2004 Minnesota Statutes

     256.021 Vulnerable adult maltreatment review panel. 

    Subdivision 1.    Creation.  (a) The commissioner of 
 human services shall establish a review panel for purposes of 
 reviewing lead agency determinations regarding maltreatment of a 
 vulnerable adult in response to requests received under section 
 626.557, subdivision 9d, paragraph (b).  The panel shall hold 
 quarterly meetings for purposes of conducting reviews under this 
 section.  

    (b) The review panel consists of: 

    (1) the commissioners of health and human services or their 
 designees; 

    (2) the ombudsperson for older Minnesotans and ombudsperson 
 for mental health and mental retardation, or their designees; 
 and 

    (3) a member of the board on aging, appointed by the board. 

    Subd. 2.    Review procedure.  (a) If a vulnerable adult 
 or an interested person acting on behalf of the vulnerable adult 
 requests a review under this section, the panel shall review the 
 request at its next quarterly meeting.  If the next quarterly 
 meeting is within ten days of the panel's receipt of the request 
 for review, the review may be delayed until the next subsequent 
 meeting.  The panel shall review the request and the 
 investigation memorandum and may review any other data on the 
 investigation maintained by the lead agency that are pertinent 
 and necessary to its review of the final disposition.  If more 
 than one person requests a review under this section with 
 respect to the same final disposition, the review panel shall 
 combine the requests into one review.  

    (b) Within 30 days of the review under this section, the 
 panel shall notify the lead agency and the vulnerable adult or 
 interested person who requested the review as to whether the 
 panel agrees with the final disposition or whether the lead 
 agency must reconsider the final disposition.  If the panel 
 determines that the lead agency must reconsider the final 
 disposition, the panel must make specific investigative 
 recommendations to the agency.  Within 30 days the lead agency 
 shall conduct a review and report back to the panel with its 
 determination and the specific rationale for its final 
 disposition. 

    Subd. 3.    Report.  By January 15 of each year, the 
 panel shall submit a report to the committees of the legislature 
 with jurisdiction over section 626.557 regarding the number of 
 requests for review it receives under this section, the number 
 of cases where the panel requires the lead agency to reconsider 
 its final disposition, and the number of cases where the final 
 disposition is changed, and any recommendations to improve the 
 review or investigative process.  

    Subd. 4.    Data.  Data of the review panel created as 
 part of a review under this section are private data on 
 individuals as defined in section 13.02. 

    HIST: 2000 c 465 s 2