HF 4705

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/07/2024 02:43pm

A bill for an act
relating to direct care and treatment; retroactively eliminating the county share for
certain direct care and treatment services; appropriating money; amending
Minnesota Statutes 2023 Supplement, section 246.54, subdivisions 1a, 1b.

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

Section 1.

Minnesota Statutes 2023 Supplement, section 246.54, subdivision 1a, is amended
to read:

Subd. 1a.

Anoka-Metro Regional Treatment Center.

(a) A county's payment of the
cost of care provided at Anoka-Metro Regional Treatment Center shall be according to the
following schedule:

(1) zero percent for the first 30 days;

(2) 20 percent for days 31 and over if the stay is determined to be clinically appropriate
for the client; and

(3) 100 percent for each day during the stay, including the day of admission, when the
facility determines that it is clinically appropriate for the client to be discharged.

(b) If payments received by the state under sections 246.50 to 246.53 exceed 80 percent
of the cost of care for days over 31 for clients who meet the criteria in paragraph (a), clause
(2), the county shall be responsible for paying the state only the remaining amount. The
county shall not be entitled to reimbursement from the client, the client's estate, or from the
client's relatives, except as provided in section 246.53.

(c) Between July 1, deleted text begin 2023 deleted text end new text begin 2021 new text end , and June 30, 2025, the county is not responsible for the
cost of care under paragraph (a), clause (3), for a person who is committed as a person who
has a mental illness and is dangerous to the public under section 253B.18 and who is awaiting
transfer to another state-operated facility or program. This paragraph expires June 30, 2025.

(d) Notwithstanding any law to the contrary, the client is not responsible for payment
of the cost of care under this subdivision.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from July 1, 2021.
new text end

Sec. 2.

Minnesota Statutes 2023 Supplement, section 246.54, subdivision 1b, is amended
to read:

Subd. 1b.

Community behavioral health hospitals.

(a) A county's payment of the cost
of care provided at state-operated community-based behavioral health hospitals for adults
and children shall be according to the following schedule:

(1) 100 percent for each day during the stay, including the day of admission, when the
facility determines that it is clinically appropriate for the client to be discharged; and

(2) the county shall not be entitled to reimbursement from the client, the client's estate,
or from the client's relatives, except as provided in section 246.53.

(b) Between July 1, deleted text begin 2023 deleted text end new text begin 2021 new text end , and June 30, 2025, the county is not responsible for the
cost of care under paragraph (a), clause (1), for a person committed as a person who has a
mental illness and is dangerous to the public under section 253B.18 and who is awaiting
transfer to another state-operated facility or program. This paragraph expires June 30, 2025.

(c) Notwithstanding any law to the contrary, the client is not responsible for payment
of the cost of care under this subdivision.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from July 1, 2021.
new text end

Sec. 3. new text begin DIRECTION TO COMMISSIONER OF HUMAN SERVICES;
REIMBURSEMENT FOR CERTAIN COUNTY SHARE PAYMENTS.
new text end

new text begin (a) Notwithstanding Minnesota Statutes 2021 Supplement, section 246.54, subdivisions
1a and 1b; Minnesota Statutes 2022, section 246.54, subdivisions 1a and 1b; or any other
law to the contrary, the commissioner of human services must not sanction or otherwise
seek payment from counties with outstanding debts for the cost of care provided between
July 1, 2021, and June 30, 2023, under:
new text end

new text begin (1) Minnesota Statutes, section 246.54, subdivision 1a, paragraph (a), clause (3), to a
person committed as a person who has a mental illness and is dangerous to the public under
Minnesota Statutes, section 253B.18, and who was awaiting transfer from Anoka-Metro
Regional Treatment Center to another state-operated facility or program; or
new text end

new text begin (2) Minnesota Statutes, section 246.54, subdivision 1b, paragraph (a), clause (1), to a
person committed as a person who has a mental illness and is dangerous to the public under
Minnesota Statutes, section 253B.18, and who was awaiting transfer from a state-operated
community-based behavioral health hospital to another state-operated facility or program.
new text end

new text begin (b) The state must reimburse counties with state money any amount previously paid to
the state or otherwise recovered by the commissioner for the cost of care identified in
paragraph (a).
new text end

new text begin (c) Nothing in this section prohibits the commissioner from seeking reimbursement from
counties for the cost of care provided in Anoka-Metro Regional Treatment Center or a
state-operated community-based behavioral health hospital for care not described in paragraph
(a).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4. new text begin APPROPRIATION; REIMBURSEMENT FOR CERTAIN COUNTY SHARE
PAYMENTS.
new text end

new text begin (a) $13,188,000 in fiscal year 2024 is appropriated from the general fund to the
commissioner of human services for both reimbursement of prior payments by counties and
the forgiveness of existing county debt, either of which is attributable to the cost of care
provided between July 1, 2021, and June 30, 2023, under either:
new text end

new text begin (1) Minnesota Statutes, section 246.54, subdivision 1a, paragraph (a), clause (3), to a
person committed as a person who has a mental illness and is dangerous to the public under
Minnesota Statutes, section 253B.18, and who was awaiting transfer from Anoka-Metro
Regional Treatment Center to another state-operated facility or program; or
new text end

new text begin (2) Minnesota Statutes, section 246.54, subdivision 1b, paragraph (a), clause (1), to a
person committed as a person who has a mental illness and is dangerous to the public under
Minnesota Statutes, section 253B.18, and who was awaiting transfer from a state-operated
community-based behavioral health hospital to another state-operated facility or program.
new text end

new text begin (b) This appropriation is available until June 30, 2025.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end