Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF2628 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		1.1 A bill for an act
2	2		1.2 relating to direct care and treatment; modifying county cost of care provisions;
3	3		1.3 modifying required admission timelines; requiring a report; appropriating money;
4	4		1.4 amending Minnesota Statutes 2024, sections 246.54, subdivisions 1a, 1b; 246C.07,
5	5		1.5 by adding a subdivision; 253B.10, subdivision 1; proposing coding for new law
6	6		1.6 in Minnesota Statutes, chapter 253B.
7	7		1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
8	8		1.8 Section 1. Minnesota Statutes 2024, section 246.54, subdivision 1a, is amended to read:
9	9		1.9 Subd. 1a.Anoka-Metro Regional Treatment Center.(a) A county's payment of the
10	10		1.10cost of care provided at Anoka-Metro Regional Treatment Center shall be according to the
11	11		1.11following schedule:
12	12		1.12 (1) zero percent for the first 30 days;
13	13		1.13 (2) 20 percent for days 31 and over if the stay is determined to be clinically appropriate
14	14		1.14for the client; and
15	15		1.15 (3) 100 percent for each day during the stay, including the day of admission, when the
16	16		1.16facility determines that it is clinically appropriate for the client to be discharged, except as
17	17		1.17provided in paragraph (c).
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		-	~~S2628-1 1st Engrossment~~~~SF2628~~ REVISOR AGW
	24	+	25-04585 as introduced03/10/25 REVISOR AGW/VJ
25	25		SENATE
26	26		STATE OF MINNESOTA
27	27		S.F. No. 2628NINETY-FOURTH SESSION
28	28		(SENATE AUTHORS: RASMUSSON, Hoffman and Anderson)
29	29		OFFICIAL STATUSD-PGDATE
30		-	Introduction and first reading86203/17/2025
31		-	Referred to Human Services
32		-	Comm report: Amended, No recommendation, re-referred to State and Local Government03/27/2025 2.1 (c) Between July 1, 2023, and March 31, 2025, the county is not responsible for the cost
	30	+	Introduction and first reading03/17/2025
	31	+	Referred to Human Services 2.1 (c) Between July 1, 2023, and March 31, 2025, the county is not responsible for the cost
33	32		2.2of care under paragraph (a), clause (3), for a person who is committed as a person who has
34	33		2.3a mental illness and is dangerous to the public under section 253B.18 and who is awaiting
35	34		2.4transfer to another state-operated facility or program. This paragraph expires March 31,
36	35		2.52025.
37	36		2.6 (d) Between April 1, 2025, and June 30, 2025, (c) The county is not responsible for the
38	37		2.7cost of care under paragraph (a), clause (3), for a person who is civilly committed, if the
39	38		2.8client is awaiting transfer:
40	39		2.9 (1) to a facility operated by the Department of Corrections; or
41	40		2.10 (2) to another state-operated facility or program, and the Direct Care and Treatment
42	41		2.11executive medical director's office or a designee has determined that:
43	42		2.12 (i) the client meets criteria for admission to that state-operated facility or program; and
44	43		2.13 (ii) the state-operated facility or program is the only facility or program that can
45	44		2.14reasonably serve the client. This paragraph expires June 30, 2025.
46	45		2.15 (e) (d) Notwithstanding any law to the contrary, the client is not responsible for payment
47	46		2.16of the cost of care under this subdivision.
48	47		2.17 EFFECTIVE DATE.This section is effective the day following final enactment.
49	48		2.18 Sec. 2. Minnesota Statutes 2024, section 246.54, subdivision 1b, is amended to read:
50	49		2.19 Subd. 1b.Community behavioral health hospitals.(a) A county's payment of the cost
51	50		2.20of care provided at state-operated community-based behavioral health hospitals for adults
52	51		2.21and children shall be according to the following schedule: (1) 100 percent for each day
53	52		2.22during the stay, including the day of admission, when the facility determines that it is
54	53		2.23clinically appropriate for the client to be discharged; and, except as provided in paragraph
55	54		2.24(c).
56	55		2.25 (2) (b) The county shall not be entitled to reimbursement from the client, the client's
57	56		2.26estate, or from the client's relatives, except as provided in section 246.53.
58	57		2.27 (b) Between July 1, 2023, and March 31, 2025, the county is not responsible for the cost
59	58		2.28of care under paragraph (a), clause (1), for a person committed as a person who has a mental
60	59		2.29illness and is dangerous to the public under section 253B.18 and who is awaiting transfer
61	60		2.30to another state-operated facility or program. This paragraph expires March 31, 2025.
62	61		2Sec. 2.
63		-	~~S2628-1 1st Engrossment~~~~SF2628~~ REVISOR AGW 3.1 (c) Between April 1, 2025, and June 30, 2025, The county is not responsible for the cost
	62	+	25-04585 as introduced03/10/25 REVISOR AGW/VJ 3.1 (c) Between April 1, 2025, and June 30, 2025, The county is not responsible for the cost
64	63		3.2of care under paragraph (a), clause (1), for a person who is civilly committed, if the client
65	64		3.3is awaiting transfer:
66	65		3.4 (1) to a facility operated by the Department of Corrections; or
67	66		3.5 (2) to another state-operated facility or program, and the Direct Care and Treatment
68	67		3.6executive medical director's office or a designee has determined that:
69	68		3.7 (i) the client meets criteria for admission to that state-operated facility or program; and
70	69		3.8 (ii) the state-operated facility or program is the only facility or program that can
71	70		3.9reasonably serve the client. This paragraph expires June 30, 2025.
72	71		3.10 (d) Notwithstanding any law to the contrary, the client is not responsible for payment
73	72		3.11of the cost of care under this subdivision.
74	73		3.12 EFFECTIVE DATE.This section is effective the day following final enactment.
75	74		3.13 Sec. 3. Minnesota Statutes 2024, section 246C.07, is amended by adding a subdivision to
76	75		3.14read:
77	76		3.15 Subd. 9.Public notice of admission metrics.The executive board must establish and
78	77		3.16update monthly a publicly accessible dashboard that displays data on referrals for services
79	78		3.17provided by Direct Care and Treatment, including referrals resulting from a court order for
80	79		3.18competency attainment, a competency examination, or treatment following civil commitment.
81	80		3.19The dashboard must include at least measures of the number of individuals awaiting
82	81		3.20admission or acceptance into a program operated by Direct Care and Treatment; the number
83	82		3.21of individuals awaiting admission or acceptance into a program operated by Direct Care
84	83		3.22and Treatment, by program; the longest, shortest, and average time individuals are on a
85	84		3.23waitlist; and the longest, shortest, and average time individuals are on a waitlist, by program.
86	85		3.24The executive board must also publish monthly publicly relevant information regarding
87	86		3.25admissions policies, procedures, and factors impacting relative priority status.
88	87		3.26 Sec. 4. Minnesota Statutes 2024, section 253B.10, subdivision 1, is amended to read:
89	88		3.27 Subdivision 1.Administrative requirements.(a) When a person is committed, the
90	89		3.28court shall issue a warrant or an order committing the patient to the custody of the head of
91	90		3.29the treatment facility, state-operated treatment program, or community-based treatment
92	91		3.30program. The warrant or order shall state that the patient meets the statutory criteria for
93	92		3.31civil commitment.
94	93		3Sec. 4.
95		-	~~S2628-1 1st Engrossment~~~~SF2628~~ REVISOR AGW 4.1 (b) The executive board shall prioritize civilly committed patients being admitted from
	94	+	25-04585 as introduced03/10/25 REVISOR AGW/VJ 4.1 (b) The executive board shall prioritize civilly committed patients being admitted from
96	95		4.2jail or a correctional institution or who are referred to a state-operated treatment facility for
97	96		4.3competency attainment or a competency examination under sections 611.40 to 611.59 for
98	97		4.4admission to a medically appropriate state-operated direct care and treatment bed based on
99	98		4.5the decisions of physicians in the executive medical director's office, using a priority
100	99		4.6admissions framework. The framework must account for a range of factors for priority
101	100		4.7admission, including but not limited to:
102	101		4.8 (1) the length of time the person has been on a waiting list for admission to a
103	102		4.9state-operated direct care and treatment program since the date of the order under paragraph
104	103		4.10(a), or the date of an order issued under sections 611.40 to 611.59;
105	104		4.11 (2) the intensity of the treatment the person needs, based on medical acuity;
106	105		4.12 (3) the person's revoked provisional discharge status;
107	106		4.13 (4) the person's safety and safety of others in the person's current environment;
108	107		4.14 (5) whether the person has access to necessary or court-ordered treatment;
109	108		4.15 (6) distinct and articulable negative impacts of an admission delay on the facility referring
110	109		4.16the individual for treatment; and
111	110		4.17 (7) any relevant federal prioritization requirements.
112	111		4.18Patients described in this paragraph must be admitted to a state-operated treatment program
113	112		4.19within 48 hours the timelines specified in section 253B.1005. The commitment must be
114	113		4.20ordered by the court as provided in section 253B.09, subdivision 1, paragraph (d). Patients
115	114		4.21committed to a secure treatment facility or less restrictive setting as ordered by the court
116	115		4.22under section 253B.18, subdivisions 1 and 2, must be prioritized for admission to a
117	116		4.23state-operated treatment program using the priority admissions framework in this paragraph.
118	117		4.24 (c) Upon the arrival of a patient at the designated treatment facility, state-operated
119	118		4.25treatment program, or community-based treatment program, the head of the facility or
120	119		4.26program shall retain the duplicate of the warrant and endorse receipt upon the original
121	120		4.27warrant or acknowledge receipt of the order. The endorsed receipt or acknowledgment must
122	121		4.28be filed in the court of commitment. After arrival, the patient shall be under the control and
123	122		4.29custody of the head of the facility or program.
124	123		4.30 (d) Copies of the petition for commitment, the court's findings of fact and conclusions
125	124		4.31of law, the court order committing the patient, the report of the court examiners, and the
126	125		4.32prepetition report, and any medical and behavioral information available shall be provided
127	126		4.33at the time of admission of a patient to the designated treatment facility or program to which
128	127		4Sec. 4.
129		-	~~S2628-1 1st Engrossment~~~~SF2628~~ REVISOR AGW 5.1the patient is committed. Upon a patient's referral to the executive board for admission
	128	+	25-04585 as introduced03/10/25 REVISOR AGW/VJ 5.1the patient is committed. Upon a patient's referral to the executive board for admission
130	129		5.2pursuant to subdivision 1, paragraph (b), any inpatient hospital, treatment facility, jail, or
131	130		5.3correctional facility that has provided care or supervision to the patient in the previous two
132	131		5.4years shall, when requested by the treatment facility or executive board, provide copies of
133	132		5.5the patient's medical and behavioral records to the executive board for purposes of
134	133		5.6preadmission planning. This information shall be provided by the head of the treatment
135	134		5.7facility to treatment facility staff in a consistent and timely manner and pursuant to all
136	135		5.8applicable laws.
137	136		5.9 (e) Patients described in paragraph (b) must be admitted to a state-operated treatment
138	137		5.10program within 48 hours of the Office of Executive Medical Director, under section 246C.09,
139	138		5.11or a designee determining that a medically appropriate bed is available. This paragraph
140	139		5.12expires on June 30, 2025.
141	140		5.13 (f) (e) Within four business days of determining which state-operated direct care and
142	141		5.14treatment program or programs are appropriate for an individual, the executive medical
143	142		5.15director's office director or a designee must notify the source of the referral and the
144	143		5.16responsible county human services agency, the individual being ordered to direct care and
145	144		5.17treatment, and the district court that issued the order of the determination. The notice shall
146	145		5.18include which program or programs are appropriate for the person's relative priority status
147	146		5.19by quartile and the factors impacting the person's priority status, projected admission date,
148	147		5.20and contact information for the Direct Care and Treatment Central Preadmissions Office.
149	148		5.21For any individuals not admitted to a state-operated direct care and treatment program within
150	149		5.22ten business days after previous notice, the executive medical director or a designee must
151	150		5.23provide additional notice to the responsible county human services agency, the individual
152	151		5.24being ordered to direct care and treatment, and the district court that issued the order of the
153	152		5.25determination. The additional notice must include updates to the same information provided
154	153		5.26in the previous notice. Any interested person or the individual being ordered to direct care
155	154		5.27and treatment may provide additional information to or request updated priority status about
156	155		5.28the individual to from the executive medical director's office or a designee while the
157	156		5.29individual is awaiting admission. Updated Priority status of information regarding an
158	157		5.30individual will only be disclosed to interested persons who are legally authorized to receive
159	158		5.31private information about the individual, including the designated agency and the facility
160	159		5.32to which the individual is awaiting admission. Specific updated priority status information
161	160		5.33may be withheld from the individual being ordered to direct care and treatment if in the
162	161		5.34judgment of the physicians in the executive medical director's office the information will
163	162		5.35jeopardize the health or wellbeing of the individual. When an available bed has been
164	163		5Sec. 4.
165		-	~~S2628-1 1st Engrossment~~~~SF2628~~ REVISOR AGW 6.1identified, the executive medical director's office or a designee must notify the designated
	164	+	25-04585 as introduced03/10/25 REVISOR AGW/VJ 6.1identified, the executive medical director's office or a designee must notify the designated
166	165		6.2agency and the facility where the individual is awaiting admission that the individual has
167	166		6.3been accepted for admission to a particular state-operated direct care and treatment program
168	167		6.4and the earliest possible date the admission can occur. The designated agency or facility
169	168		6.5where the individual is awaiting admission must transport the individual to the admitting
170	169		6.6state-operated direct care and treatment program no more than 48 hours after the offered
171	170		6.7admission date.
172	171		6.8 Sec. 5. [253B.1005] ADMISSION TIMELINES.
173	172		6.9 Subdivision 1.Admission required within 48 hours.Patients described in section
174	173		6.10253B.10, subdivision 1, paragraph (b), must be admitted to a state-operated treatment
175	174		6.11program within 48 hours. This subdivision expires upon the effective date of subdivision
176	175		6.122.
177	176		6.13 Subd. 2.Admission required within ten days.Effective upon capacity at secure forensic
178	177		6.14mental health treatment facilities operated by Direct Care and Treatment reaching 431 fully
179	178		6.15staffed and operational beds, capacity at Anoka-Metro Regional Treatment Center reaching
180	179		6.16132 fully staffed and operational beds, and the total capacity at adult community behavioral
181	180		6.17health hospitals operated by Direct Care and Treatment reaching 115 fully staffed and
182	181		6.18operational beds, patients described in section 253B.10, subdivision 1, paragraph (b), must
183	182		6.19be admitted to a state-operated treatment program within ten calendar days.
184	183		6.20 EFFECTIVE DATE.This section is effective July 1, 2025.
185	184		6.21 Sec. 6. [253B.101] COST OF DELAYED ADMISSION.
186	185		6.22 The Direct Care and Treatment executive board must reimburse any state agency, county,
187	186		6.23municipality, or other political subdivision of the state for demonstrated costs incurred
188	187		6.24beyond the first 30 calendar days to confine a civilly committed patient in a jail or a
189	188		6.25correctional institution who is awaiting admission to a state-operated treatment program.
190	189		6.26 EFFECTIVE DATE.This section is effective July 1, 2025, and applies to civil
191	190		6.27commitments occurring on or after that date.
192	191		6.28 Sec. 7. PRIORITY ADMISSIONS REVIEW PANEL.
193	192		6.29 (a) A panel appointed by the Direct Care and Treatment executive board, consisting of
194	193		6.30all members who served on the Priority Admissions Review Panel under Laws 2024, chapter
195	194		6.31127, article 49, section 7, must:
196	195		6Sec. 7.
197		-	~~S2628-1 1st Engrossment~~~~SF2628~~ REVISOR AGW 7.1 (1) evaluate existing mobile crisis programs and funding and make recommendations
	196	+	25-04585 as introduced03/10/25 REVISOR AGW/VJ 7.1 (1) evaluate existing mobile crisis programs and funding and make recommendations
198	197		7.2to improve the quality and availability of mobile crisis services in the state;
199	198		7.3 (2) evaluate the county correctional facility long-acting injectable antipsychotic
200	199		7.4medication pilot program established under Laws 2024, chapter 127, article 49, section 12,
201	200		7.5and make recommendations related to the continuation of the pilot program;
202	201		7.6 (3) evaluate existing intensive residential treatment services and make recommendations
203	202		7.7to improve the quality and availability of intensive residential treatment services in the state;
204	203		7.8and
205	204		7.9 (4) study local fiscal impacts and provide evaluation support consistent with Minnesota
206	205		7.10Statutes, section 16A.055, subdivision 1a, of the limited capacity in and access to
207	206		7.11state-operated treatment programs, nonstate-operated treatment programs, competency
208	207		7.12evaluations, and competency attainment services.
209	208		7.13 (b) The commissioner of management and budget must provide the panel with technical
210	209		7.14assistance and with outcome and fiscal analysis for the purposes of the study of local fiscal
211	210		7.15impacts under paragraph (a), clause (4).
212	211		7.16 (c) By February 1, 2026, the panel must submit a written report to the chairs and ranking
213	212		7.17minority members of the legislative committees with jurisdiction over public safety and
214	213		7.18human services that includes the results of the panel's evaluations and study under paragraph
215	214		7.19(a) and any legislative proposals the panel recommends as a result of its evaluations and
216	215		7.20study.
217		-	7.21 Sec. 8. DIRECTION FOR LIMITED EXCEPTION FOR ADMISSIONS FROM
218		-	7.22HOSPITAL SETTINGS.
219		-	7.23 (a) The commissioner of human services or a designee must immediately approve an
220		-	7.24exception to add up to ten patients per fiscal year who have been civilly committed and are
221		-	7.25in hospital settings to the admission waitlist for medically appropriate direct care and
222		-	7.26treatment beds under Minnesota Statutes, section 253B.10, subdivision 1, paragraph (b).
223		-	7.27 (b) The Direct Care and Treatment executive board is subject to the requirement under
224		-	7.28paragraph (a) on and after the transfer of duties on July 1, 2025, from the commissioner of
225		-	7.29human services to the executive board under Minnesota Statutes, section 246C.04.
226		-	7.30 (c) This section expires June 30, 2027.
227		-	7.31 EFFECTIVE DATE.This section is effective the day following final enactment.
228		-	7Sec. 8.
229		-	S2628-1 1st EngrossmentSF2628 REVISOR AGW 8.1 Sec. 9. APPROPRIATION; EXPANDED CAPACITY AT SECURE TREATMENT
230		-	8.2FACILITIES.
231		-	8.3 $....... in fiscal year 2026 and $....... in fiscal year 2027 are appropriated from the general
232		-	8.4fund to the Direct Care and Treatment executive board to expand forensic mental health
233		-	8.5program capacity at secure treatment facilities by 20 percent over the available capacity as
234		-	8.6of June 30, 2025. The expanded capacity is estimated to be an additional 72 fully staffed
235		-	8.7beds.
236		-	8.8 Sec. 10. APPROPRIATION; EXPANDED CAPACITY AT ANOKA-METRO
237		-	8.9REGIONAL TREATMENT CENTER.
238		-	8.10 $....... in fiscal year 2026 and $....... in fiscal year 2027 are appropriated from the general
239		-	8.11fund to the Direct Care and Treatment executive board to expand adult mental health
240		-	8.12treatment service capacity at Anoka-Metro Regional Treatment Center by 20 percent over
241		-	8.13the available capacity as of June 30, 2025. The expanded capacity is estimated to be an
242		-	8.14additional 22 fully staffed beds.
243		-	8.15 Sec. 11. APPROPRIATION; EXPANDED CAPACITY AT ADULT COMMUNITY
244		-	8.16BEHAVIOR HEALTH HOSPITALS.
245		-	8.17 $....... in fiscal year 2026 and $....... in fiscal year 2027 are appropriated from the general
246		-	8.18fund to the Direct Care and Treatment executive board to expand adult mental health service
247		-	8.19capacity at community behavioral health hospitals by 20 percent over the available capacity
248		-	8.20as of June 30, 2025. The expanded capacity is estimated to be an additional 19 fully staffed
249		-	8.21beds.
250		-	8Sec. 11.
251		-	S2628-1 1st EngrossmentSF2628 REVISOR AGW
	216	+	7.21 Sec. 8. APPROPRIATION; EXPANDED CAPACITY AT SECURE TREATMENT
	217	+	7.22FACILITIES.
	218	+	7.23 $....... in fiscal year 2026 and $....... in fiscal year 2027 are appropriated from the general
	219	+	7.24fund to the Direct Care and Treatment executive board to expand forensic mental health
	220	+	7.25program capacity at secure treatment facilities by 20 percent over the available capacity as
	221	+	7.26of June 30, 2025. The expanded capacity is estimated to be an additional 72 fully staffed
	222	+	7.27beds.
	223	+	7.28 Sec. 9. APPROPRIATION; EXPANDED CAPACITY AT ANOKA-METRO
	224	+	7.29REGIONAL TREATMENT CENTER.
	225	+	7.30 $....... in fiscal year 2026 and $....... in fiscal year 2027 are appropriated from the general
	226	+	7.31fund to the Direct Care and Treatment executive board to expand adult mental health
	227	+	7.32treatment service capacity at Anoka-Metro Regional Treatment Center by 20 percent over
	228	+	7Sec. 9.
	229	+	25-04585 as introduced03/10/25 REVISOR AGW/VJ 8.1the available capacity as of June 30, 2025. The expanded capacity is estimated to be an
	230	+	8.2additional 22 fully staffed beds.
	231	+	8.3 Sec. 10. APPROPRIATION; EXPANDED CAPACITY AT ADULT COMMUNITY
	232	+	8.4BEHAVIOR HEALTH HOSPITALS.
	233	+	8.5 $....... in fiscal year 2026 and $....... in fiscal year 2027 are appropriated from the general
	234	+	8.6fund to the Direct Care and Treatment executive board to expand adult mental health service
	235	+	8.7capacity at community behavioral health hospitals by 20 percent over the available capacity
	236	+	8.8as of June 30, 2025. The expanded capacity is estimated to be an additional 19 fully staffed
	237	+	8.9beds.
	238	+	8Sec. 10.
	239	+	25-04585 as introduced03/10/25 REVISOR AGW/VJ