SF 2764

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to human services; proposing technical 
  1.3             changes in the ombudsman for mental health and mental 
  1.4             retardation provisions; amending Minnesota Statutes 
  1.5             1994, sections 245.94, subdivisions 2a and 3; 245.95, 
  1.6             subdivision 2; and 245.97, subdivision 6. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1994, section 245.94, 
  1.9   subdivision 2a, is amended to read: 
  1.10     Subd. 2a.  [MANDATORY REPORTING.] Within 24 hours after a 
  1.11  client suffers death or serious injury, the agency, facility, or 
  1.12  program director shall notify the ombudsman of the death or 
  1.13  serious injury. 
  1.14     Sec. 2.  Minnesota Statutes 1994, section 245.94, 
  1.15  subdivision 3, is amended to read: 
  1.16     Subd. 3.  [COMPLAINTS.] The ombudsman may receive a 
  1.17  complaint from any source concerning an action of an agency, 
  1.18  facility, or program.  After completing a review, the ombudsman 
  1.19  shall inform the complainant and the agency, facility, or 
  1.20  program.  No client may be punished nor may the general 
  1.21  condition of the client's treatment be unfavorably altered as a 
  1.22  result of an investigation, a complaint by the client, or by 
  1.23  another person on the client's behalf.  An agency, facility, or 
  1.24  program shall not retaliate or take adverse action, as defined 
  1.25  in section 626.557, subdivision 17, paragraph (c), against a 
  1.26  client or other person, who in good faith makes a complaint or 
  2.1   assists in an investigation.  The ombudsman may classify as 
  2.2   confidential, the identity of a complainant, upon request of the 
  2.3   complainant. 
  2.4      Sec. 3.  Minnesota Statutes 1994, section 245.95, 
  2.5   subdivision 2, is amended to read: 
  2.6      Subd. 2.  [GENERAL REPORTS.] In addition to whatever 
  2.7   conclusions or recommendations the ombudsman may make to the 
  2.8   governor on an ad hoc basis, the ombudsman shall, at the end of 
  2.9   each year biennium, report to the governor concerning the 
  2.10  exercise of the ombudsman's functions during the preceding year 
  2.11  biennium. 
  2.12     Sec. 4.  Minnesota Statutes 1994, section 245.97, 
  2.13  subdivision 6, is amended to read: 
  2.14     Subd. 6.  [TERMS, COMPENSATION, AND REMOVAL AND 
  2.15  EXPIRATION.] The membership terms, compensation, and removal of 
  2.16  members of the committee and the filling of membership vacancies 
  2.17  are governed by section 15.0575.  The ombudsman committee and 
  2.18  the medical review subcommittee expire on June 30, 1994.