Minnesota Legislature
HF 2373
as introduced - 94th Legislature (2025 - 2026) Posted on 03/17/2025 02:58pm
Bill Text Versions
| Engrossments | ||
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| Introduction | Posted on 03/14/2025 |
Current Version - as introduced
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A bill for an act
relating to human services; modifying provisions governing long-term care
consultation services; amending Minnesota Statutes 2024, section 256B.0911,
subdivisions 1, 10, 13, 14, 17, by adding subdivisions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, section 256B.0911, subdivision 1, is amended to read:
Subdivision 1.
Purpose and goal.
(a) The purpose of long-term care consultation services
is to assist persons with long-term or chronic care needs in making care decisions and
selecting support and service options that meet their needs and reflect their preferences.
The availability of, and access to, information and other types of assistance, including
long-term care consultation assessment and support planning, is also intended to prevent
or delay institutional placements and to provide access to transition assistance after
placement. Further, the goal of long-term care consultation services is to contain costs
associated with unnecessary institutional admissions. Long-term care consultation services
must be available to any person regardless of public program eligibility.
(b) The commissioner of human services shall seek to maximize use of available federal
and state funds and establish the broadest program possible within the funding available.
(c) Long-term care consultation services must be coordinated with long-term care options
counseling, long-term care options counseling deleted text begin for assisted livingdeleted text end new text begin at critical care transitionsnew text end ,
the Disability Hub, and preadmission screening.
(d) A lead agency providing long-term care consultation services shall encourage the
use of volunteers from families, religious organizations, social clubs, and similar civic and
service organizations to provide community-based services.
Sec. 2.
Minnesota Statutes 2024, section 256B.0911, subdivision 10, is amended to read:
Subd. 10.
Definitions.
(a) For purposes of this section, the following definitions apply.
(b) "Available service and setting options" or "available options," with respect to the
home and community-based waivers under chapter 256S and sections 256B.092 and 256B.49,
means all services and settings defined under the waiver plan for which a waiver applicant
or waiver participant is eligible.
(c) "Competitive employment" means work in the competitive labor market that is
performed on a full-time or part-time basis in an integrated setting, and for which an
individual is compensated at or above the minimum wage, but not less than the customary
wage and level of benefits paid by the employer for the same or similar work performed by
individuals without disabilities.
(d) "Cost-effective" means community services and living arrangements that cost the
same as or less than institutional care. For an individual found to meet eligibility criteria
for home and community-based service programs under chapter 256S or section 256B.49,
"cost-effectiveness" has the meaning found in the federally approved waiver plan for each
program.
(e) "Independent living" means living in a setting that is not controlled by a provider.
(f) "Informed choice" has the meaning given in section 256B.4905, subdivision 1a.
(g) "Lead agency" means a county administering or a Tribe or health plan under contract
with the commissioner to administer long-term care consultation services.
(h) "Long-term care consultation services" means the activities described in subdivision
11.
(i) "Long-term care options counseling" means the services provided by sections 256.01,
subdivision 24, and 256.975, subdivision 7, and also includes telephone assistance and
follow-up after a long-term care consultation assessment has been completed.
(j) "Long-term care options counseling deleted text begin for assisted livingdeleted text end new text begin at critical care transitionsnew text end "
means the services provided under section 256.975, deleted text begin subdivisionsdeleted text end new text begin subdivisionnew text end 7e deleted text begin to 7gdeleted text end .
(k) "Minnesota health care programs" means the medical assistance program under this
chapter and the alternative care program under section 256B.0913.
(l) "Person-centered planning" is a process that includes the active participation of a
person in the planning of the person's services, including in making meaningful and informed
choices about the person's own goals, talents, and objectives, as well as making meaningful
and informed choices about the services the person receives, the settings in which the person
receives the services, and the setting in which the person lives.
(m) "Preadmission screening" means the services provided under section 256.975,
subdivisions 7a to 7c.
Sec. 3.
Minnesota Statutes 2024, section 256B.0911, subdivision 13, is amended to read:
Subd. 13.
MnCHOICES assessor qualifications, training, and certification.
(a) The
commissioner shall develop and implement a curriculum and an assessor certification
process.
(b) MnCHOICES certified assessors must:
(1) either have deleted text begin a bachelor'sdeleted text end new text begin at least an associate'snew text end degree in deleted text begin social workdeleted text end new text begin human servicesnew text end ,
nursing with a public health nursing certificate, or other closely related field or be a registered
nurse; and
(2) have received training and certification specific to assessment and consultation for
long-term care services in the state.
(c) Certified assessors shall demonstrate best practices in assessment and support
planning, including person-centered planning principles, and have a common set of skills
that ensures consistency and equitable access to services statewide.
(d) Certified assessors must be recertified every three years.
Sec. 4.
Minnesota Statutes 2024, section 256B.0911, subdivision 14, is amended to read:
Subd. 14.
Use of MnCHOICES certified assessors required.
(a) Each lead agency
shall use MnCHOICES certified assessors who have completed MnCHOICES training and
the certification process determined by the commissioner in subdivision 13.
(b) Each lead agency must ensure that the lead agency has sufficient numbers of certified
assessors to provide long-term consultation assessment and support planning within the
timelines and parameters of the service.
(c) A lead agency may choose, according to departmental policies, to contract with a
qualified, certified assessor to conduct assessments and reassessments on behalf of the lead
agency.
(d) Tribes and health plans under contract with the commissioner must provide long-term
care consultation services as specified in the contract.
(e) A lead agency must provide the commissioner with an administrative contact for
communication purposes.
new text begin
(f) A lead agency may contract with hospitals to conduct assessments of patients in the
hospital on behalf of the lead agency when the lead agency has failed to meet its obligations
under subdivision 17 to complete within 20 working days an assessment of a person in a
hospital (1) who has requested long-term care consultation services, or (2) for whom
long-term care consultation services have been recommended and the commissioner has
also failed to meet the commissioner's obligation under subdivision 34 to complete an
assessment within ten working days of the recommendation. The contracted assessment
must be conducted by a hospital employee who is a qualified, certified assessor. The hospital
employees who perform assessments under the contract between the hospital and the lead
agency may perform assessments in addition to other duties assigned to the employee by
the hospital, except the hospital employees who perform the assessments under contract
with the lead agency must not perform any waiver-related tasks other than assessments.
The reimbursement by the county to the hospital for each assessment conducted must not
exceed the sum of the average reimbursement from the commissioner to the county per
assessment, plus the county share as determined under subdivision 33.
new text end
Sec. 5.
Minnesota Statutes 2024, section 256B.0911, subdivision 17, is amended to read:
Subd. 17.
MnCHOICES assessments.
(a) A deleted text begin person requesting long-term care
consultation services must be visited by adeleted text end long-term care consultation team new text begin must complete
an assessment of a person requesting long-term care consultation services or for whom
long-term care consultation services were recommended new text end within 20 working days after the
date on which an assessment was requested or recommended. new text begin For each day that a lead
agency is out of compliance with the required timeline for completing an assessment under
this paragraph, the lead agency shall forfeit to the commissioner of human services a fine
of $250. The commissioner must deposit all forfeitures under this paragraph into the general
fund. The commissioner may waive the daily fines in part or in whole upon a determination
by the commissioner that the lead agency lacks sufficient staff to meet the required timelines.
If the lead agency is aggrieved by the decision of the commissioner to not waive the fines,
the lead agency may appeal to the district court having jurisdiction over the lead agency
responsible for providing the long-term care consultation services at issue under section
256.045, subdivision 7.
new text end
new text begin (b) new text end Assessments must be conducted according to this subdivision and subdivisions 19
to 21, 23, 24, and 29 to 31.
deleted text begin (b)deleted text end new text begin (c)new text end Lead agencies shall use certified assessors to conduct the assessment.
deleted text begin (c)deleted text end new text begin (d)new text end For a person with complex health care needs, a public health or registered nurse
from the team must be consulted.
deleted text begin (d)deleted text end new text begin (e)new text end 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.
deleted text begin (e)deleted text end new text begin (f)new text end 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. 6.
Minnesota Statutes 2024, section 256B.0911, is amended by adding a subdivision
to read:
new text begin Subd. 34. new text end
new text begin State assessors. new text end
new text begin
(a) The commissioner must create a pool of state employees
who are qualified, certified assessors. A member of the state-employed certified assessor
pool may perform other duties as assigned. A member of the state-employed certified
assessor pool must not be assigned or perform any duties related to appeals under section
256.045 of certified assessors' decisions regarding eligibility for services and programs as
defined in subdivision 11, clauses (5), (7) to (10), and (15); certified assessors' decisions
regarding the need for institutional level of care; or lead agencies' final decisions regarding
eligibility for public programs.
new text end
new text begin
(b) The commissioner must deploy a state-employed certified assessor who must complete
an assessment within ten business days of a request from a facility if the conditions of
paragraph (c) or (d) are met. For the purposes of this subdivision, "facility" means a hospital,
a licensed health care facility, a licensed residential setting, a licensed assisted living facility,
or any correctional facility enumerated in section 241.91.
new text end
new text begin
(c) If a lead agency fails to meet its obligation under subdivision 17 to complete within
20 working days an assessment of a person in a facility who has requested long-term care
consultation services or for whom long-term care consultation services have been
recommended, the facility may request that the commissioner deploy a state-employed
certified assessor to conduct an assessment of that person on behalf of the lead agency.
new text end
new text begin
(d) If at any time a lead agency informs a facility that the lead agency will not meet its
obligation under subdivision 17 to complete an assessment of the person in the facility who
has requested long-term care consultation services or for whom long-term care services
were requested, the facility may request that the commissioner deploy a state-employed
certified assessor to conduct the assessment of that person on behalf of the lead agency.
new text end
new text begin
(e) For each assessment conducted under this subdivision, the commissioner shall recoup
from the lead agency the sum of the average reimbursement from the commissioner to the
lead agency per assessment, plus the county share as determined under subdivision 33.
new text end
Sec. 7.
Minnesota Statutes 2024, section 256B.0911, is amended by adding a subdivision
to read:
new text begin Subd. 35. new text end
new text begin Report on assessment completions. new text end
new text begin
(a) The commissioner shall issue a public
report twice per year containing summary data on the completion of assessments under this
section. Lead agencies must submit to the commissioner in the form and manner determined
by the commissioner all summary data the commissioner requests for the purposes of the
report.
new text end
new text begin
(b) The report must include:
new text end
new text begin
(1) the total number of assessments performed since the previous reporting period;
new text end
new text begin
(2) the total number of initial assessments performed since the previous reporting period;
new text end
new text begin
(3) the total number of reassessments performed since the previous reporting period;
new text end
new text begin
(4) the number and percentage of assessments completed within the required timeline,
by a lead agency;
new text end
new text begin
(5) the average length of time to complete an assessment, by a lead agency;
new text end
new text begin
(6) the number and percentage of all assessments performed on behalf of a lead agency
by a state-employed assessor under subdivision 34, by a lead agency;
new text end
new text begin
(7) the number and percentage of all assessments performed on behalf of a lead agency
by a hospital under subdivision 14, paragraph (f), by a lead agency;
new text end
new text begin
(8) summary data of the location in which the assessments were performed; and
new text end
new text begin
(9) other information the commissioner determines is valuable to assess the capacity of
lead agencies to complete assessments within the timelines prescribed by law.
new text end