1.1 A bill for an act
1.2 relating to direct care and treatment; establishing a commissioner and the
1.3 Department of Direct Care and Treatment; repealing the direct care and treatment
1.4 executive board; establishing the Advisory Council on Direct Care and Treatment;
1.5 repealing an advisory committee; amending Minnesota Statutes 2024, sections
1.6 10.65, subdivision 2; 15.01; 15.06, subdivision 1; 15A.0815, subdivision 2;
1.7 15A.082, subdivisions 1, 3, 7; 43A.08, subdivisions 1, 1a; 43A.241; 245.021;
1.8 245.073; 246.13, subdivision 1; 246B.01, by adding a subdivision; 246C.01;
1.9 246C.015, subdivision 3, by adding a subdivision; 246C.02, subdivision 1; 246C.04,
1.10 subdivisions 2, 3; 246C.07, subdivisions 1, 2, 8; 246C.08; 246C.09, subdivision
1.11 3; 246C.091, subdivisions 2, 3, 4; 252.021, by adding a subdivision; 252.50,
1.12 subdivision 5; 253.195, by adding a subdivision; 253B.02, subdivisions 3, 4c, by
1.13 adding a subdivision; 253B.03, subdivision 7; 253B.041, subdivision 4; 253B.09,
1.14 subdivision 3a; 253B.18, subdivision 6; 253B.19, subdivision 2; 253B.20,
1.15 subdivision 2; 253D.02, subdivision 3, by adding a subdivision; 254B.05,
1.16 subdivision 4; 256.045, subdivisions 6, 7, by adding a subdivision; 256G.09,
1.17 subdivision 3; 352.91, subdivisions 2a, 3c, 3d, 4a; 524.3-801; 611.57, subdivision
1.18 2; Laws 2024, chapter 127, article 50, section 41, subdivision 2; proposing coding
1.19 for new law in Minnesota Statutes, chapter 246C; repealing Minnesota Statutes
1.20 2024, sections 246B.01, subdivision 2; 246C.015, subdivisions 5a, 6; 246C.06,
1.21 subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10; 246C.07, subdivisions 4, 5; 252.021,
1.22 subdivision 2; 253.195, subdivision 2; 253B.02, subdivision 7b; 253D.02,
1.23 subdivision 7a; 254B.01, subdivision 15; 256.045, subdivision 1a; 256G.02,
1.24 subdivision 5a; Laws 2024, chapter 79, article 1, section 20; Laws 2024, chapter
1.25 125, article 5, sections 40; 41; Laws 2024, chapter 127, article 50, sections 40; 41,
1.26 subdivisions 1, 3.
1.27BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.28 ARTICLE 1
1.29 COMMISSIONER OF DIRECT CARE AND TREATMENT
1.30 Section 1. Minnesota Statutes 2024, section 10.65, subdivision 2, is amended to read:
1.31 Subd. 2.Definitions.As used in this section, the following terms have the meanings
1.32given:
1Article 1 Section 1.
S0626-2 2nd EngrossmentSF626 REVISOR AGW
SENATE
STATE OF MINNESOTA
S.F. No. 626NINETY-FOURTH SESSION
(SENATE AUTHORS: RASMUSSON, Hoffman, Fateh and Abeler)
OFFICIAL STATUSD-PGDATE
Introduction and first reading17901/27/2025
Referred to Human Services
Comm report: To pass as amended and re-refer to State and Local Government238a02/03/2025
Comm report: To pass as amended and re-refer to Human Services03/20/2025 2.1 (1) "agency" means the Department of Administration; Department of Agriculture;
2.2Department of Children, Youth, and Families; Department of Commerce; Department of
2.3Corrections; Department of Direct Care and Treatment; Department of Education; Department
2.4of Employment and Economic Development; Department of Health; Office of Higher
2.5Education; Housing Finance Agency; Department of Human Rights; Department of Human
2.6Services; Department of Information Technology Services; Department of Iron Range
2.7Resources and Rehabilitation; Department of Labor and Industry; Minnesota Management
2.8and Budget; Bureau of Mediation Services; Department of Military Affairs; Metropolitan
2.9Council; Department of Natural Resources; Pollution Control Agency; Department of Public
2.10Safety; Department of Revenue; Department of Transportation; Department of Veterans
2.11Affairs; Direct Care and Treatment; Gambling Control Board; Racing Commission; the
2.12Minnesota Lottery; the Animal Health Board; the Public Utilities Commission; and the
2.13Board of Water and Soil Resources;
2.14 (2) "consultation" means the direct and interactive involvement of the Minnesota Tribal
2.15governments in the development of policy on matters that have Tribal implications.
2.16Consultation is the proactive, affirmative process of identifying and seeking input from
2.17appropriate Tribal governments and considering their interest as a necessary and integral
2.18part of the decision-making process. This definition adds to statutorily mandated notification
2.19procedures. During a consultation, the burden is on the agency to show that it has made a
2.20good faith effort to elicit feedback. Consultation is a formal engagement between agency
2.21officials and the governing body or bodies of an individual Minnesota Tribal government
2.22that the agency or an individual Tribal government may initiate. Formal meetings or
2.23communication between top agency officials and the governing body of a Minnesota Tribal
2.24government is a necessary element of consultation;
2.25 (3) "matters that have Tribal implications" means rules, legislative proposals, policy
2.26statements, or other actions that have substantial direct effects on one or more Minnesota
2.27Tribal governments, or on the distribution of power and responsibilities between the state
2.28and Minnesota Tribal governments;
2.29 (4) "Minnesota Tribal governments" means the federally recognized Indian Tribes located
2.30in Minnesota including: Bois Forte Band; Fond Du Lac Band; Grand Portage Band; Leech
2.31Lake Band; Mille Lacs Band; White Earth Band; Red Lake Nation; Lower Sioux Indian
2.32Community; Prairie Island Indian Community; Shakopee Mdewakanton Sioux Community;
2.33and Upper Sioux Community; and
2Article 1 Section 1.
S0626-2 2nd EngrossmentSF626 REVISOR AGW 3.1 (5) "timely and meaningful" means done or occurring at a favorable or useful time that
3.2allows the result of consultation to be included in the agency's decision-making process for
3.3a matter that has Tribal implications.
3.4 Sec. 2. Minnesota Statutes 2024, section 15.01, is amended to read:
3.5 15.01 DEPARTMENTS OF THE STATE.
3.6 The following agencies are designated as the departments of the state government: the
3.7Department of Administration; the Department of Agriculture; the Department of Children,
3.8Youth, and Families; the Department of Commerce; the Department of Corrections; the
3.9Department of Direct Care and Treatment; the Department of Education; the Department
3.10of Employment and Economic Development; the Department of Health; the Department of
3.11Human Rights; the Department of Human Services; the Department of Information
3.12Technology Services; the Department of Iron Range Resources and Rehabilitation; the
3.13Department of Labor and Industry; the Department of Management and Budget; the
3.14Department of Military Affairs; the Department of Natural Resources; the Department of
3.15Public Safety; the Department of Revenue; the Department of Transportation; the Department
3.16of Veterans Affairs; and their successor departments.
3.17 Sec. 3. Minnesota Statutes 2024, section 15.06, subdivision 1, is amended to read:
3.18 Subdivision 1.Applicability.This section applies to the following departments or
3.19agencies: the Departments of Administration; Agriculture; Children, Youth, and Families;
3.20Commerce; Corrections; Direct Care and Treatment; Education; Employment and Economic
3.21Development; Health; Human Rights; Human Services; Iron Range Resources and
3.22Rehabilitation; Labor and Industry; Management and Budget; Natural Resources; Public
3.23Safety; Revenue; Transportation; and Veterans Affairs; the Housing Finance and Pollution
3.24Control Agencies; the Department of Information Technology Services; the Bureau of
3.25Mediation Services; and their successor departments and agencies. The heads of the foregoing
3.26departments or agencies are "commissioners."
3.27 Sec. 4. Minnesota Statutes 2024, section 43A.241, is amended to read:
3.28 43A.241 INSURANCE CONTRIBUTIONS; FORMER EMPLOYEES.
3.29 (a) This section applies to a person who:
3.30 (1) was employed by the commissioner of corrections, the commissioner of human
3.31services, or the commissioner of direct care and treatment executive board;
3Article 1 Sec. 4.
S0626-2 2nd EngrossmentSF626 REVISOR AGW 4.1 (2) was covered by the correctional employee retirement plan under section 352.91 or
4.2the general state employees retirement plan of the Minnesota State Retirement System as
4.3defined in section 352.021;
4.4 (3) while employed under clause (1), was assaulted by:
4.5 (i) a person under correctional supervision for a criminal offense; or
4.6 (ii) a client or patient at the Minnesota Sex Offender Program, or at a state-operated
4.7forensic services program as defined in section 352.91, subdivision 3j; and
4.8 (4) as a direct result of the assault under clause (3), was determined to be totally and
4.9permanently physically disabled under laws governing the Minnesota State Retirement
4.10System.
4.11 (b) For a person to whom this section applies, the commissioner of corrections, the
4.12commissioner of human services, or the commissioner of direct care and treatment executive
4.13board, using existing budget resources, must continue to make the employer contribution
4.14for medical and dental benefits under the State Employee Group Insurance Program after
4.15the person terminates state service. If the person had dependent coverage at the time of
4.16terminating state service, employer contributions for dependent coverage also must continue
4.17under this section. The employer contributions must be in the amount of the employer
4.18contribution for active state employees at the time each payment is made. The employer
4.19contributions must continue until the person reaches age 65, provided the person makes the
4.20required employee contributions, in the amount required of an active state employee, at the
4.21time and in the manner specified by the commissioner or executive board.
4.22 Sec. 5. Minnesota Statutes 2024, section 246C.01, is amended to read:
4.23 246C.01 TITLE.
4.24 This chapter may be cited as the "Department of Direct Care and Treatment Act."
4.25 Sec. 6. Minnesota Statutes 2024, section 246C.015, subdivision 3, is amended to read:
4.26 Subd. 3.Commissioner."Commissioner" means the commissioner of human services
4.27direct care and treatment.
4.28 Sec. 7. Minnesota Statutes 2024, section 246C.015, is amended by adding a subdivision
4.29to read:
4.30 Subd. 5b.Department."Department" means the Department of Direct Care and
4.31Treatment.
4Article 1 Sec. 7.
S0626-2 2nd EngrossmentSF626 REVISOR AGW 5.1 Sec. 8. Minnesota Statutes 2024, section 246C.02, subdivision 1, is amended to read:
5.2 Subdivision 1.Establishment.The Department of Direct Care and Treatment is created
5.3as an agency headed by an executive board established.
5.4 Sec. 9. Minnesota Statutes 2024, section 246C.04, subdivision 2, is amended to read:
5.5 Subd. 2.Transfer of custody of civilly committed persons.The commissioner of
5.6human services shall continue to exercise all authority and responsibility for and retain
5.7custody of persons subject to civil commitment under chapter 253B or 253D until July 1,
5.82025. Effective July 1, 2025, custody of persons subject to civil commitment under chapter
5.9253B or 253D and in the custody of the commissioner of human services as of that date is
5.10hereby transferred to the executive board commissioner without any further act or proceeding.
5.11Authority and responsibility for the commitment of such persons is transferred to the
5.12executive board commissioner July 1, 2025.
5.13 Sec. 10. Minnesota Statutes 2024, section 246C.04, subdivision 3, is amended to read:
5.14 Subd. 3.Control of direct care and treatment.The commissioner of human services
5.15shall continue to exercise all authorities and responsibilities under this chapter and chapters
5.1613, 245, 246, 246B, 252, 253, 253B, 253C, 253D, 254A, 254B, and 256, with reference to
5.17any state-operated service, program, or facility subject to transfer under Laws 2024, chapter
5.1879; Laws 2024, chapter 125, article 5; and Laws 2024, chapter 127, article 50, until July 1,
5.192025. Effective July 1, 2025, the powers and duties vested in or imposed upon the
5.20commissioner of human services with reference to any state-operated service, program, or
5.21facility are hereby transferred to, vested in, and imposed upon the executive board
5.22commissioner according to this chapter and applicable state law. Effective July 1, 2025, the
5.23executive board commissioner has the exclusive power of administration and management
5.24of all state hospitals for persons with a developmental disability, mental illness, or substance
5.25use disorder. Effective July 1, 2025, the executive board commissioner has the power and
5.26authority to determine all matters relating to the development of all of the foregoing
5.27institutions and of such other institutions vested in the executive board commissioner.
5.28Effective July 1, 2025, the powers, functions, and authority vested in the commissioner of
5.29human services relative to such state institutions are transferred to the executive board
5.30commissioner according to this chapter and applicable state law.
5Article 1 Sec. 10.
S0626-2 2nd EngrossmentSF626 REVISOR AGW 6.1 Sec. 11. Minnesota Statutes 2024, section 246C.07, subdivision 1, is amended to read:
6.2 Subdivision 1.Generally.(a) The executive board commissioner must operate the
6.3agency department according to this chapter and applicable state and federal law. The overall
6.4management and control of the agency department is vested in the executive board
6.5commissioner in accordance with this chapter.
6.6 (b) The executive board commissioner must appoint a chief executive officer according
6.7to section 246C.08. The chief executive officer is responsible for the administrative and
6.8operational duties of the Department of Direct Care and Treatment in accordance with this
6.9chapter and serves as the deputy commissioner for the purposes of section 15.06 and as
6.10deputy agency head for the purposes of section 43A.08.
6.11 (c) The executive board commissioner may delegate duties imposed by this chapter and
6.12under applicable state and federal law as deemed appropriate by the board commissioner
6.13and in accordance with this chapter. Any delegation of a specified statutory duty or power
6.14to an employee of the Department of Direct Care and Treatment other than the chief executive
6.15officer must be made by written order and filed with the secretary of state. Only the chief
6.16executive officer shall have the powers and duties of the executive board commissioner as
6.17specified in section 246C.08.
6.18 Sec. 12. Minnesota Statutes 2024, section 246C.07, subdivision 2, is amended to read:
6.19 Subd. 2.Principles.The executive board commissioner, in undertaking its the
6.20commissioner's duties and responsibilities and within the Department of Direct Care and
6.21Treatment resources, shall act according to the following principles:
6.22 (1) prevent the waste or unnecessary spending of public money;
6.23 (2) use innovative fiscal and human resource practices to manage the state's resources
6.24and operate the agency department as efficiently as possible;
6.25 (3) coordinate Department of Direct Care and Treatment activities wherever appropriate
6.26with the activities of other governmental agencies;
6.27 (4) use technology where appropriate to increase agency department productivity, improve
6.28customer service, increase public access to information about government, and increase
6.29public participation in the business of government; and
6.30 (5) utilize constructive and cooperative labor management practices to the extent
6.31otherwise required by chapter 43A or 179A.
6Article 1 Sec. 12.
S0626-2 2nd EngrossmentSF626 REVISOR AGW 7.1 Sec. 13. Minnesota Statutes 2024, section 246C.07, subdivision 8, is amended to read:
7.2 Subd. 8.Biennial estimates; suggestions for legislation.The executive board
7.3commissioner shall prepare, for the use of the legislature, biennial estimates of appropriations
7.4necessary or expedient to be made for the support of the institutions and for extraordinary
7.5and special expenditures for buildings and other improvements. The executive board
7.6commissioner shall make suggestions relative to legislation for the benefit of the institutions.
7.7The executive board commissioner shall report the estimates and suggestions to the legislature
7.8on or before November 15 in each even-numbered year. A designee of the executive board
7.9The commissioner on request shall appear before any legislative committee and furnish any
7.10required information in regard to the condition of any such institution.
7.11 Sec. 14. [246C.075] ADVISORY COUNCIL ON DIRECT CARE AND TREATMENT.
7.12 Subdivision 1.Establishment.An Advisory Council on Direct Care and Treatment is
7.13established.
7.14 Subd. 2.Membership.(a) The Advisory Council on Direct Care and Treatment must
7.15consist of no more than 15 members appointed as provided in section 15.0597. The advisory
7.16council must include:
7.17 (1) one member who is a licensed physician with experience serving behavioral health
7.18patients or a licensed psychiatrist, appointed by the commissioner;
7.19 (2) two members with executive management experience at a hospital or health care
7.20system, or experience serving on the board of a hospital or health care system, appointed
7.21by the commissioner;
7.22 (3) three members, each appointed by the commissioner, who have experience working:
7.23 (i) in the delivery of behavioral health services;
7.24 (ii) in care coordination;
7.25 (iii) in traditional healing practices;
7.26 (iv) as a licensed health care professional;
7.27 (v) within health care administration; or
7.28 (vi) with residential services;
7.29 (4) one member appointed by the Association of Counties;
7.30 (5) one member who has an active role as a union representative representing staff at
7.31the Department of Direct Care and Treatment appointed by joint representatives of the
7Article 1 Sec. 14.
S0626-2 2nd EngrossmentSF626 REVISOR AGW 8.1following unions: American Federation of State, County, and Municipal Employees
8.2(AFSCME); Minnesota Association of Professional Employees (MAPE); Minnesota Nurses
8.3Association (MNA); Middle Management Association (MMA); and State Residential
8.4Schools Education Association (SRSEA);
8.5 (6) one member appointed by the National Alliance on Mental Illness Minnesota;
8.6 (7) two members representing people with lived experience being served by state-operated
8.7treatment programs or their families, appointed by the commissioner;
8.8 (8) one member appointed by the Minnesota Disability Law Center; and
8.9 (9) up to three additional members appointed by the commissioner reflecting community
8.10interests or perspectives the commissioner deems valuable.
8.11 (b) Membership on the advisory council must include representation from outside the
8.12seven-county metropolitan area, as defined in section 473.121, subdivision 2.
8.13 (c) Appointing authorities under paragraph (a) must make initial appointments by
8.14September 1, 2025.
8.15 Subd. 3.Terms; compensation; removal; vacancies; expiration.(a) The membership
8.16terms, compensation, removal of members, and filling of vacancies of members are as
8.17provided in section 15.059, except that council members shall not receive a per diem.
8.18 (b) The advisory council does not expire.
8.19 Subd. 4.Meetings.(a) The members of the advisory council shall elect a chair from
8.20among their membership at the first meeting and annually thereafter or upon a vacancy in
8.21the chair. The advisory council shall meet at the call of the commissioner, the call of the
8.22chair, or upon the call of a majority of members.
8.23 (b) The first meeting of the advisory council must be held no later than September 15,
8.242025.
8.25 Subd. 5.Duties.The advisory council shall advise the commissioner regarding the
8.26operations of the Department of Direct Care and Treatment, the clinical standards of care
8.27for patients and clients of state-operated programs, and provide recommendations to the
8.28commissioner for improving the department's role in the state's mental health care system.
8Article 1 Sec. 14.
S0626-2 2nd EngrossmentSF626 REVISOR AGW 9.1 Sec. 15. Minnesota Statutes 2024, section 246C.08, is amended to read:
9.2 246C.08 CHIEF EXECUTIVE OFFICER; SERVICE; DUTIES.
9.3 Subdivision 1.Service.(a) The direct care and treatment chief executive officer is
9.4appointed by the executive board, in consultation with the governor, and serves at the
9.5pleasure of the executive board, with the advice and consent of the senate commissioner,
9.6and is the deputy commissioner for the purposes of section 15.06.
9.7 (b) The chief executive officer shall serve in the unclassified service in accordance with
9.8section 43A.08. The Compensation Council under section 15A.082 shall establish the salary
9.9of the chief executive officer.
9.10 Subd. 2.Powers and duties.(a) The chief executive officer's primary duty is to assist
9.11the executive board commissioner. The chief executive officer is responsible for the
9.12administrative and operational management of the agency.
9.13 (b) The chief executive officer shall have all the powers of the executive board unless
9.14the executive board directs otherwise. The chief executive officer shall have the authority
9.15to speak for the executive board and Direct Care and Treatment within and outside the
9.16agency.
9.17 (c) (b) In the event that a vacancy occurs for any reason within the chief executive officer
9.18position, the executive medical director appointed under section 246C.09 shall immediately
9.19become the temporary chief executive officer until the executive board commissioner
9.20appoints a new chief executive officer. During this period, the executive medical director
9.21shall have all the powers and authority delegated to the chief executive officer by the board
9.22commissioner and specified in this chapter.
9.23 Subd. 3.Minimum qualifications.The chief executive officer must be selected by the
9.24commissioner without regard to political affiliation and must have wide and successful
9.25administrative experience in and understanding of health care, preferably behavioral health
9.26care, including clinical and operational needs of a large health care service and delivery
9.27organization.
9.28 Sec. 16. Minnesota Statutes 2024, section 246C.09, subdivision 3, is amended to read:
9.29 Subd. 3.Duties.The executive medical director shall:
9.30 (1) oversee the clinical provision of inpatient mental health services provided in the
9.31state's regional treatment centers;
9Article 1 Sec. 16.
S0626-2 2nd EngrossmentSF626 REVISOR AGW 10.1 (2) recruit and retain psychiatrists to serve on the Direct Care and Treatment department
10.2medical staff established in subdivision 4;
10.3 (3) consult with the executive board, the chief executive officer, commissioner, the chief
10.4executive officer, and community mental health center directors to develop standards for
10.5treatment and care of patients in state-operated service programs;
10.6 (4) develop and oversee a continuing education program for members of the medical
10.7staff; and
10.8 (5) participate and cooperate in the development and maintenance of a quality assurance
10.9program for state-operated services that assures that residents receive continuous quality
10.10inpatient, outpatient, and postdischarge care.
10.11Sec. 17. Minnesota Statutes 2024, section 246C.091, subdivision 2, is amended to read:
10.12 Subd. 2.Facilities management account.A facilities management account is created
10.13in the special revenue fund of the state treasury. Beginning July 1, 2025, money in the
10.14account is appropriated to the commissioner of direct care and treatment executive board
10.15and may be used to maintain buildings, acquire facilities, renovate existing buildings, or
10.16acquire land for the design and construction of buildings for Direct Care and Treatment
10.17department use. Money received for maintaining state property under control of the executive
10.18board commissioner may be deposited into this account.
10.19Sec. 18. Minnesota Statutes 2024, section 246C.091, subdivision 3, is amended to read:
10.20 Subd. 3.Direct care and treatment systems account.(a) The direct care and treatment
10.21systems account is created in the special revenue fund of the state treasury. Beginning July
10.221, 2025, money in the account is appropriated to the commissioner of direct care and
10.23treatment executive board and may be used for security systems and information technology
10.24projects, services, and support under the control of the executive board commissioner.
10.25 (b) The commissioner of human services shall transfer all money allocated to the direct
10.26care and treatment systems projects under section 256.014 to the direct care and treatment
10.27systems account under this section by June 30, 2026.
10.28Sec. 19. Minnesota Statutes 2024, section 246C.091, subdivision 4, is amended to read:
10.29 Subd. 4.Cemetery maintenance account.The cemetery maintenance account is created
10.30in the special revenue fund of the state treasury. Money in the account is appropriated to
10.31the executive board commissioner of direct care and treatment for the maintenance of
10Article 1 Sec. 19.
S0626-2 2nd EngrossmentSF626 REVISOR AGW 11.1cemeteries under control of the executive board commissioner. Money allocated to Direct
11.2Care and Treatment department cemeteries may be transferred to this account.
11.3 Sec. 20. Laws 2024, chapter 127, article 50, section 41, subdivision 2, is amended to read:
11.4 Subd. 2.Chief executive officer.(a) The commissioner of direct care and treatment
11.5executive board must appoint as the initial chief executive officer for direct care and treatment
11.6under Minnesota Statutes, section 246C.07 246C.08, the chief executive officer of the direct
11.7care and treatment division of the Department of Human Services holding that position at
11.8the time the initial appointment is made by the board commissioner. The initial appointment
11.9of the chief executive officer must be made by the executive board commissioner by July
11.101, 2025. The initial appointment of the chief executive officer is subject to confirmation by
11.11the senate.
11.12 (b) In its report issued April 1, 2025, the Compensation Council under Minnesota Statutes,
11.13section 15A.082, must establish the salary of the chief executive officer at an amount equal
11.14to or greater than the amount paid to the chief executive officer of the direct care and
11.15treatment division of the Department of Human Services as of the date of initial appointment.
11.16The salary of the chief executive officer shall become effective July 1, 2025, pursuant to
11.17Minnesota Statutes, section 15A.082, subdivision 3. Notwithstanding Minnesota Statutes,
11.18sections 15A.082 and 246C.08, subdivision 1, if the initial appointment of the chief executive
11.19officer occurs prior to the effective date of the salary specified by the Compensation Council
11.20in its April 1, 2025, report, the salary of the chief executive officer must equal the amount
11.21paid to the chief executive officer of the direct care and treatment division of the Department
11.22of Human Services as of the date of initial appointment.
11.23Sec. 21. INITIAL APPOINTMENT OF COMMISSIONER OF DIRECT CARE
11.24AND TREATMENT.
11.25 The initial appointment of a commissioner of direct care and treatment or initial
11.26designation of a temporary commissioner of direct care and treatment by the governor under
11.27Minnesota Statutes, section 15.06, must be made by July 1, 2025. Notwithstanding Minnesota
11.28Statutes, section 15.066, subdivision 2, clause (4), the initial appointment of a commissioner
11.29of direct care and treatment or initial designation of a temporary commissioner of direct
11.30care and treatment is effective no earlier than July 1, 2025.
11Article 1 Sec. 21.
S0626-2 2nd EngrossmentSF626 REVISOR AGW 12.1 Sec. 22. SALARY FOR THE COMMISSIONER OF THE DEPARTMENT OF
12.2DIRECT CARE AND TREATMENT.
12.3 If the initial appointment of the commissioner of the Department of Direct Care and
12.4Treatment occurs prior to the commissioner's salary being determined by the Compensation
12.5Council under Minnesota Statutes, section 15A.082, the commissioner's salary must equal
12.6the salary of the chief executive officer of direct care and treatment, as determined under
12.7Minnesota Statutes, section 15A.0815, subdivision 2.
12.8 EFFECTIVE DATE.This section is effective the day following final enactment and
12.9expires upon adoption by the Compensation Council of a salary for the position of
12.10commissioner of the Department of Direct Care and Treatment.
12.11Sec. 23. DISSOLUTION OF THE DIRECT CARE AND TREATMENT EXECUTIVE
12.12BOARD.
12.13 Subdivision 1.Dissolution of executive board.Upon the effective date of this section,
12.14the direct care and treatment executive board under Minnesota Statutes, section 246C.06,
12.15is dissolved.
12.16 Subd. 2.Transfer of duties.(a) Any authorities and responsibilities that were vested
12.17in the executive board prior to July 1, 2025, are transferred to the commissioner of human
12.18services. Minnesota Statutes, section 15.039, applies to the transfer of responsibilities from
12.19the direct care and treatment executive board to the commissioner of human services between
12.20the effective date of this section and July 1, 2025.
12.21 (b) Minnesota Statutes, section 246C.04, governs the transfer of authority and
12.22responsibility on July 1, 2025, from the commissioner of human services to the commissioner
12.23of direct care and treatment.
12.24Sec. 24. REVISOR INSTRUCTION.
12.25 (a) The revisor of statutes shall change the term "Direct Care and Treatment" to "the
12.26Department of Direct Care and Treatment" and "agency" to "department" wherever the
12.27terms appear in respect to the governmental entity with programmatic direction and fiscal
12.28control over state-operated services, programs, or facilities under Minnesota Statutes, chapter
12.29246C. The revisor may make technical and other necessary changes to sentence structure
12.30to preserve the meaning of the text.
12.31 (b) The revisor of statutes shall change the term "executive board" to "commissioner"
12.32and "Direct Care and Treatment executive board" to "commissioner of direct care and
12Article 1 Sec. 24.
S0626-2 2nd EngrossmentSF626 REVISOR AGW 13.1treatment" wherever the terms appear in respect to the head of the governmental entity with
13.2programmatic direction and fiscal control over state-operated services, programs, or facilities
13.3under Minnesota Statutes, chapter 246C. The revisor may make technical and other necessary
13.4changes to sentence structure to preserve the meaning of the text.
13.5 Sec. 25. REVISOR INSTRUCTION.
13.6 The revisor of statutes, in consultation with the House Research Department; the Office
13.7of Senate Counsel, Research and Fiscal Analysis; the Department of Human Services; and
13.8the Department of Direct Care and Treatment, shall make necessary cross-reference changes
13.9to conform with this act. The revisor may make technical and other necessary changes to
13.10sentence structure to preserve the meaning of the text. The revisor may alter the coding in
13.11this act to incorporate statutory changes made by other law in the 2025 regular legislative
13.12session.
13.13Sec. 26. REVISOR INSTRUCTION.
13.14 The revisor of statutes shall renumber Minnesota Statutes, section 246C.06, subdivision
13.1511, as Minnesota Statutes, section 246C.07, subdivision 4a, and correct all cross-references.
13.16Sec. 27. REPEALER.
13.17 (a) Minnesota Statutes 2024, sections 246C.015, subdivisions 5a and 6; 246C.06,
13.18subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10; and 246C.07, subdivisions 4 and 5, are repealed.
13.19 (b) Laws 2024, chapter 79, article 1, section 20, is repealed.
13.20 (c) Laws 2024, chapter 125, article 5, sections 40; and 41; and Laws 2024, chapter 127,
13.21article 50, sections 40; and 41, subdivisions 1, and 3, are repealed retroactive to July 1,
13.222024.
13.23Sec. 28. EFFECTIVE DATE.
13.24 This article is effective the day following final enactment.
13.25 ARTICLE 2
13.26 CONFORMING CHANGES
13.27Section 1. Minnesota Statutes 2024, section 15A.0815, subdivision 2, is amended to read:
13.28 Subd. 2.Agency head salaries.The salary for a position listed in this subdivision shall
13.29be determined by the Compensation Council under section 15A.082. The commissioner of
13Article 2 Section 1.
S0626-2 2nd EngrossmentSF626 REVISOR AGW 14.1management and budget must publish the salaries on the department's website. This
14.2subdivision applies to the following positions:
14.3 Commissioner of administration;
14.4 Commissioner of agriculture;
14.5 Commissioner of education;
14.6 Commissioner of children, youth, and families;
14.7 Commissioner of commerce;
14.8 Commissioner of corrections;
14.9 Commissioner of health;
14.10 Commissioner, Minnesota Office of Higher Education;
14.11 Commissioner, Minnesota IT Services;
14.12 Commissioner, Housing Finance Agency;
14.13 Commissioner of human rights;
14.14 Commissioner of human services;
14.15 Commissioner of labor and industry;
14.16 Commissioner of management and budget;
14.17 Commissioner of natural resources;
14.18 Commissioner, Pollution Control Agency;
14.19 Commissioner of public safety;
14.20 Commissioner of revenue;
14.21 Commissioner of employment and economic development;
14.22 Commissioner of transportation;
14.23 Commissioner of veterans affairs;
14.24 Commissioner of direct care and treatment;
14.25 Executive director of the Gambling Control Board;
14.26 Executive director of the Minnesota State Lottery;
14.27 Executive director of the Office of Cannabis Management;
14Article 2 Section 1.
S0626-2 2nd EngrossmentSF626 REVISOR AGW 15.1 Commissioner of Iron Range resources and rehabilitation;
15.2 Commissioner, Bureau of Mediation Services;
15.3 Ombudsman for mental health and developmental disabilities;
15.4 Ombudsperson for corrections;
15.5 Chair, Metropolitan Council;
15.6 Chair, Metropolitan Airports Commission;
15.7 School trust lands director;
15.8 Executive director of pari-mutuel racing;
15.9 Commissioner, Public Utilities Commission;
15.10 Chief Executive Officer, Direct Care and Treatment; and
15.11 Director of the Office of Emergency Medical Services.
15.12Sec. 2. Minnesota Statutes 2024, section 15A.082, subdivision 1, is amended to read:
15.13 Subdivision 1.Creation.A Compensation Council is created each odd-numbered year
15.14to establish the compensation of constitutional officers and the heads of state and metropolitan
15.15agencies identified in section 15A.0815, and to assist the legislature in establishing the
15.16compensation of justices of the supreme court and judges of the court of appeals and district
15.17court, and to determine the daily compensation for voting members of the Direct Care and
15.18Treatment executive board.
15.19Sec. 3. Minnesota Statutes 2024, section 15A.082, subdivision 3, is amended to read:
15.20 Subd. 3.Submission of recommendations and determination.(a) By April 1 in each
15.21odd-numbered year, the Compensation Council shall submit to the speaker of the house and
15.22the president of the senate salary recommendations for justices of the supreme court, and
15.23judges of the court of appeals and district court. The recommended salaries take effect on
15.24July 1 of that year and July 1 of the subsequent even-numbered year and at whatever interval
15.25the council recommends thereafter, unless the legislature by law provides otherwise. The
15.26salary recommendations take effect if an appropriation of money to pay the recommended
15.27salaries is enacted after the recommendations are submitted and before their effective date.
15.28Recommendations may be expressly modified or rejected.
15.29 (b) By April 1 in each odd-numbered year, the Compensation Council must prescribe
15.30salaries for constitutional officers, and for the agency and metropolitan agency heads
15Article 2 Sec. 3.
S0626-2 2nd EngrossmentSF626 REVISOR AGW 16.1identified in section 15A.0815. The prescribed salary for each office must take effect July
16.21 of that year and July 1 of the subsequent even-numbered year and at whatever interval
16.3the council determines thereafter, unless the legislature by law provides otherwise. An
16.4appropriation by the legislature to fund the relevant office, branch, or agency of an amount
16.5sufficient to pay the salaries prescribed by the council constitutes a prescription by law as
16.6provided in the Minnesota Constitution, article V, sections 4 and 5.
16.7 (c) By April 1 in each odd-numbered year, the Compensation Council must prescribe
16.8daily compensation for voting members of the Direct Care and Treatment executive board.
16.9The recommended daily compensation takes effect on July 1 of that year and July 1 of the
16.10subsequent even-numbered year and at whatever interval the council recommends thereafter,
16.11unless the legislature by law provides otherwise.
16.12Sec. 4. Minnesota Statutes 2024, section 15A.082, subdivision 7, is amended to read:
16.13 Subd. 7.No ex parte communications.Members may not have any communication
16.14with a constitutional officer, a head of a state agency, or a member of the judiciary, or a
16.15member of the Direct Care and Treatment executive board during the period after the first
16.16meeting is convened under this section and the date the prescribed and recommended salaries
16.17and daily compensation are submitted under subdivision 3.
16.18Sec. 5. Minnesota Statutes 2024, section 43A.08, subdivision 1, is amended to read:
16.19 Subdivision 1.Unclassified positions.Unclassified positions are held by employees
16.20who are:
16.21 (1) chosen by election or appointed to fill an elective office;
16.22 (2) heads of agencies required by law to be appointed by the governor or other elective
16.23officers, and the executive or administrative heads of departments, bureaus, divisions, and
16.24institutions specifically established by law in the unclassified service;
16.25 (3) deputy and assistant agency heads and one confidential secretary in the agencies
16.26listed in subdivision 1a;
16.27 (4) the confidential secretary to each of the elective officers of this state and, for the
16.28secretary of state and state auditor, an additional deputy, clerk, or employee;
16.29 (5) intermittent help employed by the commissioner of public safety to assist in the
16.30issuance of vehicle licenses;
16Article 2 Sec. 5.
S0626-2 2nd EngrossmentSF626 REVISOR AGW 17.1 (6) employees in the offices of the governor and of the lieutenant governor and one
17.2confidential employee for the governor in the Office of the Adjutant General;
17.3 (7) employees of the Washington, D.C., office of the state of Minnesota;
17.4 (8) employees of the legislature and of legislative committees or commissions; provided
17.5that employees of the Legislative Audit Commission, except for the legislative auditor, the
17.6deputy legislative auditors, and their confidential secretaries, shall be employees in the
17.7classified service;
17.8 (9) presidents, vice-presidents, deans, other managers and professionals in academic
17.9and academic support programs, administrative or service faculty, teachers, research
17.10assistants, and student employees eligible under terms of the federal Economic Opportunity
17.11Act work study program in the Perpich Center for Arts Education and the Minnesota State
17.12Colleges and Universities, but not the custodial, clerical, or maintenance employees, or any
17.13professional or managerial employee performing duties in connection with the business
17.14administration of these institutions;
17.15 (10) officers and enlisted persons in the National Guard;
17.16 (11) attorneys, legal assistants, and three confidential employees appointed by the attorney
17.17general or employed with the attorney general's authorization;
17.18 (12) judges and all employees of the judicial branch, referees, receivers, jurors, and
17.19notaries public, except referees and adjusters employed by the Department of Labor and
17.20Industry;
17.21 (13) members of the State Patrol; provided that selection and appointment of State Patrol
17.22troopers must be made in accordance with applicable laws governing the classified service;
17.23 (14) examination monitors and intermittent training instructors employed by the
17.24Departments of Management and Budget and Commerce and by professional examining
17.25boards and intermittent staff employed by the technical colleges for the administration of
17.26practical skills tests and for the staging of instructional demonstrations;
17.27 (15) student workers;
17.28 (16) executive directors or executive secretaries appointed by and reporting to any
17.29policy-making board or commission established by statute;
17.30 (17) employees unclassified pursuant to other statutory authority;
17.31 (18) intermittent help employed by the commissioner of agriculture to perform duties
17.32relating to pesticides, fertilizer, and seed regulation;
17Article 2 Sec. 5.
S0626-2 2nd EngrossmentSF626 REVISOR AGW 18.1 (19) the administrators and the deputy administrators at the State Academies for the
18.2Deaf and the Blind; and
18.3 (20) the chief executive officer of Direct Care and Treatment who serves as the deputy
18.4agency head.
18.5 Sec. 6. Minnesota Statutes 2024, section 43A.08, subdivision 1a, is amended to read:
18.6 Subd. 1a.Additional unclassified positions.Appointing authorities for the following
18.7agencies may designate additional unclassified positions according to this subdivision: the
18.8Departments of Administration; Agriculture; Children, Youth, and Families; Commerce;
18.9Corrections; Direct Care and Treatment; Education; Employment and Economic
18.10Development; Explore Minnesota Tourism; Management and Budget; Health; Human
18.11Rights; Human Services; Labor and Industry; Natural Resources; Public Safety; Revenue;
18.12Transportation; and Veterans Affairs; the Housing Finance and Pollution Control Agencies;
18.13the State Lottery; the State Board of Investment; the Office of Administrative Hearings; the
18.14Department of Information Technology Services; the Offices of the Attorney General,
18.15Secretary of State, and State Auditor; the Minnesota State Colleges and Universities; the
18.16Minnesota Office of Higher Education; the Perpich Center for Arts Education; Direct Care
18.17and Treatment; the Minnesota Zoological Board; and the Office of Emergency Medical
18.18Services.
18.19 A position designated by an appointing authority according to this subdivision must
18.20meet the following standards and criteria:
18.21 (1) the designation of the position would not be contrary to other law relating specifically
18.22to that agency;
18.23 (2) the person occupying the position would report directly to the agency head or deputy
18.24agency head and would be designated as part of the agency head's management team;
18.25 (3) the duties of the position would involve significant discretion and substantial
18.26involvement in the development, interpretation, and implementation of agency policy;
18.27 (4) the duties of the position would not require primarily personnel, accounting, or other
18.28technical expertise where continuity in the position would be important;
18.29 (5) there would be a need for the person occupying the position to be accountable to,
18.30loyal to, and compatible with, the governor and the agency head, the employing statutory
18.31board or commission, or the employing constitutional officer;
18Article 2 Sec. 6.
S0626-2 2nd EngrossmentSF626 REVISOR AGW 19.1 (6) the position would be at the level of division or bureau director or assistant to the
19.2agency head; and
19.3 (7) the commissioner has approved the designation as being consistent with the standards
19.4and criteria in this subdivision.
19.5 Sec. 7. Minnesota Statutes 2024, section 245.021, is amended to read:
19.6 245.021 DEFINITIONS DEFINITION.
19.7 (a) For the purposes of this chapter, the definitions definition in this section have has
19.8the meanings meaning given them.
19.9 (b) "Commissioner" means the commissioner of human services.
19.10 (c) "Executive board" has the meaning given in section 246C.015.
19.11Sec. 8. Minnesota Statutes 2024, section 245.073, is amended to read:
19.12 245.073 TECHNICAL TRAINING; COMMUNITY-BASED PROGRAMS.
19.13 (a) In conjunction with the discharge of persons from regional treatment centers and
19.14their admission to state-operated and privately operated community-based programs, the
19.15commissioner may provide technical training assistance to the community-based programs.
19.16The commissioner may apply for and accept money from any source including reimbursement
19.17charges from the community-based programs for reasonable costs of training. Money
19.18received must be deposited in the general fund and is appropriated annually to the
19.19commissioner of human services for training under this section.
19.20 (b) The commissioner must coordinate with the executive board commissioner of direct
19.21care and treatment or the commissioner's designee to provide technical training assistance
19.22to community-based programs under this section and section 246C.11, subdivision 5.
19.23Sec. 9. Minnesota Statutes 2024, section 246.13, subdivision 1, is amended to read:
19.24 Subdivision 1.Executive board Record responsibilities.(a) The chief executive officer
19.25or a designee shall have, accessible only by consent of the executive board commissioner
19.26or on the order of a judge or court of record, a record showing:
19.27 (1) the residence, sex, age, nativity, occupation, civil condition, and date of entrance or
19.28commitment of every person, in the state-operated services facilities as defined under section
19.29246C.02 under exclusive control of the executive board commissioner;
19.30 (2) the date of discharge of any such person and whether such discharge was final;
19Article 2 Sec. 9.
S0626-2 2nd EngrossmentSF626 REVISOR AGW 20.1 (3) the condition of the person when the person left the state-operated services facility;
20.2 (4) the vulnerable adult abuse prevention associated with the person; and
20.3 (5) the date and cause of any death of such person.
20.4 (b) The record in paragraph (a) must state every transfer of a person from one
20.5state-operated services facility to another, naming each state-operated services facility. The
20.6head of each facility or a designee must provide this transfer information to the executive
20.7board commissioner, along with other obtainable facts as the executive board commissioner
20.8requests.
20.9 (c) The head of the state-operated services facility or designee shall inform the executive
20.10board commissioner of any discharge, transfer, or death of a person in that facility within
20.11ten days of the date of discharge, transfer, or death in a manner determined by the executive
20.12board commissioner.
20.13 (d) The executive board commissioner shall maintain an adequate system of records and
20.14statistics for all basic record forms, including patient personal records and medical record
20.15forms. The use and maintenance of such records must be consistent throughout all
20.16state-operated services facilities.
20.17Sec. 10. Minnesota Statutes 2024, section 246B.01, is amended by adding a subdivision
20.18to read:
20.19 Subd. 2e.Commissioner."Commissioner" means the commissioner of direct care and
20.20treatment.
20.21Sec. 11. Minnesota Statutes 2024, section 252.021, is amended by adding a subdivision
20.22to read:
20.23 Subd. 4.Commissioner."Commissioner" means the commissioner of human services.
20.24Sec. 12. Minnesota Statutes 2024, section 252.50, subdivision 5, is amended to read:
20.25 Subd. 5.Location of programs.(a) In determining the location of state-operated,
20.26community-based programs, the needs of the individual client shall be paramount. The
20.27executive board commissioner of direct care and treatment shall also take into account:
20.28 (1) prioritization of beds in state-operated, community-based programs for individuals
20.29with complex behavioral needs that cannot be met by private community-based providers;
20Article 2 Sec. 12.
S0626-2 2nd EngrossmentSF626 REVISOR AGW 21.1 (2) choices made by individuals who chose to move to a more integrated setting, and
21.2shall coordinate with the lead agency to ensure that appropriate person-centered transition
21.3plans are created;
21.4 (3) the personal preferences of the persons being served and their families as determined
21.5by Minnesota Rules, parts 9525.0004 to 9525.0036;
21.6 (4) the location of the support services established by the individual service plans of the
21.7persons being served;
21.8 (5) the appropriate grouping of the persons served;
21.9 (6) the availability of qualified staff;
21.10 (7) the need for state-operated, community-based programs in the geographical region
21.11of the state; and
21.12 (8) a reasonable commuting distance from a regional treatment center or the residences
21.13of the program staff.
21.14 (b) The executive board commissioner of direct care and treatment must locate
21.15state-operated, community-based programs in coordination with the commissioner of human
21.16services according to section 252.28.
21.17Sec. 13. Minnesota Statutes 2024, section 253.195, is amended by adding a subdivision
21.18to read:
21.19 Subd. 2a.Commissioner."Commissioner" means the commissioner of direct care and
21.20treatment.
21.21Sec. 14. Minnesota Statutes 2024, section 253B.02, is amended by adding a subdivision
21.22to read:
21.23 Subd. 2a.Commissioner."Commissioner" means the commissioner of direct care and
21.24treatment.
21.25Sec. 15. Minnesota Statutes 2024, section 253B.02, subdivision 3, is amended to read:
21.26 Subd. 3.Commissioner of human services."Commissioner of human services" means
21.27the commissioner of human services or the commissioner's designee.
21Article 2 Sec. 15.
S0626-2 2nd EngrossmentSF626 REVISOR AGW 22.1 Sec. 16. Minnesota Statutes 2024, section 253B.02, subdivision 4c, is amended to read:
22.2 Subd. 4c.County of financial responsibility.(a) "County of financial responsibility"
22.3has the meaning specified in chapter 256G. This definition does not require that the person
22.4qualifies for or receives any other form of financial, medical, or social service assistance
22.5in addition to the services under this chapter. Disputes about the county of financial
22.6responsibility shall be submitted for determination to the executive board commissioner
22.7through the commissioner of human services in the manner prescribed in section 256G.09.
22.8 (b) For purposes of proper venue for filing a petition pursuant to section 253B.064,
22.9subdivision 1, paragraph (a); 253B.07, subdivision 1, paragraph (a); or 253D.07, where the
22.10designated agency of a county has determined that it is the county of financial responsibility,
22.11then that county is the county of financial responsibility until a different determination is
22.12made by the appropriate county agencies or the commissioner of human services pursuant
22.13to chapter 256G.
22.14Sec. 17. Minnesota Statutes 2024, section 253B.03, subdivision 7, is amended to read:
22.15 Subd. 7.Treatment plan.A patient receiving services under this chapter has the right
22.16to receive proper care and treatment, best adapted, according to contemporary professional
22.17standards, to rendering further supervision unnecessary. The treatment facility, state-operated
22.18treatment program, or community-based treatment program shall devise a written treatment
22.19plan for each patient which describes in behavioral terms the case problems, the precise
22.20goals, including the expected period of time for treatment, and the specific measures to be
22.21employed. The development and review of treatment plans must be conducted as required
22.22under the license or certification of the treatment facility, state-operated treatment program,
22.23or community-based treatment program. If there are no review requirements under the
22.24license or certification, the treatment plan must be reviewed quarterly. The treatment plan
22.25shall be devised and reviewed with the designated agency and with the patient. The clinical
22.26record shall reflect the treatment plan review. If the designated agency or the patient does
22.27not participate in the planning and review, the clinical record shall include reasons for
22.28nonparticipation and the plans for future involvement. The commissioner of human services
22.29shall monitor the treatment plan and review process for state-operated treatment programs
22.30to ensure compliance with the provisions of this subdivision.
22.31Sec. 18. Minnesota Statutes 2024, section 253B.041, subdivision 4, is amended to read:
22.32 Subd. 4.Evaluation.Counties may, but are not required to, provide engagement services.
22.33The commissioner of human services may conduct a pilot project evaluating the impact of
22Article 2 Sec. 18.
S0626-2 2nd EngrossmentSF626 REVISOR AGW 23.1engagement services in decreasing commitments, increasing engagement in treatment, and
23.2other measures.
23.3 Sec. 19. Minnesota Statutes 2024, section 253B.09, subdivision 3a, is amended to read:
23.4 Subd. 3a.Reporting judicial commitments; private treatment program or
23.5facility.Notwithstanding section 253B.23, subdivision 9, when a court commits a patient
23.6to a non-state-operated treatment facility or program, the court shall report the commitment
23.7to the commissioner through the supreme court information system for purposes of providing
23.8commitment information for firearm background checks under section 246C.15. If the
23.9patient is committed to a state-operated treatment program, the court shall send a copy of
23.10the commitment order to the commissioner and the executive board.
23.11Sec. 20. Minnesota Statutes 2024, section 253B.18, subdivision 6, is amended to read:
23.12 Subd. 6.Transfer.(a) A patient who is a person who has a mental illness and is
23.13dangerous to the public shall not be transferred out of a secure treatment facility unless it
23.14appears to the satisfaction of the executive board commissioner, after a hearing and favorable
23.15recommendation by a majority of the special review board, that the transfer is appropriate.
23.16Transfer may be to another state-operated treatment program. In those instances where a
23.17commitment also exists to the Department of Corrections, transfer may be to a facility
23.18designated by the commissioner of corrections.
23.19 (b) The following factors must be considered in determining whether a transfer is
23.20appropriate:
23.21 (1) the person's clinical progress and present treatment needs;
23.22 (2) the need for security to accomplish continuing treatment;
23.23 (3) the need for continued institutionalization;
23.24 (4) which facility can best meet the person's needs; and
23.25 (5) whether transfer can be accomplished with a reasonable degree of safety for the
23.26public.
23.27 (c) If a committed person has been transferred out of a secure treatment facility pursuant
23.28to this subdivision, that committed person may voluntarily return to a secure treatment
23.29facility for a period of up to 60 days with the consent of the head of the treatment facility.
23.30 (d) If the committed person is not returned to the original, nonsecure transfer facility
23.31within 60 days of being readmitted to a secure treatment facility, the transfer is revoked and
23Article 2 Sec. 20.
S0626-2 2nd EngrossmentSF626 REVISOR AGW 24.1the committed person must remain in a secure treatment facility. The committed person
24.2must immediately be notified in writing of the revocation.
24.3 (e) Within 15 days of receiving notice of the revocation, the committed person may
24.4petition the special review board for a review of the revocation. The special review board
24.5shall review the circumstances of the revocation and shall recommend to the commissioner
24.6whether or not the revocation should be upheld. The special review board may also
24.7recommend a new transfer at the time of the revocation hearing.
24.8 (f) No action by the special review board is required if the transfer has not been revoked
24.9and the committed person is returned to the original, nonsecure transfer facility with no
24.10substantive change to the conditions of the transfer ordered under this subdivision.
24.11 (g) The head of the treatment facility may revoke a transfer made under this subdivision
24.12and require a committed person to return to a secure treatment facility if:
24.13 (1) remaining in a nonsecure setting does not provide a reasonable degree of safety to
24.14the committed person or others; or
24.15 (2) the committed person has regressed clinically and the facility to which the committed
24.16person was transferred does not meet the committed person's needs.
24.17 (h) Upon the revocation of the transfer, the committed person must be immediately
24.18returned to a secure treatment facility. A report documenting the reasons for revocation
24.19must be issued by the head of the treatment facility within seven days after the committed
24.20person is returned to the secure treatment facility. Advance notice to the committed person
24.21of the revocation is not required.
24.22 (i) The committed person must be provided a copy of the revocation report and informed,
24.23orally and in writing, of the rights of a committed person under this section. The revocation
24.24report must be served upon the committed person, the committed person's counsel, and the
24.25designated agency. The report must outline the specific reasons for the revocation, including
24.26but not limited to the specific facts upon which the revocation is based.
24.27 (j) If a committed person's transfer is revoked, the committed person may re-petition for
24.28transfer according to subdivision 5.
24.29 (k) A committed person aggrieved by a transfer revocation decision may petition the
24.30special review board within seven business days after receipt of the revocation report for a
24.31review of the revocation. The matter must be scheduled within 30 days. The special review
24.32board shall review the circumstances leading to the revocation and, after considering the
24.33factors in paragraph (b), shall recommend to the commissioner whether or not the revocation
24Article 2 Sec. 20.
S0626-2 2nd EngrossmentSF626 REVISOR AGW 25.1shall be upheld. The special review board may also recommend a new transfer out of a
25.2secure treatment facility at the time of the revocation hearing.
25.3 Sec. 21. Minnesota Statutes 2024, section 253B.19, subdivision 2, is amended to read:
25.4 Subd. 2.Petition; hearing.(a) A patient committed as a person who has a mental illness
25.5and is dangerous to the public under section 253B.18, or the county attorney of the county
25.6from which the patient was committed or the county of financial responsibility, may petition
25.7the judicial appeal panel for a rehearing and reconsideration of a decision by the
25.8commissioner under section 253B.18, subdivision 5. The judicial appeal panel must not
25.9consider petitions for relief other than those considered by the executive board commissioner
25.10from which the appeal is taken. The petition must be filed with the supreme court within
25.1130 days after the decision of the executive board commissioner is signed. The hearing must
25.12be held within 45 days of the filing of the petition unless an extension is granted for good
25.13cause.
25.14 (b) For an appeal under paragraph (a), the supreme court shall refer the petition to the
25.15chief judge of the judicial appeal panel. The chief judge shall notify the patient, the county
25.16attorney of the county of commitment, the designated agency, the executive board
25.17commissioner, the head of the facility or program to which the patient was committed, any
25.18interested person, and other persons the chief judge designates, of the time and place of the
25.19hearing on the petition. The notice shall be given at least 14 days prior to the date of the
25.20hearing.
25.21 (c) Any person may oppose the petition. The patient, the patient's counsel, the county
25.22attorney of the committing county or the county of financial responsibility, and the executive
25.23board commissioner shall participate as parties to the proceeding pending before the judicial
25.24appeal panel and shall, except when the patient is committed solely as a person who has a
25.25mental illness and is dangerous to the public, no later than 20 days before the hearing on
25.26the petition, inform the judicial appeal panel and the opposing party in writing whether they
25.27support or oppose the petition and provide a summary of facts in support of their position.
25.28The judicial appeal panel may appoint court examiners and may adjourn the hearing from
25.29time to time. It shall hear and receive all relevant testimony and evidence and make a record
25.30of all proceedings. The patient, the patient's counsel, and the county attorney of the
25.31committing county or the county of financial responsibility have the right to be present and
25.32may present and cross-examine all witnesses and offer a factual and legal basis in support
25.33of their positions. The petitioning party seeking discharge or provisional discharge bears
25.34the burden of going forward with the evidence, which means presenting a prima facie case
25Article 2 Sec. 21.
S0626-2 2nd EngrossmentSF626 REVISOR AGW 26.1with competent evidence to show that the person is entitled to the requested relief. If the
26.2petitioning party has met this burden, the party opposing discharge or provisional discharge
26.3bears the burden of proof by clear and convincing evidence that the discharge or provisional
26.4discharge should be denied. A party seeking transfer under section 253B.18, subdivision 6,
26.5must establish by a preponderance of the evidence that the transfer is appropriate.
26.6 Sec. 22. Minnesota Statutes 2024, section 253B.20, subdivision 2, is amended to read:
26.7 Subd. 2.Necessities.(a) The state-operated treatment program shall make necessary
26.8arrangements at the expense of the state to insure that no patient is discharged or provisionally
26.9discharged without suitable clothing. The head of the state-operated treatment program
26.10shall, if necessary, provide the patient with a sufficient sum of money to secure transportation
26.11home, or to another destination of the patient's choice, if the destination is located within a
26.12reasonable distance of the state-operated treatment program.
26.13 (b) The commissioner of human services shall establish procedures by rule to help the
26.14patient receive all public assistance benefits provided by state or federal law to which the
26.15patient is entitled by residence and circumstances. The rule shall be uniformly applied in
26.16all counties. All counties shall provide temporary relief whenever necessary to meet the
26.17intent of this subdivision.
26.18 (c) The commissioner of human services and the executive board commissioner may
26.19adopt joint rules necessary to accomplish the requirements under paragraph (b).
26.20Sec. 23. Minnesota Statutes 2024, section 253D.02, is amended by adding a subdivision
26.21to read:
26.22 Subd. 2a.Commissioner."Commissioner" means the commissioner of direct care and
26.23treatment.
26.24Sec. 24. Minnesota Statutes 2024, section 253D.02, subdivision 3, is amended to read:
26.25 Subd. 3.Commissioner of corrections."Commissioner of corrections" means the
26.26commissioner of corrections or the commissioner's designee.
26.27Sec. 25. Minnesota Statutes 2024, section 254B.05, subdivision 4, is amended to read:
26.28 Subd. 4.Regional treatment centers.Regional treatment center substance use disorder
26.29treatment units are eligible vendors. The executive board commissioner of direct care and
26.30treatment may expand the capacity of substance use disorder treatment units beyond the
26.31capacity funded by direct legislative appropriation to serve individuals who are referred for
26Article 2 Sec. 25.
S0626-2 2nd EngrossmentSF626 REVISOR AGW 27.1treatment by counties and whose treatment will be paid for by funding under this chapter
27.2or other funding sources. Notwithstanding the provisions of sections 254B.03 to 254B.04,
27.3payment for any person committed at county request to a regional treatment center under
27.4chapter 253B for chemical dependency treatment and determined to be ineligible under the
27.5behavioral health fund, shall become the responsibility of the county.
27.6 Sec. 26. Minnesota Statutes 2024, section 256.045, is amended by adding a subdivision
27.7to read:
27.8 Subd. 1b.Commissioner.For purposes of this section, "commissioner" means the
27.9commissioner of human services.
27.10Sec. 27. Minnesota Statutes 2024, section 256.045, subdivision 6, is amended to read:
27.11 Subd. 6.Additional powers of commissioner; subpoenas.(a) The commissioner of
27.12human services, the commissioner of health for matters within the commissioner's jurisdiction
27.13under subdivision 3b, or the Direct Care and Treatment executive board commissioner of
27.14direct care and treatment for matters within the commissioner's jurisdiction of the executive
27.15board under subdivision 5a, may initiate a review of any action or decision of a county
27.16agency and direct that the matter be presented to a state human services judge for a hearing
27.17held under subdivision 3, 3a, 3b, or 4a. In all matters dealing with human services committed
27.18by law to the discretion of the county agency, the judgment of the applicable commissioner
27.19or executive board may be substituted for that of the county agency. The applicable
27.20commissioner or executive board may order an independent examination when appropriate.
27.21 (b) Any party to a hearing held pursuant to subdivision 3, 3a, 3b, or 4a may request that
27.22the applicable commissioner or executive board issue a subpoena to compel the attendance
27.23of witnesses and the production of records at the hearing. A local agency may request that
27.24the applicable commissioner or executive board issue a subpoena to compel the release of
27.25information from third parties prior to a request for a hearing under section 256.046 upon
27.26a showing of relevance to such a proceeding. The issuance, service, and enforcement of
27.27subpoenas under this subdivision is governed by section 357.22 and the Minnesota Rules
27.28of Civil Procedure.
27.29 (c) The commissioner of human services may issue a temporary order staying a proposed
27.30demission by a residential facility licensed under chapter 245A:
27.31 (1) while an appeal by a recipient under subdivision 3 is pending;
27Article 2 Sec. 27.
S0626-2 2nd EngrossmentSF626 REVISOR AGW 28.1 (2) for the period of time necessary for the case management provider to implement the
28.2commissioner's order; or
28.3 (3) for appeals under subdivision 3, paragraph (a), clause (11), when the individual is
28.4seeking a temporary stay of demission on the basis that the county has not yet finalized an
28.5alternative arrangement for a residential facility, a program, or services that will meet the
28.6assessed needs of the individual by the effective date of the service termination, a temporary
28.7stay of demission may be issued for no more than 30 calendar days to allow for such
28.8arrangements to be finalized.
28.9 Sec. 28. Minnesota Statutes 2024, section 256.045, subdivision 7, is amended to read:
28.10 Subd. 7.Judicial review.Except for a prepaid health plan, any party who is aggrieved
28.11by an order of the commissioner of human services; the commissioner of health; or the
28.12commissioner of children, youth, and families in appeals within the commissioner's
28.13jurisdiction under subdivision 3b; or the Direct Care and Treatment executive board
28.14commissioner of direct care and treatment in appeals within the commissioner's jurisdiction
28.15of the executive board under subdivision 5a may appeal the order to the district court of the
28.16county responsible for furnishing assistance, or, in appeals under subdivision 3b, the county
28.17where the maltreatment occurred, by serving a written copy of a notice of appeal upon the
28.18applicable commissioner or executive board and any adverse party of record within 30 days
28.19after the date the commissioner or executive board issued the order, the amended order, or
28.20order affirming the original order, and by filing the original notice and proof of service with
28.21the court administrator of the district court. Service may be made personally or by mail;
28.22service by mail is complete upon mailing; no filing fee shall be required by the court
28.23administrator in appeals taken pursuant to this subdivision, with the exception of appeals
28.24taken under subdivision 3b. The applicable commissioner or executive board may elect to
28.25become a party to the proceedings in the district court. Except for appeals under subdivision
28.263b, any party may demand that the applicable commissioner or executive board furnish all
28.27parties to the proceedings with a copy of the decision, and a transcript of any testimony,
28.28evidence, or other supporting papers from the hearing held before the human services judge,
28.29by serving a written demand upon the applicable commissioner or executive board within
28.3030 days after service of the notice of appeal. Any party aggrieved by the failure of an adverse
28.31party to obey an order issued by the applicable commissioner or executive board under
28.32subdivision 5 or 5a may compel performance according to the order in the manner prescribed
28.33in sections 586.01 to 586.12.
28Article 2 Sec. 28.
S0626-2 2nd EngrossmentSF626 REVISOR AGW 29.1 Sec. 29. Minnesota Statutes 2024, section 256G.09, subdivision 3, is amended to read:
29.2 Subd. 3.Commissioner obligations.(a) Except as provided in paragraph (b) for matters
29.3under the jurisdiction of the Direct Care and Treatment executive board commissioner of
29.4direct care and treatment, the commissioner shall then promptly decide any question of
29.5financial responsibility as outlined in this chapter and make an order referring the application
29.6to the local agency of the proper county for further action. Further action may include
29.7reimbursement by that county of assistance that another county has provided to the applicant
29.8under this subdivision. The commissioner shall decide disputes within 60 days of the last
29.9county evidentiary submission and shall issue an immediate opinion.
29.10 (b) For disputes regarding financial responsibility relating to matters under the jurisdiction
29.11of the direct care and treatment executive board commissioner of direct care and treatment,
29.12the commissioner shall promptly issue an advisory opinion on any question of financial
29.13responsibility as outlined in this chapter and recommend to the executive board commissioner
29.14of direct care and treatment an order referring the application to the local agency of the
29.15proper county for further action. Further action may include reimbursement by that county
29.16of assistance that another county has provided to the applicant under this subdivision. The
29.17commissioner shall provide an advisory opinion and recommended order to the executive
29.18board commissioner of direct care and treatment within 30 days of the last county evidentiary
29.19submission. The executive board commissioner of direct care and treatment shall decide to
29.20accept or reject the commissioner's advisory opinion and recommended order within 60
29.21days of the last county evidentiary submission and shall issue an immediate opinion stating
29.22the reasons for accepting or rejecting the commissioner's recommendation.
29.23 (c) The commissioner may make any investigation it the commissioner considers proper
29.24before making a decision or a recommendation to the executive board commissioner of
29.25direct care and treatment. The commissioner may prescribe rules it the commissioner
29.26considers necessary to carry out this subdivision except that the commissioner must not
29.27create rules purporting to bind the executive board's decision of the commissioner of direct
29.28care and treatment on any advisory opinion or recommended order under paragraph (b).
29.29 (d) Except as provided in paragraph (e) for matters under the jurisdiction of the executive
29.30board commissioner of direct care and treatment, the order of the commissioner binds the
29.31local agency involved and the applicant or recipient. That agency shall comply with the
29.32order unless reversed on appeal as provided in section 256.045, subdivision 7. The agency
29.33shall comply with the order pending the appeal.
29Article 2 Sec. 29.
S0626-2 2nd EngrossmentSF626 REVISOR AGW 30.1 (e) For disputes regarding financial responsibility relating to matters under the jurisdiction
30.2of the Direct Care and Treatment executive board commissioner of direct care and treatment,
30.3the order of the executive board commissioner of direct care and treatment binds the local
30.4agency involved and the applicant or recipient. That agency shall comply with the order of
30.5the executive board commissioner of direct care and treatment unless the order is reversed
30.6on appeal as provided in section 256.045, subdivision 7. The agency shall comply with the
30.7order of the executive board commissioner of direct care and treatment pending the appeal.
30.8 Sec. 30. Minnesota Statutes 2024, section 352.91, subdivision 2a, is amended to read:
30.9 Subd. 2a.Special teachers."Covered correctional service" also means service rendered
30.10by a state employee as a special teacher employed by the Department of Corrections or by
30.11the Department of Direct Care and Treatment at a security unit, provided that at least 75
30.12percent of the employee's working time is spent in direct contact with inmates or patients
30.13and the fact of this direct contact is certified to the executive director by the appropriate
30.14commissioner or executive board, unless the person elects to retain the current retirement
30.15coverage under Laws 1996, chapter 408, article 8, section 21.
30.16Sec. 31. Minnesota Statutes 2024, section 352.91, subdivision 3c, is amended to read:
30.17 Subd. 3c.Nursing personnel.(a) "Covered correctional service" means service by a
30.18state employee in one of the employment positions at a correctional facility, in the
30.19state-operated forensic services program, or in the Minnesota Sex Offender Program that
30.20are specified in paragraph (b) if at least 75 percent of the employee's working time is spent
30.21in direct contact with inmates or patients and the fact of this direct contact is certified to the
30.22executive director by the appropriate commissioner or executive board.
30.23 (b) The employment positions are as follows:
30.24 (1) registered nurse - senior;
30.25 (2) registered nurse;
30.26 (3) registered nurse - principal;
30.27 (4) licensed practical nurse;
30.28 (5) registered nurse advance practice; and
30.29 (6) psychiatric advance practice registered nurse.
30Article 2 Sec. 31.
S0626-2 2nd EngrossmentSF626 REVISOR AGW 31.1 Sec. 32. Minnesota Statutes 2024, section 352.91, subdivision 3d, is amended to read:
31.2 Subd. 3d.Other correctional personnel.(a) "Covered correctional service" means
31.3service by a state employee in one of the employment positions at a correctional facility or
31.4in the state-operated forensic services program specified in paragraph (b) if at least 75
31.5percent of the employee's working time is spent in direct contact with inmates or patients
31.6and the fact of this direct contact is certified to the executive director by the appropriate
31.7commissioner or executive board.
31.8 (b) The employment positions are:
31.9 (1) automotive mechanic;
31.10 (2) baker;
31.11 (3) central services administrative specialist, intermediate;
31.12 (4) central services administrative specialist, principal;
31.13 (5) chaplain;
31.14 (6) chief cook;
31.15 (7) clinical program therapist 1;
31.16 (8) clinical program therapist 2;
31.17 (9) clinical program therapist 3;
31.18 (10) clinical program therapist 4;
31.19 (11) cook;
31.20 (12) cook coordinator;
31.21 (13) corrections inmate program coordinator;
31.22 (14) corrections transitions program coordinator;
31.23 (15) corrections security caseworker;
31.24 (16) corrections security caseworker career;
31.25 (17) corrections teaching assistant;
31.26 (18) delivery van driver;
31.27 (19) dentist;
31.28 (20) electrician supervisor;
31Article 2 Sec. 32.
S0626-2 2nd EngrossmentSF626 REVISOR AGW 32.1 (21) general maintenance worker lead;
32.2 (22) general repair worker;
32.3 (23) library/information research services specialist;
32.4 (24) library/information research services specialist senior;
32.5 (25) library technician;
32.6 (26) painter lead;
32.7 (27) plant maintenance engineer lead;
32.8 (28) plumber supervisor;
32.9 (29) psychologist 1;
32.10 (30) psychologist 3;
32.11 (31) recreation therapist;
32.12 (32) recreation therapist coordinator;
32.13 (33) recreation program assistant;
32.14 (34) recreation therapist senior;
32.15 (35) sports medicine specialist;
32.16 (36) work therapy assistant;
32.17 (37) work therapy program coordinator; and
32.18 (38) work therapy technician.
32.19Sec. 33. Minnesota Statutes 2024, section 352.91, subdivision 4a, is amended to read:
32.20 Subd. 4a.Process for evaluating and recommending potential employment positions
32.21for membership inclusion.(a) The Department of Corrections and the Department of
32.22Direct Care and Treatment must establish a procedure for evaluating periodic requests by
32.23department and agency employees for qualification for recommendation by the applicable
32.24commissioner or executive board for inclusion of the employment position in the correctional
32.25facility or direct care and treatment facility in the correctional retirement plan and for
32.26periodically determining employment positions that no longer qualify for continued
32.27correctional retirement plan coverage.
32.28 (b) The procedure must provide for an evaluation of the extent of the employee's working
32.29time spent in direct contact with patients or inmates, the extent of the physical hazard that
32Article 2 Sec. 33.
S0626-2 2nd EngrossmentSF626 REVISOR AGW 33.1the employee is routinely subjected to in the course of employment, and the extent of
33.2intervention routinely expected of the employee in the event of a facility incident. The
33.3percentage of routine direct contact with inmates or patients may not be less than 75 percent.
33.4 (c) The applicable commissioner or executive board shall notify the employee of the
33.5determination of the appropriateness of recommending the employment position for inclusion
33.6in the correctional retirement plan, if the evaluation procedure results in a finding that the
33.7employee:
33.8 (1) routinely spends 75 percent of the employee's time in direct contact with inmates or
33.9patients; and
33.10 (2) is regularly engaged in the rehabilitation, treatment, custody, or supervision of inmates
33.11or patients.
33.12 (d) After providing the affected employee an opportunity to dispute or clarify any
33.13evaluation determinations, if the applicable commissioner or executive board determines
33.14that the employment position is appropriate for inclusion in the correctional retirement plan,
33.15the commissioner or executive board shall forward that recommendation and supporting
33.16documentation to the chair of the Legislative Commission on Pensions and Retirement, the
33.17chair of the State and Local Governmental Operations Committee of the senate, the chair
33.18of the Governmental Operations and Veterans Affairs Policy Committee of the house of
33.19representatives, and the executive director of the Legislative Commission on Pensions and
33.20Retirement in the form of the appropriate proposed legislation. The recommendation must
33.21be forwarded to the legislature before January 15 for the recommendation to be considered
33.22in that year's legislative session.
33.23Sec. 34. Minnesota Statutes 2024, section 524.3-801, is amended to read:
33.24 524.3-801 NOTICE TO CREDITORS.
33.25 (a) Unless notice has already been given under this section, upon appointment of a
33.26general personal representative in informal proceedings or upon the filing of a petition for
33.27formal appointment of a general personal representative, notice thereof, in the form prescribed
33.28by court rule, shall be given under the direction of the court administrator by publication
33.29once a week for two successive weeks in a legal newspaper in the county wherein the
33.30proceedings are pending giving the name and address of the general personal representative
33.31and notifying creditors of the estate to present their claims within four months after the date
33.32of the court administrator's notice which is subsequently published or be forever barred,
33.33unless they are entitled to further service of notice under paragraph (b) or (c).
33Article 2 Sec. 34.
S0626-2 2nd EngrossmentSF626 REVISOR AGW 34.1 (b) The personal representative shall, within three months after the date of the first
34.2publication of the notice, serve a copy of the notice upon each then known and identified
34.3creditor in the manner provided in paragraph (c). If the decedent or a predeceased spouse
34.4of the decedent received assistance for which a claim could be filed under section 246.53,
34.5256B.15, 256D.16, or 261.04, notice to the commissioner of human services or Direct Care
34.6and Treatment executive board the commissioner of direct care and treatment, as applicable,
34.7must be given under paragraph (d) instead of under this paragraph or paragraph (c). A
34.8creditor is "known" if: (i) the personal representative knows that the creditor has asserted
34.9a claim that arose during the decedent's life against either the decedent or the decedent's
34.10estate; (ii) the creditor has asserted a claim that arose during the decedent's life and the fact
34.11is clearly disclosed in accessible financial records known and available to the personal
34.12representative; or (iii) the claim of the creditor would be revealed by a reasonably diligent
34.13search for creditors of the decedent in accessible financial records known and available to
34.14the personal representative. Under this section, a creditor is "identified" if the personal
34.15representative's knowledge of the name and address of the creditor will permit service of
34.16notice to be made under paragraph (c).
34.17 (c) Unless the claim has already been presented to the personal representative or paid,
34.18the personal representative shall serve a copy of the notice required by paragraph (b) upon
34.19each creditor of the decedent who is then known to the personal representative and identified
34.20either by delivery of a copy of the required notice to the creditor, or by mailing a copy of
34.21the notice to the creditor by certified, registered, or ordinary first class mail addressed to
34.22the creditor at the creditor's office or place of residence.
34.23 (d)(1) Effective for decedents dying on or after July 1, 1997, if the decedent or a
34.24predeceased spouse of the decedent received assistance for which a claim could be filed
34.25under section 246.53, 256B.15, 256D.16, or 261.04, the personal representative or the
34.26attorney for the personal representative shall serve the commissioner of human services or
34.27executive board the commissioner of direct care and treatment, as applicable, with notice
34.28in the manner prescribed in paragraph (c), or electronically in a manner prescribed by the
34.29applicable commissioner or executive board, as soon as practicable after the appointment
34.30of the personal representative. The notice must state the decedent's full name, date of birth,
34.31and Social Security number and, to the extent then known after making a reasonably diligent
34.32inquiry, the full name, date of birth, and Social Security number for each of the decedent's
34.33predeceased spouses. The notice may also contain a statement that, after making a reasonably
34.34diligent inquiry, the personal representative has determined that the decedent did not have
34.35any predeceased spouses or that the personal representative has been unable to determine
34Article 2 Sec. 34.
S0626-2 2nd EngrossmentSF626 REVISOR AGW 35.1one or more of the previous items of information for a predeceased spouse of the decedent.
35.2A copy of the notice to creditors must be attached to and be a part of the notice to the
35.3applicable commissioner or executive board.
35.4 (2) Notwithstanding a will or other instrument or law to the contrary, except as allowed
35.5in this paragraph, no property subject to administration by the estate may be distributed by
35.6the estate or the personal representative until 70 days after the date the notice is served on
35.7the commissioner of human services or executive board commissioner of direct care and
35.8treatment as provided in paragraph (c), unless the local agency consents as provided for in
35.9clause (6). This restriction on distribution does not apply to the personal representative's
35.10sale of real or personal property, but does apply to the net proceeds the estate receives from
35.11these sales. The personal representative, or any person with personal knowledge of the facts,
35.12may provide an affidavit containing the description of any real or personal property affected
35.13by this paragraph and stating facts showing compliance with this paragraph. If the affidavit
35.14describes real property, it may be filed or recorded in the office of the county recorder or
35.15registrar of titles for the county where the real property is located. This paragraph does not
35.16apply to proceedings under sections 524.3-1203 and 525.31, or when a duly authorized
35.17agent of a county is acting as the personal representative of the estate.
35.18 (3) At any time before an order or decree is entered under section 524.3-1001 or
35.19524.3-1002, or a closing statement is filed under section 524.3-1003, the personal
35.20representative or the attorney for the personal representative may serve an amended notice
35.21on the commissioner of human services or executive board commissioner of direct care and
35.22treatment to add variations or other names of the decedent or a predeceased spouse named
35.23in the notice, the name of a predeceased spouse omitted from the notice, to add or correct
35.24the date of birth or Social Security number of a decedent or predeceased spouse named in
35.25the notice, or to correct any other deficiency in a prior notice. The amended notice must
35.26state the decedent's name, date of birth, and Social Security number, the case name, case
35.27number, and district court in which the estate is pending, and the date the notice being
35.28amended was served on the applicable commissioner or executive board. If the amendment
35.29adds the name of a predeceased spouse omitted from the notice, it must also state that
35.30spouse's full name, date of birth, and Social Security number. The amended notice must be
35.31served on the applicable commissioner or executive board in the same manner as the original
35.32notice. Upon service, the amended notice relates back to and is effective from the date the
35.33notice it amends was served, and the time for filing claims arising under section 246.53,
35.34256B.15, 256D.16 or 261.04 is extended by 60 days from the date of service of the amended
35.35notice. Claims filed during the 60-day period are undischarged and unbarred claims, may
35Article 2 Sec. 34.
S0626-2 2nd EngrossmentSF626 REVISOR AGW 36.1be prosecuted by the entities entitled to file those claims in accordance with section
36.2524.3-1004, and the limitations in section 524.3-1006 do not apply. The personal
36.3representative or any person with personal knowledge of the facts may provide and file or
36.4record an affidavit in the same manner as provided for in clause (1).
36.5 (4) Within one year after the date an order or decree is entered under section 524.3-1001
36.6or 524.3-1002 or a closing statement is filed under section 524.3-1003, any person who has
36.7an interest in property that was subject to administration by the estate may serve an amended
36.8notice on the commissioner of human services or executive board commissioner of direct
36.9care and treatment to add variations or other names of the decedent or a predeceased spouse
36.10named in the notice, the name of a predeceased spouse omitted from the notice, to add or
36.11correct the date of birth or Social Security number of a decedent or predeceased spouse
36.12named in the notice, or to correct any other deficiency in a prior notice. The amended notice
36.13must be served on the applicable commissioner or executive board in the same manner as
36.14the original notice and must contain the information required for amendments under clause
36.15(3). If the amendment adds the name of a predeceased spouse omitted from the notice, it
36.16must also state that spouse's full name, date of birth, and Social Security number. Upon
36.17service, the amended notice relates back to and is effective from the date the notice it amends
36.18was served. If the amended notice adds the name of an omitted predeceased spouse or adds
36.19or corrects the Social Security number or date of birth of the decedent or a predeceased
36.20spouse already named in the notice, then, notwithstanding any other laws to the contrary,
36.21claims against the decedent's estate on account of those persons resulting from the amendment
36.22and arising under section 246.53, 256B.15, 256D.16, or 261.04 are undischarged and
36.23unbarred claims, may be prosecuted by the entities entitled to file those claims in accordance
36.24with section 524.3-1004, and the limitations in section 524.3-1006 do not apply. The person
36.25filing the amendment or any other person with personal knowledge of the facts may provide
36.26and file or record an affidavit describing affected real or personal property in the same
36.27manner as clause (1).
36.28 (5) After one year from the date an order or decree is entered under section 524.3-1001
36.29or 524.3-1002, or a closing statement is filed under section 524.3-1003, no error, omission,
36.30or defect of any kind in the notice to the commissioner of human services or executive board
36.31commissioner of direct care and treatment required under this paragraph or in the process
36.32of service of the notice on the applicable commissioner or executive board, or the failure
36.33to serve the applicable commissioner or executive board with notice as required by this
36.34paragraph, makes any distribution of property by a personal representative void or voidable.
36Article 2 Sec. 34.
S0626-2 2nd EngrossmentSF626 REVISOR AGW 37.1The distributee's title to the distributed property shall be free of any claims based upon a
37.2failure to comply with this paragraph.
37.3 (6) The local agency may consent to a personal representative's request to distribute
37.4property subject to administration by the estate to distributees during the 70-day period after
37.5service of notice on the applicable commissioner or executive board. The local agency may
37.6grant or deny the request in whole or in part and may attach conditions to its consent as it
37.7deems appropriate. When the local agency consents to a distribution, it shall give the estate
37.8a written certificate evidencing its consent to the early distribution of assets at no cost. The
37.9certificate must include the name, case number, and district court in which the estate is
37.10pending, the name of the local agency, describe the specific real or personal property to
37.11which the consent applies, state that the local agency consents to the distribution of the
37.12specific property described in the consent during the 70-day period following service of the
37.13notice on the applicable commissioner or executive board, state that the consent is
37.14unconditional or list all of the terms and conditions of the consent, be dated, and may include
37.15other contents as may be appropriate. The certificate must be signed by the director of the
37.16local agency or the director's designees and is effective as of the date it is dated unless it
37.17provides otherwise. The signature of the director or the director's designee does not require
37.18any acknowledgment. The certificate shall be prima facie evidence of the facts it states,
37.19may be attached to or combined with a deed or any other instrument of conveyance and,
37.20when so attached or combined, shall constitute a single instrument. If the certificate describes
37.21real property, it shall be accepted for recording or filing by the county recorder or registrar
37.22of titles in the county in which the property is located. If the certificate describes real property
37.23and is not attached to or combined with a deed or other instrument of conveyance, it shall
37.24be accepted for recording or filing by the county recorder or registrar of titles in the county
37.25in which the property is located. The certificate constitutes a waiver of the 70-day period
37.26provided for in clause (2) with respect to the property it describes and is prima facie evidence
37.27of service of notice on the applicable commissioner or executive board. The certificate is
37.28not a waiver or relinquishment of any claims arising under section 246.53, 256B.15, 256D.16,
37.29or 261.04, and does not otherwise constitute a waiver of any of the personal representative's
37.30duties under this paragraph. Distributees who receive property pursuant to a consent to an
37.31early distribution shall remain liable to creditors of the estate as provided for by law.
37.32 (7) All affidavits provided for under this paragraph:
37.33 (i) shall be provided by persons who have personal knowledge of the facts stated in the
37.34affidavit;
37Article 2 Sec. 34.
S0626-2 2nd EngrossmentSF626 REVISOR AGW 38.1 (ii) may be filed or recorded in the office of the county recorder or registrar of titles in
38.2the county in which the real property they describe is located for the purpose of establishing
38.3compliance with the requirements of this paragraph; and
38.4 (iii) are prima facie evidence of the facts stated in the affidavit.
38.5 (8) This paragraph applies to the estates of decedents dying on or after July 1, 1997.
38.6Clause (5) also applies with respect to all notices served on the commissioner of human
38.7services before July 1, 1997, under Laws 1996, chapter 451, article 2, section 55. All notices
38.8served on the commissioner of human services before July 1, 1997, pursuant to Laws 1996,
38.9chapter 451, article 2, section 55, shall be deemed to be legally sufficient for the purposes
38.10for which they were intended, notwithstanding any errors, omissions or other defects.
38.11Sec. 35. Minnesota Statutes 2024, section 611.57, subdivision 2, is amended to read:
38.12 Subd. 2.Membership.(a) The Certification Advisory Committee consists of the
38.13following members:
38.14 (1) a mental health professional, as defined in section 245I.02, subdivision 27, with
38.15community behavioral health experience, appointed by the governor;
38.16 (2) a board-certified forensic psychiatrist with experience in competency evaluations,
38.17providing competency attainment services, or both, appointed by the governor;
38.18 (3) a board-certified forensic psychologist with experience in competency evaluations,
38.19providing competency attainment services, or both, appointed by the governor;
38.20 (4) the president of the Minnesota Corrections Association or a designee;
38.21 (5) the direct care and treatment deputy commissioner chief executive officer of direct
38.22care and treatment or a designee;
38.23 (6) the president of the Minnesota Association of County Social Service Administrators
38.24or a designee;
38.25 (7) the president of the Minnesota Association of Community Mental Health Providers
38.26or a designee;
38.27 (8) the president of the Minnesota Sheriffs' Association or a designee; and
38.28 (9) the executive director of the National Alliance on Mental Illness Minnesota or a
38.29designee.
38Article 2 Sec. 35.
S0626-2 2nd EngrossmentSF626 REVISOR AGW 39.1 (b) Members of the advisory committee serve without compensation and at the pleasure
39.2of the appointing authority. Vacancies shall be filled by the appointing authority consistent
39.3with the qualifications of the vacating member required by this subdivision.
39.4 Sec. 36. REVISOR INSTRUCTION.
39.5 The revisor of statutes shall renumber each provision of Minnesota Statutes listed in
39.6column A to the number listed in column B.
Column B39.7 Column A
246B.01, subdivision 2f39.8 246B.01, subdivision 2b
246B.01, subdivision 2g39.9 246B.01, subdivision 2c
246B.01, subdivision 2h39.10 246B.01, subdivision 2d
39.11Sec. 37. REPEALER.
39.12 Minnesota Statutes 2024, sections 246B.01, subdivision 2; 252.021, subdivision 2;
39.13253.195, subdivision 2; 253B.02, subdivision 7b; 253D.02, subdivision 7a; 254B.01,
39.14subdivision 15; 256.045, subdivision 1a; and 256G.02, subdivision 5a, are repealed.
39.15Sec. 38. EFFECTIVE DATE.
39.16 This article is effective the day following final enactment.
39Article 2 Sec. 38.
S0626-2 2nd EngrossmentSF626 REVISOR AGW Page.Ln 1.28COMMISSIONER OF DIRECT CARE AND TREATMENT..............ARTICLE 1
Page.Ln 13.25CONFORMING CHANGES.................................................................ARTICLE 2
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APPENDIX
Article locations for S0626-2 246B.01 MINNESOTA SEX OFFENDER PROGRAM; DEFINITIONS.
Subd. 2.Executive board."Executive board" has the meaning given in section 246C.015.
246C.015 DEFINITIONS.
Subd. 5a.Direct Care and Treatment."Direct Care and Treatment" means the agency of
Direct Care and Treatment established under this chapter.
Subd. 6.Executive board."Executive board" means the Direct Care and Treatment executive
board established under section 246C.06.
246C.06 EXECUTIVE BOARD; MEMBERSHIP; GOVERNANCE.
Subdivision 1.Establishment.The Direct Care and Treatment executive board is established.
Subd. 2.Membership.(a) The Direct Care and Treatment executive board consists of nine
members with seven voting members and two nonvoting members. The seven voting members
must include six members appointed by the governor with the advice and consent of the senate in
accordance with paragraph (b) and the commissioner of human services or a designee. The two
nonvoting members must be appointed in accordance with paragraph (c). Section 15.0597 applies
to all executive board appointments except for the commissioner of human services.
(b) The executive board voting members appointed by the governor must meet the following
qualifications:
(1) one member must be a licensed physician who is a psychiatrist or has experience in serving
behavioral health patients;
(2) two members must have experience serving on a hospital or nonprofit board; and
(3) three members must have experience working: (i) in the delivery of behavioral health services
or care coordination or in traditional healing practices; (ii) as a licensed health care professional;
(iii) within health care administration; or (iv) with residential services.
(c) The executive board nonvoting members must be appointed as follows:
(1) one member appointed by the Association of Counties; and
(2) one member who has an active role as a union representative representing staff at Direct
Care and Treatment appointed by joint representatives of the following unions: American Federation
of State, County and Municipal Employees (AFSCME); Minnesota Association of Professional
Employees (MAPE); Minnesota Nurses Association (MNA); Middle Management Association
(MMA); and State Residential Schools Education Association (SRSEA).
(d) Membership on the board must include representation from outside the seven-county
metropolitan area, as defined in section 473.121, subdivision 2.
(e) A voting member of the executive board must not be or must not have been within one year
prior to appointment: (1) an employee of Direct Care and Treatment; (2) an employee of a county,
including a county commissioner; (3) an active employee or representative of a labor union that
represents employees of Direct Care and Treatment; or (4) a member of the state legislature. This
paragraph does not apply to the nonvoting members or the commissioner of human services or
designee.
Subd. 3.Procedures.Except as otherwise provided in this section, the membership terms and
removal and filling of vacancies for the executive board are governed by section 15.0575.
Subd. 4.Compensation.(a) Notwithstanding section 15.0575, subdivision 3, paragraph (a),
the nonvoting members of the executive board must not receive daily compensation for executive
board activities. Nonvoting members of the executive board may receive expenses in the same
manner and amount as authorized by the commissioner's plan adopted under section 43A.18,
subdivision 2. Nonvoting members who, as a result of time spent attending board meetings, incur
child care expenses that would not otherwise have been incurred may be reimbursed for those
expenses upon board authorization.
(b) Notwithstanding section 15.0575, subdivision 3, paragraph (a), the Compensation Council
under section 15A.082 must determine the compensation for voting members of the executive board
per day spent on executive board activities authorized by the executive board. Voting members of
the executive board may also receive the expenses in the same manner and amount as authorized
by the commissioner's plan adopted under section 43A.18, subdivision 2. Voting members who, as
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APPENDIX
Repealed Minnesota Statutes: S0626-2 a result of time spent attending board meetings, incur child care expenses that would not otherwise
have been incurred may be reimbursed for those expenses upon board authorization.
(c) The commissioner of management and budget must publish the daily compensation rate for
voting members of the executive board determined under paragraph (b) on the Department of
Management and Budget's website.
(d) Voting members of the executive board must adopt internal standards prescribing what
constitutes a day spent on board activities for the purposes of making payments authorized under
paragraph (b).
(e) All other requirements under section 15.0575, subdivision 3, apply to the compensation of
executive board members.
Subd. 5.Acting chair; officers.(a) The governor shall designate one member from the voting
membership appointed by the governor as acting chair of the executive board.
(b) At the first meeting of the executive board, the executive board must elect a chair from
among the voting membership appointed by the governor.
(c) The executive board must annually elect a chair from among the voting membership appointed
by the governor.
(d) The executive board must elect officers from among the voting membership appointed by
the governor. The elected officers shall serve for one year.
Subd. 6.Terms.(a) Except for the commissioner of human services, executive board members
must not serve more than two consecutive terms unless service beyond two consecutive terms is
approved by the majority of voting members. The commissioner of human services or a designee
shall serve until replaced by the governor.
(b) An executive board member may resign at any time by giving written notice to the executive
board.
(c) The initial term of the member appointed under subdivision 2, paragraph (b), clause (1), is
two years. The initial term of the members appointed under subdivision 2, paragraph (b), clause
(2), is three years. The initial term of the members appointed under subdivision 2, paragraph (b),
clause (3), and the members appointed under subdivision 2, paragraph (c), is four years.
(d) After the initial term, the term length of all appointed executive board members is four years.
Subd. 7.Conflicts of interest.Executive board members must recuse themselves from discussion
of and voting on an official matter if the executive board member has a conflict of interest. A conflict
of interest means an association, including a financial or personal association, that has the potential
to bias or have the appearance of biasing an executive board member's decision in matters related
to Direct Care and Treatment or the conduct of activities under this chapter.
Subd. 8.Meetings.The executive board must meet at least four times per fiscal year at a place
and time determined by the executive board.
Subd. 9.Quorum.A majority of the voting members of the executive board constitutes a
quorum. The affirmative vote of a majority of the voting members of the executive board is necessary
and sufficient for action taken by the executive board.
Subd. 10.Immunity; indemnification.(a) Members of the executive board are immune from
civil liability for any act or omission occurring within the scope of the performance of their duties
under this chapter.
(b) When performing executive board duties or actions, members of the executive board are
employees of the state for purposes of indemnification under section 3.736, subdivision 9.
246C.07 POWERS AND DUTIES OF EXECUTIVE BOARD.
Subd. 4.Creation of bylaws.The board may establish bylaws governing its operations and the
operations of Direct Care and Treatment in accordance with this chapter.
Subd. 5.Performance of chief executive officer.The governor may request that the executive
board review the performance of the chief executive officer at any time. Within 14 days of receipt
of the request, the board must meet and conduct a performance review as specifically requested by
the governor. During the performance review, a representative of the governor must be included
as a voting member of the board for the purpose of the board's discussions and decisions regarding
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APPENDIX
Repealed Minnesota Statutes: S0626-2 the governor's request. The board must establish a performance improvement plan as necessary or
take disciplinary or other corrective action, including dismissal. The executive board must report
to the governor on action taken by the board, including an explanation if no action is deemed
necessary.
252.021 DEFINITION.
Subd. 2.Executive board."Executive board" has the meaning given in section 246C.015.
253.195 DEFINITIONS.
Subd. 2.Executive board."Executive board" has the meaning given in section 246C.015.
253B.02 DEFINITIONS.
Subd. 7b.Executive board."Executive board" has the meaning given in section 246C.015.
253D.02 DEFINITIONS.
Subd. 7a.Executive board."Executive board" has the meaning given under section 246C.015.
254B.01 DEFINITIONS.
Subd. 15.Executive board."Executive board" has the meaning given in section 246C.015.
256.045 ADMINISTRATIVE AND JUDICIAL REVIEW OF HUMAN SERVICES
MATTERS.
Subd. 1a.Direct Care and Treatment executive board or executive board.For purposes of
this section, "Direct Care and Treatment executive board" or "executive board" means the Direct
Care and Treatment executive board established under section 246C.06.
256G.02 DEFINITIONS.
Subd. 5a.Direct Care and Treatment executive board or executive board."Direct Care and
Treatment executive board" or "executive board" means the Direct Care and Treatment executive
board established under section 246C.06.
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APPENDIX
Repealed Minnesota Statutes: S0626-2 Laws 2024, chapter 125, article 5, section 40
Sec. 40. DIRECT CARE AND TREATMENT ADVISORY COMMITTEE.
(a) The Direct Care and Treatment executive board under Minnesota Statutes, section 246C.07,
shall establish an advisory committee to provide state legislators, counties, union representatives,
the National Alliance on Mental Illness Minnesota, people being served by direct care and treatment
programs, and other stakeholders the opportunity to advise the executive board regarding the
operation of Direct Care and Treatment.
(b) The members of the advisory committee must be appointed as follows:
(1) one member appointed by the speaker of the house;
(2) one member appointed by the minority leader of the house of representatives;
(3) two members appointed by the senate Committee on Committees, one member representing
the majority caucus and one member representing the minority caucus;
(4) one member appointed by the Association of Minnesota Counties;
(5) one member appointed by joint representatives of the American Federation of State and
Municipal Employees, the Minnesota Association of Professional Employees, the Minnesota Nurses
Association, the Middle Management Association, and the State Residential Schools Education
Association;
(6) one member appointed by the National Alliance on Mental Illness Minnesota; and
(7) two members representing people with lived experience being served by state-operated
treatment programs or their families, appointed by the governor.
(c) Appointing authorities under paragraph (b) shall make appointments by January 1, 2026.
(d) The first meeting of the advisory committee must be held no later than January 15, 2026.
The members of the advisory committee shall elect a chair from among their membership at the
first meeting. The advisory committee shall meet as frequently as it determines necessary.
(e) The executive board shall regularly consult with the advisory committee.
(f) The advisory committee under this section expires December 31, 2027.
Laws 2024, chapter 125, article 5, section 41
Sec. 41. INITIAL APPOINTMENTS AND COMPENSATION OF THE DIRECT CARE
AND TREATMENT EXECUTIVE BOARD AND CHIEF EXECUTIVE OFFICER.
Subdivision 1.Executive board.(a) The initial appointments of the members of the Direct
Care and Treatment executive board under Minnesota Statutes, section 246C.06, must be made by
January 1, 2025.
(b) Prior to the first Compensation Council determination of the daily compensation rate for
voting members of the executive board under Minnesota Statutes, section 246C.06, subdivision 4,
paragraph (b), voting members of the executive board must be paid the per diem rate provided for
in Minnesota Statutes, section 15.0575, subdivision 3, paragraph (a).
(c) The executive board is exempt from Minnesota Statutes, section 13D.01, until the authority
and responsibilities for Direct Care and Treatment are transferred to the executive board in accordance
with Minnesota Statutes, section 246C.04.
Subd. 2.Chief executive officer.(a) The Direct Care and Treatment executive board must
appoint as the initial chief executive officer for Direct Care and Treatment under Minnesota Statutes,
section 246C.07, the chief executive officer of the direct care and treatment division of the
Department of Human Services holding that position at the time the initial appointment is made by
the board. The initial appointment of the chief executive officer must be made by the executive
board by July 1, 2025. The initial appointment of the chief executive officer is subject to confirmation
by the senate.
(b) In its report issued April 1, 2025, the Compensation Council under Minnesota Statutes,
section 15A.082, must establish the salary of the chief executive officer at an amount equal to or
greater than the amount paid to the chief executive officer of the direct care and treatment division
of the Department of Human Services as of the date of initial appointment. The salary of the chief
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APPENDIX
Repealed Minnesota Session Laws: S0626-2 executive officer shall become effective July 1, 2025, pursuant to Minnesota Statutes, section
15A.082, subdivision 3. Notwithstanding Minnesota Statutes, sections 15A.082 and 246C.08,
subdivision 1, if the initial appointment of the chief executive officer occurs prior to the effective
date of the salary specified by the Compensation Council in its April 1, 2025, report, the salary of
the chief executive officer must equal the amount paid to the chief executive officer of the direct
care and treatment division of the Department of Human Services as of the date of initial appointment.
Subd. 3.Commissioner of human services to consult.In preparing the budget estimates
required under Minnesota Statutes, section 16A.10, for the direct care and treatment division for
the 2026-2027 biennial budget and any legislative proposals for the 2025 legislative session that
involve direct care and treatment operations, the commissioner of human services must consult
with the Direct Care and Treatment executive board before submitting the budget estimates or
legislative proposals. If the executive board is not appointed by the date the budget estimates must
be submitted to the commissioner of management and budget, the commissioner of human services
must provide the executive board with a summary of the budget estimates that were submitted.
EFFECTIVE DATE.This section is effective July 1, 2024.
Laws 2024, chapter 127, article 50, section 40
Sec. 40. DIRECT CARE AND TREATMENT ADVISORY COMMITTEE.
(a) The Direct Care and Treatment executive board under Minnesota Statutes, section 246C.07,
shall establish an advisory committee to provide state legislators, counties, union representatives,
the National Alliance on Mental Illness Minnesota, people being served by direct care and treatment
programs, and other stakeholders the opportunity to advise the executive board regarding the
operation of Direct Care and Treatment.
(b) The members of the advisory committee must be appointed as follows:
(1) one member appointed by the speaker of the house;
(2) one member appointed by the minority leader of the house of representatives;
(3) two members appointed by the senate Committee on Committees, one member representing
the majority caucus and one member representing the minority caucus;
(4) one member appointed by the Association of Minnesota Counties;
(5) one member appointed by joint representatives of the American Federation of State and
Municipal Employees, the Minnesota Association of Professional Employees, the Minnesota Nurses
Association, the Middle Management Association, and the State Residential Schools Education
Association;
(6) one member appointed by the National Alliance on Mental Illness Minnesota; and
(7) two members representing people with lived experience being served by state-operated
treatment programs or their families, appointed by the governor.
(c) Appointing authorities under paragraph (b) shall make appointments by January 1, 2026.
(d) The first meeting of the advisory committee must be held no later than January 15, 2026.
The members of the advisory committee shall elect a chair from among their membership at the
first meeting. The advisory committee shall meet as frequently as it determines necessary.
(e) The executive board shall regularly consult with the advisory committee.
(f) The advisory committee under this section expires December 31, 2027.
Laws 2024, chapter 127, article 50, section 41 Subdivisions 1, 3,
Sec. 41. INITIAL APPOINTMENTS AND COMPENSATION OF THE DIRECT CARE
AND TREATMENT EXECUTIVE BOARD AND CHIEF EXECUTIVE OFFICER.
Subdivision 1.Executive board.(a) The initial appointments of the members of the Direct
Care and Treatment executive board under Minnesota Statutes, section 246C.06, must be made by
January 1, 2025.
(b) Prior to the first Compensation Council determination of the daily compensation rate for
voting members of the executive board under Minnesota Statutes, section 246C.06, subdivision 4,
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APPENDIX
Repealed Minnesota Session Laws: S0626-2 paragraph (b), voting members of the executive board must be paid the per diem rate provided for
in Minnesota Statutes, section 15.0575, subdivision 3, paragraph (a).
(c) The executive board is exempt from Minnesota Statutes, section 13D.01, until the authority
and responsibilities for Direct Care and Treatment are transferred to the executive board in accordance
with Minnesota Statutes, section 246C.04.
Subd. 3.Commissioner of human services to consult.In preparing the budget estimates
required under Minnesota Statutes, section 16A.10, for the direct care and treatment division for
the 2026-2027 biennial budget and any legislative proposals for the 2025 legislative session that
involve direct care and treatment operations, the commissioner of human services must consult
with the Direct Care and Treatment executive board before submitting the budget estimates or
legislative proposals. If the executive board is not appointed by the date the budget estimates must
be submitted to the commissioner of management and budget, the commissioner of human services
must provide the executive board with a summary of the budget estimates that were submitted.
Laws 2024, chapter 79, article 1, section 20
Sec. 20. Minnesota Statutes 2023 Supplement, section 246C.03, subdivision 2, is amended to
read:
Subd. 2.Development of Department of Direct Care and Treatment Board.(a) The
commissioner of human services shall prepare legislation for introduction during the 2024 legislative
session, with input from stakeholders the commissioner deems necessary, proposing legislation for
the creation and implementation of the Direct Care and Treatment executive board and defining
the responsibilities, powers, and function of the Department of Direct Care and Treatment executive
board.
(b) The Department of Direct Care and Treatment executive board shall consist of no more than
five members, all appointed by the governor.
(c) An executive board member's qualifications must be appropriate for overseeing a complex
behavioral health system, such as experience serving on a hospital or non-profit board, serving as
a public sector labor union representative, experience in delivery of behavioral health services or
care coordination, or working as a licensed health care provider, in an allied health profession, or
in health care administration.
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APPENDIX
Repealed Minnesota Session Laws: S0626-2