as introduced - 92nd Legislature (2021 - 2022) Posted on 04/22/2021 11:47am
A bill for an act
relating to public safety; requiring disclosure of a person's status as a registered
predatory offender to a hospice provider; amending Minnesota Statutes 2020,
section 243.166, subdivision 4b.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2020, section 243.166, subdivision 4b, is amended to read:
(a) For the purposes of this subdivision:
(1) "health care facility" means a facility:
(i) licensed by the commissioner of health as a hospital, boarding care home or supervised
living facility under sections 144.50 to 144.58, or a nursing home under chapter 144A;
(ii) registered by the commissioner of health as a housing with services establishment
as defined in section 144D.01; or
(iii) licensed by the commissioner of human services as a residential facility under
chapter 245A to provide adult foster care, adult mental health treatment, chemical dependency
treatment to adults, or residential services to persons with disabilities; deleted text begin and
deleted text end
(2) "home care provider" has the meaning given in section 144A.43deleted text begin .deleted text end new text begin ; and
new text end
new text begin
(3) "hospice provider" has the meaning given in section 144A.75.
new text end
(b) Prior to admission to a health care facility or home care services from a home care
providernew text begin or hospice services from a hospice providernew text end , a person required to register under
this section shall disclose to:
(1) the health care facility employee or the home care provider new text begin or hospice provider
new text end processing the admission the person's status as a registered predatory offender under this
section; and
(2) the person's corrections agent, or if the person does not have an assigned corrections
agent, the law enforcement authority with whom the person is currently required to register,
that admission will occur.
(c) A law enforcement authority or corrections agent who receives notice under paragraph
(b) or who knows that a person required to register under this section is planning to be
admitted and receive, or has been admitted and is receiving health care at a health care
facility or home care services from a home care providernew text begin or hospice services from a hospice
providernew text end , shall notify the administrator of the facility or the home care providernew text begin or the hospice
providernew text end and deliver a fact sheet to the administrator or provider containing the following
information: (1) name and physical description of the offender; (2) the offender's conviction
history, including the dates of conviction; (3) the risk level classification assigned to the
offender under section 244.052, if any; and (4) the profile of likely victims.
(d) Except for a hospital licensed under sections 144.50 to 144.58, if a health care facility
receives a fact sheet under paragraph (c) that includes a risk level classification for the
offender, and if the facility admits the offender, the facility shall distribute the fact sheet to
all residents at the facility. If the facility determines that distribution to a resident is not
appropriate given the resident's medical, emotional, or mental status, the facility shall
distribute the fact sheet to the patient's next of kin or emergency contact.
(e) If a home care provider new text begin or hospice provider new text end receives a fact sheet under paragraph (c)
that includes a risk level classification for the offender, the provider shall distribute the fact
sheet to any individual who will provide direct services to the offender before the individual
begins to provide the service.