SF 4955

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/15/2024 09:29am

A bill for an act
relating to human services; modifying long-term care consultation services;
amending Minnesota Statutes 2022, section 256B.0911, subdivisions 12, 17, 18,
20, 24, 25.

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

Section 1.

Minnesota Statutes 2022, section 256B.0911, subdivision 12, is amended to
read:

Subd. 12.

Exception to use of MnCHOICES assessment; contracted assessors.

deleted text begin (a) deleted text end
A lead agency that has not implemented MnCHOICES assessments and uses contracted
assessors as of January 1, 2022, is not subject to the requirements of subdivisions 11, clauses
(7) to (9); 13; 14, paragraphs (a) to (c); 16 to 21; 23; 24; and 29 to 31.

deleted text begin (b) This subdivision expires upon statewide implementation of MnCHOICES assessments.
The commissioner shall notify the revisor of statutes when statewide implementation has
occurred.
deleted text end

Sec. 2.

Minnesota Statutes 2022, section 256B.0911, subdivision 17, is amended to read:

Subd. 17.

MnCHOICES assessments.

(a) A person requesting long-term care
consultation services must be visited by a long-term care consultation team within 20
deleted text begin calendar deleted text end new text begin working new text end days after the date on which an assessment was requested or recommended.
Assessments must be conducted according to this subdivision and subdivisions 19 to 21,
23, 24, and 29 to 31.

(b) Lead agencies shall use certified assessors to conduct the assessment.

(c) For a person with complex health care needs, a public health or registered nurse from
the team must be consulted.

(d) The lead agency must use the MnCHOICES assessment provided by the commissioner
to complete a comprehensive, conversation-based, person-centered assessment. The
assessment must include the health, psychological, functional, environmental, and social
needs of the individual necessary to develop a person-centered assessment summary that
meets the individual's needs and preferences.

(e) Except as provided in subdivision 24, an assessment must be conducted by a certified
assessor in an in-person conversational interview with the person being assessed.

Sec. 3.

Minnesota Statutes 2022, section 256B.0911, subdivision 18, is amended to read:

Subd. 18.

Exception to use of MnCHOICES assessments; long-term care consultation
team visit; notice.

deleted text begin (a) Until statewide implementation of MnCHOICES assessments, deleted text end The
requirement under subdivision 17, paragraph (a), does not apply to an assessment of a person
requesting personal care assistance services new text begin or community first services and supports new text end . deleted text begin The
commissioner shall provide at least a 90-day notice to lead agencies prior to the effective
date of statewide implementation.
deleted text end

deleted text begin (b) This subdivision expires upon statewide implementation of MnCHOICES assessments.
The commissioner shall notify the revisor of statutes when statewide implementation has
occurred.
deleted text end

Sec. 4.

Minnesota Statutes 2022, section 256B.0911, subdivision 20, is amended to read:

Subd. 20.

MnCHOICES assessments; duration of validity.

deleted text begin (a) deleted text end An assessment that is
completed as part of an eligibility determination for multiple programs for the alternative
care, elderly waiver, developmental disabilities, community access for disability inclusion,
community alternative care, and brain injury waiver programs under chapter 256S and
sections 256B.0913, 256B.092, and 256B.49 is valid to establish service eligibility for no
more than deleted text begin 60 deleted text end new text begin 365 new text end calendar days after the date of the assessment.

deleted text begin (b) The effective eligibility start date for programs in paragraph (a) can never be prior
to the date of assessment. If an assessment was completed more than 60 days before the
effective waiver or alternative care program eligibility start date, assessment and support
plan information must be updated and documented in the department's Medicaid Management
Information System (MMIS). Notwithstanding retroactive medical assistance coverage of
state plan services, the effective date of eligibility for programs included in paragraph (a)
cannot be prior to the completion date of the most recent updated assessment.
deleted text end

deleted text begin (c) If an eligibility update is completed within 90 days of the previous assessment and
documented in the department's Medicaid Management Information System (MMIS), the
effective date of eligibility for programs included in paragraph (a) is the date of the previous
in-person assessment when all other eligibility requirements are met.
deleted text end

Sec. 5.

Minnesota Statutes 2022, section 256B.0911, subdivision 24, is amended to read:

Subd. 24.

Remote reassessments.

(a) Assessments performed according to subdivisions
17 to 20 and 23 must be in person unless the assessment is a reassessment meeting the
requirements of this subdivision. Remote reassessments conducted by interactive video or
telephone may substitute for in-person reassessments.

deleted text begin (b) For services provided by the developmental disabilities waiver under section
256B.092, and the community access for disability inclusion, community alternative care,
and brain injury waiver programs under section 256B.49, remote reassessments may be
substituted for two consecutive reassessments if followed by an in-person reassessment.
deleted text end

deleted text begin (c) For services provided by alternative care under section 256B.0913, essential
community supports under section 256B.0922, and the elderly waiver under chapter 256S,
remote reassessments may be substituted for one reassessment if followed by an in-person
reassessment.
deleted text end

deleted text begin (d) deleted text end new text begin (b) new text end A remote reassessment is permitted only if the lead agency provides informed
choice and the person being reassessed or the person's legal representative provides informed
consent for a remote assessment. Lead agencies must document that informed choice was
offered.

deleted text begin (e) deleted text end new text begin (c) new text end The person being reassessed, or the person's legal representative, may refuse a
remote reassessment at any time.

deleted text begin (f) deleted text end new text begin (d) new text end During a remote reassessment, if the certified assessor determines an in-person
reassessment is necessary in order to complete the assessment, the lead agency shall schedule
an in-person reassessment.

deleted text begin (g) deleted text end new text begin (e) new text end All other requirements of an in-person reassessment apply to a remote
reassessment, including updates to a person's support plan.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025, or upon federal approval,
whichever occurs later. The commissioner of human services shall notify the revisor of
statutes when federal approval is obtained.
new text end

Sec. 6.

Minnesota Statutes 2022, section 256B.0911, subdivision 25, is amended to read:

Subd. 25.

Reassessments for Rule 185 case management new text begin and waiver services new text end .

new text begin (a)
new text end Unless otherwise required by federal law, the county agency is not required to conduct or
arrange for an annual needs reassessment by a certified assessor for people receiving Rule
185 case management under Minnesota Rules, part 9525.0016. The case manager who
works on behalf of the person to identify the person's needs and to minimize the impact of
the disability on the person's life must instead develop a person-centered service plan based
on the person's assessed needs and preferences. The person-centered service plan must be
reviewed annually for persons with developmental disabilities who are receiving only case
management services under Minnesota Rules, part 9525.0016, and who make an informed
choice to decline an assessment under this section.

new text begin (b) Unless otherwise required by federal law, the county agency is not required to conduct
or arrange for an annual needs reassessment by a certified assessor for people with no
significant changes in function or needs who are receiving the following services:
new text end

new text begin (1) alternative care services under section 256B.0913;
new text end

new text begin (2) developmental disability waiver services under section 256B.092;
new text end

new text begin (3) essential community supports under section 256B.0922;
new text end

new text begin (4) community access for disability inclusion, community alternative care, and brain
injury waiver services under section 256B.49; and
new text end

new text begin (5) elderly waiver services under chapter 256S.
new text end

new text begin (c) The county agency shall conduct or arrange for a needs reassessment for persons
described in paragraph (b) once every three years. The person or the person's legal
representative may request a needs reassessment at any time. The county agency must
annually review the person-centered services plan and reauthorize services. A person or the
person's legal representative must make an informed choice to decline an annual needs
reassessment under this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025, or upon federal approval,
whichever occurs later. The commissioner of human services shall notify the revisor of
statutes when federal approval is obtained.
new text end