SF 4399

SF4399  REVISOR  AGW  S4399-1  1st Engrossment
  SENATE
  STATE OF MINNESOTA
  NINETY-FOURTH SESSION  S.F. No. 4399
  (SENATE AUTHORS: OUMOU VERBETEN and Wiklund)
  DATE       D-PG  OFFICIAL STATUS
  03/12/2026      6666 Introduction and first reading
  Referred to Human Services
  03/18/2026    6770a Comm report: To pass as amended and re-refer to Judiciary and Public Safety
  04/22/2026      8964 Author added Wiklund
  See SF476
1.1A bill for an act
1.2relating to state-operated human services; modifying Direct Care and Treatment
1.3data requirements; establishing classification alignment for Direct Care and
1.4Treatment employees; modifying Direct Care and Treatment procedures for patient
1.5consent to medical procedures; modifying voluntary patient transfer procedures;
1.6making technical corrections; amending Minnesota Statutes 2024, sections 3.7381;
1.713.04, subdivision 4a; 13.384, subdivision 1; 13.46, subdivision 1; 182.6545;
1.8253B.03, subdivision 6; 253B.18, subdivision 14; Minnesota Statutes 2025
1.9Supplement, sections 13.46, subdivision 2; 253B.18, subdivision 6; proposing
1.10coding for new law in Minnesota Statutes, chapter 246C.
1.11   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.12Section 1. Minnesota Statutes 2024, section 3.7381, is amended to read:
1.133.7381 LOSS, DAMAGE, OR DESTRUCTION OF PROPERTY; STATE
1.14   INSTITUTIONS; CORRECTIONAL FACILITIES.
1.15(a) The commissioners of human services, veterans affairs, or corrections or the Direct
1.16   Care and Treatment executive board, as appropriate, shall determine, adjust, and settle, at
1.17   any time, claims and demands of $7,000 or less arising from negligent loss, damage, or
1.18   destruction of property of a patient of a state institution under the control of the Direct Care
1.19   and Treatment executive board or the commissioner of veterans affairs or an inmate of a
1.20   state correctional facility.
1.21(b) A claim of more than $7,000, or a claim that was not paid by the appropriate
1.22   department or agency may be presented to, heard, and determined by the appropriate
1.23   committees of the senate and the house of representatives and, if approved, shall be paid
1.24   pursuant to legislative claims procedure.
Section 1.  1
SF4399  REVISOR  AGW  S4399-1  1st Engrossment
2.1      (c) The procedure established by this section is exclusive of all other legal, equitable,
2.2  and statutory remedies.
2.3    Sec. 2. Minnesota Statutes 2024, section 13.04, subdivision 4a, is amended to read:
2.4      Subd. 4a. Sex offender program data; challenges. Notwithstanding subdivision 4,
2.5  challenges to the accuracy or completeness of data maintained by the Direct Care and
2.6  Treatment sex offender program about a civilly committed sex offender as defined in section
2.7  246B.01, subdivision 1a, must be submitted in writing to the data practices compliance
2.8  official of Direct Care and Treatment or a designee. The data practices compliance official
2.9  or a designee must respond to the challenge as provided in this section.
2.10   Sec. 3. Minnesota Statutes 2024, section 13.384, subdivision 1, is amended to read:
2.11     Subdivision 1. Definition Definitions. As used in this section:
2.12     (a) "Directory information" means name of the patient, date admitted, and general
2.13 condition.
2.14     (b) "Medical data" are data collected because an individual was or is a patient or client
2.15 of a hospital, nursing home, medical center, clinic, health or nursing agency operated by a
2.16 government entity including business and financial records, data provided by private health
2.17 care facilities, and data provided by or about relatives of the individual. Medical data does
2.18 not include data collected, maintained, used, or disseminated by Direct Care and Treatment.
2.19   Sec. 4. Minnesota Statutes 2024, section 13.46, subdivision 1, is amended to read:
2.20     Subdivision 1. Definitions. As used in this section:
2.21     (a) "Individual" means an individual according to section 13.02, subdivision 8, but does
2.22 not include a vendor of services.
2.23     (b) "Program" includes all programs for which authority is vested in a component of the
2.24 welfare system according to statute or federal law, including but not limited to Native
2.25 American Tribe programs that provide a service component of the welfare system, the
2.26 Minnesota family investment program, medical assistance, general assistance, general
2.27 assistance medical care formerly codified in chapter 256D, the child care assistance program,
2.28 and child support collections.
2.29     (c) "Welfare system" includes the Department of Human Services; Direct Care and
2.30 Treatment; the Department of Children, Youth, and Families; local social services agencies;
2.31 county welfare agencies; county public health agencies; county veteran services agencies;
Sec. 4.  2
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3.1  county housing agencies; private licensing agencies; the public authority responsible for
3.2  child support enforcement; human services boards; community mental health center boards,
3.3  state hospitals, state nursing homes, the ombudsman for mental health and developmental
3.4  disabilities; Native American Tribes to the extent a Tribe provides a service component of
3.5  the welfare system; and persons, agencies, institutions, organizations, and other entities
3.6  under contract to any of the above agencies to the extent specified in the contract.
3.7      (d) "Mental health data" means data on individual clients and patients of community
3.8  mental health centers, established under section 245.62, mental health divisions of counties
3.9  and other providers under contract to deliver mental health services, Direct Care and
3.10 Treatment mental health services, or the ombudsman for mental health and developmental
3.11 disabilities.
3.12     (e) "Fugitive felon" means a person who has been convicted of a felony and who has
3.13 escaped from confinement or violated the terms of probation or parole for that offense.
3.14     (f) "Private licensing agency" means an agency licensed by the commissioner of children,
3.15 youth, and families under chapter 142B to perform the duties under section 142B.30.
3.16   Sec. 5. Minnesota Statutes 2025 Supplement, section 13.46, subdivision 2, is amended to
3.17 read:
3.18     Subd. 2. General. (a) Data on individuals collected, maintained, used, or disseminated
3.19 by the welfare system are private data on individuals, and shall not be disclosed except:
3.20     (1) according to section 13.05;
3.21     (2) according to court order;
3.22     (3) according to a statute specifically authorizing access to the private data;
3.23     (4) to an agent or investigator acting on behalf of a county, the state, or the federal
3.24 government, including a law enforcement person or attorney in the investigation or
3.25 prosecution of a criminal, civil, or administrative proceeding relating to the administration
3.26 of a program;
3.27     (5) to personnel of the welfare system who require the data to verify an individual's
3.28 identity; determine eligibility, amount of assistance, and the need to provide services to an
3.29 individual or family across programs; coordinate services for an individual or family;
3.30 evaluate the effectiveness of programs; assess parental contribution amounts; and investigate
3.31 suspected fraud;
3.32     (6) to administer federal funds or programs;
Sec. 5.  3
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4.1      (7) between personnel of the welfare system working in the same program;
4.2      (8) to the Department of Revenue to administer and evaluate tax refund or tax credit
4.3  programs and to identify individuals who may benefit from these programs, and prepare
4.4  the databases for reports required under section 270C.13 and Laws 2008, chapter 366, article
4.5  17, section 6. The following information may be disclosed under this paragraph: an
4.6  individual's and their dependent's names, dates of birth, Social Security or individual taxpayer
4.7  identification numbers, income, addresses, and other data as required, upon request by the
4.8  Department of Revenue. Disclosures by the commissioner of revenue to the commissioner
4.9  of human services for the purposes described in this clause are governed by section 270B.14,
4.10 subdivision 1. Tax refund or tax credit programs include, but are not limited to, the dependent
4.11 care credit under section 290.067, the Minnesota working family credit under section
4.12 290.0671, the property tax refund under section 290A.04, and the Minnesota education
4.13 credit under section 290.0674;
4.14     (9) between the Department of Human Services; the Department of Employment and
4.15 Economic Development; the Department of Children, Youth, and Families; Direct Care and
4.16 Treatment; and, when applicable, the Department of Education, for the following purposes:
4.17     (i) to monitor the eligibility of the data subject for unemployment benefits, for any
4.18 employment or training program administered, supervised, or certified by that agency;
4.19     (ii) to administer any rehabilitation program or child care assistance program, whether
4.20 alone or in conjunction with the welfare system;
4.21     (iii) to monitor and evaluate the Minnesota family investment program or the child care
4.22 assistance program by exchanging data on recipients and former recipients of Supplemental
4.23 Nutrition Assistance Program (SNAP) benefits, cash assistance under chapter 142F, 256D,
4.24 256J, or 256K, child care assistance under chapter 142E, medical programs under chapter
4.25 256B or 256L; and
4.26     (iv) to analyze public assistance employment services and program utilization, cost,
4.27 effectiveness, and outcomes as implemented under the authority established in Title II,
4.28 Sections 201-204 of the Ticket to Work and Work Incentives Improvement Act of 1999.
4.29 Health records governed by sections 144.291 to 144.298 and "protected health information"
4.30 as defined in Code of Federal Regulations, title 45, section 160.103, and governed by Code
4.31 of Federal Regulations, title 45, parts 160-164, including health care claims utilization
4.32 information, must not be exchanged under this clause;
Sec. 5.  4
SF4399  REVISOR  AGW  S4399-1  1st Engrossment
5.1      (10) to appropriate parties in connection with an emergency if knowledge of the
5.2  information is necessary to protect the health or safety of the individual or other individuals
5.3  or persons;
5.4      (11) data maintained by residential programs as defined in section 245A.02 may be
5.5  disclosed to the protection and advocacy system established in this state according to Part
5.6  C of Public Law 98-527 to protect the legal and human rights of persons with developmental
5.7  disabilities or other related conditions who live in residential facilities for these persons if
5.8  the protection and advocacy system receives a complaint by or on behalf of that person and
5.9  the person does not have a legal guardian or the state or a designee of the state is the legal
5.10 guardian of the person;
5.11     (12) to the county medical examiner or the county coroner for identifying or locating
5.12 relatives or friends of a deceased person;
5.13     (13) data on a child support obligor who makes payments to the public agency may be
5.14 disclosed to the Minnesota Office of Higher Education to the extent necessary to determine
5.15 eligibility under section 136A.121, subdivision 2, clause (5);
5.16     (14) participant Social Security or individual taxpayer identification numbers and names
5.17 collected by the telephone assistance program may be disclosed to the Department of
5.18 Revenue to conduct an electronic data match with the property tax refund database to
5.19 determine eligibility under section 237.70, subdivision 4a;
5.20     (15) the current address of a Minnesota family investment program participant may be
5.21 disclosed to law enforcement officers who provide the name of the participant and notify
5.22 the agency that:
5.23     (i) the participant:
5.24     (A) is a fugitive felon fleeing to avoid prosecution, or custody or confinement after
5.25 conviction, for a crime or attempt to commit a crime that is a felony under the laws of the
5.26 jurisdiction from which the individual is fleeing; or
5.27     (B) is violating a condition of probation or parole imposed under state or federal law;
5.28     (ii) the location or apprehension of the felon is within the law enforcement officer's
5.29 official duties; and
5.30     (iii) the request is made in writing and in the proper exercise of those duties;
Sec. 5.  5
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6.1(16) the current address of a recipient of general assistance may be disclosed to probation
6.2  officers and corrections agents who are supervising the recipient and to law enforcement
6.3  officers who are investigating the recipient in connection with a felony level offense;
6.4(17) information obtained from a SNAP applicant or recipient households may be
6.5  disclosed to local, state, or federal law enforcement officials, upon their written request, for
6.6  the purpose of investigating an alleged violation of the Food and Nutrition Act, according
6.7  to Code of Federal Regulations, title 7, section 272.1(c);
6.8(18) the address, Social Security or individual taxpayer identification number, and, if
6.9  available, photograph of any member of a household receiving SNAP benefits shall be made
6.10 available, on request, to a local, state, or federal law enforcement officer if the officer
6.11 furnishes the agency with the name of the member and notifies the agency that:
6.12(i) the member:
6.13(A) is fleeing to avoid prosecution, or custody or confinement after conviction, for a
6.14 crime or attempt to commit a crime that is a felony in the jurisdiction the member is fleeing;
6.15(B) is violating a condition of probation or parole imposed under state or federal law;
6.16 or
6.17(C) has information that is necessary for the officer to conduct an official duty related
6.18 to conduct described in subitem (A) or (B);
6.19(ii) locating or apprehending the member is within the officer's official duties; and
6.20(iii) the request is made in writing and in the proper exercise of the officer's official duty;
6.21(19) the current address of a recipient of Minnesota family investment program, general
6.22 assistance, or SNAP benefits may be disclosed to law enforcement officers who, in writing,
6.23 provide the name of the recipient and notify the agency that the recipient is a person required
6.24 to register under section 243.166, but is not residing at the address at which the recipient is
6.25 registered under section 243.166;
6.26(20) certain information regarding child support obligors who are in arrears may be
6.27 made public according to section 518A.74;
6.28(21) data on child support payments made by a child support obligor and data on the
6.29 distribution of those payments excluding identifying information on obligees may be
6.30 disclosed to all obligees to whom the obligor owes support, and data on the enforcement
6.31 actions undertaken by the public authority, the status of those actions, and data on the income
6.32 of the obligor or obligee may be disclosed to the other party;
Sec. 5.  6
SF4399  REVISOR  AGW  S4399-1  1st Engrossment
7.1      (22) data in the work reporting system may be disclosed under section 142A.29,
7.2  subdivision 7;
7.3      (23) to the Department of Education for the purpose of matching Department of Education
7.4  student data with public assistance data to determine students eligible for free and
7.5  reduced-price meals, meal supplements, and free milk according to United States Code,
7.6  title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to allocate federal and state
7.7  funds that are distributed based on income of the student's family; and to verify receipt of
7.8  energy assistance for the telephone assistance plan;
7.9      (24) the current address and telephone number of program recipients and emergency
7.10 contacts may be released to the commissioner of health or a community health board as
7.11 defined in section 145A.02, subdivision 5, when the commissioner or community health
7.12 board has reason to believe that a program recipient is a disease case, carrier, suspect case,
7.13 or at risk of illness, and the data are necessary to locate the person;
7.14     (25) to other state agencies, statewide systems, and political subdivisions of this state,
7.15 including the attorney general, and agencies of other states, interstate information networks,
7.16 federal agencies, and other entities as required by federal regulation or law for the
7.17 administration of the child support enforcement program;
7.18     (26) to personnel of public assistance programs as defined in section 518A.81, for access
7.19 to the child support system database for the purpose of administration, including monitoring
7.20 and evaluation of those public assistance programs;
7.21     (27) to monitor and evaluate the Minnesota family investment program by exchanging
7.22 data between the Departments of Human Services; Children, Youth, and Families; and
7.23 Education, on recipients and former recipients of SNAP benefits, cash assistance under
7.24 chapter 142F, 256D, 256J, or 256K, child care assistance under chapter 142E, medical
7.25 programs under chapter 256B or 256L, or a medical program formerly codified under chapter
7.26 256D;
7.27     (28) to evaluate child support program performance and to identify and prevent fraud
7.28 in the child support program by exchanging data between the Department of Human Services;
7.29 Department of Children, Youth, and Families; Department of Revenue under section 270B.14,
7.30 subdivision 1, paragraphs (a) and (b), without regard to the limitation of use in paragraph
7.31 (c); Department of Health; Department of Employment and Economic Development; and
7.32 other state agencies as is reasonably necessary to perform these functions;
Sec. 5.  7
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8.1      (29) counties and the Department of Children, Youth, and Families operating child care
8.2  assistance programs under chapter 142E may disseminate data on program participants,
8.3  applicants, and providers to the commissioner of education;
8.4      (30) child support data on the child, the parents, and relatives of the child may be
8.5  disclosed to agencies administering programs under titles IV-B and IV-E of the Social
8.6  Security Act, as authorized by federal law;
8.7      (31) to a health care provider governed by sections 144.291 to 144.298, to the extent
8.8  necessary to coordinate services;
8.9      (32) to the chief administrative officer of a school to coordinate services for a student
8.10 and family; data that may be disclosed under this clause are limited to name, date of birth,
8.11 gender, and address;
8.12     (33) to county correctional agencies to the extent necessary to coordinate services and
8.13 diversion programs; data that may be disclosed under this clause are limited to name, client
8.14 demographics, program, case status, and county worker information; or
8.15     (34) between the Department of Human Services and the Metropolitan Council for the
8.16 following purposes:
8.17     (i) to coordinate special transportation service provided under section 473.386 with
8.18 services for people with disabilities and elderly individuals funded by or through the
8.19 Department of Human Services; and
8.20     (ii) to provide for reimbursement of special transportation service provided under section
8.21 473.386.
8.22 The data that may be shared under this clause are limited to the individual's first, last, and
8.23 middle names; date of birth; residential address; and program eligibility status with expiration
8.24 date for the purposes of informing the other party of program eligibility.
8.25     (b) Information on persons who have been treated for substance use disorder may only
8.26 be disclosed according to the requirements of Code of Federal Regulations, title 42, sections
8.27 2.1 to 2.67.
8.28     (c) Data provided to law enforcement agencies under paragraph (a), clause (15), (16),
8.29 (17), or (18), or paragraph (b), are investigative data and are confidential or protected
8.30 nonpublic while the investigation is active. The data are private after the investigation
8.31 becomes inactive under section 13.82, subdivision 7, clause (a) or (b).
Sec. 5.  8
SF4399  REVISOR  AGW  S4399-1  1st Engrossment
9.1      (d) Mental health data shall be treated as provided in subdivisions 7, 8, and 9, but are
9.2  not subject to the access provisions of subdivision 10, paragraph (b).
9.3      (e) For the purposes of this subdivision, a request will be is deemed to be made in writing
9.4  if made through a computer interface system.
9.5      (f) Direct Care and Treatment may disclose data pursuant to this subdivision regardless
9.6  of any restrictions on disclosure of that data under sections 144.291 to 144.298.
9.7      (g) Notwithstanding section 144.2925, Direct Care and Treatment may disclose data as
9.8  permitted by law.
9.9      (h) Direct Care and Treatment may disclose welfare system data held by the agency to
9.10 facilitate coordination of guardianship services for Direct Care and Treatment clients,
9.11 including but not limited to making disclosures in guardianship proceedings, identifying
9.12 potential guardians, communicating with guardianship legal representation, and reporting
9.13 complaints to the Minnesota Judicial Branch or the Office of Ombudsman for Mental Health
9.14 and Developmental Disabilities. Direct Care and Treatment must obtain the client's consent
9.15 to the disclosure except when the client:
9.16     (1) lacks capacity to provide the consent; or
9.17     (2) has a current legal guardian who is unavailable, is nonresponsive, or refuses to
9.18 authorize the disclosure in relation to complaints to the Minnesota Judicial Branch or Office
9.19 of Ombudsman for Mental Health and Developmental Disabilities.
9.20   Sec. 6. Minnesota Statutes 2024, section 182.6545, is amended to read:
9.21     182.6545 RIGHTS OF NEXT OF KIN UPON DEATH.
9.22     In the case of a death of an employee, the department shall make reasonable efforts to
9.23 locate the employee's next of kin and shall mail to them copies of the following:
9.24     (1) citations and notification of penalty;
9.25     (2) notices of hearings;
9.26     (3) complaints and answers;
9.27     (4) settlement agreements;
9.28     (5) orders and decisions; and
9.29     (6) notices of appeals.
Sec. 6.  9
 SF4399  REVISOR  AGW  S4399-1  1st Engrossment
10.1      In addition, the next of kin shall have the right to request a consultation with the
10.2  department regarding citations and notification of penalties issued as a result of the
10.3  investigation of the employee's death. For the purposes of this section, "next of kin" refers
10.4  to the nearest proper relative as that term is defined by section 253B.03, subdivision 6,
10.5  paragraph (b), clause (3) (10).
10.6    Sec. 7. [246C.051] CLASSIFICATION ALIGNMENT FOR DIRECT CARE AND
10.7  TREATMENT EMPLOYEES.
10.8      (a) Notwithstanding section 43A.08; Minnesota Rules, part 3900.1300; or any other law
10.9  to the contrary, Direct Care and Treatment may, with approval from Minnesota Management
10.10 and Budget, convert employees deemed unclassified pursuant to pilot authority of the
10.11 Department of Human Services under Laws 1997, chapter 97, section 18, into the classified
10.12 service.
10.13     (b) Employees converted to the classified service pursuant to this section are subject to
10.14 the terms and conditions of employment applicable to positions in the classified service
10.15 pursuant to statute, rule, bargaining unit or compensation plan, and agency policy, including
10.16 but not limited to required probationary periods and mandatory training requirements.
10.17     (c) Employees converted to the classified service pursuant to this section must not receive
10.18 a reduction in salary at the time of the conversion.
10.19   Sec. 8. Minnesota Statutes 2024, section 253B.03, subdivision 6, is amended to read:
10.20     Subd. 6. Consent for medical procedure. (a) A patient has the right to give prior consent
10.21 to any medical or surgical treatment, including but not limited to surgery, other than treatment
10.22 for chemical dependency or nonintrusive treatment for mental illness. For purposes of this
10.23 subdivision only, "patient" includes a person committed under chapter 253D who is in a
10.24 state-operated treatment program.
10.25     (b) The following procedures shall be used to obtain consent for any treatment necessary
10.26 to preserve the life or health of any committed patient:
10.27     (1) the written, informed consent of a competent adult patient for the treatment is
10.28 sufficient;
10.29     (2) if the patient is subject to guardianship which includes the provision of medical care,
10.30 the written, informed consent of the guardian for the treatment is sufficient;
10.31     (3) for a patient in a treatment facility, if the head of the treatment facility or
10.32 state-operated treatment program determines that the patient is not competent to consent to
 Sec. 8.  10
 SF4399  REVISOR  AGW  S4399-1  1st Engrossment
11.1  the treatment and the patient has not been adjudicated incompetent, written, informed consent
11.2  for the surgery or medical treatment shall be obtained from the person appointed the health
11.3  care power of attorney, the patient's agent under the health care directive, or the nearest
11.4  proper relative. For this purpose, the following persons are proper relatives, in the order
11.5  listed: the patient's spouse, parent, adult child, or adult sibling. If the nearest proper relatives
11.6  relative cannot be located, refuse refuses to consent to the procedure, or are is unable to
11.7  consent, the head of the treatment facility or state-operated treatment program or an interested
11.8  person, as defined by section 524.5-102, subdivision 7, may petition the committing court
11.9  for approval for the treatment or may petition a court of competent jurisdiction for the
11.10 appointment of a guardian. The determination that the patient is not competent, and the
11.11 reasons for the determination, shall be documented in the patient's clinical record;
11.12     (4) for patients in a state-operated treatment program, if (i) the patient does not have a
11.13 health care power of attorney or an agent under a health care directive or the patient's health
11.14 care agent is not reasonably available to make the necessary health care decision for the
11.15 patient, and (ii) the patient's treating physician determines that the patient lacks
11.16 decision-making capacity to consent to the medical treatment, the state-operated treatment
11.17 program must make a good faith attempt to locate the patient's nearest proper relative to
11.18 obtain written informed consent for the medical treatment;
11.19     (5) if the state-operated treatment program is unable to reasonably locate a proper relative,
11.20 the executive medical director has decision-making authority for the health care decision
11.21 for the patient;
11.22     (6) any health care decision made by the executive medical director under clause (5)
11.23 must be consistent with any documented patient health care directive and with reasonable
11.24 medical practice and applicable law;
11.25     (7) if the state-operated treatment program consults with the patient's nearest proper
11.26 relative under clause (4) and the patient's nearest proper relative and the patient's treating
11.27 physician are not in agreement with respect to a medical treatment decision, the state-operated
11.28 treatment program or an interested person may petition the committing court for approval
11.29 of the treatment. The state-operated program may also petition a court of competent
11.30 jurisdiction for the appointment of a guardian at any time. If a court determines that a patient
11.31 is not competent, the determination and the reasons for the determination must be documented
11.32 in the patient's clinical record;
11.33     (8) before proceeding with treatment under clause (5), a state-operated treatment program
11.34 must inform the patient of the determination, the proposed treatment, and the right to request
 Sec. 8.  11
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12.1  review. Upon the request of the patient or an interested person a second physician not directly
12.2  involved in the patient's current treatment must review the incapacity determination. The
12.3  executive medical director must review the proposed treatment decision and the second
12.4  physician's review and make an updated determination. A state-operated treatment program
12.5  may proceed with treatment of the patient while a review under this clause is pending;
12.6      (9) if a patient or interested person is dissatisfied with the outcome of the review under
12.7  clause (8), the patient or interested person may petition the committing court under section
12.8  253B.17 for review of the determination made under clause (8). Filing a petition under
12.9  section 253B.17 does not stay treatment under this subdivision unless otherwise ordered by
12.10 the court. In reviewing the executive medical director's decision under clause (8) and issuing
12.11 a determination, the court must determine if the patient lacks capacity. If the patient lacks
12.12 capacity, the court must determine if the patient clearly stated what the patient would choose
12.13 to do in the situation when the patient had the capacity to make a reasoned decision. Evidence
12.14 of the patient's wishes may include written instruments, including a durable power of attorney
12.15 for health care under chapter 145C or a declaration under section 253B.03, subdivision 6d.
12.16 If the court finds that the patient clearly stated what the patient would choose to do in the
12.17 situation, the patient's wishes must be followed. If the court determines that the evidence
12.18 of the patient's wishes regarding the situation is conflicting or lacking, the court must make
12.19 a decision based on what a reasonable person would do, taking into consideration:
12.20     (i) the patient's family, community, moral, religious, and social values;
12.21     (ii) the medical risks, benefits, and alternatives to the proposed treatment;
12.22     (iii) past efficacy and any extenuating circumstances of past experience with the particular
12.23 medical treatment; and
12.24     (iv) any other relevant factors;
12.25     (10) for purposes of this subdivision, the following persons are proper relatives, in the
12.26 order listed: the patient's spouse, parent, adult child, or adult sibling;
12.27     (4) (11) consent to treatment of any minor patient shall be secured in accordance with
12.28 sections 144.341 to 144.346. A minor 16 years of age or older may consent to hospitalization,
12.29 routine diagnostic evaluation, and emergency or short-term acute care; and
12.30     (5) (12) in the case of an emergency when the persons ordinarily qualified to give consent
12.31 cannot be located in sufficient time to address the emergency need, the head of the treatment
12.32 facility or state-operated treatment program may give consent.
 Sec. 8.  12
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13.1      (c) No person who consents to treatment pursuant to the provisions of this subdivision
13.2  shall be civilly or criminally liable for the performance or the manner of performing the
13.3  treatment. No person shall be liable for performing treatment without consent if written,
13.4  informed consent was given pursuant to this subdivision. This provision shall not affect any
13.5  other liability which may result from the manner in which the treatment is performed.
13.6      (d) When a determination is made under paragraph (b), clauses (5) and (8), the
13.7  state-operated treatment program must document the following information in the patient's
13.8  clinical record:
13.9      (1) the determination of incapacity and the clinical basis for the determination;
13.10     (2) the specific treatment authorized;
13.11     (3) the person who provided consent or who made the determination allowing the
13.12 treatment;
13.13     (4) the efforts made to locate and consult with a health care agent or nearest proper
13.14 relative; and
13.15     (5) the patient's expressed preferences regarding the treatment, if known, and how the
13.16 preferences were considered.
13.17     (e) The executive medical director must review a determination that a patient lacks
13.18 capacity periodically as medically appropriate, but not less than every six months. The
13.19 outcome of a review under this paragraph must be documented in the patient's clinical
13.20 record.
13.21   Sec. 9. Minnesota Statutes 2025 Supplement, section 253B.18, subdivision 6, is amended
13.22 to read:
13.23     Subd. 6. Transfer. (a) A patient who is a person who has a mental illness and is
13.24 dangerous to the public shall not be transferred out of a secure treatment facility unless it
13.25 appears to the satisfaction of the executive board, after a hearing and favorable
13.26 recommendation by a majority of the special review board, that the transfer is appropriate.
13.27 Transfer may be to another state-operated treatment program. In those instances where a
13.28 commitment also exists to the Department of Corrections, transfer may be to a facility
13.29 designated by the commissioner of corrections.
13.30     (b) The following factors must be considered in determining whether a transfer is
13.31 appropriate:
13.32     (1) the person's clinical progress and present treatment needs;
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 SF4399  REVISOR  AGW  S4399-1  1st Engrossment
14.1      (2) the need for security to accomplish continuing treatment;
14.2      (3) the need for continued institutionalization;
14.3      (4) which facility can best meet the person's needs; and
14.4      (5) whether transfer can be accomplished with a reasonable degree of safety for the
14.5  public.
14.6      (c) If a committed person has been transferred out of a secure treatment facility pursuant
14.7  to this subdivision, that committed person may voluntarily return to a secure treatment
14.8  facility for a period of up to 60 days with the consent of the head of the treatment facility.
14.9  for a period of up to:
14.10     (1) 90 days if due to a psychiatric medical condition; or
14.11     (2) six months if due to a nonpsychiatric medical condition.
14.12     (d) If the committed person is not returned to the original, nonsecure transfer facility
14.13 within 60 90 days of being readmitted to a secure treatment facility if due to a psychiatric
14.14 medical condition or within six months of being readmitted to a secure treatment facility if
14.15 due to a nonpsychiatric medical condition, the transfer is revoked and the committed person
14.16 must remain in a secure treatment facility. The committed person must immediately be
14.17 notified in writing of the revocation.
14.18     (e) Within 15 days of receiving notice of the revocation, the committed person may
14.19 petition the special review board for a review of the revocation. The special review board
14.20 shall review the circumstances of the revocation and shall recommend to the executive
14.21 board whether or not the revocation should be upheld. The special review board may also
14.22 recommend a new transfer at the time of the revocation hearing.
14.23     (f) No action by the special review board is required if the transfer has not been revoked
14.24 and the committed person is returned to the original, nonsecure transfer facility with no
14.25 substantive change to the conditions of the transfer ordered under this subdivision.
14.26     (g) The head of the treatment facility may revoke a transfer made under this subdivision
14.27 and require a committed person to return to a secure treatment facility if:
14.28     (1) remaining in a nonsecure setting does not provide a reasonable degree of safety to
14.29 the committed person or others; or
14.30     (2) the committed person has regressed clinically and the facility to which the committed
14.31 person was transferred does not meet the committed person's needs.
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15.1      (h) Upon the revocation of the transfer, the committed person must be immediately
15.2  returned to a secure treatment facility. A report documenting the reasons for revocation
15.3  must be issued by the head of the treatment facility within seven days after the committed
15.4  person is returned to the secure treatment facility. Advance notice to the committed person
15.5  of the revocation is not required.
15.6      (i) The committed person must be provided a copy of the revocation report and informed,
15.7  orally and in writing, of the rights of a committed person under this section. The revocation
15.8  report must be served upon the committed person, the committed person's counsel, and the
15.9  designated agency. The report must outline the specific reasons for the revocation, including
15.10 but not limited to the specific facts upon which the revocation is based.
15.11     (j) If a committed person's transfer is revoked, the committed person may re-petition for
15.12 transfer according to subdivision 5.
15.13     (k) A committed person aggrieved by a transfer revocation decision may petition the
15.14 special review board within seven business days after receipt of the revocation report for a
15.15 review of the revocation. The matter must be scheduled within 30 days. The special review
15.16 board shall review the circumstances leading to the revocation and, after considering the
15.17 factors in paragraph (b), shall recommend to the executive board whether or not the
15.18 revocation shall be upheld. The special review board may also recommend a new transfer
15.19 out of a secure treatment facility at the time of the revocation hearing.
15.20     EFFECTIVE DATE. This section is effective July 1, 2026.
15.21   Sec. 10. Minnesota Statutes 2024, section 253B.18, subdivision 14, is amended to read:
15.22     Subd. 14. Voluntary readmission. (a) With the consent of the head of the treatment
15.23 facility or state-operated treatment program, a patient may voluntarily return from provisional
15.24 discharge with the consent of the designated agency for a period of up to:
15.25     (1) 30 days, or;
15.26     (2) up to 60 90 days with the consent of the designated agency. if due to a psychiatric
15.27 medical condition; or
15.28     (3) six months if due to a nonpsychiatric medical condition.
15.29     (b) If the patient is not returned to provisional discharge status within 60 90 days of
15.30 being readmitted if due to a psychiatric medical condition or within six months of being
15.31 readmitted if due to a nonpsychiatric medical condition, the provisional discharge is revoked.
15.32 Within 15 days of receiving notice of the change in status, the patient may request a review
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16.1 of the matter before the special review board. The special review board may recommend a
16.2 return to a provisional discharge status.
16.3     (b) (c) The treatment facility or state-operated treatment program is not required to
16.4 petition for a further review by the special review board unless the patient's return to the
16.5 community results in substantive change to the existing provisional discharge plan. All the
16.6 terms and conditions of the provisional discharge order shall remain unchanged if the patient
16.7 is released again.
16.8     EFFECTIVE DATE. This section is effective July 1, 2026.
Sec. 10.  16