1.1 	A bill for an act
1.2 	relating to human services; expanding home and community-based long-term 
1.3 	care services for older adults and family caregivers; establishing new grant 
1.4 	programs; establishing a statewide priority to enhance the mobility of older 
1.5 	adults; establishing demonstration projects; requiring a study of elder abuse 
1.6 	prevention programs; requiring a study of service adequacy across long-term 
1.7 	care waivers; requiring a study of access to hospice services; establishing a tax 
1.8 	credit for family caregivers of adults of all ages; appropriating money;amending 
1.9 	Minnesota Statutes 2006, sections 256.975, by adding subdivisions; 256B.0911, 
1.10 	subdivision 3; proposing coding for new law in Minnesota Statutes, chapters 
1.11 	256; 290.
1.12 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.13 	Section 1. Minnesota Statutes 2006, section 256.975, is amended by adding a 
1.14 	subdivision to read:
1.15 		Subd. 10.Home modification. The Minnesota Board on Aging, in cooperation with 
1.16 	the area agencies on aging and local service providers, shall establish a home modification 
1.17 	program for low-to-moderate income adults age 60 and older who do not qualify for 
1.18 	or whose needs cannot be met under the alternative care program, elderly waiver, or 
1.19 	other publicly funded programs. The program shall provide for physical remodeling and 
1.20 	accessibility accommodations of existing single-family dwellings to enable frail older 
1.21 	persons to remain in their current home. The program shall also pay for general repairs 
1.22 	when an accessibility modification makes the repair necessary. The program must deliver 
1.23 	services at the local level, include outreach and education to the target population, and 
1.24 	allow reasonable expenditures for materials and labor. The maximum amount of assistance 
1.25 	provided in any one household shall not exceed $10,000. The board, in consultation 
1.26 	with area agencies on aging and local services providers, shall establish cost-sharing 
1.27 	arrangements for program participants based on a sliding scale.

2.1 	Sec. 2. Minnesota Statutes 2006, section 256.975, is amended by adding a subdivision 
2.2 	to read:
2.3 		Subd. 11.Volunteer transportation. The Minnesota Board on Aging, in 
2.4 	cooperation with the area agencies on aging and local service providers, shall establish a 
2.5 	transportation program for low-to-moderate income adults age 60 and older who do not 
2.6 	qualify for or whose needs cannot be met under other publicly funded programs. Program 
2.7 	services must be delivered at the local level with primary, but not exclusive, emphasis on 
2.8 	volunteer drivers, and shall include escort services for frail and/or cognitively challenged 
2.9 	older adults. The board, in consultation with area agencies on aging and local service 
2.10 	providers, shall establish cost-sharing arrangements for program participants based on a 
2.11 	sliding scale.

2.12 	Sec. 3. Minnesota Statutes 2006, section 256.975, is amended by adding a subdivision 
2.13 	to read:
2.14 		Subd. 12.Evidence-based caregiver support. The Minnesota Board on Aging, in 
2.15 	cooperation with the area agencies on aging and local service providers, shall establish a 
2.16 	caregiver support program for family caregivers of older adults, based on evidence-based 
2.17 	models that extend the family caregiver's ability to provide care, improve the quality of 
2.18 	family care, or reduce caregiver burden. Program services must be targeted to low and 
2.19 	moderate-income caregivers of low and moderate-income adults age 60 and older who 
2.20 	do not qualify for or whose needs cannot be met under other publicly funded programs. 
2.21 	The board, in consultation with area agencies on aging and local service providers, shall 
2.22 	establish cost-sharing arrangements for program participants based on a sliding scale.

2.23 	Sec. 4. [256.9755] BEST PRACTICES TO ENHANCE MOBILITY.
2.24 	The commissioner shall establish a statewide priority to enhance the mobility of 
2.25 	older adults. The commissioner, in consultation with the commissioner of transportation, 
2.26 	shall gather and disseminate best practices in road and sidewalk design, community 
2.27 	development policy, innovative transportation services, and coordination models, and 
2.28 	research to increase and extend the community mobility of older adults.

2.29 	Sec. 5. Minnesota Statutes 2006, section 256B.0911, subdivision 3, is amended to read:
2.30 		Subd. 3.Long-term care consultation team. (a) A long-term care consultation 
2.31 	team shall be established by the county board of commissioners. Each local consultation 
2.32 	team shall consist of at least one social worker and at least one public health nurse from 
2.33 	their respective county agencies. The board may designate public health or social services 
3.1 	as the lead agency for long-term care consultation services. If a county does not have a 
3.2 	public health nurse available, it may request approval from the commissioner to assign a 
3.3 	county registered nurse with at least one year experience in home care to participate on 
3.4 	the team. Two or more counties may collaborate to establish a joint local consultation 
3.5 	team or teams.
3.6 	(b) The team is responsible for providing long-term care consultation services to 
3.7 	all persons located in the county who request the services, regardless of eligibility for 
3.8 	Minnesota health care programs.
3.9 	(c) For applicants for a credit under section 290.0678, the team must certify in 
3.10 	accordance with procedures established by the commissioner that the care provided by 
3.11 	the caregiver:
3.12 	(1) qualifies as personal care assistant services under section 256B.0655, subdivision 
3.13 	2;
3.14 	(2) is needed and provided in person on a daily basis; and
3.15 	(3) is appropriate based on the service recipient's needs and is likely to delay or 
3.16 	avoid transferring the person to an out-of-home placement.

3.17 	Sec. 6. [290.0678] MINNESOTA HOME CARE CREDIT.
3.18 		Subdivision 1.Definitions. The terms used in this section have the following 
3.19 	meanings unless otherwise provided for by text.
3.20 		Subd. 2.Caregiver. "Caregiver" means an individual who provides unpaid 
3.21 	assistance on a daily basis that qualifies as personal care assistant services under section 
3.22 	256B.0655, subdivision 2, to a service recipient in either the individual's principal 
3.23 	residence or the service recipient's principal residence.
3.24 		Subd. 3.Service recipient. "Service recipient" means an individual who:
3.25 	(1) is the spouse, parent, stepparent, sibling, stepsibling, child, stepchild, 
3.26 	grandparent, or stepgrandparent of the taxpayer;
3.27 	(2) does not reside in a setting licensed or registered by the commissioner of health 
3.28 	or human services; and 
3.29 	(3) has been screened by a county long-term care consultation team and determined 
3.30 	by that team to be eligible for placement in a nursing home or other long-term care facility.
3.31 		Subd. 4.Credit allowed. (a) An individual is allowed a credit against the tax 
3.32 	imposed by this chapter equal to $200 for each month during the tax year that the individual 
3.33 	is a caregiver for a service recipient.  The maximum credit in a tax year shall be $2,400.
3.34 	(b) The commissioner shall require individuals claiming the credit to certify that the 
3.35 	individual and the service recipient satisfy all the requirements of this section.
4.1 	(c) Only one credit may be claimed for each service recipient in any tax year.
4.2 	(d) For a nonresident or part-year resident, the credit must be allocated based on the 
4.3 	percentage calculated under section 290.06, subdivision 2c, paragraph (e).
4.4 		Subd. 5.Credit limitations. (a) Eligibility for the credit in subdivision 4 is limited 
4.5 	to persons with total household income, as defined in section 290A.03, subdivision 5, 
4.6 	that does not exceed the maximum household income level eligible for a refund under 
4.7 	section 290A.04, subdivision 2.
4.8 	(b) Eligibility for the credit in subdivision 4 is limited to persons who have been 
4.9 	certified by a long-term care consultation team under section 256B.0911, subdivision 3, 
4.10 	paragraph (c).
4.11 	(c) The credit in subdivision 4 is reduced to $100 for any month in which a 
4.12 	service recipient receives more than four hours per day on average of federal, state, or 
4.13 	county-funded home care services as specified in section 256B.0651, subdivision 2.
4.14 		Subd. 6.Credit refundable. If the amount of the credit under this section exceeds 
4.15 	the individual's tax liability under this chapter, the commissioner shall refund the excess 
4.16 	amount to the claimant.
4.17 		Subd. 7.Caregiver training. For each year in which a credit is claimed under this 
4.18 	section, the caregiver must participate in at least eight hours of (1) caregiver training, 
4.19 	education, or counseling, or (2) caregiver support group sessions.

4.20 	EFFECTIVE DATE. This section is effective for taxable years beginning after 
4.21 	December 31, 2007.

4.22 	Sec. 7. ELDER ABUSE AND NEGLECT STUDY.
 4.23 	The commissioner of human services, in cooperation with the Minnesota Board on 
4.24 	Aging and in conjunction with stakeholders, shall develop a statewide evaluation and 
4.25 	make recommendations for quality improvement to the elder abuse prevention program. 
4.26 	The commissioner shall report to the chairs of the legislative committees with jurisdiction 
4.27 	over health and human services policy and finance on the long-term care ombudsman 
4.28 	program, adult protection common entry point units and adult protection lead agencies. 
4.29 	Lead agencies are counties, Department of Human Services licensing, and the Minnesota 
4.30 	Department of Health Office of Health Facility Complaints. The report shall evaluate and 
4.31 	provide recommendations on the administration of elder abuse prevention plans, adult 
4.32 	protection and long-term care ombudsman services, and the adequacy of service capacity. 
4.33 	The study shall include a statewide survey to collect information to analyze whether 
4.34 	desired outcomes have been achieved for persons receiving adult protection services 
4.35 	or long-term care ombudsman services in community and institutional settings. The 
5.1 	commissioner shall provide a preliminary report by February 15, 2009, and a final report 
5.2 	by December 15, 2009.

5.3 	Sec. 8. ACCESS STUDIES; SERVICE ADEQUACY OF LONG-TERM CARE 
5.4 	WAIVERS.
 5.5 	(a) The commissioner of human services shall identify and evaluate issues of service 
5.6 	development, including technical assistance for contract development, business planning, 
5.7 	and licensing requirements; network maintenance, including training, problem resolution, 
5.8 	and coordination; and quality assurance under alternative care and under the long-term 
5.9 	care waiver programs, including elderly waiver, community alternatives for disabled 
5.10 	individuals, community alternative care, traumatic brain injury, and developmental 
5.11 	disabilities or related conditions waiver programs. 
5.12 	(b) Evaluation elements shall include, but are not limited to:
5.13 	(1) current status of and future responsibility for development of additional home 
5.14 	and community-based services to meet the needs of waiver enrollees;
5.15 	(2) current status of and future responsibility for maintenance of the home and 
5.16 	community-based service provider network;
5.17 	(3) current status of and future responsibility for strategies to assure quality of care 
5.18 	provided by home and community-based service providers; and 
5.19 	(4) source and adequacy of funding for clauses (1) to (3).
5.20 	(c) The commissioner shall establish an advisory group of consumers, managed care 
5.21 	organizations, county agencies, centers for independent living, area agencies on aging, 
5.22 	service providers, and other stakeholders. The commissioner shall submit the evaluation 
5.23 	report and recommendations to the legislature by January 15, 2009.

5.24 	Sec. 9. HOSPICE SERVICES.
 5.25 	(a) The commissioner of health, in consultation with the commissioner of human 
5.26 	services and a stakeholder group established by the commissioner of health, shall identify 
5.27 	and evaluate the barriers that limit access by persons of all ages to Medicare-certified 
5.28 	hospice services. The evaluation shall include, but is not limited to:
5.29 	(1) coverage of services by private and publicly funded health plan companies;
5.30 	(2) urban/rural factors; and
5.31 	(3) issues of cultural appropriateness and cultural competency.
5.32 	(b) The commissioner shall submit the evaluation report to the legislature by January 
5.33 	15, 2009, with the commissioner of human services' comments and recommendations, 
5.34 	including, but not limited to, recommendations on funding issues related to training and 
6.1 	development costs to serve unserved or underserved populations, inclusion of hospice 
6.2 	services in the benefit sets of private and publicly funded health plan companies, and 
6.3 	coverage of hospice services for persons who are uninsured.

6.4 	Sec. 10. PILOT MOBILITY CENTER.
 6.5 	The commissioner of human services shall conduct a competitive selection process 
6.6 	to establish a pilot mobility center in a region or community to support older drivers and 
6.7 	assist with transition to nonauto travel, and offer education, assessment, driver retraining, 
6.8 	and transit travel training.

6.9 	Sec. 11. BUDGET REQUEST; AGING AND ADULT SERVICES GRANTS.
 6.10 	The commissioner of human services shall include in each biennial budget, 
6.11 	beginning with the budget for the biennium beginning July 1, 2009, an estimate of the 
6.12 	cost of providing funding increases for aging and adult services grants that are necessary 
6.13 	to meet the service needs of older adults and family caregivers based on the increase in 
6.14 	number of Minnesotans age 75 and older.

6.15 	Sec. 12. APPROPRIATIONS.
 6.16 	(a) $....... is appropriated from the general fund to the commissioner of human 
6.17 	services for the fiscal year beginning July 1, 2008, for the following purposes:
6.18 	(1) $....... for the home modification program authorized by Minnesota Statutes, 
6.19 	section 256.975, subdivision 10;
6.20 	(2) $....... for the volunteer transportation program authorized by Minnesota Statutes, 
6.21 	section 256.975, subdivision 11;
6.22 	(3) $....... for the caregiver support program authorized by Minnesota Statutes, 
6.23 	section 256.975, subdivision 12;
6.24 	(4) $....... for an innovation specialist responsible for seeking and disseminating 
6.25 	best practice and innovative models related to the new services and programs authorized 
6.26 	by this act;
6.27 	(5) $....... for the elder abuse and neglect study under section 7;
6.28 	(6) $....... for the evaluation of service development of long-term care waiver 
6.29 	services under section 8;
6.30 	(7) $....... for the evaluation of hospice services under section 9; and
6.31 	(8) $....... for the pilot mobility center under section 10 and the enhancement of best 
6.32 	practices to enhance mobility under Minnesota Statutes, section 256.9755.
7.1 	(b) $....... is appropriated from the general fund to the commissioner of revenue for 
7.2 	the fiscal year biennium beginning July 1, 2008, to provide tax credits under Minnesota 
7.3 	Statutes, section 290.0678.