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SF 2080

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Engrossment

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A bill for an act
relating to human services; implementing long-term care service options;
requiring an investment study and report on core county long-term care
functions; appropriating money; proposing coding for new law in Minnesota
Statutes, chapter 256B.

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

Section 1.

new text begin [256B.096] LONG-TERM CARE SERVICE OPTIONS.
new text end

new text begin (a) To guarantee a high-quality long-term care system, the commissioner shall ensure
that the system meets the following objectives: the system must be sustainable and support
self-determination; it must provide services that meet consumers' needs and preferences;
it must provide high-quality care; and it must ensure efficiency and affordability.
new text end

new text begin (b) The system must ensure a range of options, including nursing facilities, housing
with services, and home and community-based services and support that include, but
are not limited to, the following:
new text end

new text begin (1) home health care services;
new text end

new text begin (2) living at home/block nurse programs;
new text end

new text begin (3) meals and nutrition services;
new text end

new text begin (4) chore, homemaker, transportation, assisted living programs, senior
companionship, respite, and other caregiver support services;
new text end

new text begin (5) adult day services;
new text end

new text begin (6) technology facilitated care;
new text end

new text begin (7) end-of-life care; and
new text end

new text begin (8) care coordination.
new text end

new text begin (c) The system must be cost-effective and provide incentives for lower-cost quality
options, fair compensation for services delivered, appropriate use of trained community
volunteers, and flexible funding streams, such as the alternative care, elderly waiver,
Medicaid, and aging grants programs.
new text end

new text begin (d) The system must support high-quality services that meet contemporary standards,
achieve positive outcomes, and are provided by a sufficient number of trained, competent
staff.
new text end

new text begin (e) The system must incorporate policies, including incentives, to ensure the least
restrictive alternative for each service recipient in order to minimize disruption to an older
person's life while meeting the person's care needs.
new text end

new text begin (f) The system must minimize premature use of nursing facilities and support
diversions from nursing facilities to the community when feasible.
new text end

new text begin (g) The system must support elder-friendly communities with family, government,
faith communities, businesses, and other sectors working together to support vital aging
and long-term care at home.
new text end

new text begin (h) The system must strengthen informal care networks that include family, friends,
volunteers, and other community resources.
new text end

Sec. 2. new text begin LONG-TERM CARE INVESTMENT STUDY AND REBALANCING
GOALS DEVELOPMENT.
new text end

new text begin (a) By February 15, 2007, the commissioner of human services, in consultation with
the commissioner of health, shall report to the legislature:
new text end

new text begin (1) the results of the investment study conducted under paragraphs (b) to (f); and
new text end

new text begin (2) the balancing goals developed under paragraphs (g) and (h).
new text end

new text begin (b) The investment study shall include recommendations for a rebalanced allocation
of public funding between nursing facility services and home and community-based
services. The recommendations may include variations based on population density or
other factors. The study shall also recommend a standard set of core services, utilizing
culturally appropriate social models in an elder-friendly environment, to be reasonably
accessible to older persons and family caregivers, irrespective of their community of
residence.
new text end

new text begin (c) The investment study must:
new text end

new text begin (1) include proposals to implement the recommendations related to age-friendly
communities and family caregiving in the 2005 report on financing long-term care for
Minnesota baby boomers;
new text end

new text begin (2) gather and report community level and other data about the specific needs of
older persons and of family caregivers of frail older persons within the existing long-term
care system;
new text end

new text begin (3) determine the efficacy and efficiency of existing services and service models
within varying economic, demographic, and social groups at the community level; and
new text end

new text begin (4) quantify the costs and benefits of existing services and service models,
specifically including home and community-based services for older persons, their family
caregivers, communities, and the state.
new text end

new text begin (d) The study shall be conducted in five Minnesota communities, including three in
greater Minnesota, one of which must be conducted in a city of the first or second class, and
two in the seven-county metropolitan area. The study must include one greater Minnesota
community and one metropolitan community with a significant minority population.
new text end

new text begin (e) The study shall be conducted utilizing a community engagement process and a
community planning advisory group in each community. A majority of the group members
in each community must be community leaders age 65 and older, family caregivers of
persons age 65 and older, and caregivers of persons age 85 and older. Each advisory group
must also include representatives of counties; cities; health plans; nonprofit and for-profit
health and social services providers; area agencies on aging; minority organizations;
housing, transportation, community development, and economic development agencies;
and the local business community.
new text end

new text begin (f) The study process shall include interviews, focus groups, opinion surveys, and
other methods to obtain direct input from community members. The study shall also
incorporate:
new text end

new text begin (1) existing, relevant local community and state agency data;
new text end

new text begin (2) other relevant data used in population models; and
new text end

new text begin (3) individual case studies, including those of family caregivers of frail older persons.
new text end

new text begin (g) The goals development report shall include recommended allocation goals for
long-term care spending that reflect an increasing reliance on home and community-based
services. The allocation goals shall:
new text end

new text begin (1) incorporate the findings and recommendations of the investment study described
in paragraphs (b) to (f); and
new text end

new text begin (2) include a plan and timeline to achieve rebalancing goals by state fiscal year 2011,
with progress measures, including specific allocations percentages, specified for each
fiscal year beginning in fiscal year 2008.
new text end

new text begin (h) The 2007 report shall include data for fiscal year 2006 on state spending for
nursing facility care and home and community-based services, including numbers of
recipients, through medical assistance, the Older Americans Act, the elderly waiver, the
alternative care program, state aging grants, and other funds administered by the state that
pay for long-term care services for older Minnesotans.
new text end

new text begin (i) The commissioner shall select a contractor by August 15, 2006, to conduct the
study.
new text end

Sec. 3. new text begin LIST OF COUNTY LONG-TERM CARE FUNCTIONS.
new text end

new text begin The commissioner of human services, in consultation with county organizations,
shall develop and report to the legislature by February 15, 2007, a list of core county
long-term care functions, the estimated future costs to counties to perform these functions,
and an analysis of possible funding sources for these costs.
new text end

Sec. 4. new text begin APPROPRIATION.
new text end

new text begin $250,000 is appropriated from the general fund for the fiscal year ending June 30,
2007, to the commissioner of human services to hire a contractor to conduct the long-term
care investment study under section 2.
new text end