Minnesota Session Laws - 1990, Regular Session

  

                         Laws of Minnesota 1990 

                        CHAPTER 398-S.F.No. 2370 
           An act relating to human services; revising and 
          clarifying the duties and powers of the ombudsman for 
          mental health and mental retardation; amending 
          Minnesota Statutes 1989 Supplement, section 245.94, 
          subdivision 1. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1989 Supplement, section 
245.94, subdivision 1, is amended to read: 
    Subdivision 1.  [POWERS.] (a) The ombudsman may prescribe 
the methods by which complaints to the office are to be made, 
reviewed, and acted upon.  The ombudsman may not levy a 
complaint fee. 
    (b) The ombudsman may mediate or advocate on behalf of a 
client.  
    (c) The ombudsman may investigate the quality of services 
provided to clients and determine the extent to which quality 
assurance mechanisms within state and county government work to 
promote the health, safety, and welfare of clients, other than 
clients in acute care facilities who are receiving services not 
paid for by public funds. 
    (d) At the request of a client, or upon receiving a 
complaint or other information affording reasonable grounds to 
believe that the rights of a client who is not capable of 
requesting assistance have been adversely affected, the 
ombudsman may gather information about and analyze, on behalf of 
the client, the actions of an agency, facility, or program. 
    (e) The ombudsman may examine, on behalf of a client, 
records of an agency, facility, or program if the records relate 
to a matter that is within the scope of the ombudsman's 
authority.  If the records are private and the client is capable 
of providing consent, the ombudsman shall first obtain the 
client's consent.  The ombudsman is not required to obtain 
consent for access to private data on clients with mental 
retardation or a related condition.  The ombudsman is not 
required to obtain consent for access to private data on 
decedents who were receiving services for mental illness, mental 
retardation or a related condition, or emotional disturbance. 
     (f) The ombudsman may subpoena a person to appear, give 
testimony, or produce documents or other evidence that the 
ombudsman considers relevant to a matter under inquiry.  The 
ombudsman may petition the appropriate court to enforce the 
subpoena.  A witness who is at a hearing or is part of an 
investigation possesses the same privileges that a witness 
possesses in the courts or under the law of this state.  Data 
obtained from a person under this paragraph are private data as 
defined in section 13.02, subdivision 12. 
     (g) The ombudsman may, at reasonable times in the course of 
conducting a review, enter and view premises within the control 
of an agency, facility, or program.  
     (h) The ombudsman may attend department of human services 
review board and special review board proceedings; proceedings 
regarding the transfer of patients or residents, as defined in 
section 246.50, subdivisions 4 and 4a, between institutions 
operated by the department of human services; and, subject to 
the consent of the affected client, other proceedings affecting 
the rights of clients.  The ombudsman is not required to obtain 
consent to attend meetings or proceedings and have access to 
private data on clients with mental retardation or a related 
condition. 
     (i) The ombudsman shall have access to data of agencies, 
facilities, or programs classified as private or confidential as 
defined in section 13.02, subdivisions 3 and 12, regarding 
services provided to clients with mental retardation or a 
related condition. 
     (j) To avoid duplication and preserve evidence, the 
ombudsman shall inform relevant licensing or regulatory 
officials before undertaking a review of an action of the 
facility or program. 
     (k) Sections 245.91 to 245.97 are in addition to other 
provisions of law under which any other remedy or right is 
provided. 
    Presented to the governor April 2, 1990 
    Signed by the governor April 5, 1990, 3:45 p.m.