SF 1219

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

A bill for an act
relating to human services; clarifying payment from
the county of responsibility for temporary confinement
under the Civil Commitment Act; amending Minnesota
Statutes 2004, section 253B.045, subdivision 2.

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

Section 1.

Minnesota Statutes 2004, section 253B.045,
subdivision 2, is amended to read:

Subd. 2.

Facilities.

Each county or a group of counties
shall maintain or provide by contract a facility for confinement
of persons held temporarily for observation, evaluation,
diagnosis, treatment, and care. new text begin The commissioner of human
services shall enforce this requirement. If a facility incurs
expenses as a result of the Emergency Medical Treatment and
Labor Act under federal law for a resident of another county,
the state shall pay for the costs of emergency care and
treatment of persons held under sections 253B.05, subdivisions 1
and 2, and 253B.07, subdivision 2b, except that the facility
shall bill the responsible health plan first. new text end When the
temporary confinement is provided at a regional center, the
commissioner shall charge the county of financial responsibility
for the costs of confinement of persons hospitalized under
section 253B.05, subdivisions 1 and 2, and section 253B.07,
subdivision 2b, except that the commissioner shall bill the
responsible health plan first. If the person has health plan
coverage, but the hospitalization does not meet the criteria in
subdivision 6 or section 62M.07, 62Q.53, or 62Q.535, the county
is responsible. "County of financial responsibility" means the
county in which the person resides at the time of confinement
or, if the person has no residence in this state, the county
which initiated the confinement. The charge shall be based on
the commissioner's determination of the cost of care pursuant to
section 246.50, subdivision 5. When there is a dispute as to
which county is the county of financial responsibility, the
county charged for the costs of confinement shall pay for them
pending final determination of the dispute over financial
responsibility. Disputes about the county of financial
responsibility shall be submitted to the commissioner to be
settled in the manner prescribed in section 256G.09.