SF 3487

as introduced - 91st Legislature (2019 - 2020) Posted on 02/25/2020 08:21am

A bill for an act
relating to human services; modifying assessment and reassessment requirements
for home and community-based service waivers for persons with disabilities;
amending Minnesota Statutes 2019 Supplement, section 256B.49, subdivision 14.

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

Section 1.

Minnesota Statutes 2019 Supplement, section 256B.49, subdivision 14, is
amended to read:

Subd. 14.

Assessment and reassessment.

(a) Assessments and reassessments shall be
conducted by certified assessors according to section 256B.0911, subdivision 2b. The
certified assessor, with the permission of the recipient or the recipient's designated legal
representative, may invite other individuals to attend the assessment. With the permission
of the recipient or the recipient's designated legal representative, the recipient's current
provider of services may submit a written report outlining their recommendations regarding
the recipient's care needs prepared by a direct service employee who is familiar with the
person. The provider must submit the report at least 60 days before the end of the person's
current service agreement. The certified assessor must consider the content of the submitted
report prior to finalizing the person's assessment or reassessment.

(b) There must be a determination that the client requires a hospital level of care or a
nursing facility level of care as defined in section 256B.0911, subdivision 4e, at initial and
subsequent assessments to initiate and maintain participation in the waiver program.

(c) Regardless of other assessments identified in section 144.0724, subdivision 4, as
appropriate to determine nursing facility level of care for purposes of medical assistance
payment for nursing facility services, only face-to-face assessments conducted according
to section 256B.0911, subdivisions 3a, 3b, and 4d, that result in a hospital level of care
determination or a nursing facility level of care determination must be accepted for purposes
of initial and ongoing access to waiver services payment.

(d) Recipients who are found eligible for home and community-based services under
this section before their 65th birthday may remain eligible for these services after their 65th
birthday if they continue to meet all other eligibility factors.

new text begin (e) If a recipient is placed in a hospital, institute of mental disease, nursing care facility,
intensive residential treatment services program, transition care unit, or inpatient substance
use disorder treatment for at least 30 days, the recipient's home and community-based
services waiver must not be terminated if there is reason to believe the recipient can
eventually return to the community. The recipient's home and community-based services
may be suspended. When the recipient is discharged from the hospital, institute of mental
disease, nursing care facility, intensive residential treatment services program, transition
care unit, or inpatient substance use disorder treatment, the amount of home and
community-based services for which they were previously eligible must be immediately
reinstated. The case manager or guardian may request a reassessment following the recipient's
discharge.
new text end