HF 2849

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/13/2023 10:12am

A bill for an act
relating to human services; establishing a review process for denials of eligibility
for long-term services and supports; proposing coding for new law in Minnesota
Statutes, chapter 256B.

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

Section 1.

new text begin [256B.0909] LONG-TERM SERVICES AND SUPPORTS DECISION
REVIEWS.
new text end

new text begin Subdivision 1. new text end

new text begin Notice of intent to deny, reduce, suspend, or terminate required. new text end

new text begin At
least ten calendar days prior to issuing a written notice of action, a lead agency must provide
in a format accessible to the person or the person's legal representative, if any, a notice of
the lead agency's intent to deny, reduce, suspend, or terminate a person's access to or
eligibility for:
new text end

new text begin (1) home and community-based waiver eligibility, including level of care determinations,
under sections 256B.092 and 256B.49;
new text end

new text begin (2) specific home and community-based services available under sections 256B.092 and
256B.49;
new text end

new text begin (3) consumer-directed community supports;
new text end

new text begin (4) the following state plan services:
new text end

new text begin (i) personal care assistance services under section 256B.0625, subdivisions 19a and 19c;
new text end

new text begin (ii) consumer support grants under section 256.476; or
new text end

new text begin (iii) community first services and supports under section 256B.85;
new text end

new text begin (5) semi-independent living services under section 252.275;
new text end

new text begin (6) relocation targeted case management services available under section 256B.0621,
subdivision 2, clause (4);
new text end

new text begin (7) case management services targeted to vulnerable adults or people with developmental
disabilities under section 256B.0924;
new text end

new text begin (8) case management services targeted to people with developmental disabilities under
Minnesota Rules, part 9525.0016; and
new text end

new text begin (9) necessary diagnostic information to gain access to or determine eligibility for services
specified under clauses (5) to (8).
new text end

new text begin Subd. 2. new text end

new text begin Opportunity to respond required. new text end

new text begin A lead agency must provide the person or
the person's legal representative, if any, the opportunity to respond to the agency's intent to
deny, reduce, suspend, or terminate eligibility or access to the services described in
subdivision 1. A lead agency must provide the person or the person's legal representative,
if any, ten days to respond. If the person or the person's legal representative, if any, elects
to respond, the agency must contact the person or the person's legal representative, if any,
and initiate a decision review.
new text end

new text begin Subd. 3. new text end

new text begin Decision review. new text end

new text begin (a) A lead agency must initiate a decision review for any
person who responds under subdivision 2.
new text end

new text begin (b) If a timely request for a decision review is received, the lead agency must schedule
the conference within five days of the request. The lead agency must conduct the decision
review in a manner that allows for an opportunity for interactive communication between
the person or the person's legal representative, if any, and a representative of the lead agency
who has specific knowledge of the proposed decision and the basis for the decision. The
interactive communication must be in a format that is accessible to the person, and may
include a telephone call, written exchange, in-person meeting, or other format as chosen by
the person or the person's legal representative, if any.
new text end

new text begin (c) During the decision review, the representative of the lead agency must provide a
thorough explanation of the lead agency's intent to deny, reduce, suspend, or terminate
eligibility or access to the services described in subdivision 1 and provide the person or the
person's legal representative, if any, an opportunity to ask questions about the decision. If
the lead agency's explanation of the decision is based on a misunderstanding of the person's
circumstances, incomplete information, missing documentation, or similar missing or
inaccurate information, the lead agency must provide the person or the person's legal
representative, if any, an opportunity to provide clarifying or additional information.
new text end

new text begin (d) A person with a representative is not required to participate in the decision review.
A person may also elect to have someone of the person's choosing participate in the decision
review.
new text end

new text begin Subd. 4. new text end

new text begin Continuation of services. new text end

new text begin During the decision review and until the lead agency
issues a written notice of action to deny, reduce, suspend, or terminate the eligibility or
access, the person must continue to receive covered services.
new text end

new text begin Subd. 5. new text end

new text begin Notice of action. new text end

new text begin Following a decision review, a lead agency may issue a notice
of action to deny, reduce, suspend, or terminate the eligibility or access after considering
the discussions and information provided during the decision review. The notice shall
incorporate additional information and relevant facts from the decision review. The notice,
written in English, must include the Department of Human Services language block. The
notice must be mailed to the person and the person's legal representative, if any.
new text end

new text begin Subd. 6. new text end

new text begin Appeal rights. new text end

new text begin Nothing in this section shall be construed to affect a person's
appeal rights under section 256.045.
new text end