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Minnesota Legislature

Office of the Revisor of Statutes

HF 1209

as introduced - 91st Legislature (2019 - 2020) Posted on 02/14/2019 03:17pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to public safety; requiring notice to a home care provider of a person's
status as a predatory offender;amending Minnesota Statutes 2018, section 243.166,
subdivision 4b.

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

Section 1.

Minnesota Statutes 2018, section 243.166, subdivision 4b, is amended to read:


Subd. 4b.

Health care facility; notice of status.

(a) For the purposes of this subdivisiondeleted text begin,deleted text endnew text begin:
new text end

new text begin (1) new text end"health care facility" means a facility:

deleted text begin (1)deleted text endnew text begin (i)new text end licensed by the commissioner of health as a hospital, boarding care home or
supervised living facility under sections 144.50 to 144.58, or a nursing home under chapter
144A;

deleted text begin (2)deleted text endnew text begin (ii)new text end registered by the commissioner of health as a housing with services establishment
as defined in section 144D.01; or

deleted text begin (3)deleted text endnew text begin (iii)new text end licensed by the commissioner of human services as a residential facility under
chapter 245A to provide adult foster care, adult mental health treatment, chemical dependency
treatment to adults, or residential services to persons with disabilitiesdeleted text begin.deleted text endnew text begin; and
new text end

new text begin (2) "home care provider" has the meaning given in section 144A.43.
new text end

(b) Prior to admission to a health care facilitynew text begin or home care services from a home care
provider
new text end, a person required to register under this section shall disclose to:

(1) the health care facility employee new text beginor the home care provider new text endprocessing the admission
the person's status as a registered predatory offender under this section; and

(2) the person's corrections agent, or if the person does not have an assigned corrections
agent, the law enforcement authority with whom the person is currently required to register,
that deleted text begininpatientdeleted text end admission will occur.

(c) A law enforcement authority or corrections agent who receives notice under paragraph
(b) or who knows that a person required to register under this section is planning to be
admitted and receive, or has been admitted and is receiving health care at a health care
facilitynew text begin or home care services from a home care provider,new text end shall notify the administrator of
the facility new text beginor the home care provider new text endand deliver a fact sheet to the administrator new text beginor provider
new text end containing the following information: (1) name and physical description of the offender;
(2) the offender's conviction history, including the dates of conviction; (3) the risk level
classification assigned to the offender under section 244.052, if any; and (4) the profile of
likely victims.

(d) Except for a hospital licensed under sections 144.50 to 144.58, if a health care facility
receives a fact sheet under paragraph (c) that includes a risk level classification for the
offender, and if the facility admits the offender, the facility shall distribute the fact sheet to
all residents at the facility. If the facility determines that distribution to a resident is not
appropriate given the resident's medical, emotional, or mental status, the facility shall
distribute the fact sheet to the patient's next of kin or emergency contact.

new text begin (e) If a home care provider receives a fact sheet under paragraph (c) that includes a risk
level classification for the offender, the provider shall distribute the fact sheet to any
individual who will provide direct services to the offender before the individual begins to
provide the service.
new text end