2005 Minnesota Statutes

     254A.085 Hennepin County pilot alternative for chemical 
  dependency services. 

    The commissioner of human services shall grant variances 
 from the requirements of Minnesota Rules, parts 9530.4100 to 
 9530.4450, and the commissioner of health shall grant variances 
 from the requirements of Minnesota Rules, parts 4665.0100 to 
 4665.9900, that are consistent with the provisions of this 
 section and do not compromise the health or safety of the 
 clients, to establish a nonmedical detoxification pilot program 
 in Hennepin County.  The program shall be designed to provide 
 care in a secure shelter for persons diverted or referred from 
 detoxification facilities, so as to prevent chronic recidivism 
 and ensure appropriate treatment referrals for persons who are 
 chemically dependent.  For purposes of this section, a "secure 
 shelter" is a facility licensed by the commissioner of human 
 services under Minnesota Rules, parts 9530.4100 to 9530.4450, 
 and this section, and by the commissioner of health as a 
 supervised living facility to provide care for chemically 
 dependent persons.  A secure shelter is considered a treatment 
 facility under section 253B.02, subdivision 19.  The secure 
 facility authorized by this section shall be licensed by the 
 commissioner of human services only after the county has entered 
 into a contract for the detoxification program authorized by 
 section 254A.086. 

    The pilot program established under this section must have 
 standards for using video and advocacy group members for 
 monitoring and surveillance to ensure the safety of clients and 
 staff.  In addition, in hiring staff, the program must ensure 
 that the criminal background check requirements of Minnesota 
 Rules, part 9543.3040, are met; and the commissioner of human 
 services must ensure compliance with chapter 245C.  The program 
 administrator and all staff of a secure shelter who observe or 
 have personal knowledge of violations of section 626.556 or 
 626.557 must report to the Office of the Ombudsman for Mental 
 Health and Mental Retardation within 24 hours of its occurrence, 
 any serious injury, as defined in section 245.91, subdivision 6, 
 or the death of a person admitted to the shelter.  The ombudsman 
 shall acknowledge in writing the receipt of all reports made to 
 the ombudsman's office under this section.  Acknowledgment must 
 be mailed to the facility and to the county social service 
 agency within five working days of the day the report was made.  
 In addition, the program administrator and staff of the facility 
 must comply with all of the requirements of section 626.557, the 
 Vulnerable Adults Act.  If the program administrator does not 
 suspend the alleged perpetrator during the pendency of the 
 investigation, reasons for not doing so must be given to the 
 ombudsman in writing. 

    The licenseholder, in coordination with the commissioner of 
 human services, shall keep detailed records of admissions, 
 length of stay, client outcomes according to standards set by 
 the commissioner, discharge destinations, referrals, and costs 
 of the program.  The commissioner of human services shall report 
 to the legislature by February 15, 1996, on the operation of the 
 program and shall include recommendations on whether such a 
 program has been shown to be an effective, safe, and 
 cost-efficient way to serve clients. 

    HIST: 1Sp1993 c 1 art 3 s 18; 1Sp2001 c 9 art 14 s 35; 2003 c 
 15 art 1 s 33