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CHAPTER 246. PUBLIC INSTITUTIONS

Table of Sections
SectionHeadnote
246.001APPLICATION OF LAWS 2005, CHAPTER 56, TERMINOLOGY CHANGES.
246.01POWERS AND DUTIES.
246.012MEASURE OF SERVICE.
246.013PERSONS WITH MENTAL ILLNESS; CARE, TREATMENT.
246.0135OPERATION OF REGIONAL TREATMENT CENTERS.
246.0136ESTABLISHING ENTERPRISE ACTIVITIES IN STATE-OPERATED SERVICES.
246.014SERVICES.
246.0141TOBACCO USE PROHIBITED.
246.015CONSULTATIVE SERVICES; AFTERCARE OF PATIENTS.
246.016OFFICE ABOLISHED.
246.017
246.018OFFICE OF MEDICAL DIRECTOR.
246.02Repealed, 2001 c 70 s 5
246.022Repealed, 1Sp2003 c 14 art 6 s 68
246.023INTERAGENCY COMMITTEE.
246.025Repealed, 1965 c 45 s 73
246.0251HOSPITAL ADMINISTRATOR.
246.03Repealed, 1991 c 326 s 27
246.04BOOKS AND ACCOUNTS.
246.05DISSEMINATION OF INFORMATION.
246.06Repealed, 1Sp2003 c 14 art 6 s 68
246.07Repealed, 1Sp2003 c 14 art 6 s 68
246.08Repealed, 1Sp2003 c 14 art 6 s 68
246.09Repealed, 1953 c 254 s 1
246.10Repealed, 1967 c 638 s 22
246.101Repealed, 1967 c 638 s 22
246.11Repealed, 1Sp2003 c 14 art 6 s 68
246.12BIENNIAL ESTIMATES; SUGGESTIONS FOR LEGISLATION.
246.13RECORDS OF PERSONS RECEIVING STATE-OPERATED SERVICES.
246.14USE OF SPACE IN INSTITUTIONS.
246.141PROJECT LABOR.
246.15MONEY OF PATIENTS OR RESIDENTS.
246.151COMPENSATION PAID TO PATIENT.
246.16UNCLAIMED MONEY OR PERSONAL PROPERTY.
246.17Repealed, 1953 c 341 s 1
246.18DISPOSAL OF FUNDS.
246.19Repealed, 1Sp2003 c 14 art 6 s 68
246.20Repealed, 1973 c 400 s 2
246.21CONTINGENT FUND.
246.22Repealed, 1961 c 750 s 28
246.23PERSONS ADMISSIBLE TO REGIONAL TREATMENT CENTERS.
246.234RECIPROCAL EXCHANGE OF CERTAIN PERSONS.
246.24COMPROMISE OF CLAIMS.
246.25Repealed, 1967 c 885 s 6
246.26Renumbered 241.05
246.27PHYSICAL EXAMINATIONS FOR EMPLOYMENT REQUIRED.
246.28DIAGNOSTIC TESTS AND X-RAY EXAMINATIONS; REPORT.
246.29Repealed, 1947 c 616 s 5; 1949 c 558 s 1; 1953 c 593 s 2
246.30Repealed, 1965 c 45 s 73
246.31
246.32
246.325GARDEN OF REMEMBRANCE.
246.33CEMETERY.
246.34REBURIAL.
246.35ABANDONMENT OF CEMETERY; COURT ORDER.
246.36ACCEPTANCE OF VOLUNTARY, UNCOMPENSATED SERVICES.
246.37Renumbered 243.84
246.38Renumbered 243.85
246.39Renumbered 243.86
246.40Renumbered 243.87
246.41BENEFIT FOR PERSONS WITH DEVELOPMENTAL DISABILITIES.
246.42Repealed, 1Sp2003 c 14 art 6 s 68
246.43Repealed, 1978 c 723 art 1 s 19; 1979 c 258 s 25
246.44Repealed, 1996 c 310 s 1
246.45Repealed, 1996 c 310 s 1
246.46Repealed, 1996 c 310 s 1
246.47Repealed, 1959 c 578 s 7
246.48Repealed, 1959 c 578 s 7
246.49Repealed, 1959 c 578 s 7
246.50CARE OF CLIENTS AT STATE FACILITIES; DEFINITIONS.
246.51PAYMENT FOR CARE AND TREATMENT; DETERMINATION.
246.511RELATIVE RESPONSIBILITY.
246.52PAYMENT FOR CARE; ORDER; ACTION.
246.53CLAIM AGAINST ESTATE OF DECEASED CLIENT.
246.531SUBROGATION OF INSURANCE SETTLEMENTS.
246.54LIABILITY OF COUNTY; REIMBURSEMENT.
246.55APPEAL FROM ORDER OF COMMISSIONER.
246.56WORK ACTIVITY FOR CERTAIN PATIENTS OR RESIDENTS.
246.57SHARED SERVICE AGREEMENTS.
246.58LABOR ACCOUNTS; USE OF PROFITS.
246.59LODGING; FOOD; DOMESTIC SERVICE.
246.60CONSOLIDATION; EMPLOYEES.
246.61Repealed, 1987 c 234 s 4
246.62Repealed, 1987 c 234 s 4
246.63Repealed, 1987 c 234 s 4
246.64CHEMICAL DEPENDENCY SERVICE AGREEMENTS.
246.70SERVICES TO FAMILIES.

BLOODBORNE PATHOGENS; SECURE

TREATMENT FACILITY EMPLOYEES

246.71DEFINITIONS.
246.711CONDITIONS FOR APPLICABILITY OF PROCEDURES.
246.712INFORMATION REQUIRED TO BE GIVEN TO INDIVIDUALS.
246.713DISCLOSURE OF POSITIVE BLOODBORNE PATHOGEN TEST RESULTS.
246.714CONSENT PROCEDURES GENERALLY.
246.715TESTING OF AVAILABLE BLOOD.
246.716BLOOD SAMPLE COLLECTION FOR TESTING.
246.717NO DISCRIMINATION.
246.718USE OF TEST RESULTS.
246.719TEST INFORMATION CONFIDENTIALITY.
246.72PENALTY FOR UNAUTHORIZED RELEASE OF INFORMATION.
246.721PROTOCOL FOR EXPOSURE TO BLOODBORNE PATHOGENS.
246.722IMMUNITY.
246.001 APPLICATION OF LAWS 2005, CHAPTER 56, TERMINOLOGY CHANGES.
State agencies shall use the terminology changes specified in Laws 2005, chapter 56, section
1, when printed material and signage are replaced and new printed material and signage are
obtained. State agencies do not have to replace existing printed material and signage to comply
with Laws 2005, chapter 56, sections 1 and 2. Language changes made according to Laws 2005,
chapter 56, sections 1 and 2, shall not expand or exclude eligibility to services.
History: 2005 c 56 s 3
246.01 POWERS AND DUTIES.
The commissioner of human services is hereby specifically constituted the guardian of all
persons with developmental disabilities, 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 developmental disabilities, 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 developmental disabilities, 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 developmental disabilities 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.
History: (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; 2005 c
10 art 4 s 7; 2005 c 56 s 1
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.
History: 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.
History: 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
developmental disabilities 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.
History: 1992 c 513 art 9 s 18; 1Sp1993 c 1 art 7 s 24; 2005 c 56 s 1
246.0136 ESTABLISHING ENTERPRISE ACTIVITIES IN STATE-OPERATED
SERVICES.
    Subdivision 1. Planning for enterprise activities. The commissioner of human services is
directed to study and make recommendations to the legislature on establishing enterprise activities
within state-operated services. Before implementing an enterprise activity, the commissioner must
obtain statutory authorization for its implementation, except that the commissioner has authority
to implement enterprise activities for adult mental health, adolescent services, and to establish
a public group practice without statutory authorization. Enterprise activities are defined as the
range of services, which are delivered by state employees, needed by people with disabilities
and are fully funded by public or private third-party health insurance or other revenue sources
available to clients that provide reimbursement for the services provided. Enterprise activities
within state-operated services shall specialize in caring for vulnerable people for whom no other
providers are available or for whom state-operated services may be the provider selected by the
payer. In subsequent biennia after an enterprise activity is established within a state-operated
service, the base state appropriation for that state-operated service shall be reduced proportionate
to the size of the enterprise activity.
    Subd. 2. Required components of any proposal; considerations. In any proposal
for an enterprise activity brought to the legislature by the commissioner, the commissioner
must demonstrate that there is public or private third-party health insurance or other revenue
available to the people served, that the anticipated revenues to be collected will fully fund the
services, that there will be sufficient funds for cash flow purposes, and that access to services by
vulnerable populations served by state-operated services will not be limited by implementation
of an enterprise activity. In studying the feasibility of establishing an enterprise activity, the
commissioner must consider:
(1) creating public or private partnerships to facilitate client access to needed services;
(2) administrative simplification and efficiencies throughout the state-operated services
system;
(3) converting or disposing of buildings not utilized and surplus lands; and
(4) exploring the efficiencies and benefits of establishing state-operated services as an
independent state agency.
History: 1999 c 245 art 5 s 9; 1Sp2005 c 4 art 5 s 10
246.014 SERVICES.
The measure of services established and prescribed by section 246.012, are:
(a) The commissioner of human services shall develop and maintain state-operated services
in a manner consistent with sections 245.461, 245.487, and 253.28, and chapters 252, 254A,
and 254B. State-operated services shall be provided in coordination with counties and other
vendors. State-operated services shall include regional treatment centers, specialized inpatient
or outpatient treatment programs, enterprise services, community-based services and programs,
community preparation services, consultative services, and other services consistent with the
mission of the Department of Human Services. These services shall include crisis beds, waivered
homes, intermediate care facilities, and day training and habilitation facilities. The administrative
structure of state-operated services must be statewide in character. The state-operated services
staff may deliver services at any location throughout the state.
(b) The commissioner of human services shall create and maintain forensic services
programs. Forensic services shall be provided in coordination with counties and other vendors.
Forensic services shall include specialized inpatient programs at secure treatment facilities
as defined in section 253B.02, subdivision 18a, consultative services, aftercare services,
community-based services and programs, transition services, or other services consistent with the
mission of the Department of Human Services.
(c) Community preparation services as identified in paragraphs (a) and (b) are defined as
specialized inpatient or outpatient services or programs operated outside of a secure environment
but are administered by a secured treatment facility.
(d) The commissioner of human services may establish policies and procedures which
govern the operation of the services and programs under the direct administrative authority
of the commissioner.
History: 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; 1Sp2003 c 14 art 6 s 21; 2004 c 228 art 1 s 36
246.0141 TOBACCO USE PROHIBITED.
No patient, staff, guest, or visitor on the grounds or in a state regional treatment center, the
Minnesota Security Hospital, the Minnesota sex offender program, or the Minnesota extended
treatment options program may possess or use tobacco or a tobacco-related device. For the
purposes of this section, "tobacco" and "tobacco-related device" have the meanings given in
section 609.685, subdivision 1. This section does not prohibit the possession or use of tobacco or
a tobacco-related device by an adult as part of a traditional Indian spiritual or cultural ceremony.
For purposes of this section, an Indian is a person who is a member of an Indian tribe as defined
in section 260.755, subdivision 12.
History: 1Sp2003 c 14 art 7 s 67
246.015 CONSULTATIVE SERVICES; AFTERCARE OF PATIENTS.
    Subdivision 1.[Repealed, 1953 c 608 s 1]
    Subd. 2.[Repealed, 1953 c 608 s 1]
    Subd. 3. Authorization. The commissioner of human services may authorize state-operated
services to provide consultative services for courts, state welfare agencies, and supervise the
placement and aftercare of patients, on a fee-for-service basis as defined in section 246.50,
provisionally or otherwise discharged from a state-operated services facility. State-operated
services may also promote and conduct programs of education relating to mental health. The
commissioner shall administer, expend, and distribute federal funds which may be made available
to the state and other funds not appropriated by the legislature, which may be made available to
the state for mental health purposes.
History: 1949 c 512 s 4; 1953 c 608 s 1,2; 1984 c 654 art 5 s 58; 1986 c 444; 1Sp2003
c 14 art 6 s 22
246.016 OFFICE ABOLISHED.
The office of the commissioner of mental health and mental hospitals is hereby abolished.
History: 1953 c 608 s 1
246.017    Subdivision 1.[Repealed, 2005 c 136 art 5 s 6]
    Subd. 2.[Repealed, 1Sp2003 c 14 art 6 s 68]
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, 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. 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, community mental health center
directors, and the state-operated services governing body to develop standards for treatment and
care of patients in state-operated service programs;
(4) develop and oversee a continuing education program for members of the medical
staff; and
(5) participate and cooperate in the development and maintenance of a quality assurance
program for state-operated services that assures that residents receive quality inpatient care and
continuous quality care once they are discharged or transferred to an outpatient setting.
    Subd. 4. State-operated services medical staff. (a) The medical director shall establish a
state-operated services medical staff which shall be under the clinical direction of the Office
of Medical Director.
(b) The medical director, in conjunction with the medical staff, shall:
(1) establish standards and define qualifications for physicians who care for residents
in state-operated services;
(2) monitor the performance of physicians who care for residents in state-operated services;
and
(3) recommend to the commissioner changes in procedures for operating state-operated
service facilities that are needed to improve the provision of medical care in those facilities.
History: 1989 c 282 art 4 s 62; 1Sp2003 c 14 art 6 s 23-25
246.02 [Repealed, 2001 c 70 s 5]
246.022 [Repealed, 1Sp2003 c 14 art 6 s 68]
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]
History: 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.
History: 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
.
History: (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.
History: (4414) RL s 1874; 1949 c 262 s 1; 1984 c 654 art 5 s 58
246.06 [Repealed, 1Sp2003 c 14 art 6 s 68]
246.07 [Repealed, 1Sp2003 c 14 art 6 s 68]
246.08 [Repealed, 1Sp2003 c 14 art 6 s 68]
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 [Repealed, 1Sp2003 c 14 art 6 s 68]
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.
History: (4427) RL s 1883; 1969 c 540 s 11; 1984 c 654 art 5 s 58; 1986 c 444
246.13 RECORDS OF PERSONS RECEIVING STATE-OPERATED SERVICES.
    Subdivision 1. Commissioner's responsibilities. (a) 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-operated services facilities as
defined under section 246.014 under exclusive control of the commissioner; the date of discharge
and whether such discharge was final; the condition of the person when the person left the
state-operated services facility; the vulnerable adult abuse prevention associated with the person;
and the date and cause of all deaths. The record shall state every transfer from one state-operated
services facility to another, naming each state-operated services facility. This information shall
be furnished to the commissioner of human services by each public agency, along with other
obtainable facts as the commissioner may require. When a patient or resident in a state-operated
services facility is discharged, transferred, or dies, the head of the state-operated services facility
or designee shall inform the commissioner of human services of these events within ten days on
forms furnished by the commissioner.
(b) 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 state-operated services facilities.
    Subd. 2. Definitions; risk assessment and management. (a) As used in this section:
(1) "appropriate and necessary medical and other records" includes patient medical records
and other protected health information as defined by Code of Federal Regulations, title 45, section
164.501, relating to a patient in a state-operated services facility including, but not limited to,
the patient's treatment plan and abuse prevention plan that is pertinent to the patient's ongoing
care, treatment, or placement in a community-based treatment facility or a health care facility that
is not operated by state-operated services, and includes information describing the level of risk
posed by a patient when the patient enters the facility;
(2) "community-based treatment" means the community support services listed in section
253B.02, subdivision 4b;
(3) "criminal history data" means those data maintained or used by the Departments
of Corrections and Public Safety and by the supervisory authorities listed in section 13.84,
subdivision 1
, that relate to an individual's criminal history or propensity for violence, including
data in the Corrections Offender Management System (COMS) and Statewide Supervision System
(S3) maintained by the Department of Corrections; the Criminal Justice Information System
(CJIS) and the Predatory Offender Registration (POR) system maintained by the Department
of Public Safety; and the CriMNet system;
(4) "designated agency" means the agency defined in section 253B.02, subdivision 5;
(5) "law enforcement agency" means the law enforcement agency having primary jurisdiction
over the location where the offender expects to reside upon release;
(6) "predatory offender" and "offender" mean a person who is required to register as a
predatory offender under section 243.166; and
(7) "treatment facility" means a facility as defined in section 253B.02, subdivision 19.
(b) To promote public safety and for the purposes and subject to the requirements of this
paragraph, the commissioner or the commissioner's designee shall have access to, and may
review and disclose, medical and criminal history data as provided by this section, as necessary to
comply with Minnesota Rules, part 1205.0400:
(1) to determine whether a patient is required under state law to register as a predatory
offender according to section 243.166;
(2) to facilitate and expedite the responsibilities of the special review board and
end-of-confinement review committees by corrections institutions and state treatment facilities;
(3) to prepare, amend, or revise the abuse prevention plans required under section
626.557, subdivision 14, and individual patient treatment plans required under section 253B.03,
subdivision 7
;
(4) to facilitate the custody, supervision, and transport of individuals transferred between the
Department of Corrections and the Department of Human Services; or
(5) to effectively monitor and supervise individuals who are under the authority of the
Department of Corrections, the Department of Human Services, and the supervisory authorities
listed in section 13.84, subdivision 1.
(c) The state-operated services treatment facility must make a good faith effort to obtain
written authorization from the patient before releasing information from the patient's medical
record.
(d) If the patient refuses or is unable to give informed consent to authorize the release of
information required above, the chief executive officer for state-operated services shall provide
the appropriate and necessary medical and other records. The chief executive officer shall comply
with the minimum necessary requirements.
(e) The commissioner may have access to the National Crime Information Center (NCIC)
database, through the Department of Public Safety, in support of the law enforcement functions
described in paragraph (b).
    Subd. 3. Community-based treatment and medical treatment. (a) When a patient under
the care and supervision of state-operated services is released to a community-based treatment
facility or facility that provides health care services, state-operated services may disclose all
appropriate and necessary health and other information relating to the patient.
(b) The information that must be provided to the designated agency, community-based
treatment facility, or facility that provides health care services includes, but is not limited to, the
patient's abuse prevention plan required under section 626.557, subdivision 14, paragraph (b).
    Subd. 4. Predatory offender registration notification. (a) When a state-operated facility
determines that a patient is required under section 243.166 to register as a predatory offender or,
under section 243.166, subdivision 4a, to provide notice of a change in status, the facility shall
provide written notice to the patient of the requirement.
(b) If the patient refuses, is unable, or lacks capacity to comply with the requirement
described in paragraph (a) within five days after receiving the notification of the duty to
comply, state-operated services staff shall obtain and disclose the necessary data to complete the
registration form or change of status notification for the patient. The treatment facility shall also
forward the registration or change of status data that it completes to the Bureau of Criminal
Apprehension and, as applicable, the patient's corrections agent and the law enforcement agency
in the community in which the patient currently resides. If, after providing notification, the patient
refuses to comply with the requirements described in paragraph (a), the treatment facility shall also
notify the county attorney in the county in which the patient is currently residing of the refusal.
(c) The duties of state-operated services described in this subdivision do not relieve the
patient of the ongoing individual duty to comply with the requirements of section 243.166.
    Subd. 5. Procedure for bloodborne pathogens. Sections 246.71 to 246.722 apply to
state-operated services facilities.
History: (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; 1Sp2003 c 14 art 6 s 26; 2005 c 136
art 3 s 30; art 5 s 2; 1Sp2005 c 4 art 1 s 46
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.
History: (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
246.141 PROJECT LABOR.
Wages for project labor may be paid by the commissioner out of repairs and betterments
money if the individual is to be engaged in a construction project or a repair project of short-term
and nonrecurring nature. Compensation for project labor shall be based on the prevailing wage
rates, as defined in section 177.42, subdivision 6. Project laborers are excluded from the provisions
of sections 43A.22 to 43A.30, and shall not be eligible for state-paid insurance and benefits.
History: 1Sp2001 c 9 art 17 s 16; 2002 c 379 art 1 s 113
246.15 MONEY OF PATIENTS OR RESIDENTS.
    Subdivision 1. Record keeping of money. The head of the state-operated services facility or
designee under the jurisdiction of the commissioner of human services may have the care and
custody of all money belonging to patients or residents which may come into the head of the
state-operated services facility or designee's hands. The head of the state-operated services facility
or designee shall keep accurate accounts of the money, and pay them out under rules prescribed
by law or by the commissioner of human services, taking vouchers for the money. All money
received by any officer or employee shall be paid to the head of the state-operated services facility
or designee immediately. Every head of the state-operated services facility or designee, at the
close of each month, or earlier if required by the commissioner, shall forward to the commissioner
a statement of the amount of all money received and the names of the patients or residents from
whom received, accompanied by a check for the amount, payable to the commissioner of finance.
On receipt of the statement, the commissioner shall transmit the statement along with a check to
the commissioner of finance. Upon the payment of the check, the amount shall be credited to a
fund to be known as "Client Fund," for the institution from which the check was received. All
funds shall be paid out by the commissioner of finance upon vouchers duly approved by the
commissioner of human services. The commissioner may permit a contingent fund to remain in
the hands of the head of the state-operated services facility or designee of the institution from
which necessary expenditures may be made.
    Subd. 2. Correctional inmates fund. 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 be immediately transferred by the commissioner of human services to the
correctional inmates' fund created by section 241.08.
    Subd. 3. Savings account. The commissioner of human services shall create a savings
account for each patient receiving treatment in a secure treatment facility as defined by section
253B.02, subdivision 18a. The source of money to be deposited in this account shall come from
a portion of the patient's share of the cost of care. The money in this savings account shall be
made available to the patient when the patient is ready to be transitioned into the community.
The money in the account shall be used for expenses associated with obtaining housing and other
personal needs necessary for the patient's smooth transition into the community. The savings
account shall be called "forensic patient transition savings account."
History: (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; 2003 c 112 art 2 s 32;
1Sp2003 c 14 art 6 s 27; 2004 c 288 art 3 s 11
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.
History: 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.
    Subdivision 1. Unclaimed money. When money has accumulated in the hands of the head
of the state-operated services facility or designee under the jurisdiction of the commissioner
of human services money belonging to patients or residents of the institution who have died
there, or disappeared from there, and for which there is no claimant or person entitled to the
money known to the head of the state-operated services facility or designee the money may, at
the discretion of the head of the state-operated services facility or designee, be expended under
the direction of the head of the state-operated services facility or designee for the benefit of the
patients or residents of the institution. No money shall be used until it has remained unclaimed
for at least five years. If, at any time after the expiration of the five years, the legal heirs of the
patients or residents appear and make proper proof of heirship, they shall be entitled to receive
from the state the sum of money expended by the head of the state-operated services facility or
designee belonging to the patient or resident.
    Subd. 2. Unclaimed personal property. When any patient or resident of a state-operated
services facility under the jurisdiction of the commissioner of human services dies or disappears
from the state-operated services facility, leaving personal property exclusive of money in the
custody of the head of the state-operated services facility or designee and the property remains
unclaimed for a period of two years, with no person entitled to the property known to the head of
the state-operated services or designee, the head of the state-operated services facility or designee
may sell the property at public auction. Notice of the sale shall be published for two consecutive
weeks in a legal newspaper in the county where the state-operated services facility is located and
shall state the time and place of the sale. The proceeds of the sale, after deduction of the costs
of publication and auction, may be expended, at the discretion of the head of the state-operated
services facility or designee, for the benefit of the patients or residents of the state-operated
services facility. Any patient or resident, or heir or representative of the patient or resident, may file
with, and make proof of ownership to, the head of the state-operated services facility or designee
of the state-operated services facility disposing of the personal property within four years after
the sale, and, upon satisfactory proof to the head of the state-operated services or designee, shall
certify for payment to the commissioner of finance the amount received by the sale of the 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.
History: (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; 2003 c 112 art 2 s 50; 1Sp2003 c 14 art 6 s 28
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 the
statement, the commissioner shall transmit the same to the commissioner of finance, who shall
deliver 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 commissioner of finance 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 funded through a direct
appropriation from the legislature, any state-operated program or service established and operated
as an enterprise activity shall retain the revenues earned in an interest-bearing account.
When the commissioner determines the intent to transition from a direct appropriation to
enterprise activity for which the commissioner has authority, all collections for the targeted
state-operated service shall be retained and deposited into an interest-bearing account. At the
end of the fiscal year, prior to establishing the enterprise activity, collections up to the amount
of the appropriation for the targeted service shall be deposited to the general fund. All funds in
excess of the amount of the appropriation will be retained and used by the enterprise activity for
cash flow purposes.
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.[Repealed, 1Sp2001 c 10 art 2 s 102]
History: (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; 1999 c 245 art 5 s 10; 2000 c 492 art 1 s 58; 2003 c 112 art 2 s 33,50
246.19 [Repealed, 1Sp2003 c 14 art 6 s 68]
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 to secure the contingent fund for
each institution.
History: (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; 2003 c 112 art 2 s 34
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, developmental disabilities, 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.
History: (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; 2005 c 56 s 1
246.234 RECIPROCAL EXCHANGE OF CERTAIN PERSONS.
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 developmental disabilities 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.
History: 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; 2005 c 56 s 1
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.
History: (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 REQUIRED.
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.
History: 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.
History: 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
246.30 [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]
246.325 GARDEN OF REMEMBRANCE.
The cemetery located on the grounds of the Cambridge State Hospital shall be known as
the Garden of Remembrance. The commissioner of human services shall approve the wording
and design for a sign at the cemetery indicating its name. The commissioner may approve a
temporary sign before the permanent sign is completed and installed. All costs related to the sign
must be paid with nonstate funds.
History: 2005 c 29 s 1
246.33 CEMETERY.
    Subdivision 1. Cemetery and burial for individual in a state institution. 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. Land surveyance required. The land shall be surveyed and a plat thereof made.
    Subd. 3. Marking cemetery boundary. A stone or other monument shall be established to
mark each corner of such cemetery, and its location shown on the plat.
    Subd. 4. Plots in cemetery. 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. Surveyor certification. The surveyor shall certify as to the correctness of the
plat by endorsement.
    Subd. 6. County recording. 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.
History: 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. Requirements for reburial. 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. District court approval needed. 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. Court order. 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.
History: 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.
History: 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 16C. 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.
History: 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; 1998 c 386 art 2 s 74
246.37 [Renumbered 243.84]
246.38 [Renumbered 243.85]
246.39 [Renumbered 243.86]
246.40 [Renumbered 243.87]
246.41 BENEFIT FOR PERSONS WITH DEVELOPMENTAL DISABILITIES.
    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
developmental disabilities.
    Subd. 2. Special welfare fund. Any money so received by the commissioner shall be
deposited with the commissioner of finance in a special welfare fund, which fund is to be
used by the commissioner of human services for the benefit of persons with developmental
disabilities within the state, including those within state hospitals. And, without excluding other
possible uses, research relating to persons with developmental disabilities 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.
History: 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; 2003 c 112 art 2 s 50; 2005 c 56 s 1
246.42 [Repealed, 1Sp2003 c 14 art 6 s 68]
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]
History: 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 commissioner of finance 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 developmental disabilities. 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."
History: 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; 2003 c 112 art 2
s 50; 2005 c 56 s 1
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.
History: 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.
History: 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.
History: 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.
History: 1987 c 403 art 2 s 53; 1989 c 282 art 2 s 218
246.54 LIABILITY OF COUNTY; REIMBURSEMENT.
    Subdivision 1. County portion for cost of care. (a) 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 or a state nursing
facility 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 equal a percentage 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 or a state nursing facility according to the following schedule:
    (1) zero percent for the first 30 days;
    (2) 20 percent for days 31 to 60; and
    (3) 50 percent for any days over 60.
    (b) The increase in the county portion for cost of care under paragraph (a), clause (3),
shall be imposed when the treatment facility has determined that it is clinically appropriate for
the client to be discharged.
    (c) If payments received by the state under sections 246.50 to 246.53 exceed 80 percent of
the cost of care for days 31 to 60, or 50 percent for days over 60, 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.
    Subd. 2. Exceptions. (a) Subdivision 1 does not apply to services provided at the Minnesota
Security Hospital, the Minnesota sex offender program, or the Minnesota extended treatment
options program. For services at these facilities, 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 the facility. 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.
    (b) Regardless of the facility to which the client is committed, subdivision 1 does not apply
to the following individuals:
    (1) clients who are committed as mentally ill and dangerous under section 253B.02,
subdivision 17;
    (2) clients who are committed as sexual psychopathic personalities under section 253B.02,
subdivision 18b
; and
    (3) clients who are committed as sexually dangerous persons under section 253B.02,
subdivision 18c.
    For each of the individuals in clauses (1) to (3), the payment by the county to the state shall
equal ten percent of the cost of care for each day as determined by the commissioner.
History: 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; 1Sp2003 c 14 art 3 s 4; 2007 c 147 art 8 s 12,13
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.
History: 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 WORK ACTIVITY FOR CERTAIN PATIENTS OR RESIDENTS.
    Subdivision 1. Therapeutic work activities. The commissioner of human services is
hereby authorized to establish 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 developmental disabilities. 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 disabled 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
education, 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. Indirect costs and reimbursements. 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.
History: 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; 2003 c 130 s 12; 2004 c 206 s 33; 2005 c 56 s 1
246.57 SHARED SERVICE AGREEMENTS.
    Subdivision 1. Authorized. The commissioner of human services may authorize any
state-operated services 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.
Positions funded by a shared service agreement are authorized 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 state-operated service that provided the services.
    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
state-operated services to provide staff or services to Camp Confidence in return for services to,
or use of the camp's facilities by, residents of the facility who have developmental disabilities.
    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
state-operated services facility 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. 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.
History: 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;
1998 c 386 art 2 s 75,76; 1Sp2003 c 14 art 6 s 29-31; 2005 c 56 s 1
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.
History: 1976 c 163 s 48; 1984 c 654 art 5 s 58
246.59 LODGING; FOOD; DOMESTIC SERVICE.
    Subdivision 1. Fair rental rate established. 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. Quarter and stipend allowance. 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. Limitation on expenses. 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. Prohibition on use of state funds for certain purposes. 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.
History: 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.
History: 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 unemployment benefits 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.
History: 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; 1999 c 107 s 66; 2000 c 343 s 4
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.
History: 1989 c 282 art 6 s 10

BLOODBORNE PATHOGENS; SECURE

TREATMENT FACILITY EMPLOYEES

246.71 DEFINITIONS.
    Subdivision 1. Scope. For purposes of sections 246.71 to 246.722, the following terms
have the meaning given them.
    Subd. 2. Bloodborne pathogens. "Bloodborne pathogens" means pathogenic
microorganisms that are present in human blood and can cause disease in humans. These
pathogens include, but are not limited to, hepatitis B virus (HBV), hepatitis C virus (HCV),
and human immunodeficiency virus (HIV).
    Subd. 3. Patient. "Patient" means any person who is receiving treatment from or committed
to a secure treatment facility.
    Subd. 4. Employee of a secure treatment facility or employee. "Employee of a secure
treatment facility" or "employee" means an employee of the Minnesota Security Hospital or a
secure treatment facility operated by the Minnesota sex offender program.
    Subd. 5. Secure treatment facility. "Secure treatment facility" means the Minnesota
Security Hospital and the Minnesota sex offender program facility in Moose Lake and any portion
of the Minnesota sex offender program operated by the Minnesota sex offender program at the
Minnesota Security Hospital.
    Subd. 6. Significant exposure. "Significant exposure" means contact likely to transmit a
bloodborne pathogen, in a manner supported by the most current guidelines and recommendations
of the United States Public Health Service at the time an evaluation takes place, that includes:
(1) percutaneous injury, contact of mucous membrane or nonintact skin, or prolonged
contact of intact skin; and
(2) contact, in a manner that may transmit a bloodborne pathogen, with blood, tissue, or
potentially infectious body fluids.
History: 2000 c 422 s 40; 1Sp2003 c 14 art 6 s 32,33
246.711 CONDITIONS FOR APPLICABILITY OF PROCEDURES.
    Subdivision 1. Request for procedures. An employee of a secure treatment facility may
request that the procedures of sections 246.71 to 246.722 be followed when the employee may
have experienced a significant exposure to a patient.
    Subd. 2. Conditions. The secure treatment facility shall follow the procedures in sections
246.71 to 246.722 when all of the following conditions are met:
(1) a licensed physician determines that a significant exposure has occurred following the
protocol under section 246.721;
(2) the licensed physician for the employee needs the patient's bloodborne pathogens
test results to begin, continue, modify, or discontinue treatment in accordance with the most
current guidelines of the United States Public Health Service, because of possible exposure to a
bloodborne pathogen; and
(3) the employee consents to providing a blood sample for testing for a bloodborne pathogen.
History: 2000 c 422 s 41
246.712 INFORMATION REQUIRED TO BE GIVEN TO INDIVIDUALS.
    Subdivision 1. Information to patient. (a) Before seeking any consent required by the
procedures under sections 246.71 to 246.722, a secure treatment facility shall inform the patient
that the patient's bloodborne pathogen test results, without the patient's name or other uniquely
identifying information, shall be reported to the employee if requested and that test results
collected under sections 246.71 to 246.722 are for medical purposes as set forth in section 246.718
and may not be used as evidence in any criminal proceedings or civil proceedings, except for
procedures under sections 144.4171 to 144.4186.
(b) The secure treatment facility shall inform the patient of the insurance protections in
section 72A.20, subdivision 29.
(c) The secure treatment facility shall inform the patient that the patient may refuse to
provide a blood sample and that the patient's refusal may result in a request for a court order to
require the patient to provide a blood sample.
(d) The secure treatment facility shall inform the patient that the secure treatment facility
will advise the employee of a secure treatment facility of the confidentiality requirements and
penalties before the employee's health care provider discloses any test results.
    Subd. 2. Information to secure treatment facility employee. (a) Before disclosing any
information about the patient, the secure treatment facility shall inform the employee of a secure
treatment facility of the confidentiality requirements of section 246.719 and that the person may be
subject to penalties for unauthorized release of test results about the patient under section 246.72.
(b) The secure treatment facility shall inform the employee of the insurance protections
in section 72A.20, subdivision 29.
History: 2000 c 422 s 42
246.713 DISCLOSURE OF POSITIVE BLOODBORNE PATHOGEN TEST RESULTS.
If the conditions of sections 246.711 and 246.712 are met, the secure treatment facility shall
ask the patient if the patient has ever had a positive test for a bloodborne pathogen. The secure
treatment facility must attempt to get existing test results under this section before taking any
steps to obtain a blood sample or to test for bloodborne pathogens. The secure treatment facility
shall disclose the patient's bloodborne pathogen test results to the employee without the patient's
name or other uniquely identifying information.
History: 2000 c 422 s 43
246.714 CONSENT PROCEDURES GENERALLY.
(a) For purposes of sections 246.71 to 246.722, whenever the secure treatment facility is
required to seek consent, the secure treatment facility shall obtain consent from a patient or a
patient's representative consistent with other law applicable to consent.
(b) Consent is not required if the secure treatment facility has made reasonable efforts to
obtain the representative's consent and consent cannot be obtained within 24 hours of a significant
exposure.
(c) If testing of available blood occurs without consent because the patient is unconscious or
unable to provide consent, and a representative cannot be located, the secure treatment facility
shall provide the information required in section 246.712 to the patient or representative whenever
it is possible to do so.
(d) If a patient dies before an opportunity to consent to blood collection or testing under
sections 246.71 to 246.722, the secure treatment facility does not need consent of the patient's
representative for purposes of sections 246.71 to 246.722.
History: 2000 c 422 s 44
246.715 TESTING OF AVAILABLE BLOOD.
    Subdivision 1. Procedures with consent. If a sample of the patient's blood is available, the
secure treatment facility shall ensure that blood is tested for bloodborne pathogens with the
consent of the patient, provided the conditions in sections 246.711 and 246.712 are met.
    Subd. 2. Procedures without consent. If the patient has provided a blood sample, but does
not consent to bloodborne pathogens testing, the secure treatment facility shall ensure that the
blood is tested for bloodborne pathogens if the employee requests the test, provided all of the
following criteria are met:
(1) the employee and secure treatment facility have documented exposure to blood or body
fluids during performance of the employee's work duties;
(2) a licensed physician has determined that a significant exposure has occurred under section
246.711 and has documented that bloodborne pathogen test results are needed for beginning,
modifying, continuing, or discontinuing medical treatment for the employee as recommended by
the most current guidelines of the United States Public Health Service;
(3) the employee provides a blood sample for testing for bloodborne pathogens as soon
as feasible;
(4) the secure treatment facility asks the patient to consent to a test for bloodborne pathogens
and the patient does not consent;
(5) the secure treatment facility has provided the patient and the employee with all of the
information required by section 246.712; and
(6) the secure treatment facility has informed the employee of the confidentiality
requirements of section 246.719 and the penalties for unauthorized release of patient information
under section 246.72.
    Subd. 3. Follow-up. The secure treatment facility shall inform the patient whose blood was
tested of the results. The secure treatment facility shall inform the employee's health care provider
of the patient's test results without the patient's name or other uniquely identifying information.
History: 2000 c 422 s 45
246.716 BLOOD SAMPLE COLLECTION FOR TESTING.
    Subdivision 1. Procedures with consent. (a) If a blood sample is not otherwise available,
the secure treatment facility shall obtain consent from the patient before collecting a blood sample
for testing for bloodborne pathogens. The consent process shall include informing the patient
that the patient may refuse to provide a blood sample and that the patient's refusal may result in a
request for a court order under subdivision 2 to require the patient to provide a blood sample.
(b) If the patient consents to provide a blood sample, the secure treatment facility shall
collect a blood sample and ensure that the sample is tested for bloodborne pathogens.
(c) The secure treatment facility shall inform the employee's health care provider about the
patient's test results without the patient's name or other uniquely identifying information. The
secure treatment facility shall inform the patient of the test results.
(d) If the patient refuses to provide a blood sample for testing, the secure treatment facility
shall inform the employee of the patient's refusal.
    Subd. 2. Procedures without consent. (a) A secure treatment facility or an employee of
a secure treatment facility may bring a petition for a court order to require a patient to provide
a blood sample for testing for bloodborne pathogens. The petition shall be filed in the district
court in the county where the patient is receiving treatment from the secure treatment facility. The
secure treatment facility shall serve the petition on the patient three days before a hearing on the
petition. The petition shall include one or more affidavits attesting that:
(1) the secure treatment facility followed the procedures in sections 246.71 to 246.722 and
attempted to obtain bloodborne pathogen test results according to those sections;
(2) a licensed physician knowledgeable about the most current recommendations of the
United States Public Health Service has determined that a significant exposure has occurred to the
employee of a secure treatment facility under section 246.721; and
(3) a physician has documented that the employee has provided a blood sample and
consented to testing for bloodborne pathogens and bloodborne pathogen test results are needed
for beginning, continuing, modifying, or discontinuing medical treatment for the employee under
section 246.721.
(b) Facilities shall cooperate with petitioners in providing any necessary affidavits to the
extent that facility staff can attest under oath to the facts in the affidavits.
(c) The court may order the patient to provide a blood sample for bloodborne pathogen
testing if:
(1) there is probable cause to believe the employee of a secure treatment facility has
experienced a significant exposure to the patient;
(2) the court imposes appropriate safeguards against unauthorized disclosure that must
specify the persons who have access to the test results and the purposes for which the test
results may be used;
(3) a licensed physician for the employee of a secure treatment facility needs the test results
for beginning, continuing, modifying, or discontinuing medical treatment for the employee; and
(4) the court finds a compelling need for the test results. In assessing compelling need,
the court shall weigh the need for the court-ordered blood collection and test results against
the interests of the patient, including, but not limited to, privacy, health, safety, or economic
interests. The court shall also consider whether involuntary blood collection and testing would
serve the public interests.
(d) The court shall conduct the proceeding in camera unless the petitioner or the patient
requests a hearing in open court and the court determines that a public hearing is necessary to the
public interest and the proper administration of justice.
(e) The patient may arrange for counsel in any proceeding brought under this subdivision.
History: 2000 c 422 s 46
246.717 NO DISCRIMINATION.
A secure treatment facility shall not withhold care or treatment on the requirement that the
patient consent to bloodborne pathogen testing under sections 246.71 to 246.722.
History: 2000 c 422 s 47
246.718 USE OF TEST RESULTS.
Bloodborne pathogen test results of a patient obtained under sections 246.71 to 246.722 are
for diagnostic purposes and to determine the need for treatment or medical care specific to a
bloodborne pathogen-related illness. The test results may not be used as evidence in any criminal
proceedings or civil proceedings, except for procedures under sections 144.4171 to 144.4186.
History: 2000 c 422 s 48
246.719 TEST INFORMATION CONFIDENTIALITY.
Test results obtained under sections 246.71 to 246.722 are private data as defined in sections
13.02, subdivision 12, and 13.85, subdivision 2, but shall be released as provided by sections
246.71 to 246.722.
History: 2000 c 422 s 49
246.72 PENALTY FOR UNAUTHORIZED RELEASE OF INFORMATION.
Unauthorized release of the patient's name or other uniquely identifying information under
sections 246.71 to 246.722 is subject to the remedies and penalties under sections 13.08 and
13.09. This section does not preclude private causes of action against an individual, state agency,
statewide system, political subdivision, or person responsible for releasing private data, or
confidential or private information on the inmate.
History: 2000 c 422 s 50
246.721 PROTOCOL FOR EXPOSURE TO BLOODBORNE PATHOGENS.
(a) A secure treatment facility shall follow applicable Occupational Safety and Health
Administration guidelines under Code of Federal Regulations, title 29, part 1910.1030, for
bloodborne pathogens.
(b) Every secure treatment facility shall adopt and follow a postexposure protocol for
employees at a secure treatment facility who have experienced a significant exposure. The
postexposure protocol must adhere to the most current recommendations of the United States
Public Health Service and include, at a minimum, the following:
(1) a process for employees to report an exposure in a timely fashion;
(2) a process for an infectious disease specialist, or a licensed physician who is
knowledgeable about the most current recommendations of the United States Public Health
Service in consultation with an infectious disease specialist, (i) to determine whether a significant
exposure to one or more bloodborne pathogens has occurred, and (ii) to provide, under the
direction of a licensed physician, a recommendation or recommendations for follow-up treatment
appropriate to the particular bloodborne pathogen or pathogens for which a significant exposure
has been determined;
(3) if there has been a significant exposure, a process to determine whether the patient has a
bloodborne pathogen through disclosure of test results, or through blood collection and testing as
required by sections 246.71 to 246.722;
(4) a process for providing appropriate counseling prior to and following testing for a
bloodborne pathogen regarding the likelihood of bloodborne pathogen transmission and follow-up
recommendations according to the most current recommendations of the United States Public
Health Service, recommendations for testing, and treatment;
(5) a process for providing appropriate counseling under clause (4) to the employee of a
secure treatment facility and to the patient; and
(6) compliance with applicable state and federal laws relating to data practices,
confidentiality, informed consent, and the patient bill of rights.
History: 2000 c 422 s 51
246.722 IMMUNITY.
A secure treatment facility, licensed physician, and designated health care personnel are
immune from liability in any civil, administrative, or criminal action relating to the disclosure of
test results of a patient to an employee of a secure treatment facility and the testing of a blood
sample from the patient for bloodborne pathogens if a good faith effort has been made to comply
with sections 246.71 to 246.722.
History: 2000 c 422 s 52

Official Publication of the State of Minnesota
Revisor of Statutes