HF 1999

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to human services; modifying case management
of persons with mental retardation or related
conditions; amending Minnesota Statutes 2004, sections
256.045, subdivision 4a; 256B.092, subdivisions 7, 8.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 256.045,
subdivision 4a, is amended to read:

Subd. 4a.

Case management appeals.

Any recipient of case
management services pursuant to section 256B.092, who contests
the county agency's action or failure to act in the provision of
those services, deleted text begin other than a failure to act with reasonable
promptness or a suspension, reduction, denial, or termination of
services, deleted text end must submit a written request for a conciliation
conference to the county agency. The county agency shall inform
the commissioner of the receipt of a request when it is
submitted and shall schedule a conciliation conference. The
county agency shall notify the recipient, the commissioner, and
all interested persons of the time, date, and location of the
conciliation conference. The commissioner may assist the county
by providing mediation services or by identifying other
resources that may assist in the mediation between the parties.
Within 30 days, the county agency shall conduct the conciliation
conference and inform the recipient in writing of the action the
county agency is going to take and when that action will be
taken and notify the recipient of the right to a hearing under
this subdivision. The conciliation conference shall be
conducted in a manner consistent with the commissioner's
instructions. If the county fails to conduct the conciliation
conference and issue its report within 30 days, or, at any time
up to 90 days after the conciliation conference is held, a
recipient may submit to the commissioner a written request for a
hearing before a state human services referee to determine
whether case management services have been provided in
accordance with applicable laws and rules or whether the county
agency has assured that the services identified in the
recipient's individual service plan have been delivered in
accordance with the laws and rules governing the provision of
those services. The state human services referee shall
recommend an order to the commissioner, who shall, in accordance
with the procedure in subdivision 5, issue a final order within
60 days of the receipt of the request for a hearing, unless the
commissioner refuses to accept the recommended order, in which
event a final order shall issue within 90 days of the receipt of
that request. The order may direct the county agency to take
those actions necessary to comply with applicable laws or
rules. The commissioner may issue a temporary order prohibiting
the demission of a recipient of case management services from a
residential or day habilitation program licensed under chapter
245A, while a county agency review process or an appeal brought
by a recipient under this subdivision is pending, or for the
period of time necessary for the county agency to implement the
commissioner's order. The commissioner shall not issue a final
order staying the demission of a recipient of case management
services from a residential or day habilitation program licensed
under chapter 245A.

Sec. 2.

Minnesota Statutes 2004, section 256B.092,
subdivision 7, is amended to read:

Subd. 7.

Screening teams.

For persons with mental
retardation or a related condition, screening teams shall be
established which shall evaluate the need for the level of care
provided by residential-based new text begin and community-based new text end habilitation
services, residential services, new text begin residential-based and
community-based new text end training and habilitation services, and nursing
facility services. The evaluation shall address whether home
and community-based services are appropriate for persons who are
at risk of placement in an intermediate care facility for
persons with mental retardation or related conditions, or for
whom there is reasonable indication that they might require this
level of care. The screening team shall make an evaluation of
need within 60 working days of a request for service by a person
with mental retardation or related conditions, and within five
working days of an emergency admission of a person to an
intermediate care facility for persons with mental retardation
or related conditions. The screening team shall consist of the
case manager for persons with mental retardation or related
conditions, the person, the person's legal guardian or
conservator, or the parent if the person is a minor, and a
qualified mental retardation professional, as defined in the
Code of Federal Regulations, title 42, section 483.430, as
amended through June 3, 1988. The case manager may also act as
the qualified mental retardation professional if the case
manager meets the federal definition. County social service
agencies may contract with a public or private agency or
individual who is not a service provider for the person for the
public guardianship representation required by the screening or
individual service planning process. The contract shall be
limited to public guardianship representation for the screening
and individual service planning activities. The contract shall
require compliance with the commissioner's instructions and may
be for paid or voluntary services. For persons determined to
have overriding health care needs and are seeking admission to a
nursing facility or an ICF/MR, or seeking access to home and
community-based waivered services, a registered nurse must be
designated as either the case manager or the qualified mental
retardation professional. For persons under the jurisdiction of
a correctional agency, the case manager must consult with the
corrections administrator regarding additional health, safety,
and supervision needs. The case manager, with the concurrence
of the person, the person's legal guardian or conservator, or
the parent if the person is a minor, may invite other
individuals to attend meetings of the screening team. No member
of the screening team shall have any direct or indirect service
provider interest in the case. Nothing in this section shall be
construed as requiring the screening team meeting to be separate
from the service planning meeting.

Sec. 3.

Minnesota Statutes 2004, section 256B.092,
subdivision 8, is amended to read:

Subd. 8.

Screening team duties.

The screening team shall:

(a) review diagnostic data;

(b) review health, social, and developmental assessment
data using a uniform screening tool specified by the
commissioner;

(c) identify the level of services appropriate to maintain
the person in the most normal and least restrictive setting that
is consistent with the person's treatment needs;

(d) identify other noninstitutional public assistance or
social service that may prevent or delay long-term residential
placement;

(e) assess whether a person is in need of long-term
residential care;

(f) make recommendations regarding placement and payment
for: (1) social service or public assistance support, or both,
to maintain a person in the person's own home or other place of
residence; (2) training and habilitation service, vocational
rehabilitation, and employment training activities; (3)
community residential placement; (4) regional treatment center
placement; or (5) a home and community-based service alternative
to community residential placement or regional treatment center
placement;

(g) evaluate the availability, location, and quality of the
services listed in paragraph (f), including the impact of
placement alternatives on the person's ability to maintain or
improve existing patterns of contact and involvement with
parents and other family members;

(h) identify the cost implications of recommendations in
paragraph (f);

(i) make recommendations to a court as may be needed to
assist the court in making decisions regarding commitment of
persons with mental retardation; and

(j) inform the person and the person's legal guardian or
conservator, or the parent if the person is a minor, that appeal
may be made to the commissioner pursuant to section 256.045 new text begin ,
subdivision 4a new text end .