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    Subdivision 1. Development of services. The county board in each county is responsible
for using all available resources to develop and coordinate a system of locally available and
affordable adult mental health services. The county board may provide some or all of the mental
health services and activities specified in subdivision 2 directly through a county agency or under
contracts with other individuals or agencies. A county or counties may enter into an agreement
with a regional treatment center under section 246.57 or with any state facility or program as
defined in section 246.50, subdivision 3, to enable the county or counties to provide the treatment
services in subdivision 2. Services provided through an agreement between a county and a regional
treatment center must meet the same requirements as services from other service providers.
    Subd. 2. Adult mental health services. The adult mental health service system developed
by each county board must include the following services:
(1) education and prevention services in accordance with section 245.468;
(2) emergency services in accordance with section 245.469;
(3) outpatient services in accordance with section 245.470;
(4) community support program services in accordance with section 245.4711;
(5) residential treatment services in accordance with section 245.472;
(6) acute care hospital inpatient treatment services in accordance with section 245.473;
(7) regional treatment center inpatient services in accordance with section 245.474;
(8) screening in accordance with section 245.476; and
(9) case management in accordance with sections 245.462, subdivision 3; and 245.4711.
    Subd. 3. Local contracts. Effective January 1, 1988, the county board shall review all
proposed county agreements, grants, or other contracts related to mental health services for
funding from any local, state, or federal governmental sources. Contracts with service providers
(1) name the commissioner as a third party beneficiary;
(2) identify monitoring and evaluation procedures not in violation of the Minnesota
Government Data Practices Act, chapter 13, which are necessary to ensure effective delivery of
quality services;
(3) include a provision that makes payments conditional on compliance by the contractor
and all subcontractors with sections 245.461 to 245.486 and all other applicable laws, rules, and
standards; and
(4) require financial controls and auditing procedures.
    Subd. 4. Joint county mental health agreements. In order to provide efficiently the services
required by sections 245.461 to 245.486, counties are encouraged to join with one or more county
boards to establish a multicounty local mental health authority pursuant to the Joint Powers
Act, section 471.59, the Human Services Act, sections 402.01 to 402.10, community mental
health center provisions, section 245.62, or enter into multicounty mental health agreements.
Participating county boards shall establish acceptable ways of apportioning the cost of the services.
    Subd. 5. Local advisory council. The county board, individually or in conjunction with
other county boards, shall establish a local adult mental health advisory council or mental health
subcommittee of an existing advisory council. The council's members must reflect a broad
range of community interests. They must include at least one consumer, one family member
of an adult with mental illness, one mental health professional, and one community support
services program representative. The local adult mental health advisory council or mental health
subcommittee of an existing advisory council shall meet at least quarterly to review, evaluate, and
make recommendations regarding the local mental health system. Annually, the local adult mental
health advisory council or mental health subcommittee of an existing advisory council shall:
(1) arrange for input from the regional treatment center's mental illness program unit
regarding coordination of care between the regional treatment center and community-based
(2) identify for the county board the individuals, providers, agencies, and associations as
specified in section 245.462, subdivision 10;
(3) provide to the county board a report of unmet mental health needs of adults residing in
the county to be included in the county's mental health plan, and participate in developing the
mental health plan; and
(4) coordinate its review, evaluation, and recommendations regarding the local mental health
system with the state advisory council on mental health.
The county board shall consider the advice of its local mental health advisory council or
mental health subcommittee of an existing advisory council in carrying out its authorities and
    Subd. 6. Other local authority. The county board may establish procedures and policies
that are not contrary to those of the commissioner or sections 245.461 to 245.486 regarding local
adult mental health services and facilities. The county board shall perform other acts necessary to
carry out sections 245.461 to 245.486.
    Subd. 7. IMD downsizing flexibility. (a) If a county presents a budget-neutral plan for a
net reduction in the number of institution for mental disease (IMD) beds funded under group
residential housing, the commissioner may transfer the net savings from group residential housing
and general assistance medical care to medical assistance and mental health grants to provide
appropriate services in non-IMD settings. For the purposes of this subdivision, "a budget neutral
plan" means a plan that does not increase the state share of costs.
(b) The provisions of paragraph (a) do not apply to a facility that has its reimbursement rate
established under section 256B.431, subdivision 4, paragraph (c).
History: 1987 c 403 art 2 s 21; 1988 c 689 art 2 s 75-77; 1989 c 282 art 4 s 7-10; 1991 c 94
s 2,24; 1Sp1993 c 1 art 7 s 5; 1997 c 107 s 2; 1999 c 86 art 1 s 56; 1Sp2003 c 14 art 11 s 11;
2005 c 10 art 1 s 42; 2005 c 98 art 3 s 4,5

Official Publication of the State of Minnesota
Revisor of Statutes