Minnesota 2025-2026 Regular Session

Minnesota House Bill HF2586 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to state-operated services; extending cost of care exemption for certain
3	3	1.3 committed persons and 48-hour rule for admissions; establishing the Priority
4	4	1.4 Admission Review Panel; requiring creation of a Direct Care and Treatment
5	5	1.5 admissions dashboard and a limited exemption for admissions from hospital
6	6	1.6 settings; requiring a report; amending Minnesota Statutes 2024, sections 246.54,
7	7	1.7 subdivisions 1a, 1b; 253B.10, subdivision 1.
8	8	1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
9	9	1.9 Section 1. Minnesota Statutes 2024, section 246.54, subdivision 1a, is amended to read:
10	10	1.10 Subd. 1a.Anoka-Metro Regional Treatment Center.(a) A county's payment of the
11	11	1.11cost of care provided at Anoka-Metro Regional Treatment Center shall be according to the
12	12	1.12following schedule:
13	13	1.13 (1) zero percent for the first 30 days;
14	14	1.14 (2) 20 percent for days 31 and over if the stay is determined to be clinically appropriate
15	15	1.15for the client; and
16	16	1.16 (3) 100 percent for each day during the stay, including the day of admission, when the
17	17	1.17facility determines that it is clinically appropriate for the client to be discharged.
18	18	1.18 (b) If payments received by the state under sections 246.50 to 246.53 exceed 80 percent
19	19	1.19of the cost of care for days over 31 for clients who meet the criteria in paragraph (a), clause
20	20	1.20(2), the county shall be responsible for paying the state only the remaining amount. The
21	21	1.21county shall not be entitled to reimbursement from the client, the client's estate, or from the
22	22	1.22client's relatives, except as provided in section 246.53.
23	23	1Section 1.
24	24	REVISOR AGW/DG 25-0399203/13/25
25	25	State of Minnesota
26	26	This Document can be made available
27	27	in alternative formats upon request
28	28	HOUSE OF REPRESENTATIVES
29	29	H. F. No. 2586
30	30	NINETY-FOURTH SESSION
31	31	Authored by Frederick, Virnig, Keeler and Momanyi-Hiltsley03/20/2025
32	32	The bill was read for the first time and referred to the Committee on Human Services Finance and Policy 2.1 (c) Between July 1, 2023, and March 31 Beginning July 1, 2025, the county is not
33	33	2.2responsible for the cost of care under paragraph (a), clause (3), for a person who is committed
34	34	2.3as a person who has a mental illness and is dangerous to the public under section 253B.18
35	35	2.4and who is awaiting transfer to another state-operated facility or program. This paragraph
36	36	2.5expires March 31, 2025.
37	37	2.6 (d) Between April 1, 2025, and June 30 Beginning July 1, 2025, the county is not
38	38	2.7responsible for the cost of care under paragraph (a), clause (3), for a person who is civilly
39	39	2.8committed, if the client is awaiting transfer:
40	40	2.9 (1) to a facility operated by the Department of Corrections; or
41	41	2.10 (2) to another state-operated facility or program, and the Direct Care and Treatment
42	42	2.11executive medical director's office or a designee has determined that:
43	43	2.12 (i) the client meets criteria for admission to that state-operated facility or program; and
44	44	2.13 (ii) the state-operated facility or program is the only facility or program that can
45	45	2.14reasonably serve the client. This paragraph expires June 30, 2025.
46	46	2.15 (e) Notwithstanding any law to the contrary, the client is not responsible for payment
47	47	2.16of the cost of care under this subdivision.
48	48	2.17 EFFECTIVE DATE.This section is effective retroactively from March 30, 2025.
49	49	2.18 Sec. 2. Minnesota Statutes 2024, section 246.54, subdivision 1b, is amended to read:
50	50	2.19 Subd. 1b.Community behavioral health hospitals.(a) A county's payment of the cost
51	51	2.20of care provided at state-operated community-based behavioral health hospitals for adults
52	52	2.21and children shall be according to the following schedule:
53	53	2.22 (1) 100 percent for each day during the stay, including the day of admission, when the
54	54	2.23facility determines that it is clinically appropriate for the client to be discharged; and
55	55	2.24 (2) the county shall not be entitled to reimbursement from the client, the client's estate,
56	56	2.25or from the client's relatives, except as provided in section 246.53.
57	57	2.26 (b) Between July 1, 2023, and March 31 Beginning July 1, 2025, the county is not
58	58	2.27responsible for the cost of care under paragraph (a), clause (1), for a person committed as
59	59	2.28a person who has a mental illness and is dangerous to the public under section 253B.18 and
60	60	2.29who is awaiting transfer to another state-operated facility or program. This paragraph expires
61	61	2.30March 31, 2025.
62	62	2Sec. 2.
63	63	REVISOR AGW/DG 25-0399203/13/25 3.1 (c) Between April 1, 2025, and June 30 Beginning July 1, 2025, the county is not
64	64	3.2responsible for the cost of care under paragraph (a), clause (1), for a person who is civilly
65	65	3.3committed, if the client is awaiting transfer:
66	66	3.4 (1) to a facility operated by the Department of Corrections; or
67	67	3.5 (2) to another state-operated facility or program, and the Direct Care and Treatment
68	68	3.6executive medical director's office or a designee has determined that:
69	69	3.7 (i) the client meets criteria for admission to that state-operated facility or program; and
70	70	3.8 (ii) the state-operated facility or program is the only facility or program that can
71	71	3.9reasonably serve the client. This paragraph expires June 30, 2025.
72	72	3.10 (d) Notwithstanding any law to the contrary, the client is not responsible for payment
73	73	3.11of the cost of care under this subdivision.
74	74	3.12 EFFECTIVE DATE.This section is effective retroactively from March 30, 2025.
75	75	3.13 Sec. 3. Minnesota Statutes 2024, section 253B.10, subdivision 1, is amended to read:
76	76	3.14 Subdivision 1.Administrative requirements.(a) When a person is committed, the
77	77	3.15court shall issue a warrant or an order committing the patient to the custody of the head of
78	78	3.16the treatment facility, state-operated treatment program, or community-based treatment
79	79	3.17program. The warrant or order shall state that the patient meets the statutory criteria for
80	80	3.18civil commitment.
81	81	3.19 (b) The executive board shall prioritize civilly committed patients being admitted from
82	82	3.20jail or a correctional institution or who are referred to a state-operated treatment facility for
83	83	3.21competency attainment or a competency examination under sections 611.40 to 611.59 for
84	84	3.22admission to a medically appropriate state-operated direct care and treatment bed based on
85	85	3.23the decisions of physicians in the executive medical director's office, using a priority
86	86	3.24admissions framework. The framework must account for a range of factors for priority
87	87	3.25admission, including but not limited to:
88	88	3.26 (1) the length of time the person has been on a waiting list for admission to a
89	89	3.27state-operated direct care and treatment program since the date of the order under paragraph
90	90	3.28(a), or the date of an order issued under sections 611.40 to 611.59;
91	91	3.29 (2) the intensity of the treatment the person needs, based on medical acuity;
92	92	3.30 (3) the person's revoked provisional discharge status;
93	93	3.31 (4) the person's safety and safety of others in the person's current environment;
94	94	3Sec. 3.
95	95	REVISOR AGW/DG 25-0399203/13/25 4.1 (5) whether the person has access to necessary or court-ordered treatment;
96	96	4.2 (6) distinct and articulable negative impacts of an admission delay on the facility referring
97	97	4.3the individual for treatment; and
98	98	4.4 (7) any relevant federal prioritization requirements.
99	99	4.5Patients described in this paragraph must be admitted to a state-operated treatment program
100	100	4.6within 48 hours. The commitment must be ordered by the court as provided in section
101	101	4.7253B.09, subdivision 1, paragraph (d). Patients committed to a secure treatment facility or
102	102	4.8less restrictive setting as ordered by the court under section 253B.18, subdivisions 1 and 2,
103	103	4.9must be prioritized for admission to a state-operated treatment program using the priority
104	104	4.10admissions framework in this paragraph.
105	105	4.11 (c) Upon the arrival of a patient at the designated treatment facility, state-operated
106	106	4.12treatment program, or community-based treatment program, the head of the facility or
107	107	4.13program shall retain the duplicate of the warrant and endorse receipt upon the original
108	108	4.14warrant or acknowledge receipt of the order. The endorsed receipt or acknowledgment must
109	109	4.15be filed in the court of commitment. After arrival, the patient shall be under the control and
110	110	4.16custody of the head of the facility or program.
111	111	4.17 (d) Copies of the petition for commitment, the court's findings of fact and conclusions
112	112	4.18of law, the court order committing the patient, the report of the court examiners, and the
113	113	4.19prepetition report, and any medical and behavioral information available shall be provided
114	114	4.20at the time of admission of a patient to the designated treatment facility or program to which
115	115	4.21the patient is committed. Upon a patient's referral to the executive board for admission
116	116	4.22pursuant to subdivision 1, paragraph (b), any inpatient hospital, treatment facility, jail, or
117	117	4.23correctional facility that has provided care or supervision to the patient in the previous two
118	118	4.24years shall, when requested by the treatment facility or executive board, provide copies of
119	119	4.25the patient's medical and behavioral records to the executive board for purposes of
120	120	4.26preadmission planning. This information shall be provided by the head of the treatment
121	121	4.27facility to treatment facility staff in a consistent and timely manner and pursuant to all
122	122	4.28applicable laws.
123	123	4.29 (e) Patients described in paragraph (b) must be admitted to a state-operated treatment
124	124	4.30program within 48 hours of the Office of Executive Medical Director, under section 246C.09,
125	125	4.31or a designee determining that a medically appropriate bed is available. This paragraph
126	126	4.32expires on June 30, 2025 2027.
127	127	4.33 (f) Within four business days of determining which state-operated direct care and
128	128	4.34treatment program or programs are appropriate for an individual, the executive medical
129	129	4Sec. 3.
130	130	REVISOR AGW/DG 25-0399203/13/25 5.1director's office or a designee must notify the source of the referral and the responsible
131	131	5.2county human services agency, the individual being ordered to direct care and treatment,
132	132	5.3and the district court that issued the order of the determination. The notice shall include
133	133	5.4which program or programs are appropriate for the person's priority status. Any interested
134	134	5.5person may provide additional information or request updated priority status about the
135	135	5.6individual to the executive medical director's office or a designee while the individual is
136	136	5.7awaiting admission. Updated priority status of an individual will only be disclosed to
137	137	5.8interested persons who are legally authorized to receive private information about the
138	138	5.9individual. When an available bed has been identified, the executive medical director's
139	139	5.10office or a designee must notify the designated agency and the facility where the individual
140	140	5.11is awaiting admission that the individual has been accepted for admission to a particular
141	141	5.12state-operated direct care and treatment program and the earliest possible date the admission
142	142	5.13can occur. The designated agency or facility where the individual is awaiting admission
143	143	5.14must transport the individual to the admitting state-operated direct care and treatment
144	144	5.15program no more than 48 hours after the offered admission date.
145	145	5.16 Sec. 4. PRIORITY ADMISSIONS REVIEW PANEL.
146	146	5.17 (a) The Priority Admissions Review Panel is established.
147	147	5.18 (b) The Direct Care and Treatment executive board shall appoint the members of the
148	148	5.19panel. The panel must consist of all members who served on the Task Force on Priority
149	149	5.20Admissions to State-Operated Treatment Programs under Laws 2023, chapter 61, article 8,
150	150	5.21section 13, subdivision 2, and one member who has an active role as a union representative
151	151	5.22representing staff at Direct Care and Treatment appointed by joint representatives of the
152	152	5.23American Federation of State, County and Municipal Employees (AFSCME); Minnesota
153	153	5.24Association of Professional Employees (MAPE); Minnesota Nurses Association (MNA);
154	154	5.25Middle Management Association (MMA); and State Residential Schools Education
155	155	5.26Association (SRSEA).
156	156	5.27 (c) The panel must:
157	157	5.28 (1) evaluate the 48-hour timeline for priority admissions required under Minnesota
158	158	5.29Statutes, section 253B.10, subdivision 1, paragraph (b), and measure progress toward
159	159	5.30implementing the recommendations of the task force;
160	160	5.31 (2) develop policy and legislative proposals related to the priority admissions timeline
161	161	5.32in order to minimize litigation costs, maximize capacity in and access to direct care and
162	162	5.33treatment programs, and address issues related to individuals awaiting admission to direct
163	163	5.34care and treatment programs in jails and correctional institutions;
164	164	5Sec. 4.
165	165	REVISOR AGW/DG 25-0399203/13/25 6.1 (3) by February 1, 2026, submit a written report to the chairs and ranking minority
166	166	6.2members of the legislative committees with jurisdiction over public safety and human
167	167	6.3services that includes legislative proposals to carry out recommendations; and
168	168	6.4 (4) review quarterly data provided by the executive board to measure the impact of
169	169	6.5changes, including:
170	170	6.6 (i) priority admission waitlist data, including the time each individual spends on the
171	171	6.7waitlist;
172	172	6.8 (ii) data regarding engagement by the admissions team;
173	173	6.9 (iii) priority notice data; and
174	174	6.10 (iv) other similar data relating to admissions.
175	175	6.11 Sec. 5. DIRECT CARE AND TREATMENT ADMISSIONS DASHBOARD.
176	176	6.12 (a) By January 1, 2026, the Direct Care and Treatment executive board must publish a
177	177	6.13publicly accessible dashboard on the agency's website regarding referrals under Minnesota
178	178	6.14Statutes, section 253B.10, subdivision 1, paragraph (b).
179	179	6.15 (b) The dashboard required under paragraph (a) must include data on:
180	180	6.16 (1) how many individuals are on the waitlists;
181	181	6.17 (2) how long the shortest, average, and longest wait times are for admission to Direct
182	182	6.18Care and Treatment facilities; and
183	183	6.19 (3) the number of referrals, admissions, and waitlists and the length of time of individuals
184	184	6.20on waitlists; and
185	185	6.21 (4) framework categories and referral sources.
186	186	6.22 (c) Any published data must be deidentified.
187	187	6.23 (d) Data on the dashboard are public data under Minnesota Statutes, section 13.03.
188	188	6.24 (e) The executive board must update the dashboard quarterly.
189	189	6.25 (f) The executive board must also include relevant admissions policies and contact
190	190	6.26information for the Direct Care and Treatment Central Preadmission Office on the dashboard
191	191	6.27required under paragraph (a).
192	192	6.28 (g) The executive board must provide information about an individual's relative placement
193	193	6.29on the waitlist upon request by the individual or the individual's legal representative.
194	194	6.30Information about the individual's relative placement on the waitlist must be designated as
195	195	6Sec. 5.
196	196	REVISOR AGW/DG 25-0399203/13/25 7.1confidential under Minnesota Statutes, section 13.02, subdivision 3, if the information
197	197	7.2jeopardizes the health or wellbeing of the individual.
198	198	7.3 Sec. 6. DIRECTION FOR LIMITED EXCEPTION FOR ADMISSIONS FROM
199	199	7.4HOSPITAL SETTINGS.
200	200	7.5 (a) The commissioner of human services or a designee must immediately approve an
201	201	7.6exception to add up to ten patients per fiscal year who have been civilly committed and are
202	202	7.7in hospital settings to the admission waitlist for medically appropriate direct care and
203	203	7.8treatment beds under Minnesota Statutes, section 253B.10, subdivision 1, paragraph (b).
204	204	7.9 (b) The Direct Care and Treatment executive board is subject to the requirement under
205	205	7.10paragraph (a) on and after the transfer of duties on July 1, 2025, from the commissioner of
206	206	7.11human services to the executive board under Minnesota Statutes, section 246C.04.
207	207	7.12 (c) This section expires June 30, 2027.
208	208	7.13 EFFECTIVE DATE.This section is effective the day following final enactment.
209	209	7Sec. 6.
210	210	REVISOR AGW/DG 25-0399203/13/25