SF 4399

1st Engrossment - 94th Legislature (2025 - 2026)

Posted on 03/19/2026 09:13 a.m.

A bill for an act
relating to state-operated human services; modifying Direct Care and Treatment
data requirements; establishing classification alignment for Direct Care and
Treatment employees; modifying Direct Care and Treatment procedures for patient
consent to medical procedures; modifying voluntary patient transfer procedures;
making technical corrections; amending Minnesota Statutes 2024, sections 3.7381;
13.04, subdivision 4a; 13.384, subdivision 1; 13.46, subdivision 1; 182.6545;
253B.03, subdivision 6; 253B.18, subdivision 14; Minnesota Statutes 2025
Supplement, sections 13.46, subdivision 2; 253B.18, subdivision 6; proposing
coding for new law in Minnesota Statutes, chapter 246C.

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

Section 1.

Minnesota Statutes 2024, section 3.7381, is amended to read:

3.7381 LOSS, DAMAGE, OR DESTRUCTION OF PROPERTY; STATE
INSTITUTIONS; CORRECTIONAL FACILITIES.

(a) The commissioners of deleted text begin human services, deleted text end veterans affairs deleted text begin , deleted text end or corrections new text begin or the Direct
Care and Treatment executive board new text end , as appropriate, shall determine, adjust, and settle, at
any time, claims and demands of $7,000 or less arising from negligent loss, damage, or
destruction of property of a patient of a state institution under the control of the Direct Care
and Treatment executive board or the commissioner of veterans affairs or an inmate of a
state correctional facility.

(b) A claim of more than $7,000, or a claim that was not paid by the appropriate
department new text begin or agency new text end may be presented to, heard, and determined by the appropriate
committees of the senate and the house of representatives and, if approved, shall be paid
pursuant to legislative claims procedure.

(c) The procedure established by this section is exclusive of all other legal, equitable,
and statutory remedies.

Sec. 2.

Minnesota Statutes 2024, section 13.04, subdivision 4a, is amended to read:

Subd. 4a.

Sex offender program data; challenges.

Notwithstanding subdivision 4,
challenges to the accuracy or completeness of data maintained by the Direct Care and
Treatment sex offender program about a civilly committed sex offender as defined in section
246B.01, subdivision 1a, must be submitted in writing to the data practices compliance
official of Direct Care and Treatment new text begin or a designee new text end . The data practices compliance official
new text begin or a designee new text end must respond to the challenge as provided in this section.

Sec. 3.

Minnesota Statutes 2024, section 13.384, subdivision 1, is amended to read:

Subdivision 1.

deleted text begin Definition deleted text end new text begin Definitions new text end .

As used in this section:

(a) "Directory information" means name of the patient, date admitted, and general
condition.

(b) "Medical data" are data collected because an individual was or is a patient or client
of a hospital, nursing home, medical center, clinic, health or nursing agency operated by a
government entity including business and financial records, data provided by private health
care facilities, and data provided by or about relatives of the individual. new text begin Medical data does
not include data collected, maintained, used, or disseminated by Direct Care and Treatment.
new text end

Sec. 4.

Minnesota Statutes 2024, section 13.46, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

As used in this section:

(a) "Individual" means an individual according to section 13.02, subdivision 8, but does
not include a vendor of services.

(b) "Program" includes all programs for which authority is vested in a component of the
welfare system according to statute or federal law, including but not limited to Native
American Tribe programs that provide a service component of the welfare system, the
Minnesota family investment program, medical assistance, general assistance, general
assistance medical care formerly codified in chapter 256D, the child care assistance program,
and child support collections.

(c) "Welfare system" includes the Department of Human Services; Direct Care and
Treatment; the Department of Children, Youth, and Families; local social services agencies;
county welfare agencies; county public health agencies; county veteran services agencies;
county housing agencies; private licensing agencies; the public authority responsible for
child support enforcement; human services boards; community mental health center boards,
state hospitals, state nursing homes, the ombudsman for mental health and developmental
disabilities; Native American Tribes to the extent a Tribe provides a service component of
the welfare system; and persons, agencies, institutions, organizations, and other entities
under contract to any of the above agencies to the extent specified in the contract.

(d) "Mental health data" means data on individual clients and patients of community
mental health centers, established under section 245.62, mental health divisions of counties
and other providers under contract to deliver mental health services, deleted text begin Direct Care and
Treatment mental health services, deleted text end or the ombudsman for mental health and developmental
disabilities.

(e) "Fugitive felon" means a person who has been convicted of a felony and who has
escaped from confinement or violated the terms of probation or parole for that offense.

(f) "Private licensing agency" means an agency licensed by the commissioner of children,
youth, and families under chapter 142B to perform the duties under section 142B.30.

Sec. 5.

Minnesota Statutes 2025 Supplement, section 13.46, subdivision 2, is amended to
read:

Subd. 2.

General.

(a) Data on individuals collected, maintained, used, or disseminated
by the welfare system are private data on individuals, and shall not be disclosed except:

(1) according to section 13.05;

(2) according to court order;

(3) according to a statute specifically authorizing access to the private data;

(4) to an agent or investigator acting on behalf of a county, the state, or the federal
government, including a law enforcement person or attorney in the investigation or
prosecution of a criminal, civil, or administrative proceeding relating to the administration
of a program;

(5) to personnel of the welfare system who require the data to verify an individual's
identity; determine eligibility, amount of assistance, and the need to provide services to an
individual or family across programs; coordinate services for an individual or family;
evaluate the effectiveness of programs; assess parental contribution amounts; and investigate
suspected fraud;

(6) to administer federal funds or programs;

(7) between personnel of the welfare system working in the same program;

(8) to the Department of Revenue to administer and evaluate tax refund or tax credit
programs and to identify individuals who may benefit from these programs, and prepare
the databases for reports required under section 270C.13 and Laws 2008, chapter 366, article
17, section 6. The following information may be disclosed under this paragraph: an
individual's and their dependent's names, dates of birth, Social Security or individual taxpayer
identification numbers, income, addresses, and other data as required, upon request by the
Department of Revenue. Disclosures by the commissioner of revenue to the commissioner
of human services for the purposes described in this clause are governed by section 270B.14,
subdivision 1. Tax refund or tax credit programs include, but are not limited to, the dependent
care credit under section 290.067, the Minnesota working family credit under section
290.0671, the property tax refund under section 290A.04, and the Minnesota education
credit under section 290.0674;

(9) between the Department of Human Services; the Department of Employment and
Economic Development; the Department of Children, Youth, and Families; Direct Care and
Treatment; and, when applicable, the Department of Education, for the following purposes:

(i) to monitor the eligibility of the data subject for unemployment benefits, for any
employment or training program administered, supervised, or certified by that agency;

(ii) to administer any rehabilitation program or child care assistance program, whether
alone or in conjunction with the welfare system;

(iii) to monitor and evaluate the Minnesota family investment program or the child care
assistance program by exchanging data on recipients and former recipients of Supplemental
Nutrition Assistance Program (SNAP) benefits, cash assistance under chapter 142F, 256D,
256J, or 256K, child care assistance under chapter 142E, medical programs under chapter
256B or 256L; and

(iv) to analyze public assistance employment services and program utilization, cost,
effectiveness, and outcomes as implemented under the authority established in Title II,
Sections 201-204 of the Ticket to Work and Work Incentives Improvement Act of 1999.
Health records governed by sections 144.291 to 144.298 and "protected health information"
as defined in Code of Federal Regulations, title 45, section 160.103, and governed by Code
of Federal Regulations, title 45, parts 160-164, including health care claims utilization
information, must not be exchanged under this clause;

(10) to appropriate parties in connection with an emergency if knowledge of the
information is necessary to protect the health or safety of the individual or other individuals
or persons;

(11) data maintained by residential programs as defined in section 245A.02 may be
disclosed to the protection and advocacy system established in this state according to Part
C of Public Law 98-527 to protect the legal and human rights of persons with developmental
disabilities or other related conditions who live in residential facilities for these persons if
the protection and advocacy system receives a complaint by or on behalf of that person and
the person does not have a legal guardian or the state or a designee of the state is the legal
guardian of the person;

(12) to the county medical examiner or the county coroner for identifying or locating
relatives or friends of a deceased person;

(13) data on a child support obligor who makes payments to the public agency may be
disclosed to the Minnesota Office of Higher Education to the extent necessary to determine
eligibility under section 136A.121, subdivision 2, clause (5);

(14) participant Social Security or individual taxpayer identification numbers and names
collected by the telephone assistance program may be disclosed to the Department of
Revenue to conduct an electronic data match with the property tax refund database to
determine eligibility under section 237.70, subdivision 4a;

(15) the current address of a Minnesota family investment program participant may be
disclosed to law enforcement officers who provide the name of the participant and notify
the agency that:

(i) the participant:

(A) is a fugitive felon fleeing to avoid prosecution, or custody or confinement after
conviction, for a crime or attempt to commit a crime that is a felony under the laws of the
jurisdiction from which the individual is fleeing; or

(B) is violating a condition of probation or parole imposed under state or federal law;

(ii) the location or apprehension of the felon is within the law enforcement officer's
official duties; and

(iii) the request is made in writing and in the proper exercise of those duties;

(16) the current address of a recipient of general assistance may be disclosed to probation
officers and corrections agents who are supervising the recipient and to law enforcement
officers who are investigating the recipient in connection with a felony level offense;

(17) information obtained from a SNAP applicant or recipient households may be
disclosed to local, state, or federal law enforcement officials, upon their written request, for
the purpose of investigating an alleged violation of the Food and Nutrition Act, according
to Code of Federal Regulations, title 7, section 272.1(c);

(18) the address, Social Security or individual taxpayer identification number, and, if
available, photograph of any member of a household receiving SNAP benefits shall be made
available, on request, to a local, state, or federal law enforcement officer if the officer
furnishes the agency with the name of the member and notifies the agency that:

(i) the member:

(A) is fleeing to avoid prosecution, or custody or confinement after conviction, for a
crime or attempt to commit a crime that is a felony in the jurisdiction the member is fleeing;

(B) is violating a condition of probation or parole imposed under state or federal law;
or

(C) has information that is necessary for the officer to conduct an official duty related
to conduct described in subitem (A) or (B);

(ii) locating or apprehending the member is within the officer's official duties; and

(iii) the request is made in writing and in the proper exercise of the officer's official duty;

(19) the current address of a recipient of Minnesota family investment program, general
assistance, or SNAP benefits may be disclosed to law enforcement officers who, in writing,
provide the name of the recipient and notify the agency that the recipient is a person required
to register under section 243.166, but is not residing at the address at which the recipient is
registered under section 243.166;

(20) certain information regarding child support obligors who are in arrears may be
made public according to section 518A.74;

(21) data on child support payments made by a child support obligor and data on the
distribution of those payments excluding identifying information on obligees may be
disclosed to all obligees to whom the obligor owes support, and data on the enforcement
actions undertaken by the public authority, the status of those actions, and data on the income
of the obligor or obligee may be disclosed to the other party;

(22) data in the work reporting system may be disclosed under section 142A.29,
subdivision 7;

(23) to the Department of Education for the purpose of matching Department of Education
student data with public assistance data to determine students eligible for free and
reduced-price meals, meal supplements, and free milk according to United States Code,
title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to allocate federal and state
funds that are distributed based on income of the student's family; and to verify receipt of
energy assistance for the telephone assistance plan;

(24) the current address and telephone number of program recipients and emergency
contacts may be released to the commissioner of health or a community health board as
defined in section 145A.02, subdivision 5, when the commissioner or community health
board has reason to believe that a program recipient is a disease case, carrier, suspect case,
or at risk of illness, and the data are necessary to locate the person;

(25) to other state agencies, statewide systems, and political subdivisions of this state,
including the attorney general, and agencies of other states, interstate information networks,
federal agencies, and other entities as required by federal regulation or law for the
administration of the child support enforcement program;

(26) to personnel of public assistance programs as defined in section 518A.81, for access
to the child support system database for the purpose of administration, including monitoring
and evaluation of those public assistance programs;

(27) to monitor and evaluate the Minnesota family investment program by exchanging
data between the Departments of Human Services; Children, Youth, and Families; and
Education, on recipients and former recipients of SNAP benefits, cash assistance under
chapter 142F, 256D, 256J, or 256K, child care assistance under chapter 142E, medical
programs under chapter 256B or 256L, or a medical program formerly codified under chapter
256D;

(28) to evaluate child support program performance and to identify and prevent fraud
in the child support program by exchanging data between the Department of Human Services;
Department of Children, Youth, and Families; Department of Revenue under section 270B.14,
subdivision 1, paragraphs (a) and (b), without regard to the limitation of use in paragraph
(c); Department of Health; Department of Employment and Economic Development; and
other state agencies as is reasonably necessary to perform these functions;

(29) counties and the Department of Children, Youth, and Families operating child care
assistance programs under chapter 142E may disseminate data on program participants,
applicants, and providers to the commissioner of education;

(30) child support data on the child, the parents, and relatives of the child may be
disclosed to agencies administering programs under titles IV-B and IV-E of the Social
Security Act, as authorized by federal law;

(31) to a health care provider governed by sections 144.291 to 144.298, to the extent
necessary to coordinate services;

(32) to the chief administrative officer of a school to coordinate services for a student
and family; data that may be disclosed under this clause are limited to name, date of birth,
gender, and address;

(33) to county correctional agencies to the extent necessary to coordinate services and
diversion programs; data that may be disclosed under this clause are limited to name, client
demographics, program, case status, and county worker information; or

(34) between the Department of Human Services and the Metropolitan Council for the
following purposes:

(i) to coordinate special transportation service provided under section 473.386 with
services for people with disabilities and elderly individuals funded by or through the
Department of Human Services; and

(ii) to provide for reimbursement of special transportation service provided under section
473.386.

The data that may be shared under this clause are limited to the individual's first, last, and
middle names; date of birth; residential address; and program eligibility status with expiration
date for the purposes of informing the other party of program eligibility.

(b) Information on persons who have been treated for substance use disorder may only
be disclosed according to the requirements of Code of Federal Regulations, title 42, sections
2.1 to 2.67.

(c) Data provided to law enforcement agencies under paragraph (a), clause (15), (16),
(17), or (18), or paragraph (b), are investigative data and are confidential or protected
nonpublic while the investigation is active. The data are private after the investigation
becomes inactive under section 13.82, subdivision 7, clause (a) or (b).

(d) Mental health data shall be treated as provided in subdivisions 7, 8, and 9, but are
not subject to the access provisions of subdivision 10, paragraph (b).

new text begin (e) new text end For the purposes of this subdivision, a request deleted text begin will be deleted text end new text begin is new text end deemed to be made in writing
if made through a computer interface system.

new text begin (f) Direct Care and Treatment may disclose data pursuant to this subdivision regardless
of any restrictions on disclosure of that data under sections 144.291 to 144.298.
new text end

new text begin (g) Notwithstanding section 144.2925, Direct Care and Treatment may disclose data as
permitted by law.
new text end

new text begin (h) Direct Care and Treatment may disclose welfare system data held by the agency to
facilitate coordination of guardianship services for Direct Care and Treatment clients,
including but not limited to making disclosures in guardianship proceedings, identifying
potential guardians, communicating with guardianship legal representation, and reporting
complaints to the Minnesota Judicial Branch or the Office of Ombudsman for Mental Health
and Developmental Disabilities. Direct Care and Treatment must obtain the client's consent
to the disclosure except when the client:
new text end

new text begin (1) lacks capacity to provide the consent; or
new text end

new text begin (2) has a current legal guardian who is unavailable, is nonresponsive, or refuses to
authorize the disclosure in relation to complaints to the Minnesota Judicial Branch or Office
of Ombudsman for Mental Health and Developmental Disabilities.
new text end

Sec. 6.

Minnesota Statutes 2024, section 182.6545, is amended to read:

182.6545 RIGHTS OF NEXT OF KIN UPON DEATH.

In the case of a death of an employee, the department shall make reasonable efforts to
locate the employee's next of kin and shall mail to them copies of the following:

(1) citations and notification of penalty;

(2) notices of hearings;

(3) complaints and answers;

(4) settlement agreements;

(5) orders and decisions; and

(6) notices of appeals.

In addition, the next of kin shall have the right to request a consultation with the
department regarding citations and notification of penalties issued as a result of the
investigation of the employee's death. For the purposes of this section, "next of kin" refers
to the nearest proper relative as that term is defined by section 253B.03, subdivision 6,
paragraph (b), clause deleted text begin (3) deleted text end new text begin (10) new text end .

Sec. 7.

new text begin [246C.051] CLASSIFICATION ALIGNMENT FOR DIRECT CARE AND
TREATMENT EMPLOYEES.
new text end

new text begin (a) Notwithstanding section 43A.08; Minnesota Rules, part 3900.1300; or any other law
to the contrary, Direct Care and Treatment may, with approval from Minnesota Management
and Budget, convert employees deemed unclassified pursuant to pilot authority of the
Department of Human Services under Laws 1997, chapter 97, section 18, into the classified
service.
new text end

new text begin (b) Employees converted to the classified service pursuant to this section are subject to
the terms and conditions of employment applicable to positions in the classified service
pursuant to statute, rule, bargaining unit or compensation plan, and agency policy, including
but not limited to required probationary periods and mandatory training requirements.
new text end

new text begin (c) Employees converted to the classified service pursuant to this section must not receive
a reduction in salary at the time of the conversion.
new text end

Sec. 8.

Minnesota Statutes 2024, section 253B.03, subdivision 6, is amended to read:

Subd. 6.

Consent for medical procedure.

(a) A patient has the right to give prior consent
to any medical deleted text begin or surgical deleted text end treatment new text begin , including but not limited to surgery new text end , other than treatment
for chemical dependency or nonintrusive treatment for mental illness. new text begin For purposes of this
subdivision only, "patient" includes a person committed under chapter 253D who is in a
state-operated treatment program.
new text end

(b) The following procedures shall be used to obtain consent for any treatment necessary
to preserve the life or health of any committed patient:

(1) the written, informed consent of a competent adult patient for the treatment is
sufficient;

(2) if the patient is subject to guardianship which includes the provision of medical care,
the written, informed consent of the guardian for the treatment is sufficient;

(3) new text begin for a patient in a treatment facility, new text end if the head of the treatment facility deleted text begin or
state-operated treatment program deleted text end determines that the patient is not competent to consent to
the treatment and the patient has not been adjudicated incompetent, written, informed consent
for the deleted text begin surgery or deleted text end medical treatment shall be obtained from the person appointed the health
care power of attorney, the patient's agent under the health care directive, or the nearest
proper relative. deleted text begin For this purpose, the following persons are proper relatives, in the order
listed: the patient's spouse, parent, adult child, or adult sibling. deleted text end If the nearest proper deleted text begin relatives deleted text end new text begin
relative new text end cannot be located, deleted text begin refuse deleted text end new text begin refuses new text end to consent to the procedure, or deleted text begin are deleted text end new text begin is new text end unable to
consent, the head of the treatment facility deleted text begin or state-operated treatment program deleted text end or an interested
person new text begin , as defined by section 524.5-102, subdivision 7, new text end may petition the committing court
for approval for the treatment or may petition a court of competent jurisdiction for the
appointment of a guardian. The determination that the patient is not competent, and the
reasons for the determination, shall be documented in the patient's clinical record;

new text begin (4) for patients in a state-operated treatment program, if (i) the patient does not have a
health care power of attorney or an agent under a health care directive or the patient's health
care agent is not reasonably available to make the necessary health care decision for the
patient, and (ii) the patient's treating physician determines that the patient lacks
decision-making capacity to consent to the medical treatment, the state-operated treatment
program must make a good faith attempt to locate the patient's nearest proper relative to
obtain written informed consent for the medical treatment;
new text end

new text begin (5) if the state-operated treatment program is unable to reasonably locate a proper relative,
the executive medical director has decision-making authority for the health care decision
for the patient;
new text end

new text begin (6) any health care decision made by the executive medical director under clause (5)
must be consistent with any documented patient health care directive and with reasonable
medical practice and applicable law;
new text end

new text begin (7) if the state-operated treatment program consults with the patient's nearest proper
relative under clause (4) and the patient's nearest proper relative and the patient's treating
physician are not in agreement with respect to a medical treatment decision, the state-operated
treatment program or an interested person may petition the committing court for approval
of the treatment. The state-operated program may also petition a court of competent
jurisdiction for the appointment of a guardian at any time. If a court determines that a patient
is not competent, the determination and the reasons for the determination must be documented
in the patient's clinical record;
new text end

new text begin (8) before proceeding with treatment under clause (5), a state-operated treatment program
must inform the patient of the determination, the proposed treatment, and the right to request
review. Upon the request of the patient or an interested person a second physician not directly
involved in the patient's current treatment must review the incapacity determination. The
executive medical director must review the proposed treatment decision and the second
physician's review and make an updated determination. A state-operated treatment program
may proceed with treatment of the patient while a review under this clause is pending;
new text end

new text begin (9) if a patient or interested person is dissatisfied with the outcome of the review under
clause (8), the patient or interested person may petition the committing court under section
253B.17 for review of the determination made under clause (8). Filing a petition under
section 253B.17 does not stay treatment under this subdivision unless otherwise ordered by
the court. In reviewing the executive medical director's decision under clause (8) and issuing
a determination, the court must determine if the patient lacks capacity. If the patient lacks
capacity, the court must determine if the patient clearly stated what the patient would choose
to do in the situation when the patient had the capacity to make a reasoned decision. Evidence
of the patient's wishes may include written instruments, including a durable power of attorney
for health care under chapter 145C or a declaration under section 253B.03, subdivision 6d.
If the court finds that the patient clearly stated what the patient would choose to do in the
situation, the patient's wishes must be followed. If the court determines that the evidence
of the patient's wishes regarding the situation is conflicting or lacking, the court must make
a decision based on what a reasonable person would do, taking into consideration:
new text end

new text begin (i) the patient's family, community, moral, religious, and social values;
new text end

new text begin (ii) the medical risks, benefits, and alternatives to the proposed treatment;
new text end

new text begin (iii) past efficacy and any extenuating circumstances of past experience with the particular
medical treatment; and
new text end

new text begin (iv) any other relevant factors;
new text end

new text begin (10) for purposes of this subdivision, the following persons are proper relatives, in the
order listed: the patient's spouse, parent, adult child, or adult sibling;
new text end

deleted text begin (4) deleted text end new text begin (11) new text end consent to treatment of any minor patient shall be secured in accordance with
sections 144.341 to 144.346. A minor 16 years of age or older may consent to hospitalization,
routine diagnostic evaluation, and emergency or short-term acute care; and

deleted text begin (5) deleted text end new text begin (12) new text end in the case of an emergency when the persons ordinarily qualified to give consent
cannot be located in sufficient time to address the emergency need, the head of the treatment
facility or state-operated treatment program may give consent.

(c) No person who consents to treatment pursuant to the provisions of this subdivision
shall be civilly or criminally liable for the performance or the manner of performing the
treatment. No person shall be liable for performing treatment without consent if written,
informed consent was given pursuant to this subdivision. This provision shall not affect any
other liability which may result from the manner in which the treatment is performed.

new text begin (d) When a determination is made under paragraph (b), clauses (5) and (8), the
state-operated treatment program must document the following information in the patient's
clinical record:
new text end

new text begin (1) the determination of incapacity and the clinical basis for the determination;
new text end

new text begin (2) the specific treatment authorized;
new text end

new text begin (3) the person who provided consent or who made the determination allowing the
treatment;
new text end

new text begin (4) the efforts made to locate and consult with a health care agent or nearest proper
relative; and
new text end

new text begin (5) the patient's expressed preferences regarding the treatment, if known, and how the
preferences were considered.
new text end

new text begin (e) The executive medical director must review a determination that a patient lacks
capacity periodically as medically appropriate, but not less than every six months. The
outcome of a review under this paragraph must be documented in the patient's clinical
record.
new text end

Sec. 9.

Minnesota Statutes 2025 Supplement, section 253B.18, subdivision 6, is amended
to read:

Subd. 6.

Transfer.

(a) A patient who is a person who has a mental illness and is
dangerous to the public shall not be transferred out of a secure treatment facility unless it
appears to the satisfaction of the executive board, after a hearing and favorable
recommendation by a majority of the special review board, that the transfer is appropriate.
Transfer may be to another state-operated treatment program. In those instances where a
commitment also exists to the Department of Corrections, transfer may be to a facility
designated by the commissioner of corrections.

(b) The following factors must be considered in determining whether a transfer is
appropriate:

(1) the person's clinical progress and present treatment needs;

(2) the need for security to accomplish continuing treatment;

(3) the need for continued institutionalization;

(4) which facility can best meet the person's needs; and

(5) whether transfer can be accomplished with a reasonable degree of safety for the
public.

(c) If a committed person has been transferred out of a secure treatment facility pursuant
to this subdivision, that committed person may voluntarily return to a secure treatment
facility deleted text begin for a period of up to 60 days deleted text end with the consent of the head of the treatment facility deleted text begin . deleted text end new text begin
for a period of up to:
new text end

new text begin (1) 90 days if due to a psychiatric medical condition; or
new text end

new text begin (2) six months if due to a nonpsychiatric medical condition.
new text end

(d) If the committed person is not returned to the original, nonsecure transfer facility
within deleted text begin 60 deleted text end new text begin 90 new text end days of being readmitted to a secure treatment facility new text begin if due to a psychiatric
medical condition or within six months of being readmitted to a secure treatment facility if
due to a nonpsychiatric medical condition new text end , the transfer is revoked and the committed person
must remain in a secure treatment facility. The committed person must immediately be
notified in writing of the revocation.

(e) Within 15 days of receiving notice of the revocation, the committed person may
petition the special review board for a review of the revocation. The special review board
shall review the circumstances of the revocation and shall recommend to the executive
board whether or not the revocation should be upheld. The special review board may also
recommend a new transfer at the time of the revocation hearing.

(f) No action by the special review board is required if the transfer has not been revoked
and the committed person is returned to the original, nonsecure transfer facility with no
substantive change to the conditions of the transfer ordered under this subdivision.

(g) The head of the treatment facility may revoke a transfer made under this subdivision
and require a committed person to return to a secure treatment facility if:

(1) remaining in a nonsecure setting does not provide a reasonable degree of safety to
the committed person or others; or

(2) the committed person has regressed clinically and the facility to which the committed
person was transferred does not meet the committed person's needs.

(h) Upon the revocation of the transfer, the committed person must be immediately
returned to a secure treatment facility. A report documenting the reasons for revocation
must be issued by the head of the treatment facility within seven days after the committed
person is returned to the secure treatment facility. Advance notice to the committed person
of the revocation is not required.

(i) The committed person must be provided a copy of the revocation report and informed,
orally and in writing, of the rights of a committed person under this section. The revocation
report must be served upon the committed person, the committed person's counsel, and the
designated agency. The report must outline the specific reasons for the revocation, including
but not limited to the specific facts upon which the revocation is based.

(j) If a committed person's transfer is revoked, the committed person may re-petition for
transfer according to subdivision 5.

(k) A committed person aggrieved by a transfer revocation decision may petition the
special review board within seven business days after receipt of the revocation report for a
review of the revocation. The matter must be scheduled within 30 days. The special review
board shall review the circumstances leading to the revocation and, after considering the
factors in paragraph (b), shall recommend to the executive board whether or not the
revocation shall be upheld. The special review board may also recommend a new transfer
out of a secure treatment facility at the time of the revocation hearing.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2026.
new text end

Sec. 10.

Minnesota Statutes 2024, section 253B.18, subdivision 14, is amended to read:

Subd. 14.

Voluntary readmission.

(a) With the consent of the head of the treatment
facility or state-operated treatment program, a patient may voluntarily return from provisional
discharge new text begin with the consent of the designated agency new text end for a period of up to new text begin :
new text end

new text begin (1) new text end 30 days deleted text begin , or deleted text end new text begin ;
new text end

new text begin (2) new text end deleted text begin up to deleted text end deleted text begin 60 deleted text end new text begin 90 new text end days deleted text begin with the consent of the designated agency. deleted text end new text begin if due to a psychiatric
medical condition; or
new text end

new text begin (3) six months if due to a nonpsychiatric medical condition.
new text end

new text begin (b) new text end If the patient is not returned to provisional discharge status within deleted text begin 60 deleted text end new text begin 90 new text end days new text begin of
being readmitted if due to a psychiatric medical condition or within six months of being
readmitted if due to a nonpsychiatric medical condition new text end , the provisional discharge is revoked.
Within 15 days of receiving notice of the change in status, the patient may request a review
of the matter before the special review board. The special review board may recommend a
return to a provisional discharge status.

deleted text begin (b) deleted text end new text begin (c) new text end The treatment facility or state-operated treatment program is not required to
petition for a further review by the special review board unless the patient's return to the
community results in substantive change to the existing provisional discharge plan. All the
terms and conditions of the provisional discharge order shall remain unchanged if the patient
is released again.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2026.
new text end