HF 3570

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to human services; prohibiting personal liability for certain persons with
mental illness; amending Minnesota Statutes 2006, section 246.51, subdivision 1.

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

Section 1.

Minnesota Statutes 2006, section 246.51, subdivision 1, is amended to read:

Subdivision 1.

Procedures.

new text begin (a) new text end The commissioner shall make investigation as
necessary to determine, and as circumstances require redetermine, what part of the cost
of care, if any, the client is able to pay. If the client is unable to pay the full cost of care
the commissioner shall make a determination as to the ability of the relatives to pay.
The client and relatives shall provide the commissioner documents and proofs necessary
to determine their ability to pay. Failure to provide the commissioner with sufficient
information to determine ability to pay may make the client or relatives liable for the full
cost of care until the time when sufficient information is provided. No parent shall be
liable for the cost of care given a client at a regional treatment center after the client has
reached the age of 18 years. The commissioner's determination shall be conclusive in any
action to enforce payment of the cost of care unless appealed from as provided in section
246.55. new text begin A client who has been diagnosed with a mental illness, who is admitted to a
community behavioral health hospital or the Anoka Regional Treatment Center, who prior
to admission was on or eligible for medical assistance, medical assistance spenddown, or
was on or eligible for MinnesotaCare and exhausted the $10,000 hospital benefit cap, shall
not be personally liable for their cost of care.
new text end

new text begin (b) new text end All money received, except for chemical dependency receipts, shall be paid to
the commissioner of finance and placed in the general fund of the state and a separate
account kept of it. Except for services provided under chapter 254B, responsibility under
this section shall not apply to those relatives having gross earnings of less than $11,000
per year.