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HF 1851

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/08/2023 11:13am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to human services; renaming community services development program
as live well at home grants; establishing projects and grants; extending live well
at home grants; appropriating money; amending Minnesota Statutes 2022, sections
256.9754; 256B.0917, subdivision 1b; repealing Minnesota Statutes 2022, section
256B.0917, subdivisions 1a, 6, 7a, 13.

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

Section 1.

Minnesota Statutes 2022, section 256.9754, is amended to read:


256.9754 deleted text begin COMMUNITY SERVICES DEVELOPMENTdeleted text end new text begin LIVE WELL AT HOMEnew text end
GRANTS deleted text begin PROGRAMdeleted text end .

Subdivision 1.

Definitions.

For purposes of this section, the following terms have the
meanings given.

(a) "Community" means a town, township, city, or targeted neighborhood within a city,
or a consortium of towns, townships, cities, or targeted neighborhoods within cities.

new text begin (b) "Core home and community-based services provider" means a Faith in Action, Living
at Home/Block Nurse, congregational nurse, or similar community-based program governed
by a board, the majority of whose members reside within the program's service area, that
organizes and uses volunteers and paid staff to deliver nonmedical services intended to
assist older adults to identify and manage risks and to maintain their community living and
integration in the community.
new text end

new text begin (c) "Long-term services and supports" means any service available under the elderly
waiver program or alternative care grant programs, nursing facility services, transportation
services, caregiver support and respite care services, and other home and community-based
services identified as necessary either to maintain lifestyle choices for older adults or to
support them to remain in their own home.
new text end

deleted text begin (b)deleted text end new text begin (d)new text end "Older adult services" means any services available under the elderly waiver
program or alternative care grant programs; nursing facility services; transportation services;
respite services; and other community-based services identified as necessary either to
maintain lifestyle choices for older Minnesotans, or to promote independence.

deleted text begin (c)deleted text end new text begin (e)new text end "Older adult" refers to individuals 65 years of age and older.

Subd. 2.

Creationnew text begin ; purposenew text end .

new text begin (a) new text end The deleted text begin community services developmentdeleted text end new text begin live well at homenew text end
grants deleted text begin program isdeleted text end new text begin arenew text end created under the administration of the commissioner of human
services.

new text begin (b) The purpose of projects selected by the commissioner of human services under this
section is to make strategic changes in the long-term services and supports system for older
adults and people with dementia, including statewide capacity for local service development
and technical assistance, and statewide availability of home and community-based services
for older adult services, caregiver support and respite care services, and other supports in
the state of Minnesota. These projects are intended to create incentives for new and expanded
home and community-based services in Minnesota in order to:
new text end

new text begin (1) reach older adults early in the progression of their need for long-term services and
supports, providing them with low-cost, high-impact services that will prevent or delay the
use of more costly services;
new text end

new text begin (2) support older adults to live in the most integrated, least restrictive community setting;
new text end

new text begin (3) support the informal caregivers of older adults;
new text end

new text begin (4) develop and implement strategies to integrate long-term services and supports with
health care services, in order to improve the quality of care and enhance the quality of life
of older adults and their informal caregivers;
new text end

new text begin (5) ensure cost-effective use of financial and human resources;
new text end

new text begin (6) build community-based approaches and community commitment to delivering
long-term services and supports for older adults in their own homes;
new text end

new text begin (7) achieve a broad awareness and use of lower-cost in-home services as an alternative
to nursing homes and other residential services;
new text end

new text begin (8) strengthen and develop additional home and community-based services and
alternatives to nursing homes and other residential services; and
new text end

new text begin (9) strengthen programs that use volunteers.
new text end

new text begin (c) The services provided by these projects are available to older adults who are eligible
for medical assistance and the elderly waiver under chapter 256S, the alternative care
program under section 256B.0913, or the essential community supports grant under section
256B.0922, and to persons who have their own funds to pay for services.
new text end

Subd. 3.

deleted text begin Provision ofdeleted text end new text begin Community services developmentnew text end grants.

The commissioner
shall makenew text begin community services developmentnew text end grants available to communities, providers of
older adult services deleted text begin identified in subdivision 1deleted text end , or to a consortium of providers of older
adult services, to establish older adult services. Grants may be provided for capital and other
costs including, but not limited to, start-up and training costs, equipment, and supplies
related to older adult services or other residential or service alternatives to nursing facility
care. Grants may also be made to renovate current buildings, provide transportation services,
fund programs that would allow older adults or individuals with a disability to stay in their
own homes by sharing a home, fund programs that coordinate and manage formal and
informal services to older adults in their homes to enable them to live as independently as
possible in their own homes as an alternative to nursing home care, or expand state-funded
programs in the area.

Subd. 3a.

Priority for other grants.

The commissioner of health shall give priority to
a grantee selected under subdivision 3 when awarding technology-related grants, if the
grantee is using technology as part of the proposal unless that priority conflicts with existing
state or federal guidance related to grant awards by the Department of Health. The
commissioner of transportation shall give priority to a grantee under subdivision 3 when
distributing transportation-related funds to create transportation options for older adults
unless that preference conflicts with existing state or federal guidance related to grant awards
by the Department of Transportation.

Subd. 3b.

State waivers.

The commissioner of health may waive applicable state laws
and rulesnew text begin for grantees under subdivision 3new text end on a time-limited basis if the commissioner of
health determines that a participating grantee requires a waiver in order to achieve
demonstration project goals.

new text begin Subd. 3c. new text end

new text begin Caregiver support and respite care projects. new text end

new text begin (a) The commissioner shall
establish projects to expand the availability of caregiver support and respite care services
for family and other caregivers. The commissioner shall use a request for proposals to select
nonprofit entities to administer the projects. Projects must:
new text end

new text begin (1) establish a local coordinated network of volunteer and paid respite workers;
new text end

new text begin (2) coordinate assignment of respite care services to caregivers of older adults;
new text end

new text begin (3) assure the health and safety of the older adults;
new text end

new text begin (4) identify at-risk caregivers;
new text end

new text begin (5) provide information, education, and training for caregivers in the designated
community; and
new text end

new text begin (6) demonstrate the need in the proposed service area, particularly where nursing facility
closures have occurred or are occurring or areas with service needs identified by section
144A.351. Preference must be given for projects that reach underserved populations.
new text end

new text begin (b) Projects must clearly describe:
new text end

new text begin (1) how they will achieve their purpose;
new text end

new text begin (2) the process for recruiting, training, and retraining volunteers; and
new text end

new text begin (3) a plan to promote the project in the designated community, including outreach to
persons needing the services.
new text end

new text begin (c) Money for all projects under this subdivision may be used to:
new text end

new text begin (1) hire a coordinator to develop a coordinated network of volunteer and paid respite
care services and assign workers to clients;
new text end

new text begin (2) recruit and train volunteer providers;
new text end

new text begin (3) provide information, training, and education to caregivers;
new text end

new text begin (4) advertise the availability of the caregiver support and respite care project; and
new text end

new text begin (5) purchase equipment to maintain a system of assigning workers to clients.
new text end

new text begin (d) Volunteer and caregiver training must include resources on how to support an
individual with dementia.
new text end

new text begin (e) Project funds may not be used to supplant existing funding sources.
new text end

new text begin Subd. 3d. new text end

new text begin Core home and community-based services projects. new text end

new text begin The commissioner
shall select and contract with core home and community-based services providers for projects
to provide services and supports to older adults both with and without family and other
informal caregivers using a request for proposals process. Projects must:
new text end

new text begin (1) have a credible public or private nonprofit sponsor providing ongoing financial
support;
new text end

new text begin (2) have a specific, clearly defined geographic service area;
new text end

new text begin (3) use a practice framework designed to identify high-risk older adults and help them
take action to better manage their chronic conditions and maintain their community living;
new text end

new text begin (4) have a team approach to coordination and care, ensuring that the older adult
participants, their families, and the formal and informal providers are all part of planning
and providing services;
new text end

new text begin (5) provide information, support services, homemaking services, counseling, and training
for the older adults and family caregivers;
new text end

new text begin (6) encourage service area or neighborhood residents and local organizations to
collaborate in meeting the needs of older adults in their geographic service areas;
new text end

new text begin (7) recruit, train, and direct the use of volunteers to provide informal services and other
appropriate support to older adults and their caregivers; and
new text end

new text begin (8) provide coordination and management of formal and informal services to older adults
and their families using less expensive alternatives.
new text end

new text begin Subd. 3e. new text end

new text begin Community service grants. new text end

new text begin The commissioner shall award contracts for
grants to public and private nonprofit agencies to establish services that strengthen a
community's ability to provide a system of home and community-based services for elderly
persons. The commissioner shall use a request for proposals process.
new text end

new text begin Subd. 3f. new text end

new text begin Live well at home grants extension. new text end

new text begin (a) A community or organization that
has previously received a grant under subdivision 3c, 3d, or 3e, that funded a project that
has proven to be successful and that is no longer eligible for funding under subdivision 3c,
3d, or 3e, may apply to the commissioner to receive ongoing funding to sustain the project.
new text end

new text begin (b) In order to be eligible for a grant under this subdivision, a grant applicant must:
new text end

new text begin (1) have an operating budget of $300,000 or less;
new text end

new text begin (2) provide home and community-based services that fill a service gap in a designated
geographic area; or
new text end

new text begin (3) be the only provider of essential community services such as chore services,
homemaker services, or transportation in a designated geographic area.
new text end

new text begin (c) The commissioner shall use a request for proposals process and may use a two-year
grant cycle.
new text end

Subd. 4.

Eligibility.

Grants may be awarded only to communities and providers or to a
consortium of providers that have a local match of 50 percent of the costs for the project in
the form of donations, local tax dollars, in-kind donations, fundraising, or other local matches.

Subd. 5.

Grant preference.

The commissioner of human services shall give preference
when awarding grants under this section to areas where nursing facility closures have
occurred or are occurring or areas with service needs identified by section 144A.351. The
commissioner may award grants to the extent grant funds are available and to the extent
applications are approved by the commissioner. Denial of approval of an application in one
year does not preclude submission of an application in a subsequent year. The maximum
grant amount is limited to $750,000.

Sec. 2.

Minnesota Statutes 2022, section 256B.0917, subdivision 1b, is amended to read:


Subd. 1b.

Definitions.

(a) For purposes of this section, the following terms have the
meanings given.

deleted text begin (b) "Community" means a town; township; city; or targeted neighborhood within a city;
or a consortium of towns, townships, cities, or specific neighborhoods within a city.
deleted text end

deleted text begin (c) "Core home and community-based services provider" means a Faith in Action, Living
at Home Block Nurse, Congregational Nurse, or similar community-based program governed
by a board, the majority of whose members reside within the program's service area, that
organizes and uses volunteers and paid staff to deliver nonmedical services intended to
assist older adults to identify and manage risks and to maintain their community living and
integration in the community.
deleted text end

deleted text begin (d)deleted text end new text begin (b)new text end "Eldercare development partnership" means a team of representatives of county
social service and public health agencies, the area agency on aging, local nursing home
providers, local home care providers, and other appropriate home and community-based
providers in the area agency's planning and service area.

deleted text begin (e)deleted text end new text begin (c)new text end "Long-term services and supports" means any service available under the elderly
waiver program or alternative care grant programs, nursing facility services, transportation
services, caregiver support and respite care services, and other home and community-based
services identified as necessary either to maintain lifestyle choices for older adults or to
support them to remain in their own home.

deleted text begin (f)deleted text end new text begin (d)new text end "Older adult" refers to an individual who is 65 years of age or older.

Sec. 3. new text begin APPROPRIATION; LIVE WELL AT HOME GRANTS EXTENSION.
new text end

new text begin $15,000,000 in fiscal year 2024 and $15,000,000 in fiscal year 2025 are appropriated
from the general fund to the commissioner of human services for live well at home extension
grants under Minnesota Statutes, section 256.9754, subdivision 3f.
new text end

Sec. 4. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes shall change the headnote in Minnesota Statutes, section
256B.0917, from "HOME AND COMMUNITY-BASED SERVICES FOR OLDER
ADULTS" to "ELDERCARE DEVELOPMENT PARTNERSHIPS."
new text end

Sec. 5. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, section 256B.0917, subdivisions 1a, 6, 7a, and 13, new text end new text begin are repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: H1851-1

256B.0917 HOME AND COMMUNITY-BASED SERVICES FOR OLDER ADULTS.

Subd. 1a.

Home and community-based services for older adults.

(a) The purpose of projects selected by the commissioner of human services under this section is to make strategic changes in the long-term services and supports system for older adults including statewide capacity for local service development and technical assistance, and statewide availability of home and community-based services for older adult services, caregiver support and respite care services, and other supports in the state of Minnesota. These projects are intended to create incentives for new and expanded home and community-based services in Minnesota in order to:

(1) reach older adults early in the progression of their need for long-term services and supports, providing them with low-cost, high-impact services that will prevent or delay the use of more costly services;

(2) support older adults to live in the most integrated, least restrictive community setting;

(3) support the informal caregivers of older adults;

(4) develop and implement strategies to integrate long-term services and supports with health care services, in order to improve the quality of care and enhance the quality of life of older adults and their informal caregivers;

(5) ensure cost-effective use of financial and human resources;

(6) build community-based approaches and community commitment to delivering long-term services and supports for older adults in their own homes;

(7) achieve a broad awareness and use of lower-cost in-home services as an alternative to nursing homes and other residential services;

(8) strengthen and develop additional home and community-based services and alternatives to nursing homes and other residential services; and

(9) strengthen programs that use volunteers.

(b) The services provided by these projects are available to older adults who are eligible for medical assistance and the elderly waiver under chapter 256S, the alternative care program under section 256B.0913, or essential community supports grant under section 256B.0922, and to persons who have their own funds to pay for services.

Subd. 6.

Caregiver support and respite care projects.

(a) The commissioner shall establish projects to expand the availability of caregiver support and respite care services for family and other caregivers. The commissioner shall use a request for proposals to select nonprofit entities to administer the projects. Projects shall:

(1) establish a local coordinated network of volunteer and paid respite workers;

(2) coordinate assignment of respite care services to caregivers of older adults;

(3) assure the health and safety of the older adults;

(4) identify at-risk caregivers;

(5) provide information, education, and training for caregivers in the designated community; and

(6) demonstrate the need in the proposed service area particularly where nursing facility closures have occurred or are occurring or areas with service needs identified by section 144A.351. Preference must be given for projects that reach underserved populations.

(b) Projects must clearly describe:

(1) how they will achieve their purpose;

(2) the process for recruiting, training, and retraining volunteers; and

(3) a plan to promote the project in the designated community, including outreach to persons needing the services.

(c) Funds for all projects under this subdivision may be used to:

(1) hire a coordinator to develop a coordinated network of volunteer and paid respite care services and assign workers to clients;

(2) recruit and train volunteer providers;

(3) provide information, training, and education to caregivers;

(4) advertise the availability of the caregiver support and respite care project; and

(5) purchase equipment to maintain a system of assigning workers to clients.

(d) Project funds may not be used to supplant existing funding sources.

Subd. 7a.

Core home and community-based services.

The commissioner shall select and contract with core home and community-based services providers for projects to provide services and supports to older adults both with and without family and other informal caregivers using a request for proposals process. Projects must:

(1) have a credible, public, or private nonprofit sponsor providing ongoing financial support;

(2) have a specific, clearly defined geographic service area;

(3) use a practice framework designed to identify high-risk older adults and help them take action to better manage their chronic conditions and maintain their community living;

(4) have a team approach to coordination and care, ensuring that the older adult participants, their families, and the formal and informal providers are all part of planning and providing services;

(5) provide information, support services, homemaking services, counseling, and training for the older adults and family caregivers;

(6) encourage service area or neighborhood residents and local organizations to collaborate in meeting the needs of older adults in their geographic service areas;

(7) recruit, train, and direct the use of volunteers to provide informal services and other appropriate support to older adults and their caregivers; and

(8) provide coordination and management of formal and informal services to older adults and their families using less expensive alternatives.

Subd. 13.

Community service grants.

The commissioner shall award contracts for grants to public and private nonprofit agencies to establish services that strengthen a community's ability to provide a system of home and community-based services for elderly persons. The commissioner shall use a request for proposal process. The commissioner shall give preference when awarding grants under this section to areas where nursing facility closures have occurred or are occurring or to areas with service needs identified under section 144A.351.