2000 Minnesota Statutes

     245.50 Interstate contracts for mental health services. 

    Subdivision 1.    Definitions.  For purposes of this 
 section, the following terms have the meanings given them. 

    (a) "Bordering state" means Iowa, North Dakota, South 
 Dakota, or Wisconsin. 

    (b) "Agency or facility" means a public or private 
 hospital, mental health center, or other person or organization 
 authorized by a state to provide mental health services. 

    Subd. 2.    Authority.  Unless prohibited by another law 
 and subject to the exceptions listed in subdivision 3, a county 
 board may contract with an agency or facility in a bordering 
 state for mental health services for residents of Minnesota, and 
 a Minnesota mental health agency or facility may contract to 
 provide services to residents of bordering states.  A person who 
 receives services in another state under this section is subject 
 to the laws of the state in which services are provided.  A 
 person who will receive services in another state under this 
 section must be informed of the consequences of receiving 
 services in another state, including the implications of the 
 differences in state laws. 

    Subd. 3.    Exceptions.  A contract may not be entered 
 into under this section for services to persons who: 

    (1) are serving a sentence after conviction of a criminal 
 offense; 

    (2) are on probation or parole; 

    (3) are the subject of a presentence investigation; or 

    (4) have been committed involuntarily in Minnesota under 
 chapter 253B for treatment of mental illness or chemical 
 dependency, except as provided under subdivision 5. 

    Subd. 4.    Contracts.  Contracts entered into under 
 this section must, at a minimum: 

    (1) describe the services to be provided; 

    (2) establish responsibility for the costs of services; 

    (3) establish responsibility for the costs of transporting 
 individuals receiving services under this section; 

    (4) specify the duration of the contract; 

    (5) specify the means of terminating the contract; 

    (6) specify the terms and conditions for refusal to admit 
 or retain an individual; and 

    (7) identify the goals to be accomplished by the placement 
 of an individual under this section. 

    Subd. 5.    Special contracts; Wisconsin.  The 
 commissioner of the Minnesota department of human services must 
 enter into negotiations with appropriate personnel at the 
 Wisconsin department of health and social services and must 
 develop an agreement that conforms to the requirements of 
 subdivision 4, to enable the placement in Minnesota of patients 
 who are on emergency holds or who have been involuntarily 
 committed as mentally ill or chemically dependent in Wisconsin 
 and to enable the temporary placement in Wisconsin of patients 
 who are on emergency holds in Minnesota under section 253B.05, 
 provided that the Minnesota courts retain jurisdiction over 
 Minnesota patients, and the state of Wisconsin affords to 
 Minnesota patients the rights under Minnesota law.  Persons 
 committed by the Wisconsin courts and placed in Minnesota 
 facilities shall continue to be in the legal custody of 
 Wisconsin and Wisconsin's laws governing length of commitment, 
 reexaminations, and extension of commitment shall continue to 
 apply to these residents.  In all other respects, Wisconsin 
 residents placed in Minnesota facilities are subject to 
 Minnesota laws.  The agreement must specify that responsibility 
 for payment for the cost of care of Wisconsin residents shall 
 remain with the state of Wisconsin and the cost of care of 
 Minnesota residents shall remain with the state of Minnesota.  
 The commissioner shall be assisted by attorneys from the 
 Minnesota attorney general's office in negotiating and 
 finalizing this agreement.  The agreement shall be completed so 
 as to permit placement of Wisconsin residents in Minnesota 
 facilities and Minnesota residents in Wisconsin facilities 
 beginning July 1, 1994. 

    HIST: 1985 c 253 s 1; 1993 c 102 s 1,2; 1994 c 529 s 1