SF 3176

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 06/27/2022 09:27am

A bill for an act
relating to human services; modifying programs for people with mental illness
and developmental disabilities; amending Minnesota Statutes 2020, sections 246.12;
246.131; 253B.18, subdivision 6; Laws 2009, chapter 79, article 13, section 3,
subdivision 10, as amended; repealing Minnesota Statutes 2020, sections 246.0136;
252.025, subdivision 7; 252.035.

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

Section 1.

Minnesota Statutes 2020, section 246.12, is amended to read:

246.12 BIENNIAL ESTIMATES; SUGGESTIONS FOR LEGISLATION.

new text begin Subdivision 1. new text end

new text begin Biennial estimates. new text end

The commissioner of human services shall prepare,
for the use of the legislature, biennial estimates of appropriations necessary or expedient to
be made for the support of the institutions and for extraordinary and special expenditures
for buildings and other improvements. The commissioner shall, in connection therewith,
make suggestions relative to legislation for the benefit of the institutions. The commissioner
shall report the estimates and suggestions to the legislature on or before November 15 in
each even-numbered year. The commissioner of human services on request shall appear
before any legislative committee and furnish any required information in regard to the
condition of any such institution.

new text begin Subd. 2. new text end

new text begin Annual projections. new text end

new text begin (a) The commissioner shall submit a report of the census
data and fiscal projections for state-operated services and the Minnesota sex offender program
with the February budget forecast.
new text end

new text begin (b) This subdivision expires January 1, 2023.
new text end

Sec. 2.

Minnesota Statutes 2020, section 246.131, is amended to read:

246.131 REPORT ON ANOKA-METRO REGIONAL TREATMENT CENTER
(AMRTC), MINNESOTA SECURITY HOSPITAL (MSH), AND COMMUNITY
BEHAVIORAL HEALTH HOSPITALS (CBHH).

The commissioner of human services shall issue a public deleted text begin quarterly deleted text end new text begin annual new text end report to the
chairs and ranking minority leaders of the senate and house of representatives committees
having jurisdiction over health and human services issues on the AMRTC, MSH, and CBHH.
The report shall contain information on the number of licensed beds, budgeted capacity,
occupancy rate, number of Occupational Safety and Health Administration (OSHA)
recordable injuries and the number of OSHA recordable injuries due to patient aggression
or restraint, number of clinical positions budgeted, the percentage of those positions that
are filled, the number of direct care positions budgeted, and the percentage of those positions
that are filled.

Sec. 3.

Minnesota Statutes 2020, section 253B.18, subdivision 6, is amended to read:

Subd. 6.

Transfer.

(a) A patient who is a person who has a mental illness and is
dangerous to the public shall not be transferred out of a secure treatment facility unless it
appears to the satisfaction of the commissioner, after a hearing and favorable recommendation
by a majority of the special review board, that the transfer is appropriate. Transfer may be
to another state-operated treatment program. In those instances where a commitment also
exists to the Department of Corrections, transfer may be to a facility designated by the
commissioner of corrections.

(b) The following factors must be considered in determining whether a transfer is
appropriate:

(1) the person's clinical progress and present treatment needs;

(2) the need for security to accomplish continuing treatment;

(3) the need for continued institutionalization;

(4) which facility can best meet the person's needs; and

(5) whether transfer can be accomplished with a reasonable degree of safety for the
public.

new text begin (c) If a committed person has been transferred out of a secure treatment facility pursuant
to this subdivision, that committed person may voluntarily return to a secure treatment
facility for a period of up to 60 days with the consent of the head of the treatment facility.
new text end

new text begin (d) If the committed person is not returned to the original, nonsecure transfer facility
within 60 days of being readmitted to a secure treatment facility, the transfer is revoked and
the committed person shall remain in a secure treatment facility. The committed person
shall immediately be notified in writing of the revocation.
new text end

new text begin (e) Within 15 days of receiving notice of the revocation, the committed person may
petition the special review board for a review of the revocation. The special review board
shall review the circumstances of the revocation and shall recommend to the commissioner
whether or not the revocation shall be upheld. The special review board may also recommend
a new transfer at the time of the revocation hearing.
new text end

new text begin (f) No action by the special review board is required if the transfer has not been revoked
and the committed person is returned to the original, nonsecure transfer facility with no
substantive change to the conditions of the transfer ordered under this subdivision.
new text end

new text begin (g) The head of the treatment facility may revoke a transfer made under this subdivision
and require a committed person to return to a secure treatment facility if:
new text end

new text begin (1) remaining in a nonsecure setting does not provide a reasonable degree of safety to
the committed person or others; or
new text end

new text begin (2) the committed person has regressed clinically and the facility to which the committed
person was transferred does not meet the committed person's needs.
new text end

new text begin (h) Upon the revocation of the transfer, the committed person shall be immediately
returned to a secure treatment facility. A report documenting the reasons for revocation
shall be issued by the head of the treatment facility within seven days after the committed
person is returned to the secure treatment facility. Advance notice to the committed person
of the revocation is not required.
new text end

new text begin (i) The committed person must be provided a copy of the revocation report and informed,
orally and in writing, of the rights of a committed person under this section. The revocation
report shall be served upon the committed person, the committed person's counsel, and the
designated agency. The report shall outline the specific reasons for the revocation, including
but not limited to the specific facts upon which the revocation is based.
new text end

new text begin (j) If a committed person's transfer is revoked, the committed person may re-petition for
transfer according to subdivision 5.
new text end

new text begin (k) A committed person aggrieved by a transfer revocation decision may petition the
special review board within seven business days after receipt of the revocation report for a
review of the revocation. The matter shall be scheduled within 30 days. The special review
board shall review the circumstances leading to the revocation and, after considering the
factors in paragraph (b), shall recommend to the commissioner whether or not the revocation
shall be upheld. The special review board may also recommend a new transfer out of a
secure treatment facility at the time of the revocation hearing.
new text end

Sec. 4.

Laws 2009, chapter 79, article 13, section 3, subdivision 10, as amended by Laws
2009, chapter 173, article 2, section 1, is amended to read:

Subd. 10. State-Operated Services

The amounts that may be spent from the
appropriation for each purpose are as follows:

Transfer Authority Related to
State-Operated Services. Money
appropriated to finance state-operated services
may be transferred between the fiscal years of
the biennium with the approval of the
commissioner of finance.

County Past Due Receivables. The
commissioner is authorized to withhold county
federal administrative reimbursement when
the county of financial responsibility for
cost-of-care payments due the state under
Minnesota Statutes, section 246.54 or
253B.045, is 90 days past due. The
commissioner shall deposit the withheld
federal administrative earnings for the county
into the general fund to settle the claims with
the county of financial responsibility. The
process for withholding funds is governed by
Minnesota Statutes, section 256.017.

Forecast and Census Data. The
commissioner shall include census data and
fiscal projections for state-operated services
and Minnesota sex offender services with the
November and February budget forecasts.
deleted text begin Notwithstanding any contrary provision in this
deleted text end deleted text begin article, this paragraph shall not expire deleted text end deleted text begin .
deleted text end

(a) Adult Mental Health Services

106,702,000

107,201,000

Appropriation Limitation. No part of the
appropriation in this article to the
commissioner for mental health treatment
services provided by state-operated services
shall be used for the Minnesota sex offender
program.

Community Behavioral Health Hospitals.
Under Minnesota Statutes, section 246.51,
subdivision 1, a determination order for the
clients served in a community behavioral
health hospital operated by the commissioner
of human services is only required when a
client's third-party coverage has been
exhausted.

Base Adjustment. The general fund base is
decreased by $500,000 for fiscal year 2012
and by $500,000 for fiscal year 2013.

(b) Minnesota Sex Offender Services

Appropriations by Fund
General	38,348,000	67,503,000
Federal Fund	26,495,000	0

Use of Federal Stabilization Funds. Of this
appropriation, $26,495,000 in fiscal year 2010
is from the fiscal stabilization account in the
federal fund to the commissioner. This
appropriation must not be used for any activity
or service for which federal reimbursement is
claimed. This is a onetime appropriation.

(c) Minnesota Security Hospital and METO Services

Appropriations by Fund
General	230,000	83,735,000
Federal Fund	83,505,000	0

Minnesota Security Hospital. For the
purposes of enhancing the safety of the public,
improving supervision, and enhancing
community-based mental health treatment,
state-operated services may establish
additional community capacity for providing
treatment and supervision of clients who have
been ordered into a less restrictive alternative
of care from the state-operated services
transitional services program consistent with
Minnesota Statutes, section 246.014.

Use of Federal Stabilization Funds.
$83,505,000 in fiscal year 2010 is appropriated
from the fiscal stabilization account in the
federal fund to the commissioner. This
appropriation must not be used for any activity
or service for which federal reimbursement is
claimed. This is a onetime appropriation.

Sec. 5. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2020, sections 246.0136; 252.025, subdivision 7; and 252.035, new text end new text begin are
repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: S3176-1

246.0136 ESTABLISHING ENTERPRISE ACTIVITIES IN STATE-OPERATED SERVICES.

Subdivision 1.

Planning for enterprise activities.

The commissioner of human services is directed to study and make recommendations to the legislature on establishing enterprise activities within state-operated services. Before implementing an enterprise activity, the commissioner must obtain statutory authorization for its implementation, except that the commissioner has authority to implement enterprise activities for adult mental health, adolescent services, and to establish a public group practice without statutory authorization. Enterprise activities are defined as the range of services, which are delivered by state employees, needed by people with disabilities and are fully funded by public or private third-party health insurance or other revenue sources available to clients that provide reimbursement for the services provided. Enterprise activities within state-operated services shall specialize in caring for vulnerable people for whom no other providers are available or for whom state-operated services may be the provider selected by the payer. In subsequent biennia after an enterprise activity is established within a state-operated service, the base state appropriation for that state-operated service shall be reduced proportionate to the size of the enterprise activity.

Subd. 2.

Required components of any proposal; considerations.

In any proposal for an enterprise activity brought to the legislature by the commissioner, the commissioner must demonstrate that there is public or private third-party health insurance or other revenue available to the people served, that the anticipated revenues to be collected will fully fund the services, that there will be sufficient funds for cash flow purposes, and that access to services by vulnerable populations served by state-operated services will not be limited by implementation of an enterprise activity. In studying the feasibility of establishing an enterprise activity, the commissioner must consider:

(1) creating public or private partnerships to facilitate client access to needed services;

(2) administrative simplification and efficiencies throughout the state-operated services system;

(3) converting or disposing of buildings not utilized and surplus lands; and

(4) exploring the efficiencies and benefits of establishing state-operated services as an independent state agency.

252.025 STATE HOSPITALS FOR PERSONS WITH DEVELOPMENTAL DISABILITIES.

Subd. 7.

Minnesota extended treatment options.

The commissioner shall develop by July 1, 1997, the Minnesota extended treatment options to serve Minnesotans who have developmental disabilities and exhibit severe behaviors which present a risk to public safety. This program is statewide and must provide specialized residential services in Cambridge and an array of community-based services with sufficient levels of care and a sufficient number of specialists to ensure that individuals referred to the program receive the appropriate care. The individuals working in the community-based services under this section are state employees supervised by the commissioner of human services. No layoffs shall occur as a result of restructuring under this section.

252.035 REGIONAL TREATMENT CENTER CATCHMENT AREAS.

The commissioner may administratively designate catchment areas for regional treatment centers and state nursing homes. Catchment areas may vary by client group served. Catchment areas in effect on January 1, 1989, may not be modified until the commissioner has consulted with the regional planning committees of the affected regional treatment centers.