Office of the Revisor of Statutes
Minnesota Session Laws - 1985, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1985
CHAPTER 21-H.F.No. 621
An act relating to mental health; revising the
language of statutes concerning persons with mental
illness and mental retardation and revising the
language of statutes concerning state treatment
facilities; amending Minnesota Statutes 1984, sections
147.021, subdivision 1; 243.55, subdivision 3;
245.072; 245.52; 245.821, subdivision 1; 245.825,
subdivision 1; 246.01; 246.013; 246.014; 246.13;
246.23; 246.234; 246.41; 246.50; 246.511; 246.52;
246.53; 246.54; 246.55; 246.56; 252.025; 252.05;
252.06; 252.07; 252.09; 252.10; 252.21; 252.22;
252.23; 252.24; 252.25; 252.27; 252.275, subdivisions
1 and 7; 252.28; 252.291; 252.30; 252.31; 252.32;
253.015; 253.10; 253.19; 253.20; 253.21; 253.25;
253.26; 256.01, subdivisions 2 and 5; 256.91; 256.93,
subdivision 1; 256B.02, subdivisions 2 and 8, and by
adding a subdivision; 256B.092; 256B.36; 256B.501;
256E.03, subdivision 2; 256E.06, subdivision 2a;
260.092; 260.36; 284.05; 299F.77; 447.42; 447.45;
501.27; and 517.03; proposing coding for new law in
Minnesota Statutes, chapter 252.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1984, section 147.021,
subdivision 1, is amended to read:
Subdivision 1. The board shall censure, shall refuse to
grant a license to, shall order re-examination, or shall
suspend, revoke, condition, limit, qualify or restrict the
license, whether granted under this chapter or under Minnesota
Statutes 1961, Sections 148.11 to 148.16, prior to May 1, 1963,
of any person whom such board, after a hearing, adjudges
unqualified or who the board determines after such a hearing is
any one or more of the following:
(a) a person who fails to demonstrate the qualifications or
satisfy the standards for a license contained in this chapter or
rules of the board. The burden of proof shall be upon the
applicant to demonstrate such qualifications or satisfaction of
such standards.
(b) a person who makes misleading, deceptive, untrue or
fraudulent representations in the practice of medicine or who
employs a trick or scheme in the practice of medicine or fraud
or deceit in obtaining a license to practice medicine.
(c) a person who at any time during the previous five years
was convicted of a felony reasonably related to his practice of
medicine or osteopathy. Conviction as used in this subdivision
shall include a conviction of an offense which if committed in
this state would be deemed a felony without regard to its
designation elsewhere, or a criminal proceeding where a finding
or verdict of guilt is made or returned but the adjudication of
guilt is either withheld or not entered thereon.
(d) a person whose license to practice medicine has been
revoked, suspended, annulled or with regard to whom disciplinary
action has been taken or whose application for a license has
been denied by the proper licensing authority of another state,
territory or country.
In clauses (c) and (d) a copy of the judgment or proceeding
under the seal of the clerk of the court or of the
administrative agency which entered the same shall be admissible
into evidence without further authentication and shall
constitute prima facie evidence of the contents thereof.
(e) a person who advertises in any manner, either in his
own name or under the name of another person or concern, actual
or pretended, in any newspaper, pamphlet, circular, or other
written or printed paper or document, professional superiority
to or greater skill than that possessed by another doctor of
medicine or another doctor of osteopathy licensed to practice
medicine under this chapter, or the positive cure of any disease.
(f) a person who violates a lawful rule promulgated by the
board or violates a lawful order of the board, previously
entered by the board in a disciplinary hearing.
(g) a person who engages in any unethical, deceptive or
deleterious conduct or practice harmful to the public, or who
demonstrates a willful or careless disregard for the health,
welfare or safety of his patients, in any of which cases, proof
of actual injury need not be established.
(h) a person who procures, aids, or abets in the procuring
of a criminal abortion.
(i) a person who violates a statute or rule of this state
or of any other state or of the United States which relates to
the practice of medicine or in part regulates the practice of
medicine.
(j) a person who has been adjudged mentally incompetent,
mentally ill or mentally deficient retarded, or adjudged to be a
drug chemically dependent person, an inebriate person, a person
dangerous to the public, or a person who has a psychopathic
personality by a court of competent jurisdiction, within or
without this state. Such adjudication shall automatically
suspend a license for the duration thereof unless the board
orders otherwise.
(k) a person who is guilty of unprofessional conduct.
Unprofessional conduct shall include any departure from or the
failure to conform to the minimal standards of acceptable and
prevailing medical practice in which proceeding actual injury to
a patient need not be established.
(l) a person who is unable to practice medicine with
reasonable skill and safety to patients by reason of illness,
professional incompetence, senility, drunkenness, use of drugs,
narcotics, chemicals or any other type of material or as a
result of any mental or physical condition. If the board has
probable cause to believe that a physician comes within this
clause, it shall direct the physician to submit to a mental or
physical examination. For the purpose of this clause, every
physician licensed under this chapter shall be deemed to have
given his consent to submit to a mental or physical examination
when directed in writing by the board and further to have waived
all objections to the admissibility of the examining physicians'
testimony or examination reports on the ground that the same
constitute a privileged communication. Failure of a physician
to submit to such examination when directed shall constitute an
admission of the allegations against him, unless the failure was
due to circumstances beyond his control, in which case a default
and final order may be entered without the taking of testimony
or presentation of evidence. A physician affected under this
clause shall at reasonable intervals be afforded an opportunity
to demonstrate that he can resume the competent practice of
medicine with reasonable skill and safety to patients.
In any proceeding under this clause, neither the record of
proceedings nor the orders entered by the board shall be used
against a physician in any other proceeding.
(m) a person who willfully betrays a professional secret.
(n) a doctor of osteopathy who fails to identify his school
of healing in the professional use of his name by one of the
following terms: osteopathic physician and surgeon, doctor of
osteopathy, or D.O.
Sec. 2. Minnesota Statutes 1984, section 243.55,
subdivision 3, is amended to read:
Subd. 3. As used in this section, "state hospital" or
"hospital" means any state operated facility or hospital under
the authority of the commissioner of human services for (a)
mentally ill, mentally deficient, or inebriate persons with
mental illness, mental retardation, or chemical dependency, (b)
sex offenders, or (c) persons with psychopathic personalities.
Sec. 3. Minnesota Statutes 1984, section 245.072, is
amended to read:
245.072 [MENTAL RETARDATION DIVISION.]
A mental retardation division is created in the department
of human services which shall coordinate those laws administered
and enforced by the commissioner of human services relating to
mental retardation and mental deficiency related conditions, as
defined in section 252.27, subdivision 1, which the commissioner
may assign to the division. The mental retardation division
shall be under the supervision of a director whose
responsibility it shall be to maximize the availability of
federal or private moneys for programs to assist mentally
retarded and mentally deficient persons with mental retardation
or related conditions. The commissioner shall appoint the
director who shall serve in the classified service of the state
civil service. The commissioner may employ additional personnel
with such qualifications and in such numbers as are reasonable
and are necessary to carry out the provisions of this section.
Sec. 4. Minnesota Statutes 1984, section 245.52, is
amended to read:
245.52 [COMMISSIONER OF HUMAN SERVICES AS COMPACT
ADMINISTRATOR.]
The commissioner of human services is hereby designated as
"compact administrator." He shall have the powers and duties
specified in the compact, and he may, in the name of the state
of Minnesota, subject to the approval of the attorney general as
to form and legality, enter into such agreements authorized by
the compact as he deems appropriate to effecting the purpose of
the compact. He shall, within the limits of the appropriations
for the care of the mentally ill and mentally deficient
available therefor persons with mental illness or mental
retardation, authorize such payments as are necessary to
discharge any financial obligations imposed upon this state by
the compact or any agreement entered into under the compact.
If the patient has no established residence in a Minnesota
county, the commissioner shall designate the county of financial
responsibility for the purposes of carrying out the provisions
of the Interstate Compact on Mental Health as it pertains to
patients being transferred to Minnesota. The commissioner shall
designate the county which is the residence of the person in
Minnesota who initiates the earliest written request for the
patient's transfer.
Sec. 5. Minnesota Statutes 1984, section 245.821,
subdivision 1, is amended to read:
Subdivision 1. Notwithstanding any law to the contrary, no
private or public facility for the treatment, housing, or
counseling of more than five mentally retarded, physically
disabled, mentally ill, chemically or otherwise dependent
persons with mental illness, physical disabilities, mental
retardation or related conditions, as defined in section 252.27,
subdivision 1, chemical dependency, or another form of
dependency, nor any correctional facility for more than five
persons, shall be established without 30 days written notice to
the affected municipality or other political subdivision.
Sec. 6. Minnesota Statutes 1984, section 245.825,
subdivision 1, is amended to read:
Subdivision 1. [RULES GOVERNING USE OF AVERSIVE AND
DEPRIVATION PROCEDURES.] The commissioner of human services
shall by October, 1983 promulgate rules governing the use of
aversive and deprivation procedures in all licensed facilities
serving mentally retarded persons with mental retardation or
related conditions, as defined in section 252.27, subdivision 1.
No provision of these rules shall encourage or require the use
of aversive and deprivation procedures. The rules shall
prohibit: (a) the application of certain aversive or
deprivation procedures in facilities except as authorized and
monitored by the designated regional review committees; and (b)
the use of aversive or deprivation procedures that restrict the
consumers' normal access to nutritious diet, drinking water,
adequate ventilation, necessary medical care, ordinary hygiene
facilities, normal sleeping conditions, and necessary clothing.
The rule shall further specify that consumers may not be denied
ordinary access to legal counsel and next of kin. In addition,
the rule may specify other prohibited practices and the specific
conditions under which permitted practices are to be carried out.
Sec. 7. Minnesota Statutes 1984, section 246.01, is
amended to read:
246.01 [POWERS AND DUTIES.]
The commissioner of human services is hereby specifically
constituted the guardian of both the estate and person of all
feeble-minded persons or persons having epilepsy with mental
retardation, the guardianship of whom has heretofore been vested
in the state board of control or in the director of social
welfare whether by operation of law or by an order of court
without any further act or proceeding, and all the powers and
duties vested in or imposed upon the state board of control or
the director of social welfare, with reference to mental testing
of persons mentally deficient or persons having epilepsy with
mental retardation, and with reference to the institutions of
the state of Minnesota except correctional facilities
administered and managed by the commissioner of corrections, are
hereby transferred to, vested in, and imposed upon the
commissioner of human services, and in relation thereto he is
hereby charged with and shall have the exclusive power of
administration and management of all of the following state
institutions: The schools and hospitals for the mentally
retarded and persons having epilepsy, state hospitals for the
mentally ill, and the state hospital for inebriates persons with
mental retardation, mental illness, or chemical dependency. He
shall have power and authority to determine all matters relating
to the unified and continuous development of all of the
foregoing institutions and of such other institutions, the
supervision of which may, from time to time, be vested in him.
It is intended that there be vested in him all of the powers,
functions, and authority heretofore vested in the state board of
control relative to such state institutions. He shall have the
power and authority to accept, in behalf of the state,
contributions and gifts of money and personal property for the
use and benefit of the inmates residents of the public
institutions under his control, and all moneys and securities so
received shall be deposited in the state treasury subject to the
order of the commissioner of human services. If the gift or
contribution is designated by the donor for a certain
institution or purpose, the commissioner of human services shall
expend or use the same as nearly as may be in accordance with
the conditions of the gift or contribution, compatible with the
best interests of the inmates and the state. The commissioner
of human services is hereby constituted the "state agency" as
defined by the social security act of the United States and the
laws of this state for all purposes relating to mental health
and mental hygiene.
For the purpose of carrying out his duties, the
commissioner of human services shall accept from mentally
deficient wards with mental retardation for whom he is
specifically appointed guardian a signed application for his
consent to the marriage of said ward. Upon receipt of such
application he shall promptly conduct such investigation as he
deems proper and determine if the contemplated marriage is for
the best interest of the ward and the public. A signed copy of
the commissioner's determination shall be mailed to the ward and
to the clerk of the district court of the county where the
application for such marriage license was made.
There is hereby appropriated to such persons or
institutions as are entitled to such sums as are provided for in
this section, from the fund or account in the state treasury to
which the money was credited, an amount sufficient to make such
payment.
Sec. 8. Minnesota Statutes 1984, section 246.013, is
amended to read:
246.013 [MENTALLY ILL PERSONS WITH MENTAL ILLNESS; CARE,
TREATMENT.]
Within the limits of the appropriations for the
commissioner of human services, he is directed, in the
performance of the duties imposed upon him by the laws of this
state, to bring to the measure prescribed by section 246.012,
the care and treatment of the mentally ill persons with mental
illness as speedily as is possible, and to thereafter, subject
to the paramount authority of the legislature with respect to
appropriations, maintain said standards in the care and
treatment of the mentally ill persons with mental illness.
Sec. 9. Minnesota Statutes 1984, section 246.014, is
amended to read:
246.014 [SERVICES.]
The measure of services established and prescribed by
section 246.012, are:
(1) There shall be served in state hospitals a single
standard of food for patients and employees alike, which is
nutritious and palatable together with special diets as
prescribed by the medical staff thereof. There shall be a chief
dietitian in the department of human services and at least one
dietitian at each state hospital. There shall be adequate staff
and equipment for processing, preparation, distribution and
serving of food.
(2) There shall be a staff of persons, professional and
lay, sufficient in number, trained in the diagnosis, care and
treatment of the mentally ill persons with mental illness,
physical illness, and including religious and spiritual counsel
through qualified chaplains (who shall be in the unclassified
service) adequate to take advantage of and put into practice
modern methods of psychiatry, medicine and related field.
(3) There shall be a staff and facilities to provide
occupational and recreational therapy, entertainment and other
creative activities as are consistent with modern methods of
treatment and well being.
(4) There shall be in each state hospital for the care and
treatment of the mentally ill persons with mental illness
facilities for the segregation and treatment of patients and
residents who have communicable disease.
(5) The commissioner of human services shall provide modern
and adequate psychiatric social case work service.
(6) The commissioner of human services shall make every
effort to improve the accommodations for patients and residents
so that the same shall be comfortable and attractive with
adequate furnishings, clothing, and supplies.
(7) The commissioner of human services shall establish
training programs for the training of personnel and may require
the participation of personnel in such programs. Within the
limits of the appropriations available he may establish
professional training programs in the forms of educational
stipends for positions for which there is a scarcity of
applicants.
(8) The standards herein established shall be adapted and
applied to the diagnosis, care and treatment of inebriate
persons and mentally deficient persons with chemical dependency
or mental retardation who come within those terms as defined in
the laws relating to the hospitalization and commitment of such
persons, and of persons who are psychopathic personalities
within the definition thereof in Minnesota Statutes 1945,
Section 526.09.
(9) The commissioner of human services shall establish a
program of detection, diagnosis and treatment of mentally or
nervously ill persons with mental illness and persons described
in clause (8), and within the limits of appropriations may
establish clinics and staff the same with persons specially
trained in psychiatry and related fields.
(10) The commissioner of employee relations may reclassify
employees of the mental institutions state hospitals from time
to time, and assign classifications to such salary brackets as
will adequately compensate personnel and reasonably assure a
continuity of adequate staff.
(11) In addition to the chaplaincy services, provided in
clause (2), the commissioner of human services shall open said
institutions state hospitals to ministers members of the
Gospel clergy and other spiritual leaders to the end that
religious and spiritual counsel and services are made available
to the patients and residents therein, and shall cooperate with
all ministers members of the Gospel clergy and other spiritual
leaders in making said patients and residents available for
religious and spiritual counsel, and shall provide
such ministers members of the Gospel clergy and other spiritual
leaders with meals and accommodations.
(12) within the limits of the appropriations therefor, the
commissioner of human services shall establish and provide
facilities and equipment for research and study in the field of
modern hospital management, the causes of mental and related
illness and the treatment, diagnosis and care of the mentally
ill persons with mental illness and funds provided therefor may
be used to make available services, abilities and advice of
leaders in these and related fields, and may provide them with
meals and accommodations and compensate them for traveling
expenses and services.
Sec. 10. Minnesota Statutes 1984, section 246.13, is
amended to read:
246.13 [RECORD OF PATIENTS AND RESIDENTS; DEPARTMENT OF
HUMAN SERVICES.]
The commissioner of human services shall keep in his
office, accessible only by his consent or on the order of a
judge or court of record, a record showing the residence, sex,
age, nativity, occupation, civil condition, and date of entrance
or commitment of every person or patient, in the institutions
state hospitals under his exclusive control, the date of
discharge and whether such discharge was final, the condition of
such person when he left the institution state hospital, and the
date and cause of all deaths. The record shall state every
transfer from one institution state hospital to another, naming
each. This information shall be furnished to the commissioner
of human services by each institution public and private agency,
with such other obtainable facts as he may from time to time
require. The chief executive officer of each such institution
state hospital, within ten days after the commitment or entrance
thereto of a person or patient or resident, shall cause a true
copy of his entrance record to be forwarded to the commissioner
of human services. When a patient or resident leaves, is
discharged or transferred, or dies in any institution state
hospital, the chief executive officer, or other person in charge
shall inform the commissioner of human services within ten days
thereafter on forms by him furnished.
The commissioner of human services may authorize the
superintendent chief executive officer of any state institution
hospital for the mentally ill, mentally retarded or persons
having epilepsy with mental illness or mental retardation, to
release to public or private medical personnel, hospitals,
clinics, county welfare boards or other specifically designated
interested persons or agencies any information regarding any
patient or resident thereat, if, in the opinion of the
commissioner, it will be for the benefit of the patient or
resident.
Sec. 11. Minnesota Statutes 1984, section 246.23, is
amended to read:
246.23 [PERSONS ADMISSIBLE TO INSTITUTIONS STATE
HOSPITALS.]
No person who has not a settlement in a county, as defined
in section 256D.18, shall be admitted to a state hospital
for the mentally ill, the school for the deaf, the Minnesota
braille and sightsaving school, the schools and hospitals for
the mentally retarded and persons having epilepsy, or the
Owatonna state school persons with mental illness, mental
retardation, or chemical dependency, except that the
commissioner of human services may authorize admission thereto
when the residence cannot be ascertained, or when the
circumstances in his judgment make it advisable. When
application is made to a judge of probate for admission to any
of the institutions state hospitals above named for admission
thereto, if he finds that the person for whom application is
made has not such residence, or that his residence cannot be
ascertained, he shall so report to the commissioner; and he may
recommend that such person be admitted notwithstanding, giving
his reasons therefor. The commissioner of human services shall
thereupon investigate the question of residence and, if he finds
that such person has not such residence and has a legal
residence in another state or country, he may cause him to be
returned thereto at the expense of this state. When the
overseer of a county poorhouse believes an inmate thereof not to
have a residence in the state, but to have a residence
elsewhere, he shall so notify the commissioner of human services
who shall thereupon proceed in the manner above provided; except
that, if deemed impracticable to return such person to the state
of his residence, he may so certify and such person shall
thereafter be a charge upon the county, town or city in which he
has longest resided within the preceding year.
Sec. 12. Minnesota Statutes 1984, section 246.234, is
amended to read:
246.234 [RECIPROCAL EXCHANGE OF RELIEF PERSONS WITH MENTAL
ILLNESS OR MENTAL RETARDATION.]
The commissioner of human services is hereby authorized and
empowered with the approval of the governor to enter into
reciprocal agreements with any other state or states, through
the duly authorized authorities thereof, regarding the mutual
exchange, return, and transportation of mentally ill persons,
mentally deficient persons, or persons having epilepsy with
mental illness or mental retardation who are within the confines
of one state but have legal residence or legal settlement for
the purposes of relief in another state. Such agreements shall
contain no provisions conflicting with any law of this state.
Sec. 13. Minnesota Statutes 1984, section 246.41, is
amended to read:
246.41 [CONTRIBUTIONS FOR BENEFIT OF MENTALLY DEFICIENT
PERSONS AND PERSONS HAVING EPILEPSY WITH MENTAL RETARDATION.]
Subdivision 1. [ACCEPTANCE.] The commissioner of human
services is authorized to accept, for and in behalf of the
state, contributions of money for the use and benefit of
mentally deficient persons and persons having epilepsy with
mental retardation.
Subd. 2. [SPECIAL WELFARE FUND.] Any money so received by
the commissioner shall be deposited with the state treasurer in
a special welfare fund, which fund is to be used by the
commissioner of human services for the benefit of mentally
deficient persons and persons having epilepsy with mental
retardation within the state, including those
within institutions state hospitals. And, without excluding
other possible uses, research relating to mentally deficient
persons and persons having epilepsy with mental retardation
shall be considered an appropriate use of such funds; but such
funds shall not be used for any structures or installations
which by their nature would require state expenditures for their
operation or maintenance without specific legislative enactment
therefor.
Subd. 3. [APPROPRIATION.] There is hereby appropriated
from the special welfare fund in the state treasury to such
persons as are entitled thereto to carry out the provisions
stated in this section.
Sec. 14. Minnesota Statutes 1984, section 246.50, is
amended to read:
246.50 [CARE OF PATIENTS AND RESIDENTS AT STATE HOSPITALS;
DEFINITIONS.]
Subdivision 1. For the purposes of sections 246.50 to
246.55, the terms set out in subdivisions 2 to 8 shall have the
meanings ascribed to them.
Subd. 2. "Commissioner" means the commissioner of human
services of the state of Minnesota.
Subd. 3. "State hospital" means a state hospital facility
for the mentally ill or mentally deficient treating persons with
mental illness, mental retardation, or chemical dependency now
existing or hereafter established.
Subd. 4. "Patient" means any person receiving care or
treatment at a state hospital whether he entered such hospital
voluntarily or under commitment with mental illness or chemical
dependency.
Subd. 4a. "Resident" means any mentally retarded person
receiving care or treatment at a state hospital whether he
entered such hospital voluntarily or under commitment.
Subd. 5. "Cost of care" means the commissioner's
determination of the anticipated average per capita cost of all
maintenance, treatment and expense, including depreciation of
buildings and equipment, interest paid on bonds issued for
capital improvements to state hospitals, and indirect costs
related to the operation other than that paid from the Minnesota
state building fund, at all of the state hospitals for the
mentally ill or mentally retarded or chemically dependent during
the current year for which billing is being made. The
commissioner shall determine the anticipated average per capita
cost. The commissioner may establish one all inclusive rate or
separate rates for each patient or resident disability group,
and may establish separate charges for each hospital. "Cost of
care" for outpatient or day-care patients or residents shall be
on a cost for service basis under a schedule the commissioner
shall establish.
For purposes of this subdivision "resident patient" means a
person who occupies a bed while housed in a hospital for
observation, care, diagnosis, or treatment.
For purposes of this subdivision "outpatient" or "day-care"
patient or resident means a person who makes use of diagnostic,
therapeutic, counseling, or other service in a state hospital
facility or through state hospital personnel but does not occupy
a hospital bed overnight.
For the purposes of collecting from the federal government
for the care of those patients eligible for medical care under
the social security act "cost of care" shall be determined as
set forth in the rules and regulations of the Department of
Health and Human Services or its successor agency.
Subd. 6. "Relatives" means the spouse, and parents of a
patient or resident, in that order of liability for cost of care.
Subd. 7. "Patient's or resident's county" means the county
of the patient's or resident's legal settlement for poor relief
purposes at the time of commitment or voluntary admission to a
state hospital, or if he has no such legal settlement in this
state, it means the county of commitment, except that where a
patient or resident with no such legal settlement is committed
while serving a sentence at a penal institution, it means the
county from which he was sentenced.
Subd. 8. "County welfare board" means the welfare board of
the patient's or resident's county as defined in subdivision 7
and of the county of commitment, and any other county welfare
board possessing information regarding, or requested by the
commissioner to investigate, the financial circumstances of a
patient or resident or his relatives.
Sec. 15. Minnesota Statutes 1984, section 246.511, is
amended to read:
246.511 [RELATIVE RESPONSIBILITY.]
In no case, shall a patient's or resident's relatives,
pursuant to the commissioner's authority under section 246.51,
be ordered to pay more than ten percent of the cost of care,
unless they reside outside the state. Parents of children in
state hospitals shall have their responsibility to pay
determined according to section 252.27, subdivision 2. The
commissioner may accept voluntary payments in excess of ten
percent. The commissioner may require full payment of the full
per capita cost of care in state hospitals for patients or
residents whose parent, parents, spouse, guardian or conservator
do not reside in Minnesota.
Sec. 16. Minnesota Statutes 1984, section 246.52, is
amended to read:
246.52 [PAYMENT FOR CARE; ORDER; ACTION.]
The commissioner shall issue an order to the patient or
resident or the guardian of his estate, if there be one, and
relatives determined able to pay requiring them to pay monthly
to the state of Minnesota the amounts so determined the total of
which shall not exceed the full cost of care. Such order shall
specifically state the commissioner's determination and shall be
conclusive unless appealed from as herein provided. When a
patient or resident or relative fails to pay the amount due
hereunder the attorney general, upon request of the
commissioner, may institute, or direct the appropriate county
attorney to institute, civil action to recover such amount.
Sec. 17. Minnesota Statutes 1984, section 246.53, is
amended to read:
246.53 [CLAIM AGAINST ESTATE OF DECEASED PATIENT OR
RESIDENT.]
Subdivision 1. [PATIENT'S OR RESIDENT'S ESTATE.] Upon the
death of a patient or resident, or a former patient or resident,
the total cost of care given the patient or resident, less the
amount actually paid toward the cost of care by the patient or
resident and the patient's or resident's relatives, shall be
filed by the commissioner as a claim against the estate of the
patient or resident with the court having jurisdiction to
probate the estate and all proceeds collected by the state in
the case shall be divided between the state and county in
proportion to the cost of care each has borne.
Subd. 2. [PREFERRED STATUS.] An estate claim in
subdivision 1 shall be considered an expense of the last illness
for purposes of section 524.3-805.
If the commissioner of human services determines that the
property or estate of any patient or resident is not more than
needed to care for and maintain the spouse and minor or
dependent children of a deceased patient or resident, the
commissioner has the power to compromise the claim of the state
in a manner deemed just and proper.
Subd. 3. [EXCEPTION FROM STATUTE OF LIMITATIONS.] Any
statute of limitations which limits the commissioner in
recovering the cost of care obligation incurred by a patient or
resident or former patient or resident shall not apply to any
claim against an estate made hereunder to recover cost of care.
Sec. 18. Minnesota Statutes 1984, section 246.54, is
amended to read:
246.54 [LIABILITY OF COUNTY; REIMBURSEMENT.]
The patient's or resident's county shall pay to the state
of Minnesota a portion of the cost of care provided in a state
hospital to a patient or resident legally settled in that
county. A county's payment shall be made from the county's own
sources of revenue and payments shall be paid as follows:
payments to the state from the county shall equal ten percent of
the per capita rate, as determined by the commissioner, for each
day, or the portion thereof, that the patient or resident spends
at a state hospital. If payments received by the state under
sections 246.50 to 246.53 exceed 90 percent of the per capita
rate, the county shall be responsible for paying the state only
the remaining amount. The county shall not be entitled to
reimbursement from the patient or resident, the patient's or
resident's estate, or from the patient's or resident's
relatives, except as provided in section 246.53. No such
payments shall be made for any patient or resident who was last
committed prior to July 1, 1947.
Sec. 19. Minnesota Statutes 1984, section 246.55, is
amended to read:
246.55 [APPEAL FROM ORDER OF COMMISSIONER.]
Any patient or resident or relative aggrieved by an order
of the commissioner under sections 246.50 to 246.55 may appeal
from the order to the district court of the county in which he
resides by serving notice of the appeal on the commissioner and
filing the notice, with proof of service, in the office of the
clerk of the district court of the county within 30 days from
the date the order was mailed, or a later date not exceeding one
year from the date of mailing as permitted by order of the
court. The appeal may be brought on for hearing by the
appellant or the commissioner upon ten days' written notice. It
shall be tried to the court which shall hear evidence it deems
necessary and by order affirm or modify the order of the
commissioner. When any order or determination of the
commissioner made under sections 246.50 to 246.55 is brought in
question on appeal, the order or determination shall be
determined de novo. Appeal from the order of the district court
may be taken as in other civil cases.
Sec. 20. Minnesota Statutes 1984, section 246.56, is
amended to read:
246.56 [PRE-VOCATIONAL TRAINING FOR MENTALLY ILL OR
RETARDED PATIENTS WITH MENTAL ILLNESS OR RESIDENTS WITH MENTAL
RETARDATION; ADMINISTRATION.]
Subdivision 1. The commissioner of human services is
hereby authorized to establish, subject to the approval of the
commissioner of education economic security, within the
state institutions hospitals for the mentally ill and mentally
retarded patients with mental illness or residents with mental
retardation, work activity programs for the manufacture,
processing and repairing of goods, wares, and merchandise for
the purpose of providing therapeutic work activities for
patients and residents.
Subd. 2. The work activity programs authorized herein
shall be planned and designed exclusively to provide therapeutic
activities for handicapped workers whose physical or mental
impairment is so severe as to make productive capacity
inconsequential. The activities within this program shall
conform to the rules and regulations relating to work activity
centers promulgated by the United States Department of Labor.
To accomplish the foregoing purpose the commissioner of human
services shall have the power and authority to:
(a) use the diversified labor fund established by Laws
1945, Chapter 575, Section 19, to purchase equipment and remodel
facilities of the institutions state hospitals referred to in
subdivision 1 to initiate the work activity program,
(b) formulate a system of records and accounts which shall
at all times indicate the extent of purchases, sales, wages, and
bidding practices and which shall be open to public inspection.
The commissioner of human services shall, subject to the
approval of the commissioner of education, have the power and
authority to:
(a) create a work activity center revolving fund for the
purpose of receiving and expending moneys in the operation of
the said programs,
(b) contract with public and private industries for the
manufacture, repair, or assembling of work according to standard
bidding practices,
(c) use the revenue from the operation of said programs to
pay wages to patients and or residents according to their
productivity, purchase equipment and supplies and pay other
expenses necessary to the operation of the said programs,
(d) establish an advisory committee consisting of
representatives from the departments of health, education
economic security, and human services, labor and business
groups, interested community agencies, including but not limited
to the Minnesota Association of Rehabilitation Facilities, the
Minnesota Association for Retarded Children, and the Minnesota
Association for Mental Health, and the general public. This
committee will act in an advisory capacity with respect to the
scope of work activity programs, the nature of the goods to be
produced and services to be performed in such programs,
(e) utilize all available vocational rehabilitation
services and encourage the integration of the work activity
program into existing vocational rehabilitation and community
based programs, so that the work activity program will neither
duplicate nor unfairly compete with existing public or private
community programs.
Sec. 21. [252.021] [DEFINITION.]
For the purposes of this chapter, the words "related
condition" have the meaning given them in section 252.27,
subdivision 1.
Sec. 22. Minnesota Statutes 1984, section 252.025, is
amended to read:
252.025 [STATE HOSPITALS FOR MENTALLY RETARDED PERSONS AND
PERSONS HAVING EPILEPSY PERSONS WITH MENTAL RETARDATION.]
Subdivision 1. State hospitals for mentally retarded
persons and persons having epilepsy with mental retardation
shall be established and maintained at Faribault, Cambridge and
Brainerd, and notwithstanding any provision to the contrary they
shall be respectively known as the Faribault State Hospital, the
Cambridge State Hospital, and the Brainerd State Hospital. Each
of the foregoing state hospitals shall also be known by the name
of regional center at the discretion of the commissioner of
human services.
Subd. 2. They shall be under the general management and
control of the commissioner of human services.
Sec. 23. Minnesota Statutes 1984, section 252.05, is
amended to read:
252.05 [ABDUCTION OR ENTICING AWAY PROHIBITED; PENALTY.]
Every person who shall abduct, entice, or carry away from a
state hospital for mentally retarded persons or persons having
epilepsy with mental retardation any inmate resident thereof,
who has not been legally discharged therefrom, shall be guilty
of a felony and punished by a fine of not to exceed $3,000 or
imprisonment in the Minnesota correctional facility-Stillwater
or the Minnesota correctional facility-St. Cloud not to exceed
three years, or both, in the discretion of the court; any and
every person who shall abduct, entice, or carry away from any
place other than a state hospital, a person duly committed
as feebleminded or mentally deficient retarded to the
guardianship of the commissioner of human services with the
intention of wrongfully removing such person from the direct
custody of the commissioner of human services, such person known
by him to be under the supervision of the commissioner of human
services or his agents, shall be guilty of a gross misdemeanor.
Sec. 24. Minnesota Statutes 1984, section 252.06, is
amended to read:
252.06 [SHERIFF TO TRANSPORT MENTALLY DEFICIENT PERSONS AND
PERSONS HAVING EPILEPSY WITH MENTAL RETARDATION.]
It shall be the duty of the sheriff of any county, upon the
request of the commissioner of human services, to take charge of
and transport any mentally deficient person or any person having
epilepsy persons with mental retardation who has been committed
by the probate court of any county to the care and custody of
the commissioner of human services to such institution state
hospital as may be designated by the commissioner of human
services and there deliver such person to the superintendent
chief executive officer of the institution state hospital.
Sec. 25. Minnesota Statutes 1984, section 252.07, is
amended to read:
252.07 [SHERIFF, EXPENSES.]
In any county where the sheriff receives a salary in full
compensation for official services performed for the county, he
shall receive no additional compensation for services performed
under the provisions of sections 252.06 to 252.08, but he shall
be reimbursed by the county wherein such mentally deficient
person or person having epilepsy person with mental retardation
was committed for the necessary expenses incurred by him in
taking charge of and transporting such person to such
institution a state hospital and the subsistence of himself and
such person while enroute.
In any county where the sheriff does not receive a salary
he shall be paid $5 a day for the time necessarily employed in
performance of the service, together with expenses incurred by
him in taking charge of and transporting such person to such
institution state hospital and the subsistence of himself and
such person while enroute.
When the mentally deficient person or person having
epilepsy with mental retardation is a female, the sheriff shall
appoint some suitable woman to act in his stead. Such woman
shall exercise all the powers vested in the sheriff and shall be
paid $5 per day for the time necessarily employed in the
performance of such service, together with expenses incurred by
her in taking charge of and transporting such person to
such institution state hospital and the subsistence of herself
and such person while enroute.
Sec. 26. Minnesota Statutes 1984, section 252.09, is
amended to read:
252.09 [COURSES OF INSTRUCTION FOR TEACHERS.]
The commissioner of human services may establish and
maintain at the state hospital for mentally retarded persons and
persons having epilepsy with mental retardation at Faribault
courses of instruction for teachers and others interested in the
care and training of mentally retarded or defective children
persons with mental retardation and make all necessary rules and
regulations for the organization and conduct of such courses.
Sec. 27. Minnesota Statutes 1984, section 252.10, is
amended to read:
252.10 [FEES AND EXPENSES.]
The commissioner of human services shall charge and collect
from each person taking any such courses of instruction an
amount for board and tuition not exceeding $10 per week and the
moneys so collected shall be turned into the state treasury as
are other miscellaneous receipts from the institution state
hospital. The expenses incident to the conduct of such courses
of instruction and for the board of those taking the same shall
be paid as are the other expenses for maintaining the state
hospital for the mentally retarded persons and persons having
epilepsy with mental retardation. The courses of instruction
herein referred to shall, within the limitation of charges as
stated, be made as near self-sustaining as possible.
Sec. 28. Minnesota Statutes 1984, section 252.21, is
amended to read:
252.21 [COUNTY BOARDS MAY MAKE GRANTS FOR DEVELOPMENTAL
ACHIEVEMENT CENTER SERVICES FOR THE MENTALLY RETARDED AND
CEREBRAL PALSIED PERSONS WITH MENTAL RETARDATION OR RELATED
CONDITIONS.]
In order to assist county boards in carrying out
responsibilities for the provision of daytime developmental
achievement center services for eligible persons, the county
board or boards are hereby authorized to make grants, within the
limits of the money appropriated, to developmental achievement
centers for services to mentally retarded and cerebral palsied
persons with mental retardation or related conditions. In order
to fulfill its responsibilities to the mentally retarded and
cerebral palsied persons with mental retardation or related
conditions as required by section 256E.08, subdivision 1, a
county board may, beginning January 1, 1983, contract with
developmental achievement centers or other providers.
Sec. 29. Minnesota Statutes 1984, section 252.22, is
amended to read:
252.22 [APPLICANTS FOR ASSISTANCE; TAX LEVY.]
Any city, town, or non-profit corporation or any
combination thereof, may apply to the county board for
assistance in establishing and operating a developmental
achievement center and program for mentally retarded and
cerebral palsied persons with mental retardation or related
conditions. Application for such assistance shall be on forms
supplied by the board. Each applicant shall annually submit to
the board its plan and budget for the next fiscal year. No
applicant shall be eligible for a grant hereunder unless its
plan and budget have been approved by the board.
Any city, town, or county is authorized, at the discretion
of its governing body, to make grants from special tax revenues
or from its general revenue fund to any nonprofit organization,
governmental or corporate, within or outside its jurisdiction,
that has established a developmental achievement center for the
mentally retarded and cerebral palsied persons with mental
retardation or related conditions. Nothing contained herein
shall in any way preclude the use of funds available for this
purpose under any existing statute or charter provision relating
to cities, towns and counties.
Sec. 30. Minnesota Statutes 1984, section 252.23, is
amended to read:
252.23 [ELIGIBILITY REQUIREMENTS.]
A developmental achievement center shall satisfy all of the
following requirements to be eligible for assistance under
sections 252.21 to 252.26:
(1) Provide daytime activities for any or all of the
following classes of persons:
Mentally retarded and cerebral palsied children Children
with mental retardation or related conditions who can benefit
from the program of services, including those school age
children who have been excused or excluded from school;
Mentally retarded and cerebral palsied children and adults
Children and adults with mental retardation or related
conditions who are unable to attend school because of their
chronological age and are unable to independently engage in
ordinary community activities;
(2) Provide counseling services to parents or guardians of
mentally retarded and cerebral palsied persons with mental
retardation or related conditions who may register at the center;
(3) Comply with all rules duly promulgated by the
commissioner of human services.
Sec. 31. Minnesota Statutes 1984, section 252.24, is
amended to read:
252.24 [DUTIES OF COUNTY BOARDS.]
Subdivision 1. [SELECTION OF DEVELOPMENTAL ACHIEVEMENT
CENTERS.] The county board shall administer developmental
achievement services, including training and habilitation
services provided by licensed developmental achievement centers
to residents of intermediate care facilities for the mentally
retarded. The county board shall ensure that transportation is
provided for persons who fulfill the eligibility requirements of
section 252.23, clause (1), utilizing the most efficient and
reasonable means available. The county board may contract for
developmental achievement services and transportation from a
center which is licensed under the provisions of sections
245.781 to 245.813, 252.28, and 257.175, and in the board's
opinion, best provides daytime developmental achievement
services for mentally retarded and cerebral palsied persons with
mental retardation or related conditions within the
appropriation and medical assistance resources made available
for this purpose. Daytime developmental achievement services
administered by the county board shall comply with standards
established by the commissioner pursuant to subdivision 2 and
applicable federal regulations.
Subd. 2. [SUPERVISION OF PROJECTS; PROMULGATION OF RULES.]
The commissioner of human services shall closely supervise any
developmental achievement center receiving a grant under
sections 252.21 to 252.26. He shall promulgate rules in the
manner provided by law as necessary to carry out the purposes of
sections 252.21 to 252.26, including but not limited to rules
pertaining to facilities for housing developmental achievement
centers, administration of centers, and eligibility requirements
for admission and participation in activities of the center.
Subd. 3. [PAYMENT PROCEDURE.] The board at the beginning
of each year, shall allocate available money for developmental
achievement services for disbursement during the year to those
centers that have been selected to receive grants and whose
plans and budgets have been approved. The board shall, from
time to time during the fiscal year, review the budgets,
expenditures and programs of the various centers and if it
determines that any amount of funds are not needed for any
particular center to which they were allocated, it may, after 30
days' notice, withdraw such funds as are unencumbered and
reallocate them to other centers. It may withdraw all funds
from any center upon 90 days' notice whose program is not being
administered in accordance with its approved plan and budget.
Subd. 4. [FEES.] The county board may, with the approval
of the commissioner, establish a schedule of fees for daytime
developmental achievement services as provided in section
256E.08, subdivision 6. No mentally retarded or cerebral
palsied person with mental retardation or related condition
shall be denied daytime developmental achievement services
because of an inability to pay such a fee.
Sec. 32. Minnesota Statutes 1984, section 252.25, is
amended to read:
252.25 [BOARD OF DIRECTORS.]
Every city, town, or non-profit corporation, or combination
thereof, establishing a developmental achievement center for the
mentally retarded and cerebral palsied persons with mental
retardation or related conditions shall, before it comes under
the terms of sections 252.21 to 252.26, appoint a board of
directors for the center program. When any city or town singly
establishes such a center, such board shall be appointed by the
chief executive officer of the city or the chairman of the
governing board of the town. When any combination of cities,
towns, or non-profit corporations, establishes such a center,
the chief executive officers of the cities or non-profit
corporations and the chairman of the governing bodies of the
towns shall appoint the board of directors. If a non-profit
corporation singly establishes such a center, its chief
executive officer shall appoint the board of directors of the
center. Membership on a board of directors while not mandatory,
should be representative of local health, education and welfare
departments, medical societies, mental health centers,
associations concerned with mental retardation and cerebral
palsy related conditions, civic groups and the general public.
Nothing in sections 252.21 to 252.26 shall be construed to
preclude the appointment of elected or appointed public
officials or members of the board of directors of the sponsoring
non-profit corporation to such board of directors.
Sec. 33. Minnesota Statutes 1984, section 252.27, is
amended to read:
252.27 [COST OF BOARDING CARE OUTSIDE OF HOME OR
INSTITUTION.]
Subdivision 1. Whenever any child who has mental
retardation, epilepsy or a related condition, or a physical or
emotional handicap is in 24 hour care outside the home including
respite care, in a facility licensed by the commissioner of
human services, the cost of care shall be paid by the county of
financial responsibility determined pursuant to section 256E.08,
subdivision 7. If the child's parents or guardians do not
reside in this state, the cost shall be paid by the county in
which the child is found. For the purposes of this section an
"emotionally handicapped child" means any child having A person
has a "related condition" if that person has a severe, chronic
disability that is (a) attributable to cerebral palsy, epilepsy,
autism, or any other condition, other than mental illness, found
to be closely related to mental retardation because the
condition results in impairment of general intellectual
functioning or adaptive behavior similar to that of persons with
mental retardation or requires treatment or services similar to
those required for persons with mental retardation; (b) is
likely to continue indefinitely; and (c) results in substantial
functional limitations in three or more of the following areas
of major life activity: self care, understanding and use of
language, learning, mobility, self-direction, or capacity for
independent living. For the purposes of this section, a child
has an "emotional handicap" if the child has a psychiatric or
other emotional disorder which substantially impairs his mental
health and who requires 24 hour treatment or supervision.
Subd. 2. Responsibility of the parents for the cost of
care shall be based upon ability to pay. The state agency shall
adopt rules to determine responsibility of the parents for the
cost of care when:
(a) Insurance or other health care benefits pay some but
not all of the cost of care; and
(b) No insurance or other health care benefits are
available.
Parents who have more than one child in out-of-home care
shall not be required to pay more than the amount for one child
in out-of-home care. In no event shall the parents be required
to pay more than five percent of their income as defined in
section 290A.03, subdivision 3. There shall be no resource
contribution from the parents.
Responsibility of the child for the cost of care shall be
up to the maximum amount of the total income and resources
attributed to the child except for the clothing and personal
needs allowance as provided in section 256B.35, subdivision 1.
Reimbursement by the parents and child shall be made to the
county making any payments for care and treatment. The county
board may require payment of the full cost of caring for
children whose parents or guardians do not reside in this state.
To the extent that a child described in subdivision 1 is
eligible for benefits under chapters 62A, 62C, 62D, 62E, or 64A,
the county is not liable for the cost of care. A parent or
legal guardian who discontinues payment of health insurance
premiums, subscriber fees or enrollment fees for a child who is
otherwise eligible for those benefits is ineligible for payment
of the cost of care of that child under this section.
The commissioner's determination shall be conclusive in any
action to enforce payment of the cost of care. Any appeals from
the commissioner's determination shall be made pursuant to
section 256.045, subdivisions 2 and 3.
Subd. 3. If the parent fails to make appropriate
reimbursement as required in subdivision 2, the county attorney
may initiate a civil action to collect any unpaid reimbursement.
Subd. 4. In order to determine the effectiveness of the
family unit in providing alternate living arrangements and
providing or arranging for the training and developmental
opportunities provided in a state hospital or a licensed
community residential facility, the commissioner of human
services may establish an experimental program to subsidize
selected families who agree to carry out a planned program of
home care and training for their minor dependents who are
mentally retarded with mental retardation or related conditions.
This program shall be limited to children who otherwise
would require and be eligible for placement in state hospitals
or licensed community residential facilities.
Grants to families shall be determined by the commissioner
of human services. In determining the grants, the commissioner
shall consider the cost of diagnostic assessments, homemaker
services, training expenses including specialized equipment,
visiting nurses' or other pertinent therapists' costs, preschool
program costs, related transportation expenses, and parental
relief or child care costs not to exceed $250 per month per
family.
An individual care and training plan for the child shall be
established and agreed upon by the parents receiving the subsidy
and the appropriate local welfare agency. Periods of parental
relief, including vacations, may be included in the plan and do
not require the approval of the local welfare agency. The plan
shall be periodically evaluated to determine the progress of the
child.
Sec. 34. Minnesota Statutes 1984, section 252.275,
subdivision 1, is amended to read:
Subdivision 1. [PROGRAM.] The commissioner of human
services shall establish a statewide program to assist counties
in reducing the utilization of intermediate care services in
state hospitals and in community residential facilities for
persons who are mentally retarded with mental retardation or
related conditions. The commissioner shall make grants to
county boards to establish, operate, or contract for the
provision of semi-independent living services licensed by the
commissioner pursuant to sections 245.781 to 245.812 and 252.28.
Sec. 35. Minnesota Statutes 1984, section 252.275,
subdivision 7, is amended to read:
Subd. 7. [REPORTS.] The commissioner shall require
collection of data and periodic reports necessary to demonstrate
the effectiveness of semi-independent living services in helping
mentally retarded persons with mental retardation or related
conditions achieve self-sufficiency and independence. The
commissioner shall report to the legislature no later than
January 15, 1984, on the effectiveness of the program, its
effect on reducing the number of mentally retarded persons with
mental retardation or related conditions in state hospitals and
in intermediate care facilities, and his recommendations
regarding making this program an integral part of the social
services programs administered by the counties.
Sec. 36. Minnesota Statutes 1984, section 252.28, is
amended to read:
252.28 [COMMISSIONER OF HUMAN SERVICES; DUTIES.]
Subdivision 1. [DETERMINATIONS; BIENNIAL
REDETERMINATIONS.] The commissioner of human services shall
determine, and shall redetermine biennially, the need, location,
size, and program of public and private residential and day care
facilities and services for mentally retarded children and
adults with mental retardation or related conditions.
Subd. 2. [RULES; PROGRAM STANDARDS; LICENSES.] The
commissioner of human services shall:
(1) Establish uniform rules, regulations and program
standards for each type of residential and day facility or
service for mentally retarded persons with mental retardation or
related conditions, including state institutions hospitals under
control of the commissioner and serving mentally retarded
persons with mental retardation or related conditions, and
excluding mentally retarded persons with mental retardation or
related conditions residing with their families.
(2) Grant licenses according to the provisions of Laws
1976, chapter 243, sections 2 to 13.
Subd. 3. [LICENSING DETERMINATIONS.] (1) No new license
shall be granted pursuant to this section when the issuance of
the license would substantially contribute to an excessive
concentration of community residential facilities within any
town, municipality or county of the state.
(2) In determining whether a license shall be issued
pursuant to this subdivision, the commissioner of human services
shall specifically consider the population, size, land use plan,
availability of community services and the number and size of
existing public and private community residential facilities in
the town, municipality or county in which a licensee seeks to
operate a residence. Under no circumstances may the
commissioner newly license any facility pursuant to this section
except as provided in section 245.812. The commissioner of
human services shall establish uniform rules and regulations to
implement the provisions of this subdivision.
(3) Licenses for community facilities and services shall be
issued pursuant to section 245.821.
Subd. 4. [RULES; DECERTIFICATION OF BEDS.] The
commissioner shall promulgate in rule criteria for
decertification of beds in intermediate care facilities for the
mentally retarded persons with mental retardation or related
conditions, and shall encourage providers in voluntary
decertification efforts. The commissioner shall not recommend
to the commissioner of health the involuntary decertification of
an intermediate care facility for beds for the mentally retarded
persons with mental retardation or related conditions prior to
the availability of appropriate services for those residents
affected by the decertification. The commissioner of health
shall decertify those intermediate care beds determined to be
not needed by the commissioner of human services.
Sec. 37. Minnesota Statutes 1984, section 252.291, is
amended to read:
252.291 [LIMITATION ON DETERMINATION OF NEED.]
Subdivision 1. [MORATORIUM.] Notwithstanding section
252.28, subdivision 1, or any other law or rule to the contrary,
the commissioner of human services shall deny any request for a
determination of need and refuse to grant a license pursuant to
section 245.782 for any new intermediate care facility for
mentally retarded persons with mental retardation or related
conditions or for an increase in the licensed capacity of an
existing facility except as provided in subdivision 2. In no
event shall the total of certified intermediate care beds
for mentally retarded persons with mental retardation or related
conditions in community facilities and state hospitals exceed
7,500 beds as of July 1, 1983, and 7,000 beds as of July 1,
1986. "Certified bed" means an intermediate care bed for the
mentally retarded persons with mental retardation or related
conditions certified by the commissioner of health for the
purposes of the medical assistance program under United States
Code, title 42, sections 1396 to 1396p, as amended through
December 31, 1982.
Subd. 2. [EXCEPTIONS.] The commissioner of human services
in coordination with the commissioner of health may approve a
new intermediate care facility for mentally retarded
persons with mental retardation or related conditions only in
the following circumstances:
(a) when the facility is developed in accordance with a
request for proposal system established pursuant to subdivision
3, clause (b);
(b) when the facility is necessary to serve the needs of
identifiable mentally retarded persons with mental retardation
or related conditions who are seriously behaviorally disordered
or who are physically or sensorily impaired; or
(c) to license beds in new facilities where need was
determined by the commissioner prior to June 10, 1983.
Subd. 3. [DUTIES OF COMMISSIONER OF HUMAN SERVICES.] The
commissioner shall:
(a) establish standard admission criteria for state
hospitals and county utilization targets to limit and reduce the
number of intermediate care beds in state hospitals and
community facilities in accordance with approved waivers under
United States Code, title 42, sections 1396 to 1396p, as amended
through December 31, 1982, to assure that appropriate services
are provided in the least restrictive setting;
(b) provide technical assistance so that county boards may
establish a request for proposal system for meeting individual
service plan objectives through home and community-based
services; alternative community services; or, if no other
alternative will meet the needs of identifiable individuals for
whom the county is financially responsible, a new intermediate
care facility for mentally retarded persons with mental
retardation or related conditions; and
(c) establish a client tracking and evaluation system as
required under applicable federal waiver regulations, Code of
Federal Regulations, title 42, sections 431, 435, 440, and 441,
as amended through December 31, 1982.
(d) develop a state plan for the delivery and funding of
residential day and support services to the mentally retarded
persons with mental retardation or related conditions in
Minnesota and submit that plan to the clerk of each house of the
Minnesota legislature on or before the 15th of January of each
biennium beginning January 15, 1985. The biennial mental
retardation plan shall include but not be limited to:
(1) county by county maximum intermediate care bed
utilization quotas;
(2) plans for the development of the number and types of
services alternative to intermediate care beds;
(3) procedures for the administration and management of the
plan;
(4) procedures for the evaluation of the implementation of
the plan; and
(5) the number, type, and location of intermediate care
beds targeted for decertification.
The commissioner shall modify the plan to ensure
conformance with the medical assistance home and community-based
services waiver.
Subd. 4. [MONITORING.] The commissioner of human services,
in coordination with the commissioner of health, shall implement
mechanisms to monitor and analyze the effect of the bed
moratorium in the different geographic areas of the state. The
commissioner of human services shall submit to the legislature
annually beginning January 15, 1984, an assessment of the impact
of the moratorium by geographic areas.
Subd. 5. [RULEMAKING.] The commissioner of human services
shall promulgate emergency and permanent rules pursuant to
chapter 14, the Administrative Procedure Act, to implement this
section.
Sec. 38. Minnesota Statutes 1984, section 252.30, is
amended to read:
252.30 [AUTHORIZATION TO MAKE GRANTS FOR COMMUNITY
RESIDENTIAL FACILITIES.]
The commissioner of human services may make grants to
nonprofit organizations, municipalities or local units of
government to provide up to 25 percent of the cost of
constructing, purchasing or remodeling small community
residential facilities for mentally retarded and cerebral
palsied persons with mental retardation or related conditions
allowing such persons to live in a homelike atmosphere near
their families. Operating capital grants may also be made for
up to three months of reimbursable operating costs after the
facility begins processing applications for admission and prior
to reimbursement for services. Repayment of the operating
grants shall be made to the commissioner of human services at
the end of the provider's first fiscal year, or at the
conclusion of the interim rate period, whichever occurs first.
No aid under this section shall be granted to a facility
providing for more than 16 residents in a living unit and with
more than two living units. The advisory council established by
section 252.31 shall recommend to the commissioner appropriate
disbursement of the funds appropriated by Laws 1973, Chapter
673, Section 3. Prior to any disbursement of funds the
commissioner shall review the plans and location of any proposed
facility to determine whether such a facility is needed. The
commissioner shall promulgate such rules and regulations for the
making of grants and for the administration of section 252.30 as
he deems proper. The remaining portion of the cost of
constructing, purchasing, remodeling facilities, or of operating
capital shall be borne by nonstate sources including federal
grants, local government funds, funds from charitable sources,
gifts and mortgages.
Sec. 39. Minnesota Statutes 1984, section 252.31, is
amended to read:
252.31 [ADVISORY TASK FORCE.]
The commissioner of human services may appoint an advisory
task force for the mentally retarded and physically
handicapped persons with mental retardation, related conditions,
or physical handicaps. The task force shall advise the
commissioner relative to those laws for which the commissioner
is responsible to administer and enforce relating to mental
retardation or related conditions and physical disabilities.
The task force shall consist of persons who are providers or
consumers of service for the mentally retarded persons with
mental retardation, related conditions, or physically
handicapped physical handicaps, or who are interested citizens.
The task force shall expire and the terms, compensation and
removal of members shall be as provided in section 15.059.
Sec. 40. Minnesota Statutes 1984, section 252.32, is
amended to read:
252.32 [FAMILY SUBSIDY PROGRAM.]
Within the limits of appropriations, the commissioner of
human services may provide subsidies to families with mentally
retarded children with mental retardation or related conditions
in order to enable those families to continue caring for the
children in their own homes. The commissioner may establish
criteria for determining eligibility for a subsidy and subsidy
amounts and conditions for use of subsidies.
Sec. 41. Minnesota Statutes 1984, section 253.015, is
amended to read:
253.015 [LOCATION; MANAGEMENT; COMMITMENT; SUPERINTENDENT
CHIEF EXECUTIVE OFFICER.]
The state hospitals located at Anoka, Fergus Falls,
Hastings, Moose Lake, Rochester, St. Peter, and Willmar shall
constitute the state hospitals for mentally ill, and shall be
maintained under the general management of the commissioner of
human services. The commissioner of human services shall
determine to what state hospital mentally ill persons with
mental illness shall be committed from each county and notify
the probate judge thereof, and of changes made from time to time.
The chief executive officer of each hospital for the mentally
ill persons with mental illness shall be known as the
superintendent chief executive officer.
Sec. 42. Minnesota Statutes 1984, section 253.10, is
amended to read:
253.10 [DEATH OR ILLNESS; NOTICE GIVEN NEXT OF KIN.]
The superintendent chief executive officer of any state
hospital shall give to the next of kin of any inmate resident
thereof immediate notice of his death, serious illness, or
special change in his condition and promptly and fully answer
all letters of inquiry from relatives. Immediately after the
death of a patient or resident therein, he shall furnish for
registration, to the proper clerk or health officer, and to the
probate judge of the county from which he was committed, a
certificate setting forth the name of the patient or resident,
his age, the duration of his last sickness, and the cause and
date of his death. The expenses of all coroners' inquests upon
persons dying in such institution hospital shall be paid from
the appropriation for its current expenses.
Sec. 43. Minnesota Statutes 1984, section 253.19, is
amended to read:
253.19 [ANNUAL REPORT.]
On or before September 1 each year, the superintendent
chief executive officer of each state hospital or asylum for the
insane for persons with mental illness or mental retardation
shall report to the commissioner of human services the number of
insane persons with mental illness therein on July 31 preceding,
giving the numbers of male and female and of the idiotic and
number of persons having epilepsy with mental retardation
separately, and a statistical exhibit of the admissions,
discharges, and deaths, with causes of death, and such other
facts and information as the commissioner may require. Neglect
to so report shall be a misdemeanor.
Sec. 44. Minnesota Statutes 1984, section 253.20, is
amended to read:
253.20 [MINNESOTA SECURITY HOSPITAL.]
The commissioner of human services is hereby authorized and
directed to erect, equip, and maintain in connection with a
state hospital at St. Peter a suitable building to be known as
the Minnesota Security Hospital, for the purpose of holding in
custody and caring for such insane persons, idiots, imbeciles,
and persons having epilepsy persons with mental illness or
mental retardation as may be committed thereto by courts of
criminal jurisdiction, or otherwise, or transferred thereto by
the commissioner of human services, and for such persons as may
be declared insane while confined in any penal institution, or
who may be found to be mentally infirm ill and dangerous, and he
shall supervise and manage the same as in the case of other
state hospitals or asylums.
Sec. 45. Minnesota Statutes 1984, section 253.21, is
amended to read:
253.21 [COMMITMENT; PROCEEDINGS; RESTORATION OF SANITY
MENTAL HEALTH.]
When any person confined in the Minnesota correctional
facility-Stillwater or the Minnesota correctional facility-St.
Cloud is alleged to be insane mentally ill, the chief executive
officer or other person in charge shall forthwith notify the
commissioner of human services, who shall cause the prisoner to
be examined by the probate court of the county where he is
confined, as in the case of other insane mentally ill persons.
In case he is found to be insane mentally ill, he shall be
transferred by the order of the court to the Minnesota Security
Hospital or to a state hospital for the insane mentally ill
people in the discretion of the court, there to be kept and
maintained as in the case of other insane mentally ill persons.
If, in the judgment of the superintendent chief executive
officer, his sanity mental health is restored before the period
of his commitment to the penal institution has expired, he shall
be removed by the commissioner, upon the certificate of
the superintendent chief executive officer, to the institution
whence he came, and there complete the period of his sentence.
Sec. 46. Minnesota Statutes 1984, section 253.25, is
amended to read:
253.25 [COMMITMENT BEFORE CONVICTION.]
When any person under indictment or information and before
trial thereon shall be found to be insane, an idiot, or an
imbecile incompetent to proceed and to have homicidal
tendencies; or when during the trial of any person on an
indictment or information such person shall be found to
be insane, an idiot, or an imbecile incompetent to proceed and
to have homicidal tendencies, the court in which such indictment
or information is filed shall forthwith commit such person to
the Minnesota Security Hospital for safekeeping and treatment
and such person shall be received and cared for thereat until he
shall recover when he shall be returned to the court from which
he was received there to be dealt with according to law.
Sec. 47. Minnesota Statutes 1984, section 253.26, is
amended to read:
253.26 [TRANSFERS OF PATIENTS OR RESIDENTS.]
When any patient person of the state institution for the
mentally ill, mentally defective or persons having
epilepsy hospital for patients with mental illness or residents
with mental retardation is found by the commissioner of human
services to have homicidal tendencies or to be under sentence or
indictment or information he may be transferred by the
commissioner to the Minnesota Security Hospital for safekeeping
and treatment.
Sec. 48. Minnesota Statutes 1984, section 256.01,
subdivision 2, is amended to read:
Subd. 2. [SPECIFIC POWERS.] Subject to the provisions of
section 241.021, subdivision 2, the commissioner of human
services shall:
(1) Administer and supervise all forms of public assistance
provided for by state law and other welfare activities or
services as are vested in the commissioner.
(2) Administer and supervise all child welfare activities;
promote the enforcement of laws protecting handicapped,
dependent, neglected and delinquent children, and children born
to mothers who were not married to the children's fathers at the
times of the conception nor at the births of the children;
license and supervise child-caring and child-placing agencies
and institutions; supervise the care of children in boarding and
foster homes or in private institutions; and generally perform
all functions relating to the field of child welfare now vested
in the state board of control.
(3) Administer and supervise all noninstitutional service
to handicapped persons, including those who are visually
impaired, hearing impaired, or physically impaired or otherwise
handicapped. The commissioner may provide and contract for the
care and treatment of qualified indigent children in facilities
other than those located and available at state hospitals when
it is not feasible to provide the service in state hospitals.
(4) Assist and actively cooperate with other departments,
agencies and institutions, local, state, and federal, by
performing services in conformity with the purposes of Laws
1939, chapter 431.
(5) Act as the agent of and cooperate with the federal
government in matters of mutual concern relative to and in
conformity with the provisions of Laws 1939, chapter 431,
including the administration of any federal funds granted to the
state to aid in the performance of any functions of the
commissioner as specified in Laws 1939, chapter 431, and
including the promulgation of rules making uniformly available
medical care benefits to all recipients of public assistance, at
such times as the federal government increases its participation
in assistance expenditures for medical care to recipients of
public assistance, the cost thereof to be borne in the same
proportion as are grants of aid to said recipients.
(6) Establish and maintain any administrative units
reasonably necessary for the performance of administrative
functions common to all divisions of the department.
(7) Administer and supervise any additional welfare
activities and services as are vested by law in the department.
(8) The commissioner is designated as guardian of both the
estate and the person of all the wards of the state of
Minnesota, whether by operation of law or by an order of court,
without any further act or proceeding whatever, except as to
persons committed as mentally retarded or having epilepsy.
(9) Act as coordinating referral and informational center
on requests for service for newly arrived immigrants coming to
Minnesota.
(10) The specific enumeration of powers and duties as
hereinabove set forth shall in no way be construed to be a
limitation upon the general transfer of powers herein contained.
(11) Establish county, regional, or statewide schedules of
maximum fees and charges which may be paid by local agencies for
medical, dental, surgical, hospital, nursing and nursing home
care and medicine and medical supplies under all programs of
medical care provided by the state and for congregate living
care under the income maintenance programs.
(12) Have the authority to conduct and administer
experimental projects to test methods and procedures of
administering assistance and services to recipients or potential
recipients of public welfare. To carry out such experimental
projects, it is further provided that the commissioner of human
services is authorized to waive the enforcement of existing
specific statutory program requirements, regulations, and
standards in one or more counties. The order establishing the
waiver shall provide alternative methods and procedures of
administration, shall not be in conflict with the basic
purposes, coverage, or benefits provided by law, and in no event
shall the duration of a project exceed two years. It is further
provided that no order establishing an experimental project as
authorized by the provisions of this section shall become
effective until the following conditions have been met:
(a) The proposed comprehensive plan including estimated
project costs and the proposed order establishing the waiver
shall be filed with the secretary of the senate and chief clerk
of the house of representatives at least 60 days prior to its
effective date.
(b) The secretary of health, education, and welfare of the
United States has agreed, for the same project, to waive state
plan requirements relative to statewide uniformity.
(c) A comprehensive plan, including estimated project
costs, shall be approved by the legislative advisory commission
and filed with the commissioner of administration.
(13) In accordance with federal requirements establish
procedures to be followed by local welfare boards in creating
citizen advisory committees, including procedures for selection
of committee members.
(14) Allocate federal fiscal disallowances or sanctions
which are based on quality control error rates for the aid to
families with dependent children, medical assistance, or food
stamp program in the following manner:
(a) One-half of the total amount of the disallowance shall
be borne by the county boards responsible for administering the
programs and shall be shared by each county board in the same
proportion as that county's expenditures for the sanctioned
program are to the total of all counties' expenditures for that
program. Each county shall pay its share of the disallowance to
the state of Minnesota. When a county fails to pay the amount
due hereunder, the commissioner may deduct the amount from
reimbursement otherwise due the county, or the attorney general,
upon the request of the commissioner, may institute civil action
to recover the amount due.
(b) Notwithstanding the provisions of paragraph (a), if the
disallowance results from knowing noncompliance by one or more
counties with a specific program instruction, and that knowing
noncompliance is a matter of official county board record, the
commissioner may require payment or recover from the county or
counties, in the manner prescribed in paragraph (a), an amount
equal to the portion of the total disallowance which resulted
from the noncompliance, and may distribute the balance of the
disallowance according to paragraph (a).
(15) Develop and implement special projects that maximize
reimbursements and result in the recovery of money to the
state. For the purpose of recovering state money, the
commissioner may enter into contracts with third parties. Any
recoveries that result from projects or contracts entered into
under this paragraph shall be deposited in the state treasury
and credited to a special account until the balance in the
account reaches $400,000. When the balance in the account
exceeds $400,000, the excess shall be transferred and credited
to the general fund. All money in the account is appropriated
to the commissioner for the purposes of this paragraph.
Sec. 49. Minnesota Statutes 1984, section 256.01,
subdivision 5, is amended to read:
Subd. 5. [GIFTS, CONTRIBUTIONS, PENSIONS AND BENEFITS;
ACCEPTANCE.] The commissioner shall have the power and authority
to accept in behalf of the state contributions and gifts for the
use and benefit of children under the guardianship or custody of
the commissioner; he may also receive and accept on behalf of
such children, and on behalf of patients and residents at the
several state institutions for the mentally ill, the mentally
retarded, or persons having epilepsy hospitals for persons with
mental illness or mental retardation during the period of their
hospitalization and while on provisional discharge therefrom,
moneys due and payable to them as old age and survivors
insurance benefits, veterans benefits, pensions or other such
monetary benefits. Such gifts, contributions, pensions and
benefits shall be deposited in and disbursed from the social
welfare fund provided for in sections 256.88 to 256.92.
Sec. 50. Minnesota Statutes 1984, section 256.91, is
amended to read:
256.91 [PURPOSES.]
From that part of the social welfare fund held in the state
treasury subject to disbursement as provided in section 256.90
the commissioner of human services at any time may pay out such
amounts as he deems proper for the support, maintenance, or
other legal benefit of any of the handicapped, dependent,
neglected, and delinquent children, children born to mothers who
were not married to the children's fathers at the times of the
conception nor at the births of the children, persons found to
be mentally retarded, chemically dependent or mentally ill with
mental retardation, chemical dependency, or mental illness, or
other wards or persons entitled thereto, not exceeding in the
aggregate to or for any person the principal amount previously
received for the benefit of the person, together with the
increase in it from an equitable apportionment of interest
realized from the social welfare fund.
When any such person dies or is finally discharged from the
guardianship, care, custody, and control of the commissioner of
human services, the amount then remaining subject to use for the
benefit of the person shall be paid as soon as may be from the
social welfare fund to the persons thereto entitled by law.
Sec. 51. Minnesota Statutes 1984, section 256.93,
subdivision 1, is amended to read:
Subdivision 1. [LIMITATIONS.] In any case where the
guardianship of the person of any mentally retarded,
handicapped, dependent, neglected or delinquent child, or a
child born to a mother who was not married to the child's father
when the child was conceived nor when the child was born, has
been committed to the commissioner of human services, and in any
case where the guardianship or conservatorship of the person of
any mentally retarded person or person having epilepsy person
with mental retardation has been committed to the commissioner
of human services, the probate court having jurisdiction of the
estate may on such notice as the court may direct, authorize the
commissioner to take possession of the personal property in the
estate, liquidate it, and hold the proceeds in trust for the
ward, to be invested, expended and accounted for as provided by
sections 256.88 to 256.92.
Sec. 52. Minnesota Statutes 1984, section 256B.02,
subdivision 2, is amended to read:
Subd. 2. "Excluded time" means any period of time an
applicant spends in a hospital, sanatorium, nursing home,
boarding home, shelter, halfway house, foster home,
semi-independent living domicile, residential facility offering
care, board and lodging facility offering 24-hour care or
supervision of mentally ill, mentally retarded, or physically
disabled persons, or other institution persons with mental
illness, mental retardation, related conditions, or physical
disabilities; or other treatment facility for the
hospitalization or care of human beings, as defined in sections
144.50, 144A.01, or 245.782, subdivision 6.
Sec. 53. Minnesota Statutes 1984, section 256B.02,
subdivision 8, is amended to read:
Subd. 8. [MEDICAL ASSISTANCE; MEDICAL CARE.] "Medical
assistance" or "medical care" means payment of part or all of
the cost of the following care and services for eligible
individuals whose income and resources are insufficient to meet
all of this cost:
(1) Inpatient hospital services. A second medical opinion
is required prior to reimbursement for elective surgeries. The
commissioner shall publish in the State Register a proposed list
of elective surgeries that require a second medical opinion
prior to reimbursement. The list is not subject to the
requirements of sections 14.01 to 14.70. The commissioner's
decision whether a second medical opinion is required, made in
accordance with rules governing that decision, is not subject to
administrative appeal;
(2) Skilled nursing home services and services of
intermediate care facilities, including training and
habilitation services, as defined in section 256B.50,
subdivision 1, for mentally retarded individuals persons with
mental retardation or related conditions who are residing in
intermediate care facilities for the mentally retarded persons
with mental retardation or related conditions;
(3) Physicians' services;
(4) Outpatient hospital or nonprofit community health
clinic services or physician-directed clinic services. The
physician-directed clinic staff shall include at least two
physicians, one of whom is on the premises whenever the clinic
is open, and all services shall be provided under the direct
supervision of the physician who is on the premises. Hospital
outpatient departments are subject to the same limitations and
reimbursements as other enrolled vendors for all services,
except initial triage, emergency services, and services not
provided or immediately available in clinics, physicians'
offices, or by other enrolled providers. "Emergency services"
means those medical services required for the immediate
diagnosis and treatment of medical conditions that, if not
immediately diagnosed and treated, could lead to serious
physical or mental disability or death or are necessary to
alleviate severe pain. Neither the hospital, its employees, nor
any physician or dentist, shall be liable in any action arising
out of a determination not to render emergency services or care
if reasonable care is exercised in determining the condition of
the person, or in determining the appropriateness of the
facilities, or the qualifications and availability of personnel
to render these services consistent with this section;
(5) Community mental health center services, as defined in
rules adopted by the commissioner pursuant to section 256B.04,
subdivision 2, and provided by a community mental health center
as defined in section 245.62, subdivision 2;
(6) Home health care services;
(7) Private duty nursing services;
(8) Physical therapy and related services;
(9) Dental services, excluding cast metal restorations;
(10) Laboratory and xray services;
(11) The following if prescribed by a licensed
practitioner: drugs, eyeglasses, dentures, and prosthetic
devices. The commissioner shall designate a formulary committee
which shall advise the commissioner on the names of drugs for
which payment shall be made, recommend a system for reimbursing
providers on a set fee or charge basis rather than the present
system, and develop methods encouraging use of generic drugs
when they are less expensive and equally effective as trademark
drugs. The commissioner shall appoint the formulary committee
members no later than 30 days following July 1, 1981. The
formulary committee shall consist of nine members, four of whom
shall be physicians who are not employed by the department of
human services, and a majority of whose practice is for persons
paying privately or through health insurance, three of whom
shall be pharmacists who are not employed by the department of
human services, and a majority of whose practice is for persons
paying privately or through health insurance, a consumer
representative, and a nursing home representative. Committee
members shall serve two year terms and shall serve without
compensation. The commissioner may establish a drug formulary.
Its establishment and publication shall not be subject to the
requirements of the Administrative Procedure Act, but the
formulary committee shall review and comment on the formulary
contents. Prior authorization may be required by the
commissioner, with the consent of the drug formulary committee,
before certain formulary drugs are eligible for payment. The
formulary shall not include: drugs or products for which there
is no federal funding; over the counter drugs, except for
antacids, acetaminophen, family planning products, aspirin,
insulin, prenatal vitamins, and vitamins for children under the
age of seven; or any other over the counter drug identified by
the commissioner, in consultation with the appropriate
professional consultants under contract with or employed by the
state agency, as necessary, appropriate and cost effective for
the treatment of certain specified chronic diseases, conditions
or disorders, and this determination shall not be subject to the
requirements of chapter 14, the Administrative Procedure Act;
nutritional products, except for those products needed for
treatment of phenylketonuria, hyperlysinemia, maple syrup urine
disease, a combined allergy to human milk, cow milk, and soy
formula, or any other childhood or adult diseases, conditions,
or disorders identified by the commissioner as requiring a
similarly necessary nutritional product; anorectics; and drugs
for which medical value has not been established. Separate
payment shall not be made for nutritional products for residents
of long-term care facilities; payment for dietary requirements
is a component of the per diem rate paid to these facilities.
Payment to drug vendors shall not be modified before the
formulary is established except that the commissioner shall not
permit payment for any drugs which may not by law be included in
the formulary, and his determination shall not be subject to
chapter 14, the Administrative Procedure Act. The commissioner
shall publish conditions for prohibiting payment for specific
drugs after considering the formulary committee's
recommendations.
The basis for determining the amount of payment shall be
the actual acquisition costs of the drugs plus a fixed
dispensing fee established by the commissioner. Actual
acquisition cost includes quantity and other special discounts
except time and cash discounts. Establishment of this fee shall
not be subject to the requirements of the Administrative
Procedure Act. Whenever a generically equivalent product is
available, payment shall be on the basis of the actual
acquisition cost of the generic drug, unless the prescriber
specifically indicates "dispense as written" on the prescription
as required by section 151.21, subdivision 2.
Notwithstanding the above provisions, implementation of any
change in the fixed dispensing fee which has not been subject to
the Administrative Procedure Act shall be limited to not more
than 180 days, unless, during that time, the commissioner shall
have initiated rulemaking through the Administrative Procedure
Act;
(12) Diagnostic, screening, and preventive services;
(13) Health care pre-payment plan premiums and insurance
premiums if paid directly to a vendor and supplementary medical
insurance benefits under Title XVIII of the Social Security Act;
(14) Abortion services, but only if one of the following
conditions is met:
(a) The abortion is a medical necessity. "Medical
necessity" means (1) the signed written statement of two
physicians indicating the abortion is medically necessary to
prevent the death of the mother, and (2) the patient has given
her consent to the abortion in writing unless the patient is
physically or legally incapable of providing informed consent to
the procedure, in which case consent will be given as otherwise
provided by law;
(b) The pregnancy is the result of criminal sexual conduct
as defined in section 609.342, clauses (c), (d), (e)(i), and
(f), and the incident is reported within 48 hours after the
incident occurs to a valid law enforcement agency for
investigation, unless the victim is physically unable to report
the criminal sexual conduct, in which case the report shall be
made within 48 hours after the victim becomes physically able to
report the criminal sexual conduct; or
(c) The pregnancy is the result of incest, but only if the
incident and relative are reported to a valid law enforcement
agency for investigation prior to the abortion;
(15) Transportation costs incurred solely for obtaining
emergency medical care or transportation costs incurred by
nonambulatory persons in obtaining emergency or nonemergency
medical care when paid directly to an ambulance company, common
carrier, or other recognized providers of transportation
services. For the purpose of this clause, a person who is
incapable of transport by taxicab or bus shall be considered to
be nonambulatory;
(16) To the extent authorized by rule of the state agency,
costs of bus or taxicab transportation incurred by any
ambulatory eligible person for obtaining nonemergency medical
care;
(17) Personal care attendant services provided by an
individual, not a relative, who is qualified to provide the
services, where the services are prescribed by a physician in
accordance with a plan of treatment and are supervised by a
registered nurse. Payments to personal care attendants shall be
adjusted annually to reflect changes in the cost of living or of
providing services by the average annual adjustment granted to
vendors such as nursing homes and home health agencies; and
(18) Any other medical or remedial care licensed and
recognized under state law unless otherwise prohibited by law.
Sec. 54. Minnesota Statutes 1984, section 256B.02, is
amended by adding a subdivision to read:
Subd. 11. "Related condition" means that condition defined
in section 252.27, subdivision 1.
Sec. 55. Minnesota Statutes 1984, section 256B.092, is
amended to read:
256B.092 [CASE MANAGEMENT OF MENTALLY RETARDED PERSONS WITH
MENTAL RETARDATION OR RELATED CONDITIONS.]
Subdivision 1. [COUNTY OF FINANCIAL RESPONSIBILITY;
DUTIES.] Before any services shall be rendered to mentally
retarded persons with mental retardation or related conditions
who are in need of social service and medical assistance, the
county of financial responsibility shall conduct a diagnostic
evaluation in order to determine whether the person is or may be
mentally retarded or has or may have a related condition. If a
client is diagnosed as mentally retarded or as having a related
condition, that county must conduct a needs assessment, develop
an individual service plan, and authorize placement for
services. If the county of financial responsibility places a
client in another county for services, the placement shall be
made in cooperation with the host county of service, and
arrangements shall be made between the two counties for ongoing
social service, including annual reviews of the client's
individual service plan. The host county may not make changes
in the service plan without approval by the county of financial
responsibility.
Subd. 2. [MEDICAL ASSISTANCE.] To assure quality case
management to those county clients who are eligible for medical
assistance, the commissioner shall: (a) provide consultation on
the case management process; (b) assist county agencies in the
screening and annual reviews of clients to assure that
appropriate levels of service are provided; (c) provide
consultation on service planning and development of services
with appropriate options; (d) provide training and technical
assistance to county case managers; and (e) authorize payment
for medical assistance services.
Subd. 3. [TERMINATION OF SERVICES.] County agency case
managers, under rules of the commissioner, shall authorize and
terminate services of community and state hospital providers in
accordance with individual service plans. Medical assistance
services not needed shall not be authorized by county agencies
nor funded by the commissioner.
Subd. 4. [ALTERNATIVE HOME AND COMMUNITY-BASED SERVICES.]
The commissioner shall make payments to county boards
participating in the medical assistance program to pay costs of
providing alternative home and community-based services to
medical assistance eligible mentally retarded persons with
mental retardation or related conditions who have been screened
under subdivision 7. Payment is available under this
subdivision only for persons who, if not provided these
services, would require the level of care provided in an
intermediate care facility for mentally retarded persons with
mental retardation or related conditions.
Subd. 5. [FEDERAL WAIVERS.] The commissioner shall apply
for any federal waivers necessary to secure, to the extent
allowed by law, federal financial participation under United
States Code, title 42, sections 1396 to 1396p, as amended
through December 31, 1982, for the provision of services to
persons who, in the absence of the services, would need the
level of care provided in a state hospital or a community
intermediate care facility for mentally retarded persons with
mental retardation or related conditions. The commissioner may
seek amendments to the waivers or apply for additional waivers
under United States Code, title 42, sections 1396 to 1396p, as
amended through December 31, 1982, to contain costs. The
commissioner shall ensure that payment for the cost of providing
home and community-based alternative services under the federal
waiver plan shall not exceed the cost of intermediate care
services that would have been provided without the waivered
services.
Subd. 6. [RULES.] The commissioner shall adopt emergency
and permanent rules to establish required controls,
documentation, and reporting of services provided in order to
assure proper administration of the approved waiver plan.
Subd. 7. [SCREENING TEAMS ESTABLISHED.] Each county agency
shall establish a screening team which, under the direction of
the county case manager, shall make an evaluation of need for
home and community-based services of persons who are entitled to
the level of care provided by an intermediate care facility
for mentally retarded persons with mental retardation or related
conditions or for whom there is a reasonable indication that
they might need the services in the near future. The screening
team shall make an evaluation of need within 15 working days of
the request for service and within five working days of an
emergency admission of an individual to an intermediate care
facility for mentally retarded persons with mental retardation
or related conditions. The screening team shall consist of the
case manager, the client, a parent or guardian, a qualified
mental retardation professional, as defined in the Code of
Federal Regulations, title 42, section 442.401, as amended
through December 31, 1982, assigned by the commissioner. The
case manager shall consult with the client's physician or other
persons as necessary to make this evaluation. Other persons may
be invited to attend meetings of the screening team. No member
of the screening team shall have any direct or indirect service
provider interest in the case.
Subd. 8. [SCREENING TEAM DUTIES.] The screening team shall:
(a) review diagnostic data;
(b) review health, social, and developmental assessment
data using a uniform screening tool specified by the
commissioner;
(c) identify the level of services needed to maintain the
person in the most normal and least restrictive setting that is
consistent with treatment needs;
(d) identify other noninstitutional public assistance or
social service that may prevent or delay long-term residential
placement;
(e) determine whether a client is in serious need of
long-term residential care;
(f) make recommendations to the county agency regarding
placement and payment for: (1) social service or public
assistance support to maintain a client in the client's own home
or other place of residence; (2) training and habilitation
service, vocational rehabilitation, and employment training
activities; (3) community residential placement; (4) state
hospital placement; or (5) a home and community-based
alternative to community residential placement or state hospital
placement;
(g) make recommendations to a court as may be needed to
assist the court in making commitments of mentally retarded
persons; and
(h) inform clients that appeal may be made to the
commissioner pursuant to section 256.045.
Subd. 9. [REIMBURSEMENT.] Payment shall not be provided to
a service provider for any recipient placed in an intermediate
care facility for the mentally retarded persons with mental
retardation or related conditions prior to the recipient being
screened by the screening team. The commissioner shall not deny
reimbursement for: (a) an individual admitted to an
intermediate care facility for mentally retarded persons with
mental retardation or related conditions who is assessed to need
long-term supportive services, if long-term supportive services
other than intermediate care are not available in that
community; (b) any individual admitted to an intermediate care
facility for the mentally retarded persons with mental
retardation or related conditions under emergency circumstances;
(c) any eligible individual placed in the intermediate care
facility for the mentally retarded persons with mental
retardation or related conditions pending an appeal of the
screening team's decision; or (d) any medical assistance
recipient when, after full discussion of all appropriate
alternatives including those that are expected to be less costly
than intermediate care for mentally retarded persons with mental
retardation or related conditions, the individual or the
individual's legal representative insists on intermediate care
placement. The screening team shall provide documentation that
the most cost effective alternatives available were offered to
this individual or the individual's legal representative.
Sec. 56. Minnesota Statutes 1984, section 256B.36, is
amended to read:
256B.36 [PERSONAL ALLOWANCE, HANDICAPPED OR MENTALLY
RETARDED FOR CERTAIN RECIPIENTS OF MEDICAL ASSISTANCE.]
In addition to the personal allowance established in
section 256B.35, any handicapped or mentally retarded recipient
of medical assistance with a handicap, mental retardation, or a
related condition, confined in a skilled nursing home or
intermediate care facility shall also be permitted a special
personal allowance drawn solely from earnings from any
productive employment under an individual plan of
rehabilitation. This special personal allowance shall not
exceed (1) the limits set therefor by the commissioner, or (2)
the amount of disregarded income the individual would have
retained had he or she been a recipient of aid to the disabled
benefits in December, 1973, whichever amount is lower.
Sec. 57. Minnesota Statutes 1984, section 256B.501, is
amended to read:
256B.501 [RATES FOR COMMUNITY-BASED SERVICES FOR THE
MENTALLY RETARDED PERSONS WITH MENTAL RETARDATION OR RELATED
CONDITIONS.]
Subdivision 1. [DEFINITIONS.] For the purposes of this
section, the following terms have the meaning given them.
(a) "Commissioner" means the commissioner of human services.
(b) "Facility" means a facility licensed as a mental
retardation residential facility under section 252.28, licensed
as a supervised living facility under chapter 144, and certified
as an intermediate care facility for the mentally retarded
persons with mental retardation or related conditions.
(c) "Waivered service" means home or community-based
service authorized under United States Code, title 42, section
1396n(c), as amended through December 31, 1982, and defined in
the Minnesota state plan for the provision of medical assistance
services. Waivered services include, at a minimum, case
management, family training and support, developmental training
homes, supervised living arrangements, semi-independent living
services, respite care, and training and habilitation services.
(d) "Training and habilitation services" are those health
and social services needed to ensure optimal functioning of
persons who are mentally retarded or have with mental
retardation or related conditions. Training and habilitation
services shall be provided to a client away from the residence
unless medically contraindicated by an organization which does
not have a direct or indirect financial interest in the
organization which provides the person's residential services.
This requirement shall not apply to any developmental
achievement center which has applied for licensure prior to
April 15, 1983.
Subd. 2. [AUTHORITY.] The commissioner shall establish
procedures and rules for determining rates for care of residents
of intermediate care facilities for the mentally retarded
persons with mental retardation or related conditions which
qualify as vendors of medical assistance, waivered services, and
for provision of training and habilitation services. Approved
rates shall be established on the basis of methods and standards
that the commissioner finds adequate to provide for the costs
that must be incurred for the quality care of residents in
efficiently and economically operated facilities and services.
The procedures shall specify the costs that are allowable for
payment through medical assistance. The commissioner may use
experts from outside the department in the establishment of the
procedures.
Subd. 3. [RATES FOR INTERMEDIATE CARE FACILITIES FOR THE
MENTALLY RETARDED PERSONS WITH MENTAL RETARDATION OR RELATED
CONDITIONS.] The commissioner shall establish, by rule,
procedures for determining rates for care of residents of
intermediate care facilities for the mentally retarded persons
with mental retardation or related conditions. The procedures
shall be based on methods and standards that the commissioner
finds are adequate to provide for the costs that must be
incurred for the care of residents in efficiently and
economically operated facilities. In developing the procedures,
the commissioner shall include:
(a) cost containment measures that assure efficient and
prudent management of capital assets and operating cost
increases which do not exceed increases in other sections of the
economy;
(b) limits on the amounts of reimbursement for property,
general and administration, and new facilities;
(c) requirements to ensure that the accounting practices of
the facilities conform to generally accepted accounting
principles; and
(d) incentives to reward accumulation of equity.
In establishing rules and procedures for setting rates for
care of residents in intermediate care facilities for mentally
retarded persons with mental retardation or related conditions,
the commissioner shall consider the recommendations contained in
the February 11, 1983, Report of the Legislative Auditor on
Community Residential Programs for the Mentally Retarded and the
recommendations contained in the 1982 Report of the Department
of Public Welfare Rule 52 Task Force. Rates paid to supervised
living facilities for rate years beginning during the fiscal
biennium ending June 30, 1985, shall not exceed the final rate
allowed the facility for the previous rate year by more than
five percent.
Subd. 4. [WAIVERED SERVICES.] In establishing rates for
waivered services the commissioner shall consider the need for
flexibility in the provision of those services to meet
individual needs identified by the screening team.
Subd. 5. [TRAINING AND HABILITATION SERVICES.] (a) Except
as provided in subdivision 6, rates for reimbursement under
medical assistance for training and habilitation services
provided by a developmental achievement center either as a
waivered service or to residents of an intermediate care
facility for mentally retarded persons with mental retardation
or related conditions shall be established and paid in
accordance with this subdivision effective January 1, 1984.
(b) Prior to August 1, 1983, the county board shall submit
to the commissioner its contractual per diem rate and its
maximum per client annual payment limitations, if any, for each
developmental achievement center it administers pursuant to
section 252.24, subdivision 1, for the period from July 1, 1983,
through December 31, 1983, which shall be the medical assistance
reimbursement rate established for that developmental
achievement center for 1983. If the county rate is based on
average daily attendance which is less than 93 percent of the
developmental achievement center's average enrollment for the
period from July 1, 1983, to December 31, 1983, the commissioner
shall adjust that rate based on 93 percent average daily
attendance.
(c) The base per diem reimbursement rate established for
1983 may be increased by the commissioner in 1984 in an amount
up to the projected percentage change in the average value of
the consumer price index (all urban) for 1984 over 1983. In
subsequent years, the increase in the per diem rate shall not
exceed the projected percentage change in the average annual
value of the consumer price index (all urban) for the same time
period.
(d) The county board in which an intermediate care facility
for mentally retarded persons with mental retardation or related
conditions is located shall contract annually with that facility
and with the appropriate developmental achievement center or
training and habilitation service provider for provision of
training and habilitation services for each resident of the
facility for whom the services are required by the resident's
individual service plan. This contract shall specify the county
payment rate or the medical assistance reimbursement rate, as
appropriate; the training and habilitation services to be
provided; and the performance standards for program provision
and evaluation. A similar contract shall be entered into
between the county and the developmental achievement center for
persons receiving training and habilitation services from that
center as a waivered service.
(e) The commissioner shall reimburse under medical
assistance up to 210 days of training and habilitation services
at developmental achievement centers for those centers which
provided less than or equal to 210 days of training and
habilitation services in calendar year 1982. For developmental
achievement centers providing more than 210 days of services in
1982, the commissioner shall not reimburse under medical
assistance in excess of the number of days provided by those
programs in 1982.
(f) Medical assistance payments for training and
habilitation services shall be made directly to the training and
habilitation provider after submission of invoices to the
medical assistance program following procedures established by
the medical assistance program.
(g) Nothing in this subdivision shall prohibit county
boards from contracting for rates for services not reimbursed
under medical assistance.
Subd. 6. [NEW DEVELOPMENTAL ACHIEVEMENT PROGRAMS; RATES.]
The commissioner, upon the recommendation of the local county
board, shall determine the medical assistance reimbursement rate
for new developmental achievement programs. The payment rate
shall not exceed 125 percent of the average payment rate in the
region.
Subd. 7. [ALTERNATIVE RATES FOR TRAINING AND HABILITATION
SERVICES.] Alternative methods may be proposed by the counties
or the commissioner for provision of training and habilitation
services during daytime hours apart from a residential facility
to persons for whom needs identified in their individual service
plan are not met by the training and habilitation services
provided at a developmental achievement center. The
commissioner shall establish procedures for approval of the
proposals and for medical assistance payment of rates which
shall not exceed the average rate allowed in that county for
training and habilitation services pursuant to subdivision 5.
Nothing in this subdivision prohibits a county from contracting
with a developmental achievement center for those purposes.
Subd. 8. [PAYMENT FOR PERSONS WITH SPECIAL NEEDS.] The
commissioner shall establish by December 31, 1983, procedures to
be followed by the counties to seek authorization from the
commissioner for medical assistance reimbursement for waivered
services or training and habilitation services for very
dependent persons with special needs in an amount in excess of
the rates allowed pursuant to subdivisions 2, 4, 5, and 6, and
procedures to be followed for rate limitation exemptions for
intermediate care facilities for mentally retarded persons with
mental retardation or related conditions. No excess payment or
limitation exemption shall be authorized unless the need for the
service is documented in the individual service plan of the
person or persons to be served, the type and duration of the
services needed are stated, and there is a basis for estimated
cost of the services.
The commissioner shall evaluate the services provided
pursuant to this subdivision through program and fiscal audits.
Subd. 9. [REPORTING REQUIREMENTS.] The developmental
achievement center shall submit to the county and the
commissioner no later than March 1 of each year an annual report
which includes the actual program revenues and expenditures,
client information, and program information. The information
shall be submitted on forms prescribed by the commissioner.
Subd. 10. [RULES.] To implement this section, the
commissioner shall promulgate emergency and permanent rules in
accordance with chapter 14. To implement subdivision 3, the
commissioner shall promulgate emergency rules and permanent
rules in accordance with sections 14.01 to 14.38.
Notwithstanding the provisions of section 14.35, the emergency
rule promulgated to implement subdivision 3 shall be effective
for up to 720 days.
Sec. 58. Minnesota Statutes 1984, section 256E.03,
subdivision 2, is amended to read:
Subd. 2. "Community social services" means services
provided or arranged for by county boards to fulfill the
responsibilities prescribed in section 256E.08, subdivision 1 to
the following groups of persons:
(a) Families with children under age 18, who are
experiencing child dependency, neglect or abuse, and also
pregnant adolescents, adolescent parents under the age of 18,
and their children;
(b) Persons who are under the guardianship of the
commissioner of human services as dependent and neglected wards;
(c) Adults who are in need of protection and vulnerable as
defined in section 626.557;
(d) Persons age 60 and over who are experiencing difficulty
living independently and are unable to provide for their own
needs;
(e) Emotionally disturbed children and adolescents,
chronically and acutely mentally ill persons who are unable to
provide for their own needs or to independently engage in
ordinary community activities;
(f) Mentally retarded persons Persons with mental
retardation as defined in section 252A.02, subdivision 2, or
with related conditions as defined in section 252.27,
subdivision 1, who are unable to provide for their own needs or
to independently engage in ordinary community activities;
(g) Drug dependent and intoxicated persons as defined in
section 254A.02, subdivisions 5 and 7, and persons at risk of
harm to self or others due to the ingestion of alcohol or other
drugs;
(h) Parents whose income is at or below 70 percent of the
state median income and who are in need of child care services
in order to secure or retain employment or to obtain the
training or education necessary to secure employment; and
(i) Other groups of persons who, in the judgment of the
county board, are in need of social services.
Community social services do not include public assistance
programs known as aid to families with dependent children,
Minnesota supplemental aid, medical assistance, general
assistance, general assistance medical care, or community health
services authorized by sections 145.911 to 145.922.
Sec. 59. Minnesota Statutes 1984, section 256E.06,
subdivision 2a, is amended to read:
Subd. 2a. [STATE TRANSFER OF FUNDS.] Notwithstanding
subdivisions 1 and 2, for the purpose of funding training and
habilitation services provided to residents of intermediate care
facilities for mentally retarded persons with mental retardation
or related conditions as defined in section 252.27, subdivision
1, as required under federal regulation, the commissioner is
authorized to transfer on a quarterly basis to the medical
assistance state account from each county's Community Social
Services Act allocation an amount equal to the state share of
medical assistance reimbursement for such services provided to
clients for whom the county is financially responsible. Upon
federal approval and state implementation of the state medical
assistance plan, county boards will not be responsible for the
funding of training and habilitation services as a social
service to residents of intermediate care facilities for the
mentally retarded persons with mental retardation or related
conditions. County board responsibility for training and
habilitation services shall be assumed under section 256B.20.
County boards continue to be responsible for funding
developmental achievement center services not covered under the
medical assistance program established by United States Code,
title 42, sections 1396 to 1396p, as amended through December
31, 1982, and shall develop contractual agreements for these
services under the authority of this chapter.
Sec. 60. Minnesota Statutes 1984, section 260.092, is
amended to read:
260.092 [EXPERT ASSISTANCE.]
In any county the court may provide for the physical and
mental diagnosis of cases of minors who are believed to be
physically or mentally diseased or defective handicapped,
mentally ill, or mentally retarded, and for such purpose may
appoint professionally qualified persons, whose compensation
shall be fixed by the judge with the approval of the county
board.
Sec. 61. Minnesota Statutes 1984, section 260.36, is
amended to read:
260.36 [SPECIAL PROVISIONS IN CERTAIN CASES.]
When the commissioner of human services shall find that a
child transferred to his guardianship after parental rights to
the child are terminated or that a child committed to his
guardianship as a dependent or neglected child is handicapped
physically or whose mentality has not been satisfactorily
determined or who is affected by habits, ailments, or handicaps
that produce erratic and unstable conduct, and is not suitable
or desirable for placement in a home for permanent care or
adoption, the commissioner of human services shall make special
provision for his care and treatment designed to fit him, if
possible, for such placement or to become self-supporting. The
facilities of the commissioner of human services and all state
institutions treatment facilities, the Minnesota general
hospital, and the child guidance clinic of its psychopathic
department, as well as the facilities available through
reputable clinics, private child-caring agencies, and foster
boarding homes, accredited as provided by law, may be used as
the particular needs of the child may demand. When it appears
that the child is suitable for permanent placement or adoption,
the commissioner of human services shall cause him to be placed
as provided in section 260.35. If the commissioner of human
services is satisfied that the child is feebleminded mentally
retarded he may bring him before the probate court of the county
where he is found or the county of his legal settlement for
examination and commitment as provided by law.
Sec. 62. Minnesota Statutes 1984, section 284.05, is
amended to read:
284.05 [WHEN DEFENDANT A MINOR, WARD, OR INSANE MENTALLY
ILL.]
If any defendant in any action mentioned in sections 284.01
to 284.04 was the owner of record of any of the lands involved
in any such action during the period of three years next after
the sale thereof for nonpayment of taxes, and was a minor, an
insane person, an idiot a person with mental illness or mental
retardation, or person in captivity or in any country with which
the United States was at war, and the period of redemption from
such sale by such person has not expired, the court shall
dismiss such action as to such person.
Sec. 63. Minnesota Statutes 1984, section 299F.77, is
amended to read:
299F.77 [ISSUANCE OF A LICENSE OR PERMIT TO CERTAIN PERSONS
PROHIBITED.]
The following persons shall not be entitled to receive an
explosives license or permit:
(a) Any person who within the past five years has been
convicted of a felony or gross misdemeanor involving moral
turpitude, is on parole or probation therefor, or is currently
under indictment for any such crime;
(b) Any mentally ill person or any mentally deficient
person with mental illness or mental retardation as defined in
section 253A.02 who has been confined or committed in Minnesota
or elsewhere for a mental disorder or defect illness or mental
retardation to any hospital, mental institution or sanitarium,
or who has been certified by a medical doctor as being mentally
ill or mentally deficient retarded, unless he possesses a
certificate of a medical doctor or psychiatrist licensed to
practice in this state, or other satisfactory proof, that he is
no longer suffering from has this disability;
(c) Any person who is or has been hospitalized or committed
for treatment for the habitual use of a narcotic drug, as
defined in section 152.01, subdivision 10 or a controlled
substance, as defined in section 152.01, subdivision 4, or who
has been certified by a medical doctor as being addicted to
narcotic drugs or depressant or stimulant drugs, unless he
possesses a certificate of a medical doctor or psychiatrist
licensed to practice in this state, or other satisfactory proof,
that he is no longer suffering from has this disability;
(d) Any person who by reason of the habitual and excessive
use of intoxicating liquors is incapable of managing himself or
his affairs and who has been confined or committed to any
hospital, mental institution or sanitarium treatment facility in
this state or elsewhere as an "inebriate chemically dependent
person" as defined in section 253A.02 253B.02, or who has been
certified by a medical doctor as being addicted to alcohol,
unless he possesses a certificate of a medical doctor or
psychiatrist licensed to practice in this state, or other
satisfactory proof, that he is no longer suffering from has this
disability;
(e) Any person under the age of 18 years.
Sec. 64. Minnesota Statutes 1984, section 447.42, is
amended to read:
447.42 [ESTABLISHMENT AND OPERATION OF COMMUNITY
RESIDENTIAL FACILITIES FOR RETARDED AND CEREBRAL PALSIED PERSONS
WITH MENTAL RETARDATION OR RELATED CONDITIONS.]
Subdivision 1. Notwithstanding any provision of Minnesota
Statutes to the contrary, any city, county, town, or any
nonprofit corporation approved by the commissioner of human
services, or any combination thereof may establish and operate a
community residential facility for mentally retarded and
cerebral palsied persons with mental retardation or related
conditions, as defined in section 252.27, subdivision 1.
Subd. 2. Community residential facilities established
under this section may be administered by a nonprofit
corporation, by the political subdivision establishing same or
by a community mental health-mental retardation board organized
under sections 245.66 and 245.67.
Subd. 3. The premises and facilities for any community
residential facility may be acquired by purchase, lease or gift
and may be established and operated in connection with existing
public and private facilities and institutions.
Subd. 4. Any political subdivision, as described in
subdivision 1, may use unexpended funds, accept gifts, grants
and subsidies from any lawful source, or make application for
federal funds and may use such moneys or grant or loan such
moneys to any nonprofit corporation approved by the commissioner
of human services for the establishment and operation of a
community residential facility.
Subd. 5. Any community residential facility established
and operated pursuant to this section shall meet all applicable
licensure standards established by the commissioners of health
and human services.
Sec. 65. Minnesota Statutes 1984, section 447.45, is
amended to read:
447.45 [HOSPITALS AND NURSING HOMES, FACILITIES FOR
MENTALLY RETARDED PERSONS WITH MENTAL RETARDATION OR RELATED
CONDITIONS; FINANCING AND LEASING.]
Subdivision 1. Any county, city, or hospital district,
except cities of the first class and counties in which are
located any cities of the first class, is authorized, in
addition to and not in substitution for any other power granted
to it by law, to issue revenue bonds by resolution or
resolutions of its governing body to finance the acquisition and
betterment of hospital, nursing home and related medical
facilities, or any of them, including but without limitation the
payment of interest during construction and for a reasonable
period thereafter and the establishment of reserves for bond
payment and for working capital, and, in connection with the
acquisition of any existing hospital or nursing home facilities,
to retire outstanding indebtedness incurred to finance the
construction of the existing facilities.
Subd. 2. Any county or city, including cities of the first
class and counties in which are located any cities of the first
class, is authorized to exercise with respect to facilities,
including health care facilities, for the care, treatment and
training of the mentally retarded and persons with cerebral
palsy persons with mental retardation or related conditions, as
defined in section 252.27, subdivision 1, all of the powers
conferred by sections 447.45 to 447.50 with the same force and
effect as if these facilities were hospital or nursing home
facilities within the meaning of sections 447.45 to 447.50.
Sec. 66. Minnesota Statutes 1984, section 501.27, is
amended to read:
501.27 [INCOMPETENTS LEGAL INCOMPETENCE; NOTICE; SERVICE;
GUARDIAN AD LITEM.]
In case any person, whose name is set out in such petition,
is a minor, lunatic mentally ill, idiot mentally retarded, or
person of unsound mind, or an habitual drunkard chemically
dependent, or spendthrift a person who has difficulty managing
money, such notice of hearing shall be served upon the duly
appointed guardian, conservator, committee, or other legal
representative, of such person, if any. If there be none, then
the court in which such proceedings are pending shall appoint a
guardian ad litem to such person and may compel the person so
appointed to act. In such case, service of such notice of
hearing shall be had by service on such guardian ad litem.
Sec. 67. Minnesota Statutes 1984, section 517.03, is
amended to read:
517.03 [PROHIBITED MARRIAGES.]
The following marriages are prohibited:
(a) A marriage entered into before the dissolution of an
earlier marriage of one of the parties becomes final, as
provided in section 518.145 or by the law of the jurisdiction
where the dissolution was granted;
(b) A marriage between an ancestor and a descendant, or
between a brother and a sister, whether the relationship is by
the half or the whole blood or by adoption;
(c) A marriage between an uncle and a niece, between an
aunt and a nephew, or between first cousins, whether the
relationship is by the half or the whole blood, except as to
marriages permitted by the established customs of aboriginal
cultures;
provided, however, that mentally deficient retarded persons
committed to the guardianship of the commissioner of human
services and mentally deficient retarded persons committed to
the conservatorship of the commissioner of human services in
which the terms of the conservatorship limit the right to marry,
may marry on receipt of written consent of the commissioner.
The commissioner shall grant consent unless it appears from his
investigation that the marriage is not in the best interest of
the ward or conservatee and the public. The clerk of the
district court in the county where the application for a license
is made by the ward or conservatee shall not issue the license
unless he has received a signed copy of the consent of the
commissioner of human services.
Approved April 16, 1985
Official Publication of the State of Minnesota
Revisor of Statutes