HF 1266

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

A bill for an act
relating to human services; modifying discharge plans
for offenders with serious and persistent mental
illness; clarifying eligibility for medical assistance
for offenders released for work release; authorizing
commissioner of corrections to enter into a purchasing
pool for prescription drugs; allocating housing funds
for projects that provide employment support; amending
Minnesota Statutes 2004, sections 241.01, by adding a
subdivision; 244.054; 256B.055, by adding a
subdivision.

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

Section 1.

Minnesota Statutes 2004, section 241.01, is
amended by adding a subdivision to read:

new text begin Subd. 10. new text end

new text begin Purchasing for prescription drugs. new text end

new text begin In
accordance with section 241.021, subdivision 4, the commissioner
may contract with a separate entity to purchase prescription
drugs for persons confined in institutions under the control of
the commissioner. Local governments may participate in this
purchasing pool in order to purchase prescription drugs for
those persons confined in local correctional facilities in which
the local government has responsibility for providing health
care. If any county participates, the commissioner shall
appoint a county representative to any committee convened by the
commissioner for the purpose of establishing a drug formulary to
be used for state and local correctional facilities.
new text end

Sec. 2.

Minnesota Statutes 2004, section 244.054, is
amended to read:

244.054 DISCHARGE PLANS; OFFENDERS WITH SERIOUS AND
PERSISTENT MENTAL ILLNESS.

Subdivision 1.

Offer to develop plan.

The commissioner
of human services, in collaboration with the commissioner of
corrections, shall offer to develop a discharge plan for
community-based services for every offender with serious and
persistent mental illness, as defined in section 245.462,
subdivision 20, paragraph (c), new text begin and every offender who has had a
diagnosis of mental illness and would otherwise be eligible for
case management services under section 245.462, subdivision 20,
paragraph (c), but for the requirement that the offender be
hospitalized or in residential treatment, new text end who is being released
from a correctional facility. If an offender is being released
pursuant to section 244.05, the offender may choose to have the
discharge plan made one of the conditions of the offender's
supervised release and shall follow the conditions to the extent
that services are available and offered to the offender.

Subd. 2.

Content of plan.

If an offender chooses to have
a discharge plan developed, the commissioner of human services
shall develop and implement a discharge plan, which must include
at least the following:

(1) at least 90 days before the offender is due to be
discharged, the commissioner of human services shall designate
deleted text begin an agent of the Department of Human Services deleted text end new text begin a discharge planner
new text end with mental health training to serve as the primary person
responsible for carrying out discharge planning activities;

(2) at least 75 days before the offender is due to be
discharged, the offender's deleted text begin designated agent deleted text end new text begin discharge planner
new text end shall:

(i) obtain informed consent and releases of information
from the offender that are needed for transition services new text begin , and
forward them to the appropriate local entity new text end ; new text begin and
new text end

(ii) contact the county human services department in the
community where the offender expects to reside following
discharge, and inform the department of the offender's impending
discharge and the planned date of the offender's return to the
community; determine whether the county or a designated
contracted provider will provide case management services to the
offender; refer the offender to the case management services
provider; and confirm that the case management services provider
will have opened the offender's case prior to the offender's
discharge; deleted text begin and
deleted text end

deleted text begin (iii) refer the offender to appropriate staff in the county
human services department in the community where the offender
expects to reside following discharge, for enrollment of the
offender if eligible in medical assistance or general assistance
medical care, using special procedures established by process
and Department of Human Services bulletin;
deleted text end

(3) at least 2-1/2 months before discharge, the offender's
deleted text begin designated agent deleted text end new text begin discharge planner new text end shall secure timely
appointments for the offender with a psychiatrist no later than
30 days following discharge, and with other program staff at a
community mental health provider that is able to serve former
offenders with serious and persistent mental illness;

(4) at least 30 days before discharge, the offender's
deleted text begin designated agent deleted text end new text begin discharge planner new text end shall convene a predischarge
assessment and planning meeting of key staff from the programs
in which the offender has participated while in the correctional
facility, the offender, the supervising agent, and the mental
health case management services provider assigned to the
offender. At the meeting, attendees shall provide background
information and continuing care recommendations for the
offender, including information on the offender's risk for
relapse; current medications, including dosage and frequency;
therapy and behavioral goals; diagnostic and assessment
information, including results of a chemical dependency
evaluation; confirmation of appointments with a psychiatrist and
other program staff in the community; a relapse prevention plan;
continuing care needs; needs for housing, employment, and
finance support and assistance; and recommendations for
successful community integration, including chemical dependency
treatment or support if chemical dependency is a risk factor.
Immediately following this meeting, the offender's deleted text begin designated
agent deleted text end new text begin discharge planner new text end shall summarize this background
information and continuing care recommendations in a written
report new text begin . The discharge planner shall determine whether the
offender is eligible for medical assistance, general assistance
medical care, or the MinnesotaCare program and shall enroll the
offender, if eligible, using special procedures established by
process and in accordance with a Department of Human Services
bulletin new text end ;

(5) immediately following the predischarge assessment and
planning meeting, the provider of mental health case management
services who will serve the offender following discharge shall
offer to make arrangements and referrals for housing, financial
support, benefits assistance, employment counseling, and other
services required in sections 245.461 to 245.486;

(6) at least ten days before the offender's first scheduled
postdischarge appointment with a mental health provider, the
offender's deleted text begin designated agent deleted text end new text begin discharge planner new text end shall transfer the
following records to the offender's case management services
provider and psychiatrist: the predischarge assessment and
planning report, medical records, and pharmacy records. These
records may be transferred only if the offender provides
informed consent for their release;

(7) upon discharge, the offender's deleted text begin designated agent
deleted text end new text begin discharge planner new text end shall ensure that the offender leaves the
correctional facility with at least a ten-day supply of all
necessary medications; and

(8) upon discharge, the prescribing authority at the
offender's correctional facility shall telephone in
prescriptions for all necessary medications to a pharmacy in the
community where the offender plans to reside. The prescriptions
must provide at least a deleted text begin 30-day deleted text end new text begin 60-day new text end supply of all necessary
medications, and must be able to be refilled once for one
additional 30-day supply.

Sec. 3.

Minnesota Statutes 2004, section 256B.055, is
amended by adding a subdivision to read:

new text begin Subd. 14. new text end

new text begin Persons detained by law. new text end

new text begin (a) An inmate of a
correctional facility who is conditionally released as
authorized under section 241.26, 244.065, or 631.425 is eligible
for medical assistance if the individual does not require the
security of a public detention facility and is housed in a
halfway house or community correction center, or under house
arrest and monitored by electronic surveillance in a residence
approved by the commissioner of corrections.
new text end

new text begin (b) An individual, regardless of age, who is involuntarily
detained by law in the custody of a correctional or detention
facility as an individual accused or convicted of a crime, is
not eligible for medical assistance. An individual is not
determined to be involuntarily detained for purposes of medical
assistance eligibility if the individual is placed in a
detention facility for a temporary period pending other
arrangements appropriate to the individual's needs, if the
period of time does not exceed 60 days.
new text end

Sec. 4. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective August 1, 2006, or upon health match
implementation, whichever is later.
new text end