Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF2902 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 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		-	~~S2902-1 1st Engrossment~~~~SF2902~~ REVISOR AGW
	24	+	25-03992 as introduced03/13/25 REVISOR AGW/DG
25	25		SENATE
26	26		STATE OF MINNESOTA
27	27		S.F. No. 2902NINETY-FOURTH SESSION
28	28		(SENATE AUTHORS: ABELER)
29	29		OFFICIAL STATUSD-PGDATE
30		-	Introduction and first reading100903/24/2025
31		-	Referred to Human Services
32		-	Comm report: To pass and re-referred to State and Local Government114604/01/2025
33		-	Comm report: To pass as amended and re-refer to Human Services04/07/2025 2.1 (c) Between July 1, 2023, and March 31 Beginning July 1, 2025, the county is not
	30	+	Introduction and first reading03/24/2025
	31	+	Referred to Human Services 2.1 (c) Between July 1, 2023, and March 31 Beginning July 1, 2025, the county is not
34	32		2.2responsible for the cost of care under paragraph (a), clause (3), for a person who is committed
35	33		2.3as a person who has a mental illness and is dangerous to the public under section 253B.18
36	34		2.4and who is awaiting transfer to another state-operated facility or program. This paragraph
37	35		2.5expires March 31, 2025.
38	36		2.6 (d) Between April 1, 2025, and June 30 Beginning July 1, 2025, the county is not
39	37		2.7responsible for the cost of care under paragraph (a), clause (3), for a person who is civilly
40	38		2.8committed, if the client is awaiting transfer:
41	39		2.9 (1) to a facility operated by the Department of Corrections; or
42	40		2.10 (2) to another state-operated facility or program, and the Direct Care and Treatment
43	41		2.11executive medical director's office or a designee has determined that:
44	42		2.12 (i) the client meets criteria for admission to that state-operated facility or program; and
45	43		2.13 (ii) the state-operated facility or program is the only facility or program that can
46	44		2.14reasonably serve the client. This paragraph expires June 30, 2025.
47	45		2.15 (e) Notwithstanding any law to the contrary, the client is not responsible for payment
48	46		2.16of the cost of care under this subdivision.
49	47		2.17 EFFECTIVE DATE.This section is effective retroactively from March 30, 2025.
50	48		2.18 Sec. 2. Minnesota Statutes 2024, section 246.54, subdivision 1b, is amended to read:
51	49		2.19 Subd. 1b.Community behavioral health hospitals.(a) A county's payment of the cost
52	50		2.20of care provided at state-operated community-based behavioral health hospitals for adults
53	51		2.21and children shall be according to the following schedule:
54	52		2.22 (1) 100 percent for each day during the stay, including the day of admission, when the
55	53		2.23facility determines that it is clinically appropriate for the client to be discharged; and
56	54		2.24 (2) the county shall not be entitled to reimbursement from the client, the client's estate,
57	55		2.25or from the client's relatives, except as provided in section 246.53.
58	56		2.26 (b) Between July 1, 2023, and March 31 Beginning July 1, 2025, the county is not
59	57		2.27responsible for the cost of care under paragraph (a), clause (1), for a person committed as
60	58		2.28a person who has a mental illness and is dangerous to the public under section 253B.18 and
61	59		2.29who is awaiting transfer to another state-operated facility or program. This paragraph expires
62	60		2.30March 31, 2025.
63	61		2Sec. 2.
64		-	~~S2902-1 1st Engrossment~~~~SF2902~~ REVISOR AGW 3.1 (c) Between April 1, 2025, and June 30 Beginning July 1, 2025, the county is not
	62	+	25-03992 as introduced03/13/25 REVISOR AGW/DG 3.1 (c) Between April 1, 2025, and June 30 Beginning July 1, 2025, the county is not
65	63		3.2responsible for the cost of care under paragraph (a), clause (1), for a person who is civilly
66	64		3.3committed, if the client is awaiting transfer:
67	65		3.4 (1) to a facility operated by the Department of Corrections; or
68	66		3.5 (2) to another state-operated facility or program, and the Direct Care and Treatment
69	67		3.6executive medical director's office or a designee has determined that:
70	68		3.7 (i) the client meets criteria for admission to that state-operated facility or program; and
71	69		3.8 (ii) the state-operated facility or program is the only facility or program that can
72	70		3.9reasonably serve the client. This paragraph expires June 30, 2025.
73	71		3.10 (d) Notwithstanding any law to the contrary, the client is not responsible for payment
74	72		3.11of the cost of care under this subdivision.
75	73		3.12 EFFECTIVE DATE.This section is effective retroactively from March 30, 2025.
76	74		3.13 Sec. 3. Minnesota Statutes 2024, section 253B.10, subdivision 1, is amended to read:
77	75		3.14 Subdivision 1.Administrative requirements.(a) When a person is committed, the
78	76		3.15court shall issue a warrant or an order committing the patient to the custody of the head of
79	77		3.16the treatment facility, state-operated treatment program, or community-based treatment
80	78		3.17program. The warrant or order shall state that the patient meets the statutory criteria for
81	79		3.18civil commitment.
82	80		3.19 (b) The executive board shall prioritize civilly committed patients being admitted from
83	81		3.20jail or a correctional institution or who are referred to a state-operated treatment facility for
84	82		3.21competency attainment or a competency examination under sections 611.40 to 611.59 for
85	83		3.22admission to a medically appropriate state-operated direct care and treatment bed based on
86	84		3.23the decisions of physicians in the executive medical director's office, using a priority
87	85		3.24admissions framework. The framework must account for a range of factors for priority
88	86		3.25admission, including but not limited to:
89	87		3.26 (1) the length of time the person has been on a waiting list for admission to a
90	88		3.27state-operated direct care and treatment program since the date of the order under paragraph
91	89		3.28(a), or the date of an order issued under sections 611.40 to 611.59;
92	90		3.29 (2) the intensity of the treatment the person needs, based on medical acuity;
93	91		3.30 (3) the person's revoked provisional discharge status;
94	92		3.31 (4) the person's safety and safety of others in the person's current environment;
95	93		3Sec. 3.
96		-	~~S2902-1 1st Engrossment~~~~SF2902~~ REVISOR AGW 4.1 (5) whether the person has access to necessary or court-ordered treatment;
	94	+	25-03992 as introduced03/13/25 REVISOR AGW/DG 4.1 (5) whether the person has access to necessary or court-ordered treatment;
97	95		4.2 (6) distinct and articulable negative impacts of an admission delay on the facility referring
98	96		4.3the individual for treatment; and
99	97		4.4 (7) any relevant federal prioritization requirements.
100	98		4.5Patients described in this paragraph must be admitted to a state-operated treatment program
101	99		4.6within 48 hours. The commitment must be ordered by the court as provided in section
102	100		4.7253B.09, subdivision 1, paragraph (d). Patients committed to a secure treatment facility or
103	101		4.8less restrictive setting as ordered by the court under section 253B.18, subdivisions 1 and 2,
104	102		4.9must be prioritized for admission to a state-operated treatment program using the priority
105	103		4.10admissions framework in this paragraph.
106	104		4.11 (c) Upon the arrival of a patient at the designated treatment facility, state-operated
107	105		4.12treatment program, or community-based treatment program, the head of the facility or
108	106		4.13program shall retain the duplicate of the warrant and endorse receipt upon the original
109	107		4.14warrant or acknowledge receipt of the order. The endorsed receipt or acknowledgment must
110	108		4.15be filed in the court of commitment. After arrival, the patient shall be under the control and
111	109		4.16custody of the head of the facility or program.
112	110		4.17 (d) Copies of the petition for commitment, the court's findings of fact and conclusions
113	111		4.18of law, the court order committing the patient, the report of the court examiners, and the
114	112		4.19prepetition report, and any medical and behavioral information available shall be provided
115	113		4.20at the time of admission of a patient to the designated treatment facility or program to which
116	114		4.21the patient is committed. Upon a patient's referral to the executive board for admission
117	115		4.22pursuant to subdivision 1, paragraph (b), any inpatient hospital, treatment facility, jail, or
118	116		4.23correctional facility that has provided care or supervision to the patient in the previous two
119	117		4.24years shall, when requested by the treatment facility or executive board, provide copies of
120	118		4.25the patient's medical and behavioral records to the executive board for purposes of
121	119		4.26preadmission planning. This information shall be provided by the head of the treatment
122	120		4.27facility to treatment facility staff in a consistent and timely manner and pursuant to all
123	121		4.28applicable laws.
124	122		4.29 (e) Patients described in paragraph (b) must be admitted to a state-operated treatment
125	123		4.30program within 48 hours of the Office of Executive Medical Director, under section 246C.09,
126	124		4.31or a designee determining that a medically appropriate bed is available. This paragraph
127	125		4.32expires on June 30, 2025 2027.
128	126		4.33 (f) Within four business days of determining which state-operated direct care and
129	127		4.34treatment program or programs are appropriate for an individual, the executive medical
130	128		4Sec. 3.
131		-	~~S2902-1 1st Engrossment~~~~SF2902~~ REVISOR AGW 5.1director's office or a designee must notify the source of the referral and the responsible
	129	+	25-03992 as introduced03/13/25 REVISOR AGW/DG 5.1director's office or a designee must notify the source of the referral and the responsible
132	130		5.2county human services agency, the individual being ordered to direct care and treatment,
133	131		5.3and the district court that issued the order of the determination. The notice shall include
134	132		5.4which program or programs are appropriate for the person's priority status. Any interested
135	133		5.5person may provide additional information or request updated priority status about the
136	134		5.6individual to the executive medical director's office or a designee while the individual is
137	135		5.7awaiting admission. Updated priority status of an individual will only be disclosed to
138	136		5.8interested persons who are legally authorized to receive private information about the
139	137		5.9individual. When an available bed has been identified, the executive medical director's
140	138		5.10office or a designee must notify the designated agency and the facility where the individual
141	139		5.11is awaiting admission that the individual has been accepted for admission to a particular
142	140		5.12state-operated direct care and treatment program and the earliest possible date the admission
143	141		5.13can occur. The designated agency or facility where the individual is awaiting admission
144	142		5.14must transport the individual to the admitting state-operated direct care and treatment
145	143		5.15program no more than 48 hours after the offered admission date.
146	144		5.16 Sec. 4. PRIORITY ADMISSIONS REVIEW PANEL.
147	145		5.17 (a) The Priority Admissions Review Panel is established.
148	146		5.18 (b) The Direct Care and Treatment executive board shall appoint the members of the
149	147		5.19panel. The panel must consist of all members who served on the Task Force on Priority
150	148		5.20Admissions to State-Operated Treatment Programs under Laws 2023, chapter 61, article 8,
151	149		5.21section 13, subdivision 2, and one member who has an active role as a union representative
152	150		5.22representing staff at Direct Care and Treatment appointed by joint representatives of the
153	151		5.23American Federation of State, County and Municipal Employees (AFSCME); Minnesota
154	152		5.24Association of Professional Employees (MAPE); Minnesota Nurses Association (MNA);
155	153		5.25Middle Management Association (MMA); and State Residential Schools Education
156	154		5.26Association (SRSEA).
157	155		5.27 (c) The panel must:
158	156		5.28 (1) evaluate the 48-hour timeline for priority admissions required under Minnesota
159	157		5.29Statutes, section 253B.10, subdivision 1, paragraph (b), and measure progress toward
160	158		5.30implementing the recommendations of the task force;
161	159		5.31 (2) develop policy and legislative proposals related to the priority admissions timeline
162	160		5.32in order to minimize litigation costs, maximize capacity in and access to direct care and
163	161		5.33treatment programs, and address issues related to individuals awaiting admission to direct
164	162		5.34care and treatment programs in jails and correctional institutions;
165	163		5Sec. 4.
166		-	~~S2902-1 1st Engrossment~~~~SF2902~~ REVISOR AGW 6.1 (3) by February 1, 2026, submit a written report to the chairs and ranking minority
	164	+	25-03992 as introduced03/13/25 REVISOR AGW/DG 6.1 (3) by February 1, 2026, submit a written report to the chairs and ranking minority
167	165		6.2members of the legislative committees with jurisdiction over public safety and human
168	166		6.3services that includes legislative proposals to carry out recommendations; and
169	167		6.4 (4) review quarterly data provided by the executive board to measure the impact of
170	168		6.5changes, including:
171	169		6.6 (i) priority admission waitlist data, including the time each individual spends on the
172	170		6.7waitlist;
173	171		6.8 (ii) data regarding engagement by the admissions team;
174	172		6.9 (iii) priority notice data; and
175	173		6.10 (iv) other similar data relating to admissions.
176		-	6.11 ~~(d) The Priority~~ Admissions ~~Review Panel expires December 31, 2030~~.
177		-	6.12 ~~Sec. 5.~~ DIRECT CARE AND TREATMENT ~~ADMISSIONS DASHBOARD.~~
178		-	6.~~13 (a) By January 1, 2026,~~ the ~~Direct Care and Treatment executive board must publish a~~
179		-	6.~~14publicly accessible dashboard on the agency's website regarding referrals under Minnesota~~
180		-	6.~~15Statutes, section 253B.10, subdivision 1,~~ paragraph (b).
181		-	6.16 (b) The ~~dashboard required under paragraph (a) must include data on:~~
182		-	6.17 (1) how ~~many individuals~~ are ~~on the waitlists;~~
183		-	6.~~18 (2) how long the shortest, average,~~ and ~~longest wait times are for admission to Direct~~
184		-	6.~~19Care~~ and ~~Treatment facilities;~~ and
185		-	6.~~20 (3) the number of referrals, admissions,~~ and ~~waitlists and the length of time of individuals~~
186		-	6.~~21on waitlists;~~ and
187		-	6.22 (4) ~~framework categories and referral sources~~.
188		-	6.23 (c) ~~Any published~~ data ~~must be deidentified~~.
189		-	6.24 (d) ~~Data on~~ the dashboard ~~are public data under Minnesota Statutes, section 13.03~~.
190		-	6.25 (e) The executive board must ~~update the dashboard quarterly.~~
191		-	6.~~26 (f)~~ The ~~executive board must also include relevant admissions policies~~ and ~~contact~~
192		-	6.~~27information for the Direct Care and Treatment Central Preadmission Office on the dashboard~~
193		-	6.~~28required under paragraph~~ (a).
194		-	6.~~29 (g)~~ The ~~executive board must provide information about an~~ individual's ~~relative placement~~
195		-	6.~~30on the waitlist upon request by the individual or~~ the individual's ~~legal representative.~~
	174	+	6.11 Sec. 5. DIRECT CARE AND TREATMENT ADMISSIONS DASHBOARD.
	175	+	6.12 (a) By January 1, 2026, the Direct Care and Treatment executive board must publish a
	176	+	6.13publicly accessible dashboard on the agency's website regarding referrals under Minnesota
	177	+	6.14Statutes, section 253B.10, subdivision 1, paragraph (b).
	178	+	6.15 (b) The dashboard required under paragraph (a) must include data on:
	179	+	6.16 (1) how many individuals are on the waitlists;
	180	+	6.17 (2) how long the shortest, average, and longest wait times are for admission to Direct
	181	+	6.18Care and Treatment facilities; and
	182	+	6.19 (3) the number of referrals, admissions, and waitlists and the length of time of individuals
	183	+	6.20on waitlists; and
	184	+	6.21 (4) framework categories and referral sources.
	185	+	6.22 (c) Any published data must be deidentified.
	186	+	6.23 (d) Data on the dashboard are public data under Minnesota Statutes, section 13.03.
	187	+	6.24 (e) The executive board must update the dashboard quarterly.
	188	+	6.25 (f) The executive board must also include relevant admissions policies and contact
	189	+	6.26information for the Direct Care and Treatment Central Preadmission Office on the dashboard
	190	+	6.27required under paragraph (a).
	191	+	6.28 (g) The executive board must provide information about an individual's relative placement
	192	+	6.29on the waitlist upon request by the individual or the individual's legal representative.
	193	+	6.30Information about the individual's relative placement on the waitlist must be designated as
196	194		6Sec. 5.
197		-	S2902-1 1st EngrossmentSF2902 REVISOR AGW 7.1Information about the individual's relative placement on the waitlist must be designated as
198		-	7.2confidential under Minnesota Statutes, section 13.02, subdivision 3, if the information
199		-	7.3jeopardizes the health or wellbeing of the individual.
200		-	7.4 Sec. 6. DIRECTION FOR LIMITED EXCEPTION FOR ADMISSIONS FROM
201		-	7.5HOSPITAL SETTINGS.
202		-	7.6 (a) The commissioner of human services or a designee must immediately approve an
203		-	7.7exception to add up to ten patients per fiscal year who have been civilly committed and are
204		-	7.8in hospital settings to the admission waitlist for medically appropriate direct care and
205		-	7.9treatment beds under Minnesota Statutes, section 253B.10, subdivision 1, paragraph (b).
206		-	7.10 (b) The Direct Care and Treatment executive board is subject to the requirement under
207		-	7.11paragraph (a) on and after the transfer of duties on July 1, 2025, from the commissioner of
208		-	7.12human services to the executive board under Minnesota Statutes, section 246C.04.
209		-	7.13 (c) This section expires June 30, 2027.
210		-	7.14 EFFECTIVE DATE.This section is effective the day following final enactment.
	195	+	25-03992 as introduced03/13/25 REVISOR AGW/DG 7.1confidential under Minnesota Statutes, section 13.02, subdivision 3, if the information
	196	+	7.2jeopardizes the health or wellbeing of the individual.
	197	+	7.3 Sec. 6. DIRECTION FOR LIMITED EXCEPTION FOR ADMISSIONS FROM
	198	+	7.4HOSPITAL SETTINGS.
	199	+	7.5 (a) The commissioner of human services or a designee must immediately approve an
	200	+	7.6exception to add up to ten patients per fiscal year who have been civilly committed and are
	201	+	7.7in hospital settings to the admission waitlist for medically appropriate direct care and
	202	+	7.8treatment beds under Minnesota Statutes, section 253B.10, subdivision 1, paragraph (b).
	203	+	7.9 (b) The Direct Care and Treatment executive board is subject to the requirement under
	204	+	7.10paragraph (a) on and after the transfer of duties on July 1, 2025, from the commissioner of
	205	+	7.11human services to the executive board under Minnesota Statutes, section 246C.04.
	206	+	7.12 (c) This section expires June 30, 2027.
	207	+	7.13 EFFECTIVE DATE.This section is effective the day following final enactment.
211	208		7Sec. 6.
212		-	~~S2902-1 1st Engrossment~~~~SF2902~~ REVISOR AGW
	209	+	25-03992 as introduced03/13/25 REVISOR AGW/DG