HF 4308

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/13/2024 12:30pm

A bill for an act
relating to human services; modifying provisions governing long-term care options
counseling; amending Minnesota Statutes 2022, section 256.975, subdivision 7e;
repealing Minnesota Statutes 2022, section 256.975, subdivisions 7f, 7g.

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

Section 1.

Minnesota Statutes 2022, section 256.975, subdivision 7e, is amended to read:

Subd. 7e.

Long-term care options counseling deleted text begin for assisted living deleted text end new text begin at critical care
transitions new text end .

(a) The purpose of long-term care options counseling deleted text begin for assisted living deleted text end is to
support persons with current or anticipated long-term care needs in making informed choices
among options that include the most cost-effective and least restrictive settings. deleted text begin Prospective
residents maintain the right to choose assisted living if that option is their preference. deleted text end new text begin
Reaching people before a crisis and during care transitions is important to ensure quality
of care and life, prevent unnecessary hospitalizations and readmissions, reduce the burden
on the health care system, reduce costs, and support personal preferences.
new text end

(b) deleted text begin Licensed assisted living facilities shall inform each prospective resident or the
prospective resident's designated or legal representative of the availability of long-term care
options counseling for assisted living and the need to receive and verify the counseling prior
to signing a contract. Long-term care options counseling for assisted living is provided as
determined by the commissioner of human services. The service is delivered under a
partnership between lead agencies as defined in subdivision 10, paragraph (g), and the Area
Agencies on Aging, and is a point of entry to a combination of telephone-based long-term
care options counseling provided by Senior LinkAge Line and in-person long-term care
consultation provided by lead agencies. The point of entry service must be provided within
five working days of the request of the prospective resident as follows deleted text end new text begin Counseling must be
delivered by Senior LinkAge Line either by telephone or in-person. Counseling must new text end :

deleted text begin (1) the counseling shall be conducted with the prospective resident, or in the alternative,
the resident's designated or legal representative, if:
deleted text end

deleted text begin (i) the resident verbally requests; or
deleted text end

deleted text begin (ii) the assisted living facility has documentation of the designated or legal representative's
authority to enter into a lease or contract on behalf of the prospective resident and accepts
the documentation in good faith;
deleted text end

deleted text begin (2) the counseling shall deleted text end new text begin (1) new text end be performed in a manner that provides objective and complete
information;

deleted text begin (3) the counseling must deleted text end new text begin (2) new text end include a review of the deleted text begin prospective resident's reasons for
considering assisted living services, the prospective resident's deleted text end new text begin person's new text end personal goals, deleted text begin a deleted text end
discussion of the deleted text begin prospective resident's deleted text end new text begin person's new text end immediate and projected long-term care
needs, and alternative community services or settings that may meet the deleted text begin prospective resident's deleted text end new text begin
person's new text end needs; new text begin and
new text end

deleted text begin (4) the prospective resident must be informed of the availability of an in-person visit
from a long-term care consultation team member at no charge to the prospective resident
to assist the prospective resident in assessment and planning to meet the prospective resident's
long-term care needs; and
deleted text end

deleted text begin (5) verification of counseling shall be generated and provided to the prospective resident
by Senior LinkAge Line upon completion of the telephone-based counseling deleted text end new text begin (3) include
the counseling and referral protocols in subdivision 7, paragraph (b), clauses (11) to (13) new text end .

(c) An assisted living facility licensed under chapter 144G deleted text begin shall:
deleted text end

deleted text begin (1) deleted text end new text begin must new text end inform each prospective resident or the prospective resident's designated or
legal representative of the availability of and contact information for new text begin long-term care new text end options
counseling services under this subdivision deleted text begin ; deleted text end new text begin by providing Senior LinkAge Line information
at the facility tour.
new text end

deleted text begin (2) receive a copy of the verification of counseling prior to executing a contract with
the prospective resident; and
deleted text end

deleted text begin (3) retain a copy of the verification of counseling as part of the resident's file.
deleted text end

(d) deleted text begin Emergency admissions to licensed assisted living facilities prior to consultation under
paragraph (b) are permitted according to policies established by the commissioner. deleted text end new text begin Prior to
discharge, hospitals must refer older adults who are at risk of nursing home placement to
the Senior LinkAge Line for long-term care options counseling. Hospitals must make these
referrals using referral protocols and processes developed under subdivision 7.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024.
new text end

Sec. 2. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, section 256.975, subdivisions 7f and 7g, new text end new text begin are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024.
new text end

APPENDIX

Repealed Minnesota Statutes: H4308-1

256.975 MINNESOTA BOARD ON AGING.

Subd. 7f.

Exemptions from long-term care options counseling for assisted living.

Individuals shall be exempt from the requirements outlined in subdivision 7e in the following circumstances:

(1) the individual is seeking a lease-only arrangement in a subsidized housing setting;

(2) the individual has previously received a long-term care consultation assessment under section 256B.0911. In this instance, the assessor who completes the long-term care consultation assessment will issue a verification code and provide it to the individual;

(3) the individual is receiving or is being evaluated for hospice services from a hospice provider licensed under sections 144A.75 to 144A.755; or

(4) the individual has used financial planning services and created a long-term care plan as defined by the commissioner in the 12 months prior to signing a lease or contract with a licensed assisted living facility.

Subd. 7g.

Long-term care options counseling at hospital discharge.

(a) Hospitals shall refer all individuals described in paragraph (b) prior to discharge from an inpatient hospital stay to the Senior LinkAge Line for long-term care options counseling. Hospitals shall make these referrals using referral protocols and processes developed under subdivision 7. The purpose of the counseling is to support persons with current or anticipated long-term care needs in making informed choices among options that include the most cost-effective and least restrictive setting.

(b) The individuals who shall be referred under paragraph (a) include older adults who are at risk of nursing home placement. Protocols for identifying at-risk individuals shall be developed under subdivision 7, paragraph (b), clause (12).

(c) Counseling provided under this subdivision shall meet the requirements for the consultation required under subdivision 7e.