1.1 	A bill for an act
1.2 	relating to human services; clarifying payment from
1.3 	the county of responsibility for temporary confinement
1.4 	under the Civil Commitment Act; amending Minnesota
1.5 	Statutes 2004, section 253B.045, subdivision 2.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2004, section 253B.045,
1.8 	subdivision 2, is amended to read:
1.9 		Subd. 2.Facilities.  Each county or a group of counties
1.10 	shall maintain or provide by contract a facility for confinement
1.11 	of persons held temporarily for observation, evaluation,
1.12 	diagnosis, treatment, and care. The commissioner of human
1.13 	services shall enforce this requirement.  If a facility incurs
1.14 	expenses as a result of the Emergency Medical Treatment and
1.15 	Labor Act under federal law for a resident of another county,
1.16 	the state shall pay for the costs of emergency care and
1.17 	treatment of persons held under sections 253B.05, subdivisions 1
1.18 	and 2, and 253B.07, subdivision 2b, except that the facility
1.19 	shall bill the responsible health plan first.When the
1.20 	temporary confinement is provided at a regional center, the
1.21 	commissioner shall charge the county of financial responsibility
1.22 	for the costs of confinement of persons hospitalized under
1.23 	section 253B.05, subdivisions 1 and 2, and section 253B.07,
1.24 	subdivision 2b, except that the commissioner shall bill the
1.25 	responsible health plan first.  If the person has health plan
2.1 	coverage, but the hospitalization does not meet the criteria in
2.2 	subdivision 6 or section 62M.07, 62Q.53, or 62Q.535, the county
2.3 	is responsible. "County of financial responsibility" means the
2.4 	county in which the person resides at the time of confinement
2.5 	or, if the person has no residence in this state, the county
2.6 	which initiated the confinement.  The charge shall be based on
2.7 	the commissioner's determination of the cost of care pursuant to
2.8 	section 246.50, subdivision 5.  When there is a dispute as to
2.9 	which county is the county of financial responsibility, the
2.10 	county charged for the costs of confinement shall pay for them
2.11 	pending final determination of the dispute over financial
2.12 	responsibility.  Disputes about the county of financial
2.13 	responsibility shall be submitted to the commissioner to be
2.14 	settled in the manner prescribed in section 256G.09.