Minnesota Legislature
SF 1704
1st Engrossment - 87th Legislature (2011 - 2012) Posted on 06/14/2012 02:30pm
Current Version - 1st Engrossment
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A bill for an act
relating to human services; modifying the long-term care consultation
requirements for prospective housing with services residents; amending
Minnesota Statutes 2010, sections 256.975, subdivision 7; 256B.0911, by
adding a subdivision; Minnesota Statutes 2011 Supplement, section 256B.0911,
subdivision 3c.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2010, section 256.975, subdivision 7, is amended to read:
Subd. 7.
Consumer information and assistance and long-term care options
counseling; Senior LinkAge Line.
(a) The Minnesota Board on Aging shall operate a
statewide service to aid older Minnesotans and their families in making informed choices
about long-term care options and health care benefits. Language services to persons with
limited English language skills may be made available. The service, known as Senior
LinkAge Line, must be available during business hours through a statewide toll-free
number and must also be available through the Internet.
(b) The service must provide long-term care options counseling by assisting older
adults, caregivers, and providers in accessing information and options counseling about
choices in long-term care services that are purchased through private providers or available
through public options. The service must:
(1) develop a comprehensive database that includes detailed listings in both
consumer- and provider-oriented formats;
(2) make the database accessible on the Internet and through other telecommunication
and media-related tools;
(3) link callers to interactive long-term care screening tools and make these tools
available through the Internet by integrating the tools with the database;
(4) develop community education materials with a focus on planning for long-term
care and evaluating independent living, housing, and service options;
(5) conduct an outreach campaign to assist older adults and their caregivers in
finding information on the Internet and through other means of communication;
(6) implement a messaging system for overflow callers and respond to these callers
by the next business day;
(7) link callers with county human services and other providers to receive more
in-depth assistance and consultation related to long-term care options;
(8) link callers with quality profiles for nursing facilities and other providers
developed by the commissioner of health;
(9) incorporate information about the availability of housing options, as well as
registered housing with services and consumer rights within the MinnesotaHelp.info
network long-term care database to facilitate consumer comparison of services and costs
among housing with services establishments and with other in-home services and to
support financial self-sufficiency as long as possible. Housing with services establishments
and their arranged home care providers shall provide information that will facilitate price
comparisons, including delineation of charges for rent and for services available. The
commissioners of health and human services shall align the data elements required by
section 144G.06, the Uniform Consumer Information Guide, and this section to provide
consumers standardized information and ease of comparison of long-term care options.
The commissioner of human services shall provide the data to the Minnesota Board on
Aging for inclusion in the MinnesotaHelp.info network long-term care database;
(10) provide long-term care options counseling. Long-term care options counselors
shall:
(i) for individuals not eligible for case management under a public program or public
funding source, provide interactive decision support under which consumers, family
members, or other helpers are supported in their deliberations to determine appropriate
long-term care choices in the context of the consumer's needs, preferences, values, and
individual circumstances, including implementing a community support plan;
(ii) provide Web-based educational information and collateral written materials to
familiarize consumers, family members, or other helpers with the long-term care basics,
issues to be considered, and the range of options available in the community;
(iii) provide long-term care futures planning, which means providing assistance to
individuals who anticipate having long-term care needs to develop a plan for the more
distant future; and
(iv) provide expertise in benefits and financing options for long-term care, including
Medicare, long-term care insurance, tax or employer-based incentives, reverse mortgages,
private pay options, and ways to access low or no-cost services or benefits through
volunteer-based or charitable programs; deleted text begin and
deleted text end
(11) using risk management and support planning protocols, provide long-term care
options counseling to current residents of nursing homes deemed appropriate for discharge
by the commissioner. In order to meet this requirement, the commissioner shall provide
designated Senior LinkAge Line contact centers with a list of nursing home residents
appropriate for discharge planning via a secure Web portal. Senior LinkAge Line shall
provide these residents, if they indicate a preference to receive long-term care options
counseling, with initial assessment, review of risk factors, independent living support
consultation, or referral to:
(i) long-term care consultation services under section 256B.0911;
(ii) designated care coordinators of contracted entities under section 256B.035 for
persons who are enrolled in a managed care plan; or
(iii) the long-term care consultation team for those who are appropriate for relocation
service coordination due to high-risk factors or psychological or physical disabilitynew text begin ; and
new text end
new text begin (12) develop referral protocols and processes that will assist certified health care
homes and hospitals to identify at-risk older adults and determine when to refer these
individuals to the Senior LinkAge Line for long-term care options counseling under this
section. The commissioner is directed to work with the commissioner of health to develop
protocols that would comply with the health care home designation criteria and protocols
available at the time of hospital dischargenew text end .
Sec. 2.
Minnesota Statutes 2011 Supplement, section 256B.0911, subdivision 3c,
is amended to read:
Subd. 3c.
Consultation for housing with services.
(a) The purpose of long-term
care consultation for registered housing with services is to support persons with current or
anticipated long-term care needs in making informed choices among options that include
the most cost-effective and least restrictive settings. Prospective residents maintain the
right to choose housing with services or assisted living if that option is their preference.
(b) Registered housing with services establishments shall inform all prospective
residents new text begin or the prospective resident's designated or legal representative new text end of the deleted text begin availability
of long-term care consultation and the need to receive and verify the consultation prior
to signing a lease or contractdeleted text end new text begin requirement for long-term care options counseling and the
opportunity to decline long-term care options counseling. Prospective residents declining
long-term care options counseling are required to sign a waiver form designated by the
commissioner and supplied by the provider. The housing with services establishment shall
maintain copies of signed waiver forms or verification that the consultation was conducted
for audit for a period of three yearsnew text end . Long-term care consultation for registered housing
with services is provided as determined by the commissioner of human services. The
service is delivered under a partnership between lead agencies as defined in subdivision 1a,
paragraph (d), and the Area Agencies on Aging, and is a point of entry to a combination
of telephone-based long-term care options counseling provided by Senior LinkAge Line
and in-person long-term care consultation provided by lead agencies. The point of entry
service must be provided within five working days of the request of the prospective
resident as follows:
(1) new text begin the consultation shall be conducted with the prospective resident, or in the
alternative, the resident's designated or legal representative, if:
new text end
new text begin
(i) the resident verbally requests; or
new text end
new text begin
(ii) the registered housing with services provider has documentation of the
designated or legal representative's authority to enter into a lease or contract on behalf of
the prospective resident and accepts the documentation in good faith;
new text end
new text begin (2) new text end the consultation shall be performed in a manner that provides objective and
complete information;
deleted text begin (2)deleted text end new text begin (3) new text end the consultation must include a review of the prospective resident's reasons
for considering housing with services, the prospective resident's personal goals, a
discussion of the prospective resident's immediate and projected long-term care needs,
and alternative community services or housing with services settings that may meet the
prospective resident's needs;
deleted text begin (3)deleted text end new text begin (4) new text end the prospective resident shall be informed of the availability of a face-to-face
visit at no charge to the prospective resident to assist the prospective resident in assessment
and planning to meet the prospective resident's long-term care needs; and
deleted text begin (4)deleted text end new text begin (5) new text end verification of counseling shall be generated and provided to the prospective
resident by Senior LinkAge Line upon completion of the telephone-based counseling.
(c) Housing with services establishments registered under chapter 144D shall:
(1) inform all prospective residents new text begin or the prospective resident's designated or legal
representative new text end of the availability of and contact information for consultation services
under this subdivision;
(2) deleted text begin except for individuals seeking lease-only arrangements in subsidized housing
settings,deleted text end receive a copy of the verification of counseling prior to executing a lease or
service contract with the prospective resident, and prior to executing a service contract
with individuals who have previously entered into lease-only arrangements; and
(3) retain a copy of the verification of counseling as part of the resident's file.
Sec. 3.
Minnesota Statutes 2010, section 256B.0911, is amended by adding a
subdivision to read:
new text begin Subd. 3d. new text end
new text begin Exemptions. new text end
new text begin
Individuals shall be exempt from the requirements outlined
in subdivision 3c in the following circumstances:
new text end
new text begin
(1) the individual is seeking a lease-only arrangement in a subsidized housing
setting; or
new text end
new text begin
(2) the individual has previously received a long-term care consultation assessment
under this section. In this instance, the assessor who completes the long-term care
consultation will issue a verification code and provide it to the individual.
new text end