SF 1931

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

A bill for an act
relating to human services; expanding home and community-based long-term
care services for older adults and family caregivers; establishing new grant
programs; establishing a statewide priority to enhance the mobility of older
adults; establishing demonstration projects; requiring a study of elder abuse
prevention programs; requiring a study of service adequacy across long-term
care waivers; requiring a study of access to hospice services; establishing a tax
credit for family caregivers of adults of all ages; appropriating money; amending
Minnesota Statutes 2006, sections 256.975, by adding subdivisions; 256B.0911,
subdivision 3; proposing coding for new law in Minnesota Statutes, chapters
256; 290.

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

Section 1.

Minnesota Statutes 2006, section 256.975, is amended by adding a
subdivision to read:

new text begin Subd. 10. new text end

new text begin Home modification. new text end

new text begin The Minnesota Board on Aging, in cooperation with
the area agencies on aging and local service providers, shall establish a home modification
program for low-to-moderate income adults age 60 and older who do not qualify for
or whose needs cannot be met under the alternative care program, elderly waiver, or
other publicly funded programs. The program shall provide for physical remodeling and
accessibility accommodations of existing single-family dwellings to enable frail older
persons to remain in their current home. The program shall also pay for general repairs
when an accessibility modification makes the repair necessary. The program must deliver
services at the local level, include outreach and education to the target population, and
allow reasonable expenditures for materials and labor. The maximum amount of assistance
provided in any one household shall not exceed $10,000. The board, in consultation
with area agencies on aging and local services providers, shall establish cost-sharing
arrangements for program participants based on a sliding scale.
new text end

Sec. 2.

Minnesota Statutes 2006, section 256.975, is amended by adding a subdivision
to read:

new text begin Subd. 11. new text end

new text begin Volunteer transportation. new text end

new text begin The Minnesota Board on Aging, in
cooperation with the area agencies on aging and local service providers, shall establish a
transportation program for low-to-moderate income adults age 60 and older who do not
qualify for or whose needs cannot be met under other publicly funded programs. Program
services must be delivered at the local level with primary, but not exclusive, emphasis on
volunteer drivers, and shall include escort services for frail and/or cognitively challenged
older adults. The board, in consultation with area agencies on aging and local service
providers, shall establish cost-sharing arrangements for program participants based on a
sliding scale.
new text end

Sec. 3.

Minnesota Statutes 2006, section 256.975, is amended by adding a subdivision
to read:

new text begin Subd. 12. new text end

new text begin Evidence-based caregiver support. new text end

new text begin The Minnesota Board on Aging, in
cooperation with the area agencies on aging and local service providers, shall establish a
caregiver support program for family caregivers of older adults, based on evidence-based
models that extend the family caregiver's ability to provide care, improve the quality of
family care, or reduce caregiver burden. Program services must be targeted to low and
moderate-income caregivers of low and moderate-income adults age 60 and older who
do not qualify for or whose needs cannot be met under other publicly funded programs.
The board, in consultation with area agencies on aging and local service providers, shall
establish cost-sharing arrangements for program participants based on a sliding scale.
new text end

Sec. 4.

new text begin [256.9755] BEST PRACTICES TO ENHANCE MOBILITY.
new text end

new text begin The commissioner shall establish a statewide priority to enhance the mobility of
older adults. The commissioner, in consultation with the commissioner of transportation,
shall gather and disseminate best practices in road and sidewalk design, community
development policy, innovative transportation services, and coordination models, and
research to increase and extend the community mobility of older adults.
new text end

Sec. 5.

Minnesota Statutes 2006, section 256B.0911, subdivision 3, is amended to read:

Subd. 3.

Long-term care consultation team.

(a) A long-term care consultation
team shall be established by the county board of commissioners. Each local consultation
team shall consist of at least one social worker and at least one public health nurse from
their respective county agencies. The board may designate public health or social services
as the lead agency for long-term care consultation services. If a county does not have a
public health nurse available, it may request approval from the commissioner to assign a
county registered nurse with at least one year experience in home care to participate on
the team. Two or more counties may collaborate to establish a joint local consultation
team or teams.

(b) The team is responsible for providing long-term care consultation services to
all persons located in the county who request the services, regardless of eligibility for
Minnesota health care programs.

new text begin (c) For applicants for a credit under section , the team must certify in
accordance with procedures established by the commissioner that the care provided by
the caregiver:
new text end

new text begin (1) qualifies as personal care assistant services under section new text begin 256B.0655, subdivision
2 new text end ;
new text end

new text begin (2) is needed and provided in person on a daily basis; and
new text end

new text begin (3) is appropriate based on the service recipient's needs and is likely to delay or
avoid transferring the person to an out-of-home placement.
new text end

Sec. 6.

new text begin [290.0678] MINNESOTA HOME CARE CREDIT.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin The terms used in this section have the following
meanings unless otherwise provided for by text.
new text end

new text begin Subd. 2. new text end

new text begin Caregiver. new text end

new text begin "Caregiver" means an individual who provides unpaid
assistance on a daily basis that qualifies as personal care assistant services under section
256B.0655, subdivision 2, to a service recipient in either the individual's principal
residence or the service recipient's principal residence.
new text end

new text begin Subd. 3. new text end

new text begin Service recipient. new text end

new text begin "Service recipient" means an individual who:
new text end

new text begin (1) is the spouse, parent, stepparent, sibling, stepsibling, child, stepchild,
grandparent, or stepgrandparent of the taxpayer;
new text end

new text begin (2) does not reside in a setting licensed or registered by the commissioner of health
or human services; and
new text end

new text begin (3) has been screened by a county long-term care consultation team and determined
by that team to be eligible for placement in a nursing home or other long-term care facility.
new text end

new text begin Subd. 4. new text end

new text begin Credit allowed. new text end

new text begin (a) An individual is allowed a credit against the tax
imposed by this chapter equal to $200 for each month during the tax year that the individual
is a caregiver for a service recipient. The maximum credit in a tax year shall be $2,400.
new text end

new text begin (b) The commissioner shall require individuals claiming the credit to certify that the
individual and the service recipient satisfy all the requirements of this section.
new text end

new text begin (c) Only one credit may be claimed for each service recipient in any tax year.
new text end

new text begin (d) For a nonresident or part-year resident, the credit must be allocated based on the
percentage calculated under section 290.06, subdivision 2c, paragraph (e).
new text end

new text begin Subd. 5. new text end

new text begin Credit limitations. new text end

new text begin (a) Eligibility for the credit in subdivision 4 is limited
to persons with total household income, as defined in section 290A.03, subdivision 5,
that does not exceed the maximum household income level eligible for a refund under
section 290A.04, subdivision 2.
new text end

new text begin (b) Eligibility for the credit in subdivision 4 is limited to persons who have been
certified by a long-term care consultation team under section 256B.0911, subdivision 3,
paragraph (c).
new text end

new text begin (c) The credit in subdivision 4 is reduced to $100 for any month in which a
service recipient receives more than four hours per day on average of federal, state, or
county-funded home care services as specified in section 256B.0651, subdivision 2.
new text end

new text begin Subd. 6. new text end

new text begin Credit refundable. new text end

new text begin If the amount of the credit under this section exceeds
the individual's tax liability under this chapter, the commissioner shall refund the excess
amount to the claimant.
new text end

new text begin Subd. 7. new text end

new text begin Caregiver training. new text end

new text begin For each year in which a credit is claimed under this
section, the caregiver must participate in at least eight hours of (1) caregiver training,
education, or counseling, or (2) caregiver support group sessions.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for taxable years beginning after
December 31, 2007.
new text end

Sec. 7. new text begin ELDER ABUSE AND NEGLECT STUDY.
new text end

new text begin The commissioner of human services, in cooperation with the Minnesota Board on
Aging and in conjunction with stakeholders, shall develop a statewide evaluation and
make recommendations for quality improvement to the elder abuse prevention program.
The commissioner shall report to the chairs of the legislative committees with jurisdiction
over health and human services policy and finance on the long-term care ombudsman
program, adult protection common entry point units and adult protection lead agencies.
Lead agencies are counties, Department of Human Services licensing, and the Minnesota
Department of Health Office of Health Facility Complaints. The report shall evaluate and
provide recommendations on the administration of elder abuse prevention plans, adult
protection and long-term care ombudsman services, and the adequacy of service capacity.
The study shall include a statewide survey to collect information to analyze whether
desired outcomes have been achieved for persons receiving adult protection services
or long-term care ombudsman services in community and institutional settings. The
commissioner shall provide a preliminary report by February 15, 2009, and a final report
by December 15, 2009.
new text end

Sec. 8. new text begin ACCESS STUDIES; SERVICE ADEQUACY OF LONG-TERM CARE
WAIVERS.
new text end

new text begin (a) The commissioner of human services shall identify and evaluate issues of service
development, including technical assistance for contract development, business planning,
and licensing requirements; network maintenance, including training, problem resolution,
and coordination; and quality assurance under alternative care and under the long-term
care waiver programs, including elderly waiver, community alternatives for disabled
individuals, community alternative care, traumatic brain injury, and developmental
disabilities or related conditions waiver programs.
new text end

new text begin (b) Evaluation elements shall include, but are not limited to:
new text end

new text begin (1) current status of and future responsibility for development of additional home
and community-based services to meet the needs of waiver enrollees;
new text end

new text begin (2) current status of and future responsibility for maintenance of the home and
community-based service provider network;
new text end

new text begin (3) current status of and future responsibility for strategies to assure quality of care
provided by home and community-based service providers; and
new text end

new text begin (4) source and adequacy of funding for clauses (1) to (3).
new text end

new text begin (c) The commissioner shall establish an advisory group of consumers, managed care
organizations, county agencies, centers for independent living, area agencies on aging,
service providers, and other stakeholders. The commissioner shall submit the evaluation
report and recommendations to the legislature by January 15, 2009.
new text end

Sec. 9. new text begin HOSPICE SERVICES.
new text end

new text begin (a) The commissioner of health, in consultation with the commissioner of human
services and a stakeholder group established by the commissioner of health, shall identify
and evaluate the barriers that limit access by persons of all ages to Medicare-certified
hospice services. The evaluation shall include, but is not limited to:
new text end

new text begin (1) coverage of services by private and publicly funded health plan companies;
new text end

new text begin (2) urban/rural factors; and
new text end

new text begin (3) issues of cultural appropriateness and cultural competency.
new text end

new text begin (b) The commissioner shall submit the evaluation report to the legislature by January
15, 2009, with the commissioner of human services' comments and recommendations,
including, but not limited to, recommendations on funding issues related to training and
development costs to serve unserved or underserved populations, inclusion of hospice
services in the benefit sets of private and publicly funded health plan companies, and
coverage of hospice services for persons who are uninsured.
new text end

Sec. 10. new text begin PILOT MOBILITY CENTER.
new text end

new text begin The commissioner of human services shall conduct a competitive selection process
to establish a pilot mobility center in a region or community to support older drivers and
assist with transition to nonauto travel, and offer education, assessment, driver retraining,
and transit travel training.
new text end

Sec. 11. new text begin BUDGET REQUEST; AGING AND ADULT SERVICES GRANTS.
new text end

new text begin The commissioner of human services shall include in each biennial budget,
beginning with the budget for the biennium beginning July 1, 2009, an estimate of the
cost of providing funding increases for aging and adult services grants that are necessary
to meet the service needs of older adults and family caregivers based on the increase in
number of Minnesotans age 75 and older.
new text end

Sec. 12. new text begin APPROPRIATIONS.
new text end

new text begin (a) $....... is appropriated from the general fund to the commissioner of human
services for the fiscal year beginning July 1, 2008, for the following purposes:
new text end

new text begin (1) $....... for the home modification program authorized by Minnesota Statutes,
section 256.975, subdivision 10;
new text end

new text begin (2) $....... for the volunteer transportation program authorized by Minnesota Statutes,
section 256.975, subdivision 11;
new text end

new text begin (3) $....... for the caregiver support program authorized by Minnesota Statutes,
section 256.975, subdivision 12;
new text end

new text begin (4) $....... for an innovation specialist responsible for seeking and disseminating
best practice and innovative models related to the new services and programs authorized
by this act;
new text end

new text begin (5) $....... for the elder abuse and neglect study under section 7;
new text end

new text begin (6) $....... for the evaluation of service development of long-term care waiver
services under section 8;
new text end

new text begin (7) $....... for the evaluation of hospice services under section 9; and
new text end

new text begin (8) $....... for the pilot mobility center under section 10 and the enhancement of best
practices to enhance mobility under Minnesota Statutes, section 256.9755.
new text end

new text begin (b) $....... is appropriated from the general fund to the commissioner of revenue for
the fiscal year biennium beginning July 1, 2008, to provide tax credits under Minnesota
Statutes, section 290.0678.
new text end