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SF 2368

Conference Committee Report - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to human services; requiring authorization before relocating regional
treatment centers or state-operated nursing homes; amending Minnesota Statutes
2006, section 246.0135.

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

Section 1.

Minnesota Statutes 2006, section 246.0135, is amended to read:


246.0135 OPERATION OF REGIONAL TREATMENT CENTERS.

(a) The commissioner of human services is prohibited from closing new text beginor relocating
new text endany regional treatment center or state-operated nursing home or any program at any of the
regional treatment centers or state-operated nursing homes, without specific legislative
authorization. For persons with developmental disabilities who move from one regional
treatment center to another regional treatment center, the provisions of section 256B.092,
subdivision 10
, must be followed for both the discharge from one regional treatment
center and admission to another regional treatment center, except that the move is not
subject to the consensus requirement of section 256B.092, subdivision 10, paragraph (b).

(b) Prior to closing or downsizing a regional treatment center, the commissioner
of human services shall be responsible for assuring that community-based alternatives
developed in response are adequate to meet the program needs identified by each county
within the catchment area and do not require additional local county property tax
expenditures.

(c) The nonfederal share of the cost of alternative treatment or care developed
as the result of the closure of a regional treatment center, including costs associated
with fulfillment of responsibilities under chapter 253B shall be paid from state funds
appropriated for purposes specified in section 246.013.

(d) Counties in the catchment area of a regional treatment center which has been
closed or downsized may not at any time be required to pay a greater cost of care for
alternative care and treatment than the county share set by the commissioner for the cost
of care provided by regional treatment centers.

(e) The commissioner may not divert state funds used for providing for care or
treatment of persons residing in a regional treatment center for purposes unrelated to the
care and treatment of such persons.