SF 2184

Introduction - 79th Legislature (1995 - 1996)

Posted on 12/15/2009 12:00 a.m.

  1.1                          A bill for an act 
  1.2             relating to human services; establishing a treatment 
  1.3             program for gambling dependent persons; amending 
  1.4             Minnesota Statutes 1994, sections 245.98, as amended; 
  1.5             and 609.115, subdivision 9. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1994, section 245.98, as 
  1.8   amended by Laws 1995, chapter 86, section 1, is amended to read: 
  1.9      245.98 [COMPULSIVE GAMBLING TREATMENT PROGRAM AND 
  1.10  PREVENTION PROGRAM.] 
  1.11     Subdivision 1.  [DEFINITION.] For the purposes of this 
  1.12  section, "compulsive gambler gambling dependent person" means a 
  1.13  person who is chronically and progressively preoccupied with 
  1.14  gambling and with the urge to gamble to the extent that the 
  1.15  gambling behavior compromises, disrupts, or damages personal, 
  1.16  family, or vocational pursuits. 
  1.17     Subd. 1a.  [PROGRAM.] The commissioner of human services 
  1.18  shall establish a treatment program to provide treatment 
  1.19  services to gambling dependent persons by certified providers.  
  1.20     Subd. 1b.  [CERTIFIED PROVIDERS.] The commissioner shall 
  1.21  establish certification standards for programs and service 
  1.22  providers that must be met in order to become a certified 
  1.23  provider of services to gambling dependent persons.  The 
  1.24  standards must allow for both profit and nonprofit programs to 
  1.25  become certified providers.  The commissioner shall establish a 
  2.1   list of all providers and treatment programs that meet these 
  2.2   standards.  Only certified providers will be eligible for 
  2.3   reimbursement under subdivision 1d. 
  2.4      Subd. 1c.  [ASSESSMENT DEVICE.] The commissioner shall 
  2.5   establish a gambling assessment device to be used by certified 
  2.6   providers to determine whether a person is gambling dependent 
  2.7   and in need of treatment.  No reimbursement shall be made to any 
  2.8   certified provider unless an assessment using the device 
  2.9   established under this subdivision has been performed. 
  2.10     Subd. 1d.  [REIMBURSEMENT.] Gambling treatment funds 
  2.11  appropriated for allocation shall be placed in a special revenue 
  2.12  account.  Any certified provider may apply to the commissioner 
  2.13  for reimbursement from the account for treatment of a person who 
  2.14  has been assessed as being gambling dependent and does not have 
  2.15  health care insurance which covers gambling treatment.  
  2.16  Reimbursement shall be on a one time per person basis and shall 
  2.17  not exceed $2,500 per person. 
  2.18     Subd. 1e.  [TOLL-FREE TELEPHONE LINE.] The commissioner 
  2.19  shall operate a statewide toll-free, 24-hour telephone line for 
  2.20  the purpose of providing information on available support 
  2.21  services for gambling dependent problems.  All referrals for 
  2.22  treatment must be made from the certified provider list 
  2.23  established under subdivision 1b.  The commissioner may contract 
  2.24  with a nonprofit entity to operate the toll-free telephone line. 
  2.25     Subd. 2.  [PROGRAM.] The commissioner of human services 
  2.26  shall establish a program for the treatment of compulsive 
  2.27  gamblers.  The commissioner may contract with an entity with 
  2.28  expertise regarding the treatment of compulsive gambling to 
  2.29  operate the program.  The program may include the establishment 
  2.30  of a statewide toll-free number, resource library, public 
  2.31  education programs; regional in-service training programs and 
  2.32  conferences for health care professionals, educators, treatment 
  2.33  providers, employee assistance programs, and criminal justice 
  2.34  representatives; and the establishment of certification 
  2.35  standards for programs and service providers.  The commissioner 
  2.36  may enter into agreements with other entities and may employ or 
  3.1   contract with consultants to facilitate the provision of these 
  3.2   services or the training of individuals to qualify them to 
  3.3   provide these services.  The program may also include inpatient 
  3.4   and outpatient treatment and rehabilitation services and 
  3.5   research studies.  The research studies must include baseline 
  3.6   and prevalence studies for adolescents and adults to identify 
  3.7   those at the highest risk.  The program must be approved by the 
  3.8   commissioner before it is established. 
  3.9      Subd. 2a.  [ASSESSMENT OF CERTAIN OFFENDERS.] The 
  3.10  commissioner shall adopt by rule criteria to be used in 
  3.11  conducting compulsive gambling assessments of offenders under 
  3.12  section 609.115, subdivision 9.  The commissioner shall also 
  3.13  adopt by rule standards to qualify a person to:  (1) assess 
  3.14  offenders for compulsive gambling treatment; and (2) provide 
  3.15  treatment indicated in a compulsive gambling assessment.  The 
  3.16  gambling assessment established under subdivision 1c must be 
  3.17  used to assess these offenders.  If treatment is indicated, 
  3.18  treatment must be provided by a provider certified under 
  3.19  subdivision 1b.  The rules must specify the circumstances in 
  3.20  which, in the absence of an independent assessor, the assessment 
  3.21  may be performed by a person with a direct or shared financial 
  3.22  interest or referral relationship resulting in shared financial 
  3.23  gain with a treatment provider.  The commissioners of human 
  3.24  services and corrections shall report to the legislature by 
  3.25  January 1, 1997, on whether to shift responsibility for 
  3.26  conducting these assessments to the department of corrections.  
  3.27     Subd. 4.  [CONTRIBUTION BY TRIBAL GAMING.] The commissioner 
  3.28  of human services is authorized to enter into an agreement with 
  3.29  the governing body of any Indian tribe located within the 
  3.30  boundaries of the state of Minnesota that conducts either class 
  3.31  II or class III gambling, as defined in section 4 of the Indian 
  3.32  Gaming Regulatory Act, Public Law Number 100-497, and future 
  3.33  amendments to it, for the purpose of obtaining funding 
  3.34  for compulsive gambling treatment and prevention programs from 
  3.35  the Indian tribe.  Prior to entering into any agreement with an 
  3.36  Indian tribe under this section, the commissioner shall consult 
  4.1   with and obtain the approval of the governor or governor's 
  4.2   designated representatives authorized to negotiate a 
  4.3   tribal-state compact regulating the conduct of class III 
  4.4   gambling on Indian lands of a tribe requesting negotiations.  
  4.5   Contributions collected under this subdivision are appropriated 
  4.6   to the commissioner of human services shall be placed in the 
  4.7   special revenue account established under subdivision 1d for the 
  4.8   compulsive gambling use of treatment program under services in 
  4.9   accordance with this section.  The commissioner shall report to 
  4.10  the legislature by January 1, 1997, on the efforts made to 
  4.11  secure this funding and on the responses from the Indian 
  4.12  community.  
  4.13     Subd. 5.  [COMMUNITY GRANTS.] The commissioner shall 
  4.14  establish a program to provide grants to community-based 
  4.15  programs that provide public education and community support 
  4.16  services to gambling dependent persons. 
  4.17     Sec. 2.  Minnesota Statutes 1994, section 609.115, 
  4.18  subdivision 9, is amended to read: 
  4.19     Subd. 9.  [COMPULSIVE GAMBLING ASSESSMENT REQUIRED.] (a) If 
  4.20  a person is convicted of a felony for theft under section 
  4.21  609.52, embezzlement of public funds under section 609.54, or 
  4.22  forgery under section 609.625, 609.63, or 609.631, the probation 
  4.23  officer shall determine in the report prepared under subdivision 
  4.24  1 whether or not compulsive gambling contributed to the 
  4.25  commission of the offense.  If so, the report shall contain the 
  4.26  results of a compulsive gambling assessment conducted in 
  4.27  accordance with this subdivision.  The probation officer shall 
  4.28  make an appointment for the offender to undergo the assessment 
  4.29  if so indicated. 
  4.30     (b) The compulsive gambling assessment report must include 
  4.31  a recommended level of treatment for the offender if the 
  4.32  assessor concludes that the offender is in need of compulsive 
  4.33  gambling treatment.  The assessment must be conducted by an 
  4.34  assessor qualified under section 245.98, subdivision 2a, to 
  4.35  perform these assessments or to provide compulsive gambling 
  4.36  treatment.  An assessor providing a compulsive gambling 
  5.1   assessment may not have any direct or shared financial interest 
  5.2   or referral relationship resulting in shared financial gain with 
  5.3   a treatment provider.  If an independent assessor is not 
  5.4   available, the probation officer may use the services of an 
  5.5   assessor with a financial interest or referral relationship as 
  5.6   authorized under rules adopted by the commissioner of human 
  5.7   services under section 245.98, subdivision 2a. 
  5.8      (c) The commissioner of human services shall reimburse the 
  5.9   assessor for the costs associated with a compulsive gambling 
  5.10  assessment at a rate established by the commissioner up to a 
  5.11  maximum of $100 for each assessment.  The commissioner shall 
  5.12  reimburse these costs after receiving written verification from 
  5.13  the probation officer that the assessment was performed and 
  5.14  found acceptable. 
  5.15     Sec. 3.  [ASSESSMENT OF GAMBLING TREATMENT PROGRAM.] 
  5.16     The Minnesota planning agency shall conduct an assessment 
  5.17  of the treatment program established in section 1, in 
  5.18  consultation with the commissioner of human services, the 
  5.19  lottery director, and other experts selected by the director of 
  5.20  state planning or lottery director.  The assessment shall 
  5.21  consider whether the program is able to treat all Minnesotans 
  5.22  seeking treatment, whether the cost of treatment is reasonable, 
  5.23  whether one form of treatment is more patient-effective and 
  5.24  cost-effective than others, and whether the delivery system is 
  5.25  efficient and inexpensive.  The director may contract with an 
  5.26  independent expert to assist in this study on a 
  5.27  request-for-proposal basis.  The report must be presented to the 
  5.28  legislature by February 15, 1998.