2006 Minnesota Statutes

246.56 WORK ACTIVITY FOR CERTAIN PATIENTS OR RESIDENTS.
    Subdivision 1. Therapeutic work activities. The commissioner of human services is
hereby authorized to establish work activity programs for the purpose of providing therapeutic
work activities for regional treatment center patients with mental illness and regional treatment
center residents with developmental disabilities. Work activity programs may be established for
the provision of services and for the manufacture, processing and repairing of goods, wares, and
merchandise. Work activity programs may be located on the grounds of the regional treatment
center or at work sites in the community. In establishing services the commissioner shall cooperate
with existing agencies to avoid duplication of available services to the extent feasible.
    Subd. 2. Powers of commissioner. The work activity programs authorized herein shall be
planned and designed exclusively to provide therapeutic activities for disabled workers whose
physical or mental impairment is so severe as to make productive capacity inconsequential.
Notwithstanding section 177.24, the activities within this program shall conform to the rules
and regulations relating to work activity centers promulgated by the United States Department
of Labor. To accomplish the foregoing purpose the commissioner of human services shall have
the power and authority to:
(a) use the diversified labor fund established by Laws 1945, chapter 575, section 19, to
purchase equipment and remodel facilities of the state hospitals referred to in subdivision 1 to
initiate the work activity program;
(b) formulate a system of records and accounts which shall at all times indicate the extent of
purchases, sales, wages, and bidding practices and which shall be open to public inspection;
(c) contract with public or private entities for the provision of custodial, domestic,
maintenance, and other services carried out by patients or residents. To the extent that a qualified
direct care employee of a regional treatment center is available, staff services required by the
contract shall be provided by that direct care employee.
The commissioner of human services shall, subject to the approval of the commissioner of
education, have the power and authority to:
(a) create a work activity center revolving fund for the purpose of receiving and expending
money in the operation of the said programs;
(b) contract with public and private industries for the manufacture, repair, or assembling of
work according to standard bidding practices;
(c) use the revenue from the operation of said programs to pay wages to patients or residents
according to their productivity, purchase equipment and supplies and pay other expenses
necessary to the operation of the said programs;
(d) utilize all available vocational rehabilitation services and encourage the integration of the
work activity program into existing vocational rehabilitation and community-based programs, so
that the work activity program will neither duplicate nor unfairly compete with existing public or
private community programs.
    Subd. 3. Indirect costs and reimbursements. The commissioner of human services is not
required to include indirect costs as defined in section 16A.127 in work activity contracts for
patients of the regional treatment centers and is not required to reimburse the general fund for
indirect costs related to work activity programs.
History: 1969 c 34 s 1; 1984 c 654 art 5 s 58; 1985 c 21 s 20; 1Sp1985 c 14 art 9 s 75; 1987
c 22 s 1; 1988 c 532 s 1; 1988 c 629 s 47; 1993 c 337 s 13; 1994 c 483 s 1; 1995 c 207 art 8 s 30;
1Sp1995 c 3 art 16 s 13; 2003 c 130 s 12; 2004 c 206 s 33; 2005 c 56 s 1