1.1 	A bill for an act
1.2 	relating to human services; implementing transfer of duties from the Department 
1.3 	of Human Services to the Department of Direct Care and Treatment; establishing 
1.4 	general executive board duties, powers, rulemaking authority, and contracting for 
1.5 	administrative services; making conforming changes;amending Minnesota Statutes 
1.6 	2022, sections 13.46, subdivisions 1, 10; 43A.241; 243.166, subdivision 7; 245.073; 
1.7 	245.462, subdivisions 22, 24; 245.464, subdivision 3; 245.466, subdivision 1; 
1.8 	245.474, subdivisions 1, 3; 245.4862, subdivision 7; 245.4871, subdivision 33; 
1.9 	245.696, subdivision 1; 245.697, subdivisions 1, 2a; 245.91, subdivision 2; 245.94, 
1.10 	subdivision 1; 245D.10, subdivision 3a; 246.0141; 246.018, subdivisions 1, 2, 3, 
1.11 	4; 246.12; 246.129; 246.13, subdivisions 1, 2, 3, 4; 246.14; 246.141; 246.15, 
1.12 	subdivisions 1, 3; 246.151, subdivisions 1, 2; 246.16; 246.18, subdivisions 1, 4, 
1.13 	4a, 5, 6; 246.23; 246.234; 246.24; 246.27; 246.325; 246.33, subdivisions 1, 2, 3, 
1.14 	4, 5, 6; 246.34, subdivisions 1, 2, 3; 246.35; 246.36; 246.41, subdivisions 1, 2, 3; 
1.15 	246.50, subdivisions 1, 5, 6, 7, 8, 11; 246.51, subdivisions 1a, 1b, 2; 246.511; 
1.16 	246.52; 246.53, subdivisions 1, 2, 4; 246.531, subdivisions 1, 2; 246.54, subdivision 
1.17 	1; 246.55; 246.56, subdivisions 1, 2, 3; 246.57, subdivision 4; 246.64, subdivisions 
1.18 	1, 2, 3; 246.71, subdivision 2; 246.716, subdivision 2; 246.72; 246.721; 246B.01, 
1.19 	subdivisions 2, 2b; 246B.03, subdivision 1; 246B.04, subdivision 1, by adding a 
1.20 	subdivision; 246B.06, subdivisions 1, 2, 3, 4; 251.012, subdivision 3; 251.041; 
1.21 	251.042; 251.043; 251.17; 252.021; 252.50, subdivisions 4, 5, 10; 253.015, 
1.22 	subdivision 1; 253.017, subdivision 2; 253.13; 253.20; 253.21; 253.22; 253.23; 
1.23 	253.24; 253.26; 253B.02, subdivisions 4b, 4c, by adding a subdivision; 253B.03, 
1.24 	subdivisions 1, 6a; 253B.09, subdivision 3a; 253B.17, subdivision 1, by adding a 
1.25 	subdivision; 253B.18, subdivisions 4a, 4b, 4c, 5, 5a, 13, 14; 253B.19, subdivision 
1.26 	1; 253B.20, subdivision 2; 253B.212, subdivision 2; 253B.22, subdivisions 1, 3, 
1.27 	4; 253D.02, subdivisions 2, 3, 4, 16, by adding subdivisions; 253D.10, subdivision 
1.28 	2; 253D.11, subdivision 2; 253D.27, subdivision 1; 253D.29, subdivisions 1, 2, 
1.29 	3; 253D.30, subdivision 5; 254B.01, by adding a subdivision; 254B.05, subdivision 
1.30 	4; 254B.151, subdivision 2; 256.01, subdivision 2; 256.045, subdivisions 1, 5, 6, 
1.31 	7, by adding subdivisions; 256B.693, subdivision 1; 256B.77, subdivision 22; 
1.32 	256G.01, subdivisions 1, 3; 256G.02, by adding a subdivision; 256G.03, subdivision 
1.33 	2; 256G.04, subdivision 2; 256G.09, subdivisions 2, 3; 256G.10; 256G.11; 256G.12; 
1.34 	299C.093; 352.91, subdivisions 2a, 3c, 3d, 3e, 4a; 524.3-801; Minnesota Statutes 
1.35 	2023 Supplement, sections 245.4661, subdivisions 2, 6; 246.0135; 246C.02; 
1.36 	246C.03, subdivision 2; 246C.04; 246C.05; 252.50, subdivision 2; 253B.10, 
1.37 	subdivision 1; 253D.02, subdivision 8; 256.045, subdivision 3; 352.91, subdivision 
1.38 	3f; proposing coding for new law in Minnesota Statutes, chapters 198; 245; 245A; 
2.1 	246; 246C; 253; repealing Minnesota Statutes 2022, sections 246.01; 246.013; 
2.2 	246.014; 246.15, subdivision 2; 246.23, subdivision 1; 246.60; 251.013; 252.50, 
2.3 	subdivisions 1, 9, 11; 252.51; 256B.693, subdivision 2.
2.4 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.5 	ARTICLE 1
2.6 	DEPARTMENT OF DIRECT CARE AND TREATMENT

2.7 	Section 1. Minnesota Statutes 2022, section 245.474, subdivision 1, is amended to read:
2.8 		Subdivision 1.Availability of regional treatment center inpatient services. By July 
2.9 	1, 1987, The commissioner executive board shall make sufficient regional treatment center 
2.10 	inpatient services available to adults with mental illness throughout the state who need this 
2.11 	level of care. Inpatient services may be provided either on the regional treatment center 
2.12 	campus or at any state facility or program as defined in section 246.50, subdivision 3. 
2.13 	Services must be as close to the patient's county of residence as possible. Regional treatment 
2.14 	centers are responsible to:
2.15 	(1) provide acute care inpatient hospitalization;
2.16 	(2) stabilize the medical and mental health condition of the adult requiring the admission;
2.17 	(3) improve functioning to the point where discharge to community-based mental health 
2.18 	services is possible;
2.19 	(4) strengthen family and community support; and
2.20 	(5) facilitate appropriate discharge and referrals for follow-up mental health care in the 
2.21 	community.

2.22 	Sec. 2. Minnesota Statutes 2022, section 245.474, subdivision 3, is amended to read:
2.23 		Subd. 3.Transition to community. Regional treatment centers must plan for and assist 
2.24 	clients in making a transition from regional treatment centers and other inpatient state 
2.25 	facilities or programs, as defined in section 246.50, subdivision 3, to other community-based 
2.26 	services. In coordination with the client's case manager, if any, regional treatment centers 
2.27 	must also arrange for appropriate follow-up care in the community during the transition 
2.28 	period. Before a client is discharged, the regional treatment center must notify the client's 
2.29 	case manager, so that the case manager can monitor and coordinate the transition and 
2.30 	arrangements for the client's appropriate follow-up care in the community.

3.1 	Sec. 3. Minnesota Statutes 2023 Supplement, section 246.0135, is amended to read:
3.2 	246.0135 OPERATION OF REGIONAL TREATMENT CENTERS.
3.3 	(a) The commissioner of human services executive board is prohibited from closing any 
3.4 	regional treatment center or state-operated nursing home or any program at any of the 
3.5 	regional treatment centers or state-operated nursing homes, without specific legislative 
3.6 	authorization.
3.7 	(b) Prior to closing or downsizing a regional treatment center, the commissioner of 
3.8 	human services shall be executive board is responsible for assuring that community-based 
3.9 	alternatives developed in response are adequate to meet the program needs identified by 
3.10 	each county within the catchment area and do not require additional local county property 
3.11 	tax expenditures.
3.12 	(c) The nonfederal share of the cost of alternative treatment or care developed as the 
3.13 	result of the closure of a regional treatment center, including costs associated with fulfillment 
3.14 	of responsibilities under chapter 253B shall must be paid from state funds money appropriated 
3.15 	for purposes specified in section 246.013 246C.11.
3.16 	(d) The commissioner may executive board must not divert state funds money used for 
3.17 	providing for care or treatment of persons residing in a regional treatment center for purposes 
3.18 	unrelated to the care and treatment of such persons.

3.19 	Sec. 4. Minnesota Statutes 2022, section 246.018, subdivision 1, is amended to read:
3.20 		Subdivision 1.Established. The Office of Executive Medical Director within the 
3.21 	Department of Human Services Direct Care and Treatment is established.

3.22 	Sec. 5. Minnesota Statutes 2022, section 246.018, subdivision 2, is amended to read:
3.23 		Subd. 2.Executive medical director. The commissioner of human services executive 
3.24 	board shall appoint, and unless otherwise established by law, set the salary of a licensed 
3.25 	physician to serve as executive medical director to assist in establishing and maintaining 
3.26 	the medical policies of the Department of Human Services Direct Care and Treatment. The 
3.27 	commissioner executive board may place the executive medical director's position in the 
3.28 	unclassified service if the position meets the criteria of section 43A.08, subdivision 1a. The
3.29 	executive medical director must be a psychiatrist certified by the Board of Psychiatry.

3.30 	Sec. 6. Minnesota Statutes 2022, section 246.018, subdivision 3, is amended to read:
3.31 		Subd. 3.Duties. The executive medical director shall:
4.1 	(1) oversee the clinical provision of inpatient mental health services provided in the 
4.2 	state's regional treatment centers;
4.3 	(2) recruit and retain psychiatrists to serve on the state direct care and treatment medical 
4.4 	staff established in subdivision 4;
4.5 	(3) consult with the commissioner of human services executive board, community mental 
4.6 	health center directors, and the state-operated services governing body to develop standards 
4.7 	for treatment and care of patients in state-operated service programs;
4.8 	(4) develop and oversee a continuing education program for members of the medical 
4.9 	staff; and
4.10 	(5) participate and cooperate in the development and maintenance of a quality assurance 
4.11 	program for state-operated services that assures that residents receive continuous quality 
4.12 	inpatient, outpatient, and postdischarge care and continuous quality care once they are 
4.13 	discharged or transferred to an outpatient setting.

4.14 	Sec. 7. Minnesota Statutes 2022, section 246.018, subdivision 4, is amended to read:
4.15 		Subd. 4.State-operated services Direct care and treatment medical staff. (a) The
4.16 	executive medical director shall establish a state-operated services direct care and treatment
4.17 	medical staff which shall be under the clinical direction of the Office of Executive Medical 
4.18 	Director.
4.19 	(b) The executive medical director, in conjunction with the medical staff, shall:
4.20 	(1) establish standards and define qualifications for physicians who care for residents 
4.21 	in state-operated services;
4.22 	(2) monitor the performance of physicians who care for residents in state-operated 
4.23 	services; and
4.24 	(3) recommend to the commissioner executive board changes in procedures for operating 
4.25 	state-operated service facilities that are needed to improve the provision of medical care in 
4.26 	those facilities.

4.27 	Sec. 8. Minnesota Statutes 2022, section 246.12, is amended to read:
4.28 	246.12 BIENNIAL ESTIMATES; SUGGESTIONS FOR LEGISLATION.
4.29 	The commissioner of human services executive board shall prepare, for the use of the 
4.30 	legislature, biennial estimates of appropriations necessary or expedient to be made for the 
4.31 	support of the institutions and for extraordinary and special expenditures for buildings and 
5.1 	other improvements. The commissioner executive board shall, in connection therewith,
5.2 	make suggestions relative to legislation for the benefit of the institutions. The commissioner
5.3 	executive board shall report the estimates and suggestions to the legislature on or before 
5.4 	November 15 in each even-numbered year. The commissioner of human services A designee 
5.5 	of the executive board on request shall appear before any legislative committee and furnish 
5.6 	any required information in regard to the condition of any such institution.

5.7 	Sec. 9. Minnesota Statutes 2022, section 246.129, is amended to read:
5.8 	246.129 LEGISLATIVE APPROVAL REQUIRED.
5.9 	If the closure of a state-operated facility is proposed, and the department executive board
5.10 	and respective bargaining units fail to arrive at a mutually agreed upon solution to transfer 
5.11 	affected state employees to other state jobs, the closure of the facility requires legislative 
5.12 	approval. This does not apply to state-operated enterprise services.

5.13 	Sec. 10. Minnesota Statutes 2022, section 246.14, is amended to read:
5.14 	246.14 USE OF SPACE IN INSTITUTIONS.
5.15 	The commissioner of human services executive board may use available space in any 
5.16 	institution under jurisdiction of the commissioner executive board, or in any institution 
5.17 	under the jurisdiction of another department or agency of the state in which space is proffered 
5.18 	the commissioner, by executive or legislative action, offered by executive or legislative 
5.19 	action to the executive board for the care and custody of persons, patients, or inmates of 
5.20 	the institutions under exclusive control of the commissioner executive board for whom 
5.21 	other, more suitable, space is not available. All laws relating to the commitment and care 
5.22 	of such persons who may be so committed and institutionalized shall be applicable to such 
5.23 	persons.

5.24 	Sec. 11. Minnesota Statutes 2022, section 246.234, is amended to read:
5.25 	246.234 RECIPROCAL EXCHANGE OF CERTAIN PERSONS.
5.26 	The commissioner of human services executive board is hereby authorized and 
5.27 	empowered with the approval of the governor to enter into reciprocal agreements with duly 
5.28 	authorized authorities of any other state or states, through the duly authorized authorities 
5.29 	thereof, regarding the mutual exchange, return, and transportation of persons with a mental 
5.30 	illness or developmental disabilities disability who are within the confines of one state but 
5.31 	have legal residence or legal settlement for the purposes of relief in another state. Such 
5.32 	agreements shall must not contain no provisions conflicting with any law of this state.

6.1 	Sec. 12. Minnesota Statutes 2022, section 246.24, is amended to read:
6.2 	246.24 COMPROMISE OF CLAIMS.
6.3 	In case of The executive board may settle any disagreement between the commissioner 
6.4 	of human services executive board and any person concerning a claim of such person to 
6.5 	any claiming a right interest or estate in or lien, interest, estate, or lien in or upon lands or 
6.6 	improvements on such land occupied by or used in connection with any state institution 
6.7 	under exclusive or partial control of the person, or of any claim by a person for damages to 
6.8 	any such land, or the improvements thereon, the commissioner, with the approval of the 
6.9 	governor and the commissioner of management and budget, may compromise and settle 
6.10 	such claim; and in so doing. In entering a settlement, the executive board may make any 
6.11 	necessary conveyance of land. All moneys money received by the commissioner upon
6.12 	executive board as a part of any such settlement shall must be paid into the state treasury 
6.13 	to the credit of the general fund.

6.14 	Sec. 13. Minnesota Statutes 2022, section 246.27, is amended to read:
6.15 	246.27 PHYSICAL EXAMINATIONS FOR EMPLOYMENT REQUIRED.
6.16 	No new employee shall be given employment in Any state institution under the direction 
6.17 	of the Department of Human Services executive board must not hire a new employee, 
6.18 	whether the potential employee is certified for such employment by the state Department 
6.19 	of Management and Budget, or otherwise selected, unless such person presents to the 
6.20 	appointing officer of such institution a certificate showing that the potential employee 
6.21 	provides verification to the head of the state institution or a designee, in a form determined 
6.22 	by the executive board, that the potential employee has undergone the physical examination 
6.23 	hereinafter provided for and has been found to be and testing establishing that the potential 
6.24 	employee is free of tuberculosis.

6.25 	Sec. 14. Minnesota Statutes 2022, section 246.36, is amended to read:
6.26 	246.36 ACCEPTANCE OF VOLUNTARY, UNCOMPENSATED SERVICES.
6.27 	For the purpose of carrying out a duty, the commissioner of human services executive 
6.28 	board shall have authority to accept uncompensated and voluntary services and to enter into 
6.29 	contracts or agreements with private or public agencies, organizations, or persons, for 
6.30 	uncompensated and voluntary services, as the commissioner may deem executive board 
6.31 	deems practicable. Uncompensated and voluntary services do not include services mandated 
6.32 	by licensure and certification requirements for health care facilities. The volunteer agencies, 
6.33 	organizations, or persons who provide services to residents of state facilities operated under 
7.1 	the authority of the commissioner executive board are not subject to the procurement 
7.2 	requirements of chapters 16A and 16C. The agencies, organizations, or persons may purchase 
7.3 	supplies, services, and equipment to be used in providing services to residents of state 
7.4 	facilities through the Department of Administration.

7.5 	Sec. 15. Minnesota Statutes 2022, section 246.41, subdivision 1, is amended to read:
7.6 		Subdivision 1.Acceptance. The commissioner of human services executive board is 
7.7 	authorized to accept, for and in on behalf of the state, contributions of money for the use 
7.8 	and benefit of persons with developmental disabilities.

7.9 	Sec. 16. Minnesota Statutes 2022, section 246.41, subdivision 2, is amended to read:
7.10 		Subd. 2.Special welfare fund. The executive board shall deposit any money so received 
7.11 	by the commissioner shall be deposited executive board under paragraph (a) with the 
7.12 	commissioner of management and budget in a special welfare fund, which fund is to be 
7.13 	used by the commissioner of human services executive board for the benefit of persons with 
7.14 	developmental disabilities within the state, including those within state hospitals. And, 
7.15 	without excluding other possible uses, Allowable uses of the money by the executive board 
7.16 	include but are not limited to research relating to persons with developmental disabilities 
7.17 	shall be considered an appropriate use of such funds; but such funds shall not be used for
7.18 	must not include creation of any structures or installations which by their nature would 
7.19 	require state expenditures for their ongoing operation or maintenance without specific 
7.20 	legislative enactment therefor for such a project.

7.21 	Sec. 17. Minnesota Statutes 2022, section 246.41, subdivision 3, is amended to read:
7.22 		Subd. 3.Appropriation. There is hereby appropriated from The amount in the special 
7.23 	welfare fund in the state treasury to such persons as are entitled thereto to carry out the 
7.24 	provisions stated in is annually appropriated to the executive board for the purposes of this 
7.25 	section.

7.26 	Sec. 18. [246C.015] DEFINITIONS.
7.27 		Subdivision 1.Scope. For purposes of this chapter, the following terms have the meanings 
7.28 	given.
7.29 		Subd. 2.Chief executive officer. "Chief executive officer" means the Department of 
7.30 	Direct Care and Treatment chief executive officer appointed according to section 246C.08.
7.31 		Subd. 3.Commissioner. "Commissioner" means the commissioner of human services.
8.1 		Subd. 4.Community preparation services. "Community preparation services" means 
8.2 	specialized inpatient or outpatient services operated outside of a secure environment but 
8.3 	administered by a secure treatment facility.
8.4 		Subd. 5.County of financial responsibility. "County of financial responsibility" has 
8.5 	the meaning given in section 256G.02, subdivision 4.
8.6 		Subd. 6.Executive board. "Executive board" means the Department of Direct Care and 
8.7 	Treatment executive board established under section 246C.06.
8.8 		Subd. 7.Executive medical director.  "Executive medical director" means the licensed 
8.9 	physician serving as executive medical director in the Department of Direct Care and 
8.10 	Treatment under section 246C.09.
8.11 		Subd. 8.Head of the facility or head of the program. "Head of the facility" or "head 
8.12 	of the program" means the person who is charged with overall responsibility for the 
8.13 	professional program of care and treatment of the facility or program.
8.14 		Subd. 9.Indian. "Indian" has the meaning given in section 260.755, subdivision 7.
8.15 		Subd. 10.Secure treatment facility. "Secure treatment facility" means a facility as 
8.16 	defined in section 253B.02, subdivision 18a, or 253D.02, subdivision 13.
8.17 		Subd. 11.Tobacco; tobacco-related device. "Tobacco" and "tobacco-related device" 
8.18 	have the meanings given in section 609.685, subdivision 1.

8.19 	Sec. 19. Minnesota Statutes 2023 Supplement, section 246C.02, is amended to read:
8.20 	246C.02 DEPARTMENT OF DIRECT CARE AND TREATMENT; 
8.21 	ESTABLISHMENT.
8.22 		Subdivision 1.Establishment. (a) The Department of Direct Care and Treatment is 
8.23 	created. An executive board shall head the Department of Direct Care and Treatment.
8.24 		Subd. 2.Mission. (a) The executive board shall develop and maintain direct care and 
8.25 	treatment in a manner consistent with applicable law, including chapters 13, 245, 246, 246B, 
8.26 	252, 253, 253B, 253C, 253D, 254A, 254B, and 256.
8.27 	(b) The Department of Direct Care and Treatment executive board shall provide direct 
8.28 	care and treatment services in coordination with the commissioner of human services, 
8.29 	counties, and other vendors.
8.30 		Subd. 3.Direct care and treatment services. Direct care and treatment services shall 
8.31 	include specialized inpatient programs at secure treatment facilities as defined in sections 
9.1 	253B.02, subdivision 18a, and 253D.02, subdivision 13;, community preparation services;,
9.2 	regional treatment centers;, enterprise services;, consultative services;, aftercare services;,
9.3 	community-based services and programs;, transition services;, nursing home services;, and 
9.4 	other services consistent with the mission of the Department of Direct Care and Treatment.
9.5 	(b) "Community preparation services" means specialized inpatient or outpatient services 
9.6 	or programs operated outside of a secure environment but administered by a secure treatment 
9.7 	facility.
9.8 		Subd. 4.Statewide services. (a) The administrative structure of state-operated services 
9.9 	must be statewide in character.
9.10 	(b) The state-operated services staff may deliver services at any location throughout the 
9.11 	state.
9.12 		Subd. 5.Department of Human Services as state agency. The commissioner of human 
9.13 	services continues to constitute the "state agency" as defined by the Social Security Act of 
9.14 	the United States and the laws of this state for all purposes relating to mental health and 
9.15 	mental hygiene.

9.16 	Sec. 20. Minnesota Statutes 2023 Supplement, section 246C.03, subdivision 2, is amended 
9.17 	to read:
9.18 		Subd. 2.Development of Department of Direct Care and Treatment Board. (a) The 
9.19 	commissioner of human services shall prepare legislation for introduction during the 2024 
9.20 	legislative session, with input from stakeholders the commissioner deems necessary, 
9.21 	proposing legislation for the creation and implementation of the Direct Care and Treatment 
9.22 	executive board and defining the responsibilities, powers, and function of the Department 
9.23 	of Direct Care and Treatment executive board.
9.24 	(b) The Department of Direct Care and Treatment executive board shall consist of no 
9.25 	more than five members, all appointed by the governor.
9.26 	(c) An executive board member's qualifications must be appropriate for overseeing a 
9.27 	complex behavioral health system, such as experience serving on a hospital or non-profit 
9.28 	board, serving as a public sector labor union representative, experience in delivery of 
9.29 	behavioral health services or care coordination, or working as a licensed health care provider, 
9.30 	in an allied health profession, or in health care administration.

10.1 	Sec. 21. Minnesota Statutes 2023 Supplement, section 246C.04, is amended to read:
10.2 	246C.04 TRANSFER OF DUTIES.
10.3 		Subdivision 1.Transfer of duties. (a) Section 15.039 applies to the transfer of duties 
10.4 	required by this chapter.
10.5 	(b) The commissioner of administration, with the governor's approval, shall issue 
10.6 	reorganization orders under section 16B.37 as necessary to carry out the transfer of duties 
10.7 	required by section 246C.03. The provision of section 16B.37, subdivision 1, stating that 
10.8 	transfers under section 16B.37 may only be to an agency that has existed for at least one 
10.9 	year does not apply to transfers to an agency created by this chapter.
10.10 	(c) The initial salary for the health systems chief executive officer of the Department of 
10.11 	Direct Care and Treatment is the same as the salary for the health systems chief executive 
10.12 	officer of direct care and treatment at the Department of Human Services immediately before 
10.13 	July 1, 2024.
10.14 		Subd. 2.Transfer of custody of civilly committed persons. Custody of persons subject 
10.15 	to civil commitment under chapter 253B or 253D and in the custody of the commissioner 
10.16 	of human services is hereby transferred to the executive board without any further act or 
10.17 	proceeding. Authority and responsibility for the commitment of such persons is transferred 
10.18 	to the executive board.
10.19 		Subd. 3.Control of direct care and treatment. The powers and duties vested in or 
10.20 	imposed upon the commissioner of human services with reference to any state-operated 
10.21 	service, program, or facility are hereby transferred to, vested in, and imposed upon the 
10.22 	executive board according to this chapter. The executive board is hereby charged with and 
10.23 	has the exclusive power of administration and management of all state hospitals for persons 
10.24 	with a developmental disability, mental illness, or substance use disorder. The executive 
10.25 	board has the power and authority to determine all matters relating to the development of 
10.26 	all of the foregoing institutions and of such other institutions vested in the executive board. 
10.27 	The powers, functions, and authority vested in the commissioner of human services relative 
10.28 	to such state institutions are hereby transferred to the executive board according to this 
10.29 	chapter.
10.30 		Subd. 4.Appropriations. There is hereby appropriated to such persons or institutions 
10.31 	as are entitled to such sums as are provided for in this section, from the fund or account in 
10.32 	the state treasury to which the money was credited, an amount sufficient to make such 
10.33 	payment.

11.1 	Sec. 22. Minnesota Statutes 2023 Supplement, section 246C.05, is amended to read:
11.2 	246C.05 EMPLOYEE PROTECTIONS FOR ESTABLISHING THE NEW 
11.3 	DEPARTMENT OF DIRECT CARE AND TREATMENT.
11.4 	(a) Personnel whose duties relate to the functions assigned to the Department of Direct 
11.5 	Care and Treatment executive board in section 246C.03 are transferred to the Department 
11.6 	of Direct Care and Treatment effective 30 days after approval by the commissioner of direct 
11.7 	care and treatment management and budget.
11.8 	(b) Before the Department of Direct Care and Treatment executive board is appointed, 
11.9 	personnel whose duties relate to the functions in this section may be transferred beginning 
11.10 	July 1, 2024, with 30 days' notice from the commissioner of management and budget.
11.11 	(c) The following protections shall apply to employees who are transferred from the 
11.12 	Department of Human Services to the Department of Direct Care and Treatment:
11.13 	(1) No transferred employee shall have their employment status and job classification 
11.14 	altered as a result of the transfer.
11.15 	(2) Transferred employees who were represented by an exclusive representative prior 
11.16 	to the transfer shall continue to be represented by the same exclusive representative after 
11.17 	the transfer.
11.18 	(3) The applicable collective bargaining agreements with exclusive representatives shall 
11.19 	continue in full force and effect for such transferred employees after the transfer.
11.20 	(4) The state shall have the obligation to meet and negotiate with the exclusive 
11.21 	representatives of the transferred employees about any proposed changes affecting or relating 
11.22 	to the transferred employees' terms and conditions of employment to the extent such changes 
11.23 	are not addressed in the applicable collective bargaining agreement.
11.24 	(5) When an employee in a temporary unclassified position is transferred to the 
11.25 	Department of Direct Care and Treatment, the total length of time that the employee has 
11.26 	served in the appointment shall include all time served in the appointment at the transferring 
11.27 	agency and the time served in the appointment at the Department of Direct Care and 
11.28 	Treatment. An employee in a temporary unclassified position who was hired by a transferring 
11.29 	agency through an open competitive selection process in accordance with a policy enacted 
11.30 	by Minnesota Management and Budget shall be considered to have been hired through such 
11.31 	process after the transfer.
11.32 	(6) In the event that the state transfers ownership or control of any of the facilities, 
11.33 	services, or operations of the Department of Direct Care and Treatment to another entity, 
12.1 	whether private or public, by subcontracting, sale, assignment, lease, or other transfer, the 
12.2 	state shall require as a written condition of such transfer of ownership or control the following 
12.3 	provisions:
12.4 	(i) Employees who perform work in transferred facilities, services, or operations must 
12.5 	be offered employment with the entity acquiring ownership or control before the entity 
12.6 	offers employment to any individual who was not employed by the transferring agency at 
12.7 	the time of the transfer.
12.8 	(ii) The wage and benefit standards of such transferred employees must not be reduced 
12.9 	by the entity acquiring ownership or control through the expiration of the collective 
12.10 	bargaining agreement in effect at the time of the transfer or for a period of two years after 
12.11 	the transfer, whichever is longer.
12.12 	(d) There is no liability on the part of, and no cause of action arises against, the state of 
12.13 	Minnesota or its officers or agents for any action or inaction of any entity acquiring ownership 
12.14 	or control of any facilities, services, or operations of the Department of Direct Care and 
12.15 	Treatment.
12.16 	(e) This section expires upon the completion of the transfer of duties to the executive 
12.17 	board under section 246C.03. The commissioner of human services shall notify the revisor 
12.18 	of statutes when the transfer of duties is complete.

12.19 	Sec. 23. [246C.06] EXECUTIVE BOARD; POWERS AND DUTIES.
12.20 		Subdivision 1.Establishment. The executive board of the Department of Direct Care 
12.21 	and Treatment is established.
12.22 		Subd. 2.Membership of the executive board. The executive board shall consist of no 
12.23 	more than five members, all appointed by the governor.
12.24 		Subd. 3.Qualifications of members. An executive board member's qualifications must 
12.25 	be appropriate for overseeing a complex behavioral health system, such as experience 
12.26 	serving on a hospital or nonprofit board, serving as a public sector labor union representative, 
12.27 	delivering behavioral health services or care coordination, or working as a licensed health 
12.28 	care provider in an allied health profession or in health care administration.
12.29 		Subd. 4.Accepting contributions or gifts. (a) The executive board has the power and 
12.30 	authority to accept, on behalf of the state, contributions and gifts of money and personal 
12.31 	property for the use and benefit of the residents of the public institutions under the executive 
12.32 	board's control. All money and securities received must be deposited in the state treasury 
12.33 	subject to the order of the executive board.
13.1 	(b) If the gift or contribution is designated by the donor for a certain institution or purpose, 
13.2 	the executive board shall expend or use the money as nearly in accordance with the conditions 
13.3 	of the gift or contribution, compatible with the best interests of the individuals under the 
13.4 	jurisdiction of the executive board and the state.
13.5 		Subd. 5.Federal aid or block grants. The executive board may comply with all 
13.6 	conditions and requirements necessary to receive federal aid or block grants with respect 
13.7 	to the establishment, constructions, maintenance, equipment, or operation of adequate 
13.8 	facilities and services consistent with the mission of the Department of Direct Care and 
13.9 	Treatment.
13.10 		Subd. 6.Operation of a communication systems account. (a) The executive board 
13.11 	may operate a communications systems account established in Laws 1993, First Special 
13.12 	Session chapter 1, article 1, section 2, subdivision 2, to manage shared communication costs 
13.13 	necessary for the operation of the regional treatment centers the executive board supervises.
13.14 	(b) Each account must be used to manage shared communication costs necessary for the 
13.15 	operations of the regional treatment centers the executive board supervises. The executive 
13.16 	board may distribute the costs of operating and maintaining communication systems to 
13.17 	participants in a manner that reflects actual usage. Costs may include acquisition, licensing, 
13.18 	insurance, maintenance, repair, staff time, and other costs as determined by the executive 
13.19 	board.
13.20 	(c) Nonprofit organizations and state, county, and local government agencies involved 
13.21 	in the operation of regional treatment centers the executive board supervises may participate 
13.22 	in the use of the executive board's communication technology and share in the cost of 
13.23 	operation.
13.24 	(d) The executive board may accept on behalf of the state any gift, bequest, devise, 
13.25 	personal property of any kind, or money tendered to the state for any lawful purpose 
13.26 	pertaining to the communication activities under this section. Any money received for this 
13.27 	purpose must be deposited into the executive board's communication systems account. 
13.28 	Money collected by the executive board for the use of communication systems must be 
13.29 	deposited into the state communication systems account and is appropriated to the executive 
13.30 	board for purposes of this section.

13.31 	Sec. 24. [246C.10] FORENSIC SERVICES.
13.32 		Subdivision 1.Maintenance of forensic services. (a) The executive board shall create 
13.33 	and maintain forensic services programs.
14.1 	(b) The executive board must provide forensic services in coordination with counties 
14.2 	and other vendors.
14.3 	(c) Forensic services must include specialized inpatient programs at secure treatment 
14.4 	facilities, consultive services, aftercare services, community-based services and programs, 
14.5 	transition services, nursing home services, or other services consistent with the mission of 
14.6 	the Department of Direct Care and Treatment.
14.7 	(d) The executive board shall adopt rules to carry out the provision of this section and 
14.8 	to govern the operation of the services and programs under the direct administrative authority 
14.9 	of the executive board.

14.10 	Sec. 25. [246C.11] STATE-OPERATED, COMMUNITY-BASED PROGRAMS.
14.11 		Subdivision 1.State-operated, community-based programs established. The executive 
14.12 	board shall establish and maintain a system of state-operated, community-based programs 
14.13 	for persons with developmental disabilities.
14.14 		Subd. 2.State-operated, community-based program definition. For purposes of this 
14.15 	section, "state-operated, community-based program" means a program administered by the 
14.16 	state to provide treatment and habilitation in noninstitutional community settings to a person 
14.17 	with a developmental disability.
14.18 		Subd. 3.Comprehensive system of services. The establishment of state-operated, 
14.19 	community-based programs must be within the context of a comprehensive definition of 
14.20 	the role of state-operated services in the state. The role of state-operated services must be 
14.21 	defined within the context of a comprehensive system of services with developmental 
14.22 	disability.
14.23 		Subd. 4.Types of state-operated, community-based programs. State-operated, 
14.24 	community-based programs may include but are not limited to community group homes, 
14.25 	foster care, supportive living services, day training and habilitation programs, and respite 
14.26 	care arrangements.
14.27 		Subd. 5.Technical training; community-based programs. (a) In conjunction with the 
14.28 	discharge of persons from regional treatment centers and their admission to state-controlled 
14.29 	and privately operated community-based programs, the executive board may provide 
14.30 	technical training assistance to the community-based programs. The executive board may 
14.31 	apply for and accept money from any source including reimbursement charges from the 
14.32 	community-based programs for reasonable costs of training. Money received must be 
15.1 	deposited in the general fund and is appropriated annually to the executive board for training 
15.2 	under this section.
15.3 	(b) The executive board must coordinate with the commissioner of human services to 
15.4 	provide technical training assistance to community-based programs under this section and 
15.5 	section 245.073.

15.6 	Sec. 26. [246C.20] CONTRACT WITH DEPARTMENT OF HUMAN SERVICES 
15.7 	FOR ADMINISTRATIVE SERVICES.
15.8 	(a) The Department of Direct Care and Treatment shall contract with the Department 
15.9 	of Human Services to provide determinations on issues of county of financial responsibility 
15.10 	under chapter 256G and to provide administrative and judicial review of direct care and 
15.11 	treatment matters according to section 256.045.
15.12 	(b) The executive board may prescribe rules necessary to carry out this subdivision, 
15.13 	except that the executive board must not create any rule purporting to control the decision 
15.14 	making or processes of state human services judges under section 256.045, subdivision 4, 
15.15 	or the decision making or processes of the commissioner of human services issuing an 
15.16 	advisory opinion or recommended order to the executive board under section 256G.09, 
15.17 	subdivision 3. The executive board must not create any rule purporting to control processes 
15.18 	for determinations of financial responsibility under chapter 256G or administrative and 
15.19 	judicial review under section 256.045 on matters outside of the jurisdiction of the Department 
15.20 	of Direct Care and Treatment.
15.21 	(c) The executive board and commissioner of human services may adopt joint rules 
15.22 	necessary to accomplish the purposes of this section.

15.23 	Sec. 27. Minnesota Statutes 2022, section 251.17, is amended to read:
15.24 	251.17 INDIANS, FACILITIES FOR TREATMENT.
15.25 	The governor and the commissioner of human services are authorized to negotiate for 
15.26 	and to accept a conveyance from the United States of America of the following described 
15.27 	land in Cass County, to-wit:
15.28 	Beginning at a point 463.7 feet west and 56.0 feet south of the Northeast corner of the 
15.29 	Southeast quarter of the Southwest quarter of Section 35, Township 142 North, Range 31 
15.30 	West of the 5th P.M. thence south 25 degrees 30 minutes west at no variation, for a distance 
15.31 	of 350 feet, thence north 64 degrees 30 minutes west for a distance of 350 feet, thence north 
16.1 	25 degrees 30 minutes east for a distance of 350 feet, thence south 64 degrees 30 minutes 
16.2 	east for a distance of 350 feet to point of beginning, containing 2.81 acres,
16.3 	the buildings on which are used in conjunction with the Minnesota State Sanitarium, 
16.4 	agreeing as a consideration therefor to maintain the buildings for 20 years, and to The 
16.5 	executive board must provide there or elsewhere adequate treatment facilities for tubercular 
16.6 	Indians who are residents of Minnesota, for poor relief purposes.

16.7 	Sec. 28. Minnesota Statutes 2023 Supplement, section 252.50, subdivision 2, is amended 
16.8 	to read:
16.9 		Subd. 2.Authorization to build or purchase. (a) Within the limits of available 
16.10 	appropriations, the commissioner executive board may build, purchase, or lease suitable 
16.11 	buildings, at least a portion of which must be used for state-operated, community-based 
16.12 	programs. The commissioner executive board must develop the state-operated community 
16.13 	residential facilities authorized in the worksheets of the house of representatives 
16.14 	appropriations and senate finance committees. If financing through state general obligation 
16.15 	bonds is not available, the commissioner executive board shall finance the purchase or 
16.16 	construction of state-operated, community-based facilities with the Minnesota Housing 
16.17 	Finance Agency. The commissioner executive board shall make payments through the 
16.18 	Department of Administration to the Minnesota Housing Finance Agency in repayment of 
16.19 	mortgage loans granted for the purposes of this section.
16.20 	(b) Programs must be adaptable to the needs of persons with developmental disabilities 
16.21 	and residential programs must be homelike.

16.22 	Sec. 29. Minnesota Statutes 2022, section 252.50, subdivision 4, is amended to read:
16.23 		Subd. 4.Authority to develop services with counties. (a) State-operated, 
16.24 	community-based programs may be developed in conjunction with existing county 
16.25 	responsibilities and authorities for persons with developmental disabilities. Assessment, 
16.26 	placement, screening, case management responsibilities, and determination of need 
16.27 	procedures must be consistent with county responsibilities established under law and rule.
16.28 	(b) Counties may enter into shared service agreements with state-operated programs.

16.29 	Sec. 30. Minnesota Statutes 2022, section 253.017, subdivision 2, is amended to read:
16.30 		Subd. 2.Need for services. (a) The commissioner executive board shall determine the 
16.31 	need for the psychiatric services provided by the department based upon individual needs 
16.32 	assessments of persons in the state-operated services as required by section 245.474, 
17.1 	subdivision 2, and an evaluation of: (1) state-operated services programs, (2) programs 
17.2 	needed in the region for persons who require hospitalization, and (3) available epidemiologic 
17.3 	data.
17.4 	(b) Throughout its planning and implementation, the assessment process must be 
17.5 	discussed executive board must discuss the determination of need for psychiatric services 
17.6 	provided by the department with the State Advisory Council on Mental Health in accordance 
17.7 	with its the council's duties under section 245.697.
17.8 	(c) The executive board must consider continuing assessment evaluation of this 
17.9 	information must be considered in the information described in paragraph (a) when planning 
17.10 	for and implementing changes in state-operated programs and facilities for persons with 
17.11 	mental illness. The executive board may consider expansion may be considered of 
17.12 	state-operated programs and facilities only after a thorough analysis of the need for additional 
17.13 	psychiatric services provided by the department and in conjunction with a comprehensive 
17.14 	mental health plan.

17.15 	ARTICLE 2
17.16 	DIRECT CARE AND TREATMENT SERVICES

17.17 	Section 1. [246.0012] DEFINITIONS.
17.18 	The definitions in chapter 246C apply to this chapter.

17.19 	Sec. 2. Minnesota Statutes 2022, section 246.0141, is amended to read:
17.20 	246.0141 TOBACCO USE PROHIBITED.
17.21 		Subdivision 1.General prohibition on tobacco use. No A patient, staff, guest, or visitor 
17.22 	on the grounds or in a state regional treatment center, the Minnesota Security Hospital, or 
17.23 	the Minnesota Sex Offender Program may must not possess or use tobacco or a 
17.24 	tobacco-related device.
17.25 		Subd. 2.Exception to prohibition on tobacco use. For the purposes of this section, 
17.26 	"tobacco" and "tobacco-related device" have the meanings given in section 609.685, 
17.27 	subdivision 1. This section does not prohibit the possession or use of tobacco or a 
17.28 	tobacco-related device by an adult as part of a traditional Indian spiritual or cultural 
17.29 	ceremony. For purposes of this section, an Indian is a person who is a member of an Indian 
17.30 	tribe as defined in section 260.755, subdivision 12.

18.1 	Sec. 3. Minnesota Statutes 2022, section 246.13, subdivision 1, is amended to read:
18.2 		Subdivision 1.Commissioner's Executive board's responsibilities. (a) The 
18.3 	commissioner of human services' office chief executive officer or a designee shall have, 
18.4 	accessible only by consent of the commissioner executive board or on the order of a judge 
18.5 	or court of record, a record showing:
18.6 	(1) the residence, sex, age, nativity, occupation, civil condition, and date of entrance or 
18.7 	commitment of every person, in the state-operated services facilities as defined under section 
18.8 	246.014 under exclusive control of the commissioner executive board;
18.9 	(2) the date of discharge of any such person and whether such discharge was final;
18.10 	(3) the condition of the person when the person left the state-operated services facility;
18.11 	(4) the vulnerable adult abuse prevention associated with the person; and
18.12 	(5) the date and cause of all deaths any death of such person.
18.13 	(b) The record shallin paragraph (a) must state every transfer of a person from one 
18.14 	state-operated services facility to another, naming each state-operated services facility. This 
18.15 	information shall be furnished to the commissioner of human services by each public agency
18.16 	The head of each facility or a designee must provide this transfer information to the executive 
18.17 	board, along with other obtainable facts as the commissioner may require executive board 
18.18 	requests. When a patient or resident in a state-operated services facility is discharged, 
18.19 	transferred, or dies,
18.20 	(c) The head of the state-operated services facility or designee shall inform the 
18.21 	commissioner of human services of these events executive board of any discharge, transfer, 
18.22 	or death of a person in that facility within ten days on forms furnished by the commissioner
18.23 	of the date of discharge, transfer, or death in a manner determined by the executive board.
18.24 	(b) (d) The commissioner of human services executive board shall cause to be devised, 
18.25 	installed, and operated maintain an adequate system of records and statistics which shall 
18.26 	consist offor all basic record forms, including patient personal records and medical record 
18.27 	forms, and the manner of their use shall be precisely uniform. The use and maintenance of 
18.28 	such records must be consistent throughout all state-operated services facilities.

18.29 	Sec. 4. Minnesota Statutes 2022, section 246.13, subdivision 2, is amended to read:
18.30 		Subd. 2.Definitions; risk assessment and management. (a) As used in this section:
18.31 	(1) "appropriate and necessary medical and other records" includes patient medical 
18.32 	records and other protected health information as defined by Code of Federal Regulations, 
19.1 	title 45, section 164.501, relating to a patient in a state-operated services facility including,
19.2 	but not limited to, the patient's treatment plan and abuse prevention plan that is pertinent to 
19.3 	the patient's ongoing care, treatment, or placement in a community-based treatment facility 
19.4 	or a health care facility that is not operated by state-operated services, and includes including
19.5 	information describing the level of risk posed by a patient when the patient enters the facility;
19.6 	(2) "community-based treatment" means the community support services listed in section 
19.7 	253B.02, subdivision 4b;
19.8 	(3) "criminal history data" means those data maintained or used by the Departments of 
19.9 	Corrections and Public Safety and by the supervisory authorities listed in section 13.84, 
19.10 	subdivision 1, that relate to an individual's criminal history or propensity for violence, 
19.11 	including data in the:
19.12 	(i) Corrections Offender Management System (COMS) and;
19.13 	(ii) Statewide Supervision System (S3) maintained by the Department of Corrections; 
19.14 	and
19.15 	(iii) Bureau of Criminal Apprehension criminal history data as defined in section 13.87,;
19.16 	(iv) Integrated Search Service as defined in section 13.873,; and the
19.17 	(v) Predatory Offender Registration (POR) system maintained by the Department of 
19.18 	Public Safety;
19.19 	(4) "designated agency" means the agency defined in section 253B.02, subdivision 5;
19.20 	(5) "law enforcement agency" means the law enforcement agency having primary 
19.21 	jurisdiction over the location where the offender expects to reside upon release;
19.22 	(6) "predatory offender" and "offender" mean a person who is required to register as a 
19.23 	predatory offender under section 243.166; and
19.24 	(7) "treatment facility" means a facility as defined in section 253B.02, subdivision 19.
19.25 	(b) To promote public safety and for the purposes and subject to the requirements of 
19.26 	this paragraph, the commissioner or the commissioner's The executive board or the executive 
19.27 	board's designee shall have access to, and may review and disclose, medical and criminal 
19.28 	history data as provided by this section, as necessary to comply with Minnesota Rules, part 
19.29 	1205.0400, to:
19.30 	(1) to determine whether a patient is required under state law to register as a predatory 
19.31 	offender according to section 243.166;
20.1 	(2) to facilitate and expedite the responsibilities of the special review board and 
20.2 	end-of-confinement review committees by corrections institutions and state treatment 
20.3 	facilities;
20.4 	(3) to prepare, amend, or revise the abuse prevention plans required under section 
20.5 	626.557, subdivision 14, and individual patient treatment plans required under section 
20.6 	253B.03, subdivision 7;
20.7 	(4) to facilitate the custody, supervision, and transport of individuals transferred between 
20.8 	the Department of Corrections and the Department of Human Services Direct Care and 
20.9 	Treatment; or and
20.10 	(5) to effectively monitor and supervise individuals who are under the authority of the 
20.11 	Department of Corrections, the Department of Human Services Direct Care and Treatment, 
20.12 	and the supervisory authorities listed in section 13.84, subdivision 1.
20.13 	(c) The state-operated services treatment facility or a designee must make a good faith 
20.14 	effort to obtain written authorization from the patient before releasing information from the 
20.15 	patient's medical record.
20.16 	(d) If the patient refuses or is unable to give informed consent to authorize the release 
20.17 	of information required above under this subdivision, the chief executive officer for 
20.18 	state-operated services or a designee shall provide the appropriate and necessary medical 
20.19 	and other records. The chief executive officer or a designee shall comply with the minimum 
20.20 	necessary privacy requirements.
20.21 	(e) The commissioner executive board may have access to the National Crime Information 
20.22 	Center (NCIC) database, through the Department of Public Safety, in support of the law 
20.23 	enforcement public safety functions described in paragraph (b).

20.24 	Sec. 5. Minnesota Statutes 2022, section 246.13, subdivision 3, is amended to read:
20.25 		Subd. 3.Community-based treatment and medical treatment. (a) When a patient 
20.26 	under the care and supervision of state-operated services is released to a community-based 
20.27 	treatment facility or health care facility that provides health care services, state-operated 
20.28 	services may disclose all appropriate and necessary health and other information relating 
20.29 	to the patient.
20.30 	(b) The information that must be provided under paragraph (a) to the designated agency, 
20.31 	community-based treatment facility, or health care facility that provides health care services
20.32 	includes, but is not limited to, the patient's abuse prevention plan required under section 
20.33 	626.557, subdivision 14, paragraph (b).

21.1 	Sec. 6. Minnesota Statutes 2022, section 246.13, subdivision 4, is amended to read:
21.2 		Subd. 4.Predatory offender registration notification. (a) When the head of a 
21.3 	state-operated facility or a designee determines that a patient is required under section 
21.4 	243.166 to register as a predatory offender under section 243.166or, under section 243.166, 
21.5 	subdivision 4a, to provide notice of a change in status under section 243.166, subdivision 
21.6 	4a, the head of the facility or a designee shall provide written notice to the patient of the 
21.7 	requirement.
21.8 	(b) If the patient refuses, is unable, or lacks capacity to comply with the requirement
21.9 	requirements described in paragraph (a) within five days after receiving the notification of 
21.10 	the duty to comply, state-operated services staff shall obtain and disclose the necessary data 
21.11 	to complete the registration form or change of status notification for the patient. The head 
21.12 	of the treatment facility or a designee shall also forward the completed registration or change 
21.13 	of status data that it completes to the Bureau of Criminal Apprehension and, as applicable, 
21.14 	the patient's corrections agent and the law enforcement agency in the community in which 
21.15 	the patient currently resides. If, after providing notification, the patient refuses to comply 
21.16 	with the requirements described in paragraph (a), the head of the treatment facility or a 
21.17 	designee shall also notify the county attorney in the county in which the patient is currently 
21.18 	residing of the refusal.
21.19 	(c) The duties of state-operated services described in this subdivision do not relieve the 
21.20 	patient of the ongoing individual duty to comply with the requirements of section 243.166.

21.21 	Sec. 7. Minnesota Statutes 2022, section 246.141, is amended to read:
21.22 	246.141 PROJECT LABOR.
21.23 	Wages for project labor may be paid by the commissioner executive board out of repairs 
21.24 	and betterments money if the individual performing project labor is to be engaged in a 
21.25 	construction project or a repair project of short-term and nonrecurring nature. Compensation 
21.26 	for project labor shall must be based on the prevailing wage rates, as defined in section 
21.27 	177.42, subdivision 6. Project laborers are excluded from the provisions of sections 43A.22
21.28 	to 43A.30, and shall not be are not eligible for state-paid insurance and benefits.

21.29 	Sec. 8. Minnesota Statutes 2022, section 246.15, subdivision 1, is amended to read:
21.30 		Subdivision 1.Record keeping of money. The head of the state-operated services facility 
21.31 	or a designee under the jurisdiction of the commissioner of human services may have the 
21.32 	care and, may receive and maintain custody of all money belonging to patients or residents 
22.1 	which may come into the head of the state-operated services facility or designee's hands
22.2 	under the jurisdiction of the executive board. The head of the state-operated services facility 
22.3 	or a designee shall keep accurate accounts of the money, and pay them money out under 
22.4 	rules prescribed by law or by the commissioner of human services executive board, taking 
22.5 	vouchers for the money. All money received by any officer or employee shall be paid on 
22.6 	behalf of an individual under the jurisdiction of the facility must be provided to the head of 
22.7 	the state-operated services facility or a designee immediately. Every head of the 
22.8 	state-operated services facility or a designee, at the close of each month, or earlier if required 
22.9 	by the commissioner executive board, shall forward to the commissioner executive board
22.10 	a statement of the amount of all money received and the names of the patients or residents 
22.11 	from whom received, accompanied by a check for the amount, payable to the commissioner 
22.12 	of management and budget. On receipt of the statement, the commissioner executive board
22.13 	shall transmit the statement along with a the check to the commissioner of management and 
22.14 	budget. Upon the payment of the check, the commissioner of management and budget shall 
22.15 	credit the amount shall be credited to a fund to be known as "Client Fund," for the institution 
22.16 	from which the check was received. All funds shall be paid out by the commissioner of 
22.17 	management and budgetThe commissioner of management and budget shall pay out all 
22.18 	money upon vouchers duly approved by the commissioner of human services executive 
22.19 	board. The commissioner executive board may permit a contingent fund to remain in the 
22.20 	hands of the head of the state-operated services facility or a designee of the institution from 
22.21 	which necessary expenditures may be made.

22.22 	Sec. 9. Minnesota Statutes 2022, section 246.15, subdivision 3, is amended to read:
22.23 		Subd. 3.Forensic patient transition savings account in secure treatment facilities. The 
22.24 	commissioner of human services executive board shall create a savings account for each 
22.25 	patient receiving treatment in a secure treatment facility as defined by sections 253B.02, 
22.26 	subdivision 18a, and 253D.02, subdivision 13. The source of money to be Money deposited 
22.27 	in this account shall must come from a portion of the patient's share of the cost of care. The 
22.28 	money in this savings account shall must be made available to the patient when the patient 
22.29 	is ready to be transitioned into the community. The money in the account shall must be used 
22.30 	for expenses associated with obtaining housing and other personal needs necessary for the 
22.31 	patient's smooth transition into the community. The savings account shall be called "forensic 
22.32 	patient transition savings account."

23.1 	Sec. 10. Minnesota Statutes 2022, section 246.151, subdivision 1, is amended to read:
23.2 		Subdivision 1.Compensation. Notwithstanding any law to the contrary, the 
23.3 	commissioners of human services and veterans affairs are executive board is authorized to 
23.4 	provide for the payment to patients or residents of state institutions under their management 
23.5 	and control of pay patients or residents of state institutions such pecuniary compensation 
23.6 	as required by the United States Department of Labor. Payment of subminimum wages shall
23.7 	must meet all requirements of United States Department of Labor Regulations, Code of 
23.8 	Federal Regulations, title 29, part 525. The amount of compensation depends upon the 
23.9 	quality and character of the work performed as determined by the commissioner executive 
23.10 	board and the chief executive officer pursuant to section 177.24.

23.11 	Sec. 11. Minnesota Statutes 2022, section 246.151, subdivision 2, is amended to read:
23.12 		Subd. 2.Imprest cash fund. The commissioners of human services and veterans affairs
23.13 	executive board may establish an imprest cash fund at for each of the state-operated 
23.14 	residential facilities with on-campus work programs to be utilized for payment to pay
23.15 	residents participating in an on-campus work programs program.

23.16 	Sec. 12. Minnesota Statutes 2022, section 246.16, is amended to read:
23.17 	246.16 UNCLAIMED MONEY OR PERSONAL PROPERTY.
23.18 		Subdivision 1.Unclaimed money. When money has accumulated in the hands of the 
23.19 	head of the state-operated services facility or designee a patient or resident in a state-operated 
23.20 	services facility under the jurisdiction of the commissioner of human services money 
23.21 	belonging to patients or residents of the institution who have died there, or disappeared 
23.22 	from there, and for which executive board dies or is absent without authorization leaving 
23.23 	money in the control of the head of the facility or a designee, and there is no claimant or 
23.24 	person entitled to the money known to the head of the state-operated services facility or 
23.25 	designee the money may, at the discretion of the head of the state-operated services facility 
23.26 	or designee, be expended under the direction of the head of the state-operated services
23.27 	facility or designee for the benefit of the patients or residents of the institution facility. No 
23.28 	money shall be used The head of the facility or designee must not spend any such unclaimed 
23.29 	money until it has remained unclaimed for at least five years. If, at any time after the 
23.30 	expiration of the five years, the legal heirs of the patients or residents appear and make 
23.31 	proper proof of heirship, they shall be are entitled to receive from the state the sum of money 
23.32 	expended by the head of the state-operated services facility or designee belonging to the 
23.33 	patient or resident.
24.1 		Subd. 2.Unclaimed personal property. When any a patient or resident of a 
24.2 	state-operated services facility under the jurisdiction of the commissioner of human services
24.3 	executive board dies or disappears from the state-operated services facility is absent without 
24.4 	authorization, leaving personal property exclusive of money in the custody of the head of 
24.5 	the state-operated services facility or designee and the property remains unclaimed for a 
24.6 	period of two years, with no person entitled to the property known to the head of the 
24.7 	state-operated services or designee, the head of the state-operated services facility or designee 
24.8 	may sell the property at public auction. Notice of the sale shall must be published for two 
24.9 	consecutive weeks in a legal newspaper in the county where the state-operated services 
24.10 	facility is located and shall must state the time and place of the sale. The proceeds of the 
24.11 	sale, after deduction of the costs of publication and auction, may be expended, at the 
24.12 	discretion of the head of the state-operated services facility or designee, for the benefit of 
24.13 	the patients or residents of the state-operated services facility. Any patient or resident, or 
24.14 	heir or representative of the patient or resident, may file with, and make proof of ownership 
24.15 	to, the head of the state-operated services facility or designee of the state-operated services 
24.16 	facility disposing of the personal property within four years after the sale, and,. Upon 
24.17 	satisfactory proof to the head of the state-operated services or designee, the head of the 
24.18 	state-operated services or designee shall certify for payment to the commissioner of 
24.19 	management and budget the amount received by the sale of the property.
24.20 		Subd. 3.Legal action. No suit shall be brought for damages consequent to the disposal 
24.21 	of personal property or use of money in accordance with this section against the state or 
24.22 	any official, employee, or agent thereof.

24.23 	Sec. 13. Minnesota Statutes 2022, section 246.18, subdivision 1, is amended to read:
24.24 		Subdivision 1.Generally. Except as provided in subdivisions 2 and subdivision 4, every 
24.25 	officer and employee of the several institutions under the jurisdiction of the commissioner 
24.26 	of human services executive board who has money belonging to an institution shall pay the 
24.27 	money to the accounting chief financial officer thereof or a designee of that institution. 
24.28 	Every accounting officer, at the close of each month or oftener, At the close of each month, 
24.29 	at a minimum, the chief financial officer of every institution shall forward to the 
24.30 	commissioner of human services executive board a statement of the amount and sources of 
24.31 	all money received. On receipt of the statement, the commissioner executive board shall 
24.32 	transmit the same to the commissioner of management and budget, who shall deliver a draft 
24.33 	upon to the accounting chief financial officer or a designee for the same specifying the funds 
24.34 	to which it is to be credited money credited to the institution. Upon payment of such draft, 
24.35 	the amount shall be so credited.

25.1 	Sec. 14. Minnesota Statutes 2022, section 246.18, subdivision 4, is amended to read:
25.2 		Subd. 4.Collections deposited in the general fund. Except as provided in subdivisions 
25.3 	5, 4a to 6, and 7, all receipts from collection efforts for the regional treatment centers, state 
25.4 	nursing homes and other state facilities as defined in section 246.50, subdivision 3, must 
25.5 	be deposited in the general fund. From that amount, receipts from collection efforts for the 
25.6 	Anoka-Metro Regional Treatment Center and community behavioral health hospitals must 
25.7 	be deposited in accordance with subdivision 4a. The commissioner executive board shall 
25.8 	ensure that the departmental financial reporting systems and internal accounting procedures 
25.9 	comply with federal standards for reimbursement for program and administrative expenditures 
25.10 	and fulfill the purpose of this subdivision.

25.11 	Sec. 15. Minnesota Statutes 2022, section 246.18, subdivision 4a, is amended to read:
25.12 		Subd. 4a.Mental health innovation account. The mental health innovation account is 
25.13 	established in the special revenue fund. Beginning in fiscal year 2018, $1,000,000 of the 
25.14 	revenue generated by collection efforts from the Anoka-Metro Regional Treatment Center 
25.15 	and community behavioral health hospitals under section 246.54each fiscal year must 
25.16 	annually be deposited into the mental health innovation account. Money deposited in the 
25.17 	mental health innovation account is appropriated to the commissioner of human services 
25.18 	for the mental health innovation grant program under section 245.4662.

25.19 	Sec. 16. Minnesota Statutes 2022, section 246.18, subdivision 5, is amended to read:
25.20 		Subd. 5.Funded depreciation accounts for state-operated, community-based 
25.21 	programs. Separate interest-bearing funded depreciation accounts shall must be established 
25.22 	in the state treasury for state-operated, community-based programs serving persons with 
25.23 	developmental disabilities meeting the definition of a facility in Minnesota Rules, part 
25.24 	9553.0020, subpart 19, or a vendor in section 252.41, subdivision 9. As payments for 
25.25 	state-operated community-based services provided by such intermediate care facilities for 
25.26 	persons with developmental disabilities and vendors are received by the commissioner
25.27 	executive board, the portion of the payment rate representing allowable depreciation expense 
25.28 	and the capital debt reduction allowance shall must be deposited in the state treasury and 
25.29 	credited to the separate interest-bearing accounts as dedicated receipts with. Unused funds 
25.30 	carried money credited to the separate interest-bearing accounts as dedicated receipts carries
25.31 	over to the next fiscal year. Funds Money within these funded depreciation accounts are 
25.32 	appropriated to the commissioner of human services executive board for the purchase or 
25.33 	replacement of capital assets or payment of capitalized repairs for each respective program. 
26.1 	These accounts will satisfy the requirements of Minnesota Rules, part 9553.0060, subparts 
26.2 	1, item E, and 5.

26.3 	Sec. 17. Minnesota Statutes 2022, section 246.18, subdivision 6, is amended to read:
26.4 		Subd. 6.Collections dedicated. (a) Except for state-operated programs funded through 
26.5 	a direct appropriation from the legislature, any state-operated program or service established 
26.6 	and operated as an enterprise activity shall retain retains the revenues earned in an 
26.7 	interest-bearing account.
26.8 	(b) When the commissioner executive board determines the intent to transition from a 
26.9 	direct appropriation to enterprise activity for which the commissioner executive board has 
26.10 	authority, the executive board shall retain and deposit all collections for the targeted 
26.11 	state-operated service shall be retained and deposited into an interest-bearing account. At 
26.12 	the end of the fiscal year, prior to establishing the enterprise activity, the executive board 
26.13 	shall deposit collections up to the amount of the appropriation for the targeted service shall 
26.14 	be deposited to in the general fund. All funds The executive board shall retain all money in 
26.15 	excess of the amount of the appropriation will be retained and used for use by the enterprise 
26.16 	activity for cash flow purposes.
26.17 	These funds (c) The money equaling the appropriation for the targeted service returned 
26.18 	to the general fund must be deposited in the state treasury in a revolving account and funds. 
26.19 	Money in the revolving account are is appropriated to the commissioner executive board
26.20 	to operate the services authorized, and any unexpended balances do not cancel but are 
26.21 	available until spent.

26.22 	Sec. 18. Minnesota Statutes 2022, section 246.23, is amended to read:
26.23 	246.23 PERSONS ADMISSIBLE TO REGIONAL TREATMENT CENTERS.
26.24 		Subdivision 1.Residence. No person who has not a settlement in a county, as defined 
26.25 	in section 256G.02, subdivision 4, shall be admitted to a regional treatment center for persons 
26.26 	with mental illness, developmental disability, or substance use disorder, except that the 
26.27 	commissioner of human services may authorize admission thereto when the residence cannot 
26.28 	be ascertained, or when the circumstances in the judgment of the commissioner make it 
26.29 	advisable. When application is made to a judge exercising probate jurisdiction for admission 
26.30 	to any of the regional treatment centers above named for admission thereto, if the judge 
26.31 	finds that the person for whom application is made has not such residence, or that residence 
26.32 	cannot be ascertained, the judge shall so report to the commissioner; and may recommend 
26.33 	that such person be admitted notwithstanding, giving reasons therefor. The commissioner 
27.1 	of human services shall thereupon investigate the question of residence and, if the 
27.2 	commissioner finds that such person has not such residence and has a legal residence in 
27.3 	another state or country, the commissioner may cause the person to be returned thereto at 
27.4 	the expense of this state.
27.5 		Subd. 2.State-operated substance use disorder treatment. The commissioner 
27.6 	executive board shall maintain a regionally based, state-administered system of substance 
27.7 	use disorder programs. Counties may refer individuals who are eligible for services under 
27.8 	chapter 254B to the substance use disorder units in the regional treatment centers.
27.9 		Subd. 3.County per diem cost. A 15 percent county share of the per diem cost of 
27.10 	treatment is required for individuals served within the treatment capacity funded by direct 
27.11 	legislative appropriation.
27.12 		Subd. 4.Criteria. By July 1, 1991, the commissioner The executive board shall establish 
27.13 	criteria for admission to the substance use disorder units that will to maximize federal and 
27.14 	private funding sources, fully utilize the regional treatment center capacity, and make 
27.15 	state-funded treatment capacity available to counties on an equitable basis. The admission 
27.16 	criteria may be adopted without rulemaking. Existing rules governing placements under 
27.17 	chapters 254A and 254B do not apply to admissions to the capacity funded by direct 
27.18 	appropriation.
27.19 		Subd. 5.Private and third-party payments. Private and third-party collections and 
27.20 	payments are appropriated to the commissioner for the operation of the substance use 
27.21 	disorder units.
27.22 		Subd. 6.Treatment of additional individuals. In addition to the chemical dependency
27.23 	substance use disorder treatment capacity funded by direct legislative appropriation, the 
27.24 	regional treatment centers may also provide treatment to additional:
27.25 	(1) individuals whose treatment is paid for out of the behavioral health fund under chapter 
27.26 	254B, in which case placement rules adopted under chapter 254B apply; to those
27.27 	(2) individuals who are ineligible under the behavioral health fund but who are committed 
27.28 	for treatment under chapter 253B as provided in section 254B.05, subdivision 4; or to and
27.29 	(3) individuals who are covered through other nonstate payment sources.

28.1 	Sec. 19. Minnesota Statutes 2022, section 246.325, is amended to read:
28.2 	246.325 GARDEN OF REMEMBRANCE.
28.3 	The cemetery located on the grounds of the former Cambridge State Hospital shall be 
28.4 	known as the Garden of Remembrance.

28.5 	Sec. 20. Minnesota Statutes 2022, section 246.33, subdivision 1, is amended to read:
28.6 		Subdivision 1.Cemetery and burial for individual in a state institution. The 
28.7 	commissioner of human services executive board may establish and maintain a cemetery 
28.8 	for the burial of any patient, inmate, or person admitted to any state institution under control 
28.9 	of the commissioner executive board upon the public grounds of such institution in the 
28.10 	manner set forth in the following subdivisions this section.

28.11 	Sec. 21. Minnesota Statutes 2022, section 246.33, subdivision 2, is amended to read:
28.12 		Subd. 2.Land surveyance required. The land shall be surveyed and a plat thereof made
28.13 	In establishing and maintaining a cemetery under subdivision 1, the executive board must 
28.14 	survey the land of the potential location of the cemetery and create a plat.

28.15 	Sec. 22. Minnesota Statutes 2022, section 246.33, subdivision 3, is amended to read:
28.16 		Subd. 3.Marking cemetery boundary. A stone or other monument shall be established 
28.17 	to mark each corner of such cemetery, and its location shown on the plat The executive 
28.18 	board must clearly mark the cemetery's boundaries at the physical location of the cemetery 
28.19 	and record the boundary locations on the plat required by subdivision 2.

28.20 	Sec. 23. Minnesota Statutes 2022, section 246.33, subdivision 4, is amended to read:
28.21 		Subd. 4.Plots in cemetery. The cemetery shall be platted into lots, which shall be 
28.22 	numbered; it shall have streets and walks, and the same shall be shown on the plat. All 
28.23 	containing graves shall be indicated by an appropriate marker of permanent nature for 
28.24 	identification purposes executive board must plat the cemetery into numbered lots. The 
28.25 	executive board must provide for streets and walkways to, from, and within the cemetery 
28.26 	and clearly mark the streets and walkways on the plat. The executive board must provide 
28.27 	an appropriate permanent identification marker upon each individual grave. Notwithstanding 
28.28 	section 13.46, the commissioner of human services executive board may share private data 
28.29 	on individuals for purposes of placing a marker on each grave.

29.1 	Sec. 24. Minnesota Statutes 2022, section 246.33, subdivision 5, is amended to read:
29.2 		Subd. 5.Surveyor certification. The surveyor shall certify as to the correctness of the 
29.3 	plat by endorsement executive board must obtain certification from the surveyor as to the 
29.4 	accuracy of the plat.

29.5 	Sec. 25. Minnesota Statutes 2022, section 246.33, subdivision 6, is amended to read:
29.6 		Subd. 6.County recording. The plat with the surveyor's endorsement thereon shall be 
29.7 	filed for record (a) The executive board must file the plat with the surveyor's certification
29.8 	with the county recorder in the county wherein where the cemetery is located. The head of 
29.9 	the institution or a designee must keep a copy of the plat shall be kept in the office of the 
29.10 	superintendent of at the institution, together location of the institution with a register showing 
29.11 	the name of the persons buried in the cemetery and the lot in which they are buried.

29.12 	Sec. 26. Minnesota Statutes 2022, section 246.34, subdivision 1, is amended to read:
29.13 		Subdivision 1.Requirements for reburial reinterment. The commissioner of human 
29.14 	services may remove executive board must comply with all provisions of this section to 
29.15 	exhume the body of any person now buried in a cemetery situated upon on the land belonging 
29.16 	to the state for public institution purposes and rebury it reinter the remains in a cemetery 
29.17 	created under the provisions of section 246.33, by complying with the provisions set forth 
29.18 	in the following subdivisions of this section.

29.19 	Sec. 27. Minnesota Statutes 2022, section 246.34, subdivision 2, is amended to read:
29.20 		Subd. 2.District court approval needed. (a) The commissioner executive board shall 
29.21 	petition the district court of the county wherein where the present cemetery is situated setting
29.22 	located for an order authorizing the reinterment of a person under subdivision 1. The petition 
29.23 	must set forth the reasons for such removal, the place to which the body is to be removed, 
29.24 	and praying for an order of the court authorizing such removal reinterment of the person 
29.25 	and the proposed location for the reinterment of the person.
29.26 	(b) Upon the presentation of such petition, the court shall make its order setting the time, 
29.27 	which shall not be less than 60 days from the date of the order, and the place for hearing 
29.28 	the same filing of a petition under paragraph (a), the court must issue an order for a hearing 
29.29 	setting the location, date, and time of a hearing on the petition. The court must set the hearing 
29.30 	date at least 60 days after the order for hearing.
29.31 	(c) The commissioner executive board shall serve the nearest relative or, if the 
29.32 	commissioner executive board cannot locate any relative, some friend of the person whose 
30.1 	body is to be removed exhumed by mailing a copy of the petition and court's order for 
30.2 	hearing to the relative at least 30 days before the date of hearing and file the filing an affidavit 
30.3 	of mailing with the court administrator of district court. If the commissioner executive board
30.4 	is unable to locate a relative or friend, the commissioner executive board shall make an 
30.5 	affidavit to that effect and file the same affidavit with the court administrator of district 
30.6 	court.

30.7 	Sec. 28. Minnesota Statutes 2022, section 246.34, subdivision 3, is amended to read:
30.8 		Subd. 3.Court order. (a) Upon the hearing of such the petition, if the court determines 
30.9 	that it is for the best interests of the public, and the relatives and friends that such body be 
30.10 	removed and that the same will be conducted in a manner commensurate with the methods 
30.11 	commonly employed for the reburial of the dead in the community of the person to be 
30.12 	exhumed and reinterred, the court shall make its issue an order authorizing such removal, 
30.13 	setting forth the exhumation. The order must set forth the time within which such removal 
30.14 	shall be accomplished the exhumation must occur and the place to which the body is to be 
30.15 	removed person is to be reinterred.
30.16 	(b) Upon completion of such removal the exhumation, the director shall cause the name 
30.17 	of the person so removed to be entered head of the institution or a designee shall document
30.18 	in the register, together with required by section 246.33, subdivision 6, paragraph (b), the 
30.19 	name of the person exhumed and the number of the lot in the cemetery in which the person 
30.20 	was reinterred and file an affidavit thereof containing that information with the court 
30.21 	administrator of district court.

30.22 	Sec. 29. Minnesota Statutes 2022, section 246.35, is amended to read:
30.23 	246.35 ABANDONMENT OF CEMETERY; COURT ORDER.
30.24 	If the court makes its order under the provisions of section 246.34 authorizing the removal 
30.25 	of bodies from a cemetery and the same is accomplished in accordance with such order and 
30.26 	the commissioner files affidavits of such removal as hereinbefore provided, together with 
30.27 	an affidavit that the commissioner has caused a thorough search to be made, and there are 
30.28 	no more dead bodies remaining in such cemetery to the best of the commissioner's 
30.29 	knowledge, information and belief, The district court may make its order of the county 
30.30 	where a cemetery exists on the grounds of a state institution may issue an order authorizing 
30.31 	the abandonment and discontinued use of such cemetery and thereby discontinue its use as 
30.32 	such. when the executive board files affidavits attesting:
30.33 	(1) to all exhumations completed under section 246.34; and
31.1 	(2) that the executive board has thoroughly searched the cemetery on the grounds of the 
31.2 	state institution and no people remain buried in the cemetery to the executive board's 
31.3 	knowledge, information, and belief.

31.4 	Sec. 30. Minnesota Statutes 2022, section 246.50, subdivision 1, is amended to read:
31.5 		Subdivision 1.Scope. For the purposes of sections 246.50 to 246.55, the terms set out 
31.6 	in subdivisions 2 to 8 this section shall have the meanings ascribed to them.

31.7 	Sec. 31. Minnesota Statutes 2022, section 246.50, subdivision 5, is amended to read:
31.8 		Subd. 5.Cost of care. "Cost of care" means the commissioner's charge for services 
31.9 	provided to any person admitted to a state facility.
31.10 	For purposes of this subdivision, "charge for services" means the usual and customary 
31.11 	fee charged by the executive board for services provided to clients. The executive board 
31.12 	shall establish the usual and customary fee shall be established in a manner required to 
31.13 	appropriately bill services to all payers and shall include the costs related to the operations 
31.14 	of any program offered by the state.

31.15 	Sec. 32. Minnesota Statutes 2022, section 246.50, subdivision 6, is amended to read:
31.16 		Subd. 6.Relatives. "Relatives" means the spouse, and parents of a client, in that order 
31.17 	of liability for cost of care.

31.18 	Sec. 33. Minnesota Statutes 2022, section 246.50, subdivision 7, is amended to read:
31.19 		Subd. 7.Client's county. "Client's county" means the county of financial responsibility 
31.20 	under chapter 256G section 256G.02, except that where a client with no residence in this 
31.21 	state is committed while serving a sentence at a penal institution, it correctional facility, 
31.22 	"client's county" means the county from which the client was sentenced.

31.23 	Sec. 34. Minnesota Statutes 2022, section 246.50, subdivision 8, is amended to read:
31.24 		Subd. 8.Local social services agency. "Local social services agency" means the local 
31.25 	social services agency of the client's county as defined in subdivision 7 and of, the county 
31.26 	of commitment, and any other local social services agency possessing information regarding
31.27 	the financial circumstances of the client or the client's relatives, or any local social services 
31.28 	agency requested by the commissioner executive board to investigate, the financial 
31.29 	circumstances of a client or the client's relatives thereof.

32.1 	Sec. 35. Minnesota Statutes 2022, section 246.50, subdivision 11, is amended to read:
32.2 		Subd. 11.Health plan company. "Health plan company" has the meaning given it in 
32.3 	section 62Q.01, subdivision 4, and also includes:
32.4 	(1) a demonstration provider as defined in section 256B.69, subdivision 2, paragraph 
32.5 	(b),;
32.6 	(2) a county or group of counties participating in county-based purchasing according to 
32.7 	section 256B.692,; and
32.8 	(3) a children's mental health collaborative under contract to provide medical assistance 
32.9 	for individuals enrolled in the prepaid medical assistance and MinnesotaCare programs 
32.10 	under sections 245.493 to 245.495.

32.11 	Sec. 36. Minnesota Statutes 2022, section 246.51, subdivision 1a, is amended to read:
32.12 		Subd. 1a.Clients in state-operated community-based programs; determination. The 
32.13 	commissioner executive board shall determine available health plan coverage from a health 
32.14 	plan company for services provided to clients admitted to a state-operated community-based 
32.15 	program. If the health plan coverage requires a co-pay or deductible, or if there is no available 
32.16 	health plan coverage, the commissioner executive board shall determine or redetermine 
32.17 	what part of the noncovered cost of care, if any, the client is able to pay. If the client is 
32.18 	unable to pay the uncovered cost of care, the commissioner executive board shall determine 
32.19 	the client's relatives' ability to pay. The client and relatives shall provide to the commissioner
32.20 	executive board documents and proof necessary to determine the client's and relatives' ability 
32.21 	to pay. Failure to provide the commissioner executive board with sufficient information to 
32.22 	determine ability to pay may make the client or relatives liable for the full cost of care until 
32.23 	the time when sufficient information is provided. If it is determined the executive board 
32.24 	determines that the responsible party does not have the ability to pay, the commissioner
32.25 	executive board shall waive payment of the portion that exceeds ability to pay under the 
32.26 	determination.

32.27 	Sec. 37. Minnesota Statutes 2022, section 246.51, subdivision 1b, is amended to read:
32.28 		Subd. 1b.Clients served by regional treatment centers or nursing homes; 
32.29 	determination. The commissioner executive board shall determine or redetermine, if 
32.30 	necessary, what part of the cost of care, if any, a client served who received services in 
32.31 	regional treatment centers or nursing homes operated by state-operated services is able to 
32.32 	pay. If the client is unable to pay the full cost of care, the commissioner executive board
33.1 	shall determine if the client's relatives have the ability to pay. The client and relatives shall 
33.2 	provide to the commissioner executive board documents and proof necessary to determine 
33.3 	the client's and relatives' ability to pay. Failure to provide the commissioner executive board
33.4 	with sufficient information to determine ability to pay may make the client or relatives liable 
33.5 	for the full cost of care until the time when sufficient information is provided. No parent 
33.6 	shall be is liable for the cost of care given a client at a regional treatment center after the 
33.7 	client has reached the age of 18 years.

33.8 	Sec. 38. Minnesota Statutes 2022, section 246.51, subdivision 2, is amended to read:
33.9 		Subd. 2.Rules. The commissioner executive board shall adopt, pursuant to the 
33.10 	Administrative Procedure Act, rules establishing uniform standards for determination of 
33.11 	client liability and relative, guardian or conservator responsibility for care provided at state 
33.12 	facilities. The standards for determination may differ for mental illness, substance use 
33.13 	disorder, or developmental disability. The standards established in rules adopted under 
33.14 	chapter 254B shall must determine the amount of client and relative responsibility when a 
33.15 	portion of the client's cost of care has been paid under chapter 254B. These rules shall must
33.16 	have the force and effect of law.

33.17 	Sec. 39. Minnesota Statutes 2022, section 246.511, is amended to read:
33.18 	246.511 RELATIVE RESPONSIBILITY.
33.19 	Except for substance use disorder services paid for with funds money provided under 
33.20 	chapter 254B, a client's relatives shall not, pursuant to the commissioner's authority under 
33.21 	section 246.51, be ordered the executive board must not require under section 246.51 a 
33.22 	client's relatives to pay more than the following: (1) for services provided in a 
33.23 	community-based service, the noncovered cost of care as determined under the ability to 
33.24 	pay determination; and (2) for services provided at a regional treatment center operated by 
33.25 	state-operated services, 20 percent of the cost of care, unless they the relatives reside outside 
33.26 	the state. The executive board must determine the responsibility of parents of children in 
33.27 	state facilities shall have their responsibility to pay determined according to section 252.27, 
33.28 	subdivision 2, or in rules adopted under chapter 254B if the cost of care is paid under chapter 
33.29 	254B. The commissioner executive board may accept voluntary payments in excess of 20 
33.30 	percent. The commissioner executive board may require full payment of the full per capita 
33.31 	cost of care in state facilities for clients whose parent, parents, spouse, guardian, or 
33.32 	conservator do not reside in Minnesota.

34.1 	Sec. 40. Minnesota Statutes 2022, section 246.52, is amended to read:
34.2 	246.52 PAYMENT FOR CARE; ORDER; ACTION.
34.3 	(a) The commissioner executive board shall issue an order to the client or the guardian 
34.4 	of the estate, if there be one applicable, and relatives determined able to pay requiring them 
34.5 	to pay to the state of Minnesota the amounts so determined the total of which shall under 
34.6 	sections 246.51 and 246.511, not to exceed the full cost of care. Such The order shall must
34.7 	specifically state the commissioner's determination of the executive board and shall be 
34.8 	conclusive is final unless appealed from as herein provided pursuant to section 246.55.
34.9 	(b) When a client or relative fails to pay the amount due hereunder under an order of 
34.10 	the executive board, the attorney general, upon request of the commissioner executive board, 
34.11 	may institute, or direct the appropriate county attorney to institute, civil action to recover 
34.12 	such amount.

34.13 	Sec. 41. Minnesota Statutes 2022, section 246.53, subdivision 1, is amended to read:
34.14 		Subdivision 1.Client's estate. Upon the death of a client, or a former client, who received 
34.15 	services, the executive board shall file a claim against the estate of the individual for the 
34.16 	total cost of care given provided to the client, less the amount actually paid toward the cost 
34.17 	of care by the client and the client's relatives, shall be filed by the commissioner as a claim 
34.18 	against the estate of the client with in the court having jurisdiction to probate the estate and.
34.19 	All proceeds collected by the state in the case shall must be divided between the state and 
34.20 	county in proportion to the cost of care each has borne.

34.21 	Sec. 42. Minnesota Statutes 2022, section 246.53, subdivision 2, is amended to read:
34.22 		Subd. 2.Preferred status. (a) An estate claim in subdivision 1 shall must be considered 
34.23 	an expense of the last illness for purposes of section 524.3-805.
34.24 	If the commissioner of human services (b) The executive board has the power to 
34.25 	compromise a claim under this section if the executive board determines that the property 
34.26 	or estate of any client is not more than does not exceed the minimum needed to care for and 
34.27 	maintain the spouse and minor or dependent children of a deceased client, the commissioner 
34.28 	has the power to compromise the claim of the state in a manner deemed just and proper.

34.29 	Sec. 43. Minnesota Statutes 2022, section 246.53, subdivision 4, is amended to read:
34.30 		Subd. 4.Exception from statute of limitations. Any statute of limitations that limits 
34.31 	the commissioner executive board in recovering the cost of care obligation incurred by a 
35.1 	client or former client shall who received services does not apply to any claim against an 
35.2 	estate made under this section to recover the cost of care.

35.3 	Sec. 44. Minnesota Statutes 2022, section 246.531, subdivision 1, is amended to read:
35.4 		Subdivision 1.Subrogation to client's rights. The Department of Human Services
35.5 	executive board shall be subrogated, to the extent of the cost of care for services given, to 
35.6 	the rights a client who receives treatment or care at a state facility may have under private 
35.7 	health care coverage. The right of subrogation does not attach to benefits paid or provided 
35.8 	under private health care coverage before the carrier issuing the health care coverage receives 
35.9 	written notice of the exercise of subrogation rights.

35.10 	Sec. 45. Minnesota Statutes 2022, section 246.531, subdivision 2, is amended to read:
35.11 		Subd. 2.Civil action. To recover under this section, the Department of Human Services
35.12 	executive board, with counsel of the attorney general, may institute or join in a civil action 
35.13 	against the carrier issuing the private health care coverage.

35.14 	Sec. 46. Minnesota Statutes 2022, section 246.54, subdivision 1, is amended to read:
35.15 		Subdivision 1.Generally.  Except for substance use disorder services provided under 
35.16 	sections 254B.01 to 254B.09, the client's county shall pay to the state of Minnesota a portion 
35.17 	of the cost of care provided in a regional treatment center or a state nursing facility to a 
35.18 	client legally settled in that county for which the county is the county of financial 
35.19 	responsibility under section 256B.02. A county's payment shall be made county must pay
35.20 	from the county's own sources of revenue and. Payments shall must equal a percentage of 
35.21 	the cost of care, as determined by the commissioner executive board, for each day, or the 
35.22 	portion thereof, that the client spends at a regional treatment center or a state nursing facility.

35.23 	Sec. 47. Minnesota Statutes 2022, section 246.55, is amended to read:
35.24 	246.55 APPEAL FROM ORDER OF COMMISSIONER EXECUTIVE BOARD.
35.25 	Clients or relatives aggrieved by an order of the commissioner executive board under 
35.26 	sections 246.50 to 246.55 may appeal from the order to the district court of the county in 
35.27 	which they reside by serving notice of the appeal on the commissioner executive board and 
35.28 	filing the notice, with proof of service, in the office of the court administrator of the district 
35.29 	court of the county within 30 days from the date the order was mailed, or a later date not 
35.30 	exceeding one year from the date of mailing as permitted by order of the court. The appeal 
35.31 	may be brought on for hearing by the appellant or the commissioner executive board upon 
36.1 	ten days' written notice. It shall be tried to the court which shall hear evidence it deems 
36.2 	necessary and by order affirm or modify The court must issue an order following an 
36.3 	evidentiary hearing affirming or modifying the order of the commissioner executive board. 
36.4 	When any order or determination of the commissioner executive board made under sections 
36.5 	246.50 to 246.55 is brought in question on appeal, the order or determination shall must be 
36.6 	determined de novo. Appeal from the order of the district court may be taken as in other 
36.7 	civil cases.

36.8 	Sec. 48. Minnesota Statutes 2022, section 246.56, subdivision 1, is amended to read:
36.9 		Subdivision 1.Therapeutic work activities. The commissioner of human services
36.10 	executive board is hereby authorized to establish work activity programs for the purpose 
36.11 	of providing therapeutic work activities for regional treatment center patients with mental 
36.12 	illness and regional treatment center residents with developmental disabilities. The executive 
36.13 	board may establish work activity programs may be established for the provision of services 
36.14 	and for the manufacture, processing and repairing of goods, wares, and merchandise. The 
36.15 	executive board may locate work activity programs may be located on the grounds of the 
36.16 	regional treatment center or at work sites in the community. In establishing services
36.17 	therapeutic work activities, the commissioner executive board shall cooperate with existing 
36.18 	agencies to avoid duplication of available services activities to the extent feasible.

36.19 	Sec. 49. Minnesota Statutes 2022, section 246.56, subdivision 2, is amended to read:
36.20 		Subd. 2.Powers of commissioner executive board. (a) The work activity programs 
36.21 	authorized herein shall be planned and designed The executive board must plan and design 
36.22 	the therapeutic work activities exclusively to provide therapeutic activities for workers with 
36.23 	a disability whose physical or mental impairment is so severe as to make productive capacity 
36.24 	inconsequential. Notwithstanding section 177.24, the activities within this program shall
36.25 	must conform to the rules and regulations relating to work activity centers promulgated by 
36.26 	the United States Department of Labor.
36.27 	(b) To accomplish the foregoing purpose the commissioner of human services shall have
36.28 	purpose in paragraph (a), the executive board has the power and authority to:
36.29 	(1) use the diversified labor fund established by Laws 1945, chapter 575, section 19, to 
36.30 	purchase equipment and remodel facilities of the state hospitals referred to in subdivision 
36.31 	1 to initiate the work activity program;
37.1 	(2) formulate a system of records and accounts which shall must at all times indicate 
37.2 	the extent of purchases, sales, wages, and bidding practices and which shall must be open 
37.3 	to public inspection;
37.4 	(3) contract with public or private entities for the provision of custodial, domestic, 
37.5 	maintenance, and other services carried out by patients or residents. To the extent that a 
37.6 	qualified direct care employee of a regional treatment center is available, staff services 
37.7 	required by the contract shall must be provided by that direct care employee.
37.8 	(b) The commissioner of human services shall (c) The executive board, subject to the 
37.9 	approval of the commissioner of education, have has the power and authority to:
37.10 	(1) create a work activity center revolving fund for the purpose of receiving and 
37.11 	expending money in the operation of the said programs;
37.12 	(2) contract with public and private industries for the manufacture, repair, or assembling 
37.13 	of work according to standard bidding practices;
37.14 	(3) use the revenue from the operation of said programs to pay wages to patients or 
37.15 	residents according to their productivity, purchase equipment and supplies and pay other 
37.16 	expenses necessary to the operation of the said programs;
37.17 	(4) utilize all available vocational rehabilitation services and encourage the integration 
37.18 	of the therapeutic work activity program activities into existing vocational rehabilitation 
37.19 	and community-based programs, so that the therapeutic work activity program will neither
37.20 	activities do not duplicate nor unfairly compete with existing public or private community 
37.21 	programs.

37.22 	Sec. 50. Minnesota Statutes 2022, section 246.56, subdivision 3, is amended to read:
37.23 		Subd. 3.Indirect costs and reimbursements. The commissioner of human services
37.24 	executive board is not required to include indirect costs as defined in section 16A.127 in 
37.25 	therapeutic work activity contracts for patients of the regional treatment centers and is not 
37.26 	required to reimburse the general fund for indirect costs related to therapeutic work activity 
37.27 	programs activities.

37.28 	Sec. 51. Minnesota Statutes 2022, section 246.57, subdivision 4, is amended to read:
37.29 		Subd. 4.Shared staff or services. The commissioner of human services executive board
37.30 	may authorize a state-operated services program to provide staff or services to Camp
37.31 	Confidence Learning Center in return for services to, or use of the camp's facilities by, 
37.32 	residents of the facility program who have developmental disabilities.

38.1 	Sec. 52. [246.581] STATE-OPERATED, COMMUNITY-BASED PROGRAMS.
38.2 		Subdivision 1.Employees of state-operated, community-based programs. Employees 
38.3 	of state-operated, community-based programs, except clients who work within and benefit 
38.4 	from these treatment and habilitation programs, must be state employees under chapters 
38.5 	43A and 179A.
38.6 		Subd. 2.Employment of clients by state-operated, community-based programs. Any 
38.7 	clients who work within and benefit from these treatment and habilitation programs are not 
38.8 	state employees under chapters 43A and 179A. The executive board may consider clients 
38.9 	who work within and benefit from these programs employees for federal tax purposes.
38.10 		Subd. 3.Admissions to state-operated, community-based programs. State-operated, 
38.11 	community-based programs may accept admissions from regional treatment centers, from 
38.12 	the person's own home, or from community programs.

38.13 	Sec. 53. [246.599] SERVICES TO COURTS AND STATE WELFARE AGENCIES.
38.14 		Subdivision 1.Consultation services. The executive board may provide on a 
38.15 	fee-for-service basis consultive services to courts and state welfare agencies.
38.16 		Subd. 2.Aftercare. The executive board may provide to court and state welfare agencies 
38.17 	on a fee-for-service basis supervision and aftercare of patients provisionally or otherwise 
38.18 	discharged from a state-operated services facility.
38.19 		Subd. 3.Education programs. The executive board may promote and conduct 
38.20 	educational programs relating to mental health to court and state welfare agencies.
38.21 		Subd. 4.Federal and other funds. The executive board shall administer, expend, and 
38.22 	distribute federal funds and other funds not appropriated by the legislature that are made 
38.23 	available to the state for the mental health purposes in this section.

38.24 	Sec. 54. Minnesota Statutes 2022, section 246.64, subdivision 1, is amended to read:
38.25 		Subdivision 1.Substance use disorder rates. Notwithstanding sections 246.50, 
38.26 	subdivision 5, and 246.511, the commissioner executive board shall establish separate rates 
38.27 	for each substance use disorder service operated by the commissioner executive board and 
38.28 	may establish separate rates for each service component within the program by establishing 
38.29 	fees for services or different per diem rates for each separate substance use disorder unit 
38.30 	within the program based on actual costs attributable to the service or unit. The rate must 
38.31 	allocate the cost of all anticipated maintenance, treatment, and expenses including 
38.32 	depreciation of buildings and equipment, interest paid on bonds issued for capital 
39.1 	improvements for substance use disorder programs, reimbursement and other indirect costs 
39.2 	related to the operation of substance use disorder programs other than that paid from the 
39.3 	Minnesota state building fund or the bond proceeds fund, and losses due to bad debt. The 
39.4 	rate must not include allocations of chaplaincy, patient advocacy, or quality assurance costs 
39.5 	that are not required for substance use disorder licensure by the commissioner of human 
39.6 	services or certification for chemical dependency by the Joint Commission on Accreditation 
39.7 	of Hospitals. Notwithstanding any other law, the commissioner executive board shall treat 
39.8 	these costs as nonhospital department expenses.

39.9 	Sec. 55. Minnesota Statutes 2022, section 246.64, subdivision 2, is amended to read:
39.10 		Subd. 2.Depreciation collections. Beginning July 1, 1987, Depreciation collected under 
39.11 	subdivision 1 must be credited to the general fund and. Principal and interest on the bonded 
39.12 	debt collected under subdivision 1 must be deposited in the state bond fund.

39.13 	Sec. 56. Minnesota Statutes 2022, section 246.64, subdivision 3, is amended to read:
39.14 		Subd. 3.Responsibilities of commissioner executive board. The commissioner
39.15 	executive board shall credit all receipts from billings for rates set in subdivision 1, except 
39.16 	those credited according to subdivision 2, to the behavioral health fund. This money must 
39.17 	not be used for an activity in a regional treatment center activity that is not a substance use 
39.18 	disorder service or an allocation of expenditures that are included in the base for computation 
39.19 	of the rates under subdivision 1. The commissioner executive board may expand substance 
39.20 	use disorder services so long as expenditures are recovered by patient fees, transfer of funds, 
39.21 	or supplementary appropriations. The commissioner executive board may expand or reduce 
39.22 	substance use disorder staff complement as long as expenditures are recovered by patient 
39.23 	fees, transfer of funds, or supplementary appropriations. Notwithstanding chapters 176 and 
39.24 	268, the commissioner shall provide for the self-insurance of regional treatment center 
39.25 	substance use disorder programs for the costs of unemployment benefits and workers' 
39.26 	compensation claims.

39.27 	Sec. 57. Minnesota Statutes 2022, section 246.71, subdivision 2, is amended to read:
39.28 		Subd. 2.Blood-borne pathogens. "Blood-borne pathogens" means pathogenic 
39.29 	microorganisms that are present in human blood and can cause disease in humans. These 
39.30 	pathogens include, but are not limited to, hepatitis B virus (HBV), hepatitis C virus (HCV), 
39.31 	and human immunodeficiency virus (HIV).

40.1 	Sec. 58. Minnesota Statutes 2022, section 246.716, subdivision 2, is amended to read:
40.2 		Subd. 2.Procedures without consent. (a) A secure treatment facility or an employee 
40.3 	of a secure treatment facility may bring a petition for a court order to require a patient to 
40.4 	provide a blood sample for testing for blood-borne pathogens. The petition shall be filed in 
40.5 	the district court in the county where the patient is receiving treatment from the secure 
40.6 	treatment facility. The secure treatment facility shall serve the petition on the patient three 
40.7 	days before a hearing on the petition. The petition shall include one or more affidavits 
40.8 	attesting that:
40.9 	(1) the secure treatment facility followed the procedures in sections 246.71 to 246.722 
40.10 	and attempted to obtain blood-borne pathogen test results according to those sections;
40.11 	(2) a licensed physician, advanced practice registered nurse, or physician assistant 
40.12 	knowledgeable about the most current recommendations of the United States Public Health 
40.13 	Service has determined that a significant exposure has occurred to the employee of a secure 
40.14 	treatment facility under section 246.721; and
40.15 	(3) a physician, advanced practice registered nurse, or physician assistant has documented 
40.16 	that the employee has provided a blood sample and consented to testing for blood-borne 
40.17 	pathogens and blood-borne pathogen test results are needed for beginning, continuing, 
40.18 	modifying, or discontinuing medical treatment for the employee under section 246.721.
40.19 	(b) Secure treatment facilities shall cooperate with petitioners in providing any necessary 
40.20 	affidavits to the extent that facility staff can attest under oath to the facts in the affidavits.
40.21 	(c) The court may order the patient to provide a blood sample for blood-borne pathogen 
40.22 	testing if:
40.23 	(1) there is probable cause to believe the employee of a secure treatment facility has 
40.24 	experienced a significant exposure to the patient;
40.25 	(2) the court imposes appropriate safeguards against unauthorized disclosure that must 
40.26 	specify the persons who have access to the test results and the purposes for which the test 
40.27 	results may be used;
40.28 	(3) a licensed physician, advanced practice registered nurse, or physician assistant for 
40.29 	the employee of a secure treatment facility needs the test results for beginning, continuing, 
40.30 	modifying, or discontinuing medical treatment for the employee; and
40.31 	(4) the court finds a compelling need for the test results. In assessing compelling need, 
40.32 	the court shall weigh the need for the court-ordered blood collection and test results against 
40.33 	the interests of the patient, including, but not limited to, privacy, health, safety, or economic 
41.1 	interests. The court shall also consider whether involuntary blood collection and testing 
41.2 	would serve the public interests.
41.3 	(d) The court shall conduct the proceeding in camera unless the petitioner or the patient 
41.4 	requests a hearing in open court and the court determines that a public hearing is necessary 
41.5 	to the public interest and the proper administration of justice.
41.6 	(e) The patient may arrange for counsel in any proceeding brought under this subdivision.

41.7 	Sec. 59. Minnesota Statutes 2022, section 246.72, is amended to read:
41.8 	246.72 PENALTY FOR UNAUTHORIZED RELEASE OF INFORMATION.
41.9 	Unauthorized release of the patient's name or other uniquely identifying information 
41.10 	under sections 246.71 to 246.722 is subject to the remedies and penalties under sections 
41.11 	13.08 and 13.09. This section does not preclude private causes of action against an individual, 
41.12 	state agency, statewide system, political subdivision, or person responsible for releasing 
41.13 	private data, or confidential or private information on the inmate patient.

41.14 	Sec. 60. Minnesota Statutes 2022, section 246.721, is amended to read:
41.15 	246.721 PROTOCOL FOR EXPOSURE TO BLOOD-BORNE PATHOGENS.
41.16 	(a) A secure treatment facility shall follow applicable Occupational Safety and Health 
41.17 	Administration guidelines under Code of Federal Regulations, title 29, part 1910.1030, for 
41.18 	blood-borne pathogens.
41.19 	(b) Every secure treatment facility shall adopt and follow a postexposure protocol for 
41.20 	employees at a secure treatment facility who have experienced a significant exposure. The 
41.21 	postexposure protocol must adhere to the most current recommendations of the United 
41.22 	States Public Health Service and include, at a minimum, the following:
41.23 	(1) a process for employees to report an exposure in a timely fashion;
41.24 	(2) a process for an infectious disease specialist, or a licensed physician, advanced 
41.25 	practice registered nurse, or physician assistant who is knowledgeable about the most current 
41.26 	recommendations of the United States Public Health Service in consultation with an infectious 
41.27 	disease specialist, (i) to determine whether a significant exposure to one or more blood-borne 
41.28 	pathogens has occurred, and (ii) to provide, under the direction of a licensed physician, 
41.29 	advanced practice registered nurse, or physician assistant, a recommendation or 
41.30 	recommendations for follow-up treatment appropriate to the particular blood-borne pathogen 
41.31 	or pathogens for which a significant exposure has been determined;
42.1 	(3) if there has been a significant exposure, a process to determine whether the patient 
42.2 	has a blood-borne pathogen through disclosure of test results, or through blood collection 
42.3 	and testing as required by sections 246.71 to 246.722;
42.4 	(4) a process for providing appropriate counseling prior to and following testing for a 
42.5 	blood-borne pathogen regarding the likelihood of blood-borne pathogen transmission and 
42.6 	follow-up recommendations according to the most current recommendations of the United 
42.7 	States Public Health Service, recommendations for testing, and treatment;
42.8 	(5) a process for providing appropriate counseling under clause (4) to the employee of 
42.9 	a secure treatment facility and to the patient; and
42.10 	(6) compliance with applicable state and federal laws relating to data practices, 
42.11 	confidentiality, informed consent, and the patient bill of rights.

42.12 	Sec. 61. Minnesota Statutes 2022, section 251.012, subdivision 3, is amended to read:
42.13 		Subd. 3.Auxiliary services Shared services agreements. The nursing homes may enter 
42.14 	into shared services agreements according to section 246.57 to provide other services needed 
42.15 	in the region that build on the services provided by the regional nursing homes and that are 
42.16 	offered in conjunction with a community or community group.

42.17 	Sec. 62. Minnesota Statutes 2022, section 252.50, subdivision 10, is amended to read:
42.18 		Subd. 10.Rules and licensure. Each state-operated residential and day habilitation 
42.19 	service site shall be separately licensed and movement of residents between them shall be 
42.20 	governed by applicable rules adopted by the commissioner of human services.

42.21 	ARTICLE 3
42.22 	COUNTY OF FINANCIAL RESPONSIBILITY AND ADMINISTRATIVE JUDGES

42.23 	Section 1. Minnesota Statutes 2022, section 256.045, subdivision 1, is amended to read:
42.24 		Subdivision 1.Human services judges; appointment. The commissioner of human 
42.25 	services, in consultation with the direct care and treatment executive board, may appoint 
42.26 	one or more state human services judges to conduct hearings and recommend orders in 
42.27 	accordance with subdivisions 3, 3a, 3b, 4a, and 5, and 5a. Human services judges designated 
42.28 	pursuant to this section may administer oaths and shall be under the control and supervision 
42.29 	of the commissioner of human services and shall not be a part of the Office of Administrative 
42.30 	Hearings established pursuant to sections 14.48 to 14.56. The commissioner shall only 
43.1 	appoint as a full-time human services judge an individual who is licensed to practice law 
43.2 	in Minnesota and who is:
43.3 	(1) in active status;
43.4 	(2) an inactive resident;
43.5 	(3) retired;
43.6 	(4) on disabled status; or
43.7 	(5) on retired senior status.

43.8 	Sec. 2. Minnesota Statutes 2022, section 256.045, is amended by adding a subdivision to 
43.9 	read:
43.10 		Subd. 1a.Direct care and treatment executive board or executive board. For purposes 
43.11 	of this section, "direct care and treatment executive board" or "executive board" means the 
43.12 	Department of Direct Care and Treatment executive board established under section 246C.06.

43.13 	Sec. 3. Minnesota Statutes 2023 Supplement, section 256.045, subdivision 3, is amended 
43.14 	to read:
43.15 		Subd. 3.State agency hearings. (a) State agency hearings are available for the following:
43.16 	(1) any person applying for, receiving or having received public assistance, medical 
43.17 	care, or a program of social services granted by the state agency or a county agency or the 
43.18 	federal Food and Nutrition Act whose application for assistance is denied, not acted upon 
43.19 	with reasonable promptness, or whose assistance is suspended, reduced, terminated, or 
43.20 	claimed to have been incorrectly paid;
43.21 	(2) any patient or relative aggrieved by an order of the commissioner under section 
43.22 	252.27;
43.23 	(3) a party aggrieved by a ruling of a prepaid health plan;
43.24 	(4) except as provided under chapter 245C, any individual or facility determined by a 
43.25 	lead investigative agency to have maltreated a vulnerable adult under section 626.557 after 
43.26 	they have exercised their right to administrative reconsideration under section 626.557;
43.27 	(5) any person whose claim for foster care payment according to a placement of the 
43.28 	child resulting from a child protection assessment under chapter 260E is denied or not acted 
43.29 	upon with reasonable promptness, regardless of funding source;
44.1 	(6) any person to whom a right of appeal according to this section is given by other 
44.2 	provision of law;
44.3 	(7) an applicant aggrieved by an adverse decision to an application for a hardship waiver 
44.4 	under section 256B.15;
44.5 	(8) an applicant aggrieved by an adverse decision to an application or redetermination 
44.6 	for a Medicare Part D prescription drug subsidy under section 256B.04, subdivision 4a;
44.7 	(9) except as provided under chapter 245A, an individual or facility determined to have 
44.8 	maltreated a minor under chapter 260E, after the individual or facility has exercised the 
44.9 	right to administrative reconsideration under chapter 260E;
44.10 	(10) except as provided under chapter 245C, an individual disqualified under sections 
44.11 	245C.14 and 245C.15, following a reconsideration decision issued under section 245C.23, 
44.12 	on the basis of serious or recurring maltreatment; a preponderance of the evidence that the 
44.13 	individual has committed an act or acts that meet the definition of any of the crimes listed 
44.14 	in section 245C.15, subdivisions 1 to 4; or for failing to make reports required under section 
44.15 	260E.06, subdivision 1, or 626.557, subdivision 3. Hearings regarding a maltreatment 
44.16 	determination under clause (4) or (9) and a disqualification under this clause in which the 
44.17 	basis for a disqualification is serious or recurring maltreatment, shall be consolidated into 
44.18 	a single fair hearing. In such cases, the scope of review by the human services judge shall 
44.19 	include both the maltreatment determination and the disqualification. The failure to exercise 
44.20 	the right to an administrative reconsideration shall not be a bar to a hearing under this section 
44.21 	if federal law provides an individual the right to a hearing to dispute a finding of 
44.22 	maltreatment;
44.23 	(11) any person with an outstanding debt resulting from receipt of public assistance, 
44.24 	medical care, or the federal Food and Nutrition Act who is contesting a setoff claim by the 
44.25 	Department of Human Services or a county agency. The scope of the appeal is the validity 
44.26 	of the claimant agency's intention to request a setoff of a refund under chapter 270A against 
44.27 	the debt;
44.28 	(12) a person issued a notice of service termination under section 245D.10, subdivision 
44.29 	3a, by a licensed provider of any residential supports or services listed in section 245D.03, 
44.30 	subdivision 1, paragraphs (b) and (c), that is not otherwise subject to appeal under subdivision 
44.31 	4a;
44.32 	(13) an individual disability waiver recipient based on a denial of a request for a rate 
44.33 	exception under section 256B.4914;
45.1 	(14) a person issued a notice of service termination under section 245A.11, subdivision 
45.2 	11, that is not otherwise subject to appeal under subdivision 4a; or
45.3 	(15) a recovery community organization seeking medical assistance vendor eligibility 
45.4 	under section 254B.01, subdivision 8, that is aggrieved by a membership or accreditation 
45.5 	determination and that believes the organization meets the requirements under section 
45.6 	254B.05, subdivision 1, paragraph (d), clauses (1) to (10). The scope of the review by the 
45.7 	human services judge shall be limited to whether the organization meets each of the 
45.8 	requirements under section 254B.05, subdivision 1, paragraph (d), clauses (1) to (10).
45.9 	(b) The hearing for an individual or facility under paragraph (a), clause (4), (9), or (10), 
45.10 	is the only administrative appeal to the final agency determination specifically, including 
45.11 	a challenge to the accuracy and completeness of data under section 13.04. Hearings requested 
45.12 	under paragraph (a), clause (4), apply only to incidents of maltreatment that occur on or 
45.13 	after October 1, 1995. Hearings requested by nursing assistants in nursing homes alleged 
45.14 	to have maltreated a resident prior to October 1, 1995, shall be held as a contested case 
45.15 	proceeding under the provisions of chapter 14. Hearings requested under paragraph (a), 
45.16 	clause (9), apply only to incidents of maltreatment that occur on or after July 1, 1997. A 
45.17 	hearing for an individual or facility under paragraph (a), clauses (4), (9), and (10), is only 
45.18 	available when there is no district court action pending. If such action is filed in district 
45.19 	court while an administrative review is pending that arises out of some or all of the events 
45.20 	or circumstances on which the appeal is based, the administrative review must be suspended 
45.21 	until the judicial actions are completed. If the district court proceedings are completed, 
45.22 	dismissed, or overturned, the matter may be considered in an administrative hearing.
45.23 	(c) For purposes of this section, bargaining unit grievance procedures are not an 
45.24 	administrative appeal.
45.25 	(d) The scope of hearings involving claims to foster care payments under paragraph (a), 
45.26 	clause (5), shall be limited to the issue of whether the county is legally responsible for a 
45.27 	child's placement under court order or voluntary placement agreement and, if so, the correct 
45.28 	amount of foster care payment to be made on the child's behalf and shall not include review 
45.29 	of the propriety of the county's child protection determination or child placement decision.
45.30 	(e) The scope of hearings under paragraph (a), clauses (12) and (14), shall be limited to 
45.31 	whether the proposed termination of services is authorized under section 245D.10, 
45.32 	subdivision 3a, paragraph (b), or 245A.11, subdivision 11, and whether the requirements 
45.33 	of section 245D.10, subdivision 3a, paragraphs (c) to (e), or 245A.11, subdivision 2a, 
45.34 	paragraphs (d) to (f), were met. If the appeal includes a request for a temporary stay of 
46.1 	termination of services, the scope of the hearing shall also include whether the case 
46.2 	management provider has finalized arrangements for a residential facility, a program, or 
46.3 	services that will meet the assessed needs of the recipient by the effective date of the service 
46.4 	termination.
46.5 	(f) A vendor of medical care as defined in section 256B.02, subdivision 7, or a vendor 
46.6 	under contract with a county agency to provide social services is not a party and may not 
46.7 	request a hearing under this section, except if assisting a recipient as provided in subdivision 
46.8 	4.
46.9 	(g) An applicant or recipient is not entitled to receive social services beyond the services 
46.10 	prescribed under chapter 256M or other social services the person is eligible for under state 
46.11 	law.
46.12 	(h) The commissioner may summarily affirm the county or state agency's proposed 
46.13 	action without a hearing when the sole issue is an automatic change due to a change in state 
46.14 	or federal law, except in matters covered by paragraph (i).
46.15 	(i) When the subject of an administrative review is a matter within the jurisdiction of 
46.16 	the direct care and treatment executive board as a part of the board's powers and duties 
46.17 	under chapter 246C, the executive board may summarily affirm the county or state agency's 
46.18 	proposed action without a hearing when the sole issue is an automatic change due to a 
46.19 	change in state or federal law.
46.20 	(i) (j) Unless federal or Minnesota law specifies a different time frame in which to file 
46.21 	an appeal, an individual or organization specified in this section may contest the specified 
46.22 	action, decision, or final disposition before the state agency by submitting a written request 
46.23 	for a hearing to the state agency within 30 days after receiving written notice of the action, 
46.24 	decision, or final disposition, or within 90 days of such written notice if the applicant, 
46.25 	recipient, patient, or relative shows good cause, as defined in section 256.0451, subdivision 
46.26 	13, why the request was not submitted within the 30-day time limit. The individual filing 
46.27 	the appeal has the burden of proving good cause by a preponderance of the evidence.

46.28 	Sec. 4. Minnesota Statutes 2022, section 256.045, subdivision 5, is amended to read:
46.29 		Subd. 5.Orders of the commissioner of human services. (a) Except as provided for 
46.30 	under subdivision 5a for matters under the jurisdiction of the direct care and treatment 
46.31 	executive board, a state human services judge shall conduct a hearing on the appeal and 
46.32 	shall recommend an order to the commissioner of human services. The recommended order 
46.33 	must be based on all relevant evidence and must not be limited to a review of the propriety 
47.1 	of the state or county agency's action. A human services judge may take official notice of 
47.2 	adjudicative facts. The commissioner of human services may accept the recommended order 
47.3 	of a state human services judge and issue the order to the county agency and the applicant, 
47.4 	recipient, former recipient, or prepaid health plan. The commissioner on refusing to accept 
47.5 	the recommended order of the state human services judge, shall notify the petitioner, the 
47.6 	agency, or prepaid health plan of that fact and shall state reasons therefor and shall allow 
47.7 	each party ten days' time to submit additional written argument on the matter. After the 
47.8 	expiration of the ten-day period, the commissioner shall issue an order on the matter to the 
47.9 	petitioner, the agency, or prepaid health plan.
47.10 	(b) A party aggrieved by an order of the commissioner may appeal under subdivision 
47.11 	7, or request reconsideration by the commissioner within 30 days after the date the 
47.12 	commissioner issues the order. The commissioner may reconsider an order upon request of 
47.13 	any party or on the commissioner's own motion. A request for reconsideration does not stay 
47.14 	implementation of the commissioner's order. The person seeking reconsideration has the 
47.15 	burden to demonstrate why the matter should be reconsidered. The request for reconsideration 
47.16 	may include legal argument and proposed additional evidence supporting the request. If 
47.17 	proposed additional evidence is submitted, the person must explain why the proposed 
47.18 	additional evidence was not provided at the time of the hearing. If reconsideration is granted, 
47.19 	the other participants must be sent a copy of all material submitted in support of the request 
47.20 	for reconsideration and must be given ten days to respond. Upon reconsideration, the 
47.21 	commissioner may issue an amended order or an order affirming the original order.
47.22 	(c) Any order of the commissioner issued under this subdivision shall be conclusive 
47.23 	upon the parties unless appeal is taken in the manner provided by subdivision 7. Any order 
47.24 	of the commissioner is binding on the parties and must be implemented by the state agency, 
47.25 	a county agency, or a prepaid health plan according to subdivision 3a, until the order is 
47.26 	reversed by the district court, or unless the commissioner or a district court orders monthly 
47.27 	assistance or aid or services paid or provided under subdivision 10.
47.28 	(d) A vendor of medical care as defined in section 256B.02, subdivision 7, or a vendor 
47.29 	under contract with a county agency to provide social services is not a party and may not 
47.30 	request a hearing or seek judicial review of an order issued under this section, unless assisting 
47.31 	a recipient as provided in subdivision 4. A prepaid health plan is a party to an appeal under 
47.32 	subdivision 3a, but cannot seek judicial review of an order issued under this section.

48.1 	Sec. 5. Minnesota Statutes 2022, section 256.045, is amended by adding a subdivision to 
48.2 	read:
48.3 		Subd. 5a.Orders of the direct care and treatment executive board. (a) When the 
48.4 	subject of an administrative review is a matter within the jurisdiction of the direct care and 
48.5 	treatment executive board as a part of the board's powers and duties under chapter 246C, a 
48.6 	state human services judge shall conduct a hearing on the appeal and shall recommend an 
48.7 	order to the executive board. The recommended order must be based on all relevant evidence 
48.8 	and must not be limited to a review of the propriety of the state or county agency's action. 
48.9 	A human services judge may take official notice of adjudicative facts. The direct care and 
48.10 	treatment executive board may accept the recommended order of a state human services 
48.11 	judge and issue the order to the parties. The executive board, on refusing to accept the 
48.12 	recommended order of the state human services judge, shall notify the parties of the refusal 
48.13 	and the reasoning and shall allow each party ten days to submit additional written argument 
48.14 	on the matter. After the expiration of the ten-day period, the executive board shall issue an 
48.15 	order on the matter to the parties.
48.16 	(b) A party aggrieved by an order of the executive board may appeal under subdivision 
48.17 	7, or request reconsideration by the executive board within 30 days after the date the 
48.18 	executive board issues the order. The executive board may reconsider an order upon request 
48.19 	of any party or on the executive board's own motion. A request for reconsideration does 
48.20 	not stay implementation of the executive board's order. The person seeking reconsideration 
48.21 	has the burden to demonstrate why the matter should be reconsidered. The request for 
48.22 	reconsideration may include legal argument and proposed additional evidence supporting 
48.23 	the request. If proposed additional evidence is submitted, the person must explain why the 
48.24 	proposed additional evidence was not provided at the time of the hearing. If reconsideration 
48.25 	is granted, the other participants must be sent a copy of all material submitted in support of 
48.26 	the request for reconsideration and must be given ten days to respond. Upon reconsideration, 
48.27 	the executive board may issue an amended order or an order affirming the original order.
48.28 	(c) Any order of the executive board issued under this subdivision shall be conclusive 
48.29 	upon the parties unless appeal is taken in the manner provided by subdivision 7. Any order 
48.30 	of the executive board is binding on the parties and must be implemented by the state agency 
48.31 	or a county agency, until the order is reversed by the district court, or unless the executive 
48.32 	board or a district court orders monthly services paid or provided under subdivision 10.
48.33 	(d) A vendor of medical care as defined in section 256B.02, subdivision 7, or a vendor 
48.34 	under contract with a county agency to provide social services is not a party and may not 
48.35 	request a hearing or seek judicial review of an order issued under this section, unless assisting 
49.1 	a recipient as provided in subdivision 4. The Department of Direct Care and Treatment is 
49.2 	not a vendor for the purposes of this paragraph.

49.3 	Sec. 6. Minnesota Statutes 2022, section 256.045, subdivision 6, is amended to read:
49.4 		Subd. 6.Additional powers of commissioner; subpoenas. (a) The commissioner of 
49.5 	human services, or the commissioner of health for matters within the commissioner's 
49.6 	jurisdiction under subdivision 3b, or the direct care and treatment executive board for matters 
49.7 	within the jurisdiction of the executive board under subdivision 5a, may initiate a review 
49.8 	of any action or decision of a county agency and direct that the matter be presented to a 
49.9 	state human services judge for a hearing held under subdivision 3, 3a, 3b, or 4a. In all matters 
49.10 	dealing with human services committed by law to the discretion of the county agency, the 
49.11 	commissioner's judgment of the applicable commissioner or executive board may be 
49.12 	substituted for that of the county agency. The applicable commissioner or executive board 
49.13 	may order an independent examination when appropriate.
49.14 	(b) Any party to a hearing held pursuant to subdivision 3, 3a, 3b, or 4a may request that 
49.15 	the applicable commissioner or executive board issue a subpoena to compel the attendance 
49.16 	of witnesses and the production of records at the hearing. A local agency may request that 
49.17 	the applicable commissioner or executive board issue a subpoena to compel the release of 
49.18 	information from third parties prior to a request for a hearing under section 256.046 upon 
49.19 	a showing of relevance to such a proceeding. The issuance, service, and enforcement of 
49.20 	subpoenas under this subdivision is governed by section 357.22 and the Minnesota Rules 
49.21 	of Civil Procedure.
49.22 	(c) The commissioner of human services may issue a temporary order staying a proposed 
49.23 	demission by a residential facility licensed under chapter 245A:
49.24 	(1) while an appeal by a recipient under subdivision 3 is pending;
49.25 	(2) for the period of time necessary for the case management provider to implement the 
49.26 	commissioner's order; or
49.27 	(3) for appeals under subdivision 3, paragraph (a), clause (12), when the individual is 
49.28 	seeking a temporary stay of demission on the basis that the county has not yet finalized an 
49.29 	alternative arrangement for a residential facility, a program, or services that will meet the 
49.30 	assessed needs of the individual by the effective date of the service termination, a temporary 
49.31 	stay of demission may be issued for no more than 30 calendar days to allow for such 
49.32 	arrangements to be finalized.

50.1 	Sec. 7. Minnesota Statutes 2022, section 256.045, subdivision 7, is amended to read:
50.2 		Subd. 7.Judicial review. Except for a prepaid health plan, any party who is aggrieved 
50.3 	by an order of the commissioner of human services, or the commissioner of health in appeals 
50.4 	within the commissioner's jurisdiction under subdivision 3b, or the direct care and treatment 
50.5 	executive board in appeals within the jurisdiction of the executive board under subdivision 
50.6 	5a may appeal the order to the district court of the county responsible for furnishing 
50.7 	assistance, or, in appeals under subdivision 3b, the county where the maltreatment occurred, 
50.8 	by serving a written copy of a notice of appeal upon the applicable commissioner or executive 
50.9 	board and any adverse party of record within 30 days after the date the commissioner or 
50.10 	executive board issued the order, the amended order, or order affirming the original order, 
50.11 	and by filing the original notice and proof of service with the court administrator of the 
50.12 	district court. Service may be made personally or by mail; service by mail is complete upon 
50.13 	mailing; no filing fee shall be required by the court administrator in appeals taken pursuant 
50.14 	to this subdivision, with the exception of appeals taken under subdivision 3b. The applicable 
50.15 	commissioner or executive board may elect to become a party to the proceedings in the 
50.16 	district court. Except for appeals under subdivision 3b, any party may demand that the 
50.17 	commissioner or executive board furnish all parties to the proceedings with a copy of the 
50.18 	decision, and a transcript of any testimony, evidence, or other supporting papers from the 
50.19 	hearing held before the human services judge, by serving a written demand upon the 
50.20 	applicable commissioner or executive board within 30 days after service of the notice of 
50.21 	appeal. Any party aggrieved by the failure of an adverse party to obey an order issued by 
50.22 	the commissioner or executive board under subdivision subdivisions 5 or 5a may compel 
50.23 	performance according to the order in the manner prescribed in sections 586.01 to 586.12.

50.24 	Sec. 8. Minnesota Statutes 2022, section 256G.01, subdivision 1, is amended to read:
50.25 		Subdivision 1.Applicability. This chapter governs the Minnesota human services system. 
50.26 	The system includes the Department of Human Services, the Department of Direct Care 
50.27 	and Treatment, local social services agencies, county welfare agencies, human service 
50.28 	boards, community mental health center boards, state hospitals, state nursing homes, and 
50.29 	persons, agencies, institutions, organizations, and other entities under contract to any of 
50.30 	those agencies to the extent specified in the contract.

50.31 	Sec. 9. Minnesota Statutes 2022, section 256G.01, subdivision 3, is amended to read:
50.32 		Subd. 3.Program coverage. This chapter applies to all social service programs 
50.33 	administered by the commissioner of human services or the direct care and treatment 
51.1 	executive board in which residence is the determining factor in establishing financial 
51.2 	responsibility. These include, but are not limited to: commitment proceedings, including 
51.3 	voluntary admissions; emergency holds; poor relief funded wholly through local agencies; 
51.4 	social services, including title XX, IV-E and section 256E.12; social services programs 
51.5 	funded wholly through the resources of county agencies; social services provided under the 
51.6 	Minnesota Indian Family Preservation Act, sections 260.751 to 260.781; costs for 
51.7 	delinquency confinement under section 393.07, subdivision 2; service responsibility for 
51.8 	these programs; and housing support under chapter 256I.

51.9 	Sec. 10. Minnesota Statutes 2022, section 256G.02, is amended by adding a subdivision 
51.10 	to read:
51.11 		Subd. 5a.Direct care and treatment executive board or executive board. "Direct 
51.12 	care and treatment executive board" or "executive board" means the Department of Direct 
51.13 	Care and Treatment executive board established under section 246C.06.

51.14 	Sec. 11. Minnesota Statutes 2022, section 256G.03, subdivision 2, is amended to read:
51.15 		Subd. 2.No durational test. Except as otherwise provided in sections 256J.75; 256B.056, 
51.16 	subdivision 1; 256D.02, subdivision 12a, and 256J.12 for purposes of this chapter, no waiting 
51.17 	period is required before securing county or state residence. A person cannot, however, gain 
51.18 	residence while physically present in an excluded time facility unless otherwise specified 
51.19 	in this chapter or in a federal regulation controlling a federally funded human service or 
51.20 	direct care and treatment program. Interstate migrants who enter a shelter for battered women 
51.21 	directly from another state can gain residency while in the facility provided the person can 
51.22 	provide documentation that the person is a victim of domestic abuse and the county 
51.23 	determines that the placement is appropriate.

51.24 	Sec. 12. Minnesota Statutes 2022, section 256G.04, subdivision 2, is amended to read:
51.25 		Subd. 2.Moving out of state. (a) A person retains county and state residence so long 
51.26 	as the person's absence from Minnesota is viewed as a temporary absence within the context 
51.27 	of the affected program.
51.28 	(b) Direct entry into a facility in another state does not end Minnesota residence for 
51.29 	purposes of this chapter. Financial responsibility does not continue, however, unless 
51.30 	placement was initiated by a human service or direct care and treatment agency or another 
51.31 	governmental entity that has statutory authority to bind the human service or direct care 
52.1 	and treatment agency and is based on a formal, written plan of treatment, or unless federal 
52.2 	regulations require payment for an out-of-state resident.

52.3 	Sec. 13. Minnesota Statutes 2022, section 256G.09, subdivision 2, is amended to read:
52.4 		Subd. 2.Financial disputes. (a) If the county receiving the transmittal does not believe 
52.5 	it is financially responsible, it should provide to the department commissioner of human 
52.6 	services and the initially responsible county a statement of all facts and documents necessary 
52.7 	for the department commissioner to make the requested determination of financial 
52.8 	responsibility. The submission must clearly state the program area in dispute and must state 
52.9 	the specific basis upon which the submitting county is denying financial responsibility.
52.10 	(b) The initially responsible county then has 15 calendar days to submit its position and 
52.11 	any supporting evidence to the department commissioner. The absence of a submission by 
52.12 	the initially responsible county does not limit the right of the department commissioner of 
52.13 	human services or direct care and treatment executive board to issue a binding opinion based 
52.14 	on the evidence actually submitted.
52.15 	(c) A case must not be submitted until the local agency taking the application or making 
52.16 	the commitment has made an initial determination about eligibility and financial 
52.17 	responsibility, and services have been initiated. This paragraph does not prohibit the 
52.18 	submission of closed cases that otherwise meet the applicable statute of limitations.

52.19 	Sec. 14. Minnesota Statutes 2022, section 256G.09, subdivision 3, is amended to read:
52.20 		Subd. 3.Department Commissioner obligations. (a) Except as provided in paragraph 
52.21 	(b) for matters under the jurisdiction of the direct care and treatment executive board, the 
52.22 	department commissioner shall then promptly decide any question of financial responsibility 
52.23 	as outlined in this chapter and make an order referring the application to the local agency 
52.24 	of the proper county for further action. Further action may include reimbursement by that 
52.25 	county of assistance that another county has provided to the applicant under this subdivision. 
52.26 	The department commissioner shall decide disputes within 60 days of the last county 
52.27 	evidentiary submission and shall issue an immediate opinion.
52.28 	(b) For disputes regarding financial responsibility relating to matters under the jurisdiction 
52.29 	of the direct care and treatment executive board, the commissioner shall promptly issue an 
52.30 	advisory opinion on any question of financial responsibility as outlined in this chapter and 
52.31 	recommend to the executive board an order referring the application to the local agency of 
52.32 	the proper county for further action. Further action may include reimbursement by that 
52.33 	county of assistance that another county has provided to the applicant under this subdivision. 
53.1 	The commissioner shall provide an advisory opinion and recommended order to the executive 
53.2 	board within 30 days of the last county evidentiary submission. The executive board shall 
53.3 	decide to accept or reject the commissioner's advisory opinion and recommended order 
53.4 	within 60 days of the last county evidentiary submission and shall issue an immediate 
53.5 	opinion stating the reasons for accepting or rejecting the commissioner's recommendation.
53.6 	(c) The department commissioner may make any investigation it considers proper before 
53.7 	making its a decision or a recommendation to the executive board. It The commissioner
53.8 	may prescribe rules it considers necessary to carry out this subdivision except that the 
53.9 	commissioner must not create rules purporting to bind the executive board's decision on 
53.10 	any advisory opinion or recommended order under paragraph (b).
53.11 	(d) Except as provided in paragraph (e) for matters under the jurisdiction of the executive 
53.12 	board, the order of the department commissioner binds the local agency involved and the 
53.13 	applicant or recipient. That agency shall comply with the order unless reversed on appeal 
53.14 	as provided in section 256.045, subdivision 7. The agency shall comply with the order 
53.15 	pending the appeal.
53.16 	(e) For disputes regarding financial responsibility relating to matters under the jurisdiction 
53.17 	of the direct care and treatment executive board, the order of the executive board binds the 
53.18 	local agency involved and the applicant or recipient. That agency shall comply with the 
53.19 	order of the executive board unless the order is reversed on appeal as provided in section 
53.20 	256.045, subdivision 7. The agency shall comply with the order of the executive board 
53.21 	pending the appeal.

53.22 	Sec. 15. Minnesota Statutes 2022, section 256G.10, is amended to read:
53.23 	256G.10 DERIVATIVE SETTLEMENT.
53.24 	(a) The residence of the parent of a minor child, with whom that child last lived in a 
53.25 	nonexcluded time setting, or guardian of a ward shall determine the residence of the child 
53.26 	or ward for all social services governed by this chapter.
53.27 	(b) For purposes of this chapter, a minor child is defined as being under 18 years of age 
53.28 	unless otherwise specified in a program administered by the commissioner of human services 
53.29 	or the direct care and treatment executive board.
53.30 	(c) Physical or legal custody has no bearing on residence determinations. This section 
53.31 	does not, however, apply to situations involving another state, limit the application of an 
53.32 	interstate compact, or apply to situations involving state wards where the commissioner is 
53.33 	defined by law as the guardian.

54.1 	Sec. 16. Minnesota Statutes 2022, section 256G.11, is amended to read:
54.2 	256G.11 NO RETROACTIVE EFFECT.
54.3 	(a) This chapter is not retroactive and does not require redetermination of financial 
54.4 	responsibility for cases existing on January 1, 1988. This chapter applies only to applications 
54.5 	and redeterminations of eligibility taken or routinely made after January 1, 1988.
54.6 	(b) Notwithstanding this section, existing social services cases shall be treated in the 
54.7 	same manner as cases for those programs outlined in section 256G.02, subdivision 4, 
54.8 	paragraph (g), for which an application is taken or a redetermination is made after January 
54.9 	1, 1988.
54.10 	(c) The requirement under section 256G.09, subdivision 3, for the direct care and 
54.11 	treatment executive board to accept or reject the recommendation of the commissioner of 
54.12 	humans services regarding the county of financial responsibility for matters under the 
54.13 	jurisdiction of the executive board is not retroactive and does not require redetermination 
54.14 	of financial responsibility for cases existing prior to the effective date of the transfer of all 
54.15 	authorities and responsibilities from the Department of Human Services to the Department 
54.16 	of Direct Care and Treatment.
54.17 	(d) Notwithstanding paragraph (c), existing cases relating to matters under the jurisdiction 
54.18 	of the executive board must be treated in the same manner as cases relating to matters under 
54.19 	the jurisdiction of the executive board opened or redetermined after the effective date of 
54.20 	the transfer of all authorities and responsibilities from the Department of Human Services 
54.21 	to the Department of Direct Care and Treatment.

54.22 	Sec. 17. Minnesota Statutes 2022, section 256G.12, is amended to read:
54.23 	256G.12 STATUTE OF LIMITATIONS.
54.24 		Subdivision 1.Limitation. A submission to the department commissioner of human 
54.25 	services or the direct care and treatment executive board for a determination of financial 
54.26 	responsibility must be made within three years from the date of application for the program 
54.27 	in question or from the date of admission or commitment to state or other institutions.
54.28 		Subd. 2.Reimbursement. The obligation of the county ultimately found to be financially 
54.29 	responsible extends only to the period immediately following the date the submission was 
54.30 	received by the department or the date of admission or commitment to state or other 
54.31 	institutions. In the case of social service programs only, no reimbursement is required until 
54.32 	the financially responsible county has an opportunity to review and act on the plan of 
54.33 	treatment according to the applicable social service rules.
55.1 		Subd. 3.Exception. Subdivision 2 does not apply to timely and routine submissions for 
55.2 	determination of financial responsibility under section 256G.09.

55.3 	ARTICLE 4
55.4 	SERVICES FOR PERSONS WITH DEVELOPMENTAL DISABILITY, MENTAL 
55.5 	ILLNESS, AND SUBSTANCE USE DISORDER

55.6 	Section 1. Minnesota Statutes 2022, section 252.021, is amended to read:
55.7 	252.021 DEFINITION DEFINITIONS.
55.8 		Subdivision 1.Scope. For purposes of this chapter, the terms defined in this section have 
55.9 	the meanings given.
55.10 		Subd. 2.Executive board. "Executive board" has the meaning given in section 246C.015.
55.11 		Subd. 3.Related condition. For the purposes of this chapter, the term "Related condition" 
55.12 	has the meaning given in section 252.27, subdivision 1a.

55.13 	Sec. 2. Minnesota Statutes 2022, section 252.50, subdivision 5, is amended to read:
55.14 		Subd. 5.Location of programs. (a) In determining the location of state-operated, 
55.15 	community-based programs, the needs of the individual client shall be paramount. The 
55.16 	commissioner executive board shall also take into account:
55.17 	(1) prioritization of beds in state-operated, community-based programs for individuals 
55.18 	with complex behavioral needs that cannot be met by private community-based providers;
55.19 	(2) choices made by individuals who chose to move to a more integrated setting, and 
55.20 	shall coordinate with the lead agency to ensure that appropriate person-centered transition 
55.21 	plans are created;
55.22 	(3) the personal preferences of the persons being served and their families as determined 
55.23 	by Minnesota Rules, parts 9525.0004 to 9525.0036;
55.24 	(4) the location of the support services established by the individual service plans of the 
55.25 	persons being served;
55.26 	(5) the appropriate grouping of the persons served;
55.27 	(6) the availability of qualified staff;
55.28 	(7) the need for state-operated, community-based programs in the geographical region 
55.29 	of the state; and
56.1 	(8) a reasonable commuting distance from a regional treatment center or the residences 
56.2 	of the program staff.
56.3 	(b) The executive board must locate state-operated, community-based programs must 
56.4 	be located in coordination with the commissioner of human services according to section 
56.5 	252.28.

56.6 	Sec. 3. Minnesota Statutes 2022, section 253.13, is amended to read:
56.7 	253.13 NOTICE OF ESCAPE OR DEATH OF PRISONER.
56.8 	When a convict prisoner from the Minnesota Correctional Facility-Stillwater or the 
56.9 	Minnesota Correctional Facility-St. Cloud who has been committed to a state hospital 
56.10 	escapes therefrom from or dies therein in the state hospital, the superintendent shall 
56.11 	immediately notify the chief executive officer of such the correctional facility from which 
56.12 	the prisoner was committed of such fact the prisoner's escape or death.

56.13 	Sec. 4. [253.195] DEFINITIONS.
56.14 		Subdivision 1.Scope. For purposes of sections 253.195 to 253.26, the terms defined in 
56.15 	this section have the meanings given them.
56.16 		Subd. 2.Executive board. "Executive board" has the meaning given in section 246C.015.
56.17 		Subd. 3.Secure treatment facility. "Secure treatment facility" has the meaning given 
56.18 	in section 253B.02, subdivision 18a.

56.19 	Sec. 5. Minnesota Statutes 2022, section 253.20, is amended to read:
56.20 	253.20 MINNESOTA SECURITY HOSPITAL.
56.21 	The commissioner of human services executive board shall erect, equip, and maintain 
56.22 	in St. Peter and other geographic locations under the control of the commissioner of human 
56.23 	services executive board suitable buildings to be known as the Minnesota Security Hospital, 
56.24 	for the purpose of providing a secure treatment facility as defined in section 253B.02, 
56.25 	subdivision 18a, for persons who may be committed there by courts, or otherwise, or 
56.26 	transferred there by the commissioner of human services executive board, and for persons 
56.27 	who are found to be mentally ill while confined in any correctional facility, or who may be 
56.28 	found to be mentally ill and dangerous, and the commissioner executive board shall supervise 
56.29 	and manage the same secure treatment facility as in the case of other state hospitals.

57.1 	Sec. 6. Minnesota Statutes 2022, section 253.21, is amended to read:
57.2 	253.21 COMMITMENT; PROCEEDINGS; RESTORATION OF MENTAL 
57.3 	HEALTH.
57.4 		Subdivision 1.Initiation of commitment proceedings involving prisoners. When any 
57.5 	person confined in the Minnesota Correctional Facility-Stillwater or the Minnesota 
57.6 	Correctional Facility-St. Cloud is alleged to be mentally ill, the chief executive officer or 
57.7 	other person in charge of the correctional facility shall forthwith notify the commissioner 
57.8 	of human services executive board, who which shall cause the prisoner to be examined by 
57.9 	the court exercising probate jurisdiction of the county where the prisoner is confined, as in 
57.10 	the case of other persons who are mentally ill.
57.11 		Subd. 2.Transfer of committed prisoners.  In case the prisoner is found to be mentally 
57.12 	ill, the prisoner shall must be transferred by the order of the court to the Minnesota Security 
57.13 	Hospital or to a state hospital for people who are mentally ill in the discretion of the court, 
57.14 	there to be kept and maintained as in the case of other persons who are mentally ill.
57.15 		Subd. 3.Return of prisoners following restoration of mental health.  If, in the judgment 
57.16 	of the chief executive officer of the correctional facility the prisoner came from, the prisoner's 
57.17 	mental health is restored before the period of commitment to the penal institution correctional 
57.18 	facility has expired, upon the certificate of the chief executive officer, the prisoner executive 
57.19 	board shall be removed by the commissioner, upon the certificate of the chief executive 
57.20 	officer, remove the prisoner from the secure treatment facility and transfer the prisoner to 
57.21 	the correctional institution whence the prisoner came from to complete the sentence.

57.22 	Sec. 7. Minnesota Statutes 2022, section 253.22, is amended to read:
57.23 	253.22 ALLOWANCES.
57.24 		Subdivision 1.Allowances upon discharge of a prisoner. When any convict prisoner
57.25 	is discharged from the Minnesota Security Hospital, the convict shall prisoner must receive 
57.26 	the same allowances in money, clothing, and otherwise which that the convict prisoner
57.27 	would have received on remaining at the sending institution correctional facility the prisoner 
57.28 	came from, and the expenditures in on behalf of the convict shall prisoner must be made 
57.29 	out of the same fund.
57.30 		Subd. 2.Allowances while prisoner is committed. While at the hospital, the convict 
57.31 	shall prisoner must be clothed and supported as are other patients at the facility.

58.1 	Sec. 8. Minnesota Statutes 2022, section 253.23, is amended to read:
58.2 	253.23 TRANSFER PROCEEDINGS.
58.3 	When any criminal shall be prisoner is transferred to the Minnesota Security Hospital,
58.4 	the original warrant of commitment to the penal institution shall correctional facility must
58.5 	be sent with the criminal prisoner and returned to the penal institution correctional facility
58.6 	upon return or discharge of the criminal prisoner. A certified copy thereof shall of the warrant 
58.7 	of commitment to the correctional facility must be preserved at the penal institution
58.8 	correctional facility.

58.9 	Sec. 9. Minnesota Statutes 2022, section 253.24, is amended to read:
58.10 	253.24 TERMS OF SENTENCE.
58.11 	A prisoner who is removed from or returned to a correctional facility under sections 
58.12 	253.20 to 253.26shall must be held in the place to which the prisoner is so removed or 
58.13 	returned in accordance with the terms of the prisoner's original sentence unless sooner
58.14 	discharged sooner and the period of removal shall must be counted as a part of the term of 
58.15 	the prisoner's confinement.

58.16 	Sec. 10. Minnesota Statutes 2022, section 253.26, is amended to read:
58.17 	253.26 TRANSFERS OF PATIENTS OR RESIDENTS.
58.18 	The commissioner of human services executive board may transfer a committed patient 
58.19 	to the Minnesota Security Hospital following a determination that the patient's behavior 
58.20 	presents a danger to others and treatment in a secure treatment facility is necessary. The 
58.21 	commissioner executive board shall establish a written policy creating the transfer criteria.

58.22 	Sec. 11. Minnesota Statutes 2022, section 254B.01, is amended by adding a subdivision 
58.23 	to read:
58.24 		Subd. 15.Executive board. "Executive board" has the meaning given in section 
58.25 	246C.015.

58.26 	Sec. 12. Minnesota Statutes 2022, section 254B.05, subdivision 4, is amended to read:
58.27 		Subd. 4.Regional treatment centers. Regional treatment center substance use disorder 
58.28 	treatment units are eligible vendors. The commissionerexecutive board may expand the 
58.29 	capacity of substance use disorder treatment units beyond the capacity funded by direct 
58.30 	legislative appropriation to serve individuals who are referred for treatment by counties and 
59.1 	whose treatment will be paid for by funding under this chapter or other funding sources. 
59.2 	Notwithstanding the provisions of sections 254B.03 to 254B.041 254B.04, payment for any 
59.3 	person committed at county request to a regional treatment center under chapter 253B for 
59.4 	chemical dependency treatment and determined to be ineligible under the behavioral health 
59.5 	fund, shall become the responsibility of the county.

59.6 	Sec. 13. Minnesota Statutes 2022, section 254B.151, subdivision 2, is amended to read:
59.7 		Subd. 2.Participants; meetings. (a) The community of practice must include the 
59.8 	following participants:
59.9 	(1) researchers or members of the academic community who are substance use disorder 
59.10 	subject matter experts, who do not have financial relationships with treatment providers;
59.11 	(2) substance use disorder treatment providers;
59.12 	(3) representatives from recovery community organizations;
59.13 	(4) a representative from the Department of Human Services;
59.14 	(5) a representative from the Department of Health;
59.15 	(6) a representative from the Department of Corrections;
59.16 	(7) representatives from county social services agencies;
59.17 	(8) representatives from tribal nations or tribal social services providers; and
59.18 	(9) representatives from managed care organizations.; and
59.19 	(10) a representative from the Department of Direct Care and Treatment.
59.20 	(b) The community of practice must include individuals who have used substance use 
59.21 	disorder treatment services and must highlight the voices and experiences of individuals 
59.22 	who are Black, indigenous, people of color, and people from other communities that are 
59.23 	disproportionately impacted by substance use disorders.
59.24 	(c) The community of practice must meet regularly and must hold its first meeting before 
59.25 	January 1, 2022.
59.26 	(d) Compensation and reimbursement for expenses for participants in paragraph (b) are 
59.27 	governed by section 15.059, subdivision 3.

60.1 	ARTICLE 5
60.2 	CIVIL COMMITMENT

60.3 	Section 1. Minnesota Statutes 2022, section 253.015, subdivision 1, is amended to read:
60.4 		Subdivision 1.State-operated services for persons with mental illness.  The 
60.5 	commissioner of human services executive board shall determine to what which
60.6 	state-operated services facility persons with mental illness from each county shall be 
60.7 	committed from each county and notify the judge judges exercising probate jurisdiction 
60.8 	thereof, and of changes made from time to time over each county of the commitment. The 
60.9 	executive board shall also notify judges of any changes made by the executive board to the 
60.10 	commitment location.

60.11 	Sec. 2. Minnesota Statutes 2022, section 253B.02, subdivision 4b, is amended to read:
60.12 		Subd. 4b.Community-based treatment program. "Community-based treatment 
60.13 	program" means non-state-operated treatment and services provided at the community level, 
60.14 	including but not limited to community support services programs defined in section 245.462, 
60.15 	subdivision 6; day treatment services defined in section 245.462, subdivision 8; outpatient 
60.16 	services defined in section 245.462, subdivision 21; mental health crisis services under 
60.17 	section 245.462, subdivision 14c; outpatient services defined in section 245.462, subdivision 
60.18 	21; assertive community treatment services under section 256B.0622; adult rehabilitation 
60.19 	mental health services under section 256B.0623; home and community-based waivers; 
60.20 	supportive housing; and residential treatment services as defined in section 245.462, 
60.21 	subdivision 23. Community-based treatment program excludes services provided by a 
60.22 	state-operated treatment program.

60.23 	Sec. 3. Minnesota Statutes 2022, section 253B.02, subdivision 4c, is amended to read:
60.24 		Subd. 4c.County of financial responsibility. (a) "County of financial responsibility" 
60.25 	has the meaning specified in chapter 256G. This definition does not require that the person 
60.26 	qualifies for or receives any other form of financial, medical, or social service assistance 
60.27 	in addition to the services under this chapter. Disputes about the county of financial 
60.28 	responsibility shall be submitted for determination to the executive board through the
60.29 	commissioner of human services to be determined in the manner prescribed in section 
60.30 	256G.09.
60.31 	(b) For purposes of proper venue for filing a petition pursuant to section 253B.064, 
60.32 	subdivision 1, paragraph (a); 253B.07, subdivision 1, paragraph (a); or 253D.07, where the 
60.33 	designated agency of a county has determined that it is the county of financial responsibility, 
61.1 	then that county is the county of financial responsibility until a different determination is 
61.2 	made by the appropriate county agencies or the commissioner pursuant to chapter 256G.

61.3 	Sec. 4. Minnesota Statutes 2022, section 253B.02, is amended by adding a subdivision to 
61.4 	read:
61.5 		Subd. 7b.Executive board. "Executive board" has the meaning given in section 
61.6 	246C.015.

61.7 	Sec. 5. Minnesota Statutes 2022, section 253B.03, subdivision 1, is amended to read:
61.8 		Subdivision 1.Restraints. (a) A patient has the right to be free from restraints. Restraints 
61.9 	shall not be applied to a patient in a treatment facility or state-operated treatment program 
61.10 	unless the head of the treatment facility, head of the state-operated treatment program, a 
61.11 	member of the medical staff, or a licensed peace officer who has custody of the patient 
61.12 	determines that restraints are necessary for the safety of the patient or others.
61.13 	(b) Restraints shall not be applied to patients with developmental disabilities except as 
61.14 	permitted under section 245.825and, the rules of the commissioner of human services, and 
61.15 	the rules of the executive board. Consent must be obtained from the patient or patient's 
61.16 	guardian except for emergency procedures as permitted under rules of the commissioner of 
61.17 	human services adopted under section 245.825 or rules of the executive board adopted under 
61.18 	chapter 246C.
61.19 	(c) Each use of a restraint and reason for it shall be made part of the clinical record of 
61.20 	the patient under the signature of the head of the treatment facility.

61.21 	Sec. 6. Minnesota Statutes 2022, section 253B.03, subdivision 6a, is amended to read:
61.22 		Subd. 6a.Consent for treatment for developmental disability. A patient with a 
61.23 	developmental disability, or the patient's guardian, has the right to give or withhold consent 
61.24 	before:
61.25 	(1) the implementation of any aversive or deprivation procedure except for emergency 
61.26 	procedures permitted in rules of the commissioner of human services adopted under section 
61.27 	245.825 or rules of the executive board adopted under chapter 246C; or
61.28 	(2) the administration of psychotropic medication.

62.1 	Sec. 7. Minnesota Statutes 2022, section 253B.09, subdivision 3a, is amended to read:
62.2 		Subd. 3a.Reporting judicial commitments; private treatment program or 
62.3 	facility. Notwithstanding section 253B.23, subdivision 9, when a court commits a patient 
62.4 	to a non-state-operated treatment facility or program, the court shall report the commitment 
62.5 	to the commissioner through the supreme court information system for purposes of providing 
62.6 	commitment information for firearm background checks under section 245.041. If the patient 
62.7 	is committed to a state-operated treatment program, the court shall send a copy of the 
62.8 	commitment order to the commissioner and the executive board.

62.9 	Sec. 8. Minnesota Statutes 2023 Supplement, section 253B.10, subdivision 1, is amended 
62.10 	to read:
62.11 		Subdivision 1.Administrative requirements. (a) When a person is committed, the 
62.12 	court shall issue a warrant or an order committing the patient to the custody of the head of 
62.13 	the treatment facility, state-operated treatment program, or community-based treatment 
62.14 	program. The warrant or order shall state that the patient meets the statutory criteria for 
62.15 	civil commitment.
62.16 	(b) The commissioner executive board shall prioritize patients being admitted from jail 
62.17 	or a correctional institution who are:
62.18 	(1) ordered confined in a state-operated treatment program for an examination under 
62.19 	Minnesota Rules of Criminal Procedure, rules 20.01, subdivision 4, paragraph (a), and 
62.20 	20.02, subdivision 2;
62.21 	(2) under civil commitment for competency treatment and continuing supervision under 
62.22 	Minnesota Rules of Criminal Procedure, rule 20.01, subdivision 7;
62.23 	(3) found not guilty by reason of mental illness under Minnesota Rules of Criminal 
62.24 	Procedure, rule 20.02, subdivision 8, and under civil commitment or are ordered to be 
62.25 	detained in a state-operated treatment program pending completion of the civil commitment 
62.26 	proceedings; or
62.27 	(4) committed under this chapter to the commissioner executive board after dismissal 
62.28 	of the patient's criminal charges.
62.29 	Patients described in this paragraph must be admitted to a state-operated treatment program 
62.30 	within 48 hours. The commitment must be ordered by the court as provided in section 
62.31 	253B.09, subdivision 1, paragraph (d).
63.1 	(c) Upon the arrival of a patient at the designated treatment facility, state-operated 
63.2 	treatment program, or community-based treatment program, the head of the facility or 
63.3 	program shall retain the duplicate of the warrant and endorse receipt upon the original 
63.4 	warrant or acknowledge receipt of the order. The endorsed receipt or acknowledgment must 
63.5 	be filed in the court of commitment. After arrival, the patient shall be under the control and 
63.6 	custody of the head of the facility or program.
63.7 	(d) Copies of the petition for commitment, the court's findings of fact and conclusions 
63.8 	of law, the court order committing the patient, the report of the court examiners, and the 
63.9 	prepetition report, and any medical and behavioral information available shall be provided 
63.10 	at the time of admission of a patient to the designated treatment facility or program to which 
63.11 	the patient is committed. Upon a patient's referral to the commissioner of human services
63.12 	executive board for admission pursuant to subdivision 1, paragraph (b), any inpatient hospital, 
63.13 	treatment facility, jail, or correctional facility that has provided care or supervision to the 
63.14 	patient in the previous two years shall, when requested by the treatment facility or 
63.15 	commissioner, provide copies of the patient's medical and behavioral records to the 
63.16 	Department of Human Services executive board for purposes of preadmission planning. 
63.17 	This information shall be provided by the head of the treatment facility to treatment facility 
63.18 	staff in a consistent and timely manner and pursuant to all applicable laws.
63.19 	(e) Patients described in paragraph (b) must be admitted to a state-operated treatment 
63.20 	program within 48 hours of the Office of Executive Medical Director, under section 246.018
63.21 	246C.09, or a designee determining that a medically appropriate bed is available. This 
63.22 	paragraph expires on June 30, 2025.

63.23 	Sec. 9. Minnesota Statutes 2022, section 253B.17, subdivision 1, is amended to read:
63.24 		Subdivision 1.Petition for release from commitment. Any patient, except one 
63.25 	committed as a sexually dangerous person or a person with a sexual psychopathic personality 
63.26 	or as a person who has a mental illness and is dangerous to the public as provided in section 
63.27 	253B.18, subdivision 3, or any interested person may petition the committing court or the 
63.28 	court to which venue has been transferred for an order that the patient is not in need of 
63.29 	continued care and treatment under commitment or for an order that an individual is no 
63.30 	longer a person who poses a risk of harm due to mental illness, or a person who has a 
63.31 	developmental disability or chemical dependency, or for any other relief. A patient committed 
63.32 	as a person who poses a risk of harm due to mental illness, a person who has a mental illness 
63.33 	and is dangerous to the public, a sexually dangerous person, or a person with a sexual 
64.1 	psychopathic personality may petition the committing court or the court to which venue has 
64.2 	been transferred for a hearing concerning the administration of neuroleptic medication.

64.3 	Sec. 10. Minnesota Statutes 2022, section 253B.17, is amended by adding a subdivision 
64.4 	to read:
64.5 		Subd. 1a.Petition for hearing concerning administration of neuroleptic medication. A 
64.6 	patient committed as a person who poses a risk of harm due to mental illness, a person who 
64.7 	has a mental illness and is dangerous to the public, a sexually dangerous person, or a person 
64.8 	with a sexual psychopathic personality may petition the committing court or the court to 
64.9 	which venue has been transferred for a hearing concerning the administration of neuroleptic 
64.10 	medication.

64.11 	Sec. 11. Minnesota Statutes 2022, section 253B.18, subdivision 4a, is amended to read:
64.12 		Subd. 4a.Release on pass; notification. A patient who has been committed as a person 
64.13 	who has a mental illness and is dangerous to the public and who is confined at a secure 
64.14 	treatment facility or has been transferred out of a secure treatment facility according to 
64.15 	section 253B.18, subdivision 6, shall not be released on a pass unless the pass is part of a 
64.16 	pass plan that has been approved by the medical director of the secure treatment facility. 
64.17 	The pass plan must have a specific therapeutic purpose consistent with the treatment plan, 
64.18 	must be established for a specific period of time, and must have specific levels of liberty 
64.19 	delineated. The county case manager must be invited to participate in the development of 
64.20 	the pass plan. At least ten days prior to a determination on the plan, the medical director of 
64.21 	the secure treatment facility shall notify the designated agency, the committing court, the 
64.22 	county attorney of the county of commitment, an interested person, the local law enforcement 
64.23 	agency where the facility is located, the county attorney and the local law enforcement 
64.24 	agency in the location where the pass is to occur, the petitioner, and the petitioner's counsel 
64.25 	of the plan, the nature of the passes proposed, and their right to object to the plan. If any 
64.26 	notified person objects prior to the proposed date of implementation, the person shall have 
64.27 	an opportunity to appear, personally or in writing, before the medical director of the secure 
64.28 	treatment facility, within ten days of the objection, to present grounds for opposing the plan. 
64.29 	The pass plan shall not be implemented until the objecting person has been furnished that 
64.30 	opportunity. Nothing in this subdivision shall be construed to give a patient an affirmative 
64.31 	right to a pass plan.

65.1 	Sec. 12. Minnesota Statutes 2022, section 253B.18, subdivision 4b, is amended to read:
65.2 		Subd. 4b.Pass-eligible status; notification. (a) The following patients committed to a 
65.3 	secure treatment facility shall not be placed on pass-eligible status unless that status has 
65.4 	been approved by the medical director of the secure treatment facility:
65.5 	(1) a patient who has been committed as a person who has a mental illness and is 
65.6 	dangerous to the public and who:
65.7 	(i) was found incompetent to proceed to trial for a felony or was found not guilty by 
65.8 	reason of mental illness of a felony immediately prior to the filing of the commitment 
65.9 	petition;
65.10 	(ii) was convicted of a felony immediately prior to or during commitment as a person 
65.11 	who has a mental illness and is dangerous to the public; or
65.12 	(iii) is subject to a commitment to the commissioner of corrections; and
65.13 	(2) a patient who has been committed as a psychopathic personality, a sexually 
65.14 	psychopathic personality, or a sexually dangerous person.
65.15 	(b) At least ten days prior to a determination on the status, the medical director of the 
65.16 	secure treatment facility shall notify the committing court, the county attorney of the county 
65.17 	of commitment, the designated agency, an interested person, the petitioner, and the petitioner's 
65.18 	counsel of the proposed status, and their right to request review by the special review board. 
65.19 	If within ten days of receiving notice any notified person requests review by filing a notice 
65.20 	of objection with the commissioner executive board and the head of the secure treatment 
65.21 	facility, a hearing shall be held before the special review board. The proposed status shall 
65.22 	not be implemented unless it receives a favorable recommendation by a majority of the 
65.23 	special review board and approval by the commissioner executive board. The order of the 
65.24 	commissioner executive board is appealable as provided in section 253B.19.
65.25 	(c) Nothing in this subdivision shall be construed to give a patient an affirmative right 
65.26 	to seek pass-eligible status from the special review board.

65.27 	Sec. 13. Minnesota Statutes 2022, section 253B.18, subdivision 4c, is amended to read:
65.28 		Subd. 4c.Special review board. (a) The commissioner executive board shall establish 
65.29 	one or more panels of a special review board. The special review board shall consist of three 
65.30 	members experienced in the field of mental illness. One member of each special review 
65.31 	board panel shall be a psychiatrist or a doctoral level psychologist with forensic experience 
65.32 	and one member shall be an attorney. No member shall be affiliated with the Department 
66.1 	of Human Services Direct Care and Treatment. The special review board shall meet at least 
66.2 	every six months and at the call of the commissioner executive board. It shall hear and 
66.3 	consider all petitions for a reduction in custody or to appeal a revocation of provisional 
66.4 	discharge. A "reduction in custody" means transfer from a secure treatment facility, discharge, 
66.5 	and provisional discharge. Patients may be transferred by the commissioner executive board
66.6 	between secure treatment facilities without a special review board hearing.
66.7 	Members of the special review board shall receive compensation and reimbursement 
66.8 	for expenses as established by the commissioner executive board.
66.9 	(b) For purposes of this section, "reduction in custody" means transfer from a secure 
66.10 	treatment facility, discharge, and provisional discharge.
66.11 	(b) (c) The special review board must review each denied petition under subdivision 5 
66.12 	for barriers and obstacles preventing the patient from progressing in treatment. Based on 
66.13 	the cases before the special review board in the previous year, the special review board shall 
66.14 	provide to the commissioner executive board an annual summation of the barriers to treatment 
66.15 	progress, and recommendations to achieve the common goal of making progress in treatment.
66.16 	(c) (d) A petition filed by a person committed as a person who has a mental illness and 
66.17 	is dangerous to the public under this section must be heard as provided in subdivision 5 
66.18 	and, as applicable, subdivision 13. A petition filed by a person committed as a sexual 
66.19 	psychopathic personality or as a sexually dangerous person under chapter 253D, or committed 
66.20 	as both a person who has a mental illness and is dangerous to the public under this section 
66.21 	and as a sexual psychopathic personality or as a sexually dangerous person must be heard 
66.22 	as provided in section 253D.27.

66.23 	Sec. 14. Minnesota Statutes 2022, section 253B.18, subdivision 5, is amended to read:
66.24 		Subd. 5.Petition; notice of hearing; attendance; order. (a) A petition for a reduction 
66.25 	in custody or revocation of provisional discharge shall be filed with the commissioner
66.26 	executive board and may be filed by the patient or by the head of the treatment facility or 
66.27 	state-operated treatment program to which the person was committed or has been transferred. 
66.28 	A patient may not petition the special review board for six months following commitment 
66.29 	under subdivision 3 or following the final disposition of any previous petition and subsequent 
66.30 	appeal by the patient. The head of the state-operated treatment program or head of the 
66.31 	treatment facility must schedule a hearing before the special review board for any patient 
66.32 	who has not appeared before the special review board in the previous three years, and 
66.33 	schedule a hearing at least every three years thereafter. The medical director of the secure 
66.34 	treatment facility may petition at any time.
67.1 	(b) Fourteen days prior to the hearing, the committing court, the county attorney of the 
67.2 	county of commitment, the designated agency, interested person, the petitioner, and the 
67.3 	petitioner's counsel shall be given written notice by the commissioner executive board of 
67.4 	the time and place of the hearing before the special review board. Only those entitled to 
67.5 	statutory notice of the hearing or those administratively required to attend may be present 
67.6 	at the hearing. The patient may designate interested persons to receive notice by providing 
67.7 	the names and addresses to the commissioner executive board at least 21 days before the 
67.8 	hearing. The special review board shall provide the commissioner with written findings of 
67.9 	fact and recommendations within 21 days of the hearing. The commissioner executive board
67.10 	shall issue an order no later than 14 days after receiving the recommendation of the special 
67.11 	review board. A copy of the order shall be mailed to every person entitled to statutory notice 
67.12 	of the hearing within five days after the order is signed. No order by the commissioner
67.13 	executive board shall be effective sooner than 30 days after the order is signed, unless the 
67.14 	county attorney, the patient, and the commissioner executive board agree that it may become 
67.15 	effective sooner.
67.16 	(c) The special review board shall hold a hearing on each petition prior to making its 
67.17 	recommendation to the commissioner executive board. The special review board proceedings 
67.18 	are not contested cases as defined in chapter 14. Any person or agency receiving notice that 
67.19 	submits documentary evidence to the special review board prior to the hearing shall also 
67.20 	provide copies to the patient, the patient's counsel, the county attorney of the county of 
67.21 	commitment, the case manager, and the commissioner executive board.
67.22 	(d) Prior to the final decision by the commissioner, the special review board may be 
67.23 	reconvened to consider events or circumstances that occurred subsequent to the hearing.
67.24 	(e) In making their recommendations and order, the special review board and 
67.25 	commissioner executive board must consider any statements received from victims under 
67.26 	subdivision 5a.

67.27 	Sec. 15. Minnesota Statutes 2022, section 253B.18, subdivision 5a, is amended to read:
67.28 		Subd. 5a.Victim notification of petition and release; right to submit statement. (a) 
67.29 	As used in this subdivision:
67.30 	(1) "crime" has the meaning given to "violent crime" in section 609.1095, and includes 
67.31 	criminal sexual conduct in the fifth degree and offenses within the definition of "crime 
67.32 	against the person" in section 253B.02, subdivision 4e, and also includes offenses listed in 
67.33 	section 253D.02, subdivision 8, paragraph (b), regardless of whether they are sexually 
67.34 	motivated;
68.1 	(2) "victim" means a person who has incurred loss or harm as a result of a crime the 
68.2 	behavior for which forms the basis for a commitment under this section or chapter 253D; 
68.3 	and
68.4 	(3) "convicted" and "conviction" have the meanings given in section 609.02, subdivision 
68.5 	5, and also include juvenile court adjudications, findings under Minnesota Rules of Criminal 
68.6 	Procedure, rule 20.02, that the elements of a crime have been proved, and findings in 
68.7 	commitment cases under this section or chapter 253D that an act or acts constituting a crime 
68.8 	occurred or were part of their course of harmful sexual conduct.
68.9 	(b) A county attorney who files a petition to commit a person under this section or chapter 
68.10 	253D shall make a reasonable effort to provide prompt notice of filing the petition to any 
68.11 	victim of a crime for which the person was convicted. In addition, the county attorney shall 
68.12 	make a reasonable effort to promptly notify the victim of the resolution of the petition and 
68.13 	the process for requesting notification of an individual's change in status as provided in 
68.14 	paragraph (c).
68.15 	(c) A victim may request notification of an individual's discharge or release as provided 
68.16 	in paragraph (d) by submitting a written request for notification to the executive director of 
68.17 	the facility in which the individual is confined. The Department of Corrections or a county 
68.18 	attorney who receives a request for notification from a victim under this section shall 
68.19 	promptly forward the request to the executive director of the treatment facility in which the 
68.20 	individual is confined.
68.21 	(d) Before provisionally discharging, discharging, granting pass-eligible status, approving 
68.22 	a pass plan, or otherwise permanently or temporarily releasing a person committed under 
68.23 	this section from a state-operated treatment program or treatment facility, the head of the 
68.24 	state-operated treatment program or head of the treatment facility shall make a reasonable 
68.25 	effort to notify any victim of a crime for which the person was convicted that the person 
68.26 	may be discharged or released and that the victim has a right to submit a written statement 
68.27 	regarding decisions of the medical director of the secure treatment facility, special review 
68.28 	board, or commissioner executive board with respect to the person. To the extent possible, 
68.29 	the notice must be provided at least 14 days before any special review board hearing or 
68.30 	before a determination on a pass plan. Notwithstanding section 611A.06, subdivision 4, the 
68.31 	commissioner executive board shall provide the judicial appeal panel with victim information 
68.32 	in order to comply with the provisions of this section. The judicial appeal panel shall ensure 
68.33 	that the data on victims remains private as provided for in section 611A.06, subdivision 4. 
68.34 	These notices shall only be provided to victims who have submitted a written request for 
68.35 	notification as provided in paragraph (c).
69.1 	(e) The rights under this subdivision are in addition to rights available to a victim under 
69.2 	chapter 611A. This provision does not give a victim all the rights of a "notified person" or 
69.3 	a person "entitled to statutory notice" under subdivision 4a, 4b, or 5 or section 253D.14.

69.4 	Sec. 16. Minnesota Statutes 2022, section 253B.18, subdivision 13, is amended to read:
69.5 		Subd. 13.Appeal. Any patient aggrieved by a revocation decision or any interested 
69.6 	person may petition the special review board within seven days, exclusive of Saturdays, 
69.7 	Sundays, and legal holidays, after receipt of the revocation report for a review of the 
69.8 	revocation. The special review board shall schedule the matter shall be scheduled within 
69.9 	30 days. The special review board shall review the circumstances leading to the revocation 
69.10 	and shall recommend to the commissioner executive board whether or not the revocation 
69.11 	shall be upheld. The special review board may also recommend a new provisional discharge 
69.12 	at the time of a revocation hearing.

69.13 	Sec. 17. Minnesota Statutes 2022, section 253B.18, subdivision 14, is amended to read:
69.14 		Subd. 14.Voluntary readmission. (a) With the consent of the head of the treatment 
69.15 	facility or state-operated treatment program, a patient may voluntarily return from provisional 
69.16 	discharge for a period of up to 30 days, or up to 60 days with the consent of the designated 
69.17 	agency. If the patient is not returned to provisional discharge status within 60 days, the 
69.18 	provisional discharge is revoked. Within 15 days of receiving notice of the change in status, 
69.19 	the patient may request a review of the matter before the special review board. The special 
69.20 	review board may recommend a return to a provisional discharge status.
69.21 	(b) The treatment facility or state-operated treatment program is not required to petition 
69.22 	for a further review by the special review board unless the patient's return to the community 
69.23 	results in substantive change to the existing provisional discharge plan. All the terms and 
69.24 	conditions of the provisional discharge order shall remain unchanged if the patient is released 
69.25 	again.

69.26 	Sec. 18. Minnesota Statutes 2022, section 253B.19, subdivision 1, is amended to read:
69.27 		Subdivision 1.Creation. The supreme court shall establish an appeal panel composed 
69.28 	of three judges and four alternate judges appointed from among the acting judges of the 
69.29 	state. Panel members shall serve for terms of one year each. Only three judges need hear 
69.30 	any case. One of the regular three appointed judges shall be designated as the chief judge 
69.31 	of the appeal panel. The chief judge is vested with power to fix the time and place of all 
69.32 	hearings before the panel, issue all notices, subpoena witnesses, appoint counsel for the 
70.1 	patient, if necessary, and supervise and direct the operation of the appeal panel. The chief 
70.2 	judge shall designate one of the other judges or an alternate judge to act as chief judge in 
70.3 	any case where the chief judge is unable to act. No member of the appeal panel shall take 
70.4 	part in the consideration of any case in which that judge committed the patient. The chief 
70.5 	justice of the supreme court shall determine the compensation of the judges serving on the 
70.6 	appeal panel. The compensation shall be in addition to their regular compensation as judges. 
70.7 	All compensation and expenses of the appeal panel and all allowable fees and costs of the 
70.8 	patient's counsel shall be established and paid by the Department of Human Services
70.9 	executive board.

70.10 	Sec. 19. Minnesota Statutes 2022, section 253B.20, subdivision 2, is amended to read:
70.11 		Subd. 2.Necessities. (a) The state-operated treatment program shall make necessary 
70.12 	arrangements at the expense of the state to insure that no patient is discharged or provisionally 
70.13 	discharged without suitable clothing. The head of the state-operated treatment program 
70.14 	shall, if necessary, provide the patient with a sufficient sum of money to secure transportation 
70.15 	home, or to another destination of the patient's choice, if the destination is located within a 
70.16 	reasonable distance of the state-operated treatment program.
70.17 	(b) The commissioner shall establish procedures by rule to help the patient receive all 
70.18 	public assistance benefits provided by state or federal law to which the patient is entitled 
70.19 	by residence and circumstances. The rule shall be uniformly applied in all counties. All 
70.20 	counties shall provide temporary relief whenever necessary to meet the intent of this 
70.21 	subdivision.
70.22 	(c) The commissioner and the executive board may adopt joint rules necessary to 
70.23 	accomplish the requirements under paragraph (b).

70.24 	Sec. 20. Minnesota Statutes 2022, section 253B.212, subdivision 2, is amended to read:
70.25 		Subd. 2.Effect given to Tribal commitment order. (a) When, under an agreement 
70.26 	entered into pursuant to subdivision 1, 1a, or 1b, the Indian Health Service or the placing 
70.27 	Tribe applies to a state-operated treatment program for admission of a person committed 
70.28 	to the jurisdiction of the health service by the Tribal court due to mental illness, 
70.29 	developmental disability, or chemical dependency, the commissioner executive board may 
70.30 	treat the patient with the consent of the Indian Health Service or the placing Tribe.
70.31 	(b) A person admitted to a state-operated treatment program pursuant to this section has 
70.32 	all the rights accorded by section 253B.03. In addition, treatment reports, prepared in 
70.33 	accordance with the requirements of section 253B.12, subdivision 1, shall be filed with the 
71.1 	Indian Health Service or the placing Tribe within 60 days of commencement of the patient's 
71.2 	stay at the program. A subsequent treatment report shall be filed with the Indian Health 
71.3 	Service or the placing Tribe within six months of the patient's admission to the program or 
71.4 	prior to discharge, whichever comes first. Provisional discharge or transfer of the patient 
71.5 	may be authorized by the head of the program only with the consent of the Indian Health 
71.6 	Service or the placing Tribe. Discharge from the program to the Indian Health Service or 
71.7 	the placing Tribe may be authorized by the head of the state-operated treatment program 
71.8 	after notice to and consultation with the Indian Health Service or the placing Tribe.

71.9 	Sec. 21. Minnesota Statutes 2022, section 253B.22, subdivision 1, is amended to read:
71.10 		Subdivision 1.Establishment. The commissioner executive board shall establish a 
71.11 	review board of three or more persons for the Anoka-Metro Regional Treatment Center, 
71.12 	Minnesota Security Hospital, and Minnesota Sex Offender Program to review the admission 
71.13 	and retention of patients of that program receiving services under this chapter. One member 
71.14 	shall be qualified in the diagnosis of mental illness, developmental disability, or chemical 
71.15 	dependency, and one member shall be an attorney. The commissioner executive board may, 
71.16 	upon written request from the appropriate federal authority, establish a review panel for 
71.17 	any federal treatment facility within the state to review the admission and retention of 
71.18 	patients hospitalized under this chapter. For any review board established for a federal 
71.19 	treatment facility, one of the persons appointed by the commissioner executive board shall 
71.20 	be the commissioner of veterans affairs or the commissioner's designee of the commissioner 
71.21 	of veterans affairs.

71.22 	Sec. 22. Minnesota Statutes 2022, section 253B.22, subdivision 3, is amended to read:
71.23 		Subd. 3.Notice. The head of each program specified in subdivision 1 shall notify each 
71.24 	patient at the time of admission by a simple written statement of the patient's right to appear 
71.25 	before the review board and the next date when the review board will visit that program. A 
71.26 	request to appear before the review board need not be in writing. Any employee of the 
71.27 	program receiving a patient's request to appear before the review board shall notify the head 
71.28 	of the program of the request.

71.29 	Sec. 23. Minnesota Statutes 2022, section 253B.22, subdivision 4, is amended to read:
71.30 		Subd. 4.Review. The review board shall review the admission and retention of patients 
71.31 	at the program. The review board may examine the records of all patients admitted and may 
71.32 	examine personally at its own instigation all patients who from the records or otherwise 
71.33 	appear to justify reasonable doubt as to continued need of confinement in the program. The 
72.1 	review board shall report its findings to the commissioner executive board and to the head 
72.2 	of the program. The review board may also receive reports from patients, interested persons, 
72.3 	and employees of the program, and investigate conditions affecting the care of patients.

72.4 	ARTICLE 6
72.5 	CIVIL COMMITMENT AND TREATMENT OF SEX OFFENDERS

72.6 	Section 1. Minnesota Statutes 2022, section 253D.02, subdivision 2, is amended to read:
72.7 		Subd. 2.Administrative restriction. "Administrative restriction" means any measure 
72.8 	utilized by the commissioner executive board to maintain safety and security, protect possible 
72.9 	evidence, and prevent the continuation of suspected criminal acts. Administrative restriction 
72.10 	does not mean protective isolation as defined by Minnesota Rules, part 9515.3090, subpart 
72.11 	4. Administrative restriction may include increased monitoring, program limitations, loss 
72.12 	of privileges, restricted access to and use of possessions, and separation of a committed 
72.13 	person from the normal living environment, as determined by the commissioner executive 
72.14 	board or the commissioner's designee of the executive board. Administrative restriction 
72.15 	applies only to committed persons in a secure treatment facility as defined in subdivision 
72.16 	13 who:
72.17 	(1) are suspected of committing a crime or charged with a crime;
72.18 	(2) are the subject of a criminal investigation;
72.19 	(3) are awaiting sentencing following a conviction of a crime; or
72.20 	(4) are awaiting transfer to a correctional facility.

72.21 	Sec. 2. Minnesota Statutes 2022, section 253D.02, subdivision 3, is amended to read:
72.22 		Subd. 3.Commissioner. "Commissioner" means the commissioner of human services
72.23 	corrections or the commissioner's designee.

72.24 	Sec. 3. Minnesota Statutes 2022, section 253D.02, subdivision 4, is amended to read:
72.25 		Subd. 4.Committed person. "Committed person" means an individual committed under 
72.26 	this chapter, or under this chapter and under section 253B.18. It includes individuals described 
72.27 	in section 246B.01, subdivision 1a, and any person committed as a sexually dangerous 
72.28 	person, a person with a psychopathic personality, or a person with a sexual psychopathic 
72.29 	personality under any previous statute including chapter 253B or Minnesota Statutes 1992,
72.30 	section 526.10or chapter 253B.

73.1 	Sec. 4. Minnesota Statutes 2022, section 253D.02, is amended by adding a subdivision to 
73.2 	read:
73.3 		Subd. 7a.Executive board. "Executive board" has the meaning given under section 
73.4 	246C.015.

73.5 	Sec. 5. Minnesota Statutes 2023 Supplement, section 253D.02, subdivision 8, is amended 
73.6 	to read:
73.7 		Subd. 8.Harmful sexual conduct. (a) "Harmful sexual conduct" means sexual conduct 
73.8 	that creates a substantial likelihood of serious physical or emotional harm to another.
73.9 	(b) There is a rebuttable presumption that conduct described in the following provisions 
73.10 	creates a substantial likelihood that a victim will suffer serious physical or emotional harm: 
73.11 	section 609.342 (criminal sexual conduct in the first degree), 609.343 (criminal sexual 
73.12 	conduct in the second degree), 609.344 (criminal sexual conduct in the third degree), 609.345 
73.13 	(criminal sexual conduct in the fourth degree), or 609.3458 (sexual extortion).
73.14 	(c) If the conduct was motivated by the person's sexual impulses or was part of a pattern 
73.15 	of behavior that had criminal sexual conduct as a goal, the presumption in paragraph (b) 
73.16 	also applies to conduct described in section 609.185 (murder in the first degree), 609.19
73.17 	(murder in the second degree), 609.195 (murder in the third degree), 609.20 (manslaughter 
73.18 	in the first degree), 609.205 (manslaughter in the second degree), 609.221 (assault in the 
73.19 	first degree), 609.222 (assault in the second degree), 609.223 (assault in the third degree), 
73.20 	609.24 (simple robbery), 609.245 (aggravated robbery), 609.247 (carjacking), 609.25
73.21 	(kidnapping), 609.255 (false imprisonment), 609.365 (incest), 609.498 (tampering with a 
73.22 	witness), 609.561 (arson in the first degree), 609.582, subdivision 1 (burglary in the first 
73.23 	degree), 609.713 (terroristic threats), or 609.749, subdivision 3 or 5 (harassment or stalking).

73.24 	Sec. 6. Minnesota Statutes 2022, section 253D.02, subdivision 16, is amended to read:
73.25 		Subd. 16.Sexually dangerous person. (a) A "sexually dangerous person" means a 
73.26 	person who:
73.27 	(1) has engaged in a course of harmful sexual conduct as defined in subdivision 8;
73.28 	(2) has manifested a sexual, personality, or other mental disorder or dysfunction; and
73.29 	(3) as a result, is likely to engage in acts of harmful sexual conduct as defined in 
73.30 	subdivision 8.
74.1 	(b) For purposes of this provision, it is not necessary to prove that the person has an 
74.2 	inability to control the person's sexual impulses.

74.3 	Sec. 7. Minnesota Statutes 2022, section 253D.02, is amended by adding a subdivision to 
74.4 	read:
74.5 		Subd. 17.Other treatment program. "Other treatment program" means a service or 
74.6 	program administered by the Minnesota Sex Offender Program outside a secure environment.

74.7 	Sec. 8. Minnesota Statutes 2022, section 253D.10, subdivision 2, is amended to read:
74.8 		Subd. 2.Correctional facilities. (a) A person who is being petitioned for commitment 
74.9 	under this chapter and who is placed under a judicial hold order under section 253B.07, 
74.10 	subdivision 2b or 7, may be confined as specified in this subdivision at a Department of 
74.11 	Corrections or a county correctional or detention facility, rather than a secure treatment 
74.12 	facility, until a determination of the commitment petition as specified in this subdivision.
74.13 	(b) A court may order that a person who is being petitioned for commitment under this 
74.14 	chapter be confined in a Department of Corrections facility pursuant to the judicial hold 
74.15 	order under the following circumstances and conditions:
74.16 	(1) The person is currently serving a sentence in a Department of Corrections facility 
74.17 	and the court determines that the person has made a knowing and voluntary (i) waiver of 
74.18 	the right to be held in a secure treatment facility and (ii) election to be held in a Department 
74.19 	of Corrections facility. The order confining the person in the Department of Corrections 
74.20 	facility shall remain in effect until the court vacates the order or the person's criminal sentence 
74.21 	and conditional release term expire.
74.22 	In no case may the person be held in a Department of Corrections facility pursuant only 
74.23 	to this subdivision clause, and not pursuant to any separate correctional authority, for more 
74.24 	than 210 days.
74.25 	(2) A person who has elected to be confined in a Department of Corrections facility 
74.26 	under this subdivision clause (1) may revoke the election by filing a written notice of intent 
74.27 	to revoke the election with the court and serving the notice upon the Department of 
74.28 	Corrections and the county attorney. The court shall order the person transferred to a secure 
74.29 	treatment facility within 15 days of the date that the notice of revocation was filed with the 
74.30 	court, except that, if the person has additional time to serve in prison at the end of the 15-day 
74.31 	period, the person shall not be transferred to a secure treatment facility until the person's 
74.32 	prison term expires. After a person has revoked an election to remain in a Department of 
75.1 	Corrections facility under this subdivision clause, the court may not adopt another election 
75.2 	to remain in a Department of Corrections facility without the agreement of both parties and 
75.3 	the Department of Corrections.
75.4 	(3) Upon petition by the commissioner of corrections, after notice to the parties and 
75.5 	opportunity for hearing and for good cause shown, the court may order that the person's 
75.6 	place of confinement be changed from the Department of Corrections to a secure treatment 
75.7 	facility.
75.8 	(4) While at a Department of Corrections facility pursuant to this subdivision paragraph, 
75.9 	the person shall remain subject to all rules and practices applicable to correctional inmates 
75.10 	in the facility in which the person is placed including but not limited to the powers and 
75.11 	duties of the commissioner of corrections under section 241.01, powers relating to use of 
75.12 	force under section 243.52, and the right of the commissioner of corrections to determine 
75.13 	the place of confinement in a prison, reformatory, or other facility.
75.14 	(5) A person may not be confined in a Department of Corrections facility under this 
75.15 	provision paragraph beyond the end of the person's executed sentence or the end of any 
75.16 	applicable conditional release period, whichever is later. If a person confined in a Department 
75.17 	of Corrections facility pursuant to this provision paragraph reaches the person's supervised 
75.18 	release date and is subject to a period of conditional release, the period of conditional release 
75.19 	shall commence on the supervised release date even though the person remains in the 
75.20 	Department of Corrections facility pursuant to this provision. At the end of the later of the 
75.21 	executed sentence or any applicable conditional release period, the person shall be transferred 
75.22 	to a secure treatment facility.
75.23 	(6) Nothing in this section paragraph may be construed to establish a right of an inmate 
75.24 	in a state correctional facility to participate in sex offender treatment. This section must be 
75.25 	construed in a manner consistent with the provisions of section 244.03.
75.26 	(c) (7) When a person is temporarily confined in a Department of Corrections facility 
75.27 	solely under this subdivision paragraph and not based on any separate correctional authority, 
75.28 	the commissioner of corrections may charge the county of financial responsibility for the 
75.29 	costs of confinement, and the Department of Human Services executive board shall use 
75.30 	existing appropriations to fund all remaining nonconfinement costs. The funds received by 
75.31 	the commissioner of corrections for the confinement and nonconfinement costs are 
75.32 	appropriated to the department commissioner for these purposes.
75.33 	(d) (c) The committing county may offer a person who is being petitioned for commitment 
75.34 	under this chapter and who is placed under a judicial hold order under section 253B.07, 
76.1 	subdivision 2b or 7, the option to be held in a county correctional or detention facility rather 
76.2 	than a secure treatment facility, under such terms as may be agreed to by the county, the 
76.3 	commitment petitioner, and the commitment respondent. If a person makes such an election 
76.4 	under this paragraph, the court hold order shall specify the terms of the agreement, including 
76.5 	the conditions for revoking the election.

76.6 	Sec. 9. Minnesota Statutes 2022, section 253D.11, subdivision 2, is amended to read:
76.7 		Subd. 2.Petitions. If the supreme court creates the judicial panel authorized by this 
76.8 	section, all petitions for civil commitment of sexually dangerous persons or persons with 
76.9 	sexual psychopathic personalities brought under section 253D.07 shall be filed with the 
76.10 	supreme court instead of with the district court in the county where the proposed patient is 
76.11 	present, notwithstanding any provision of section 253D.07 to the contrary. Otherwise, all 
76.12 	of the other applicable procedures contained in this chapter and sections 253B.07 and 
76.13 	253B.08 apply to commitment proceedings conducted by a judge on the panel.

76.14 	Sec. 10. Minnesota Statutes 2022, section 253D.27, subdivision 1, is amended to read:
76.15 		Subdivision 1.Victim notification. (a) This section applies only to committed persons 
76.16 	as defined in section 253D.02, subdivision 4. The procedures in section 253D.14 for victim 
76.17 	notification and right to submit a statement apply to petitions filed and reductions in custody 
76.18 	recommended under this subdivision section.
76.19 	(b) For the purposes of this section, "reduction in custody" means transfer out of a secure 
76.20 	treatment facility, a provisional discharge, or a discharge from commitment. A reduction 
76.21 	in custody is considered to be a commitment proceeding under section 8.01.

76.22 	Sec. 11. Minnesota Statutes 2022, section 253D.29, subdivision 1, is amended to read:
76.23 		Subdivision 1.Factors. (a) A person who is committed as a sexually dangerous person 
76.24 	or a person with a sexual psychopathic personality shall not be transferred out of a secure 
76.25 	treatment facility unless the transfer is appropriate. Transfer may be to other treatment 
76.26 	programs under the commissioner's control of the executive board.
76.27 	(b) The following factors must be considered in determining whether a transfer is 
76.28 	appropriate:
76.29 	(1) the person's clinical progress and present treatment needs;
76.30 	(2) the need for security to accomplish continuing treatment;
76.31 	(3) the need for continued institutionalization;
77.1 	(4) which facility other treatment program can best meet the person's needs; and
77.2 	(5) whether transfer can be accomplished with a reasonable degree of safety for the 
77.3 	public.

77.4 	Sec. 12. Minnesota Statutes 2022, section 253D.29, subdivision 2, is amended to read:
77.5 		Subd. 2. Voluntary readmission to a secure treatment facility. (a) After a committed 
77.6 	person has been transferred out of a secure treatment facility pursuant to subdivision 1 and 
77.7 	with the consent of the executive director, a committed person may voluntarily return to a 
77.8 	secure treatment facility for a period of up to 60 days.
77.9 	(b) If the committed person is not returned to the facility other treatment program to 
77.10 	which the person was originally transferred pursuant to subdivision 1 within 60 days of 
77.11 	being readmitted to a secure treatment facility under this subdivision, the transfer to the 
77.12 	other treatment program under subdivision 1 is revoked and the committed person shall 
77.13 	remain in a secure treatment facility. The committed person shall immediately be notified 
77.14 	in writing of the revocation.
77.15 	(c) Within 15 days of receiving notice of the revocation, the committed person may 
77.16 	petition the special review board for a review of the revocation. The special review board 
77.17 	shall review the circumstances of the revocation and shall recommend to the judicial appeal 
77.18 	panel whether or not the revocation shall be upheld. The special review board may also 
77.19 	recommend a new transfer at the time of the revocation hearing.
77.20 	(d) If the transfer has not been revoked and the committed person is to be returned to 
77.21 	the facility other treatment program to which the committed person was originally transferred 
77.22 	pursuant to subdivision 1 with no substantive change to the conditions of the transfer ordered 
77.23 	pursuant to subdivision 1, no action by the special review board or judicial appeal panel is 
77.24 	required.

77.25 	Sec. 13. Minnesota Statutes 2022, section 253D.29, subdivision 3, is amended to read:
77.26 		Subd. 3. Revocation. (a) The executive director may revoke a transfer made pursuant 
77.27 	to subdivision 1 and require a committed person to return to a secure treatment facility if:
77.28 	(1) remaining in a nonsecure setting will not provide a reasonable degree of safety to 
77.29 	the committed person or others; or
77.30 	(2) the committed person has regressed in clinical progress so that the facility other 
77.31 	treatment program to which the committed person was transferred is no longer sufficient 
77.32 	to meet the committed person's needs.
78.1 	(b) Upon the revocation of the transfer, the committed person shall be immediately 
78.2 	returned to a secure treatment facility. A report documenting reasons for revocation shall 
78.3 	be issued by the executive director within seven days after the committed person is returned 
78.4 	to the secure treatment facility. Advance notice to the committed person of the revocation 
78.5 	is not required.
78.6 	(c) The committed person must be provided a copy of the revocation report and informed, 
78.7 	orally and in writing, of the rights of a committed person under this section. The revocation 
78.8 	report shall be served upon the committed person and the committed person's counsel. The 
78.9 	report shall outline the specific reasons for the revocation including, but not limited to, the 
78.10 	specific facts upon which the revocation is based.
78.11 	(d) If a committed person's transfer is revoked, the committed person may re-petition 
78.12 	for transfer according to section 253D.27.
78.13 	(e) Any committed person aggrieved by a transfer revocation decision may petition the 
78.14 	special review board within seven days, exclusive of Saturdays, Sundays, and legal holidays, 
78.15 	after receipt of the revocation report for a review of the revocation. The matter shall be 
78.16 	scheduled within 30 days. The special review board shall review the circumstances leading 
78.17 	to the revocation and, after considering the factors in subdivision 1, paragraph (b), shall 
78.18 	recommend to the judicial appeal panel whether or not the revocation shall be upheld. The 
78.19 	special review board may also recommend a new transfer out of a secure treatment facility 
78.20 	at the time of the revocation hearing.

78.21 	Sec. 14. Minnesota Statutes 2022, section 253D.30, subdivision 5, is amended to read:
78.22 		Subd. 5. Revocation. (a) The executive director may revoke a provisional discharge if 
78.23 	either of the following grounds exist:
78.24 	(1) the committed person has departed from the conditions of the provisional discharge 
78.25 	plan; or
78.26 	(2) the committed person is exhibiting behavior which may be dangerous to self or 
78.27 	others.
78.28 	(b) The executive director may revoke the provisional discharge and, either orally or in 
78.29 	writing, order that the committed person be immediately returned to a Minnesota Sex 
78.30 	Offender Program secure treatment facility or other treatment program. A report documenting 
78.31 	reasons for revocation shall be issued by the executive director within seven days after the 
78.32 	committed person is returned to the secure treatment facility or other treatment program. 
78.33 	Advance notice to the committed person of the revocation is not required.
79.1 	(c) The committed person must be provided a copy of the revocation report and informed, 
79.2 	orally and in writing, of the rights of a committed person under this section. The revocation 
79.3 	report shall be served upon the committed person, the committed person's counsel, and the 
79.4 	county attorneys of the county of commitment and the county of financial responsibility. 
79.5 	The report shall outline the specific reasons for the revocation, including but not limited to 
79.6 	the specific facts upon which the revocation is based.
79.7 	(d) An individual who is revoked from provisional discharge must successfully re-petition 
79.8 	the special review board and judicial appeal panel prior to being placed back on provisional 
79.9 	discharge.

79.10 	ARTICLE 7
79.11 	MINNESOTA SEX OFFENDER PROGRAM

79.12 	Section 1. Minnesota Statutes 2022, section 246B.01, subdivision 2, is amended to read:
79.13 		Subd. 2.Commissioner Executive board. "Commissioner" means the commissioner 
79.14 	of human services or the commissioner's designee "Executive board" has the meaning given 
79.15 	in section 246C.015.

79.16 	Sec. 2. Minnesota Statutes 2022, section 246B.01, subdivision 2b, is amended to read:
79.17 		Subd. 2b.Cost of care. "Cost of care" means the commissioner's executive board's
79.18 	charge for housing and treatment services provided to any person admitted to the Minnesota 
79.19 	Sex Offender Program.
79.20 	For purposes of this subdivision, "charge for housing and treatment services" means the 
79.21 	cost of services, treatment, maintenance, bonds issued for capital improvements, depreciation 
79.22 	of buildings and equipment, and indirect costs related to the operation of state facilities. 
79.23 	The commissioner executive board may determine the charge for services on an anticipated 
79.24 	average per diem basis as an all-inclusive charge per facility.

79.25 	Sec. 3. Minnesota Statutes 2022, section 246B.03, subdivision 1, is amended to read:
79.26 		Subdivision 1.Licensure. (a) The commissioner of human services executive board
79.27 	shall apply to the commissioner of health to license the secure treatment facilities operated 
79.28 	by the Minnesota Sex Offender Program as supervised living facilities with applicable 
79.29 	program licensing standards.
79.30 	(b) The executive board shall apply to the commissioner of human services to license 
79.31 	the Minnesota Sex Offender Program as needed to provide program services.

80.1 	Sec. 4. Minnesota Statutes 2022, section 246B.04, subdivision 1, is amended to read:
80.2 		Subdivision 1.Program rules and evaluation. The commissioner of human services
80.3 	executive board shall adopt rules to govern the operation, and maintenance, and licensure
80.4 	of secure treatment facilities operated by the Minnesota Sex Offender Program or at any 
80.5 	other facility operated by the commissioner,executive board for a person committed as a 
80.6 	sexual psychopathic personality or a sexually dangerous person. The commissioner shall 
80.7 	establish an evaluation process to measure outcomes and behavioral changes as a result of 
80.8 	treatment compared with incarceration without treatment, to determine the value, if any, of 
80.9 	treatment in protecting the public.

80.10 	Sec. 5. Minnesota Statutes 2022, section 246B.04, is amended by adding a subdivision to 
80.11 	read:
80.12 		Subd. 1a.Program evaluation. The executive board shall establish an evaluation process 
80.13 	to measure outcomes and behavioral changes as a result of treatment compared with 
80.14 	incarceration without treatment to determine the value, if any, of treatment in protecting 
80.15 	the public.

80.16 	Sec. 6. Minnesota Statutes 2022, section 246B.06, subdivision 1, is amended to read:
80.17 		Subdivision 1.Establishment; purpose. (a) The commissioner of human services
80.18 	executive board may establish, equip, maintain, and operate a vocational work program at 
80.19 	any Minnesota Sex Offender Program facility under this chapter. The commissioner executive 
80.20 	board may establish vocational activities for sex offender treatment for civilly committed 
80.21 	sex offenders as the commissioner executive board deems necessary and suitable to the 
80.22 	meaningful work skills training, educational training, and development of proper work 
80.23 	habits and extended treatment services for civilly committed sex offenders consistent with 
80.24 	the requirements in section 246B.05. The industrial and commercial activities authorized 
80.25 	by this section are designated Minnesota State Industries and must be for the primary purpose 
80.26 	of sustaining and ensuring Minnesota State Industries' self-sufficiency, providing educational 
80.27 	training, meaningful employment, and the teaching of proper work habits to the individuals 
80.28 	in the Minnesota Sex Offender Program under this chapter, and not solely as competitive 
80.29 	business ventures.
80.30 	(b) The net profits from the vocational work program must be used for the benefit of 
80.31 	the civilly committed sex offenders as it relates to building education and self-sufficiency 
80.32 	skills. Prior to the establishment of any vocational activity, the commissioner of human 
80.33 	services executive board shall consult with stakeholders including representatives of business, 
81.1 	industry, organized labor, the commissioner of education, the state Apprenticeship Council, 
81.2 	the commissioner of labor and industry, the commissioner of employment and economic 
81.3 	development, the commissioner of administration, the commissioner of human services, 
81.4 	and other stakeholders the commissioner executive board deems qualified. The purpose of 
81.5 	the stakeholder consultation is to determine the quantity and nature of the goods, wares, 
81.6 	merchandise, and services to be made or provided, and the types of processes to be used in 
81.7 	their manufacture, processing, repair, and production consistent with the greatest opportunity 
81.8 	for the reform and educational training of the civilly committed sex offenders, and with the 
81.9 	best interests of the state, business, industry, and labor.
81.10 	(c) The commissioner of human services executive board shall, at all times in the conduct 
81.11 	of any vocational activity authorized by this section, utilize civilly committed sex offender 
81.12 	labor to the greatest extent feasible, provided that the commissioner executive board may 
81.13 	employ all administrative, supervisory, and other skilled workers necessary to the proper 
81.14 	instruction of the civilly committed sex offenders and the efficient operation of the vocational 
81.15 	activities authorized by this section.
81.16 	(d) The commissioner of human services executive board may authorize the director of 
81.17 	any Minnesota Sex Offender treatment Program facility under the commissioner's control 
81.18 	of the executive board to accept work projects from outside sources for processing, 
81.19 	fabrication, or repair, provided that preference is given to the performance of work projects 
81.20 	for state departments and agencies.

81.21 	Sec. 7. Minnesota Statutes 2022, section 246B.06, subdivision 2, is amended to read:
81.22 		Subd. 2.Revolving fund Vocational work program account. As described in section 
81.23 	246B.05, subdivision 2, there is established a vocational work program revolving fund under 
81.24 	the control of the commissioner of human services. The revolving fund vocational work 
81.25 	program account established under section 246B.05, subdivision 2, must be used for the 
81.26 	vocational work program authorized under this section, including, but not limited to, the 
81.27 	purchase of equipment and raw materials, the payment of salaries and wages, and other 
81.28 	necessary expenses as determined by the commissioner of human services executive board. 
81.29 	The purchase of services, materials, and commodities used in and held for resale are not 
81.30 	subject to the competitive bidding procedures of section 16C.06, but are subject to all other 
81.31 	provisions of chapters 16B and 16C. When practical, purchases must be made from small 
81.32 	targeted group businesses designated under section 16C.16. Additionally, the expenses of 
81.33 	client educational training and self-sufficiency skills may be financed from the revolving 
81.34 	fund vocational work program account in an amount to be determined by the commissioner
82.1 	executive board or designee. The proceeds and income from all vocational work program 
82.2 	activities conducted at the Minnesota Sex Offender treatment Program facilities must be 
82.3 	deposited in the revolving fund vocational work program account subject to disbursement 
82.4 	under subdivision 3. The commissioner of human services executive board may request 
82.5 	that money in the fund be invested pursuant to section 11A.25. Proceeds from the investment 
82.6 	not currently needed must be accounted for separately and credited to the revolving fund
82.7 	vocational work program account.

82.8 	Sec. 8. Minnesota Statutes 2022, section 246B.06, subdivision 3, is amended to read:
82.9 		Subd. 3.Disbursement from fund account. The vocational work program revolving 
82.10 	fund account must be deposited in the state treasury and paid out only on proper vouchers 
82.11 	as authorized and approved by the commissioner of human services executive board, and 
82.12 	in the same manner and under the same restrictions as are now provided by law for the 
82.13 	disbursement of funds by the commissioner executive board. An amount deposited in the 
82.14 	state treasury equal to six months of net operating cash as determined by the prior 12 months 
82.15 	of revenue and cash flow statements must be restricted for use only by the vocational work 
82.16 	program as described under subdivision 2. For purposes of this subdivision, "net operating 
82.17 	cash" means net income, minus sales, plus cost of goods sold. Cost of goods sold include 
82.18 	all direct costs of products attributable to the goods' production.

82.19 	Sec. 9. Minnesota Statutes 2022, section 246B.06, subdivision 4, is amended to read:
82.20 		Subd. 4.Revolving fund Vocational work program account; borrowing. The 
82.21 	commissioner of human services executive board is authorized to borrow sums of money 
82.22 	as the commissioner executive board deems necessary to meet current demands on the 
82.23 	vocational work program revolving fund account. The sums borrowed must not exceed, in 
82.24 	any calendar year, six months of net operating cash as determined by the previous 12 months 
82.25 	of the vocational program's revenue and cash flow statements. If the commissioner of human 
82.26 	services executive board determines that borrowing of funds is necessary, the commissioner 
82.27 	of human services executive board shall certify this need to the commissioner of management 
82.28 	and budget. Funds may be borrowed from general fund appropriations to the Minnesota 
82.29 	Sex Offender Program with the authorization of the commissioner of management and 
82.30 	budget. Upon authorization of the commissioner of management and budget, the transfer 
82.31 	must be made and credited to the vocational work program revolving fund account. The 
82.32 	sum transferred to the vocational work program revolving fund account must be repaid by 
82.33 	the commissioner of human services executive board from the revolving fund account to 
82.34 	the fund from which it was transferred in a time period specified by the commissioner of 
83.1 	management and budget, but by no later than the end of the biennium, as defined in section 
83.2 	16A.011, in which the loan is made. When any transfer is made to the vocational work 
83.3 	program revolving fund account, the commissioner of management and budget shall notify 
83.4 	the commissioner of human services executive board of the amount transferred to the fund
83.5 	account and the date the transfer is to be repaid.

83.6 	ARTICLE 8
83.7 	DEPARTMENT OF HUMAN SERVICES

83.8 	Section 1. [245.021] DEFINITIONS.
83.9 	(a) For the purposes of this chapter, the definitions in this section have the meanings 
83.10 	given them.
83.11 	(b) "Commissioner" means the commissioner of human services.
83.12 	(c) "Executive board" has the meaning given in section 246C.015.

83.13 	Sec. 2. Minnesota Statutes 2022, section 245.073, is amended to read:
83.14 	245.073 TECHNICAL TRAINING; COMMUNITY-BASED PROGRAMS.
83.15 	(a) In conjunction with the discharge of persons from regional treatment centers and 
83.16 	their admission to state-operated and privately operated community-based programs, the 
83.17 	commissioner may provide technical training assistance to the community-based programs. 
83.18 	The commissioner may apply for and accept money from any source including reimbursement 
83.19 	charges from the community-based programs for reasonable costs of training. Money 
83.20 	received must be deposited in the general fund and is appropriated annually to the 
83.21 	commissioner of human services for training under this section.
83.22 	(b) The commissioner must coordinate with the executive board to provide technical 
83.23 	training assistance to community-based programs under this section and section 245C.12, 
83.24 	subdivision 7.

83.25 	Sec. 3. Minnesota Statutes 2022, section 245.462, subdivision 22, is amended to read:
83.26 		Subd. 22.Regional treatment center inpatient services. "Regional treatment center 
83.27 	inpatient services" means the 24-hour-a-day comprehensive medical, nursing, or psychosocial 
83.28 	services provided in a regional treatment center operated by the state required to be provided 
83.29 	pursuant to section 245.474.

84.1 	Sec. 4. Minnesota Statutes 2022, section 245.462, subdivision 24, is amended to read:
84.2 		Subd. 24.Service provider. "Service provider" means either a county board or an 
84.3 	individual or agency including a regional treatment center entity under contract with the 
84.4 	county board that provides adult mental health services funded by sections 245.461 to 
84.5 	245.486. A contracting entity may be an individual, organization, or agency, including a 
84.6 	regional treatment center.

84.7 	Sec. 5. Minnesota Statutes 2022, section 245.464, subdivision 3, is amended to read:
84.8 		Subd. 3.Public-private partnerships. The commissioner may establish a mechanism 
84.9 	by which counties, the Department of Human Services, the Department of Direct Care and 
84.10 	Treatment, hospitals, health plans, consumers, providers, and others may enter into 
84.11 	agreements that allow for capacity building and oversight of any agreed-upon entity that is 
84.12 	developed through these partnerships. The purpose of these partnerships is the development 
84.13 	and provision of mental health services which would be more effective, efficient, and 
84.14 	accessible than services that might be provided separately by each partner.

84.15 	Sec. 6. Minnesota Statutes 2022, section 245.466, subdivision 1, is amended to read:
84.16 		Subdivision 1.Development of services. The county board in each county is responsible 
84.17 	for using all available resources to develop and coordinate a system of locally available and 
84.18 	affordable adult mental health services. The county board may provide some or all of the 
84.19 	mental health services and activities specified in subdivision 2 directly through a county 
84.20 	agency or under contracts with other individuals or agencies. A county or counties may 
84.21 	enter into an agreement with a regional treatment center under section 246.57 or with any 
84.22 	state facility or program as defined in section 246.50, subdivision 3, under the control of 
84.23 	the direct care and treatment executive board to enable the county or counties to provide 
84.24 	the treatment services in subdivision 2. Services provided through an agreement between 
84.25 	a county and a regional treatment center must meet the same requirements as services from 
84.26 	other service providers.

84.27 	Sec. 7. Minnesota Statutes 2023 Supplement, section 245.4661, subdivision 2, is amended 
84.28 	to read:
84.29 		Subd. 2.Program design and implementation.  Adult mental health initiatives shall 
84.30 	be responsible for designing, planning, improving, and maintaining a mental health service 
84.31 	delivery system for adults with serious and persistent mental illness that would:
85.1 	(1) provide an expanded array of services from which clients can choose services 
85.2 	appropriate to their needs;
85.3 	(2) be based on purchasing strategies that improve access and coordinate services without 
85.4 	cost shifting;
85.5 	(3) prioritize evidence-based services and implement services that are promising practices 
85.6 	or theory-based practices so that the service can be evaluated according to subdivision 5a;
85.7 	(4) incorporate existing state facilities and resources into the community mental health 
85.8 	infrastructure through creative partnerships with local vendors; and
85.9 	(5) utilize existing categorical funding streams and reimbursement sources in combined 
85.10 	and creative ways, except appropriations to regional treatment centers and all funds that are 
85.11 	attributable to the operation of state-operated services under the control of the direct care 
85.12 	and treatment executive board are excluded unless appropriated specifically by the legislature 
85.13 	for a purpose consistent with this section.

85.14 	Sec. 8. Minnesota Statutes 2023 Supplement, section 245.4661, subdivision 6, is amended 
85.15 	to read:
85.16 		Subd. 6.Duties of commissioner. (a) For purposes of adult mental health initiatives, 
85.17 	the commissioner shall facilitate integration of funds or other resources as needed and 
85.18 	requested by each adult mental health initiative. These resources may include:
85.19 	(1) community support services funds administered under Minnesota Rules, parts 
85.20 	9535.1700 to 9535.1760;
85.21 	(2) other mental health special project funds;
85.22 	(3) medical assistance, MinnesotaCare, and housing support under chapter 256I if 
85.23 	requested by the adult mental health initiative's managing entity and if the commissioner 
85.24 	determines this would be consistent with the state's overall health care reform efforts; and
85.25 	(4) regional treatment center resources, with consent from the direct care and treatment 
85.26 	executive board.
85.27 	(b) The commissioner shall consider the following criteria in awarding grants for adult 
85.28 	mental health initiatives:
85.29 	(1) the ability of the initiatives to accomplish the objectives described in subdivision 2;
85.30 	(2) the size of the target population to be served; and
85.31 	(3) geographical distribution.
86.1 	(c) The commissioner shall review overall status of the initiatives at least every two 
86.2 	years and recommend any legislative changes needed by January 15 of each odd-numbered 
86.3 	year.
86.4 	(d) The commissioner may waive administrative rule requirements that are incompatible 
86.5 	with the implementation of the adult mental health initiative.
86.6 	(e) The commissioner may exempt the participating counties from fiscal sanctions for 
86.7 	noncompliance with requirements in laws and rules that are incompatible with the 
86.8 	implementation of the adult mental health initiative.
86.9 	(f) The commissioner may award grants to an entity designated by a county board or 
86.10 	group of county boards to pay for start-up and implementation costs of the adult mental 
86.11 	health initiative.

86.12 	Sec. 9. Minnesota Statutes 2022, section 245.4862, subdivision 7, is amended to read:
86.13 		Subd. 7.Flexible implementation. To implement this section, the commissioner shall 
86.14 	select the structure and funding method that is the most cost-effective for each county or 
86.15 	group of counties. This may include grants, contracts, direct provision by state-operated 
86.16 	services, service agreements with the direct care and treatment executive board, and 
86.17 	public-private partnerships. Where feasible, the commissioner shall make any grants under 
86.18 	this section a part of the integrated adult mental health initiative grants under section 
86.19 	245.4661.

86.20 	Sec. 10. Minnesota Statutes 2022, section 245.4871, subdivision 33, is amended to read:
86.21 		Subd. 33.Service provider. "Service provider" means either a county board or an 
86.22 	individual or agency including a regional treatment center entity under contract with the 
86.23 	county board that provides children's mental health services funded under sections 245.487
86.24 	to 245.4889. A contracting entity may be an individual, organization, or agency, including 
86.25 	a regional treatment center.

86.26 	Sec. 11. Minnesota Statutes 2022, section 245.696, subdivision 1, is amended to read:
86.27 		Subdivision 1.Mental Behavioral Health Division. A Mental Behavioral Health 
86.28 	Division is created in the Department of Human Services. The division shall enforce and 
86.29 	coordinate the laws administered by the commissioner of human services, relating to mental 
86.30 	illness, which the commissioner assigns to the division. The Mental Behavioral Health 
86.31 	Division shall be under the supervision of an assistant commissioner of mental behavioral
86.32 	health appointed by the commissioner. The commissioner, working with the assistant 
87.1 	commissioner of mental behavioral health, shall oversee and coordinate services to people 
87.2 	with mental illness in both community programs and regional treatment centers throughout 
87.3 	the state.

87.4 	Sec. 12. Minnesota Statutes 2022, section 245.697, subdivision 1, is amended to read:
87.5 		Subdivision 1.Creation. (a) A State Advisory Council on Mental Health is created. The 
87.6 	council must have members appointed by the governor in accordance with federal 
87.7 	requirements. In making the appointments, the governor shall consider appropriate 
87.8 	representation of communities of color. The council must be composed of:
87.9 	(1) the assistant commissioner of the Department of Human Services who oversees 
87.10 	behavioral health policy;
87.11 	(2) a representative of the Department of Human Services responsible for the medical 
87.12 	assistance program;
87.13 	(3) a representative of the Department of Direct Care and Treatment;
87.14 	(3) (4) a representative of the Department of Health;
87.15 	(4) (5) one member of each of the following professions:
87.16 	(i) psychiatry;
87.17 	(ii) psychology;
87.18 	(iii) social work;
87.19 	(iv) nursing;
87.20 	(v) marriage and family therapy; and
87.21 	(vi) professional clinical counseling;
87.22 	(5) (6) one representative from each of the following advocacy groups: Mental Health 
87.23 	Association of Minnesota, NAMI-MN, Minnesota Disability Law Center, American Indian 
87.24 	Mental Health Advisory Council, and a consumer-run mental health advocacy group;
87.25 	(6) (7) providers of mental health services;
87.26 	(7) (8) consumers of mental health services;
87.27 	(8) (9) family members of persons with mental illnesses;
87.28 	(9) (10) legislators;
87.29 	(10) (11) social service agency directors;
88.1 	(11) (12) county commissioners; and
88.2 	(12) (13) other members reflecting a broad range of community interests, including 
88.3 	family physicians, or members as the United States Secretary of Health and Human Services 
88.4 	may prescribe by regulation or as may be selected by the governor.
88.5 	(b) The council shall select a chair. Terms, compensation, and removal of members and 
88.6 	filling of vacancies are governed by section 15.059. Notwithstanding provisions of section 
88.7 	15.059, the council and its subcommittee on children's mental health do not expire. The 
88.8 	commissioner of human services shall provide staff support and supplies to the council.

88.9 	Sec. 13. Minnesota Statutes 2022, section 245.697, subdivision 2a, is amended to read:
88.10 		Subd. 2a.Subcommittee on Children's Mental Health. The State Advisory Council 
88.11 	on Mental Health (the "advisory council") must have a Subcommittee on Children's Mental 
88.12 	Health. The subcommittee must make recommendations to the advisory council on policies, 
88.13 	laws, regulations, and services relating to children's mental health. Members of the 
88.14 	subcommittee must include:
88.15 	(1) the commissioners or designees of the commissioners of the Departments of Human 
88.16 	Services, Health, Education, State Planning, and Corrections;
88.17 	(2) a designee of the direct care and treatment executive board;
88.18 	(2) (3) the commissioner of commerce or a designee of the commissioner who is 
88.19 	knowledgeable about medical insurance issues;
88.20 	(3) (4) at least one representative of an advocacy group for children with emotional 
88.21 	disturbances;
88.22 	(4) (5) providers of children's mental health services, including at least one provider of 
88.23 	services to preadolescent children, one provider of services to adolescents, and one 
88.24 	hospital-based provider;
88.25 	(5) (6) parents of children who have emotional disturbances;
88.26 	(6) (7) a present or former consumer of adolescent mental health services;
88.27 	(7) (8) educators currently working with emotionally disturbed children;
88.28 	(8) (9) people knowledgeable about the needs of emotionally disturbed children of 
88.29 	minority races and cultures;
88.30 	(9) (10) people experienced in working with emotionally disturbed children who have 
88.31 	committed status offenses;
89.1 	(10) (11) members of the advisory council;
89.2 	(11) (12) one person from the local corrections department and one representative of 
89.3 	the Minnesota District Judges Association Juvenile Committee; and
89.4 	(12) (13) county commissioners and social services agency representatives.
89.5 	The chair of the advisory council shall appoint subcommittee members described in 
89.6 	clauses (3) (4) to (11) (12) through the process established in section 15.0597. The chair 
89.7 	shall appoint members to ensure a geographical balance on the subcommittee. Terms, 
89.8 	compensation, removal, and filling of vacancies are governed by subdivision 1, except that 
89.9 	terms of subcommittee members who are also members of the advisory council are 
89.10 	coterminous with their terms on the advisory council. The subcommittee shall meet at the 
89.11 	call of the subcommittee chair who is elected by the subcommittee from among its members. 
89.12 	The subcommittee expires with the expiration of the advisory council.

89.13 	Sec. 14. Minnesota Statutes 2022, section 245.91, subdivision 2, is amended to read:
89.14 		Subd. 2.Agency. "Agency" means the divisions, officials, or employees of the state 
89.15 	Departments of Human Services, Direct Care and Treatment, Health, and Education, and 
89.16 	of local school districts and designated county social service agencies as defined in section 
89.17 	256G.02, subdivision 7, that are engaged in monitoring, providing, or regulating services 
89.18 	or treatment for mental illness, developmental disability, substance use disorder, or emotional 
89.19 	disturbance.

89.20 	Sec. 15. Minnesota Statutes 2022, section 245.94, subdivision 1, is amended to read:
89.21 		Subdivision 1.Powers. (a) The ombudsman may prescribe the methods by which 
89.22 	complaints to the office are to be made, reviewed, and acted upon. The ombudsman may 
89.23 	not levy a complaint fee.
89.24 	(b) The ombudsman is a health oversight agency as defined in Code of Federal 
89.25 	Regulations, title 45, section 164.501. The ombudsman may access patient records according 
89.26 	to Code of Federal Regulations, title 42, section 2.53. For purposes of this paragraph, 
89.27 	"records" has the meaning given in Code of Federal Regulations, title 42, section 
89.28 	2.53(a)(1)(i).
89.29 	(c) The ombudsman may mediate or advocate on behalf of a client.
89.30 	(d) The ombudsman may investigate the quality of services provided to clients and 
89.31 	determine the extent to which quality assurance mechanisms within state and county 
89.32 	government work to promote the health, safety, and welfare of clients.
90.1 	(e) At the request of a client, or upon receiving a complaint or other information affording 
90.2 	reasonable grounds to believe that the rights of one or more clients who may not be capable 
90.3 	of requesting assistance have been adversely affected, the ombudsman may gather 
90.4 	information and data about and analyze, on behalf of the client, the actions of an agency, 
90.5 	facility, or program.
90.6 	(f) The ombudsman may gather, on behalf of one or more clients, records of an agency, 
90.7 	facility, or program, or records related to clinical drug trials from the University of Minnesota 
90.8 	Department of Psychiatry, if the records relate to a matter that is within the scope of the 
90.9 	ombudsman's authority. If the records are private and the client is capable of providing 
90.10 	consent, the ombudsman shall first obtain the client's consent. The ombudsman is not 
90.11 	required to obtain consent for access to private data on clients with developmental disabilities 
90.12 	and individuals served by the Minnesota Sex Offender Program. The ombudsman may also 
90.13 	take photographic or videographic evidence while reviewing the actions of an agency, 
90.14 	facility, or program, with the consent of the client. The ombudsman is not required to obtain 
90.15 	consent for access to private data on decedents who were receiving services for mental 
90.16 	illness, developmental disability, substance use disorder, or emotional disturbance. All data 
90.17 	collected, created, received, or maintained by the ombudsman are governed by chapter 13 
90.18 	and other applicable law.
90.19 	(g) Notwithstanding any law to the contrary, the ombudsman may subpoena a person 
90.20 	to appear, give testimony, or produce documents or other evidence that the ombudsman 
90.21 	considers relevant to a matter under inquiry. The ombudsman may petition the appropriate 
90.22 	court in Ramsey County to enforce the subpoena. A witness who is at a hearing or is part 
90.23 	of an investigation possesses the same privileges that a witness possesses in the courts or 
90.24 	under the law of this state. Data obtained from a person under this paragraph are private 
90.25 	data as defined in section 13.02, subdivision 12.
90.26 	(h) The ombudsman may, at reasonable times in the course of conducting a review, enter 
90.27 	and view premises within the control of an agency, facility, or program.
90.28 	(i) The ombudsman may attend Department of Human Services Direct Care and Treatment
90.29 	Review Board and Special Review Board proceedings; proceedings regarding the transfer 
90.30 	of clients, as defined in section 246.50, subdivision 4, between institutions operated by the 
90.31 	Department of Human Services direct care and treatment executive board; and, subject to 
90.32 	the consent of the affected client, other proceedings affecting the rights of clients. The 
90.33 	ombudsman is not required to obtain consent to attend meetings or proceedings and have 
90.34 	access to private data on clients with developmental disabilities and individuals served by 
90.35 	the Minnesota Sex Offender Program.
91.1 	(j) The ombudsman shall gather data of agencies, facilities, or programs classified as 
91.2 	private or confidential as defined in section 13.02, subdivisions 3 and 12, regarding services 
91.3 	provided to clients with developmental disabilities and individuals served by the Minnesota 
91.4 	Sex Offender Program.
91.5 	(k) To avoid duplication and preserve evidence, the ombudsman shall inform relevant 
91.6 	licensing or regulatory officials before undertaking a review of an action of the facility or 
91.7 	program.
91.8 	(l) The Office of Ombudsman shall provide the services of the Civil Commitment 
91.9 	Training and Resource Center.
91.10 	(m) The ombudsman shall monitor the treatment of individuals participating in a 
91.11 	University of Minnesota Department of Psychiatry clinical drug trial and ensure that all 
91.12 	protections for human subjects required by federal law and the Institutional Review Board 
91.13 	are provided.
91.14 	(n) Sections 245.91 to 245.97 are in addition to other provisions of law under which any 
91.15 	other remedy or right is provided.

91.16 	Sec. 16. Minnesota Statutes 2022, section 256.01, subdivision 2, is amended to read:
91.17 		Subd. 2.Specific powers. Subject to the provisions of section 241.021, subdivision 2, 
91.18 	the commissioner of human services shall carry out the specific duties in paragraphs (a) 
91.19 	through (bb):
91.20 	(a) Administer and supervise all forms of public assistance provided for by state law 
91.21 	and other welfare activities or services as are vested in the commissioner. Administration 
91.22 	and supervision of human services activities or services includes, but is not limited to, 
91.23 	assuring timely and accurate distribution of benefits, completeness of service, and quality 
91.24 	program management. In addition to administering and supervising human services activities 
91.25 	vested by law in the department, the commissioner shall have the authority to:
91.26 	(1) require county agency participation in training and technical assistance programs to 
91.27 	promote compliance with statutes, rules, federal laws, regulations, and policies governing 
91.28 	human services;
91.29 	(2) monitor, on an ongoing basis, the performance of county agencies in the operation 
91.30 	and administration of human services, enforce compliance with statutes, rules, federal laws, 
91.31 	regulations, and policies governing welfare services and promote excellence of administration 
91.32 	and program operation;
92.1 	(3) develop a quality control program or other monitoring program to review county 
92.2 	performance and accuracy of benefit determinations;
92.3 	(4) require county agencies to make an adjustment to the public assistance benefits issued 
92.4 	to any individual consistent with federal law and regulation and state law and rule and to 
92.5 	issue or recover benefits as appropriate;
92.6 	(5) delay or deny payment of all or part of the state and federal share of benefits and 
92.7 	administrative reimbursement according to the procedures set forth in section 256.017;
92.8 	(6) make contracts with and grants to public and private agencies and organizations, 
92.9 	both profit and nonprofit, and individuals, using appropriated funds; and
92.10 	(7) enter into contractual agreements with federally recognized Indian tribes with a 
92.11 	reservation in Minnesota to the extent necessary for the tribe to operate a federally approved 
92.12 	family assistance program or any other program under the supervision of the commissioner. 
92.13 	The commissioner shall consult with the affected county or counties in the contractual 
92.14 	agreement negotiations, if the county or counties wish to be included, in order to avoid the 
92.15 	duplication of county and tribal assistance program services. The commissioner may establish 
92.16 	necessary accounts for the purposes of receiving and disbursing funds as necessary for the 
92.17 	operation of the programs.
92.18 	(b) Inform county agencies, on a timely basis, of changes in statute, rule, federal law, 
92.19 	regulation, and policy necessary to county agency administration of the programs.
92.20 	(c) Administer and supervise all child welfare activities; promote the enforcement of 
92.21 	laws protecting children with a disability and children who are dependent, neglected, or 
92.22 	delinquent, and children born to mothers who were not married to the children's fathers at 
92.23 	the times of the conception nor at the births of the children; license and supervise child-caring 
92.24 	and child-placing agencies and institutions; supervise the care of children in boarding and 
92.25 	foster homes or in private institutions; and generally perform all functions relating to the 
92.26 	field of child welfare now vested in the State Board of Control.
92.27 	(d) Administer and supervise all noninstitutional service to persons with disabilities, 
92.28 	including persons who have vision impairments, and persons who are deaf, deafblind, and 
92.29 	hard-of-hearing or with other disabilities. The commissioner may provide and contract for 
92.30 	the care and treatment of qualified indigent children in facilities other than those located 
92.31 	and available at state hospitals when it is not feasible to provide the service in state hospitals.
93.1 	(e) Assist and actively cooperate with other departments, agencies and institutions, local, 
93.2 	state, and federal, by performing services in conformity with the purposes of Laws 1939, 
93.3 	chapter 431.
93.4 	(f) Act as the agent of and cooperate with the federal government in matters of mutual 
93.5 	concern relative to and in conformity with the provisions of Laws 1939, chapter 431, 
93.6 	including the administration of any federal funds granted to the state to aid in the performance 
93.7 	of any functions of the commissioner as specified in Laws 1939, chapter 431, and including 
93.8 	the promulgation of rules making uniformly available medical care benefits to all recipients 
93.9 	of public assistance, at such times as the federal government increases its participation in 
93.10 	assistance expenditures for medical care to recipients of public assistance, the cost thereof 
93.11 	to be borne in the same proportion as are grants of aid to said recipients.
93.12 	(g) Establish and maintain any administrative units reasonably necessary for the 
93.13 	performance of administrative functions common to all divisions of the department.
93.14 	(h) Act as designated guardian of both the estate and the person of all the wards of the 
93.15 	state of Minnesota, whether by operation of law or by an order of court, without any further 
93.16 	act or proceeding whatever, except as to persons committed as developmentally disabled. 
93.17 	For children under the guardianship of the commissioner or a tribe in Minnesota recognized 
93.18 	by the Secretary of the Interior whose interests would be best served by adoptive placement, 
93.19 	the commissioner may contract with a licensed child-placing agency or a Minnesota tribal 
93.20 	social services agency to provide adoption services. A contract with a licensed child-placing 
93.21 	agency must be designed to supplement existing county efforts and may not replace existing 
93.22 	county programs or tribal social services, unless the replacement is agreed to by the county 
93.23 	board and the appropriate exclusive bargaining representative, tribal governing body, or the 
93.24 	commissioner has evidence that child placements of the county continue to be substantially 
93.25 	below that of other counties. Funds encumbered and obligated under an agreement for a 
93.26 	specific child shall remain available until the terms of the agreement are fulfilled or the 
93.27 	agreement is terminated.
93.28 	(i) Act as coordinating referral and informational center on requests for service for newly 
93.29 	arrived immigrants coming to Minnesota.
93.30 	(j) The specific enumeration of powers and duties as hereinabove set forth shall in no 
93.31 	way be construed to be a limitation upon the general transfer of powers herein contained.
93.32 	(k) Establish county, regional, or statewide schedules of maximum fees and charges 
93.33 	which may be paid by county agencies for medical, dental, surgical, hospital, nursing and 
94.1 	nursing home care and medicine and medical supplies under all programs of medical care 
94.2 	provided by the state and for congregate living care under the income maintenance programs.
94.3 	(l) Have the authority to conduct and administer experimental projects to test methods 
94.4 	and procedures of administering assistance and services to recipients or potential recipients 
94.5 	of public welfare. To carry out such experimental projects, it is further provided that the 
94.6 	commissioner of human services is authorized to waive the enforcement of existing specific 
94.7 	statutory program requirements, rules, and standards in one or more counties. The order 
94.8 	establishing the waiver shall provide alternative methods and procedures of administration, 
94.9 	shall not be in conflict with the basic purposes, coverage, or benefits provided by law, and 
94.10 	in no event shall the duration of a project exceed four years. It is further provided that no 
94.11 	order establishing an experimental project as authorized by the provisions of this section 
94.12 	shall become effective until the following conditions have been met:
94.13 	(1) the secretary of health and human services of the United States has agreed, for the 
94.14 	same project, to waive state plan requirements relative to statewide uniformity; and
94.15 	(2) a comprehensive plan, including estimated project costs, shall be approved by the 
94.16 	Legislative Advisory Commission and filed with the commissioner of administration.
94.17 	(m) According to federal requirements, establish procedures to be followed by local 
94.18 	welfare boards in creating citizen advisory committees, including procedures for selection 
94.19 	of committee members.
94.20 	(n) Allocate federal fiscal disallowances or sanctions which are based on quality control 
94.21 	error rates for the aid to families with dependent children program formerly codified in 
94.22 	sections 256.72 to 256.87, medical assistance, or the Supplemental Nutrition Assistance 
94.23 	Program (SNAP) in the following manner:
94.24 	(1) one-half of the total amount of the disallowance shall be borne by the county boards 
94.25 	responsible for administering the programs. For the medical assistance and the AFDC 
94.26 	program formerly codified in sections 256.72 to 256.87, disallowances shall be shared by 
94.27 	each county board in the same proportion as that county's expenditures for the sanctioned 
94.28 	program are to the total of all counties' expenditures for the AFDC program formerly codified 
94.29 	in sections 256.72 to 256.87, and medical assistance programs. For SNAP, sanctions shall 
94.30 	be shared by each county board, with 50 percent of the sanction being distributed to each 
94.31 	county in the same proportion as that county's administrative costs for SNAP benefits are 
94.32 	to the total of all SNAP administrative costs for all counties, and 50 percent of the sanctions 
94.33 	being distributed to each county in the same proportion as that county's value of SNAP 
94.34 	benefits issued are to the total of all benefits issued for all counties. Each county shall pay 
95.1 	its share of the disallowance to the state of Minnesota. When a county fails to pay the amount 
95.2 	due hereunder, the commissioner may deduct the amount from reimbursement otherwise 
95.3 	due the county, or the attorney general, upon the request of the commissioner, may institute 
95.4 	civil action to recover the amount due; and
95.5 	(2) notwithstanding the provisions of clause (1), if the disallowance results from knowing 
95.6 	noncompliance by one or more counties with a specific program instruction, and that knowing 
95.7 	noncompliance is a matter of official county board record, the commissioner may require 
95.8 	payment or recover from the county or counties, in the manner prescribed in clause (1), an 
95.9 	amount equal to the portion of the total disallowance which resulted from the noncompliance, 
95.10 	and may distribute the balance of the disallowance according to clause (1).
95.11 	(o) Develop and implement special projects that maximize reimbursements and result 
95.12 	in the recovery of money to the state. For the purpose of recovering state money, the 
95.13 	commissioner may enter into contracts with third parties. Any recoveries that result from 
95.14 	projects or contracts entered into under this paragraph shall be deposited in the state treasury 
95.15 	and credited to a special account until the balance in the account reaches $1,000,000. When 
95.16 	the balance in the account exceeds $1,000,000, the excess shall be transferred and credited 
95.17 	to the general fund. All money in the account is appropriated to the commissioner for the 
95.18 	purposes of this paragraph.
95.19 	(p) Have the authority to establish and enforce the following county reporting 
95.20 	requirements:
95.21 	(1) the commissioner shall establish fiscal and statistical reporting requirements necessary 
95.22 	to account for the expenditure of funds allocated to counties for human services programs. 
95.23 	When establishing financial and statistical reporting requirements, the commissioner shall 
95.24 	evaluate all reports, in consultation with the counties, to determine if the reports can be 
95.25 	simplified or the number of reports can be reduced;
95.26 	(2) the county board shall submit monthly or quarterly reports to the department as 
95.27 	required by the commissioner. Monthly reports are due no later than 15 working days after 
95.28 	the end of the month. Quarterly reports are due no later than 30 calendar days after the end 
95.29 	of the quarter, unless the commissioner determines that the deadline must be shortened to 
95.30 	20 calendar days to avoid jeopardizing compliance with federal deadlines or risking a loss 
95.31 	of federal funding. Only reports that are complete, legible, and in the required format shall 
95.32 	be accepted by the commissioner;
95.33 	(3) if the required reports are not received by the deadlines established in clause (2), the 
95.34 	commissioner may delay payments and withhold funds from the county board until the next 
96.1 	reporting period. When the report is needed to account for the use of federal funds and the 
96.2 	late report results in a reduction in federal funding, the commissioner shall withhold from 
96.3 	the county boards with late reports an amount equal to the reduction in federal funding until 
96.4 	full federal funding is received;
96.5 	(4) a county board that submits reports that are late, illegible, incomplete, or not in the 
96.6 	required format for two out of three consecutive reporting periods is considered 
96.7 	noncompliant. When a county board is found to be noncompliant, the commissioner shall 
96.8 	notify the county board of the reason the county board is considered noncompliant and 
96.9 	request that the county board develop a corrective action plan stating how the county board 
96.10 	plans to correct the problem. The corrective action plan must be submitted to the 
96.11 	commissioner within 45 days after the date the county board received notice of 
96.12 	noncompliance;
96.13 	(5) the final deadline for fiscal reports or amendments to fiscal reports is one year after 
96.14 	the date the report was originally due. If the commissioner does not receive a report by the 
96.15 	final deadline, the county board forfeits the funding associated with the report for that 
96.16 	reporting period and the county board must repay any funds associated with the report 
96.17 	received for that reporting period;
96.18 	(6) the commissioner may not delay payments, withhold funds, or require repayment 
96.19 	under clause (3) or (5) if the county demonstrates that the commissioner failed to provide 
96.20 	appropriate forms, guidelines, and technical assistance to enable the county to comply with 
96.21 	the requirements. If the county board disagrees with an action taken by the commissioner 
96.22 	under clause (3) or (5), the county board may appeal the action according to sections 14.57
96.23 	to 14.69; and
96.24 	(7) counties subject to withholding of funds under clause (3) or forfeiture or repayment 
96.25 	of funds under clause (5) shall not reduce or withhold benefits or services to clients to cover 
96.26 	costs incurred due to actions taken by the commissioner under clause (3) or (5).
96.27 	(q) Allocate federal fiscal disallowances or sanctions for audit exceptions when federal 
96.28 	fiscal disallowances or sanctions are based on a statewide random sample in direct proportion 
96.29 	to each county's claim for that period.
96.30 	(r) Be responsible for ensuring the detection, prevention, investigation, and resolution 
96.31 	of fraudulent activities or behavior by applicants, recipients, and other participants in the 
96.32 	human services programs administered by the department.
97.1 	(s) Require county agencies to identify overpayments, establish claims, and utilize all 
97.2 	available and cost-beneficial methodologies to collect and recover these overpayments in 
97.3 	the human services programs administered by the department.
97.4 	(t) Have the authority to administer the federal drug rebate program for drugs purchased 
97.5 	under the medical assistance program as allowed by section 1927 of title XIX of the Social 
97.6 	Security Act and according to the terms and conditions of section 1927. Rebates shall be 
97.7 	collected for all drugs that have been dispensed or administered in an outpatient setting and 
97.8 	that are from manufacturers who have signed a rebate agreement with the United States 
97.9 	Department of Health and Human Services.
97.10 	(u) Have the authority to administer a supplemental drug rebate program for drugs 
97.11 	purchased under the medical assistance program. The commissioner may enter into 
97.12 	supplemental rebate contracts with pharmaceutical manufacturers and may require prior 
97.13 	authorization for drugs that are from manufacturers that have not signed a supplemental 
97.14 	rebate contract. Prior authorization of drugs shall be subject to the provisions of section 
97.15 	256B.0625, subdivision 13.
97.16 	(v) Operate the department's communication systems account established in Laws 1993, 
97.17 	First Special Session chapter 1, article 1, section 2, subdivision 2, to manage shared 
97.18 	communication costs necessary for the operation of the programs the commissioner 
97.19 	supervises. A communications account may also be established for each regional treatment 
97.20 	center which operates communications systems. Each account must be used to manage 
97.21 	shared communication costs necessary for the operations of the programs the commissioner 
97.22 	supervises. The commissioner may distribute the costs of operating and maintaining 
97.23 	communication systems to participants in a manner that reflects actual usage. Costs may 
97.24 	include acquisition, licensing, insurance, maintenance, repair, staff time and other costs as 
97.25 	determined by the commissioner. Nonprofit organizations and state, county, and local 
97.26 	government agencies involved in the operation of programs the commissioner supervises 
97.27 	may participate in the use of the department's communications technology and share in the 
97.28 	cost of operation. The commissioner may accept on behalf of the state any gift, bequest, 
97.29 	devise or personal property of any kind, or money tendered to the state for any lawful 
97.30 	purpose pertaining to the communication activities of the department. Any money received 
97.31 	for this purpose must be deposited in the department's communication systems accounts. 
97.32 	Money collected by the commissioner for the use of communication systems must be 
97.33 	deposited in the state communication systems account and is appropriated to the 
97.34 	commissioner for purposes of this section.
98.1 	(w) Receive any federal matching money that is made available through the medical 
98.2 	assistance program for the consumer satisfaction survey. Any federal money received for 
98.3 	the survey is appropriated to the commissioner for this purpose. The commissioner may 
98.4 	expend the federal money received for the consumer satisfaction survey in either year of 
98.5 	the biennium.
98.6 	(x) Designate community information and referral call centers and incorporate cost 
98.7 	reimbursement claims from the designated community information and referral call centers 
98.8 	into the federal cost reimbursement claiming processes of the department according to 
98.9 	federal law, rule, and regulations. Existing information and referral centers provided by 
98.10 	Greater Twin Cities United Way or existing call centers for which Greater Twin Cities 
98.11 	United Way has legal authority to represent, shall be included in these designations upon 
98.12 	review by the commissioner and assurance that these services are accredited and in 
98.13 	compliance with national standards. Any reimbursement is appropriated to the commissioner 
98.14 	and all designated information and referral centers shall receive payments according to 
98.15 	normal department schedules established by the commissioner upon final approval of 
98.16 	allocation methodologies from the United States Department of Health and Human Services 
98.17 	Division of Cost Allocation or other appropriate authorities.
98.18 	(y) Develop recommended standards for foster care homes that address the components 
98.19 	of specialized therapeutic services to be provided by foster care homes with those services.
98.20 	(z) Authorize the method of payment to or from the department as part of the human 
98.21 	services programs administered by the department. This authorization includes the receipt 
98.22 	or disbursement of funds held by the department in a fiduciary capacity as part of the human 
98.23 	services programs administered by the department.
98.24 	(aa) Designate the agencies that operate the Senior LinkAge Line under section 256.975, 
98.25 	subdivision 7, and the Disability Hub under subdivision 24 as the state of Minnesota Aging 
98.26 	and Disability Resource Center under United States Code, title 42, section 3001, the Older 
98.27 	Americans Act Amendments of 2006, and incorporate cost reimbursement claims from the 
98.28 	designated centers into the federal cost reimbursement claiming processes of the department 
98.29 	according to federal law, rule, and regulations. Any reimbursement must be appropriated 
98.30 	to the commissioner and treated consistent with section 256.011. All Aging and Disability 
98.31 	Resource Center designated agencies shall receive payments of grant funding that supports 
98.32 	the activity and generates the federal financial participation according to Board on Aging 
98.33 	administrative granting mechanisms.

99.1 	ARTICLE 9
99.2 	CONFORMING CHANGES

99.3 	Section 1. Minnesota Statutes 2022, section 13.46, subdivision 1, is amended to read:
99.4 		Subdivision 1.Definitions. As used in this section:
99.5 	(a) "Individual" means an individual according to section 13.02, subdivision 8, but does 
99.6 	not include a vendor of services.
99.7 	(b) "Program" includes all programs for which authority is vested in a component of the 
99.8 	welfare system according to statute or federal law, including, but not limited to, Native 
99.9 	American tribe programs that provide a service component of the welfare system, the aid 
99.10 	to families with dependent children program formerly codified in sections 256.72 to 256.87,
99.11 	Minnesota family investment program, the temporary assistance for needy families program, 
99.12 	medical assistance, general assistance, general assistance medical care formerly codified in 
99.13 	chapter 256D, the child care assistance program, and child support collections.
99.14 	(c) "Welfare system" includes the Department Departments of Human Services and 
99.15 	Direct Care and Treatment, local social services agencies, county welfare agencies, county 
99.16 	public health agencies, county veteran services agencies, county housing agencies, private 
99.17 	licensing agencies, the public authority responsible for child support enforcement, human 
99.18 	services boards, community mental health center boards, state hospitals, state nursing homes, 
99.19 	the ombudsman for mental health and developmental disabilities, Native American tribes 
99.20 	to the extent a tribe provides a service component of the welfare system, and persons, 
99.21 	agencies, institutions, organizations, and other entities under contract to any of the above 
99.22 	agencies to the extent specified in the contract.
99.23 	(d) "Mental health data" means data on individual clients and patients of community 
99.24 	mental health centers, established under section 245.62, mental health divisions of counties 
99.25 	and other providers under contract to deliver mental health services, Department of Direct 
99.26 	Care and Treatment mental health services, or the ombudsman for mental health and 
99.27 	developmental disabilities.
99.28 	(e) "Fugitive felon" means a person who has been convicted of a felony and who has 
99.29 	escaped from confinement or violated the terms of probation or parole for that offense.
99.30 	(f) "Private licensing agency" means an agency licensed by the commissioner of human 
99.31 	services under chapter 245A to perform the duties under section 245A.16.

100.1 	Sec. 2. Minnesota Statutes 2022, section 13.46, subdivision 10, is amended to read:
100.2 		Subd. 10.Responsible authority. (a) Notwithstanding any other provision of this chapter 
100.3 	to the contrary, the responsible authority for each component of the welfare system listed 
100.4 	in subdivision 1, clause (c), shall be as follows:
100.5 	(1) the responsible authority for the Department of Human Services, state hospitals, and 
100.6 	nursing homes is the commissioner of the Department of human services;
100.7 	(2) the responsible authority of a county welfare agency is the director of the county 
100.8 	welfare agency;
100.9 	(3) the responsible authority for a local social services agency, human services board, 
100.10 	or community mental health center board is the chair of the board;
100.11 	(4) the responsible authority of any person, agency, institution, organization, or other 
100.12 	entity under contract to any of the components of the welfare system listed in subdivision 
100.13 	1, clause (c), is the person specified in the contract;
100.14 	(5) the responsible authority of the public authority for child support enforcement is the 
100.15 	head of the public authority for child support enforcement; and
100.16 	(6) the responsible authority for county veteran services is the county veterans service 
100.17 	officer pursuant to section 197.603, subdivision 2.; and
100.18 	(7) the responsible authority for the Department of Direct Care and Treatment  is the 
100.19 	direct care and treatment executive board.
100.20 	(b) A responsible authority shall allow another responsible authority in the welfare 
100.21 	system access to data classified as not public data when access is necessary for the 
100.22 	administration and management of programs, or as authorized or required by statute or 
100.23 	federal law.

100.24 	Sec. 3. Minnesota Statutes 2022, section 43A.241, is amended to read:
100.25 	43A.241 INSURANCE CONTRIBUTIONS; FORMER EMPLOYEES.
100.26 	(a) This section applies to a person who:
100.27 	(1) was employed by the commissioner of the Department of corrections or by the 
100.28 	Department, the commissioner of human services, or the direct care and treatment executive 
100.29 	board;
101.1 	(2) was covered by the correctional employee retirement plan under section 352.91 or 
101.2 	the general state employees retirement plan of the Minnesota State Retirement System as 
101.3 	defined in section 352.021;
101.4 	(3) while employed under clause (1), was assaulted by:
101.5 	(i) a person under correctional supervision for a criminal offense; or
101.6 	(ii) a client or patient at the Minnesota Sex Offender Program, or at a state-operated 
101.7 	forensic services program as defined in section 352.91, subdivision 3j, under the control of 
101.8 	the commissioner of the Department of Human Services; and
101.9 	(4) as a direct result of the assault under clause (3), was determined to be totally and 
101.10 	permanently physically disabled under laws governing the Minnesota State Retirement 
101.11 	System.
101.12 	(b) For a person to whom this section applies, the commissioner of the Department of 
101.13 	corrections or, the commissioner of the Department of human services, or the direct care 
101.14 	and treatment executive board, using existing budget resources, must continue to make the 
101.15 	employer contribution for medical and dental benefits under the State Employee Group 
101.16 	Insurance Program after the person terminates state service. If the person had dependent 
101.17 	coverage at the time of terminating state service, employer contributions for dependent 
101.18 	coverage also must continue under this section. The employer contributions must be in the 
101.19 	amount of the employer contribution for active state employees at the time each payment 
101.20 	is made. The employer contributions must continue until the person reaches age 65, provided 
101.21 	the person makes the required employee contributions, in the amount required of an active 
101.22 	state employee, at the time and in the manner specified by the commissioner or executive 
101.23 	board.

101.24 	Sec. 4. [198.267] VETERANS IN STATE-OPERATED FACILITIES.
101.25 		Subdivision 1.Compensation. Notwithstanding any law to the contrary, the 
101.26 	commissioner of veterans affairs is authorized to provide the payment to residents of veterans 
101.27 	homes under the commissioner's management and control of such pecuniary compensation 
101.28 	as required by the United States Department of Labor. Payment of subminimum wages shall 
101.29 	meet all requirements of United States Department of Labor Regulations, Code of Federal 
101.30 	Regulations, title 29, part 525. The amount of compensation depends upon the quality and 
101.31 	character of the work performed as determined by the commissioner pursuant to section 
101.32 	177.24.
102.1 		Subd. 2.Imprest cash fund. The commissioner of veterans affairs may establish an 
102.2 	imprest cash fund for each of the state-operated residential facilities to be utilized for payment 
102.3 	to veteran residents participating in on-campus work programs.

102.4 	Sec. 5. Minnesota Statutes 2022, section 243.166, subdivision 7, is amended to read:
102.5 		Subd. 7.Use of data. (a) Except as otherwise provided in subdivision 4b or 7a or sections 
102.6 	244.052 and 299C.093, the data provided under this section is private data on individuals 
102.7 	under section 13.02, subdivision 12.
102.8 	(b) The data may be used only by law enforcement and corrections agencies for law 
102.9 	enforcement and corrections purposes. Law enforcement or a corrections agent may disclose 
102.10 	the status of an individual as a predatory offender to a child protection worker with a local 
102.11 	welfare agency for purposes of doing a family assessment under chapter 260E. A corrections 
102.12 	agent may also disclose the status of an individual as a predatory offender to comply with 
102.13 	section 244.057.
102.14 	(c) The commissioner of human services is authorized to have access to the data for:
102.15 	(1) state-operated services, as defined in section 246.014, for the purposes described in 
102.16 	section 246.13, subdivision 2, paragraph (b); and
102.17 	(2) purposes of completing background studies under chapter 245C.
102.18 	(d) The direct care and treatment executive board is authorized to have access to data 
102.19 	for any service, program, or facility owned or operated by the state of Minnesota and under 
102.20 	the programmatic direction and fiscal control of the executive board for purposes described 
102.21 	in section 246.13, subdivision 2, paragraph (b).

102.22 	Sec. 6. [245A.0951] ADOPTION OF RULES FOR LICENSURE OF SECURE 
102.23 	TREATMENT FACILITIES.
102.24 	The commissioner of human services shall adopt rules to govern the licensure of secure 
102.25 	treatment facilities operated by the Minnesota Sex Offender Program or any other facility 
102.26 	operated by the executive board for a person committed as a sexual psychopathic personality 
102.27 	or a sexually dangerous person.

102.28 	Sec. 7. Minnesota Statutes 2022, section 245D.10, subdivision 3a, is amended to read:
102.29 		Subd. 3a.Service termination. (a) The license holder must establish policies and 
102.30 	procedures for service termination that promote continuity of care and service coordination 
102.31 	with the person and the case manager and with other licensed caregivers, if any, who also 
103.1 	provide support to the person. The policy must include the requirements specified in 
103.2 	paragraphs (b) to (f).
103.3 	(b) The license holder must permit each person to remain in the program or to continue 
103.4 	receiving services and must not terminate services unless:
103.5 	(1) the termination is necessary for the person's welfare and the license holder cannot 
103.6 	meet the person's needs;
103.7 	(2) the safety of the person, others in the program, or staff is endangered and positive 
103.8 	support strategies were attempted and have not achieved and effectively maintained safety 
103.9 	for the person or others;
103.10 	(3) the health of the person, others in the program, or staff would otherwise be 
103.11 	endangered;
103.12 	(4) the license holder has not been paid for services;
103.13 	(5) the program or license holder ceases to operate;
103.14 	(6) the person has been terminated by the lead agency from waiver eligibility; or
103.15 	(7) for state-operated community-based services, the person no longer demonstrates 
103.16 	complex behavioral needs that cannot be met by private community-based providers 
103.17 	identified in section 252.50, subdivision 5, paragraph (a), clause (1).
103.18 	(c) Prior to giving notice of service termination, the license holder must document actions 
103.19 	taken to minimize or eliminate the need for termination. Action taken by the license holder 
103.20 	must include, at a minimum:
103.21 	(1) consultation with the person's support team or expanded support team to identify 
103.22 	and resolve issues leading to issuance of the termination notice;
103.23 	(2) a request to the case manager for intervention services identified in section 245D.03, 
103.24 	subdivision 1, paragraph (c), clause (1), or other professional consultation or intervention 
103.25 	services to support the person in the program. This requirement does not apply to notices 
103.26 	of service termination issued under paragraph (b), clauses (4) and (7); and
103.27 	(3) for state-operated community-based services terminating services under paragraph 
103.28 	(b), clause (7), the state-operated community-based services must engage in consultation 
103.29 	with the person's support team or expanded support team to:
103.30 	(i) identify that the person no longer demonstrates complex behavioral needs that cannot 
103.31 	be met by private community-based providers identified in section 252.50, subdivision 5, 
103.32 	paragraph (a), clause (1);
104.1 	(ii) provide notice of intent to issue a termination of services to the lead agency when a 
104.2 	finding has been made that a person no longer demonstrates complex behavioral needs that 
104.3 	cannot be met by private community-based providers identified in section 252.50, subdivision 
104.4 	5, paragraph (a), clause (1);
104.5 	(iii) assist the lead agency and case manager in developing a person-centered transition 
104.6 	plan to a private community-based provider to ensure continuity of care; and
104.7 	(iv) coordinate with the lead agency to ensure the private community-based service 
104.8 	provider is able to meet the person's needs and criteria established in a person's 
104.9 	person-centered transition plan.
104.10 	If, based on the best interests of the person, the circumstances at the time of the notice were 
104.11 	such that the license holder was unable to take the action specified in clauses (1) and (2), 
104.12 	the license holder must document the specific circumstances and the reason for being unable 
104.13 	to do so.
104.14 	(d) The notice of service termination must meet the following requirements:
104.15 	(1) the license holder must notify the person or the person's legal representative and the 
104.16 	case manager in writing of the intended service termination. If the service termination is 
104.17 	from residential supports and services as defined in section 245D.03, subdivision 1, paragraph 
104.18 	(c), clause (3), the license holder must also notify the commissioner in writing; and
104.19 	(2) the notice must include:
104.20 	(i) the reason for the action;
104.21 	(ii) except for a service termination under paragraph (b), clause (5), a summary of actions 
104.22 	taken to minimize or eliminate the need for service termination or temporary service 
104.23 	suspension as required under paragraph (c), and why these measures failed to prevent the 
104.24 	termination or suspension;
104.25 	(iii) the person's right to appeal the termination of services under section 256.045, 
104.26 	subdivision 3, paragraph (a); and
104.27 	(iv) the person's right to seek a temporary order staying the termination of services 
104.28 	according to the procedures in section 256.045, subdivision 4a or 6, paragraph (c).
104.29 	(e) Notice of the proposed termination of service, including those situations that began 
104.30 	with a temporary service suspension, must be given at least 90 days prior to termination of 
104.31 	services under paragraph (b), clause (7), 60 days prior to termination when a license holder 
104.32 	is providing intensive supports and services identified in section 245D.03, subdivision 1, 
105.1 	paragraph (c), and 30 days prior to termination for all other services licensed under this 
105.2 	chapter. This notice may be given in conjunction with a notice of temporary service 
105.3 	suspension under subdivision 3.
105.4 	(f) During the service termination notice period, the license holder must:
105.5 	(1) work with the support team or expanded support team to develop reasonable 
105.6 	alternatives to protect the person and others and to support continuity of care;
105.7 	(2) provide information requested by the person or case manager; and
105.8 	(3) maintain information about the service termination, including the written notice of 
105.9 	intended service termination, in the service recipient record.
105.10 	(g) For notices issued under paragraph (b), clause (7), the lead agency shall provide 
105.11 	notice to the commissioner and state-operated services the direct care and treatment executive 
105.12 	board at least 30 days before the conclusion of the 90-day termination period, if an 
105.13 	appropriate alternative provider cannot be secured. Upon receipt of this notice, the 
105.14 	commissioner and state-operated services the executive board shall reassess whether a 
105.15 	private community-based service can meet the person's needs. If the commissioner determines 
105.16 	that a private provider can meet the person's needs, state-operated services the executive 
105.17 	board shall, if necessary, extend notice of service termination until placement can be made. 
105.18 	If the commissioner determines that a private provider cannot meet the person's needs, 
105.19 	state-operated services the executive board shall rescind the notice of service termination 
105.20 	and re-engage with the lead agency in service planning for the person.
105.21 	(h) For state-operated community-based services, the license holder shall prioritize the 
105.22 	capacity created within the existing service site by the termination of services under paragraph 
105.23 	(b), clause (7), to serve persons described in section 252.50, subdivision 5, paragraph (a), 
105.24 	clause (1).

105.25 	Sec. 8. Minnesota Statutes 2022, section 251.041, is amended to read:
105.26 	251.041 EMPLOYEES CONTRACTING TUBERCULOSIS TO RECEIVE 
105.27 	MEDICAL CARE AND COMPENSATION.
105.28 	Any sanitarium, medical laboratories or institutional employee of the state or of any 
105.29 	county or other subdivision of the state, or any duly licensed nurse employed by the state 
105.30 	or by any county, city, nursing district or other subdivision of the state, whose duties in 
105.31 	connection with such employment bring or have brought the employee or nurse in contact 
105.32 	with patients or persons who are afflicted with tuberculosis, or with tuberculosis contaminated 
105.33 	material, who contracts tuberculosis, shall be entitled to the medical care and compensation 
106.1 	provided by sections 251.041 to 251.044 176.87 to 176.873. "Contracts tuberculosis" shall 
106.2 	be construed to mean the development of demonstrable lesions of tuberculosis or the 
106.3 	demonstration of the germs of tuberculosis in that person's secretions or excretions.

106.4 	Sec. 9. Minnesota Statutes 2022, section 251.042, is amended to read:
106.5 	251.042 REPORT OF ILLNESS OF EMPLOYEE, HEARING ON CLAIM.
106.6 	Whenever the superintendent of any state, county or city sanitarium, medical laboratories 
106.7 	or other institution, or the head of any department of the state or of any county, city, nursing 
106.8 	district or other subdivision of the state employing licensed nurses, learns that any employee 
106.9 	of such the institution or department whose duties bring the employee in contact with patients 
106.10 	or inmates therein or who works in and around any tuberculosis contaminated material, has 
106.11 	contracted tuberculosis while employed in such the institution or department, such the
106.12 	superintendent or department head shall report such the illness to the Workers' Compensation 
106.13 	Division. Copies of such the report shall be sent to the commissioner of human services
106.14 	direct care and treatment executive board if a state institution; to the head of the department 
106.15 	if a department of the state; to the county board if a county institution or department; or to 
106.16 	the governing body of the city or other subdivision of the state which employs the afflicted 
106.17 	person. The commissioner of the department of labor and industry upon receiving such the
106.18 	report, shall mail to the superintendent of such the institution or the head of such the
106.19 	department blank forms to be filled out by such the employee claiming the medical and 
106.20 	sanitarium treatment and compensation hereinafter provided for in this chapter. The 
106.21 	commissioner of the Department of labor and industry shall thereupon set the claim on for 
106.22 	hearing and determination in the same manner as claims of other public employees under 
106.23 	the workers' compensation law are heard and determined.

106.24 	Sec. 10. Minnesota Statutes 2022, section 251.043, is amended to read:
106.25 	251.043 FINDINGS, PAYMENT OF MEDICAL CARE AND COMPENSATION.
106.26 		Subdivision 1.Duty to seek treatment. If upon the evidence mentioned in the preceding
106.27 	section 176.871, the workers' compensation division finds that an employee is suffering 
106.28 	from tuberculosis contracted in the institution or department by contact with inmates or 
106.29 	patients therein or by contact with tuberculosis contaminated material therein, it shall order 
106.30 	the employee to seek the services of a physician, advanced practice registered nurse, 
106.31 	physician assistant, or medical care facility.
106.32 		Subd. 1a.Payment for medical care. There shall be paid to The physician, advanced 
106.33 	practice registered nurse, physician assistant, or facility where the employee may be received,
107.1 	must be paid the same fee for the maintenance and care of the person as is received by the 
107.2 	institution for the maintenance and care of a nonresident patient. If the employee worked 
107.3 	in a state hospital or nursing home, payment the direct care and treatment executive board 
107.4 	must pay for the care shall be made by the commissioner of human services. If employed 
107.5 	in any other institution or department the payment shall must be made from funds allocated 
107.6 	or appropriated for the operation of the institution or department.
107.7 		Subd. 1b.Payment of compensation. If the employee dies from the effects of the disease 
107.8 	of tuberculosis and if the tuberculosis was the primary infection and the authentic cause of 
107.9 	death, the workers' compensation division shall order payment to dependents as provided 
107.10 	for under the general provisions of the workers' compensation law.
107.11 		Subd. 2.Presumption of risk. Whenever it appears that any employee subject to the 
107.12 	provisions of sections 251.041 to 251.044 176.87 to 176.873 has come into contact with 
107.13 	persons who are afflicted with tuberculosis or with tuberculosis contaminated material in 
107.14 	connection with the employment and has subsequently contracted tuberculosis it shall be 
107.15 	presumed that such employee contracted tuberculosis by such contact and while working 
107.16 	within the scope of employment.
107.17 		Subd. 3.Date of contracting tuberculosis. When an employee has contracted 
107.18 	tuberculosis within the meaning of subdivision 1, the periods of time specified in section 
107.19 	176.141 shall be computed from the date that a confirmed diagnosis of tuberculosis is first 
107.20 	communicated to the employee.

107.21 	Sec. 11. Minnesota Statutes 2022, section 256B.693, subdivision 1, is amended to read:
107.22 		Subdivision 1.Proposals for managed care; role of state-operated services. Any 
107.23 	proposal integrating state-operated services with managed care systems for persons with 
107.24 	disabilities shall must identify the specific role to be assumed by state-operated services 
107.25 	and the funding arrangement in which state-operated services shall effectively operate within 
107.26 	the managed care initiative. The commissioner of human services shall not approve or 
107.27 	implement the an initiative that consolidates funding appropriated for state-operated services 
107.28 	with funding for managed care initiatives for persons with disabilities.

107.29 	Sec. 12. Minnesota Statutes 2022, section 256B.77, subdivision 22, is amended to read:
107.30 		Subd. 22.Minnesota Commitment Act services. The county administrative entity or 
107.31 	service delivery organization is financially responsible for all services for enrollees covered 
107.32 	by the medical assistance benefit set and ordered by the court under the Minnesota 
107.33 	Commitment Act, chapter 253B. The county authority shall seek input from the county 
108.1 	administrative entity or service delivery organization in giving the court information about 
108.2 	services the enrollee needs and least restrictive alternatives. The court order for services is 
108.3 	deemed to comply with the definition of medical necessity in Minnesota Rules, part 
108.4 	9505.0175. The financial responsibility of the county administrative entity or service delivery 
108.5 	organization for regional treatment center services to an enrollee while committed to the 
108.6 	regional treatment center is limited to 45 days following commitment. Voluntary 
108.7 	hospitalization for enrollees at regional treatment centers must be covered by the county 
108.8 	administrative entity or service delivery organization if deemed medically necessary by the 
108.9 	county administrative entity or service delivery organization. The regional treatment center 
108.10 	shall not accept a voluntary admission of an enrollee without the authorization of the county 
108.11 	administrative entity or service delivery organization. An enrollee will maintain enrollee 
108.12 	status while receiving treatment under the Minnesota Commitment Act or voluntary services 
108.13 	in a regional treatment center. For enrollees committed to the regional treatment center 
108.14 	longer than 45 days, the commissioner of human services may adjust the aggregate capitation 
108.15 	payments, as specified in the intergovernmental contract or service delivery contract.

108.16 	Sec. 13. Minnesota Statutes 2022, section 299C.093, is amended to read:
108.17 	299C.093 DATABASE OF REGISTERED PREDATORY OFFENDERS.
108.18 	The superintendent of the Bureau of Criminal Apprehension shall maintain a 
108.19 	computerized data system relating to individuals required to register as predatory offenders 
108.20 	under section 243.166. To the degree feasible, the system must include the data required to 
108.21 	be provided under section 243.166, subdivisions 4, 4a, and 4b, and indicate the time period 
108.22 	that the person is required to register. The superintendent shall maintain this data in a manner 
108.23 	that ensures that it is readily available to law enforcement agencies. This data is private data 
108.24 	on individuals under section 13.02, subdivision 12, but may be used for law enforcement 
108.25 	and corrections purposes. Law enforcement or a corrections agent may disclose the status 
108.26 	of an individual as a predatory offender to a child protection worker with a local welfare 
108.27 	agency for purposes of doing a family assessment under chapter 260E. A corrections agent 
108.28 	may also disclose the status of an individual as a predatory offender to comply with section 
108.29 	244.057. The commissioner of human services has and direct care and treatment executive 
108.30 	board have access to the data for state-operated services, as defined in section 246.014, for 
108.31 	the purposes described in section 246.13, subdivision 2, paragraph (b), and for purposes of 
108.32 	conducting background studies under chapter 245C.

109.1 	Sec. 14. Minnesota Statutes 2022, section 352.91, subdivision 2a, is amended to read:
109.2 		Subd. 2a.Special teachers. "Covered correctional service" also means service rendered 
109.3 	by a state employee as a special teacher employed by the Department of Corrections or by 
109.4 	the Department of Human Services Direct Care and Treatment at a security unit, provided 
109.5 	that at least 75 percent of the employee's working time is spent in direct contact with inmates 
109.6 	or patients and the fact of this direct contact is certified to the executive director by the 
109.7 	appropriate commissioner or executive board, unless the person elects to retain the current 
109.8 	retirement coverage under Laws 1996, chapter 408, article 8, section 21.

109.9 	Sec. 15. Minnesota Statutes 2022, section 352.91, subdivision 3c, is amended to read:
109.10 		Subd. 3c.Nursing personnel. (a) "Covered correctional service" means service by a 
109.11 	state employee in one of the employment positions at a correctional facility, in the 
109.12 	state-operated forensic services program, or in the Minnesota Sex Offender Program that 
109.13 	are specified in paragraph (b) if at least 75 percent of the employee's working time is spent 
109.14 	in direct contact with inmates or patients and the fact of this direct contact is certified to the 
109.15 	executive director by the appropriate commissioner or executive board.
109.16 	(b) The employment positions are as follows:
109.17 	(1) registered nurse - senior;
109.18 	(2) registered nurse;
109.19 	(3) registered nurse - principal;
109.20 	(4) licensed practical nurse;
109.21 	(5) registered nurse advance practice; and
109.22 	(6) psychiatric advance practice registered nurse.

109.23 	Sec. 16. Minnesota Statutes 2022, section 352.91, subdivision 3d, is amended to read:
109.24 		Subd. 3d.Other correctional personnel. (a) "Covered correctional service" means 
109.25 	service by a state employee in one of the employment positions at a correctional facility or 
109.26 	in the state-operated forensic services program specified in paragraph (b) if at least 75 
109.27 	percent of the employee's working time is spent in direct contact with inmates or patients 
109.28 	and the fact of this direct contact is certified to the executive director by the appropriate 
109.29 	commissioner or executive board.
109.30 	(b) The employment positions are:
110.1 	(1) automotive mechanic;
110.2 	(2) baker;
110.3 	(3) central services administrative specialist, intermediate;
110.4 	(4) central services administrative specialist, principal;
110.5 	(5) chaplain;
110.6 	(6) chief cook;
110.7 	(7) clinical program therapist 1;
110.8 	(8) clinical program therapist 2;
110.9 	(9) clinical program therapist 3;
110.10 	(10) clinical program therapist 4;
110.11 	(11) cook;
110.12 	(12) cook coordinator;
110.13 	(13) corrections inmate program coordinator;
110.14 	(14) corrections transitions program coordinator;
110.15 	(15) corrections security caseworker;
110.16 	(16) corrections security caseworker career;
110.17 	(17) corrections teaching assistant;
110.18 	(18) delivery van driver;
110.19 	(19) dentist;
110.20 	(20) electrician supervisor;
110.21 	(21) general maintenance worker lead;
110.22 	(22) general repair worker;
110.23 	(23) library/information research services specialist;
110.24 	(24) library/information research services specialist senior;
110.25 	(25) library technician;
110.26 	(26) painter lead;
110.27 	(27) plant maintenance engineer lead;
111.1 	(28) plumber supervisor;
111.2 	(29) psychologist 1;
111.3 	(30) psychologist 3;
111.4 	(31) recreation therapist;
111.5 	(32) recreation therapist coordinator;
111.6 	(33) recreation program assistant;
111.7 	(34) recreation therapist senior;
111.8 	(35) sports medicine specialist;
111.9 	(36) work therapy assistant;
111.10 	(37) work therapy program coordinator; and
111.11 	(38) work therapy technician.

111.12 	Sec. 17. Minnesota Statutes 2022, section 352.91, subdivision 3e, is amended to read:
111.13 		Subd. 3e.Minnesota Specialty Health System-Cambridge. (a) "Covered correctional 
111.14 	service" means service by a state employee in one of the employment positions with the 
111.15 	Minnesota Specialty Health System-Cambridge specified in paragraph (b) if at least 75 
111.16 	percent of the employee's working time is spent in direct contact with patients who are in 
111.17 	the Minnesota Specialty Health System-Cambridge and if service in such a position is 
111.18 	certified to the executive director by the commissioner of human services direct care and 
111.19 	treatment executive board.
111.20 	(b) The employment positions are:
111.21 	(1) behavior analyst 1;
111.22 	(2) behavior analyst 2;
111.23 	(3) behavior analyst 3;
111.24 	(4) group supervisor;
111.25 	(5) group supervisor assistant;
111.26 	(6) human services support specialist;
111.27 	(7) residential program lead;
111.28 	(8) psychologist 2;
112.1 	(9) recreation program assistant;
112.2 	(10) recreation therapist senior;
112.3 	(11) registered nurse senior;
112.4 	(12) skills development specialist;
112.5 	(13) social worker senior;
112.6 	(14) social worker specialist; and
112.7 	(15) speech pathology specialist.
112.8 	(c) A Department of Human Services or Department of Direct Care and Treatment 
112.9 	employee who was employed at the Minnesota Specialty Health System-Cambridge 
112.10 	immediately preceding the 2014 conversion to the community-based homes and was in 
112.11 	covered correctional service at the time of the transition shall continue to be covered by the 
112.12 	correctional employees retirement plan while employed by and without a break in service 
112.13 	with the Department of Human Services or Department of Direct Care and Treatment in 
112.14 	the direct care and treatment of patients.

112.15 	Sec. 18. Minnesota Statutes 2023 Supplement, section 352.91, subdivision 3f, is amended 
112.16 	to read:
112.17 		Subd. 3f.Additional Department of Human Services personnel. (a) "Covered 
112.18 	correctional service" means service by a state employee in one of the employment positions 
112.19 	specified in paragraph (b) in the state-operated forensic services program or the Minnesota 
112.20 	Sex Offender Program if at least 75 percent of the employee's working time is spent in direct 
112.21 	contact with patients and the determination of this direct contact is certified to the executive 
112.22 	director by the commissioner of human services or direct care and treatment executive 
112.23 	board.
112.24 	(b) The employment positions are:
112.25 	(1) behavior analyst 2;
112.26 	(2) behavior analyst 3;
112.27 	(3) certified occupational therapy assistant 1;
112.28 	(4) certified occupational therapy assistant 2;
112.29 	(5) client advocate;
112.30 	(6) clinical program therapist 2;
113.1 	(7) clinical program therapist 3;
113.2 	(8) clinical program therapist 4;
113.3 	(9) customer services specialist principal;
113.4 	(10) dental assistant registered;
113.5 	(11) dental hygienist;
113.6 	(12) group supervisor;
113.7 	(13) group supervisor assistant;
113.8 	(14) human services support specialist;
113.9 	(15) licensed alcohol and drug counselor;
113.10 	(16) licensed practical nurse;
113.11 	(17) management analyst 3;
113.12 	(18) occupational therapist;
113.13 	(19) occupational therapist, senior;
113.14 	(20) physical therapist;
113.15 	(21) psychologist 1;
113.16 	(22) psychologist 2;
113.17 	(23) psychologist 3;
113.18 	(24) recreation program assistant;
113.19 	(25) recreation therapist lead;
113.20 	(26) recreation therapist senior;
113.21 	(27) rehabilitation counselor senior;
113.22 	(28) residential program lead;
113.23 	(29) security supervisor;
113.24 	(30) skills development specialist;
113.25 	(31) social worker senior;
113.26 	(32) social worker specialist;
113.27 	(33) social worker specialist, senior;
114.1 	(34) special education program assistant;
114.2 	(35) speech pathology clinician;
114.3 	(36) substance use disorder counselor senior;
114.4 	(37) work therapy assistant; and
114.5 	(38) work therapy program coordinator.

114.6 	Sec. 19. Minnesota Statutes 2022, section 352.91, subdivision 4a, is amended to read:
114.7 		Subd. 4a.Process for evaluating and recommending potential employment positions 
114.8 	for membership inclusion. (a) The Department of Corrections and the Department of 
114.9 	Human Services Direct Care and Treatment must establish a procedure for evaluating 
114.10 	periodic requests by department employees for qualification for recommendation by the 
114.11 	commissioner or executive board for inclusion of the employment position in the correctional 
114.12 	facility or human servicesdirect care and treatment facility in the correctional retirement 
114.13 	plan and for periodically determining employment positions that no longer qualify for 
114.14 	continued correctional retirement plan coverage.
114.15 	(b) The procedure must provide for an evaluation of the extent of the employee's working 
114.16 	time spent in direct contact with patients or inmates, the extent of the physical hazard that 
114.17 	the employee is routinely subjected to in the course of employment, and the extent of 
114.18 	intervention routinely expected of the employee in the event of a facility incident. The 
114.19 	percentage of routine direct contact with inmates or patients may not be less than 75 percent.
114.20 	(c) The applicable commissioner or executive board shall notify the employee of the 
114.21 	determination of the appropriateness of recommending the employment position for inclusion 
114.22 	in the correctional retirement plan, if the evaluation procedure results in a finding that the 
114.23 	employee:
114.24 	(1) routinely spends 75 percent of the employee's time in direct contact with inmates or 
114.25 	patients; and
114.26 	(2) is regularly engaged in the rehabilitation, treatment, custody, or supervision of inmates 
114.27 	or patients.
114.28 	(d) After providing the affected employee an opportunity to dispute or clarify any 
114.29 	evaluation determinations, if the commissioner or executive board determines that the 
114.30 	employment position is appropriate for inclusion in the correctional retirement plan, the 
114.31 	commissioner or executive board shall forward that recommendation and supporting 
114.32 	documentation to the chair of the Legislative Commission on Pensions and Retirement, the 
115.1 	chair of the State and Local Governmental Operations Committee of the senate, the chair 
115.2 	of the Governmental Operations and Veterans Affairs Policy Committee of the house of 
115.3 	representatives, and the executive director of the Legislative Commission on Pensions and 
115.4 	Retirement in the form of the appropriate proposed legislation. The recommendation must 
115.5 	be forwarded to the legislature before January 15 for the recommendation to be considered 
115.6 	in that year's legislative session.

115.7 	Sec. 20. Minnesota Statutes 2022, section 524.3-801, is amended to read:
115.8 	524.3-801 NOTICE TO CREDITORS.
115.9 	(a) Unless notice has already been given under this section, upon appointment of a 
115.10 	general personal representative in informal proceedings or upon the filing of a petition for 
115.11 	formal appointment of a general personal representative, notice thereof, in the form prescribed 
115.12 	by court rule, shall be given under the direction of the court administrator by publication 
115.13 	once a week for two successive weeks in a legal newspaper in the county wherein the 
115.14 	proceedings are pending giving the name and address of the general personal representative 
115.15 	and notifying creditors of the estate to present their claims within four months after the date 
115.16 	of the court administrator's notice which is subsequently published or be forever barred, 
115.17 	unless they are entitled to further service of notice under paragraph (b) or (c).
115.18 	(b) The personal representative shall, within three months after the date of the first 
115.19 	publication of the notice, serve a copy of the notice upon each then known and identified 
115.20 	creditor in the manner provided in paragraph (c). If the decedent or a predeceased spouse 
115.21 	of the decedent received assistance for which a claim could be filed under section 246.53, 
115.22 	256B.15, 256D.16, or 261.04, notice to the commissioner of human services or direct care 
115.23 	and treatment executive board, as applicable, must be given under paragraph (d) instead of 
115.24 	under this paragraph or paragraph (c). A creditor is "known" if: (i) the personal representative 
115.25 	knows that the creditor has asserted a claim that arose during the decedent's life against 
115.26 	either the decedent or the decedent's estate; (ii) the creditor has asserted a claim that arose 
115.27 	during the decedent's life and the fact is clearly disclosed in accessible financial records 
115.28 	known and available to the personal representative; or (iii) the claim of the creditor would 
115.29 	be revealed by a reasonably diligent search for creditors of the decedent in accessible 
115.30 	financial records known and available to the personal representative. Under this section, a 
115.31 	creditor is "identified" if the personal representative's knowledge of the name and address 
115.32 	of the creditor will permit service of notice to be made under paragraph (c).
115.33 	(c) Unless the claim has already been presented to the personal representative or paid, 
115.34 	the personal representative shall serve a copy of the notice required by paragraph (b) upon 
116.1 	each creditor of the decedent who is then known to the personal representative and identified 
116.2 	either by delivery of a copy of the required notice to the creditor, or by mailing a copy of 
116.3 	the notice to the creditor by certified, registered, or ordinary first class mail addressed to 
116.4 	the creditor at the creditor's office or place of residence.
116.5 	(d)(1) Effective for decedents dying on or after July 1, 1997, if the decedent or a 
116.6 	predeceased spouse of the decedent received assistance for which a claim could be filed 
116.7 	under section 246.53, 256B.15, 256D.16, or 261.04, the personal representative or the 
116.8 	attorney for the personal representative shall serve the commissioner of human services or 
116.9 	executive board, as applicable, with notice in the manner prescribed in paragraph (c) as 
116.10 	soon as practicable after the appointment of the personal representative. The notice must 
116.11 	state the decedent's full name, date of birth, and Social Security number and, to the extent 
116.12 	then known after making a reasonably diligent inquiry, the full name, date of birth, and 
116.13 	Social Security number for each of the decedent's predeceased spouses. The notice may 
116.14 	also contain a statement that, after making a reasonably diligent inquiry, the personal 
116.15 	representative has determined that the decedent did not have any predeceased spouses or 
116.16 	that the personal representative has been unable to determine one or more of the previous 
116.17 	items of information for a predeceased spouse of the decedent. A copy of the notice to 
116.18 	creditors must be attached to and be a part of the notice to the commissioner or executive 
116.19 	board.
116.20 	(2) Notwithstanding a will or other instrument or law to the contrary, except as allowed 
116.21 	in this paragraph, no property subject to administration by the estate may be distributed by 
116.22 	the estate or the personal representative until 70 days after the date the notice is served on 
116.23 	the commissioner or executive board as provided in paragraph (c), unless the local agency 
116.24 	consents as provided for in clause (6). This restriction on distribution does not apply to the 
116.25 	personal representative's sale of real or personal property, but does apply to the net proceeds 
116.26 	the estate receives from these sales. The personal representative, or any person with personal 
116.27 	knowledge of the facts, may provide an affidavit containing the description of any real or 
116.28 	personal property affected by this paragraph and stating facts showing compliance with this 
116.29 	paragraph. If the affidavit describes real property, it may be filed or recorded in the office 
116.30 	of the county recorder or registrar of titles for the county where the real property is located. 
116.31 	This paragraph does not apply to proceedings under sections 524.3-1203 and 525.31, or 
116.32 	when a duly authorized agent of a county is acting as the personal representative of the 
116.33 	estate.
116.34 	(3) At any time before an order or decree is entered under section 524.3-1001 or 
116.35 	524.3-1002, or a closing statement is filed under section 524.3-1003, the personal 
117.1 	representative or the attorney for the personal representative may serve an amended notice 
117.2 	on the commissioner or executive board to add variations or other names of the decedent 
117.3 	or a predeceased spouse named in the notice, the name of a predeceased spouse omitted 
117.4 	from the notice, to add or correct the date of birth or Social Security number of a decedent 
117.5 	or predeceased spouse named in the notice, or to correct any other deficiency in a prior 
117.6 	notice. The amended notice must state the decedent's name, date of birth, and Social Security 
117.7 	number, the case name, case number, and district court in which the estate is pending, and 
117.8 	the date the notice being amended was served on the commissioner or executive board. If 
117.9 	the amendment adds the name of a predeceased spouse omitted from the notice, it must also 
117.10 	state that spouse's full name, date of birth, and Social Security number. The amended notice 
117.11 	must be served on the commissioner or executive board in the same manner as the original 
117.12 	notice. Upon service, the amended notice relates back to and is effective from the date the 
117.13 	notice it amends was served, and the time for filing claims arising under section 246.53, 
117.14 	256B.15, 256D.16 or 261.04 is extended by 60 days from the date of service of the amended 
117.15 	notice. Claims filed during the 60-day period are undischarged and unbarred claims, may 
117.16 	be prosecuted by the entities entitled to file those claims in accordance with section 
117.17 	524.3-1004, and the limitations in section 524.3-1006 do not apply. The personal 
117.18 	representative or any person with personal knowledge of the facts may provide and file or 
117.19 	record an affidavit in the same manner as provided for in clause (1).
117.20 	(4) Within one year after the date an order or decree is entered under section 524.3-1001
117.21 	or 524.3-1002 or a closing statement is filed under section 524.3-1003, any person who has 
117.22 	an interest in property that was subject to administration by the estate may serve an amended 
117.23 	notice on the commissioner or executive board to add variations or other names of the 
117.24 	decedent or a predeceased spouse named in the notice, the name of a predeceased spouse 
117.25 	omitted from the notice, to add or correct the date of birth or Social Security number of a 
117.26 	decedent or predeceased spouse named in the notice, or to correct any other deficiency in 
117.27 	a prior notice. The amended notice must be served on the commissioner or executive board 
117.28 	in the same manner as the original notice and must contain the information required for 
117.29 	amendments under clause (3). If the amendment adds the name of a predeceased spouse 
117.30 	omitted from the notice, it must also state that spouse's full name, date of birth, and Social 
117.31 	Security number. Upon service, the amended notice relates back to and is effective from 
117.32 	the date the notice it amends was served. If the amended notice adds the name of an omitted 
117.33 	predeceased spouse or adds or corrects the Social Security number or date of birth of the 
117.34 	decedent or a predeceased spouse already named in the notice, then, notwithstanding any 
117.35 	other laws to the contrary, claims against the decedent's estate on account of those persons 
117.36 	resulting from the amendment and arising under section 246.53, 256B.15, 256D.16, or 
118.1 	261.04 are undischarged and unbarred claims, may be prosecuted by the entities entitled to 
118.2 	file those claims in accordance with section 524.3-1004, and the limitations in section 
118.3 	524.3-1006 do not apply. The person filing the amendment or any other person with personal 
118.4 	knowledge of the facts may provide and file or record an affidavit describing affected real 
118.5 	or personal property in the same manner as clause (1).
118.6 	(5) After one year from the date an order or decree is entered under section 524.3-1001
118.7 	or 524.3-1002, or a closing statement is filed under section 524.3-1003, no error, omission, 
118.8 	or defect of any kind in the notice to the commissioner or executive board required under 
118.9 	this paragraph or in the process of service of the notice on the commissioner or executive 
118.10 	board, or the failure to serve the commissioner or executive board with notice as required 
118.11 	by this paragraph, makes any distribution of property by a personal representative void or 
118.12 	voidable. The distributee's title to the distributed property shall be free of any claims based 
118.13 	upon a failure to comply with this paragraph.
118.14 	(6) The local agency may consent to a personal representative's request to distribute 
118.15 	property subject to administration by the estate to distributees during the 70-day period after 
118.16 	service of notice on the commissioner or executive board. The local agency may grant or 
118.17 	deny the request in whole or in part and may attach conditions to its consent as it deems 
118.18 	appropriate. When the local agency consents to a distribution, it shall give the estate a written 
118.19 	certificate evidencing its consent to the early distribution of assets at no cost. The certificate 
118.20 	must include the name, case number, and district court in which the estate is pending, the 
118.21 	name of the local agency, describe the specific real or personal property to which the consent 
118.22 	applies, state that the local agency consents to the distribution of the specific property 
118.23 	described in the consent during the 70-day period following service of the notice on the 
118.24 	commissioner or executive board, state that the consent is unconditional or list all of the 
118.25 	terms and conditions of the consent, be dated, and may include other contents as may be 
118.26 	appropriate. The certificate must be signed by the director of the local agency or the director's 
118.27 	designees and is effective as of the date it is dated unless it provides otherwise. The signature 
118.28 	of the director or the director's designee does not require any acknowledgment. The certificate 
118.29 	shall be prima facie evidence of the facts it states, may be attached to or combined with a 
118.30 	deed or any other instrument of conveyance and, when so attached or combined, shall 
118.31 	constitute a single instrument. If the certificate describes real property, it shall be accepted 
118.32 	for recording or filing by the county recorder or registrar of titles in the county in which the 
118.33 	property is located. If the certificate describes real property and is not attached to or combined 
118.34 	with a deed or other instrument of conveyance, it shall be accepted for recording or filing 
118.35 	by the county recorder or registrar of titles in the county in which the property is located. 
119.1 	The certificate constitutes a waiver of the 70-day period provided for in clause (2) with 
119.2 	respect to the property it describes and is prima facie evidence of service of notice on the 
119.3 	commissioner or executive board. The certificate is not a waiver or relinquishment of any 
119.4 	claims arising under section 246.53, 256B.15, 256D.16, or 261.04, and does not otherwise 
119.5 	constitute a waiver of any of the personal representative's duties under this paragraph. 
119.6 	Distributees who receive property pursuant to a consent to an early distribution shall remain 
119.7 	liable to creditors of the estate as provided for by law.
119.8 	(7) All affidavits provided for under this paragraph:
119.9 	(i) shall be provided by persons who have personal knowledge of the facts stated in the 
119.10 	affidavit;
119.11 	(ii) may be filed or recorded in the office of the county recorder or registrar of titles in 
119.12 	the county in which the real property they describe is located for the purpose of establishing 
119.13 	compliance with the requirements of this paragraph; and
119.14 	(iii) are prima facie evidence of the facts stated in the affidavit.
119.15 	(8) This paragraph applies to the estates of decedents dying on or after July 1, 1997. 
119.16 	Clause (5) also applies with respect to all notices served on the commissioner of human 
119.17 	services before July 1, 1997, under Laws 1996, chapter 451, article 2, section 55. All notices 
119.18 	served on the commissioner before July 1, 1997, pursuant to Laws 1996, chapter 451, article 
119.19 	2, section 55, shall be deemed to be legally sufficient for the purposes for which they were 
119.20 	intended, notwithstanding any errors, omissions or other defects.

119.21 	ARTICLE 10
119.22 	EFFECTIVE DATES, REPEALER, AND REVISOR INSTRUCTIONS

119.23 	Section 1. REVISOR INSTRUCTION.
 119.24 	The revisor of statutes shall renumber each provision of Minnesota Statutes listed in 
119.25 	column A as amended in this act to the number listed in column B.

119.26		Column A
	Column B
	
119.27		245.036
	246C.16, subdivision 1
	
119.28		245.037
	246C.16, subdivision 2
	
119.29		245.041
	246C.15
	
119.30		245.474, subdivision 1
	246C.12, subdivision 1
	
119.31		245.474, subdivision 2
	246C.12, subdivision 2
	
119.32		245.474, subdivision 3
	246C.12, subdivision 3
	
119.33		245.474, subdivision 4
	246C.12, subdivision 4
	
120.1		246.0135, paragraph (a)
	246C.18, subdivision 2, paragraph (a)
	
120.2		246.0135, paragraph (b)
	246C.18, subdivision 2, paragraph (b)
	
120.3		246.0135, paragraph (c)
	246C.18, subdivision 2, paragraph (c)
	
120.4		246.0135, paragraph (d)
	246C.18, subdivision 3
	
120.5		246.018, subdivision 1
	246C.09, subdivision 1
	
120.6		246.018, subdivision 2
	246C.09, subdivision 2
	
120.7		246.018, subdivision 3
	246C.09, subdivision 3
	
120.8		246.018, subdivision 4
	246C.09, subdivision 4
	
120.9		246.12
	246C.06, subdivision 7
	
120.10		246.128
	246C.18, subdivision 1
	
120.11		246.129
	246C.18, subdivision 4
	
120.12		246.14
	246C.16, subdivision 3
	
120.13		246.23, subdivision 2
	246.555, subdivision 1
	
120.14		246.23, subdivision 3
	246.555, subdivision 2
	
120.15		246.23, subdivision 4
	246.555, subdivision 3
	
120.16		246.23, subdivision 5
	246.555, subdivision 4
	
120.17		246.23, subdivision 6
	246.555, subdivision 5
	
120.18		246.234
	246C.06, subdivision 8
	
120.19		246.24
	246C.16, subdivision 4
	
120.20		246.27
	246C.19
	
120.21		246.36
	246C.06, subdivision 9
	
120.22120.23		246.41, subdivision 1
	246C.06, subdivision 10, paragraph 
(a)
	
120.24120.25		246.41, subdivision 2
	246C.06, subdivision 10, paragraph 
(b)
	
120.26120.27		246.41, subdivision 3
	246C.06, subdivision 10, paragraph 
(c)
	
120.28		246.70
	246C.18, subdivision 5
	
120.29		246B.02
	246C.13
	
120.30		251.012, subdivision 1
	246.575, subdivision 1
	
120.31		251.012, subdivision 2
	246.575, subdivision 2
	
120.32		251.012, subdivision 3
	246.575, subdivision 3
	
120.33		251.012, subdivision 4
	246.575, subdivision 4
	
120.34		251.041
	176.87
	
120.35		251.042
	176.871
	
120.36		251.043, subdivision 1
	176.872, subdivision 1
	
120.37		251.043, subdivision 1a
	176.872, subdivision 2
	
120.38		251.043, subdivision 1b
	176.872, subdivision 3
	
120.39		251.043, subdivision 2
	176.872, subdivision 4
	
121.1		251.043, subdivision 3
	176.872, subdivision 5
	
121.2		251.044
	176.873
	
121.3		251.051
	176.874
	
121.4		251.052
	176.875
	
121.5		251.053
	176.876
	
121.6		251.15, subdivision 1
	176.872, subdivision 6, paragraph (a)
	
121.7		251.15, subdivision 2
	176.872, subdivision 6, paragraph (b)
	
121.8		251.17
	246C.14
	
121.9		252.50, subdivision 2
	246C.16, subdivision 5
	
121.10		252.50, subdivision 4
	246C.10, subdivision 2
	
121.11		252.50, subdivision 6
	246.65
	
121.12		252.50, subdivision 7
	246.585
	
121.13		252.50, subdivision 8
	246.588
	
121.14		252.50, subdivision 10
	246.611
	
121.15		253.015, subdivision 1
	253B.10, subdivision 6
	
121.16		253.016
	246.554
	
121.17		253.017, subdivision 1
	246.591
	
121.18		253.017, subdivision 2
	246C.10, subdivision 3
	
121.19		253.017, subdivision 3
	246C.10, subdivision 4
	
121.20		253.13
	253.245
	
121.21		253C.01, subdivision 1
	245A.27, subdivision 1
	
121.22		253C.01, subdivision 2
	245A.27, subdivision 2
	
121.23		253C.01, subdivision 3
	245A.27, subdivision 3
	
121.24		256.0121, subdivision 1
	246.595, subdivision 1
	
121.25		256.0121, subdivision 2
	246.595, subdivision 2
	
121.26		256.0121, subdivision 3
	246.595, subdivision 3

121.27 	Sec. 2. REVISOR INSTRUCTION.
 121.28 	The revisor of statutes, in consultation with the House Research Department; the Office 
121.29 	of Senate Counsel, Research, and Fiscal Analysis; the Department of Human Services; and 
121.30 	the Department of Direct Care and Treatment, shall make necessary cross-reference changes 
121.31 	and remove statutory cross-references in Minnesota Statutes to conform with the 
121.32 	recodification in this act. The revisor may make technical and other necessary changes to 
121.33 	sentence structure to preserve the meaning of the text. The revisor may alter the coding in 
121.34 	this act to incorporate statutory changes made by other law in the 2024 regular legislative 
121.35 	session. If a provision stricken in this act is also amended in the 2024 regular legislative 
122.1 	session by other law, the revisor shall merge the amendment into the recodification, 
122.2 	notwithstanding Minnesota Statutes, section 645.30.

122.3 	Sec. 3. REVISOR INSTRUCTION.
 122.4 	The revisor of statutes shall change the term "commissioner of human services," 
122.5 	"commissioner," or similar terms to "direct care and treatment executive board" or "executive 
122.6 	board" wherever the terms appear in respect to the head of the governmental entity with 
122.7 	programmatic direction and fiscal control over state-operated services, programs, or facilities 
122.8 	under Minnesota Statutes, chapter 246C. The revisor may make technical and other necessary 
122.9 	changes to sentence structure to preserve the meaning of the text.

122.10 	Sec. 4. REVISOR INSTRUCTION.
 122.11 	The revisor of statutes shall change the term "Department of Human Services" to 
122.12 	"Department of Direct Care and Treatment" wherever the term appears in respect to the 
122.13 	governmental entity with programmatic direction and fiscal control over state-operated 
122.14 	services, programs, or facilities under Minnesota Statutes, chapter 246C. The revisor may 
122.15 	make technical and other necessary changes to sentence structure to preserve the meaning 
122.16 	of the text.

122.17 	Sec. 5. REPEALER.
 122.18 	Minnesota Statutes 2022, sections 246.01; 246.013; 246.014; 246.15, subdivision 2; 
122.19 	246.23, subdivision 1; 246.60; 251.013; 252.50, subdivisions 1, 9, and 11; 252.51; and 
122.20 	256B.693, subdivision 2, are repealed.

122.21 	Sec. 6. EFFECTIVE DATE.
 122.22 	(a) Article 1, section 23, is effective July 1, 2024.
122.23 	(b) Article 1, sections 1 to 22 and 24 to 31, and articles 2 to 10 are effective January 1, 
122.24 	2025.

APPENDIX 

Repealed Minnesota Statutes: 24-06564 

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 disability, 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 disability, mental illness, or substance use disorder. 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. 

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 246.014, 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. 

246.014 SERVICES.
The measure of services are: 

(a) The commissioner of human services shall develop and maintain state-operated services in a manner consistent with sections 245.461 and 245.487 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 sections 253B.02, subdivision 18a, and 253D.02, subdivision 13, consultative services, aftercare services, community-based services and programs, transition services, nursing home 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. 

246.15 MONEY OF PATIENTS OR RESIDENTS.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. 

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 disability, or substance use disorder, 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. 

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 management and budget 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 management and budget 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 management and budget shall develop procedures to insure that moving expenses are reimbursed for those employees who relocate pursuant to the consolidation. 

251.013 AH-GWAH-CHING, WILLMAR, AND FERGUS FALLS REGIONAL TREATMENT CENTERS.Subdivision 1.Ah-Gwah-Ching. 
It is the intent of the legislature that the Ah-Gwah-Ching Center continue operation in Walker, Minnesota, as a provider of nursing care to geriatric and other residents whose aggressive or difficult to manage behavioral needs cannot be met in their home community. 

Subd. 2.Admissions criteria. 
An individual who has a documented history of behavioral patterns that pose a substantial risk of harm to the individual, other vulnerable adults, staff, or visitors is eligible for placement at the Ah-Gwah-Ching Center if the individual meets all other admissions criteria. 

Subd. 3.Geriatric rapid assessment stabilization program. 
The Ah-Gwah-Ching Center shall provide information on the geriatric rapid assessment stabilization program (GRASP) or emergency admittance programs to nursing facilities throughout the state and shall promote and encourage the use of these programs by these facilities. 

Subd. 4.Willmar. 
It is the intent of the legislature that the Willmar Regional Treatment Center continue operation in Willmar as a provider of mental health and substance use disorder treatment, and also as an operator of community-based programs for persons with developmental disabilities. 

Subd. 5.Fergus Falls. 
It is the intent of the legislature to continue operation as a downsized regional treatment center in Fergus Falls and use state employees to operate and maintain the downsized facility. 

252.50 STATE-OPERATED PROGRAMS.Subdivision 1.Community-based programs established. 
The commissioner shall establish a system of state-operated, community-based programs for persons with developmental disabilities. For purposes of this section, "state-operated, community-based program" means a program administered by the state to provide treatment and habilitation in noninstitutional community settings to persons with developmental disabilities. Employees of the programs, except clients who work within and benefit from these treatment and habilitation programs, must be state employees under chapters 43A and 179A. Although any clients who work within and benefit from these treatment and habilitation programs are not employees under chapters 43A and 179A, the Department of Human Services may consider clients who work within and benefit from these programs employees for federal tax purposes. The establishment of state-operated, community-based programs must be within the context of a comprehensive definition of the role of state-operated services in the state. The role of state-operated services must be defined within the context of a comprehensive system of services for persons with developmental disabilities. State-operated, community-based programs may include, but are not limited to, community group homes, foster care, supportive living services, day training and habilitation programs, and respite care arrangements. The commissioner may operate the pilot projects established under Laws 1985, First Special Session chapter 9, article 1, section 2, subdivision 6, and shall, within the limits of available appropriations, establish additional state-operated, community-based programs for persons with developmental disabilities. State-operated, community-based programs may accept admissions from regional treatment centers, from the person's own home, or from community programs. State-operated, community-based programs offering day program services may be provided for persons with developmental disabilities who are living in state-operated, community-based residential programs until July 1, 2000. No later than 1994, the commissioner, together with family members, counties, advocates, employee representatives, and other interested parties, shall begin planning so that by July 1, 2000, state-operated, community-based residential facilities will be in compliance with section 252.41, subdivision 9. 

Subd. 9.Evaluation of community-based services development. 
The commissioner shall develop an integrated approach to assessing and improving the quality of community-based services, including state-operated programs for persons with developmental disabilities. 

The commissioner shall evaluate the progress of the development and quality of community-based services to determine if further development can proceed. The commissioner shall report results of the evaluation to the legislature by January 31, 1991, and January 31, 1993. 

Subd. 11.Agreement authorized. 
The agreement between the commissioner of human services, the state negotiator, and the bargaining representatives of state employees, dated March 10, 1989, concerning the Department of Human Services plan to restructure the regional treatment centers, is ratified, subject to approval by the Legislative Commission on Employee Relations. 

252.51 COMMUNITY PLANNING.
Each community where there is a regional treatment center shall establish a group to work with and advise the commissioner and the counties to: 

(1) ensure community input in the development of community services for persons with developmental disabilities; 

(2) assure consideration of family concern about choice of service settings; 

(3) assist counties in recruiting new providers, capitalizing, and siting new day services and residential programs; 

(4) work with the surrounding counties to coordinate development of services for persons with developmental disabilities; 

(5) facilitate community education concerning services to persons with developmental disabilities; 

(6) assist in recruiting potential supported employment opportunities; 

(7) assist in developing shared services agreements among providers of service; 

(8) coordinate with the development of state-operated services; and 

(9) seek to resolve local transportation issues for people with developmental disabilities. 

Funds appropriated to the Department of Human Services for this purpose shall be transferred to the city in which the regional treatment center is located upon receipt of evidence from the city that such a group has been constituted and designated. The funds shall be used to defray the expenses of the group. 

The membership of each community group must reflect a broad range of community interests, including, at a minimum, families of persons with developmental disabilities, state employee unions, providers, advocates, and counties. 

256B.693 STATE-OPERATED SERVICES; MANAGED CARE.Subd. 2.Study by the commissioner. 
To help identify appropriate state-operated services for managed care systems, the commissioner of human services shall study the integration of state-operated services into public managed care systems and make recommendations to the legislature. The commissioner's study and recommendations shall include, but shall not be limited to, the following: 

(1) identification of persons with disabilities on waiting lists for services, which could be provided by state-operated services; 

(2) availability of crisis services to persons with disabilities; 

(3) unmet service needs, which could be met by state-operated services; and 

(4) deficiencies in managed care contracts and services, which hinder the placement and maintenance of persons with disabilities in community settings. 

In conducting this study, the commissioner shall survey counties concerning their interest in and need for services that could be provided by state-operated services. The commissioner shall also consult with the appropriate exclusive bargaining unit representatives. The commissioner shall report findings to the legislature by February 1, 1998.