SF 473

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to human services; regulating Centers for Independent Living; amending
data use agreements; expanding transition assistance; requiring the provision of
certain information; establishing options for approval of independent living skills
services providers; amending Minnesota Statutes 2006, sections 256B.0621,
subdivision 11; 256B.0911, subdivision 3b; 256B.49, subdivisions 11, 16.

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 have deleted 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 community deleted 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 residents deleted 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.0911 new 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 and task forces, new text begin the Centers for Independent Living, new text end and others upon request,
with notice of, and an opportunity to comment on, new text begin (1) new text end any new text begin substantive changes to the
state's disability services provider manual at least 30 days prior to its effective date,
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, subdivision 16, is amended to read:

Subd. 16.

Services and supports.

(a) Services and supports included in the home
and community-based waivers for persons with disabilities shall meet the requirements set
out in United States Code, title 42, section 1396n. The services and supports, which are
offered as alternatives to institutional care, shall promote consumer choice, community
inclusion, self-sufficiency, and self-determination.

(b) Beginning January 1, 2003, the commissioner shall simplify and improve access
to home and community-based waivered services, to the extent possible, through the
establishment of a common service menu that is available to eligible recipients regardless
of age, disability type, or waiver program.

(c) Consumer directed community support services shall be offered as an option to
all persons eligible for services under subdivision 11, by January 1, 2002.

(d) Services and supports shall be arranged and provided consistent with
individualized written plans of care for eligible waiver recipients.

(e) A transitional supports allowance shall be available to all persons under a home
and community-based waiver who are moving from a licensed setting to a community
setting. "Transitional supports allowance" means a onetime payment of up to $3,000, to
cover the costs, not covered by other sources, associated with moving from a licensed
setting to a community setting. Covered costs include:

(1) lease or rent deposits;

(2) security deposits;

(3) utilities set-up costs, including telephone;

(4) essential furnishings and supplies; and

(5) personal supports and transports needed to locate and transition to community
settings.

(f) The state of Minnesota and county agencies that administer home and
community-based waivered services for persons with disabilities, shall not be liable
for damages, injuries, or liabilities sustained through the purchase of supports by the
individual, the individual's family, legal representative, or the authorized representative
with funds received through the consumer-directed community support service under
this section. Liabilities include but are not limited to: workers' compensation liability,
the Federal Insurance Contributions Act (FICA), or the Federal Unemployment Tax Act
(FUTA).

new text begin (g) Upon federal approval, medical assistance reimbursement may be made for
independent living skills services under the home and community-based waiver for
persons with a traumatic brain injury and the community alternatives for disabled
individuals waivers if:
new text end

new text begin (1) the provider is licensed to provide services under chapter 245B; or
new text end

new text begin (2) 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 independent living skills
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 (i) protection of the consumer's rights and privacy;
new text end

new text begin (ii) risk assessment and planning;
new text end

new text begin (iii) record keeping and reporting of incidents and emergencies with documentation
of corrective action if needed;
new text end

new text begin (iv) service outcomes, regular reviews of progress, and periodic reports;
new text end

new text begin (v) complaint and grievance procedures;
new text end

new text begin (vi) service termination or suspension; and
new text end

new text begin (vii) necessary training and supervision of direct care staff that includes:
new text end

new text begin (A) documentation in personnel files of 20 hours of orientation training in providing
training to and assistance with independent living skills service;
new text end

new text begin (B) 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 (C) a minimum of five hours of related training annually; and
new text end

new text begin (3) when applicable, the local agency shall verify that the independent living skills
provider has policies and procedures in place governing the following:
new text end

new text begin (i) medication administration;
new text end

new text begin (ii) proper handling of consumer funds; and
new text end

new text begin (iii) compliance with federal requirements regarding the use of restraints and
restrictive interventions.
new text end