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SF 1004

1st Engrossment - 90th Legislature (2017 - 2018) Posted on 02/28/2017 08:24am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Engrossment

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A bill for an act
relating to human services; modifying definitions and duties of the Office of
Ombudsman for Mental Health and Developmental Disabilities; modifying the
Ombudsman Committee; amending Minnesota Statutes 2016, sections 245.91,
subdivisions 4, 6; 245.94, subdivision 1; 245.97, subdivision 6.

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

Section 1.

Minnesota Statutes 2016, section 245.91, subdivision 4, is amended to read:


Subd. 4.

Facility or program.

"Facility" or "program" means a nonresidential or
residential program as defined in section 245A.02, subdivisions 10 and 14, deleted text begin that is required
to be licensed by the commissioner of human services,
deleted text end new text begin and any agency, facility, or program
that provides services or treatment for mental illness, developmental disabilities, chemical
dependency, or emotional disturbance that is required to be licensed, certified, or registered
by the commissioner of human services, health, or education;
new text end and an acute care inpatient
facility that provides services or treatment for mental illness, developmental disabilities,
chemical dependency, or emotional disturbance.

Sec. 2.

Minnesota Statutes 2016, section 245.91, subdivision 6, is amended to read:


Subd. 6.

Serious injury.

"Serious injury" means:

(1) fractures;

(2) dislocations;

(3) evidence of internal injuries;

(4) head injuries with loss of consciousnessnew text begin or potential for a closed head injury or
concussion without loss of consciousness, requiring a medical assessment by a health care
professional, whether or not further medical attention was sought
new text end ;

(5) lacerations involving injuries to tendons or organs, and those for which complications
are present;

(6) extensive second-degree or third-degree burns, and other burns for which
complications are present;

(7) extensive second-degree or third-degree frostbite, and others for which complications
are present;

(8) irreversible mobility or avulsion of teeth;

(9) injuries to the eyeball;

(10) ingestion of foreign substances and objects that are harmful;

(11) near drowning;

(12) heat exhaustion or sunstroke; deleted text begin and
deleted text end

new text begin (13) attempted suicide; and
new text end

deleted text begin (13)deleted text end new text begin (14)new text end all other injuries new text begin and incidents new text end considered serious new text begin after an assessmentnew text end by a
deleted text begin physician.deleted text end new text begin health care professional, including but not limited to self-injurious behavior, a
medication error requiring medical treatment, a suspected delay of medical treatment, a
complication of a previous injury, or a complication of medical treatment for an injury.
new text end

Sec. 3.

Minnesota Statutes 2016, section 245.94, subdivision 1, is amended to read:


Subdivision 1.

Powers.

(a) The ombudsman may prescribe the methods by which
complaints to the office are to be made, reviewed, and acted upon. The ombudsman may
not levy a complaint fee.

new text begin (b) The ombudsman is a health oversight agency as defined in Code of Federal
Regulations, title 45, section 164.501. The ombudsman may access patient records according
to Code of Federal Regulations, title 42, section 2.53. For purposes of this paragraph,
"records" has the meaning given in Code of Federal Regulations, title 42, section
2.53(a)(1)(i).
new text end

deleted text begin (b)deleted text end new text begin (c)new text end The ombudsman may mediate or advocate on behalf of a client.

deleted text begin (c)deleted text end new text begin (d)new text end The ombudsman may investigate the quality of services provided to clients and
determine the extent to which quality assurance mechanisms within state and county
government work to promote the health, safety, and welfare of clientsdeleted text begin , other than clients in
acute care facilities who are receiving services not paid for by public funds. The ombudsman
is a health oversight agency as defined in Code of Federal Regulations, title 45, section
164.501
deleted text end .

deleted text begin (d)deleted text end new text begin (e)new text end At the request of a client, or upon receiving a complaint or other information
affording reasonable grounds to believe that the rights of deleted text begin a clientdeleted text end new text begin one or more clientsnew text end who
deleted text begin isdeleted text end new text begin maynew text end notnew text begin benew text end capable of requesting assistance have been adversely affected, the ombudsman
may gather information and data about and analyze, on behalf of the client, the actions of
an agency, facility, or program.

deleted text begin (e)deleted text end new text begin (f) Notwithstanding any law to the contrary,new text end the ombudsman may gather, on behalf
of deleted text begin a clientdeleted text end new text begin one or more clientsnew text end , records of an agency, facility, or program, or records related
to clinical drug trials from the University of Minnesota Department of Psychiatry, if the
records relate to a matter that is within the scope of the ombudsman's authority. deleted text begin If the records
are private and the client is capable of providing consent, the ombudsman shall first obtain
the client's consent. The ombudsman is not required to obtain consent for access to private
data on clients with developmental disabilities.
deleted text end new text begin The ombudsman may also take photographic
or videographic evidence while reviewing the actions of an agency, facility, or program.
new text end The ombudsman is not required to obtain consent for access to private data on decedents
who were receiving services for mental illness, developmental disabilities,new text begin chemical
dependency,
new text end or emotional disturbance. All data collected, created, received, or maintained
by the ombudsman are governed by chapter 13 and other applicable law.

deleted text begin (f)deleted text end new text begin (g)new text end Notwithstanding any law to the contrary, the ombudsman may subpoena a person
to appear, give testimony, or produce documents or other evidence that the ombudsman
considers relevant to a matter under inquiry. The ombudsman may petition the appropriate
court in Ramsey County to enforce the subpoena. A witness who is at a hearing or is part
of an investigation possesses the same privileges that a witness possesses in the courts or
under the law of this state. Data obtained from a person under this paragraph are private
data as defined in section 13.02, subdivision 12.

deleted text begin (g)deleted text end new text begin (h)new text end The ombudsman may, at reasonable times in the course of conducting a review,
enter and view premises within the control of an agency, facility, or program.

deleted text begin (h)deleted text end new text begin (i)new text end The ombudsman may attend Department of Human Services Review Board and
Special Review Board proceedings; proceedings regarding the transfer of clients, as defined
in section 246.50, subdivision 4, between institutions operated by the Department of Human
Services; and, deleted text begin subject to the consent of the affecteddeleted text end new text begin at the request of thenew text end client, other
proceedings affecting the rights of clients. The ombudsman is not required to obtain consent
to attend meetings or proceedings and have access to private data on clients deleted text begin with
developmental disabilities
deleted text end .

deleted text begin (i)deleted text end new text begin (j)new text end The ombudsman shall gather data of agencies, facilities, or programs classified
as private or confidential as defined in section 13.02, subdivisions 3 and 12, regarding
services provided to clients deleted text begin with developmental disabilitiesdeleted text end .

deleted text begin (j)deleted text end new text begin (k)new text end To avoid duplication and preserve evidence, the ombudsman shall inform relevant
licensing or regulatory officials before undertaking a review of an action of the facility or
program.

new text begin (l) The ombudsman shall provide the services of the Civil Commitment Training and
Resource Center.
new text end

deleted text begin (k)deleted text end new text begin (m)new text end The ombudsman shall monitor the treatment of individuals participating in a
University of Minnesota Department of Psychiatry clinical drug trial and ensure that all
protections for human subjects required by federal law and the Institutional Review Board
are provided.

deleted text begin (l)deleted text end new text begin (n)new text end Sections 245.91 to 245.97 are in addition to other provisions of law under which
any other remedy or right is provided.

Sec. 4.

Minnesota Statutes 2016, section 245.97, subdivision 6, is amended to read:


Subd. 6.

Terms, compensation, and removal.

The membership terms, compensation,
and removal of members of the committee and the filling of membership vacancies are
governed by section deleted text begin 15.0575deleted text end new text begin 15.0597new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end