subdivision 16, by adding a subdivision; 144.294, subdivision 2;
245.469, as amended; 403.10, subdivision 2.

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

Section 1.

Minnesota Statutes 2020, section 13.46, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

As used in this section:

(a) "Individual" means an individual according to section 13.02, subdivision 8, but does
not include a vendor of services.

(b) "Program" includes all programs for which authority is vested in a component of the
welfare system according to statute or federal law, including, but not limited to, Native
American tribe programs that provide a service component of the welfare system, the aid
to families with dependent children program formerly codified in sections 256.72 to 256.87,
Minnesota family investment program, temporary assistance for needy families program,
medical assistance, general assistance, general assistance medical care formerly codified in
chapter 256D, child care assistance program, and child support collections.

(c) "Welfare system" includes the Department of Human Services, local social services
agencies, county welfare agencies, county public health agencies, county veteran services
agencies, county housing agencies, private licensing agencies, the public authority responsible
for child support enforcement, human services boards, community mental health center
boards, state hospitals, state nursing homes, the ombudsman for mental health and
developmental disabilities, Native American tribes to the extent a tribe provides a service
component of the welfare system, and persons, agencies, institutions, organizations, and
other entities under contract to any of the above agencies to the extent specified in the
contract.

(d) "Mental health data" means new text begin :
new text end

new text begin (1) new text end data on individual clients and patients of community mental health centers deleted text begin , deleted text end established
under section 245.62, mental health divisions of counties and other providers under contract
to deliver mental health services, or the ombudsman for mental health and developmental
disabilities deleted text begin . deleted text end new text begin ; and
new text end

new text begin (2) similar and noninvestigatory data collected by fire and public safety agencies during
contacts with individuals authorized under section 245.469, subdivision 2, paragraph (c).
new text end

(e) "Fugitive felon" means a person who has been convicted of a felony and who has
escaped from confinement or violated the terms of probation or parole for that offense.

(f) "Private licensing agency" means an agency licensed by the commissioner of human
services under chapter 245A to perform the duties under section 245A.16.

Sec. 2.

Minnesota Statutes 2020, section 13.46, subdivision 2, is amended to read:

Subd. 2.

General.

(a) Data on individuals collected, maintained, used, or disseminated
by the welfare system are private data on individuals, and shall not be disclosed except:

(1) according to section 13.05;

(2) according to court order;

(3) according to a statute specifically authorizing access to the private data;

(4) to an agent of the welfare system and an investigator acting on behalf of a county,
the state, or the federal government, including a law enforcement person or attorney in the
investigation or prosecution of a criminal, civil, or administrative proceeding relating to the
administration of a program;

(5) to personnel of the welfare system who require the data to verify an individual's
identity; determine eligibility, amount of assistance, and the need to provide services to an
individual or family across programs; coordinate services for an individual or family;
evaluate the effectiveness of programs; assess parental contribution amounts; and investigate
suspected fraud;

(6) to administer federal funds or programs;

(7) between personnel of the welfare system working in the same program;

(8) to the Department of Revenue to assess parental contribution amounts for purposes
of section 252.27, subdivision 2a, administer and evaluate tax refund or tax credit programs
and to identify individuals who may benefit from these programs. The following information
may be disclosed under this paragraph: an individual's and their dependent's names, dates
of birth, Social Security numbers, income, addresses, and other data as required, upon
request by the Department of Revenue. Disclosures by the commissioner of revenue to the
commissioner of human services for the purposes described in this clause are governed by
section 270B.14, subdivision 1. Tax refund or tax credit programs include, but are not limited
to, the dependent care credit under section 290.067, the Minnesota working family credit
under section 290.0671, the property tax refund and rental credit under section 290A.04,
and the Minnesota education credit under section 290.0674;

(9) between the Department of Human Services, the Department of Employment and
Economic Development, and when applicable, the Department of Education, for the following
purposes:

(i) to monitor the eligibility of the data subject for unemployment benefits, for any
employment or training program administered, supervised, or certified by that agency;

(ii) to administer any rehabilitation program or child care assistance program, whether
alone or in conjunction with the welfare system;

(iii) to monitor and evaluate the Minnesota family investment program or the child care
assistance program by exchanging data on recipients and former recipients of Supplemental
Nutrition Assistance Program (SNAP) benefits, cash assistance under chapter 256, 256D,
256J, or 256K, child care assistance under chapter 119B, medical programs under chapter
256B or 256L, or a medical program formerly codified under chapter 256D; and

(iv) to analyze public assistance employment services and program utilization, cost,
effectiveness, and outcomes as implemented under the authority established in Title II,
Sections 201-204 of the Ticket to Work and Work Incentives Improvement Act of 1999.
Health records governed by sections 144.291 to 144.298 and "protected health information"
as defined in Code of Federal Regulations, title 45, section 160.103, and governed by Code
of Federal Regulations, title 45, parts 160-164, including health care claims utilization
information, must not be exchanged under this clause;

(10) to appropriate parties in connection with an emergency if knowledge of the
information is necessary to protect the health or safety of the individual or other individuals
or persons;

(11) data maintained by residential programs as defined in section 245A.02 may be
disclosed to the protection and advocacy system established in this state according to Part
C of Public Law 98-527 to protect the legal and human rights of persons with developmental
disabilities or other related conditions who live in residential facilities for these persons if
the protection and advocacy system receives a complaint by or on behalf of that person and
the person does not have a legal guardian or the state or a designee of the state is the legal
guardian of the person;

(12) to the county medical examiner or the county coroner for identifying or locating
relatives or friends of a deceased person;

(13) data on a child support obligor who makes payments to the public agency may be
disclosed to the Minnesota Office of Higher Education to the extent necessary to determine
eligibility under section 136A.121, subdivision 2, clause (5);

(14) participant Social Security numbers and names collected by the telephone assistance
program may be disclosed to the Department of Revenue to conduct an electronic data
match with the property tax refund database to determine eligibility under section 237.70,
subdivision 4a;

(15) the current address of a Minnesota family investment program participant may be
disclosed to law enforcement officers who provide the name of the participant and notify
the agency that:

(i) the participant:

(A) is a fugitive felon fleeing to avoid prosecution, or custody or confinement after
conviction, for a crime or attempt to commit a crime that is a felony under the laws of the
jurisdiction from which the individual is fleeing; or

(B) is violating a condition of probation or parole imposed under state or federal law;

(ii) the location or apprehension of the felon is within the law enforcement officer's
official duties; and

(iii) the request is made in writing and in the proper exercise of those duties;

(16) the current address of a recipient of general assistance may be disclosed to probation
officers and corrections agents who are supervising the recipient and to law enforcement
officers who are investigating the recipient in connection with a felony level offense;

(17) information obtained from a SNAP applicant or recipient households may be
disclosed to local, state, or federal law enforcement officials, upon their written request, for
the purpose of investigating an alleged violation of the Food and Nutrition Act, according
to Code of Federal Regulations, title 7, section 272.1(c);

(18) the address, Social Security number, and, if available, photograph of any member
of a household receiving SNAP benefits shall be made available, on request, to a local, state,
or federal law enforcement officer if the officer furnishes the agency with the name of the
member and notifies the agency that:

(i) the member:

(A) is fleeing to avoid prosecution, or custody or confinement after conviction, for a
crime or attempt to commit a crime that is a felony in the jurisdiction the member is fleeing;

(B) is violating a condition of probation or parole imposed under state or federal law;
or

(C) has information that is necessary for the officer to conduct an official duty related
to conduct described in subitem (A) or (B);

(ii) locating or apprehending the member is within the officer's official duties; and

(iii) the request is made in writing and in the proper exercise of the officer's official duty;

(19) the current address of a recipient of Minnesota family investment program, general
assistance, or SNAP benefits may be disclosed to law enforcement officers who, in writing,
provide the name of the recipient and notify the agency that the recipient is a person required
to register under section 243.166, but is not residing at the address at which the recipient is
registered under section 243.166;

(20) certain information regarding child support obligors who are in arrears may be
made public according to section 518A.74;

(21) data on child support payments made by a child support obligor and data on the
distribution of those payments excluding identifying information on obligees may be
disclosed to all obligees to whom the obligor owes support, and data on the enforcement
actions undertaken by the public authority, the status of those actions, and data on the income
of the obligor or obligee may be disclosed to the other party;

(22) data in the work reporting system may be disclosed under section 256.998,
subdivision 7;

(23) to the Department of Education for the purpose of matching Department of Education
student data with public assistance data to determine students eligible for free and
reduced-price meals, meal supplements, and free milk according to United States Code,
title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to allocate federal and state
funds that are distributed based on income of the student's family; and to verify receipt of
energy assistance for the telephone assistance plan;

(24) the current address and telephone number of program recipients and emergency
contacts may be released to the commissioner of health or a community health board as
defined in section 145A.02, subdivision 5, when the commissioner or community health
board has reason to believe that a program recipient is a disease case, carrier, suspect case,
or at risk of illness, and the data are necessary to locate the person;

(25) to other state agencies, statewide systems, and political subdivisions of this state,
including the attorney general, and agencies of other states, interstate information networks,
federal agencies, and other entities as required by federal regulation or law for the
administration of the child support enforcement program;

(26) to personnel of public assistance programs as defined in section 256.741, for access
to the child support system database for the purpose of administration, including monitoring
and evaluation of those public assistance programs;

(27) to monitor and evaluate the Minnesota family investment program by exchanging
data between the Departments of Human Services and Education, on recipients and former
recipients of SNAP benefits, cash assistance under chapter 256, 256D, 256J, or 256K, child
care assistance under chapter 119B, medical programs under chapter 256B or 256L, or a
medical program formerly codified under chapter 256D;

(28) to evaluate child support program performance and to identify and prevent fraud
in the child support program by exchanging data between the Department of Human Services,
Department of Revenue under section 270B.14, subdivision 1, paragraphs (a) and (b),
without regard to the limitation of use in paragraph (c), Department of Health, Department
of Employment and Economic Development, and other state agencies as is reasonably
necessary to perform these functions;

(29) counties and the Department of Human Services operating child care assistance
programs under chapter 119B may disseminate data on program participants, applicants,
and providers to the commissioner of education;

(30) child support data on the child, the parents, and relatives of the child may be
disclosed to agencies administering programs under titles IV-B and IV-E of the Social
Security Act, as authorized by federal law;

(31) to a health care provider governed by sections 144.291 to 144.298, to the extent
necessary to coordinate services;

(32) to the chief administrative officer of a school to coordinate services for a student
and family; data that may be disclosed under this clause are limited to name, date of birth,
gender, and address;

(33) to county correctional agencies to the extent necessary to coordinate services and
diversion programs; data that may be disclosed under this clause are limited to name, client
demographics, program, case status, and county worker information; deleted text begin or
deleted text end

new text begin (34) to the agency or provider designated by the county to provide mental health
emergency services and service coordination, provided by a fire or public safety agency
and the information assists qualified persons to protect patient health and safety through
tasks prescribed in section 245.469, subdivision 1; or
new text end

deleted text begin (34) deleted text end new text begin (35) new text end between the Department of Human Services and the Metropolitan Council for
the following purposes:

(i) to coordinate special transportation service provided under section 473.386 with
services for people with disabilities and elderly individuals funded by or through the
Department of Human Services; and

(ii) to provide for reimbursement of special transportation service provided under section
473.386.

The data that may be shared under this clause are limited to the individual's first, last, and
middle names; date of birth; residential address; and program eligibility status with expiration
date for the purposes of informing the other party of program eligibility.

(b) Information on persons who have been treated for drug or alcohol abuse may only
be disclosed according to the requirements of Code of Federal Regulations, title 42, sections
2.1 to 2.67.

(c) Data provided to law enforcement agencies under paragraph (a), clause (15), (16),
(17), or (18), or paragraph (b), are investigative data and are confidential or protected
nonpublic while the investigation is active. The data are private after the investigation
becomes inactive under section 13.82, subdivision 5, paragraph (a) or (b).

(d) Mental health data shall be treated as provided in subdivisions 7, 8, and 9, but are
not subject to the access provisions of subdivision 10, paragraph (b) new text begin , except as required by
paragraph (a), clause (34) new text end .

For the purposes of this subdivision, a request will be deemed to be made in writing if
made through a computer interface system.

Sec. 3.

Minnesota Statutes 2020, section 13.46, subdivision 7, is amended to read:

Subd. 7.

Mental health data.

(a) Mental health data are private data on individuals and
shall not be disclosed, except:

(1) pursuant to section 13.05, as determined by the responsible authority for the
community mental health center, mental health division, or provider;

(2) pursuant to court order;

(3) pursuant to a statute specifically authorizing access to or disclosure of mental health
data or as otherwise provided by this subdivision;

(4) to personnel of the welfare system working in the same program or providing services
to the same individual or family to the extent necessary to coordinate services, provided
that a health record may be disclosed only as provided under section 144.293;

(5) to a health care provider governed by sections 144.291 to 144.298, to the extent
necessary to coordinate services; or

(6) with the consent of the client or patient.

(b) An agency of the welfare system may not require an individual to consent to the
release of mental health data as a condition for receiving services or for reimbursing a
community mental health center, mental health division of a county, or provider under
contract to deliver mental health services.

(c) Notwithstanding section 245.69, subdivision 2, paragraph (f), or any other law to the
contrary, the responsible authority for a community mental health center, mental health
division of a county, or a mental health provider must disclose mental health data to a law
enforcement agency if the law enforcement agency provides the name of a client or patient
and communicates that the:

(1) client or patient is currently involved in an emergency interaction with the law
enforcement agency; deleted text begin and
deleted text end

(2) data is necessary to protect the health or safety of the client or patient or of another
person deleted text begin . deleted text end new text begin ; and
new text end

new text begin (3) the agency will collaborate on scene with persons qualified to deliver emergency
mental health services, to the extent possible or practicable.
new text end

new text begin When a municipal police department or county sheriff's department obtains mental health
data under this paragraph and provides an on-scene response with its personnel, that agency
must provide any collected mental health data, and data described in section 13.82,
subdivision 3, to the county social services agency. Fire or public safety agencies must
provide the commissioner of health with an annual report of summary data on all calls for
service that resulted in the collection of health records under this subdivision.
new text end

The scope of disclosure under this paragraph is limited to the minimum necessary for
law enforcement to respond to the emergency. deleted text begin Disclosure under this paragraph may include,
but is not limited to, the name and telephone number of the psychiatrist, psychologist,
therapist, mental health professional, practitioner, or case manager of the client or patient.
A law enforcement agency that obtains mental health data under this paragraph shall maintain deleted text end new text begin
Fire and public safety agencies must not retain mental health data collected under this
paragraph except for new text end a record of the requestor, the provider of the information, and the client
or patient name new text begin or while the data is active investigatory data new text end . Mental health data obtained
by a law enforcement agency under this paragraph are private data on individuals and must
not be used by the law enforcement agency for any other purpose. A law enforcement agency
that obtains mental health data under this paragraph shall inform the subject of the data that
mental health data was obtained.

(d) In the event of a request under paragraph (a), clause (6), a community mental health
center, county mental health division, or provider must release mental health data to Criminal
Mental Health Court personnel in advance of receiving a copy of a consent if the Criminal
Mental Health Court personnel communicate that the:

(1) client or patient is a defendant in a criminal case pending in the district court;

(2) data being requested is limited to information that is necessary to assess whether the
defendant is eligible for participation in the Criminal Mental Health Court; and

(3) client or patient has consented to the release of the mental health data and a copy of
the consent will be provided to the community mental health center, county mental health
division, or provider within 72 hours of the release of the data.

For purposes of this paragraph, "Criminal Mental Health Court" refers to a specialty
criminal calendar of the Hennepin County District Court for defendants with mental illness
and brain injury where a primary goal of the calendar is to assess the treatment needs of the
defendants and to incorporate those treatment needs into voluntary case disposition plans.
The data released pursuant to this paragraph may be used for the sole purpose of determining
whether the person is eligible for participation in mental health court. This paragraph does
not in any way limit or otherwise extend the rights of the court to obtain the release of mental
health data pursuant to court order or any other means allowed by law.

Sec. 4.

Minnesota Statutes 2020, section 13.82, is amended by adding a subdivision to
read:

new text begin Subd. 6a. new text end

new text begin Data for calls involving mental health. new text end

new text begin (a) Mental health data, as defined in
section 13.46, are private data on individuals and must be treated as provided under section
13.46, subdivision 2, paragraph (d).
new text end

new text begin (b) Public safety agencies must, to the extent practicable, aggregate and segregate data
for mental health related calls for service including: response and incident data under
subdivision 6, agencies participating in a concurrent response, nonspecific call disposition,
arrests, and use of force.
new text end

new text begin (c) With respect to mental health related service calls, the relative capability to aggregate
data, and to separate public data from private data on individuals, must be considered when
planning improvements to data management and communications technology.
new text end

new text begin (d) Fire and public safety agencies must provide, without delay or fee, response and
incident data as necessary to alert the agency or provider designated by the county to provide
mental health emergency services or mental health crisis response services regarding an
interaction with an individual, if:
new text end

new text begin (1) the individual, the person's parent, or a guardian representing the individual's interest
under section 13.02, subdivision 8, requests immediate mental health emergency services;
new text end

new text begin (2) the individual is not under arrest, incarcerated, on the premises of a mental health
service provider, receiving medical treatment, or impaired by the influence of a drug; and
new text end

new text begin (3) there is no overriding public safety consideration.
new text end

new text begin (e) Mental health data, collected under section 13.46, subdivision 7, paragraph (c), and
section 144.294, subdivision 2, must be managed in accordance with those sections and
must not be retained unless it has a separate investigatory purpose.
new text end

new text begin (f) Mental health data and private data on individuals, collected under section 245.469,
subdivision 2, paragraph (c), must be managed as required by that paragraph and retained
long enough to satisfy the requirements of that paragraph but less than one week.
new text end

Sec. 5.

Minnesota Statutes 2020, section 13.82, subdivision 16, is amended to read:

Subd. 16.

Public access new text begin and data stewardship new text end .

new text begin (a) new text end When data is classified as public
under this section, a law enforcement agency shall not be required to make the actual physical
data available to the public if it is not administratively feasible to segregate the public data
from the not public. However, the agency must make the information described as public
data available to the public in a reasonable manner. When investigative data becomes
inactive, as described in subdivision 7, the actual physical data associated with that
investigation, including the public data, shall be available for public access.

new text begin (b) Law enforcement agencies must ensure public access and facilitate data-driven
decision-making by maintaining data in such a manner that public data is readily separatable
from private data on individuals. The ability to readily separate public data from private
data on individuals must be considered when planning improvements to data management
and communications technology.
new text end

Sec. 6.

Minnesota Statutes 2020, section 144.294, subdivision 2, is amended to read:

Subd. 2.

Disclosure to law enforcement agency.

new text begin (a) new text end Notwithstanding section 144.293,
subdivisions 2 and 4, a provider must disclose health records relating to a patient's mental
health to a law enforcement agency if the law enforcement agency provides the name of
the patient and communicates that the:

(1) patient is currently involved in an emergency interaction with the law enforcement
agency; deleted text begin and
deleted text end

(2) disclosure of the records is necessary to protect the health or safety of the patient or
of another person deleted text begin . deleted text end new text begin ; and
new text end

new text begin (3) the agency will collaborate on scene with persons qualified to deliver emergency
mental health services, to the extent possible or practicable.
new text end

new text begin (b) When a municipal police department or county sheriff department obtains mental
health data under this paragraph and provides an on-scene response with its personnel, that
agency must provide any collected mental health data, and data described in section 13.82,
subdivision 3, to the county social service agency. Fire or public safety agencies must
provide the commissioner of health with an annual report of summary data on all calls for
service that resulted in the collection of health records under this subdivision.
new text end

new text begin (c) new text end The scope of disclosure under this subdivision is limited to the minimum necessary
for law enforcement to respond to the emergency. deleted text begin A law enforcement agency that obtains
health records under this subdivision shall maintain deleted text end new text begin Fire and public safety agencies must
not retain mental health data collected under this paragraph except for new text end a record of the
requestor, the provider of the information, and the patient's name new text begin or while the data is active
investigatory data new text end . Health records obtained by a law enforcement agency under this
subdivision are private data on individuals as defined in section 13.02, subdivision 12, and
must not be used by law enforcement for any other purpose.

Sec. 7.

Minnesota Statutes 2020, section 245.469, as amended by Laws 2021, chapter 30,
article 16, sections 1 and 2, is amended to read:

245.469 EMERGENCY SERVICES.

Subdivision 1.

Availability of emergency services.

(a) County boards must provide or
contract for enough emergency services within the county to meet the needs of adults,
children, and families in the county who are experiencing an emotional crisis or mental
illness. Emergency service providers must not delay the timely provision of emergency
services to a client because of the unwillingness or inability of the client to pay for services.
Emergency services must include assessment, crisis intervention, and appropriate case
disposition. Emergency services must:

(1) promote the safety and emotional stability of each client;

(2) minimize further deterioration of each client;

(3) help each client to obtain ongoing care and treatment;

(4) prevent placement in settings that are more intensive, costly, or restrictive than
necessary and appropriate to meet client needs; and

(5) provide support, psychoeducation, and referrals to each client's family members,
service providers, and other third parties on behalf of the client in need of emergency
services.

(b) If a county provides engagement services under section 253B.041, the county's
emergency service providers must refer clients to engagement services when the client
meets the criteria for engagement services.

new text begin (c) The county must ensure public access and facilitate data-driven decision-making by
maintaining data on emergency mental health service delivery in such a matter that public
data is readily separatable from private data on individuals. The county must require all
entities that respond to calls for emergency mental health services to submit data in a manner
that facilitates such separation. The ability to readily separate public data from private data
on individuals must be considered when planning improvements to data management and
communications technology. The county must collect summary data work from all providers
and responders to assess the quality and availability of emergency services, pursuant to this
section and section 245.467.
new text end

Subd. 2.

Specific requirements.

(a) The county board shall require that all service
providers of emergency services to adults with mental illness provide immediate direct
access to a mental health professional during regular business hours. For evenings, weekends,
and holidays, the service may be by direct toll-free telephone access to a mental health
professional, clinical trainee, or mental health practitioner.

(b) The commissioner may waive the requirement in paragraph (a) that the evening,
weekend, and holiday service be provided by a mental health professional, clinical trainee,
or mental health practitioner if the county documents that:

(1) mental health professionals, clinical trainees, or mental health practitioners are
unavailable to provide this service;

(2) services are provided by a designated person with training in human services who
receives treatment supervision from a mental health professional; deleted text begin and
deleted text end

(3) the service provider is not also the provider of fire and public safety emergency
services deleted text begin . deleted text end new text begin ; and
new text end

new text begin (4) the local social service agency provides the commissioner with an annual report
outlining plans for reducing the use of the waiver in this paragraph.
new text end

(c) The commissioner may waive the requirement in paragraph (b), clause (3), that the
evening, weekend, and holiday service not be provided by the provider of fire and public
safety emergency services if:

(1) every person who will be providing the first telephone contact has received at least
eight hours of training on emergency mental health services approved by the commissioner;

(2) every person who will be providing the first telephone contact will annually receive
at least four hours of continued training on emergency mental health services approved by
the commissioner;

(3) the local social service agency has provided public education about available
emergency mental health services and can assure potential users of emergency services that
their calls will be handled appropriately;

(4) the local social service agency agrees to provide the commissioner with deleted text begin accurate deleted text end new text begin
summary new text end data on the number of emergency mental health service calls received new text begin , including
those received by public safety answering points and those responded to by fire and public
safety agencies new text end ;

(5) the local social service agency agrees to monitor the frequency and quality of
emergency services new text begin , pursuant to section 245.467 and section 245.4876, and provide an
annual report with summary data, including data on service responses provided under this
paragraph, to the commissioner new text end ; deleted text begin and
deleted text end

(6) deleted text begin the local social service agency describes how it will comply with paragraph (d). deleted text end new text begin the
fire and public safety mental health emergency services that respond under this paragraph
must provide to the agency or provider designated by the county to provide mental health
emergency services, without fee or delay, data described in section 13.82, subdivision 6,
and all other data needed by qualified persons for tasks to preserve patient health and safety
as required under subdivision 1, paragraphs (a) and (b); and
new text end

new text begin (7) the local social service agency must provide the commissioner with an annual report
outlining plans for reducing the use of the waiver described in this paragraph.
new text end

(d) Whenever emergency service during nonbusiness hours is provided by anyone other
than a mental health professional, a mental health professional must be available on call for
an emergency assessment and crisis intervention services, and must be available for at least
telephone consultation within 30 minutes.

new text begin (e) Whenever emergency service is provided through a waiver under paragraph (c),
resulting data collected by the responding fire or public safety agencies through interaction
with providers, the patient, or others who know the patient, must be treated as mental health
data and health data on an individual, which must not be maintained by the responding
agencies unless there is a separate investigatory purpose. The identity of an individual must
be protected consistent with section 13.82, subdivision 17, paragraph (f).
new text end

Subd. 3.

Mental health crisis services.

The commissioner of human services shall
increase access to mental health crisis services for children and adults. In order to increase
access, the commissioner must:

(1) develop a central phone number where calls can be routed to the appropriate crisis
services;

(2) provide telephone consultation 24 hours a day to mobile crisis teams who are serving
people with traumatic brain injury or intellectual disabilities who are experiencing a mental
health crisis;

(3) expand crisis services across the state, including rural areas of the state and examining
access per population;

(4) new text begin expand the availability of mental health crisis services without the use of waivers
for service requests that initially go to public safety answering points;
new text end

new text begin (5) mandate data collection to accurately quantify the existing need for emergency mental
health services pursuant to subdivision 1, including data from responders under subdivision
2, paragraph (c), and including annual public reporting of summary data;
new text end

new text begin (6) new text end establish and implement state standards for crisis services; and

deleted text begin (5) deleted text end new text begin (7) new text end provide grants to adult mental health initiatives, counties, tribes, or community
mental health providers to establish new mental health crisis residential service capacity.

Priority will be given to regions that do not have a mental health crisis residential services
program, do not have an inpatient psychiatric unit within the region, do not have an inpatient
psychiatric unit within 90 miles, or have a demonstrated need based on the number of crisis
residential or intensive residential treatment beds available to meet the needs of the residents
in the region. At least 50 percent of the funds must be distributed to programs in rural
Minnesota. Grant funds may be used for start-up costs, including but not limited to
renovations, furnishings, and staff training. Grant applications shall provide details on how
the intended service will address identified needs and shall demonstrate collaboration with
crisis teams, other mental health providers, hospitals, and police.

Sec. 8.

Minnesota Statutes 2020, section 403.10, subdivision 2, is amended to read:

Subd. 2.

Notice to public safety agency.

Public safety agencies with jurisdictional
responsibilities shall in all cases be notified by the public safety answering point of a request
for service in their jurisdiction new text begin , except requests for service to which the public safety
answering point dispatches only mobile mental health crisis teams new text end .