2001 Minnesota Statutes

     253B.045 Temporary confinement. 

    Subdivision 1.    Restriction.  Except when ordered by 
 the court pursuant to a finding of necessity to protect the life 
 of the proposed patient or others, no person subject to the 
 provisions of this chapter shall be confined in a jail or 
 correctional institution, except pursuant to chapter 242 or 244. 

    Subd. 2.    Facilities.  Each county or a group of 
 counties shall maintain or provide by contract a facility for 
 confinement of persons held temporarily for observation, 
 evaluation, diagnosis, treatment, and care.  When the temporary 
 confinement is provided at a regional center, the commissioner 
 shall charge the county of financial responsibility for the 
 costs of confinement of persons hospitalized under section 
 253B.05, subdivisions 1 and 2, and section 253B.07, subdivision 
 2b, except that the commissioner shall bill the responsible 
 prepaid plan for medically necessary hospitalizations for 
 individuals enrolled in a prepaid plan under contract to provide 
 medical assistance, general assistance medical care, or 
 MinnesotaCare services.  If the prepaid plan determines under 
 the terms of the medical assistance, general assistance medical 
 care, or MinnesotaCare contract that a hospitalization was not 
 medically necessary, the county is responsible.  "County of 
 financial responsibility" means the county in which the person 
 resides at the time of confinement or, if the person has no 
 residence in this state, the county which initiated the 
 confinement.  The charge shall be based on the commissioner's 
 determination of the cost of care pursuant to section 246.50, 
 subdivision 5.  When there is a dispute as to which county is 
 the county of financial responsibility, the county charged for 
 the costs of confinement shall pay for them pending final 
 determination of the dispute over financial responsibility.  
 Disputes about the county of financial responsibility shall be 
 submitted to the commissioner to be settled in the manner 
 prescribed in section 256G.09. 

    Subd. 3.    Cost of care.  Notwithstanding subdivision 
 2, a county shall be responsible for the cost of care as 
 specified under section 246.54 for persons hospitalized at a 
 regional treatment center in accordance with section 253B.09 and 
 the person's legal status has been changed to a court hold under 
 section 253B.07, subdivision 2b, pending a judicial 
 determination regarding continued commitment pursuant to 
 sections 253B.12 and 253B.13. 

    Subd. 4.    Treatment.  The designated agency shall take 
 reasonable measures to assure proper care and treatment of a 
 person temporarily confined pursuant to this section.  

    Subd. 5.    Health plan company; definition.  For 
 purposes of this section, "health plan company" has the meaning 
 given it in section 62Q.01, subdivision 4, and also includes a 
 demonstration provider as defined in section 256B.69, 
 subdivision 2, paragraph (b), a county or group of counties 
 participating in county-based purchasing according to section 
 256B.692, and a children's mental health collaborative under 
 contract to provide medical assistance for individuals enrolled 
 in the prepaid medical assistance and MinnesotaCare programs 
 according to sections 245.493 to 245.496. 

    Subd. 6.    Coverage.  (a) For purposes of this section, 
 "mental health services" means all covered services that are 
 intended to treat or ameliorate an emotional, behavioral, or 
 psychiatric condition and that are covered by the policy, 
 contract, or certificate of coverage of the enrollee's health 
 plan company or by law. 

    (b) All health plan companies that provide coverage for 
 mental health services must cover or provide mental health 
 services ordered by a court of competent jurisdiction under a 
 court order that is issued on the basis of a behavioral care 
 evaluation performed by a licensed psychiatrist or a doctoral 
 level licensed psychologist, which includes a diagnosis and an 
 individual treatment plan for care in the most appropriate, 
 least restrictive environment.  The health plan company must be 
 given a copy of the court order and the behavioral care 
 evaluation.  The health plan company shall be financially liable 
 for the evaluation if performed by a participating provider of 
 the health plan company and shall be financially liable for the 
 care included in the court-ordered individual treatment plan if 
 the care is covered by the health plan company and ordered to be 
 provided by a participating provider or another provider as 
 required by rule or law.  This court-ordered coverage must not 
 be subject to a separate medical necessity determination by a 
 health plan company under its utilization procedures. 

    HIST: 1982 c 581 s 11; 1983 c 141 s 1; 1989 c 209 art 2 s 1; 
 1996 c 451 art 5 s 8; 1997 c 217 art 1 s 64,65,117; 1998 c 313 s 
 2,3; 1999 c 245 art 5 s 12,13; 1Sp2001 c 9 art 9 s 28