Bill Text: MN SF727 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Long-term care consultation assessment services support plan information updating modification
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2013-04-29 - HF substituted on General Orders HF841 [SF727 Detail]
Download: Minnesota-2013-SF727-Engrossed.html
1.2relating to human services; modifying requirements for assessments;amending
1.3Minnesota Statutes 2012, section 256B.0911, subdivision 3a.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1.Minnesota Statutes 2012, section 256B.0911, subdivision 3a, is amended to
1.6read:
1.7 Subd. 3a. Assessment and support planning. (a) Persons requesting assessment,
1.8services planning, or other assistance intended to support community-based living,
1.9including persons who need assessment in order to determine waiver or alternative care
1.10program eligibility, must be visited by a long-term care consultation team within 20
1.11calendar days after the date on which an assessment was requested or recommended.
1.12Upon statewide implementation of subdivisions 2b, 2c, and 5, this requirement also
1.13applies to an assessment of a person requesting personal care assistance services and
1.14private duty nursing. The commissioner shall provide at least a 90-day notice to lead
1.15agencies prior to the effective date of this requirement. Face-to-face assessments must be
1.16conducted according to paragraphs (b) to (i).
1.17 (b) The lead agency may utilize a team of either the social worker or public health
1.18nurse, or both. Upon implementation of subdivisions 2b, 2c, and 5, lead agencies shall
1.19use certified assessors to conduct the assessment. The consultation team members must
1.20confer regarding the most appropriate care for each individual screened or assessed. For
1.21a person with complex health care needs, a public health or registered nurse from the
1.22team must be consulted.
1.23 (c) The assessment must be comprehensive and include a person-centered assessment
1.24of the health, psychological, functional, environmental, and social needs of referred
2.1individuals and provide information necessary to develop a community support plan that
2.2meets the consumers needs, using an assessment form provided by the commissioner.
2.3 (d) The assessment must be conducted in a face-to-face interview with the person
2.4being assessed and the person's legal representative, and other individuals as requested by
2.5the person, who can provide information on the needs, strengths, and preferences of the
2.6person necessary to develop a community support plan that ensures the person's health and
2.7safety, but who is not a provider of service or has any financial interest in the provision
2.8of services. For persons who are to be assessed for elderly waiver customized living
2.9services under section256B.0915 , with the permission of the person being assessed or
2.10the person's designated or legal representative, the client's current or proposed provider
2.11of services may submit a copy of the provider's nursing assessment or written report
2.12outlining its recommendations regarding the client's care needs. The person conducting
2.13the assessment will notify the provider of the date by which this information is to be
2.14submitted. This information shall be provided to the person conducting the assessment
2.15prior to the assessment.
2.16 (e) If the person chooses to use community-based services, the person or the person's
2.17legal representative must be provided with a written community support plan within 40
2.18calendar days of the assessment visit, regardless of whether the individual is eligible for
2.19Minnesota health care programs. The written community support plan must include:
2.20(1) a summary of assessed needs as defined in paragraphs (c) and (d);
2.21(2) the individual's options and choices to meet identified needs, including all
2.22available options for case management services and providers;
2.23(3) identification of health and safety risks and how those risks will be addressed,
2.24including personal risk management strategies;
2.25(4) referral information; and
2.26(5) informal caregiver supports, if applicable.
2.27For a person determined eligible for state plan home care under subdivision 1a,
2.28paragraph (b), clause (1), the person or person's representative must also receive a copy of
2.29the home care service plan developed by the certified assessor.
2.30(f) A person may request assistance in identifying community supports without
2.31participating in a complete assessment. Upon a request for assistance identifying
2.32community support, the person must be transferred or referred to long-term care options
2.33counseling services available under sections256.975, subdivision 7 , and
256.01 ,
2.34subdivision 24, for telephone assistance and follow up.
3.1 (g) The person has the right to make the final decision between institutional
3.2placement and community placement after the recommendations have been provided,
3.3except as provided in subdivision 4a, paragraph (c).
3.4 (h) The lead agency must give the person receiving assessment or support planning,
3.5or the person's legal representative, materials, and forms supplied by the commissioner
3.6containing the following information:
3.7 (1) written recommendations for community-based services and consumer-directed
3.8options;
3.9(2) documentation that the most cost-effective alternatives available were offered to
3.10the individual. For purposes of this clause, "cost-effective" means community services and
3.11living arrangements that cost the same as or less than institutional care. For an individual
3.12found to meet eligibility criteria for home and community-based service programs under
3.13section256B.0915 or
256B.49 , "cost-effectiveness" has the meaning found in the federally
3.14approved waiver plan for each program;
3.15(3) the need for and purpose of preadmission screening if the person selects nursing
3.16facility placement;
3.17 (4) the role of long-term care consultation assessment and support planning in
3.18eligibility determination for waiver and alternative care programs, and state plan home
3.19care, case management, and other services as defined in subdivision 1a, paragraphs (a),
3.20clause (7), and (b);
3.21 (5) information about Minnesota health care programs;
3.22 (6) the person's freedom to accept or reject the recommendations of the team;
3.23 (7) the person's right to confidentiality under the Minnesota Government Data
3.24Practices Act, chapter 13;
3.25 (8) the certified assessor's decision regarding the person's need for institutional level
3.26of care as determined under criteria established in section256B.0911, subdivision 4a ,
3.27paragraph (d), and the certified assessor's decision regarding eligibility for all services and
3.28programs as defined in subdivision 1a, paragraphs (a), clause (7), and (b); and
3.29 (9) the person's right to appeal the certified assessor's decision regarding eligibility
3.30for all services and programs as defined in subdivision 1a, paragraphs (a), clause (7), and
3.31(b), and incorporating the decision regarding the need for institutional level of care or the
3.32lead agency's final decisions regarding public programs eligibility according to section
3.33256.045, subdivision 3
.
3.34 (i) Face-to-face assessment completed as part of eligibility determination for
3.35the alternative care, elderly waiver, community alternatives for disabled individuals,
3.36community alternative care, and brain injury waiver programs under sections256B.0913 ,
4.1256B.0915
, and
256B.49 is valid to establish service eligibility for no more than 60
4.2calendar days after the date of assessment.
4.3(j) The effective eligibility start date for programs in paragraph (i) can never be
4.4prior to the date of assessment. If an assessment was completed more than 60 days
4.5before the effective waiver or alternative care program eligibility start date, assessment
4.6and support plan information must be updatedin a face-to-face visit and documented in
4.7the department's Medicaid Management Information System (MMIS). Notwithstanding
4.8retroactive medical assistance coverage of state plan services, the effective date of
4.9eligibility for programs included in paragraph (i) cannot be prior to the date the most
4.10recent updated assessment is completed.
1.3Minnesota Statutes 2012, section 256B.0911, subdivision 3a.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1.Minnesota Statutes 2012, section 256B.0911, subdivision 3a, is amended to
1.6read:
1.7 Subd. 3a. Assessment and support planning. (a) Persons requesting assessment,
1.8services planning, or other assistance intended to support community-based living,
1.9including persons who need assessment in order to determine waiver or alternative care
1.10program eligibility, must be visited by a long-term care consultation team within 20
1.11calendar days after the date on which an assessment was requested or recommended.
1.12Upon statewide implementation of subdivisions 2b, 2c, and 5, this requirement also
1.13applies to an assessment of a person requesting personal care assistance services and
1.14private duty nursing. The commissioner shall provide at least a 90-day notice to lead
1.15agencies prior to the effective date of this requirement. Face-to-face assessments must be
1.16conducted according to paragraphs (b) to (i).
1.17 (b) The lead agency may utilize a team of either the social worker or public health
1.18nurse, or both. Upon implementation of subdivisions 2b, 2c, and 5, lead agencies shall
1.19use certified assessors to conduct the assessment. The consultation team members must
1.20confer regarding the most appropriate care for each individual screened or assessed. For
1.21a person with complex health care needs, a public health or registered nurse from the
1.22team must be consulted.
1.23 (c) The assessment must be comprehensive and include a person-centered assessment
1.24of the health, psychological, functional, environmental, and social needs of referred
2.1individuals and provide information necessary to develop a community support plan that
2.2meets the consumers needs, using an assessment form provided by the commissioner.
2.3 (d) The assessment must be conducted in a face-to-face interview with the person
2.4being assessed and the person's legal representative, and other individuals as requested by
2.5the person, who can provide information on the needs, strengths, and preferences of the
2.6person necessary to develop a community support plan that ensures the person's health and
2.7safety, but who is not a provider of service or has any financial interest in the provision
2.8of services. For persons who are to be assessed for elderly waiver customized living
2.9services under section
2.10the person's designated or legal representative, the client's current or proposed provider
2.11of services may submit a copy of the provider's nursing assessment or written report
2.12outlining its recommendations regarding the client's care needs. The person conducting
2.13the assessment will notify the provider of the date by which this information is to be
2.14submitted. This information shall be provided to the person conducting the assessment
2.15prior to the assessment.
2.16 (e) If the person chooses to use community-based services, the person or the person's
2.17legal representative must be provided with a written community support plan within 40
2.18calendar days of the assessment visit, regardless of whether the individual is eligible for
2.19Minnesota health care programs. The written community support plan must include:
2.20(1) a summary of assessed needs as defined in paragraphs (c) and (d);
2.21(2) the individual's options and choices to meet identified needs, including all
2.22available options for case management services and providers;
2.23(3) identification of health and safety risks and how those risks will be addressed,
2.24including personal risk management strategies;
2.25(4) referral information; and
2.26(5) informal caregiver supports, if applicable.
2.27For a person determined eligible for state plan home care under subdivision 1a,
2.28paragraph (b), clause (1), the person or person's representative must also receive a copy of
2.29the home care service plan developed by the certified assessor.
2.30(f) A person may request assistance in identifying community supports without
2.31participating in a complete assessment. Upon a request for assistance identifying
2.32community support, the person must be transferred or referred to long-term care options
2.33counseling services available under sections
2.34subdivision 24, for telephone assistance and follow up.
3.1 (g) The person has the right to make the final decision between institutional
3.2placement and community placement after the recommendations have been provided,
3.3except as provided in subdivision 4a, paragraph (c).
3.4 (h) The lead agency must give the person receiving assessment or support planning,
3.5or the person's legal representative, materials, and forms supplied by the commissioner
3.6containing the following information:
3.7 (1) written recommendations for community-based services and consumer-directed
3.8options;
3.9(2) documentation that the most cost-effective alternatives available were offered to
3.10the individual. For purposes of this clause, "cost-effective" means community services and
3.11living arrangements that cost the same as or less than institutional care. For an individual
3.12found to meet eligibility criteria for home and community-based service programs under
3.13section
3.14approved waiver plan for each program;
3.15(3) the need for and purpose of preadmission screening if the person selects nursing
3.16facility placement;
3.17 (4) the role of long-term care consultation assessment and support planning in
3.18eligibility determination for waiver and alternative care programs, and state plan home
3.19care, case management, and other services as defined in subdivision 1a, paragraphs (a),
3.20clause (7), and (b);
3.21 (5) information about Minnesota health care programs;
3.22 (6) the person's freedom to accept or reject the recommendations of the team;
3.23 (7) the person's right to confidentiality under the Minnesota Government Data
3.24Practices Act, chapter 13;
3.25 (8) the certified assessor's decision regarding the person's need for institutional level
3.26of care as determined under criteria established in section
3.27paragraph (d), and the certified assessor's decision regarding eligibility for all services and
3.28programs as defined in subdivision 1a, paragraphs (a), clause (7), and (b); and
3.29 (9) the person's right to appeal the certified assessor's decision regarding eligibility
3.30for all services and programs as defined in subdivision 1a, paragraphs (a), clause (7), and
3.31(b), and incorporating the decision regarding the need for institutional level of care or the
3.32lead agency's final decisions regarding public programs eligibility according to section
3.34 (i) Face-to-face assessment completed as part of eligibility determination for
3.35the alternative care, elderly waiver, community alternatives for disabled individuals,
3.36community alternative care, and brain injury waiver programs under sections
4.2calendar days after the date of assessment.
4.3(j) The effective eligibility start date for programs in paragraph (i) can never be
4.4prior to the date of assessment. If an assessment was completed more than 60 days
4.5before the effective waiver or alternative care program eligibility start date, assessment
4.6and support plan information must be updated
4.7the department's Medicaid Management Information System (MMIS). Notwithstanding
4.8retroactive medical assistance coverage of state plan services, the effective date of
4.9eligibility for programs included in paragraph (i) cannot be prior to the date the most
4.10recent updated assessment is completed.
