Minnesota § 245.483 TERMINATION OR RETURN OF AN ALLOCATION

Minnesota Statutes

§ 245.483 — TERMINATION OR RETURN OF AN ALLOCATION

Minnesota § 245.483

PartPUBLIC WELFARE AND RELATED ACTIVITIES

Ch. 245DEPARTMENT OF HUMAN SERVICES

This text of Minnesota § 245.483 (TERMINATION OR RETURN OF AN ALLOCATION) is published on Counsel Stack Legal Research, covering Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Minn. Stat. § 245.483 (2026).

Text

Subdivision 1.Funds not properly used.
If the commissioner determines that a county is not meeting the requirements of sections245.461to245.486and245.487to245.4889, or that funds are not being used according to the approved mental health plan, all or part of the mental health funds may be terminated upon 30 days' notice to the county board. The commissioner may require repayment of any funds not used according to the approved mental health plan. If the commissioner receives a written appeal from the county board within the 30-day period, opportunity for a hearing under the Minnesota Administrative Procedure Act, chapter 14, must be provided before the allocation is terminated or is required to be repaid. The 30-day period begins when the county board receives the commissioner's notice by 

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Subdivision 1.Funds not properly used.
If the commissioner determines that a county is not meeting the requirements of sections245.461to245.486and245.487to245.4889, or that funds are not being used according to the approved mental health plan, all or part of the mental health funds may be terminated upon 30 days' notice to the county board. The commissioner may require repayment of any funds not used according to the approved mental health plan. If the commissioner receives a written appeal from the county board within the 30-day period, opportunity for a hearing under the Minnesota Administrative Procedure Act, chapter 14, must be provided before the allocation is terminated or is required to be repaid. The 30-day period begins when the county board receives the commissioner's notice by certified mail.

Subd. 2.Use of returned funds.
The commissioner may reallocate the funds returned.

Subd. 3.Delayed payments.
If the commissioner finds that a county board or its contractors are not in compliance with the approved mental health plan or sections245.461to245.486and245.487to245.4889, the commissioner may delay payment of all or part of the quarterly mental health funds until the county board and its contractors meet the requirements. The commissioner shall not delay a payment longer than three months without first issuing a notice under subdivision 2 that all or part of the allocation will be terminated or required to be repaid. After this notice is issued, the commissioner may continue to delay the payment until completion of the hearing in subdivision 2.

Subd. 4.State assumption of responsibility.
If the commissioner determines that services required by sections245.461to245.486and245.487to245.4889will not be provided by the county board in the manner or to the extent required by sections245.461to245.486and245.487to245.4889, the commissioner shall contract directly with providers to ensure that clients receive appropriate services. In this case, the commissioner shall use the county's mental health funds to the extent necessary to carry out the county's responsibilities under sections245.461to245.486and245.487to245.4889. The commissioner shall work with the county board to allow for a return of authority and responsibility to the county board as soon as compliance with sections245.461to245.486and245.487to245.4889can be assured.

Legislative History

1987 c 403 art 2 s 37;1989 c 282 art 4 s 32;1991 c 94 s 24;1991 c 292 art 6 s 58subd 1;1Sp2003 c 14 art 11 s 11;2005 c 98 art 3 s 7,8,24;2007 c 147 art 8 s 38