Minnesota Session Laws - 2021, Regular Session

CHAPTER 20--S.F.No. 443

An act

relating to public safety; requiring disclosure of a person's status as a registered predatory offender to a hospice provider;

amending Minnesota Statutes 2020, section 243.166, subdivision 4b.

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

Section 1.

Minnesota Statutes 2020, section 243.166, subdivision 4b, is amended to read:

Subd. 4b.

Health care facility; notice of status.

(a) For the purposes of this subdivision:

(1) "health care facility" means a facility:

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

(ii) registered by the commissioner of health as a housing with services establishment as defined in section 144D.01; or

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

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

new text begin (3) "hospice provider" has the meaning given in section 144A.75. new text end

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

(1) the health care facility employee or the home care provider new text begin or hospice provider new text end processing the admission the person's status as a registered predatory offender under this section; and

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

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

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

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

Presented to the governor May 21, 2021

Signed by the governor May 25, 2021, 8:19 a.m.