1.2relating to human services; modifying the long-term care consultation
1.3requirements for prospective housing with services residents; amending
1.4Minnesota Statutes 2011 Supplement, section 256B.0911, subdivision 3c.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6    Section 1. Minnesota Statutes 2011 Supplement, section 256B.0911, subdivision 3c,
1.7is amended to read:
1.8    Subd. 3c. Consultation for Transition to housing with services. (a) Housing
1.9with services establishments offering or providing assisted living under chapter 144G
1.10shall inform all prospective residents of the availability of and contact information
1.11for transitional consultation services under this subdivision prior to executing a lease
1.12or contract with the prospective resident. The purpose of transitional long-term care
1.13consultation for registered housing with services is to support persons with current or
1.14anticipated long-term care needs in making informed choices among options that include
1.15the most cost-effective and least restrictive settings, and to delay spenddown to eligibility
1.16for publicly funded programs by connecting people to alternative services in their homes
1.17before transition to housing with services. Regardless of the consultation, prospective
1.18residents maintain the right to choose housing with services or assisted living if that
1.19option is their preference.
1.20    (b) Registered housing with services establishments shall inform all prospective
1.21residents of the availability of long-term care consultation and the need to receive and
1.22verify the consultation prior to signing a lease or contract. Long-term care consultation
1.23for registered housing with Transitional consultation services is are provided as
1.24determined by the commissioner of human services in partnership with county long-term
2.1care consultation units, and the area agencies on aging, and are a combination of
2.2telephone-based and in-person assistance provided under models developed by the
2.3commissioner. The consultation shall be performed in a manner that provides objective
2.4and complete information. The service is delivered under a partnership between lead
2.5agencies as defined in subdivision 1a, paragraph (d), and the Area Agencies on Aging, and
2.6is a point of entry to a combination of telephone-based long-term care options counseling
2.7provided by Senior LinkAge Line and in-person long-term care consultation provided by
2.8lead agencies. The point of entry service Transitional consultation must be provided
2.9within five working days of the request of the prospective resident as follows:
2.10    (1) the consultation shall be performed in a manner that provides objective and
2.11complete information must be provided by a qualified professional as determined by
2.12the commissioner;
2.13    (2) the consultation must include a review of the prospective resident's reasons for
2.14considering housing with services assisted living, the prospective resident's personal
2.15goals, a discussion of the prospective resident's immediate and projected long-term care
2.16needs, and alternative community services or housing with services assisted living settings
2.17that may meet the prospective resident's needs; and
2.18    (3) the prospective resident shall be informed of the availability of a face-to-face
2.19visit long-term care consultation services described in subdivision 3a that are available at
2.20no charge to the prospective resident to assist the prospective resident in assessment and
2.21planning to meet the prospective resident's long-term care needs; and. The Senior LinkAge
2.22Line and long-term care consultation team shall give the highest priority to referrals who
2.23are at highest risk of nursing facility placement or as needed for determining eligibility.
2.24(4) verification of counseling shall be generated and provided to the prospective
2.25resident by Senior LinkAge Line upon completion of the telephone-based counseling.
2.26(c) Housing with services establishments registered under chapter 144D shall:
2.27(1) inform all prospective residents of the availability of and contact information for
2.28consultation services under this subdivision;
2.29(2) except for individuals seeking lease-only arrangements in subsidized housing
2.30settings, receive a copy of the verification of counseling prior to executing a lease or
2.31service contract with the prospective resident, and prior to executing a service contract
2.32with individuals who have previously entered into lease-only arrangements; and
2.33(3) retain a copy of the verification of counseling as part of the resident's file.