Minnesota Legislature
SF 1779
as introduced - 89th Legislature (2015 - 2016) Posted on 03/22/2016 09:59am
Current Version - as introduced
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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 2014, 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 2014, 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 2014, 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 deleted text begin with loss of consciousnessdeleted text end new text begin requiring medical assessment, whether
or not medical attention was soughtnew 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 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 2014, 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 Office of Ombudsman is a health oversight agency as defined in Code
of Federal Regulations, title 45, section 164.501. The Office of 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 2.11.
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 164.501deleted 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 not new text begin be new 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 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 deleted text begin patients or
residentsdeleted text end new text begin clientsnew text end , as defined in section 246.50, deleted text begin subdivisionsdeleted text end new text begin subdivisionnew text end 4 deleted text begin and 4adeleted text end , 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 disabilitiesdeleted 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 Office of 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 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 2014, 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 .