Minnesota Statutes
Chapter 246 — State-operated Services
Section 246.51 — Payment For Care And Treatment; Determination.

Subdivision 1. [Repealed, 2009 c 79 art 3 s 19]
Subd. 1a. Clients in state-operated community-based programs; determination. The commissioner shall determine available health plan coverage from a health plan company for services provided to clients admitted to a state-operated community-based program. If the health plan coverage requires a co-pay or deductible, or if there is no available health plan coverage, the commissioner shall determine or redetermine what part of the noncovered cost of care, if any, the client is able to pay. If the client is unable to pay the uncovered cost of care, the commissioner shall determine the client's relatives' ability to pay. The client and relatives shall provide to the commissioner documents and proof necessary to determine the client's and relatives' ability to pay. Failure to provide the commissioner with sufficient information to determine ability to pay may make the client or relatives liable for the full cost of care until the time when sufficient information is provided. If it is determined that the responsible party does not have the ability to pay, the commissioner shall waive payment of the portion that exceeds ability to pay under the determination.
Subd. 1b. Clients served by regional treatment centers or nursing homes; determination. The commissioner shall determine or redetermine, if necessary, what part of the cost of care, if any, a client served in regional treatment centers or nursing homes operated by state-operated services is able to pay. If the client is unable to pay the full cost of care, the commissioner shall determine if the client's relatives have the ability to pay. The client and relatives shall provide to the commissioner documents and proof necessary to determine the client's and relatives' ability to pay. Failure to provide the commissioner with sufficient information to determine ability to pay may make the client or relatives liable for the full cost of care until the time when sufficient information is provided. No parent shall be liable for the cost of care given a client at a regional treatment center after the client has reached the age of 18 years.
Subd. 2. Rules. The commissioner shall adopt, pursuant to the Administrative Procedure Act, rules establishing uniform standards for determination of client liability and relative, guardian or conservator responsibility for care provided at state facilities. The standards may differ for mental illness, substance use disorder, or developmental disability. The standards established in rules adopted under chapter 254B shall determine the amount of client and relative responsibility when a portion of the client's cost of care has been paid under chapter 254B. These rules shall have the force and effect of law.
Subd. 3. Applicability. The commissioner may recover, under sections 246.50 to 246.55, the cost of any care provided in a state facility, including care provided prior to July 1, 1989, regardless of the terminology used to designate the status or condition of the person receiving the care or the terminology used to identify the facility. For purposes of recovering the cost of care provided prior to July 1, 1989, the term "state facility" as used in sections 246.50 to 246.55 includes "state hospital," "regional treatment center," or "regional center"; and the term "client" includes, but is not limited to, persons designated as "having a mental illness or developmental disability," or "having a substance use disorder."
1959 c 578 s 2; 1969 c 399 s 1; 1971 c 637 s 5; 1973 c 35 s 46; 1973 c 138 s 1; 1973 c 235 s 2; 1973 c 725 s 45; 1977 c 331 s 1; 1982 c 641 art 1 s 6; 1986 c 394 s 5; 1987 c 299 s 1; 1987 c 384 art 1 s 20; 1987 c 403 art 2 s 51; 1989 c 282 art 2 s 90,218; 2003 c 112 art 2 s 50; 2005 c 56 s 1; 2009 c 79 art 3 s 4,5; 2009 c 101 art 2 s 109; 2013 c 59 art 3 s 1; 2022 c 98 art 4 s 51

Structure Minnesota Statutes

Minnesota Statutes

Chapters 245 - 267 — Public Welfare And Related Activities

Chapter 246 — State-operated Services

Section 246.01 — Powers And Duties.

Section 246.013 — Persons With Mental Illness; Care, Treatment.

Section 246.0135 — Operation Of Regional Treatment Centers.

Section 246.014 — Services.

Section 246.0141 — Tobacco Use Prohibited.

Section 246.015 — Consultative Services; Aftercare Of Patients.

Section 246.018 — Office Of Medical Director.

Section 246.12 — Biennial Estimates; Suggestions For Legislation.

Section 246.128 — Notification To Legislature Required.

Section 246.129 — Legislative Approval Required.

Section 246.13 — Records Of Persons Receiving State-operated Services.

Section 246.14 — Use Of Space In Institutions.

Section 246.141 — Project Labor.

Section 246.15 — Money Of Patients Or Residents.

Section 246.151 — Compensation Paid To Patient.

Section 246.16 — Unclaimed Money Or Personal Property.

Section 246.18 — Disposal Of Funds.

Section 246.23 — Persons Admissible To Regional Treatment Centers.

Section 246.234 — Reciprocal Exchange Of Certain Persons.

Section 246.24 — Compromise Of Claims.

Section 246.27 — Physical Examinations For Employment Required.

Section 246.325 — Garden Of Remembrance.

Section 246.33 — Cemetery.

Section 246.34 — Reburial.

Section 246.35 — Abandonment Of Cemetery; Court Order.

Section 246.36 — Acceptance Of Voluntary, Uncompensated Services.

Section 246.41 — Benefit For Persons With Developmental Disabilities.

Section 246.50 — Care Of Clients At State Facilities; Definitions.

Section 246.51 — Payment For Care And Treatment; Determination.

Section 246.511 — Relative Responsibility.

Section 246.52 — Payment For Care; Order; Action.

Section 246.53 — Claim Against Estate Of Deceased Client.

Section 246.531 — Subrogation Of Insurance Settlements.

Section 246.54 — Liability Of County; Reimbursement.

Section 246.55 — Appeal From Order Of Commissioner.

Section 246.56 — Work Activity For Certain Patients Or Residents.

Section 246.57 — Shared Service Agreements.

Section 246.60 — Consolidation; Employees.

Section 246.64 — Substance Use Disorder Service Agreements.

Section 246.70 — Services To Families.

Section 246.71 — Definitions.

Section 246.711 — Conditions For Applicability Of Procedures.

Section 246.712 — Information Required To Be Given To Individuals.

Section 246.713 — Disclosure Of Positive Blood-borne Pathogen Test Results.

Section 246.714 — Consent Procedures Generally.

Section 246.715 — Testing Of Available Blood.

Section 246.716 — Blood Sample Collection For Testing.

Section 246.717 — No Discrimination.

Section 246.718 — Use Of Test Results.

Section 246.719 — Test Information Confidentiality.

Section 246.72 — Penalty For Unauthorized Release Of Information.

Section 246.721 — Protocol For Exposure To Blood-borne Pathogens.

Section 246.722 — Immunity.