Bill Text: MN HF364 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Detoxification services interstate contracts provided.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-03-16 - Committee report, to pass and re-refer to Health and Human Services Finance [HF364 Detail]
Download: Minnesota-2011-HF364-Introduced.html
1.2relating to chemical health; providing interstate contracts for detoxification
1.3services; amending Minnesota Statutes 2010, section 245.50.1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2010, section 245.50, is amended to read:
1.6245.50 INTERSTATE CONTRACTS, MENTAL HEALTH, CHEMICAL
1.7HEALTH, DETOXIFICATION SERVICES.
1.8 Subdivision 1. Definitions. For purposes of this section, the following terms have
1.9the meanings given them.
1.10(a) "Bordering state" means Iowa, North Dakota, South Dakota, or Wisconsin.
1.11(b) "Receiving agency" means a public or private hospital, mental health center,
1.12chemical health treatment facility, detoxification facility, or other person or organization
1.13which provides mental healthor, chemical health, or detoxification services under this
1.14section to individuals from a state other than the state in which the agency is located.
1.15(c) "Receiving state" means the state in which a receiving agency is located.
1.16(d) "Sending agency" means a state or county agency which sends an individual to a
1.17bordering state for treatment or detoxification under this section.
1.18(e) "Sending state" means the state in which the sending agency is located.
1.19 Subd. 2. Purpose and authority. (a) The purpose of this section is to enable
1.20appropriate treatment or detoxification services to be provided to individuals, across state
1.21lines from the individual's state of residence, in qualified facilities that are closer to the
1.22homes of individuals than are facilities available in the individual's home state.
1.23(b) Unless prohibited by another law and subject to the exceptions listed in
1.24subdivision 3, a county board or the commissioner of human services may contract
2.1with an agency or facility in a bordering state for mental healthor, chemical health, or
2.2detoxification services for residents of Minnesota, and a Minnesota mental healthor,
2.3chemical health, or detoxification agency or facility may contract to provide services to
2.4residents of bordering states. Except as provided in subdivision 5, a person who receives
2.5services in another state under this section is subject to the laws of the state in which
2.6services are provided. A person who will receive services in another state under this
2.7section must be informed of the consequences of receiving services in another state,
2.8including the implications of the differences in state laws, to the extent the individual will
2.9be subject to the laws of the receiving state.
2.10 Subd. 3. Exceptions. A contract may not be entered into under this section for
2.11services to persons who:
2.12(1) are serving a sentence after conviction of a criminal offense;
2.13(2) are on probation or parole;
2.14(3) are the subject of a presentence investigation; or
2.15(4) have been committed involuntarily in Minnesota under chapter 253B for
2.16treatment of mental illness or chemical dependency, except as provided under subdivision
2.175.
2.18 Subd. 4. Contracts. Contracts entered into under this section must, at a minimum:
2.19(1) describe the services to be provided;
2.20(2) establish responsibility for the costs of services;
2.21(3) establish responsibility for the costs of transporting individuals receiving
2.22services under this section;
2.23(4) specify the duration of the contract;
2.24(5) specify the means of terminating the contract;
2.25(6) specify the terms and conditions for refusal to admit or retain an individual; and
2.26(7) identify the goals to be accomplished by the placement of an individual under
2.27this section.
2.28 Subd. 5. Special contracts; bordering states. (a) An individual who is detained,
2.29committed, or placed on an involuntary basis under chapter 253B may be confined or
2.30treated in a bordering state pursuant to a contract under this section. An individual
2.31who is detained, committed, or placed on an involuntary basis under the civil law of a
2.32bordering state may be confined or treated in Minnesota pursuant to a contract under
2.33this section. A peace or health officer who is acting under the authority of the sending
2.34state may transport an individual to a receiving agency that provides services pursuant to
2.35a contract under this section and may transport the individual back to the sending state
2.36under the laws of the sending state. Court orders valid under the law of the sending state
3.1are granted recognition and reciprocity in the receiving state for individuals covered by
3.2a contract under this section to the extent that the court orders relate to confinement for
3.3treatment or care of mental illnessor, chemical dependency, or detoxification. Such
3.4treatment or care may address other conditions that may be co-occurring with the mental
3.5illness or chemical dependency. These court orders are not subject to legal challenge in
3.6the courts of the receiving state. Individuals who are detained, committed, or placed under
3.7the law of a sending state and who are transferred to a receiving state under this section
3.8continue to be in the legal custody of the authority responsible for them under the law
3.9of the sending state. Except in emergencies, those individuals may not be transferred,
3.10removed, or furloughed from a receiving agency without the specific approval of the
3.11authority responsible for them under the law of the sending state.
3.12 (b) While in the receiving state pursuant to a contract under this section, an
3.13individual shall be subject to the sending state's laws and rules relating to length of
3.14confinement, reexaminations, and extensions of confinement. No individual may be sent
3.15to another state pursuant to a contract under this section until the receiving state has
3.16enacted a law recognizing the validity and applicability of this section.
3.17 (c) If an individual receiving services pursuant to a contract under this section leaves
3.18the receiving agency without permission and the individual is subject to involuntary
3.19confinement under the law of the sending state, the receiving agency shall use all
3.20reasonable means to return the individual to the receiving agency. The receiving agency
3.21shall immediately report the absence to the sending agency. The receiving state has the
3.22primary responsibility for, and the authority to direct, the return of these individuals
3.23within its borders and is liable for the cost of the action to the extent that it would be
3.24liable for costs of its own resident.
3.25 (d) Responsibility for payment for the cost of care remains with the sending agency.
3.26 (e) This subdivision also applies to county contracts under subdivision 2 which
3.27include emergency care and treatment provided to a county resident in a bordering state.
3.28 (f) If a Minnesota resident is admitted to a facility in a bordering state under this
3.29chapter, a physician, licensed psychologist who has a doctoral degree in psychology, or
3.30an advance practice registered nurse certified in mental health, who is licensed in the
3.31bordering state, may act as an examiner under sections253B.07 ,
253B.08 ,
253B.092 ,
3.32253B.12
, and
253B.17 subject to the same requirements and limitations in section
3.33253B.02, subdivision 7
. Such examiner may initiate an emergency hold under section
3.34253B.05
on a Minnesota resident who is in a hospital that is under contract with a
3.35Minnesota governmental entity under this section provided the resident, in the opinion of
3.36the examiner, meets the criteria in section253B.05 .
4.1(g) This section shall apply to detoxification services that are unrelated to treatment
4.2whether the services are provided on a voluntary or involuntary basis.
1.3services; amending Minnesota Statutes 2010, section 245.50.1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2010, section 245.50, is amended to read:
1.6245.50 INTERSTATE CONTRACTS, MENTAL HEALTH, CHEMICAL
1.7HEALTH, DETOXIFICATION SERVICES.
1.8 Subdivision 1. Definitions. For purposes of this section, the following terms have
1.9the meanings given them.
1.10(a) "Bordering state" means Iowa, North Dakota, South Dakota, or Wisconsin.
1.11(b) "Receiving agency" means a public or private hospital, mental health center,
1.12chemical health treatment facility, detoxification facility, or other person or organization
1.13which provides mental health
1.14section to individuals from a state other than the state in which the agency is located.
1.15(c) "Receiving state" means the state in which a receiving agency is located.
1.16(d) "Sending agency" means a state or county agency which sends an individual to a
1.17bordering state for treatment or detoxification under this section.
1.18(e) "Sending state" means the state in which the sending agency is located.
1.19 Subd. 2. Purpose and authority. (a) The purpose of this section is to enable
1.20appropriate treatment or detoxification services to be provided to individuals, across state
1.21lines from the individual's state of residence, in qualified facilities that are closer to the
1.22homes of individuals than are facilities available in the individual's home state.
1.23(b) Unless prohibited by another law and subject to the exceptions listed in
1.24subdivision 3, a county board or the commissioner of human services may contract
2.1with an agency or facility in a bordering state for mental health
2.2detoxification services for residents of Minnesota, and a Minnesota mental health
2.3chemical health, or detoxification agency or facility may contract to provide services to
2.4residents of bordering states. Except as provided in subdivision 5, a person who receives
2.5services in another state under this section is subject to the laws of the state in which
2.6services are provided. A person who will receive services in another state under this
2.7section must be informed of the consequences of receiving services in another state,
2.8including the implications of the differences in state laws, to the extent the individual will
2.9be subject to the laws of the receiving state.
2.10 Subd. 3. Exceptions. A contract may not be entered into under this section for
2.11services to persons who:
2.12(1) are serving a sentence after conviction of a criminal offense;
2.13(2) are on probation or parole;
2.14(3) are the subject of a presentence investigation; or
2.15(4) have been committed involuntarily in Minnesota under chapter 253B for
2.16treatment of mental illness or chemical dependency, except as provided under subdivision
2.175.
2.18 Subd. 4. Contracts. Contracts entered into under this section must, at a minimum:
2.19(1) describe the services to be provided;
2.20(2) establish responsibility for the costs of services;
2.21(3) establish responsibility for the costs of transporting individuals receiving
2.22services under this section;
2.23(4) specify the duration of the contract;
2.24(5) specify the means of terminating the contract;
2.25(6) specify the terms and conditions for refusal to admit or retain an individual; and
2.26(7) identify the goals to be accomplished by the placement of an individual under
2.27this section.
2.28 Subd. 5. Special contracts; bordering states. (a) An individual who is detained,
2.29committed, or placed on an involuntary basis under chapter 253B may be confined or
2.30treated in a bordering state pursuant to a contract under this section. An individual
2.31who is detained, committed, or placed on an involuntary basis under the civil law of a
2.32bordering state may be confined or treated in Minnesota pursuant to a contract under
2.33this section. A peace or health officer who is acting under the authority of the sending
2.34state may transport an individual to a receiving agency that provides services pursuant to
2.35a contract under this section and may transport the individual back to the sending state
2.36under the laws of the sending state. Court orders valid under the law of the sending state
3.1are granted recognition and reciprocity in the receiving state for individuals covered by
3.2a contract under this section to the extent that the court orders relate to confinement for
3.3treatment or care of mental illness
3.4treatment or care may address other conditions that may be co-occurring with the mental
3.5illness or chemical dependency. These court orders are not subject to legal challenge in
3.6the courts of the receiving state. Individuals who are detained, committed, or placed under
3.7the law of a sending state and who are transferred to a receiving state under this section
3.8continue to be in the legal custody of the authority responsible for them under the law
3.9of the sending state. Except in emergencies, those individuals may not be transferred,
3.10removed, or furloughed from a receiving agency without the specific approval of the
3.11authority responsible for them under the law of the sending state.
3.12 (b) While in the receiving state pursuant to a contract under this section, an
3.13individual shall be subject to the sending state's laws and rules relating to length of
3.14confinement, reexaminations, and extensions of confinement. No individual may be sent
3.15to another state pursuant to a contract under this section until the receiving state has
3.16enacted a law recognizing the validity and applicability of this section.
3.17 (c) If an individual receiving services pursuant to a contract under this section leaves
3.18the receiving agency without permission and the individual is subject to involuntary
3.19confinement under the law of the sending state, the receiving agency shall use all
3.20reasonable means to return the individual to the receiving agency. The receiving agency
3.21shall immediately report the absence to the sending agency. The receiving state has the
3.22primary responsibility for, and the authority to direct, the return of these individuals
3.23within its borders and is liable for the cost of the action to the extent that it would be
3.24liable for costs of its own resident.
3.25 (d) Responsibility for payment for the cost of care remains with the sending agency.
3.26 (e) This subdivision also applies to county contracts under subdivision 2 which
3.27include emergency care and treatment provided to a county resident in a bordering state.
3.28 (f) If a Minnesota resident is admitted to a facility in a bordering state under this
3.29chapter, a physician, licensed psychologist who has a doctoral degree in psychology, or
3.30an advance practice registered nurse certified in mental health, who is licensed in the
3.31bordering state, may act as an examiner under sections
3.35Minnesota governmental entity under this section provided the resident, in the opinion of
3.36the examiner, meets the criteria in section
4.1(g) This section shall apply to detoxification services that are unrelated to treatment
4.2whether the services are provided on a voluntary or involuntary basis.
