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HF 1265

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
 relating to human services; clarifying payment from
the county of responsibility for temporary confinement
under the Civil Commitment Act; amending Minnesota
Statutes 2004, section 253B.045, subdivision 2.

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

Section 1.

Minnesota Statutes 2004, section 253B.045,
subdivision 2, is amended to read:


Subd. 2.

Facilities.

Each county or a group of counties
shall maintain or provide by contract a facility for confinement
of persons held temporarily for observation, evaluation,
diagnosis, treatment, and care. new text begin If no contract is maintained,
the county of financial responsibility shall pay for the costs
of emergency care and treatment of persons held under sections
253B.05, subdivisions 1 and 2, and 253B.07, subdivision 2b,
except that the facility shall bill the responsible health plan
first.new text end When the temporary confinement is provided at a regional
center, the commissioner shall charge the county of financial
responsibility for the costs of confinement of persons
hospitalized under section 253B.05, subdivisions 1 and 2, and
section 253B.07, subdivision 2b, except that the commissioner
shall bill the responsible health plan first. If the person has
health plan coverage, but the hospitalization does not meet the
criteria in subdivision 6 or section 62M.07, 62Q.53, or 62Q.535,
the county is responsible. "County of financial responsibility"
means the county in which the person resides at the time of
confinement or, if the person has no residence in this state,
the county which initiated the confinement. The charge shall be
based on the commissioner's determination of the cost of care
pursuant to section 246.50, subdivision 5. When there is a
dispute as to which county is the county of financial
responsibility, the county charged for the costs of confinement
shall pay for them pending final determination of the dispute
over financial responsibility. Disputes about the county of
financial responsibility shall be submitted to the commissioner
to be settled in the manner prescribed in section 256G.09.