HF 2253

as introduced - 87th Legislature (2011 - 2012) Posted on 03/26/2012 04:23pm

A bill for an act
relating to human services; allowing out-of-state residential mental health
treatment for certain children; amending Minnesota Statutes 2010, section
256B.0945, subdivision 1.

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

Section 1.

Minnesota Statutes 2010, section 256B.0945, subdivision 1, is amended to
read:

Subdivision 1.

Residential services; provider qualifications.

new text begin (a) new text end Counties must
arrange to provide residential services for children with severe emotional disturbance
according to sections 245.4882, 245.4885, and this section.

new text begin (b) new text end Services must be provided by a facility that is licensed according to section
245.4882 and administrative rules promulgated thereunder, and under contract with the
county.

new text begin (c) new text end Eligible service costs may be claimed for a facility that is located in a state
that borders Minnesota if:

(1) the facility is the closest facility to the child's home, providing the appropriate
level of care; and

(2) the commissioner of human services has completed an inspection of the
out-of-state program according to the interagency agreement with the commissioner of
corrections under section 260B.198, subdivision 11, paragraph (b), and the program has
been certified by the commissioner of corrections under section 260B.198, subdivision
11, paragraph (a), to substantially meet the standards applicable to children's residential
mental health treatment programs under Minnesota Rules, chapter 2960. Nothing in
this section requires the commissioner of human services to enforce the background
study requirements under chapter 245C or the requirements related to prevention and
investigation of alleged maltreatment under section 626.556 or 626.557. Complaints
received by the commissioner of human services must be referred to the out-of-state
licensing authority for possible follow-up.

new text begin (d) Notwithstanding paragraph (b), eligible service costs may be claimed for an
out-of-state inpatient treatment facility if:
new text end

new text begin (1) the facility specializes in providing mental health services to children who are
deaf, deafblind, or hard-of-hearing and who use American Sign Language as their first
language;
new text end

new text begin (2) the facility is licensed by the state in which it is located; and
new text end

new text begin (3) the state in which the facility is located is a member state of the Interstate
Compact on Mental Health.
new text end