1.1 	A bill for an act
1.2 	relating to human services; regulating Centers for Independent Living; amending 
1.3 	data use agreements; expanding transition assistance; requiring the provision of 
1.4 	certain information; establishing options for approval of independent living skills 
1.5 	services providers;amending Minnesota Statutes 2006, sections 256B.0621, 
1.6 	subdivision 11; 256B.0911, subdivision 3b; 256B.49, subdivisions 11, 16.
1.7 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8 	Section 1. Minnesota Statutes 2006, section 256B.0621, subdivision 11, is amended to 
1.9 	read:
1.10 		Subd. 11.Data use agreement; notice of relocation assistance. The commissioner 
1.11 	shall execute a data use agreement with the Centers for Medicare and Medicaid Services 
1.12 	to obtain the long-term care minimum data set data to assist residents of nursing facilities 
1.13 	who have establish a process with the Centers for Independent Living that allows a person 
1.14 	residing in a Minnesota nursing facility to receive needed information, consultation, and 
1.15 	assistance from one of the centers about the available community support options that may 
1.16 	enable the person to relocate to the community, if the person: (1) is under the age of 65, 
1.17 	(2) has indicated a desire to live in the community. The commissioner shall in turn enter 
1.18 	into agreements with the Centers for Independent Living to provide information about 
1.19 	assistance for persons who want to move to the community. The commissioner shall work 
1.20 	with the Centers for Independent Living on both the content of the information to be 
1.21 	provided and privacy protections for the individual residents, and (3) has signed a release 
1.22 	of information authorized by the person or the person's appointed legal representative. 
1.23 	The process established under this subdivision shall be coordinated with the long-term 
1.24 	care consultation service activities established in section 256B.0911.

2.1 	Sec. 2. Minnesota Statutes 2006, section 256B.0911, subdivision 3b, is amended to 
2.2 	read:
2.3 		Subd. 3b.Transition assistance. (a) A long-term care consultation team shall 
2.4 	provide assistance to persons residing in a nursing facility, hospital, regional treatment 
2.5 	center, or intermediate care facility for persons with developmental disabilities who 
2.6 	request or are referred for assistance. Transition assistance must include assessment, 
2.7 	community support plan development, referrals to Minnesota health care programs, 
2.8 	and referrals to programs that provide assistance with housing. Transition assistance 
2.9 	must also include information about the Centers for Independent Living and about other 
2.10 	organizations that can provide assistance with relocation efforts, and information about 
2.11 	contacting these organizations to obtain their assistance and support. 
2.12 	(b) The county shall develop transition processes with institutional social workers 
2.13 	and discharge planners to ensure that:
2.14 	(1) persons admitted to facilities receive information about transition assistance 
2.15 	that is available;
2.16 	(2) the assessment is completed for persons within ten working days of the date of 
2.17 	request or recommendation for assessment; and
2.18 	(3) there is a plan for transition and follow-up for the individual's return to the 
2.19 	community. The plan must require notification of other local agencies when a person 
2.20 	who may require assistance is screened by one county for admission to a facility located 
2.21 	in another county.
2.22 	(c) If a person who is eligible for a Minnesota health care program is admitted to a 
2.23 	nursing facility, the nursing facility must include a consultation team member or the case 
2.24 	manager in the discharge planning process.

2.25 	Sec. 3. Minnesota Statutes 2006, section 256B.49, subdivision 11, is amended to read:
2.26 		Subd. 11.Authority. (a) The commissioner is authorized to apply for home and 
2.27 	community-based service waivers, as authorized under section 1915(c) of the Social 
2.28 	Security Act to serve persons under the age of 65 who are determined to require the level 
2.29 	of care provided in a nursing home and persons who require the level of care provided in a 
2.30 	hospital. The commissioner shall apply for the home and community-based waivers in 
2.31 	order to:
2.32 	(i) promote the support of persons with disabilities in the most integrated settings;
2.33 	(ii) expand the availability of services for persons who are eligible for medical 
2.34 	assistance;
2.35 	(iii) promote cost-effective options to institutional care; and
3.1 	(iv) obtain federal financial participation.
3.2 	(b) The provision of waivered services to medical assistance recipients with 
3.3 	disabilities shall comply with the requirements outlined in the federally approved 
3.4 	applications for home and community-based services and subsequent amendments, 
3.5 	including provision of services according to a service plan designed to meet the needs of 
3.6 	the individual. For purposes of this section, the approved home and community-based 
3.7 	application is considered the necessary federal requirement.
3.8 	(c) The commissioner shall provide interested persons serving on agency advisory 
3.9 	committees and task forces, the Centers for Independent Living, and others upon request, 
3.10 	with notice of, and an opportunity to comment on, (1) any substantive changes to the 
3.11 	state's disability services provider manual at least 30 days prior to its effective date, 
3.12 	or (2) changes or amendments to the federally approved applications for home and 
3.13 	community-based waivers, prior to their submission to the federal Centers for Medicare 
3.14 	and Medicaid Services.
3.15 	(d) The commissioner shall seek approval, as authorized under section 1915(c) of 
3.16 	the Social Security Act, to allow medical assistance eligibility under this section for 
3.17 	children under age 21 without deeming of parental income or assets.
3.18 	(e) The commissioner shall seek approval, as authorized under section 1915(c) of 
3.19 	the Social Act, to allow medical assistance eligibility under this section for individuals 
3.20 	under age 65 without deeming the spouse's income or assets.

3.21 	Sec. 4. Minnesota Statutes 2006, section 256B.49, subdivision 16, is amended to read:
3.22 		Subd. 16.Services and supports. (a) Services and supports included in the home 
3.23 	and community-based waivers for persons with disabilities shall meet the requirements set 
3.24 	out in United States Code, title 42, section 1396n. The services and supports, which are 
3.25 	offered as alternatives to institutional care, shall promote consumer choice, community 
3.26 	inclusion, self-sufficiency, and self-determination.
3.27 	(b) Beginning January 1, 2003, the commissioner shall simplify and improve access 
3.28 	to home and community-based waivered services, to the extent possible, through the 
3.29 	establishment of a common service menu that is available to eligible recipients regardless 
3.30 	of age, disability type, or waiver program.
3.31 	(c) Consumer directed community support services shall be offered as an option to 
3.32 	all persons eligible for services under subdivision 11, by January 1, 2002.
3.33 	(d) Services and supports shall be arranged and provided consistent with 
3.34 	individualized written plans of care for eligible waiver recipients.
4.1 	(e) A transitional supports allowance shall be available to all persons under a home 
4.2 	and community-based waiver who are moving from a licensed setting to a community 
4.3 	setting. "Transitional supports allowance" means a onetime payment of up to $3,000, to 
4.4 	cover the costs, not covered by other sources, associated with moving from a licensed 
4.5 	setting to a community setting. Covered costs include:
4.6 	(1) lease or rent deposits;
4.7 	(2) security deposits;
4.8 	(3) utilities set-up costs, including telephone;
4.9 	(4) essential furnishings and supplies; and
4.10 	(5) personal supports and transports needed to locate and transition to community 
4.11 	settings.
4.12 	(f) The state of Minnesota and county agencies that administer home and 
4.13 	community-based waivered services for persons with disabilities, shall not be liable 
4.14 	for damages, injuries, or liabilities sustained through the purchase of supports by the 
4.15 	individual, the individual's family, legal representative, or the authorized representative 
4.16 	with funds received through the consumer-directed community support service under 
4.17 	this section. Liabilities include but are not limited to: workers' compensation liability, 
4.18 	the Federal Insurance Contributions Act (FICA), or the Federal Unemployment Tax Act 
4.19 	(FUTA).
4.20 	(g) Upon federal approval, medical assistance reimbursement may be made for 
4.21 	independent living skills services under the home and community-based waiver for 
4.22 	persons with a traumatic brain injury and the community alternatives for disabled 
4.23 	individuals waivers if:
4.24 	(1) the provider is licensed to provide services under chapter 245B; or 
4.25 	(2) the local agency contracting for the services certifies on a form provided by the 
4.26 	commissioner that the provider has the capacity to meet the individual needs as identified 
4.27 	in each person's individual service plan. When certifying that the independent living skills 
4.28 	service provider meets the necessary provider qualifications, the local agency shall verify 
4.29 	that the provider has policies and procedures governing the following:
4.30 	(i) protection of the consumer's rights and privacy;
4.31 	(ii) risk assessment and planning;
4.32 	(iii) record keeping and reporting of incidents and emergencies with documentation 
4.33 	of corrective action if needed;
4.34 	(iv) service outcomes, regular reviews of progress, and periodic reports;
4.35 	(v) complaint and grievance procedures;
4.36 	(vi) service termination or suspension; and 
5.1 	(vii) necessary training and supervision of direct care staff that includes:
5.2 	(A) documentation in personnel files of 20 hours of orientation training in providing 
5.3 	training to and assistance with independent living skills service;
5.4 	(B) training in recognizing the symptoms and effects of certain disabilities, health 
5.5 	conditions, and positive behavioral supports and interventions; and 
5.6 	(C) a minimum of five hours of related training annually; and 
5.7 	(3) when applicable, the local agency shall verify that the independent living skills 
5.8 	provider has policies and procedures in place governing the following:
5.9 	(i) medication administration;
5.10 	(ii) proper handling of consumer funds; and 
5.11 	(iii) compliance with federal requirements regarding the use of restraints and 
5.12 	restrictive interventions.