SF 3968

as introduced - 91st Legislature (2019 - 2020) Posted on 03/05/2020 09:18am

A bill for an act
relating to human services; community-based services for individuals with complex
behavioral needs; modifying service termination provisions; amending Minnesota
Statutes 2018, section 245D.10, subdivision 3a.

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

Section 1.

Minnesota Statutes 2018, section 245D.10, subdivision 3a, is amended to read:

Subd. 3a.

Service termination.

(a) The license holder must establish policies and
procedures for service termination that promote continuity of care and service coordination
with the person and the case manager and with other licensed caregivers, if any, who also
provide support to the person. The policy must include the requirements specified in
paragraphs (b) to (f).

(b) The license holder must permit each person to remain in the program and must not
terminate services unless:

(1) the termination is necessary for the person's welfare and the new text begin facility cannot meet the new text end
person's needs deleted text begin cannot be met in the facility deleted text end ;

(2) the safety of the person or others in the program is endangered and positive support
strategies were attempted and have not achieved and effectively maintained safety for the
person or others;

(3) the health of the person or others in the program would otherwise be endangered;

(4) the program has not been paid for services;

(5) the program ceases to operate; deleted text begin or
deleted text end

(6) the person has been terminated by the lead agency from waiver eligibility deleted text begin . deleted text end new text begin ; or
new text end

new text begin (7) for state-operated community-based services, the person no longer demonstrates
complex behavioral needs that cannot be met by private community-based providers
identified in section 252.50, subdivision 5, paragraph (a), clause (1).
new text end

(c) Prior to giving notice of service termination, the license holder must document actions
taken to minimize or eliminate the need for termination. Action taken by the license holder
must include, at a minimum:

(1) consultation with the person's support team or expanded support team to identify
and resolve issues leading to issuance of the new text begin termination new text end notice; deleted text begin and
deleted text end

(2) a request to the case manager for intervention services identified in section 245D.03,
subdivision 1, paragraph (c), clause (1), or other professional consultation or intervention
services to support the person in the program. This requirement does not apply to notices
of service termination issued under paragraph (b), deleted text begin clause (4). deleted text end new text begin clauses (4) and (7); and
new text end

new text begin (3) consultation with the person's support team or expanded support team to identify
that the person no longer demonstrates complex behavioral needs that cannot be met by
private community-based providers identified in section 252.50, subdivision 5, paragraph
(a), clause (1).
new text end

If, based on the best interests of the person, the circumstances at the time of the notice were
such that the license holder was unable to take the action specified in clauses (1) and (2),
the license holder must document the specific circumstances and the reason for being unable
to do so.

(d) The notice of service termination must meet the following requirements:

(1) the license holder must notify the person or the person's legal representative and the
case manager in writing of the intended service termination. If the service termination is
from residential supports and services as defined in section 245D.03, subdivision 1, paragraph
(c), clause (3), the license holder must also notify the commissioner in writing; and

(2) the notice must include:

(i) the reason for the action;

(ii) except for a service termination under paragraph (b), clause (5), a summary of actions
taken to minimize or eliminate the need for service termination or temporary service
suspension as required under paragraph (c), and why these measures failed to prevent the
termination or suspension;

(iii) the person's right to appeal the termination of services under section 256.045,
subdivision 3, paragraph (a); and

(iv) the person's right to seek a temporary order staying the termination of services
according to the procedures in section 256.045, subdivision 4a or 6, paragraph (c).

(e) Notice of the proposed termination of service, including those situations that began
with a temporary service suspension, must be given at least 60 days prior to termination
when a license holder is providing intensive supports and services identified in section
245D.03, subdivision 1, paragraph (c), new text begin 90 days prior to termination of services under section
245D.10, subdivision 3a, paragraph (b), clause (7), new text end and 30 days prior to termination for all
other services licensed under this chapter. This notice may be given in conjunction with a
notice of temporary service suspension under subdivision 3.

(f) During the service termination notice period, the license holder must:

(1) work with the support team or expanded support team to develop reasonable
alternatives to protect the person and others and to support continuity of care;

(2) provide information requested by the person or case manager; and

(3) maintain information about the service termination, including the written notice of
intended service termination, in the service recipient record.