Minnesota Legislature
HF 408
1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 01/29/2007 | |
| 1st Engrossment | Posted on 03/24/2007 |
Current Version - 1st Engrossment
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5.13
A bill for an act
relating to human services; regulating Centers for Independent Living and
establishing provider standards for medical assistance waivers; providing
guidelines for medical assistance reimbursement; amending Minnesota Statutes
2006, sections 256B.0621, subdivision 11; 256B.0911, subdivision 3b; 256B.49,
subdivision 11, by adding a subdivision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2006, section 256B.0621, subdivision 11, is amended to
read:
Subd. 11.
Data use agreement; notice of relocation assistance.
The commissioner
shall deleted text begin execute a data use agreement with the Centers for Medicare and Medicaid Services
to obtain the long-term care minimum data set data to assist residents of nursing facilities
who havedeleted text end new text begin establish a process with the Centers for Independent Living that allows a person
residing in a Minnesota nursing facility to receive needed information, consultation, and
assistance from one of the centers about the available community support options that may
enable the person to relocate to the community, if the person: (1) is under the age of 65,
(2) has new text end indicated a desire to live in the communitydeleted text begin . The commissioner shall in turn enter
into agreements with the Centers for Independent Living to provide information about
assistance for persons who want to move to the community. The commissioner shall work
with the Centers for Independent Living on both the content of the information to be
provided and privacy protections for the individual residentsdeleted text end new text begin , and (3) has signed a release
of information authorized by the person or the person's appointed legal representative.
The process established under this subdivision shall be coordinated with the long-term
care consultation service activities established in section 256B.0911new text end .
Sec. 2.
Minnesota Statutes 2006, section 256B.0911, subdivision 3b, is amended to
read:
Subd. 3b.
Transition assistance.
(a) A long-term care consultation team shall
provide assistance to persons residing in a nursing facility, hospital, regional treatment
center, or intermediate care facility for persons with developmental disabilities who
request or are referred for assistance. Transition assistance must include assessment,
community support plan development, referrals to Minnesota health care programs,
and referrals to programs that provide assistance with housing.new text begin Transition assistance
must also include information about the Centers for Independent Living and about other
organizations that can provide assistance with relocation efforts, and information about
contacting these organizations to obtain their assistance and support.
new text end
(b) The county shall develop transition processes with institutional social workers
and discharge planners to ensure that:
(1) persons admitted to facilities receive information about transition assistance
that is available;
(2) the assessment is completed for persons within ten working days of the date of
request or recommendation for assessment; and
(3) there is a plan for transition and follow-up for the individual's return to the
community. The plan must require notification of other local agencies when a person
who may require assistance is screened by one county for admission to a facility located
in another county.
(c) If a person who is eligible for a Minnesota health care program is admitted to a
nursing facility, the nursing facility must include a consultation team member or the case
manager in the discharge planning process.
Sec. 3.
Minnesota Statutes 2006, section 256B.49, subdivision 11, is amended to read:
Subd. 11.
Authority.
(a) The commissioner is authorized to apply for home and
community-based service waivers, as authorized under section 1915(c) of the Social
Security Act to serve persons under the age of 65 who are determined to require the level
of care provided in a nursing home and persons who require the level of care provided in a
hospital. The commissioner shall apply for the home and community-based waivers in
order to:
(i) promote the support of persons with disabilities in the most integrated settings;
(ii) expand the availability of services for persons who are eligible for medical
assistance;
(iii) promote cost-effective options to institutional care; and
(iv) obtain federal financial participation.
(b) The provision of waivered services to medical assistance recipients with
disabilities shall comply with the requirements outlined in the federally approved
applications for home and community-based services and subsequent amendments,
including provision of services according to a service plan designed to meet the needs of
the individual. For purposes of this section, the approved home and community-based
application is considered the necessary federal requirement.
(c) The commissioner shall provide interested persons serving on agency advisory
committees deleted text begin anddeleted text end new text begin ,new text end task forces, new text begin the Centers for Independent Living, new text end and others deleted text begin upondeleted text end new text begin whonew text end
requestdeleted text begin , withdeleted text end new text begin to be on a list to receive,new text end notice of, and an opportunity to comment on,
new text begin at least 30 days before any effective dates, (1) new text end any new text begin substantive changes to the state's
disability services provider manual, or (2) new text end changes or amendments to the federally
approved applications for home and community-based waivers, prior to their submission
to the federal Centers for Medicare and Medicaid Services.
(d) The commissioner shall seek approval, as authorized under section 1915(c) of
the Social Security Act, to allow medical assistance eligibility under this section for
children under age 21 without deeming of parental income or assets.
(e) The commissioner shall seek approval, as authorized under section 1915(c) of
the Social Act, to allow medical assistance eligibility under this section for individuals
under age 65 without deeming the spouse's income or assets.
Sec. 4.
Minnesota Statutes 2006, section 256B.49, is amended by adding a subdivision
to read:
new text begin Subd. 16a. new text end
new text begin Medical assistance reimbursement. new text end
new text begin
(a) The commissioner shall
seek federal approval for medical assistance reimbursement of independent living skills
services, foster care waiver service, supported employment, prevocational service,
structured day service, and adult day care under the home and community-based waiver
for persons with a traumatic brain injury, the community alternatives for disabled
individuals waivers, and the community alternative care waivers.
new text end
new text begin
(b) Medical reimbursement shall be made only when the provider demonstrates
evidence of its capacity to meet basic health, safety, and protection standards through
one of the methods in paragraphs (c) to (e).
new text end
new text begin
(c) The provider is licensed to provide services under chapter 245B and agrees to
apply these standards to services funded through the traumatic brain injury, community
alternatives for disabled, or community alternative care home and community-based
waivers.
new text end
new text begin
(d) The local agency contracting for the services certifies on a form provided by the
commissioner that the provider has the capacity to meet the individual needs as identified
in each person's individual service plan. When certifying that the service provider meets
the necessary provider qualifications, the local agency shall verify that the provider has
policies and procedures governing the following:
new text end
new text begin
(1) protection of the consumer's rights and privacy;
new text end
new text begin
(2) risk assessment and planning;
new text end
new text begin
(3) record keeping and reporting of incidents and emergencies with documentation
of corrective action if needed;
new text end
new text begin
(4) service outcomes, regular reviews of progress, and periodic reports;
new text end
new text begin
(5) complaint and grievance procedures;
new text end
new text begin
(6) service termination or suspension;
new text end
new text begin
(7) necessary training and supervision of direct care staff that includes:
new text end
new text begin
(i) documentation in personnel files of 20 hours of orientation training in providing
training related to service provision;
new text end
new text begin
(ii) training in recognizing the symptoms and effects of certain disabilities, health
conditions, and positive behavioral supports and interventions; and
new text end
new text begin
(iii) a minimum of five hours of related training annually; and
new text end
new text begin
(8) when applicable, the local agency shall verify that the provider has policies and
procedures in place governing the following:
new text end
new text begin
(i) safe medication administration;
new text end
new text begin
(ii) proper handling of consumer funds; and
new text end
new text begin
(iii) behavioral interventions that are in compliance with prohibitions and standards
developed by the commissioner to meet federal requirements regarding the use of
restraints and restrictive interventions.
new text end
new text begin
(e) For foster care waiver services or independent living skills services, the local
agency contracting for the services certifies on a form provided by the commissioner that
the provider meets the following:
new text end
new text begin
(1) the provider of foster care waiver services is licensed to provide adult foster
care under Minnesota Rules, parts 9555.5105 to 9555.6265, or child foster care under
Minnesota Rules, parts 2960.3000 to 2960.3230;
new text end
new text begin
(2) the provider of independent living skills services also provides licensed foster
care services and agrees to apply the following foster care standards: Minnesota Rules,
parts 9555.5105; 9555.5705, subpart 2; 9555.6167; 9555.6185; 9555.6195; 9555.6225,
subpart 8; 9555.6245; 9555.6255; and 9555.6265, or parts 2960.3010; 2960.3080, subparts
10 and 11; 2960.3210; 2960.3220, subparts 5 to 7; and 2960.3230, for the provision of
those services; and
new text end
new text begin
(3) the provider has policies and procedures applying to the provision of foster
care waiver services or independent living skills services that govern (i) behavioral
interventions that are in compliance with prohibitions and standards developed by the
commissioner to meet federal requirements regarding the use of restraints and restrictive
interventions and (ii) documentation of service needs and outcomes, regular reviews
of progress, and periodic reports.
new text end
new text begin
(f) The local agency shall review each provider's continued compliance with
the basic health, safety, and protection standards on a regular basis. For the review
of paragraph (e), the local agency shall coordinate the review with the county review
of foster care licensure.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end