HF 3213

1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to human services; correcting inconsistencies 
  1.3             in mental health services coverage under provided 
  1.4             health plans; amending Minnesota Statutes 2000, 
  1.5             section 245.50, subdivisions 1, 2, 5. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2000, section 245.50, 
  1.8   subdivision 1, is amended to read: 
  1.9      Subdivision 1.  [DEFINITIONS.] For purposes of this 
  1.10  section, the following terms have the meanings given them. 
  1.11     (a) "Bordering state" means Iowa, North Dakota, South 
  1.12  Dakota, or Wisconsin. 
  1.13     (b) "Receiving agency or facility" means a public or 
  1.14  private hospital, mental health center, or other person or 
  1.15  organization authorized by a state to provide which provides 
  1.16  mental health services under this section to individuals from a 
  1.17  state other than the state in which the agency is located. 
  1.18     (c) "Receiving state" means the state in which a receiving 
  1.19  agency is located. 
  1.20     (d) "Sending agency" means a state or county agency which 
  1.21  sends an individual to a bordering state for treatment under 
  1.22  this section. 
  1.23     (e) "Sending state" means the state in which the sending 
  1.24  agency is located. 
  1.25     Sec. 2.  Minnesota Statutes 2000, section 245.50, 
  2.1   subdivision 2, is amended to read: 
  2.2      Subd. 2.  [PURPOSE AND AUTHORITY.] (a) The purpose of this 
  2.3   section is to enable appropriate treatment to be provided to 
  2.4   individuals, across state lines from the individual's state of 
  2.5   residence, in qualified facilities that are closer to the homes 
  2.6   of individuals than are facilities available in the individual's 
  2.7   home state. 
  2.8      (b) Unless prohibited by another law and subject to the 
  2.9   exceptions listed in subdivision 3, a county board or the 
  2.10  commissioner of human services may contract with an agency or 
  2.11  facility in a bordering state for mental health services for 
  2.12  residents of Minnesota, and a Minnesota mental health agency or 
  2.13  facility may contract to provide services to residents of 
  2.14  bordering states.  Except as provided in subdivision 5, a person 
  2.15  who receives services in another state under this section is 
  2.16  subject to the laws of the state in which services are 
  2.17  provided.  A person who will receive services in another state 
  2.18  under this section must be informed of the consequences of 
  2.19  receiving services in another state, including the implications 
  2.20  of the differences in state laws, to the extent the individual 
  2.21  will be subject to the laws of the receiving state. 
  2.22     Sec. 3.  Minnesota Statutes 2000, section 245.50, 
  2.23  subdivision 5, is amended to read: 
  2.24     Subd. 5.  [SPECIAL CONTRACTS; WISCONSIN BORDERING 
  2.25  STATES.] The commissioner of the Minnesota department of human 
  2.26  services must enter into negotiations with appropriate personnel 
  2.27  at the Wisconsin department of health and social services and 
  2.28  must develop an agreement that conforms to the requirements of 
  2.29  subdivision 4, to enable the placement in Minnesota of patients 
  2.30  who are on emergency holds or who have been involuntarily 
  2.31  committed as mentally ill or chemically dependent in Wisconsin 
  2.32  and to enable the temporary placement in Wisconsin of patients 
  2.33  who are on emergency holds in Minnesota under section 253B.05, 
  2.34  provided that the Minnesota courts retain jurisdiction over 
  2.35  Minnesota patients, and the state of Wisconsin affords to 
  2.36  Minnesota patients the rights under Minnesota law.  Persons 
  3.1   committed by the Wisconsin courts and placed in Minnesota 
  3.2   facilities shall continue to be in the legal custody of 
  3.3   Wisconsin and Wisconsin's laws governing length of commitment, 
  3.4   reexaminations, and extension of commitment shall continue to 
  3.5   apply to these residents.  In all other respects, Wisconsin 
  3.6   residents placed in Minnesota facilities are subject to 
  3.7   Minnesota laws.  The agreement must specify that responsibility 
  3.8   for payment for the cost of care of Wisconsin residents shall 
  3.9   remain with the state of Wisconsin and the cost of care of 
  3.10  Minnesota residents shall remain with the state of Minnesota.  
  3.11  The commissioner shall be assisted by attorneys from the 
  3.12  Minnesota attorney general's office in negotiating and 
  3.13  finalizing this agreement.  The agreement shall be completed so 
  3.14  as to permit placement of Wisconsin residents in Minnesota 
  3.15  facilities and Minnesota residents in Wisconsin facilities 
  3.16  beginning July 1, 1994. (a) An individual who is detained, 
  3.17  committed, or placed on an involuntary basis under chapter 253B 
  3.18  may be confined or treated in a bordering state pursuant to a 
  3.19  contract under this section.  An individual who is detained, 
  3.20  committed, or placed on an involuntary basis under the civil law 
  3.21  of a bordering state may be confined or treated in Minnesota 
  3.22  pursuant to a contract under this section.  A peace or health 
  3.23  officer who is acting under the authority of the sending state 
  3.24  may transport an individual to a receiving agency that provides 
  3.25  services pursuant to a contract under this section, and may 
  3.26  transport the individual back to the sending state under the 
  3.27  laws of the sending state.  Court orders valid under the law of 
  3.28  the sending state are granted recognition and reciprocity in the 
  3.29  receiving state for individuals covered by a contract under this 
  3.30  section to the extent that the court orders relate to 
  3.31  confinement for treatment or care of mental illness.  Such 
  3.32  treatment or care may address other conditions that may be 
  3.33  cooccurring with the mental illness.  These court orders are not 
  3.34  subject to legal challenge in the courts of the receiving 
  3.35  state.  Individuals who are detained, committed, or placed under 
  3.36  the law of a sending state and who are transferred to a 
  4.1   receiving state under this section continue to be in the legal 
  4.2   custody of the authority responsible for them under the law of 
  4.3   the sending state.  Except in emergencies, those individuals may 
  4.4   not be transferred, removed, or furloughed from a receiving 
  4.5   agency without the specific approval of the authority 
  4.6   responsible for them under the law of the sending state. 
  4.7      (b) While in the receiving state pursuant to a contract 
  4.8   under this section, an individual shall be subject to the 
  4.9   sending state's laws and rules relating to length of 
  4.10  confinement, reexaminations, and extensions of confinement.  No 
  4.11  individual may be sent to another state pursuant to a contract 
  4.12  under this section until the receiving state has enacted a law 
  4.13  recognizing the validity and applicability of this section. 
  4.14     (c) If an individual receiving services pursuant to a 
  4.15  contract under this section leaves the receiving agency without 
  4.16  permission and the individual is subject to involuntary 
  4.17  confinement under the law of the sending state, the receiving 
  4.18  agency shall use all reasonable means to return the individual 
  4.19  to the receiving agency.  The receiving agency shall immediately 
  4.20  report the absence to the sending agency.  The receiving state 
  4.21  has the primary responsibility for, and the authority to direct, 
  4.22  the return of these individuals within its borders and is liable 
  4.23  for the cost of the action to the extent that it would be liable 
  4.24  for costs of its own resident. 
  4.25     (d) Responsibility for payment for the cost of care remains 
  4.26  with the sending agency. 
  4.27     (e) This subdivision also applies to county contracts under 
  4.28  subdivision 2 which include emergency care and treatment 
  4.29  provided to a county resident in a bordering state.