Direct Care and Treatment data requirements modified, classification for employees established, patient consent procedures modified, voluntary patient transfer procedures modified, and technical corrections made.

A bill for an act

relating to state-operated human services; modifying Direct Care and Treatment

data requirements; establishing classification alignment for Direct Care and

Treatment employees; modifying Direct Care and Treatment procedures for patient

consent to medical procedures; modifying voluntary patient transfer procedures;

making technical corrections; amending Minnesota Statutes 2024, sections 3.7381;

13.04, subdivision 4a; 13.384, subdivision 1; 13.46, subdivision 1; 182.6545;

253B.03, subdivision 6; 253B.18, subdivision 14; Minnesota Statutes 2025

Supplement, sections 13.46, subdivision 2; 253B.18, subdivision 6; proposing

coding for new law in Minnesota Statutes, chapter 246C.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 3.7381, is amended to read:

3.7381 LOSS, DAMAGE, OR DESTRUCTION OF PROPERTY; STATE

INSTITUTIONS; CORRECTIONAL FACILITIES.

(a) The commissioners of
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human services,
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veterans affairs
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,
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or corrections
new text begin
or the Direct

Care and Treatment executive board
new text end
, as appropriate, shall determine, adjust, and settle, at

any time, claims and demands of $7,000 or less arising from negligent loss, damage, or

destruction of property of a patient of a state institution under the control of the Direct Care

and Treatment executive board or the commissioner of veterans affairs or an inmate of a

state correctional facility.

(b) A claim of more than $7,000, or a claim that was not paid by the appropriate

department
new text begin
or agency
new text end
may be presented to, heard, and determined by the appropriate

committees of the senate and the house of representatives and, if approved, shall be paid

pursuant to legislative claims procedure.

(c) The procedure established by this section is exclusive of all other legal, equitable,

and statutory remedies.

Sec. 2.

Minnesota Statutes 2024, section 13.04, subdivision 4a, is amended to read:

Subd. 4a.

Sex offender program data; challenges.

Notwithstanding subdivision 4,

challenges to the accuracy or completeness of data maintained by the Direct Care and

Treatment sex offender program about a civilly committed sex offender as defined in section

246B.01, subdivision 1a
, must be submitted in writing to the data practices compliance

official of Direct Care and Treatment
new text begin
or a designee
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. The data practices compliance official
new text begin

or a designee
new text end
must respond to the challenge as provided in this section.

Sec. 3.

Minnesota Statutes 2024, section 13.384, subdivision 1, is amended to read:

Subdivision 1.

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Definition
deleted text end
new text begin
Definitions
new text end
.

As used in this section:

(a) "Directory information" means name of the patient, date admitted, and general

condition.

(b) "Medical data" are data collected because an individual was or is a patient or client

of a hospital, nursing home, medical center, clinic, health or nursing agency operated by a

government entity including business and financial records, data provided by private health

care facilities, and data provided by or about relatives of the individual.
new text begin
Medical data does

not include data collected, maintained, used, or disseminated by Direct Care and Treatment.
new text end

Sec. 4.

Minnesota Statutes 2024, section 13.46, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

As used in this section:

(a) "Individual" means an individual according to section
13.02, subdivision 8
, but does

not include a vendor of services.

(b) "Program" includes all programs for which authority is vested in a component of the

welfare system according to statute or federal law, including but not limited to Native

American Tribe programs that provide a service component of the welfare system, the

Minnesota family investment program, medical assistance, general assistance, general

assistance medical care formerly codified in chapter 256D, the child care assistance program,

and child support collections.

(c) "Welfare system" includes the Department of Human Services; Direct Care and

Treatment; the Department of Children, Youth, and Families; local social services agencies;

county welfare agencies; county public health agencies; county veteran services agencies;

county housing agencies; private licensing agencies; the public authority responsible for

child support enforcement; human services boards; community mental health center boards,

state hospitals, state nursing homes, the ombudsman for mental health and developmental

disabilities; Native American Tribes to the extent a Tribe provides a service component of

the welfare system; and persons, agencies, institutions, organizations, and other entities

under contract to any of the above agencies to the extent specified in the contract.

(d) "Mental health data" means data on individual clients and patients of community

mental health centers, established under section
245.62
, mental health divisions of counties

and other providers under contract to deliver mental health services,
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Direct Care and

Treatment mental health services,
deleted text end
or the ombudsman for mental health and developmental

disabilities.

(e) "Fugitive felon" means a person who has been convicted of a felony and who has

escaped from confinement or violated the terms of probation or parole for that offense.

(f) "Private licensing agency" means an agency licensed by the commissioner of children,

youth, and families under chapter 142B to perform the duties under section
142B.30
.

Sec. 5.

Minnesota Statutes 2025 Supplement, section 13.46, subdivision 2, is amended to

read:

Subd. 2.

General.

(a) Data on individuals collected, maintained, used, or disseminated

by the welfare system are private data on individuals, and shall not be disclosed except:

(1) according to section
13.05
;

(2) according to court order;

(3) according to a statute specifically authorizing access to the private data;

(4) to an agent or investigator acting on behalf of a county, the state, or the federal

government, including a law enforcement person or attorney in the investigation or

prosecution of a criminal, civil, or administrative proceeding relating to the administration

of a program;

(5) to personnel of the welfare system who require the data to verify an individual's

identity; determine eligibility, amount of assistance, and the need to provide services to an

individual or family across programs; coordinate services for an individual or family;

evaluate the effectiveness of programs; assess parental contribution amounts; and investigate

suspected fraud;

(6) to administer federal funds or programs;

(7) between personnel of the welfare system working in the same program;

(8) to the Department of Revenue to administer and evaluate tax refund or tax credit

programs and to identify individuals who may benefit from these programs, and prepare

the databases for reports required under section 270C.13 and Laws 2008, chapter 366, article

17, section 6. The following information may be disclosed under this paragraph: an

individual's and their dependent's names, dates of birth, Social Security or individual taxpayer

identification numbers, income, addresses, and other data as required, upon request by the

Department of Revenue. Disclosures by the commissioner of revenue to the commissioner

of human services for the purposes described in this clause are governed by section
270B.14,

subdivision 1
. Tax refund or tax credit programs include, but are not limited to, the dependent

care credit under section
290.067
, the Minnesota working family credit under section

290.0671
, the property tax refund under section
290A.04
, and the Minnesota education

credit under section
290.0674
;

(9) between the Department of Human Services; the Department of Employment and

Economic Development; the Department of Children, Youth, and Families; Direct Care and

Treatment; and, when applicable, the Department of Education, for the following purposes:

(i) to monitor the eligibility of the data subject for unemployment benefits, for any

employment or training program administered, supervised, or certified by that agency;

(ii) to administer any rehabilitation program or child care assistance program, whether

alone or in conjunction with the welfare system;

(iii) to monitor and evaluate the Minnesota family investment program or the child care

assistance program by exchanging data on recipients and former recipients of Supplemental

Nutrition Assistance Program (SNAP) benefits, cash assistance under chapter 142F, 256D,

256J, or 256K, child care assistance under chapter 142E, medical programs under chapter

256B or 256L; and

(iv) to analyze public assistance employment services and program utilization, cost,

effectiveness, and outcomes as implemented under the authority established in Title II,

Sections 201-204 of the Ticket to Work and Work Incentives Improvement Act of 1999.

Health records governed by sections
144.291
to 144.298 and "protected health information"

as defined in Code of Federal Regulations, title 45, section 160.103, and governed by Code

of Federal Regulations, title 45, parts 160-164, including health care claims utilization

information, must not be exchanged under this clause;

(10) to appropriate parties in connection with an emergency if knowledge of the

information is necessary to protect the health or safety of the individual or other individuals

or persons;

(11) data maintained by residential programs as defined in section
245A.02
may be

disclosed to the protection and advocacy system established in this state according to Part

C of Public Law 98-527 to protect the legal and human rights of persons with developmental

disabilities or other related conditions who live in residential facilities for these persons if

the protection and advocacy system receives a complaint by or on behalf of that person and

the person does not have a legal guardian or the state or a designee of the state is the legal

guardian of the person;

(12) to the county medical examiner or the county coroner for identifying or locating

relatives or friends of a deceased person;

(13) data on a child support obligor who makes payments to the public agency may be

disclosed to the Minnesota Office of Higher Education to the extent necessary to determine

eligibility under section
136A.121, subdivision 2
, clause (5);

(14) participant Social Security or individual taxpayer identification numbers and names

collected by the telephone assistance program may be disclosed to the Department of

Revenue to conduct an electronic data match with the property tax refund database to

determine eligibility under section
237.70, subdivision 4a
;

(15) the current address of a Minnesota family investment program participant may be

disclosed to law enforcement officers who provide the name of the participant and notify

the agency that:

(i) the participant:

(A) is a fugitive felon fleeing to avoid prosecution, or custody or confinement after

conviction, for a crime or attempt to commit a crime that is a felony under the laws of the

jurisdiction from which the individual is fleeing; or

(B) is violating a condition of probation or parole imposed under state or federal law;

(ii) the location or apprehension of the felon is within the law enforcement officer's

official duties; and

(iii) the request is made in writing and in the proper exercise of those duties;

(16) the current address of a recipient of general assistance may be disclosed to probation

officers and corrections agents who are supervising the recipient and to law enforcement

officers who are investigating the recipient in connection with a felony level offense;

(17) information obtained from a SNAP applicant or recipient households may be

disclosed to local, state, or federal law enforcement officials, upon their written request, for

the purpose of investigating an alleged violation of the Food and Nutrition Act, according

to Code of Federal Regulations, title 7, section 272.1(c);

(18) the address, Social Security or individual taxpayer identification number, and, if

available, photograph of any member of a household receiving SNAP benefits shall be made

available, on request, to a local, state, or federal law enforcement officer if the officer

furnishes the agency with the name of the member and notifies the agency that:

(i) the member:

(A) is fleeing to avoid prosecution, or custody or confinement after conviction, for a

crime or attempt to commit a crime that is a felony in the jurisdiction the member is fleeing;

(B) is violating a condition of probation or parole imposed under state or federal law;

or

(C) has information that is necessary for the officer to conduct an official duty related

to conduct described in subitem (A) or (B);

(ii) locating or apprehending the member is within the officer's official duties; and

(iii) the request is made in writing and in the proper exercise of the officer's official duty;

(19) the current address of a recipient of Minnesota family investment program, general

assistance, or SNAP benefits may be disclosed to law enforcement officers who, in writing,

provide the name of the recipient and notify the agency that the recipient is a person required

to register under section
243.166
, but is not residing at the address at which the recipient is

registered under section
243.166
;

(20) certain information regarding child support obligors who are in arrears may be

made public according to section
518A.74
;

(21) data on child support payments made by a child support obligor and data on the

distribution of those payments excluding identifying information on obligees may be

disclosed to all obligees to whom the obligor owes support, and data on the enforcement

actions undertaken by the public authority, the status of those actions, and data on the income

of the obligor or obligee may be disclosed to the other party;

(22) data in the work reporting system may be disclosed under section
142A.29,

subdivision 7
;

(23) to the Department of Education for the purpose of matching Department of Education

student data with public assistance data to determine students eligible for free and

reduced-price meals, meal supplements, and free milk according to United States Code,

title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to allocate federal and state

funds that are distributed based on income of the student's family; and to verify receipt of

energy assistance for the telephone assistance plan;

(24) the current address and telephone number of program recipients and emergency

contacts may be released to the commissioner of health or a community health board as

defined in section
145A.02, subdivision 5
, when the commissioner or community health

board has reason to believe that a program recipient is a disease case, carrier, suspect case,

or at risk of illness, and the data are necessary to locate the person;

(25) to other state agencies, statewide systems, and political subdivisions of this state,

including the attorney general, and agencies of other states, interstate information networks,

federal agencies, and other entities as required by federal regulation or law for the

administration of the child support enforcement program;

(26) to personnel of public assistance programs as defined in section
518A.81
, for access

to the child support system database for the purpose of administration, including monitoring

and evaluation of those public assistance programs;

(27) to monitor and evaluate the Minnesota family investment program by exchanging

data between the Departments of Human Services; Children, Youth, and Families; and

Education, on recipients and former recipients of SNAP benefits, cash assistance under

chapter 142F, 256D, 256J, or 256K, child care assistance under chapter 142E, medical

programs under chapter 256B or 256L, or a medical program formerly codified under chapter

256D;

(28) to evaluate child support program performance and to identify and prevent fraud

in the child support program by exchanging data between the Department of Human Services;

Department of Children, Youth, and Families; Department of Revenue under section
270B.14,

subdivision 1
, paragraphs (a) and (b), without regard to the limitation of use in paragraph

(c); Department of Health; Department of Employment and Economic Development; and

other state agencies as is reasonably necessary to perform these functions;

(29) counties and the Department of Children, Youth, and Families operating child care

assistance programs under chapter 142E may disseminate data on program participants,

applicants, and providers to the commissioner of education;

(30) child support data on the child, the parents, and relatives of the child may be

disclosed to agencies administering programs under titles IV-B and IV-E of the Social

Security Act, as authorized by federal law;

(31) to a health care provider governed by sections
144.291
to
144.298
, to the extent

necessary to coordinate services;

(32) to the chief administrative officer of a school to coordinate services for a student

and family; data that may be disclosed under this clause are limited to name, date of birth,

gender, and address;

(33) to county correctional agencies to the extent necessary to coordinate services and

diversion programs; data that may be disclosed under this clause are limited to name, client

demographics, program, case status, and county worker information; or

(34) between the Department of Human Services and the Metropolitan Council for the

following purposes:

(i) to coordinate special transportation service provided under section
473.386
with

services for people with disabilities and elderly individuals funded by or through the

Department of Human Services; and

(ii) to provide for reimbursement of special transportation service provided under section

473.386
.

The data that may be shared under this clause are limited to the individual's first, last, and

middle names; date of birth; residential address; and program eligibility status with expiration

date for the purposes of informing the other party of program eligibility.

(b) Information on persons who have been treated for substance use disorder may only

be disclosed according to the requirements of Code of Federal Regulations, title 42, sections

2.1 to 2.67.

(c) Data provided to law enforcement agencies under paragraph (a), clause (15), (16),

(17), or (18), or paragraph (b), are investigative data and are confidential or protected

nonpublic while the investigation is active. The data are private after the investigation

becomes inactive under section
13.82, subdivision 7
, clause (a) or (b).

(d) Mental health data shall be treated as provided in subdivisions 7, 8, and 9, but are

not subject to the access provisions of subdivision 10, paragraph (b).

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(e)
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For the purposes of this subdivision, a request
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will be
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is
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deemed to be made in writing

if made through a computer interface system.

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(f) Direct Care and Treatment may disclose data pursuant to this subdivision regardless

of any restrictions on disclosure of that data under sections 144.291 to 144.298.

new text end

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(g) Notwithstanding section 144.2925, Direct Care and Treatment may disclose data as

permitted by law.

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(h) Direct Care and Treatment is not required to share with federal law enforcement data

on individuals collected, maintained, used, or disseminated by Direct Care and Treatment

that relate to the reporting of suspected crime unless specifically required to do so by a

Minnesota or federal law.

new text end

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(i) Direct Care and Treatment may disclose welfare system data held by the agency to

facilitate coordination of guardianship services for Direct Care and Treatment clients,

including but not limited to making disclosures in guardianship proceedings, identifying

potential guardians, communicating with guardianship legal representation, and reporting

complaints to the Minnesota Judicial Branch or the Office of Ombudsman for Mental Health

and Developmental Disabilities. Direct Care and Treatment must obtain the client's consent

to the disclosure except when the client:

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(1) lacks capacity to provide the consent; or

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(2) has a current legal guardian who is unavailable, is nonresponsive, or refuses to

authorize the disclosure in relation to complaints to the Minnesota Judicial Branch or Office

of Ombudsman for Mental Health and Developmental Disabilities.

new text end

Sec. 6.

Minnesota Statutes 2024, section 182.6545, is amended to read:

182.6545 RIGHTS OF NEXT OF KIN UPON DEATH.

In the case of a death of an employee, the department shall make reasonable efforts to

locate the employee's next of kin and shall mail to them copies of the following:

(1) citations and notification of penalty;

(2) notices of hearings;

(3) complaints and answers;

(4) settlement agreements;

(5) orders and decisions; and

(6) notices of appeals.

In addition, the next of kin shall have the right to request a consultation with the

department regarding citations and notification of penalties issued as a result of the

investigation of the employee's death. For the purposes of this section, "next of kin" refers

to the nearest proper relative as that term is defined by section
253B.03, subdivision 6
,

paragraph (b), clause
deleted text begin
(3)
deleted text end
new text begin
(10)
new text end
.

Sec. 7.

new text begin

[246C.051] CLASSIFICATION ALIGNMENT FOR DIRECT CARE AND

TREATMENT EMPLOYEES.

new text end

new text begin

(a) Notwithstanding section 43A.08; Minnesota Rules, part 3900.1300; or any other law

to the contrary, Direct Care and Treatment may, with approval from Minnesota Management

and Budget, convert employees deemed unclassified pursuant to pilot authority of the

Department of Human Services under Laws 1997, chapter 97, section 18, into the classified

service.

new text end

new text begin

(b) Employees converted to the classified service pursuant to this section are subject to

the terms and conditions of employment applicable to positions in the classified service

pursuant to statute, rule, bargaining unit or compensation plan, and agency policy, including

but not limited to required probationary periods and mandatory training requirements.

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(c) Employees converted to the classified service pursuant to this section must not receive

a reduction in salary at the time of the conversion.

new text end

Sec. 8.

Minnesota Statutes 2024, section 253B.03, subdivision 6, is amended to read:

Subd. 6.

Consent for medical procedure.

(a) A patient has the right to give prior consent

to any medical
deleted text begin
or surgical
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treatment
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, including but not limited to surgery
new text end
, other than treatment

for chemical dependency or nonintrusive treatment for mental illness.
new text begin
For purposes of this

subdivision only, "patient" includes a person committed under chapter 253D who is in a

state-operated treatment program.
new text end

(b) The following procedures shall be used to obtain consent for any treatment necessary

to preserve the life or health of any committed patient:

(1) the written, informed consent of a competent adult patient for the treatment is

sufficient;

(2) if the patient is subject to guardianship which includes the provision of medical care,

the written, informed consent of the guardian for the treatment is sufficient;

(3)
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for a patient in a treatment facility,
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if the head of the treatment facility
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or

state-operated treatment program
deleted text end
determines that the patient is not competent to consent to

the treatment and the patient has not been adjudicated incompetent, written, informed consent

for the
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surgery or
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medical treatment shall be obtained from the person appointed the health

care power of attorney, the patient's agent under the health care directive, or the nearest

proper relative.
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For this purpose, the following persons are proper relatives, in the order

listed: the patient's spouse, parent, adult child, or adult sibling.
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If the nearest proper
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relatives
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relative
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cannot be located,
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refuse
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new text begin
refuses
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to consent to the procedure, or
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are
deleted text end
new text begin
is
new text end
unable to

consent, the head of the treatment facility
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or state-operated treatment program
deleted text end
or an interested

person
new text begin
, as defined by section 524.5-102, subdivision 7,
new text end
may petition the committing court

for approval for the treatment or may petition a court of competent jurisdiction for the

appointment of a guardian. The determination that the patient is not competent, and the

reasons for the determination, shall be documented in the patient's clinical record;

new text begin

(4) for patients in a state-operated treatment program, if (i) the patient does not have a

health care power of attorney or an agent under a health care directive or the patient's health

care agent is not reasonably available to make the necessary health care decision for the

patient, and (ii) the patient's treating physician determines that the patient lacks

decision-making capacity to consent to the medical treatment, the state-operated treatment

program must make a good faith attempt to locate the patient's nearest proper relative to

obtain written informed consent for the medical treatment;

new text end

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(5) if the state-operated treatment program is unable to reasonably locate a proper relative,

the executive medical director has decision-making authority for the health care decision

for the patient;

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(6) any health care decision made by the executive medical director under clause (5)

must be consistent with any documented patient health care directive and with reasonable

medical practice and applicable law;

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(7) if the state-operated treatment program consults with the patient's nearest proper

relative under clause (4) and the patient's nearest proper relative and the patient's treating

physician are not in agreement with respect to a medical treatment decision, the state-operated

treatment program or an interested person may petition the committing court for approval

of the treatment. The state-operated program may also petition a court of competent

jurisdiction for the appointment of a guardian at any time. If a court determines that a patient

is not competent, the determination and the reasons for the determination must be documented

in the patient's clinical record;

new text end

new text begin

(8) before proceeding with treatment under clause (5), a state-operated treatment program

must inform the patient of the determination, the proposed treatment, and the right to request

review. Upon the request of the patient or an interested person a second physician not directly

involved in the patient's current treatment must review the incapacity determination. The

executive medical director must review the proposed treatment decision and the second

physician's review and make an updated determination. A state-operated treatment program

may proceed with treatment of the patient while a review under this clause is pending;

new text end

new text begin

(9) if a patient or interested person is dissatisfied with the outcome of the review under

clause (8), the patient or interested person may petition the committing court under section

253B.17 for review of the determination made under clause (8). Filing a petition under

section 253B.17 does not stay treatment under this subdivision unless otherwise ordered by

the court. In reviewing the executive medical director's decision under clause (8) and issuing

a determination, the court must determine if the patient lacks capacity. If the patient lacks

capacity, the court must determine if the patient clearly stated what the patient would choose

to do in the situation when the patient had the capacity to make a reasoned decision. Evidence

of the patient's wishes may include written instruments, including a durable power of attorney

for health care under chapter 145C or a declaration under section 253B.03, subdivision 6d.

If the court finds that the patient clearly stated what the patient would choose to do in the

situation, the patient's wishes must be followed. If the court determines that the evidence

of the patient's wishes regarding the situation is conflicting or lacking, the court must make

a decision based on what a reasonable person would do, taking into consideration:

new text end

new text begin

(i) the patient's family, community, moral, religious, and social values;

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new text begin

(ii) the medical risks, benefits, and alternatives to the proposed treatment;

new text end

new text begin

(iii) past efficacy and any extenuating circumstances of past experience with the particular

medical treatment; and

new text end

new text begin

(iv) any other relevant factors;

new text end

new text begin

(10) for purposes of this subdivision, the following persons are proper relatives, in the

order listed: the patient's spouse, parent, adult child, or adult sibling;

new text end

deleted text begin

(4)
deleted text end
new text begin
(11)
new text end
consent to treatment of any minor patient shall be secured in accordance with

sections
144.341
to
144.346
. A minor 16 years of age or older may consent to hospitalization,

routine diagnostic evaluation, and emergency or short-term acute care; and

deleted text begin

(5)
deleted text end
new text begin
(12)
new text end
in the case of an emergency when the persons ordinarily qualified to give consent

cannot be located in sufficient time to address the emergency need, the head of the treatment

facility or state-operated treatment program may give consent.

(c) No person who consents to treatment pursuant to the provisions of this subdivision

shall be civilly or criminally liable for the performance or the manner of performing the

treatment. No person shall be liable for performing treatment without consent if written,

informed consent was given pursuant to this subdivision. This provision shall not affect any

other liability which may result from the manner in which the treatment is performed.

new text begin

(d) When a determination is made under paragraph (b), clauses (5) and (8), the

state-operated treatment program must document the following information in the patient's

clinical record:

new text end

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(1) the determination of incapacity and the clinical basis for the determination;

new text end

new text begin

(2) the specific treatment authorized;

new text end

new text begin

(3) the person who provided consent or who made the determination allowing the

treatment;

new text end

new text begin

(4) the efforts made to locate and consult with a health care agent or nearest proper

relative; and

new text end

new text begin

(5) the patient's expressed preferences regarding the treatment, if known, and how the

preferences were considered.

new text end

new text begin

(e) The executive medical director must review a determination that a patient lacks

capacity periodically as medically appropriate, but not less than every six months. The

outcome of a review under this paragraph must be documented in the patient's clinical

record.

new text end

Sec. 9.

Minnesota Statutes 2025 Supplement, section 253B.18, subdivision 6, is amended

to read:

Subd. 6.

Transfer.

(a) A patient who is a person who has a mental illness and is

dangerous to the public shall not be transferred out of a secure treatment facility unless it

appears to the satisfaction of the executive board, after a hearing and favorable

recommendation by a majority of the special review board, that the transfer is appropriate.

Transfer may be to another state-operated treatment program. In those instances where a

commitment also exists to the Department of Corrections, transfer may be to a facility

designated by the commissioner of corrections.

(b) The following factors must be considered in determining whether a transfer is

appropriate:

(1) the person's clinical progress and present treatment needs;

(2) the need for security to accomplish continuing treatment;

(3) the need for continued institutionalization;

(4) which facility can best meet the person's needs; and

(5) whether transfer can be accomplished with a reasonable degree of safety for the

public.

(c) If a committed person has been transferred out of a secure treatment facility pursuant

to this subdivision, that committed person may voluntarily return to a secure treatment

facility
deleted text begin
for a period of up to 60 days
deleted text end
with the consent of the head of the treatment facility
deleted text begin
.
deleted text end
new text begin

for a period of up to:
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new text begin

(1) 90 days if due to a psychiatric medical condition; or

new text end

new text begin

(2) six months if due to a nonpsychiatric medical condition.

new text end

(d) If the committed person is not returned to the original, nonsecure transfer facility

within
deleted text begin
60
deleted text end
new text begin
90
new text end
days of being readmitted to a secure treatment facility
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if due to a psychiatric

medical condition or within six months of being readmitted to a secure treatment facility if

due to a nonpsychiatric medical condition
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, the transfer is revoked and the committed person

must remain in a secure treatment facility. The committed person must immediately be

notified in writing of the revocation.

(e) Within 15 days of receiving notice of the revocation, the committed person may

petition the special review board for a review of the revocation. The special review board

shall review the circumstances of the revocation and shall recommend to the executive

board whether or not the revocation should be upheld. The special review board may also

recommend a new transfer at the time of the revocation hearing.

(f) No action by the special review board is required if the transfer has not been revoked

and the committed person is returned to the original, nonsecure transfer facility with no

substantive change to the conditions of the transfer ordered under this subdivision.

(g) The head of the treatment facility may revoke a transfer made under this subdivision

and require a committed person to return to a secure treatment facility if:

(1) remaining in a nonsecure setting does not provide a reasonable degree of safety to

the committed person or others; or

(2) the committed person has regressed clinically and the facility to which the committed

person was transferred does not meet the committed person's needs.

(h) Upon the revocation of the transfer, the committed person must be immediately

returned to a secure treatment facility. A report documenting the reasons for revocation

must be issued by the head of the treatment facility within seven days after the committed

person is returned to the secure treatment facility. Advance notice to the committed person

of the revocation is not required.

(i) The committed person must be provided a copy of the revocation report and informed,

orally and in writing, of the rights of a committed person under this section. The revocation

report must be served upon the committed person, the committed person's counsel, and the

designated agency. The report must outline the specific reasons for the revocation, including

but not limited to the specific facts upon which the revocation is based.

(j) If a committed person's transfer is revoked, the committed person may re-petition for

transfer according to subdivision 5.

(k) A committed person aggrieved by a transfer revocation decision may petition the

special review board within seven business days after receipt of the revocation report for a

review of the revocation. The matter must be scheduled within 30 days. The special review

board shall review the circumstances leading to the revocation and, after considering the

factors in paragraph (b), shall recommend to the executive board whether or not the

revocation shall be upheld. The special review board may also recommend a new transfer

out of a secure treatment facility at the time of the revocation hearing.

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EFFECTIVE DATE.

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This section is effective July 1, 2026.

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Sec. 10.

Minnesota Statutes 2024, section 253B.18, subdivision 14, is amended to read:

Subd. 14.

Voluntary readmission.

(a) With the consent of the head of the treatment

facility or state-operated treatment program, a patient may voluntarily return from provisional

discharge
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with the consent of the designated agency
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for a period of up to
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:
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(1)
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30 days
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, or
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;
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(2)
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up to
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60
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90
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days
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with the consent of the designated agency.
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if due to a psychiatric

medical condition; or
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(3) six months if due to a nonpsychiatric medical condition.

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(b)
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If the patient is not returned to provisional discharge status within
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60
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90
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days
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of

being readmitted if due to a psychiatric medical condition or within six months of being

readmitted if due to a nonpsychiatric medical condition
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, the provisional discharge is revoked.

Within 15 days of receiving notice of the change in status, the patient may request a review

of the matter before the special review board. The special review board may recommend a

return to a provisional discharge status.

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(b)
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(c)
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The treatment facility or state-operated treatment program is not required to

petition for a further review by the special review board unless the patient's return to the

community results in substantive change to the existing provisional discharge plan. All the

terms and conditions of the provisional discharge order shall remain unchanged if the patient

is released again.

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EFFECTIVE DATE.

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This section is effective July 1, 2026.

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