1997 Minnesota Statutes

CHAPTER 246. Public institutions

     246.01 Powers and duties. 

    The commissioner of human services is hereby specifically 
 constituted the guardian of both the estate and person of all 
 persons 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 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 is hereby charged with and shall have the 
 exclusive power of administration and management of all of the 
 following state institutions:  state hospitals for persons with 
 mental retardation, mental illness, or chemical dependency.  The 
 commissioner 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 the commissioner.  It is intended that there be 
 vested in the commissioner all of the powers, functions, and 
 authority heretofore vested in the state board of control 
 relative to such state institutions.  The commissioner 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 residents of the public institutions 
 under the commissioner's control, and all money 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 these duties, the 
 commissioner of human services shall accept from wards with 
 mental retardation for whom the commissioner is specifically 
 appointed guardian a signed application for consent to the 
 marriage of said ward.  Upon receipt of such application the 
 commissioner shall promptly conduct such investigation as the 
 commissioner 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 court administrator 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. 

    HIST: (3199-103) 1939 c 431 art 7 s 3; 1943 c 570 s 2; 1943 c 
 612 s 3; 1947 c 211 s 1; 1949 c 512 s 7; 1949 c 561 s 1; 1951 c 
 713 s 23; 1953 c 562 s 1; 1957 c 287 s 3; 1959 c 158 s 16; 1959 
 c 638 s 2; 1965 c 45 s 18; 1973 c 540 s 3; 1976 c 271 s 76; 1979 
 c 102 s 13; 1983 c 10 s 1; 1984 c 654 art 5 s 58; 1985 c 21 s 7; 
 1986 c 444; 1Sp1986 c 3 art 1 s 82 

     246.012 Measure of service.  

    The measure of services hereinafter set forth are 
 established and prescribed as the goal of the state of 
 Minnesota, in its care and treatment of the mentally ill people 
 of the state.  

    HIST: 1949 c 512 s 1 

     246.013 Persons with mental illness; care, treatment. 

    Within the limits of the appropriations for the 
 commissioner of human services, the commissioner is directed, in 
 the performance of the duties imposed by the laws of this state, 
 to bring to the measure prescribed by section 246.012, the care 
 and treatment of 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 persons with mental 
 illness.  

    HIST: 1949 c 512 s 2; 1953 c 724 s 1; 1967 c 839 s 3; 1984 c 
 654 art 5 s 58; 1985 c 21 s 8; 1986 c 444 

     246.0135 Operation of regional treatment centers. 

    (a) The commissioner of human services is prohibited from 
 closing any regional treatment center or state-operated nursing 
 home or any program at any of the regional treatment centers or 
 state-operated nursing homes, without specific legislative 
 authorization.  For persons with mental retardation or related 
 conditions who move from one regional treatment center to 
 another regional treatment center, the provisions of section 
 256B.092, subdivision 10, must be followed for both the 
 discharge from one regional treatment center and admission to 
 another regional treatment center, except that the move is not 
 subject to the consensus requirement of section 256B.092, 
 subdivision 10, paragraph (b). 

    (b) Prior to closing or downsizing a regional treatment 
 center, the commissioner of human services shall be responsible 
 for assuring that community-based alternatives developed in 
 response are adequate to meet the program needs identified by 
 each county within the catchment area and do not require 
 additional local county property tax expenditures. 

    (c) The nonfederal share of the cost of alternative 
 treatment or care developed as the result of the closure of a 
 regional treatment center, including costs associated with 
 fulfillment of responsibilities under chapter 253B shall be paid 
 from state funds appropriated for purposes specified in section 
 246.013. 

    (d) Counties in the catchment area of a regional treatment 
 center which has been closed or downsized may not at any time be 
 required to pay a greater cost of care for alternative care and 
 treatment than the county share set by the commissioner for the 
 cost of care provided by regional treatment centers. 

    (e) The commissioner may not divert state funds used for 
 providing for care or treatment of persons residing in a 
 regional treatment center for purposes unrelated to the care and 
 treatment of such persons. 

    HIST: 1992 c 513 art 9 s 18; 1Sp1993 c 1 art 7 s 24 

     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 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 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 the commissioner 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 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 have sexual 
 psychopathic personalities or are sexually dangerous persons as 
 defined in chapter 253B.  

    (9) The commissioner of human services shall establish a 
 program of detection, diagnosis and treatment of 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 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 
 state hospitals to members of the 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 members of the clergy and 
 other spiritual leaders in making said patients and residents 
 available for religious and spiritual counsel, and shall provide 
 such members of the 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 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. 

    HIST: 1949 c 512 s 3; 1953 c 561 s 1; 1967 c 839 s 4; 1973 c 
 507 s 45; 1980 c 357 s 16; 1980 c 614 s 126; 1980 c 617 s 47; 
 1984 c 654 art 5 s 58; 1985 c 21 s 9; 1986 c 444; 1Sp1994 c 1 
 art 2 s 23 

     246.015 Consultative services; aftercare of patients; 
  public information; funds. 

    Subdivision 1.  Repealed, 1953 c 608 s 1 

    Subd. 2.  Repealed, 1953 c 608 s 1 

    Subd. 3.  Within the limits of the appropriations 
 available, the commissioner of human services may provide 
 consultative services for courts, and state welfare agencies, 
 supervise the placement and aftercare of patients provisionally 
 or otherwise discharged from a state hospital or institution, 
 promote and conduct programs of education for the people of the 
 state relating to the problem of mental health and mental 
 hygiene.  The commissioner shall administer, expend and 
 distribute federal funds which may be made available to the 
 state and funds other than those appropriated by the 
 legislature, which may be made available to the state for mental 
 health and mental hygiene purposes. 

    HIST: 1949 c 512 s 4; 1953 c 608 s 1,2; 1984 c 654 art 5 s 58; 
 1986 c 444 

     246.016 Office of commissioner of mental health and 
  mental hospitals abolished.  

    The office of the commissioner of mental health and mental 
 hospitals is hereby abolished.  

    HIST: 1953 c 608 s 1 

     246.017 Medical record; policy; medical director. 

    Subdivision 1.    System of records and statistics.  
 The commissioner of human services shall cause to be devised, 
 installed and operated an adequate system of records and 
 statistics which shall consist of all basic record forms 
 including patient personal records and medical record forms and 
 the manner of their use shall be precisely uniform throughout 
 all hospitals for the mentally ill.  

    Subd. 2.    Medical director.  The commissioner of human 
 services shall appoint, and unless otherwise established by law, 
 set the salary of a licensed physician to serve as medical 
 director to assist in establishing and maintaining the medical 
 policies of the department of human services.  The commissioner 
 may place the medical director's position in the unclassified 
 service if the position meets the criteria of section 43A.08, 
 subdivision 1a.  

    HIST: 1953 c 608 s 3,4; 1955 c 528 s 1; 1971 c 148 s 1; 1982 c 
 560 s 52; 1983 c 260 s 53; 1984 c 654 art 5 s 58; 1986 c 444; 
 1993 c 337 s 12 

     246.018 Office of medical director. 

    Subdivision 1.    Established.  The office of medical 
 director within the department of human services is established. 

    Subd. 2.    Medical director.  The commissioner of human 
 services shall appoint a medical director.  The medical director 
 must be a psychiatrist certified by the board of psychiatry. 

    Subd. 3.    Duties.  The medical director shall: 

    (1) oversee the clinical provision of inpatient mental 
 health services provided in the state's regional treatment 
 centers; 

    (2) recruit and retain psychiatrists to serve on the state 
 medical staff established in subdivision 4; 

    (3) consult with the commissioner of human services, the 
 assistant commissioner of mental health, community mental health 
 center directors, and the regional treatment center governing 
 bodies to develop standards for treatment and care of patients 
 in regional treatment centers and outpatient programs; 

    (4) develop and oversee a continuing education program for 
 members of the regional treatment center medical staff; 

    (5) consult with the commissioner on the appointment of the 
 chief executive officers for regional treatment centers; and 

    (6) participate and cooperate in the development and 
 maintenance of a quality assurance program for regional 
 treatment centers that assures that residents receive quality 
 inpatient care and continuous quality care once they are 
 discharged or transferred to an outpatient setting. 

    Subd. 4.    Regional treatment center medical staff.  (a)
 The commissioner of human services shall establish a regional 
 treatment center medical staff which shall be under the clinical 
 direction of the office of medical director. 

    (b) The medical director, in conjunction with the regional 
 treatment center medical staff, shall: 

    (1) establish standards and define qualifications for 
 physicians who care for residents in regional treatment centers; 

    (2) monitor the performance of physicians who care for 
 residents in regional treatment centers; and 

    (3) recommend to the commissioner changes in procedures for 
 operating regional treatment centers that are needed to improve 
 the provision of medical care in those facilities. 

    HIST: 1989 c 282 art 4 s 62 

     246.02 Executive officers. 

    Subdivision 1.  The commissioner of human services shall 
 appoint a chief executive officer for each institution under 
 exclusive control of the commissioner and may remove a chief 
 executive officer for misconduct, incompetency, or neglect of 
 official duty.  No such removal shall be made except upon 
 written charges and opportunity to be heard.  Every such 
 executive officer shall have the qualifications and perform the 
 duties now or hereafter required by law, or by rules prescribed 
 by the commissioner of human services.  The commissioner may 
 appoint an acting chief executive officer during such interim 
 period as is necessary to select and appoint a chief executive 
 officer.  In case of an apparent conflict between the powers 
 conferred by law upon any executive officer of a state 
 institution and those conferred by this chapter upon the 
 commissioner of human services, it shall be conclusively 
 presumed that the power belongs to the latter.  When a chief 
 executive officer is required to live on the institution 
 grounds, the chief executive officer is entitled to residence 
 and maintenance in addition to salary. 

    Subd. 2.  The commissioner of human services shall act with 
 the advice of the medical policy directional committee on mental 
 health in the appointment and removal of the chief executive 
 officers of the following institutions:  Anoka-Metro Regional 
 Treatment Center, Ah-Gwah-Ching Center, Fergus Falls Regional 
 Treatment Center, St. Peter Regional Treatment Center and 
 Minnesota Security Hospital, Willmar Regional Treatment Center, 
 Cambridge Regional Human Services Center, Brainerd Regional 
 Human Services Center, Minnesota Sexual Psychopathic Personality 
 Treatment Center and until June 30, 1998, Faribault Regional 
 Center. 

    Subd. 3.  Repealed, 1973 c 540 s 5 

    Subd. 4.  Within the limits of appropriations available and 
 with the advice of the medical policy directional committee, the 
 commissioner shall set the salary of the individual officers 
 named in subdivision 2 according to standards of training and 
 experience established by the commissioner.  The commissioner 
 may not reduce the salary of any officers incumbent at the time 
 of the passage of this subdivision.  In addition to salary, each 
 officer named in subdivision 2 is entitled to reimbursement for 
 all expenses necessarily incurred in the performance of duties. 

    HIST: (4405) RL s 1865; 1953 c 344 s 1; 1955 c 746 s 1; 1957 c 
 19 s 2; 1967 c 6 s 2; 1976 c 163 s 45,46; 1976 c 239 s 77; 1977 
 c 347 s 37; 1978 c 554 s 2; 1984 c 654 art 5 s 58; 1986 c 444; 
 1987 c 384 art 1 s 49; 1991 c 292 art 6 s 58 subd 3; 1Sp1993 c 1 
 art 7 s 25; 1Sp1994 c 1 art 2 s 24; 1997 c 203 art 7 s 5 

     246.022 State hospital planning committees. 

    Subdivision 1.    Appointment.  The commissioner may 
 appoint for each state hospital a hospital planning committee 
 that includes, but is not limited to, the chief executive 
 officer of each state institution appointed pursuant to section 
 246.02, representatives of the professional staff and human 
 services technicians and of other staff as the chief executive 
 officer deems appropriate, representatives of the patients 
 served in the institution, and representatives of the counties 
 served by the institution.  

    Subd. 2.    Duties of committee.  The hospital planning 
 committee of each state institution may present recommendations 
 on such matters as:  

    (a) Setting measurable goals and objectives for the 
 management and service programs of the institution; 

    (b) Identifying the capital, staff and financial resources 
 needed to attain the goals and objectives established; and 

    (c) Adopting a method, approved by the commissioner, 
 whereby the degree of attainment of the established goals and 
 objectives may be evaluated.  

    Subd. 3.    Commissioner's responsibility.  Within the 
 appropriations available, the commissioner of human services 
 shall provide technical assistance to each hospital planning 
 committee in the performance of its duties.  

    Subd. 4.    Biennial plan.  Each hospital planning 
 committee shall submit to the commissioner a biennial report to 
 be included in the report to the governor and legislature 
 prepared pursuant to section 246.06.  The commissioner shall 
 establish schedules for submission of hospital planning 
 committee plans so that each plan is substantially reflected in 
 the biennial estimates prepared pursuant to section 246.12.  

    HIST: 1980 c 614 s 127; 1984 c 654 art 5 s 58 

     246.023 Interagency committee. 

    Subdivision 1.    Legislative policy.  It is recognized 
 that closure and consolidation of regional treatment centers 
 have negative economic effects upon public employees and 
 communities.  It is the policy of the state that 
 deinstitutionalization policies shall be carried out in a manner 
 that ensures fair and equitable arrangements to protect the 
 interests of employees and communities affected by 
 deinstitutionalization.  

    Subd. 2. Repealed, 1988 c 689 art 2 s 269 

    Subd. 3. Repealed, 1988 c 689 art 2 s 269 

    Subd. 4. Repealed, 1988 c 689 art 2 s 269 

    Subd. 5. Repealed, 1988 c 689 art 2 s 269 

    HIST: 1984 c 654 art 5 s 19,58; 1Sp1985 c 14 art 9 s 75; 1988 
 c 689 art 2 s 108; 1991 c 292 art 7 s 25 

  246.025 Repealed, 1965 c 45 s 73 

     246.0251 Hospital administrator.  

    Notwithstanding any provision of law to the contrary, the 
 commissioner of human services may appoint a hospital 
 administrator at any state hospital.  Such hospital 
 administrator shall be a graduate of an accredited college 
 giving a course leading to a degree in hospital administration 
 and the commissioner of human services, by rule, shall designate 
 such colleges which in the opinion of the commissioner give an 
 accredited course in hospital administration.  The provisions of 
 this section shall not apply to any chief executive officer now 
 appointed to that position who on July 1, 1963, 
 is neither a physician and surgeon nor a graduate of a 
 college giving a degree in hospital administration.  In addition 
 to a hospital administrator, the commissioner of human services 
 may appoint a licensed doctor of medicine as chief of the 
 medical staff who shall be in charge of all medical care, 
 treatment, rehabilitation and research.  

    HIST: 1963 c 764 s 10; 1984 c 654 art 5 s 58; 1985 c 248 s 70; 
 1986 c 444 

  246.03 Repealed, 1991 c 326 s 27 

     246.04 Books and accounts. 

    The commissioner of human services shall keep at the 
 commissioner's office a proper and complete system of books and 
 accounts with each institution, showing every expenditure 
 authorized and made therefor.  Such books shall contain a 
 separate account of each extraordinary or special appropriation 
 made by the legislature, with every item of expenditure 
 therefrom.  The commissioner shall maintain a separate fund for 
 all chemical dependency appropriations that will provide for an 
 ascertainable review of receipts and expenditures under section 
 246.18, subdivision 2. 

    HIST: (4412) RL s 1872; 1984 c 654 art 5 s 58; 1986 c 394 s 1; 
 1986 c 444 

     246.05 Dissemination of information.  

    The commissioner of human services may, from time to time, 
 publish and distribute scientific, educational, and statistical 
 articles, bulletins, and reports concerning clinical, research 
 and other studies conducted in the department of human services 
 in the fields of mental or nervous diseases, mental deficiency, 
 or epilepsy.  

    HIST: (4414) RL s 1874; 1949 c 262 s 1; 1984 c 654 art 5 s 58 

     246.06 Reports. 

    On or before November 15 in each even-numbered year, the 
 commissioner of human services shall make a report to the 
 governor covering the biennial period ending June 30th 
 preceding, therein giving observations and conclusions 
 respecting each institution under control of the commissioner.  
 This report shall contain the reports of the executive officers 
 of the institutions, a statement of the visitations thereto, and 
 when and by whom made, the name and salary of every employee of 
 the commissioner, and of every officer and employee of the 
 several institutions.  Such report shall be published under the 
 direction of the commissioner of administration and paid for out 
 of the appropriation for public printing.  The commissioner of 
 human services shall make such other reports to the governor as 
 the commissioner may from time to time require, or as the 
 commissioner may deem necessary, relating to the condition and 
 wants of the several institutions. 

    HIST: (4415) RL s 1875; 1984 c 654 art 5 s 58; 1986 c 444; 
 1997 c 7 art 2 s 35 

     246.07 Daily records.  

    The commissioner of human services shall require the proper 
 officer of each of the institutions to keep, in a book prepared 
 for that purpose, a daily record of the time and number of hours 
 of service of each employee; the monthly payroll shall be made 
 from such time book, and accord therewith.  When an 
 appropriation is based on the number of inmates in, or persons 
 at, an institution, the commissioner shall require a daily 
 record to be kept of the persons actually residing at and 
 domiciled in such institution.  

    HIST: (4416) RL s 1876; 1984 c 654 art 5 s 58 

     246.08 Inspections; investigations; witnesses; contempt. 

    At least once each year and in addition as frequently as 
 the commissioner deems necessary, the commissioner, or a 
 designated representative, shall visit and inspect each 
 institution, and investigate its financial condition and 
 management, and the care being provided for the inmates 
 thereof.  The commissioner shall have power to summon and compel 
 the attendance of witnesses; to examine them under oath, and 
 order the production of all books, property, and papers material 
 to such investigation.  Witnesses other than those in the employ 
 of the state shall receive the same fees as in civil cases in 
 the district court.  The claim that any testimony or evidence 
 sought to be elicited or produced may tend to criminate the 
 person giving or producing it, or to expose the person to public 
 ignominy, shall not excuse the person, but no person shall be 
 prosecuted or subjected to any penalty or forfeiture for or on 
 account of any matter or thing concerning which the person may 
 be so required to testify or produce evidence; provided, that 
 the person shall not be exempted from prosecution and punishment 
 for perjury committed in so testifying.  The commissioner of 
 human services shall cause the testimony so taken to be 
 transcribed and filed with the commissioner as soon as 
 practicable and when so filed it shall be open to public 
 inspection.  Every person failing or refusing to obey any order 
 of the commissioner of human services issued under this section, 
 or to give or produce evidence when so requested, shall be 
 reported by the commissioner to the district court and dealt 
 with as for a contempt of court.  

    HIST: (4417) RL s 1877; 1953 c 239 s 1; 1984 c 654 art 5 s 58; 
 1986 c 444 

  246.09 Repealed, 1953 c 254 s 1 

  246.10 Repealed, 1967 c 638 s 22 

  246.101 Repealed, 1967 c 638 s 22 

     246.11 Inspection.  

    The commissioner of human services, upon stated visits to 
 any institution, shall inspect every part thereof, the general 
 and special dietary, and the stores and methods of supply; and, 
 so far as practicable, shall see all inmates of the charitable 
 institutions, especially those admitted since the preceding 
 visit, and shall give such as desire it suitable opportunity to 
 converse with the commissioner privately.  The commissioner may 
 examine under oath the officers, attendants, guards, and other 
 employees in order to determine their fitness for their duties.  

    HIST: (4423) RL s 1879; 1984 c 654 art 5 s 58; 1986 c 444 

     246.12 Biennial estimates; suggestions for legislation.  

    The commissioner of human services shall prepare, for the 
 use of the legislature, biennial estimates of appropriations 
 necessary or expedient to be made for the support of the several 
 institutions and for extraordinary and special expenditures for 
 buildings and other improvements.  The commissioner shall, in 
 connection therewith, make suggestions relative to legislation 
 for the benefit of the institutions, or for improving the 
 condition of the dependent, defective, or criminal classes.  The 
 commissioner shall report the estimates and suggestions to the 
 legislature on or before November 15 in each even-numbered 
 year.  The commissioner of human services on request shall 
 appear before any legislative committee and furnish any required 
 information in regard to the condition of any such institution.  

    HIST: (4427) RL s 1883; 1969 c 540 s 11; 1984 c 654 art 5 s 
 58; 1986 c 444 

     246.13 Record of patients and residents; department of 
  human services. 

    The commissioner of human services' office shall have, 
 accessible only by consent of the commissioner 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, in the state hospitals 
 under exclusive control of the commissioner, the date of 
 discharge and whether such discharge was final, the condition of 
 such person when the person left the state hospital, and the 
 date and cause of all deaths.  The record shall state every 
 transfer from one state hospital to another, naming each.  This 
 information shall be furnished to the commissioner of human 
 services by each public and private agency, with such other 
 obtainable facts as the commissioner may from time to time 
 require.  The chief executive officer of each such state 
 hospital, within ten days after the commitment or entrance 
 thereto of a patient or resident, shall cause a true copy of an 
 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 state hospital, the chief executive 
 officer, or other person in charge shall inform the commissioner 
 of human services within ten days thereafter on forms furnished 
 by the commissioner.  

    The commissioner of human services may authorize the chief 
 executive officer of any state hospital for persons with mental 
 illness or mental retardation, to release to public or private 
 medical personnel, hospitals, clinics, local social services 
 agencies 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.  

    HIST: (4437) RL s 1889; 1957 c 319 s 1; 1961 c 750 s 13 subd 
 1; 1983 c 10 s 1; 1984 c 654 art 5 s 58; 1985 c 21 s 10; 1986 c 
 444; 1994 c 631 s 31 

     246.14 Use of space in institutions.  

    The commissioner of human services may use available space 
 in any institution under jurisdiction of the commissioner, or in 
 any institution under the jurisdiction of another department or 
 agency of the state in which space is proffered the 
 commissioner, by executive or legislative action, for the care 
 and custody of persons, patients, or inmates of the institutions 
 under exclusive control of the commissioner for whom other, more 
 suitable, space is not available.  All laws relating to the 
 commitment and care of such persons who may be so committed and 
 institutionalized shall be applicable to such persons.  

    HIST: (4438) RL s 1890; 1953 c 515 s 1; 1957 c 261 s 1; 1961 c 
 750 s 14 subd 1; 1967 c 839 s 5; 1984 c 654 art 5 s 58; 1986 c 
 444 

     246.15 Money of inmates of public welfare institutions. 

    Subdivision 1.  The chief executive officer of each 
 institution under the jurisdiction of the commissioner of human 
 services shall have the care and custody of all money belonging 
 to inmates thereof which may come into the chief executive 
 officer's hands, keep accurate accounts thereof, and pay them 
 out under rules prescribed by law or by the commissioner of 
 human services, taking vouchers therefor.  All such money 
 received by any officer or employee shall be paid to the chief 
 executive officer forthwith.  Every such executive officer, at 
 the close of each month, or oftener if required by the 
 commissioner, shall forward to the commissioner a statement of 
 the amount of all money so received and the names of the inmates 
 from whom received, accompanied by a check for the amount, 
 payable to the state treasurer.  On receipt of such statement, 
 the commissioner shall transmit the same to the commissioner of 
 finance, together with such check, who shall deliver the same to 
 the state treasurer.  Upon the payment of such check, the amount 
 shall be credited to a fund to be known as "Inmates Fund," for 
 the institution from which the same was received.  All such 
 funds shall be paid out by the state treasurer upon vouchers 
 duly approved by the commissioner of human services as in other 
 cases.  The commissioner may permit a contingent fund to remain 
 in the hands of the executive officer of any such institution 
 from which necessary expenditure may from time to time be made.  

    Subd. 2.  Any money in the inmates fund provided for in 
 this section, belonging to inmates of state institutions under 
 the jurisdiction of the commissioner of corrections shall 
 forthwith be transferred by the commissioner of human services 
 to the correctional inmates fund created by section 241.08.  

    HIST: (4439) RL s 1891; 1907 c 280 s 1; 1961 c 750 s 15 subds 
 1,2; 1973 c 492 s 14; 1984 c 654 art 5 s 58; 1985 c 248 s 70; 
 1986 c 444; 1991 c 326 s 10 

     246.151 Compensation paid to patient. 

    Subdivision 1.    Compensation.  Notwithstanding any law 
 to the contrary, the commissioners of human services and 
 veterans affairs are authorized to provide for the payment to 
 patients or residents of state institutions under their 
 management and control of such pecuniary compensation as 
 required by the United States Department of Labor.  Payment of 
 subminimum wages shall meet all requirements of United States 
 Department of Labor Regulations, Code of Federal Regulations, 
 title 29, part 525.  The amount of compensation depends upon the 
 quality and character of the work performed as determined by the 
 commissioner and the chief executive officer pursuant to section 
 177.24. 

    Subd. 2.    Imprest cash fund.  The commissioners of 
 human services and veterans affairs may establish an imprest 
 cash fund at each of the state operated residential facilities 
 to be utilized for payment to residents participating in 
 on-campus work programs. 

    HIST: 1978 c 560 s 1; 1981 c 360 art 1 s 21; 1984 c 654 art 5 
 s 58; 1986 c 355 s 1; 1986 c 444; 1Sp1993 c 1 art 7 s 26 

     246.16 Unclaimed money or personal property of inmates.  

    Subdivision 1.    Unclaimed money.  When there has 
 heretofore accumulated or shall hereafter accumulate in the 
 hands of the superintendent of any state institution under the 
 jurisdiction of the commissioner of human services money 
 belonging to inmates of such institution who have died therein, 
 or disappeared therefrom, and for which money there is no 
 claimant or person entitled thereto known to the superintendent, 
 such money may, at the discretion of such superintendent, to be 
 expended under direction of the superintendent for the 
 amusement, entertainment, and general benefit of the inmates of 
 such institution.  No money shall be so used until it shall have 
 remained unclaimed for at least five years.  If, at any time 
 after the expiration of the five years, the legal heirs of the 
 inmate shall appear and make proper proof of such heirship, they 
 shall be entitled to receive from the state treasurer such sum 
 of money as shall have been expended by the superintendent 
 belonging to the inmate. 

    Subd. 2.    Unclaimed personal property.  When any 
 inmate of a state institution under the jurisdiction of the 
 commissioner of human services has died or disappeared 
 therefrom, or hereafter shall die or disappear therefrom leaving 
 in the custody of the superintendent thereof personal property, 
 exclusive of money, which remains unclaimed for a period of two 
 years, and there is no person entitled thereto known to the 
 superintendent, the superintendent or an agent may sell such 
 property at public auction.  Notice of such sale shall be 
 published for two consecutive weeks in a legal newspaper in the 
 county wherein the institution is located and shall state the 
 time and place of such sale.  The proceeds of the sale, after 
 deduction of the costs of publication and auction, may be 
 expended, at the discretion of the superintendent, for the 
 entertainment and benefit of the inmates of such institution.  
 Any inmate, or heir or representative of the inmate, may file 
 with, and make proof of ownership to, the superintendent of the 
 institution disposing of such personal property within four 
 years after such sale, and, upon proof satisfactory to such 
 superintendent, shall certify for payment to the state treasurer 
 the amount received by the sale of such property.  No suit shall 
 be brought for damages consequent to the disposal of personal 
 property or use of money in accordance with this section against 
 the state or any official, employee, or agent thereof.  

    HIST: (4440) 1905 c 199 s 1; 1951 c 369 s 1; 1961 c 750 s 16 
 subd 1; 1984 c 654 art 5 s 58; 1986 c 444 

  246.17 Repealed, 1953 c 341 s 1 

     246.18 Disposal of funds. 

    Subdivision 1.    Generally.  Except as provided in 
 subdivisions 2 and 4, every officer and employee of the several 
 institutions under the jurisdiction of the commissioner of human 
 services who has money belonging to an institution shall pay the 
 money to the accounting officer thereof.  Every accounting 
 officer, at the close of each month or oftener, shall forward to 
 the commissioner of human services a statement of the amount and 
 sources of all money received.  On receipt of such statement, 
 the commissioner shall transmit the same to the commissioner of 
 finance, who shall deliver to the state treasurer a draft upon 
 the accounting officer for the same specifying the funds to 
 which it is to be credited.  Upon payment of such draft, the 
 amount shall be so credited.  

    Subd. 2.    Chemical dependency fund.  Money received by 
 a chemical dependency treatment facility operated by a regional 
 treatment center or nursing home under the jurisdiction of the 
 commissioner of human services must be deposited in the state 
 treasury and credited to a chemical dependency fund.  Money in 
 the chemical dependency fund is appropriated to the commissioner 
 to operate chemical dependency programs. 

    Subd. 2a.    Disposition of interest for chemical 
 dependency funds.  Beginning July 1, 1991, interest earned on 
 cash balances on deposit with the state treasurer derived from 
 receipts from chemical dependency programs affiliated with 
 state-operated facilities under the commissioner of human 
 services must be deposited in the state treasury and credited to 
 a chemical dependency account under subdivision 2.  Any interest 
 earned is appropriated to the commissioner to operate chemical 
 dependency programs according to subdivision 2. 

    Subd. 3. Repealed, 1991 c 292 art 4 s 79 

    Subd. 3a. Repealed, 1991 c 292 art 4 s 79 

    Subd. 4.    Collections deposited in the general fund.  
 Except as provided in subdivisions 5, 6, and 7, all receipts 
 from collection efforts for the regional treatment centers, 
 state nursing homes, and other state facilities as defined in 
 section 246.50, subdivision 3, must be deposited in the general 
 fund.  The commissioner shall ensure that the departmental 
 financial reporting systems and internal accounting procedures 
 comply with federal standards for reimbursement for program and 
 administrative expenditures and fulfill the purpose of this 
 paragraph. 

    Subd. 5.    Funded depreciation accounts for 
 state-operated, community-based programs.  Separate 
 interest-bearing funded depreciation accounts shall be 
 established in the state treasury for state-operated, 
 community-based programs meeting the definition of a facility in 
 Minnesota Rules, part 9553.0020, subpart 19, or a vendor in 
 section 252.41, subdivision 9.  As payments for state-operated 
 community-based services are received by the commissioner, the 
 portion of the payment rate representing allowable depreciation 
 expense and the capital debt reduction allowance shall be 
 deposited in the state treasury and credited to the separate 
 interest-bearing accounts as dedicated receipts with unused 
 funds carried over to the next fiscal year.  Funds within these 
 funded depreciation accounts are appropriated to the 
 commissioner of human services for the purchase or replacement 
 of capital assets or payment of capitalized repairs for each 
 respective program.  These accounts will satisfy the 
 requirements of Minnesota Rules, part 9553.0060, subparts 1, 
 item E, and 5.  

    Subd. 6.    Collections dedicated.  Except for 
 state-operated programs and services funded through a direct 
 appropriation from the legislature, money received within the 
 regional treatment center system for the following 
 state-operated services is dedicated to the commissioner for the 
 provision of those services: 

    (1) community-based residential and day training and 
 habilitation services for mentally retarded persons; 

    (2) community health clinic services; 

    (3) accredited hospital outpatient department services; 

    (4) certified rehabilitation agency and rehabilitation 
 hospital services; or 

    (5) community-based transitional support services for 
 adults with serious and persistent mental illness. 

 These funds must be deposited in the state treasury in a 
 revolving account and funds in the revolving account are 
 appropriated to the commissioner to operate the services 
 authorized, and any unexpended balances do not cancel but are 
 available until spent. 

    Subd. 7.    Use of certain reimbursement funds.  Except 
 as provided in subdivisions 2, 5, and 6, and unless otherwise 
 required by federal law, during any period in which bonds are 
 issued and outstanding under section 16A.67, all money received 
 from the federal government or other nonstate source for payment 
 or reimbursement of health care costs incurred at regional 
 treatment centers, state nursing homes, and other state 
 facilities as defined in section 246.50, subdivision 3, must be 
 credited to the special revenue fund created in section 16A.67, 
 subdivision 3.  Money credited to the special revenue fund must 
 be transferred to the debt service fund established in section 
 16A.67, subdivision 4, at the times and in the amounts 
 determined by order of the commissioner of finance to be 
 necessary to provide for the payment and security of bonds 
 issued pursuant to section 16A.67.  On or before the tenth day 
 of each month, any money in the special revenue fund not 
 required to be transferred to the debt service fund must be 
 transferred to the general fund. 

    HIST: (4441) RL s 1892; 1961 c 750 s 17 subd 1; 1973 c 492 s 
 14; 1984 c 654 art 5 s 58; 1986 c 394 s 2; 1986 c 444; 1987 c 
 403 art 2 s 44,45; 1989 c 282 art 6 s 6,7; 1991 c 292 art 6 s 
 28,29; 1Sp1993 c 1 art 5 s 8; 1995 c 207 art 8 s 28,29; 1995 c 
 264 art 6 s 4,5; 1997 c 203 art 7 s 6 

     246.19 Protection against fire.  

    The commissioner of human services shall provide at each 
 institution adequate and ready means of protection against fire, 
 construct proper means of escape for inmates, and establish and 
 enforce rigid rules by which danger from fire may be minimized.  

    HIST: (4442) RL s 1893; 1984 c 654 art 5 s 58; 1985 c 248 s 70 

  246.20 Repealed, 1973 c 400 s 2 

     246.21 Contingent fund.  

    The commissioner of human services may permit a contingent 
 fund to remain in the hands of the accounting officer of any 
 such institution from which expenditures may be made in case of 
 actual emergency requiring immediate payment to prevent loss or 
 danger to the institution or its inmates and for the purpose of 
 paying freight, purchasing produce, livestock and other 
 commodities requiring a cash settlement, and for the purpose of 
 discounting bills incurred, but in all cases subject to revision 
 by the commissioner of human services.  An itemized statement of 
 every expenditure made during the month from such fund shall be 
 submitted to the commissioner under rules established by the 
 commissioner.  If necessary, the commissioner shall make proper 
 requisition upon the commissioner of finance for a warrant upon 
 the state treasurer to secure the contingent fund for each 
 institution.  

    HIST: (4445) RL s 1896; 1909 c 74 s 1; 1961 c 750 s 20 subd 1; 
 1973 c 492 s 14; 1984 c 654 art 5 s 58; 1986 c 444 

  246.22 Repealed, 1961 c 750 s 28 

     246.23 Persons admissible to regional treatment centers. 

    Subdivision 1.    Residence.  No person who has not a 
 settlement in a county, as defined in section 256G.02, 
 subdivision 4, shall be admitted to a regional treatment center 
 for 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 the judgment of the 
 commissioner make it advisable.  When application is made to a 
 judge exercising probate jurisdiction for admission to any of 
 the regional treatment centers above named for admission 
 thereto, if the judge finds that the person for whom application 
 is made has not such residence, or that residence cannot be 
 ascertained, the judge shall so report to the commissioner; and 
 may recommend that such person be admitted notwithstanding, 
 giving reasons therefor.  The commissioner of human services 
 shall thereupon investigate the question of residence and, if 
 the commissioner finds that such person has not such residence 
 and has a legal residence in another state or country, the 
 commissioner may cause the person to be returned thereto at the 
 expense of this state.  

    Subd. 2.    Chemical dependency treatment.  The 
 commissioner shall maintain a regionally based, 
 state-administered system of chemical dependency programs.  
 Counties may refer individuals who are eligible for services 
 under chapter 254B to the chemical dependency units in the 
 regional treatment centers.  A 15 percent county share of the 
 per diem cost of treatment is required for individuals served 
 within the treatment capacity funded by direct legislative 
 appropriation.  By July 1, 1991, the commissioner shall 
 establish criteria for admission to the chemical dependency 
 units that will maximize federal and private funding sources, 
 fully utilize the regional treatment center capacity, and make 
 state-funded treatment capacity available to counties on an 
 equitable basis.  The admission criteria may be adopted without 
 rulemaking.  Existing rules governing placements under chapters 
 254A and 254B do not apply to admissions to the capacity funded 
 by direct appropriation.  Private and third-party collections 
 and payments are appropriated to the commissioner for the 
 operation of the chemical dependency units.  In addition to the 
 chemical dependency treatment capacity funded by direct 
 legislative appropriation, the regional treatment centers may 
 provide treatment to additional individuals whose treatment is 
 paid for out of the chemical dependency consolidated treatment 
 fund under chapter 254B, in which case placement rules adopted 
 under chapter 254B apply; to those individuals who are 
 ineligible but committed for treatment under chapter 253B as 
 provided in section 254B.05, subdivision 4; or to individuals 
 covered through other nonstate payment sources.  

    HIST: (4447) RL s 1898; 1965 c 45 s 19; 1973 c 123 art 5 s 7; 
 1976 c 2 s 85; 1983 c 10 s 1; 1984 c 654 art 5 s 58; 1985 c 21 s 
 11; 1986 c 394 s 3; 1986 c 444; 1991 c 199 art 2 s 1; 1991 c 292 
 art 4 s 5; 1995 c 189 s 8; 1995 c 207 art 3 s 1; 1996 c 277 s 1 

     246.234 Reciprocal exchange of 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 persons 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.  

    HIST: 1945 c 228 s 1; 1965 c 45 s 20; 1983 c 10 s 1; 1984 c 
 654 art 5 s 58; 1985 c 21 s 12 

     246.24 Compromise of claims.  

    In case of any disagreement between the commissioner of 
 human services and any person concerning a claim of such person 
 to any right interest or estate in or lien upon lands occupied 
 by or used in connection with any state institution under 
 exclusive or partial control of the person, or of any claim by a 
 person for damages to any such land, or the improvements 
 thereon, the commissioner, with the approval of the governor and 
 the commissioner of finance, may compromise and settle such 
 claim; and in so doing may make any necessary conveyance of 
 land.  All moneys received by the commissioner upon any such 
 settlement shall be paid into the state treasury to the credit 
 of the general fund.  

    HIST: (4449) RL s 1900; 1969 c 399 s 49; 1973 c 492 s 14; 1984 
 c 654 art 5 s 58; 1986 c 444 

  246.25 Repealed, 1967 c 885 s 6 

  246.26 Renumbered 241.05 

     246.27 Physical examinations for employment in certain 
  state institutions.  

    No new employee shall be given employment in any state 
 institution under the direction of the department of human 
 services, whether certified for such employment by the state 
 department of employee relations, or otherwise selected, unless 
 such person presents to the appointing officer of such 
 institution a certificate showing that the employee has 
 undergone the physical examination hereinafter provided for and 
 has been found to be free of tuberculosis.  

    HIST: 1941 c 479 s 1; 1953 c 593 s 2; 1973 c 507 s 45; 1980 c 
 617 s 47; 1984 c 654 art 5 s 58; 1986 c 444 

     246.28 Diagnostic tests and X-ray examinations; report. 

    The physical examination shall include a standard 
 intradermal tuberculin test, a chest X-ray when the test is 
 positive and additional special diagnostic tests for the 
 detection of the presence of tuberculosis as shall be set up in 
 rules of the state commissioner of health in cooperation with 
 the commissioner of human services.  The examination shall be 
 made by a licensed physician and surgeon, who shall report in 
 writing to the superintendent of the institution in which the 
 employment is contemplated on a form set up by the department of 
 human services in cooperation with the state commissioner of 
 health showing the presence or absence of tuberculosis infection 
 and disease based upon the examination. 

    HIST: 1941 c 479 s 2; 1977 c 305 s 45; 1980 c 357 s 17; 1984 c 
 654 art 5 s 58; 1985 c 248 s 70 

   246.29 Repealed, 1947 c 616 s 5; 1949 c 558 s 1; 1953 c 
  593 s 2 

  246.30 Repealed, 1965 c 45 s 73 

    246.31 Subdivision 1.  Repealed, 1965 c 45 s 73 

    Subd. 2.  Repealed, 1965 c 45 s 73 

    Subd. 3.  Repealed, 1965 c 45 s 73 

    Subd. 4.  Repealed, 1953 c 732 s 5; 1959 c 578 s 7 

    246.32 Subdivision 1.  Repealed, 1975 c 204 s 106 

    Subd. 2.  Repealed, 1975 c 204 s 106 

    Subd. 3.  Repealed, 1969 c 52 s 5 

    Subd. 4.  Repealed, 1975 c 204 s 106 

    Subd. 5.  Repealed, 1975 c 204 s 106 

     246.33 Cemetery.  

    Subdivision 1.  The commissioner of human services may 
 establish and maintain a cemetery for the burial of any patient, 
 inmate or person admitted to any state institution under control 
 of the commissioner upon the public grounds of such institution 
 in the manner set forth in the following subdivisions.  

    Subd. 2.  The land shall be surveyed and a plat thereof 
 made.  

    Subd. 3.  A stone or other monument shall be established to 
 mark each corner of such cemetery, and its location shown on the 
 plat.  

    Subd. 4.  The cemetery shall be platted into lots, which 
 shall be numbered; it shall have streets and walks, and the same 
 shall be shown on the plat.  All containing graves shall be 
 indicated by an appropriate marker of permanent nature for 
 identification purposes.  

    Subd. 5.  The surveyor shall certify as to the correctness 
 of the plat by endorsement.  

    Subd. 6.  The plat with the surveyor's endorsement thereon 
 shall be filed for record with the county recorder in the county 
 wherein the cemetery is located.  A copy of the plat shall be 
 kept in the office of the superintendent of the institution, 
 together with a register showing the name of the persons buried 
 in the cemetery and the lot in which they are buried. 

    HIST: 1949 c 155 s 1; 1976 c 181 s 2; 1984 c 654 art 5 s 58; 
 1986 c 444 

     246.34 Reburial.  

    Subdivision 1.  The commissioner of human services may 
 remove the body of any person now buried in a cemetery situated 
 upon the land belonging to the state for public institution 
 purposes and rebury it in a cemetery created under the 
 provisions of section 246.33, by complying with the provisions 
 set forth in the following subdivisions of this section.  

    Subd. 2.  The commissioner shall petition the district 
 court of the county wherein the present cemetery is situated 
 setting forth the reasons for such removal, the place to which 
 the body is to be removed, and praying for an order of the court 
 authorizing such removal.  Upon the presentation of such 
 petition, the court shall make its order setting the time, which 
 shall not be less than 60 days from the date of the order, and 
 the place for hearing the same.  The commissioner shall serve 
 the nearest relative or, if the commissioner cannot locate any 
 relative, some friend of the person whose body is to be removed 
 by mailing a copy of the petition and court's order 30 days 
 before the date of hearing and file the affidavit of mailing 
 with the court administrator of district court.  If the 
 commissioner is unable to locate a relative or friend, the 
 commissioner shall make an affidavit to that effect and file the 
 same with the court administrator of district court.  

    Subd. 3.  Upon the hearing of such petition, if the court 
 determines that it is for the best interests of the public, the 
 relatives and friends that such body be removed and that the 
 same will be conducted in a manner commensurate with the methods 
 commonly employed for the reburial of the dead in the community, 
 the court shall make its order authorizing such removal, setting 
 forth the time within which such removal shall be accomplished 
 and the place to which the body is to be removed.  Upon 
 completion of such removal, the director shall cause the name of 
 the person so removed to be entered in the register, together 
 with the number of the lot in the cemetery and file an affidavit 
 thereof with the court administrator of district court.  

    HIST: 1949 c 155 s 2; 1984 c 654 art 5 s 58; 1986 c 444; 
 1Sp1986 c 3 art 1 s 82 

     246.35 Abandonment of cemetery; court order.  

    If the court makes its order under the provisions of 
 section 246.34 authorizing the removal of bodies from a cemetery 
 and the same is accomplished in accordance with such order and 
 the commissioner files affidavits of such removal as 
 hereinbefore provided, together with an affidavit that the 
 commissioner has caused a thorough search to be made, and there 
 are no more dead bodies remaining in such cemetery to the best 
 of the commissioner's knowledge, information and belief, the 
 court may make its order authorizing the abandonment of such 
 cemetery and thereby discontinue its use as such.  

    HIST: 1949 c 155 s 3; 1986 c 444 

     246.36 Acceptance of voluntary, uncompensated services. 

    For the purpose of carrying out a duty, the commissioner of 
 human services shall have authority to accept uncompensated and 
 voluntary services and to enter into contracts or agreements 
 with private or public agencies, or persons, for uncompensated 
 and voluntary services, as the commissioner may deem 
 practicable.  Uncompensated and voluntary services do not 
 include services mandated by licensure and certification 
 requirements for health care facilities.  The volunteer 
 agencies, organizations, or persons who provide services to 
 residents of state facilities operated under the authority of 
 the commissioner are not subject to the procurement requirements 
 of chapters 16A and 16B.  The agencies, organizations, or 
 persons may purchase supplies, services, and equipment to be 
 used in providing services to residents of state facilities 
 through the department of administration. 

    HIST: 1949 c 638 s 1; 1978 c 560 s 2; 1984 c 654 art 5 s 58; 
 1985 c 248 s 68; 1986 c 444; 1989 c 282 art 6 s 8 

  246.37 Renumbered 243.84 

  246.38 Renumbered 243.85 

  246.39 Renumbered 243.86 

  246.40 Renumbered 243.87 

     246.41 Contributions for benefit of persons 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 persons 
 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 persons with 
 mental retardation within the state, including those within 
 state hospitals.  And, without excluding other possible uses, 
 research relating to persons 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.  

    HIST: 1953 c 519 s 1; 1959 c 158 s 17; 1983 c 10 s 1; 1984 c 
 654 art 5 s 58; 1985 c 21 s 13 

     246.42 Food products, production and preservation.  

    The commissioner of human services may contract with 
 corporations or individuals engaged in the commercial canning or 
 freezing of food products, under such terms as the commissioner 
 believes are for the best interests of the state, for the 
 seeding, fertilizing, harvesting, and preserving of food 
 products for consumption by institution inmates.  The contract 
 may provide for the payment of the processor's services by a 
 fractional share of the food processed.  The commissioner shall 
 not be required to advertise for or secure bids.  

    HIST: 1953 c 581 s 1; 1984 c 654 art 5 s 58; 1986 c 444 

  246.43 Repealed, 1978 c 723 art 1 s 20; 1979 c 258 s 25 

  246.44 Repealed, 1996 c 310 s 1 

  246.45 Repealed, 1996 c 310 s 1 

  246.46 Repealed, 1996 c 310 s 1 

  246.47 Repealed, 1959 c 578 s 7 

  246.48 Repealed, 1959 c 578 s 7 

  246.49 Repealed, 1959 c 578 s 7 

     246.50 Care of clients at state facilities; definitions. 

    Subdivision 1.    Scope.  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.  "Commissioner" means the 
 commissioner of human services of the state of Minnesota.  

    Subd. 3.    State facility.  "State facility" means any 
 state facility owned or operated by the state of Minnesota and 
 under the programmatic direction or fiscal control of the 
 commissioner.  State facility includes regional treatment 
 centers; the state nursing homes; state-operated, 
 community-based programs; and other facilities owned or operated 
 by the state and under the commissioner's control.  

    Subd. 3a. Repealed, 1989 c 282 art 2 s 219 

    Subd. 4.    Client.  "Client" means any person receiving 
 services at a state facility, whether or not those services 
 require occupancy of a bed overnight.  

    Subd. 4a. Repealed, 1989 c 282 art 2 s 219 

    Subd. 5.    Cost of care.  "Cost of care" means the 
 commissioner's charge for services provided to any person 
 admitted to a state facility. 

    For purposes of this subdivision, "charge for services" 
 means the cost of services, treatment, maintenance, bonds issued 
 for capital improvements, depreciation of buildings and 
 equipment, and indirect costs related to the operation of state 
 facilities.  The commissioner may determine the charge for 
 services on an anticipated average per diem basis as an all 
 inclusive charge per facility, per disability group, or per 
 treatment program.  The commissioner may determine a charge per 
 service, using a method that includes direct and indirect costs. 

    Subd. 6.    Relatives.  "Relatives" means the spouse, 
 and parents of a client, in that order of liability for cost of 
 care. 

    Subd. 7.    Client's county.  "Client's county" means 
 the county of the client's legal settlement for poor relief 
 purposes at the time of commitment or voluntary admission to a 
 state facility, or if the client has no such legal settlement in 
 this state, it means the county of commitment, except that where 
 a client with no such legal settlement is committed while 
 serving a sentence at a penal institution, it means the county 
 from which the client was sentenced.  

    Subd. 8.    Local social services agency.  "Local social 
 services agency" means the local social services agency of the 
 client's county as defined in subdivision 7 and of the county of 
 commitment, and any other local social services agency 
 possessing information regarding, or requested by the 
 commissioner to investigate, the financial circumstances of a 
 client or relatives thereof.  

    Subd. 9. Repealed, 1989 c 282 art 2 s 219 

    HIST: 1959 c 578 s 1; 1967 c 386 s 1; 1969 c 205 s 1; 1971 c 
 637 s 1-4; 1973 c 235 s 1; 1982 c 641 art 1 s 4,5; 1984 c 534 s 
 12; 1984 c 654 art 5 s 58; 1985 c 21 s 14; 1986 c 394 s 4; 1986 
 c 444; 1987 c 403 art 2 s 46-50; 1989 c 271 s 32; 1989 c 282 art 
 2 s 87-89,218; 1994 c 465 art 3 s 26; 1994 c 631 s 31 

     246.51 Payment for care and treatment; determination. 

    Subdivision 1.    Procedures.  The commissioner shall 
 make investigation as necessary to determine, and as 
 circumstances require redetermine, what part of the cost of 
 care, if any, the client is able to pay.  If the client is 
 unable to pay the full cost of care the commissioner shall make 
 a determination as to the ability of the relatives to pay.  The 
 client and relatives shall provide the commissioner documents 
 and proofs necessary to determine their ability to pay.  Failure 
 to provide the commissioner with sufficient information to 
 determine ability to pay may make the client or relatives liable 
 for the full cost of care until the time when sufficient 
 information is provided.  No parent shall be liable for the cost 
 of care given a client at a regional treatment center after the 
 client has reached the age of 18 years.  The commissioner's 
 determination shall be conclusive in any action to enforce 
 payment of the cost of care unless appealed from as provided in 
 section 246.55.  All money received, except for chemical 
 dependency receipts, shall be paid to the state treasurer and 
 placed in the general fund of the state and a separate account 
 kept of it.  Except for services provided under chapter 254B, 
 responsibility under this section shall not apply to those 
 relatives having gross earnings of less than $11,000 per year.  

    Subd. 2.    Rules.  The commissioner shall adopt, 
 pursuant to the administrative procedure act, rules establishing 
 uniform standards for determination of client liability and 
 relative, guardian or conservator responsibility for care 
 provided at state facilities.  The standards may differ for 
 mental illness, chemical dependency, or mental retardation.  The 
 standards established in rules adopted under chapter 254B shall 
 determine the amount of client and relative responsibility when 
 a portion of the client's cost of care has been paid under 
 chapter 254B.  These rules shall have the force and effect of 
 law.  

    Subd. 3.    Applicability.  The commissioner may 
 recover, under sections 246.50 to 246.55, the cost of any care 
 provided in a state facility, including care provided prior to 
 July 1, 1989, regardless of the terminology used to designate 
 the status or condition of the person receiving the care or the 
 terminology used to identify the facility.  For purposes of 
 recovering the cost of care provided prior to July 1, 1989, the 
 term "state facility" as used in sections 246.50 to 246.55 
 includes "state hospital," "regional treatment center," or 
 "regional center"; and the term "client" includes, but is not 
 limited to, persons designated as "mentally deficient," 
 "inebriate," "chemically dependent," or "intoxicated." 

    HIST: 1959 c 578 s 2; 1969 c 399 s 1; 1971 c 637 s 5; 1973 c 
 35 s 46; 1973 c 138 s 1; 1973 c 235 s 2; 1973 c 725 s 45; 1977 c 
 331 s 1; 1982 c 641 art 1 s 6; 1986 c 394 s 5; 1987 c 299 s 1; 
 1987 c 384 art 1 s 20; 1987 c 403 art 2 s 51; 1989 c 282 art 2 s 
 90,218 

     246.511 Relative responsibility. 

    Except for chemical dependency services paid for with funds 
 provided under chapter 254B, a client's relatives shall not, 
 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 facilities shall have their responsibility to pay 
 determined according to section 252.27, subdivision 2, or in 
 rules adopted under chapter 254B if the cost of care is paid 
 under chapter 254B.  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 
 facilities for clients whose parent, parents, spouse, guardian, 
 or conservator do not reside in Minnesota.  

    HIST: 1Sp1981 c 2 s 17; 1982 c 641 art 1 s 7; 1984 c 530 s 1; 
 1985 c 21 s 15; 1987 c 299 s 2; 1987 c 403 art 2 s 52; 1989 c 
 282 art 2 s 218 

     246.52 Payment for care; order; action. 

    The commissioner shall issue an order to the client or the 
 guardian of the 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 
 client 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.  

    HIST: 1959 c 578 s 3; 1985 c 21 s 16; 1986 c 444; 1989 c 282 
 art 2 s 218 

     246.53 Claim against estate of deceased client. 

    Subdivision 1.    Client's estate.  Upon the death of a 
 client, or a former client, the total cost of care given the 
 client, less the amount actually paid toward the cost of care by 
 the client and the client's relatives, shall be filed by the 
 commissioner as a claim against the estate of the client 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 client is not more than needed to care 
 for and maintain the spouse and minor or dependent children of a 
 deceased client, 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 client or 
 former client shall not apply to any claim against an estate 
 made hereunder to recover cost of care.  

    HIST: 1959 c 578 s 4; 1969 c 205 s 2; 1981 c 31 s 5; 1982 c 
 641 art 1 s 8; 1984 c 654 art 5 s 58; 1985 c 21 s 17; 1989 c 282 
 art 2 s 218 

     246.531 Subrogation of insurance settlements. 

    Subdivision 1.    Subrogation to client's rights.  The 
 department of human services shall be subrogated, to the extent 
 of the cost of care for services given, to the rights a client 
 who receives treatment or care at a state facility may have 
 under private health care coverage.  The right of subrogation 
 does not attach to benefits paid or provided under private 
 health care coverage before the carrier issuing the health care 
 coverage receives written notice of the exercise of subrogation 
 rights. 

    Subd. 2.    Civil action.  To recover under this 
 section, the department of human services, with counsel of the 
 attorney general, may institute or join in a civil action 
 against the carrier issuing the private health care coverage. 

    HIST: 1987 c 403 art 2 s 53; 1989 c 282 art 2 s 218 

     246.54 Liability of county; reimbursement. 

    Except for chemical dependency services provided under 
 sections 254B.01 to 254B.09, the client's county shall pay to 
 the state of Minnesota a portion of the cost of care provided in 
 a regional treatment center to a client 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 cost of care, as determined by the commissioner, for each 
 day, or the portion thereof, that the client spends at a 
 regional treatment center.  If payments received by the state 
 under sections 246.50 to 246.53 exceed 90 percent of the cost of 
 care, the county shall be responsible for paying the state only 
 the remaining amount.  The county shall not be entitled to 
 reimbursement from the client, the client's estate, or from the 
 client's relatives, except as provided in section 246.53.  No 
 such payments shall be made for any client who was last 
 committed prior to July 1, 1947. 

    HIST: 1959 c 578 s 5; 1971 c 637 s 6; 1981 c 360 art 2 s 17; 
 1985 c 21 s 18; 1986 c 394 s 6; 1989 c 282 art 2 s 91,218 

     246.55 Appeal from order of commissioner. 

    Clients or relatives 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 they reside 
 by serving notice of the appeal on the commissioner and filing 
 the notice, with proof of service, in the office of the court 
 administrator 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. 

    HIST: 1959 c 578 s 6; 1983 c 247 s 104; 1985 c 21 s 19; 1986 c 
 444; 1Sp1986 c 3 art 1 s 82; 1989 c 282 art 2 s 218 

     246.56 Prevocational training for 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 economic security, work activity programs for 
 the purpose of providing therapeutic work activities for 
 regional treatment center patients with mental illness and 
 regional treatment center residents with mental retardation.  
 Work activity programs may be established for the provision of 
 services and for the manufacture, processing and repairing of 
 goods, wares, and merchandise.  Work activity programs may be 
 located on the grounds of the regional treatment center or at 
 work sites in the community.  In establishing services the 
 commissioner shall cooperate with existing agencies to avoid 
 duplication of available services to the extent feasible. 

    Subd. 2.    Powers of commissioner.  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.  Notwithstanding 
 section 177.24, 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 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; 

    (c) contract with public or private entities for the 
 provision of custodial, domestic, maintenance, and other 
 services carried out by patients or residents.  To the extent 
 that a qualified direct care employee of a regional treatment 
 center is available, staff services required by the contract 
 shall be provided by that direct care employee. 

    The commissioner of human services shall, subject to the 
 approval of the commissioner of children, families, and 
 learning, have the power and authority to: 

    (a) create a work activity center revolving fund for the 
 purpose of receiving and expending money 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 or residents according to their 
 productivity, purchase equipment and supplies and pay other 
 expenses necessary to the operation of the said programs; 

    (d) 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. 

    Subd. 3.  The commissioner of human services is not 
 required to include indirect costs as defined in section 16A.127 
 in work activity contracts for patients of the regional 
 treatment centers and is not required to reimburse the general 
 fund for indirect costs related to work activity programs. 

    HIST: 1969 c 34 s 1; 1984 c 654 art 5 s 58; 1985 c 21 s 20; 
 1Sp1985 c 14 art 9 s 75; 1987 c 22 s 1; 1988 c 532 s 1; 1988 c 
 629 s 47; 1993 c 337 s 13; 1994 c 483 s 1; 1995 c 207 art 8 s 
 30; 1Sp1995 c 3 art 16 s 13 

     246.57 Shared service agreements. 

    Subdivision 1.    Authorized.  The commissioner of human 
 services may authorize any state facility operated under the 
 authority of the commissioner to enter into agreement with other 
 governmental entities and both nonprofit and for-profit 
 organizations for participation in shared service agreements 
 that would be of mutual benefit to the state, other governmental 
 entities and organizations involved, and the public.  
 Notwithstanding section 16B.06, subdivision 2, the commissioner 
 of human services may delegate the execution of shared services 
 contracts to the chief executive officers of the regional 
 centers or state operated nursing homes.  No additional 
 employees shall be added to the legislatively approved 
 complement for any regional center or state nursing home as a 
 result of entering into any shared service agreement.  However, 
 positions funded by a shared service agreement may be authorized 
 by the commissioner of finance for the duration of the shared 
 service agreement.  The charges for the services shall be on an 
 actual cost basis.  All receipts for shared services may be 
 retained by the regional treatment center or state-operated 
 nursing home that provided the services, in addition to other 
 funding the regional treatment center or state-operated nursing 
 home receives. 

    Subd. 2. Repealed, 1997 c 7 art 2 s 67 

    Subd. 3. Repealed, 1987 c 234 s 4 

    Subd. 4.    Shared staff or services.  The commissioner 
 of human services may authorize a regional treatment center to 
 provide staff or services to Camp Confidence in return for 
 services to, or use of the camp's facilities by, residents of 
 the treatment center who have mental retardation or a related 
 condition. 

    Subd. 5.    Laundry equipment.  The commissioner of 
 human services may provide for the replacement of laundry 
 equipment by including a charge for depreciation as part of the 
 service costs charged by a regional treatment center operating a 
 laundry service.  Receipts for laundry services attributable to 
 depreciation of laundry equipment must be deposited in a laundry 
 equipment depreciation account within the general fund.  All 
 money deposited in the account is appropriated to the 
 commissioner of human services for the replacement of laundry 
 equipment.  Any balance remaining in the account at the end of a 
 fiscal year does not cancel and is available until expended. 

    Subd. 6.    Dental services.  The commissioner of human 
 services shall authorize any regional treatment center or 
 state-operated nursing home under the commissioner's authority 
 to provide dental services to disabled persons who are eligible 
 for medical assistance and are not residing at the regional 
 treatment center or state-operated nursing home, provided that 
 the reimbursement received for these services is sufficient to 
 cover actual costs.  To provide these services, regional 
 treatment centers and state-operated nursing homes may 
 participate under contract with health networks in their service 
 area.  Notwithstanding section 16B.06, subdivision 2, the 
 commissioner of human services may delegate the execution of 
 these dental services contracts to the chief executive officers 
 of the regional centers or state-operated nursing homes.  All 
 receipts for these dental services shall be retained by the 
 regional treatment center or state-operated nursing home that 
 provides the services and shall be in addition to other funding 
 the regional treatment center or state-operated nursing home 
 receives. 

    HIST: 1976 c 163 s 47; 1982 c 530 s 1; 1983 c 312 art 1 s 20; 
 1984 c 654 art 5 s 58; 1985 c 213 s 1; 1987 c 234 s 1-3; 1987 c 
 403 art 2 s 54; 1989 c 282 art 6 s 9; 1996 c 451 art 6 s 6 

     246.58 Labor accounts; use of profits. 

    Profits accrued by reason of operation of diversified labor 
 accounts at any public institution under the control of the 
 commissioner of human services may be used at the direction of 
 the superintendent of the institution for the purchase of 
 occupational therapy equipment. 

    HIST: 1976 c 163 s 48; 1984 c 654 art 5 s 58 

     246.59 Lodging; food; domestic service. 

    Subdivision 1.  The commissioner of administration shall 
 establish a fair rental rate including utility costs to any 
 person who resides on state welfare or correctional institution 
 grounds. 

    Subd. 2.  Quarters and a stipend allowance of not to exceed 
 $150 per month may be authorized by the commissioner of human 
 services for medical students and physician fellows. 

    Subd. 3.  Neither the commissioner of corrections nor the 
 commissioner of human services shall furnish commissary 
 privileges including food, laundry service, and household 
 supplies to any person in staff residences or apartments. 

    Subd. 4.  Neither the commissioner of corrections, the 
 commissioner of human services, nor any other state officer or 
 employee shall use state money to employ personnel with domestic 
 duties to work in the residence of any officer or employee of 
 any institution, department, or agency of the state. 

    HIST: 1976 c 163 s 49; 1984 c 654 art 5 s 58; 1986 c 444 

     246.60 Consolidation; employees. 

    When institutions under the control of the commissioner of 
 human services or the commissioner of corrections are 
 consolidated, the commissioner of employee relations and the 
 commissioner of administration shall direct the department 
 incorporating the consolidation and any other state department 
 or agency, as necessary, to employ the affected employees at no 
 loss in salary.  The commissioner of employee relations shall 
 temporarily suspend any rules or laws to accommodate these 
 provisions.  Any department or agency that employs an affected 
 employee is authorized to temporarily exceed its approved 
 complement.  The commissioner of employee relations shall 
 develop procedures to insure that moving expenses are reimbursed 
 for those employees who relocate pursuant to the consolidation. 

    HIST: 1976 c 163 s 50; 1980 c 617 s 47; 1984 c 654 art 5 s 58 

  246.61 Repealed, 1987 c 234 s 4 

  246.62 Repealed, 1987 c 234 s 4 

  246.63 Repealed, 1987 c 234 s 4 

     246.64 Chemical dependency service agreements. 

    Subdivision 1.    Chemical dependency rates.  
 Notwithstanding sections 246.50, subdivision 5; 246.511; and 
 251.011, the commissioner shall establish separate rates for 
 each chemical dependency service operated by the commissioner 
 and may establish separate rates for each service component 
 within the program by establishing fees for services or 
 different per diem rates for each separate chemical dependency 
 unit within the program based on actual costs attributable to 
 the service or unit.  The rate must allocate the cost of all 
 anticipated maintenance, treatment, and expenses including 
 depreciation of buildings and equipment, interest paid on bonds 
 issued for capital improvements for chemical dependency 
 programs, reimbursement and other indirect costs related to the 
 operation of chemical dependency programs other than that paid 
 from the Minnesota state building fund or the bond proceeds 
 fund, and losses due to bad debt.  The rate must not include 
 allocations of chaplaincy, patient advocacy, or quality 
 assurance costs that are not required for chemical dependency 
 licensure by the commissioner or certification for chemical 
 dependency by the Joint Commission on Accreditation of 
 Hospitals.  Notwithstanding any other law, the commissioner 
 shall treat these costs as nonhospital department expenses. 

    Subd. 2.    Depreciation collections.  Beginning July 1, 
 1987, depreciation collected under subdivision 1 must be 
 credited to the general fund and principal and interest on the 
 bonded debt collected under subdivision 1 must be deposited in 
 the state bond fund. 

    Subd. 3.    Responsibilities of commissioner.  The 
 commissioner shall credit all receipts from billings for rates 
 set in subdivision 1, except those credited according to 
 subdivision 2, to the chemical dependency fund.  This money must 
 not be used for a regional treatment center activity that is not 
 a chemical dependency service or an allocation of expenditures 
 that are included in the base for computation of the rates under 
 subdivision 1.  The commissioner may expand chemical dependency 
 services so long as expenditures are recovered by patient fees, 
 transfer of funds, or supplementary appropriations.  The 
 commissioner may expand or reduce chemical dependency staff 
 complement as long as expenditures are recovered by patient 
 fees, transfer of funds, or supplementary appropriations.  
 Notwithstanding chapters 176 and 268, the commissioner shall 
 provide for the self-insurance of regional treatment center 
 chemical dependency programs for the costs of reemployment 
 insurance and workers' compensation claims.  

    Subd. 4.    Trade secret information.  Notwithstanding 
 any law to the contrary, data concerning matters affecting the 
 competitive position of the chemical dependency programs is 
 "trade secret information" for purposes of classification under 
 section 13.37, subdivision 2.  

    HIST: 1986 c 394 s 7; 1989 c 271 s 33; 1991 c 292 art 4 s 6; 
 1993 c 4 s 23; 1994 c 488 s 8; 1997 c 7 art 2 s 36 

     246.70 Services to families. 

    (a) The commissioner shall publicize the planned changes to 
 the facilities operated by the commissioner.  A parent, other 
 involved family member, or private guardian of a resident of a 
 facility must be notified of the changes planned for each 
 facility.  When new services developed for a person require the 
 person to move, the commissioner shall provide each parent, 
 family member, and guardian of that person with the following: 

    (1) names and telephone numbers of the state and county 
 contacts; 

    (2) information on types of services to be developed; 

    (3) information on how the individual planning process 
 works, including how alternative placements will be determined, 
 and how family members can be involved; 

    (4) information on the process to be followed when a 
 parent, other family member, or guardian disagrees with the 
 proposed services; and 

    (5) a list of additional resources such as advocates, local 
 volunteer coordinators, and family groups. 

    (b) At least one staff person in each facility must be 
 available to provide information about: 

    (1) community placements; 

    (2) the opportunity for interested family members and 
 guardians to participate in program planning; and 

    (3) family support groups. 

    HIST: 1989 c 282 art 6 s 10