2009 Minnesota Statutes

256.975 MINNESOTA BOARD ON AGING.

Subdivision 1.Creation.

There is created a Next Minnesota Board on Aging consisting of 25 members to be appointed by the governor. At least one member shall be appointed from each congressional district and the remaining members shall be appointed at large. No member shall be appointed Previous for Next more than two consecutive terms of four years each. In making appointments, the governor shall give consideration to individuals having Previous a Next special interest in aging, and so far as practicable, shall include persons affiliated with agriculture, labor, industry, education, social work, health, housing, religion, recreation, and voluntary citizen groups, including senior citizens.

The governor shall designate the chair. Other officers, including vice-chair and secretary, shall be elected by the board members.

Subd. 1a.Removal; vacancies.

The membership terms, compensation, removal of members, and filling of vacancies on the board shall be as provided in section 15.0575.

Subd. 2.Duties.

The board shall carry out the following duties:

(1) to advise the governor and heads of state departments and agencies regarding policy, programs, and services affecting the aging;

(2) to provide Previous a Next mechanism Previous for Next coordinating plans and activities of state departments and citizens' groups as they pertain to aging;

(3) to create public awareness of the special needs and potentialities of older persons;

(4) to gather and disseminate information about research and action programs, and to encourage state departments and other agencies to conduct needed research in the field of aging;

(5) to stimulate, guide, and provide technical assistance in the organization of local councils on aging;

(6) to provide continuous review of ongoing services, programs and proposed legislation affecting the elderly in Minnesota;

(7) to administer and to make policy relating to all aspects of the Older Americans Act of 1965, as amended, including implementation thereof; and

(8) to award grants, enter into contracts, and adopt rules the Minnesota Board on Aging deems necessary to carry out the purposes of this section.

Subd. 2a.Electronic meetings.

( Previous a Next ) Notwithstanding section 13D.01, the Minnesota Board on Aging may conduct Previous a Next meeting of its members by telephone or other electronic means so long as the following conditions are met:

(1) all members of the board participating in the meeting, wherever their physical location, can hear one another and can hear all discussion and testimony;

(2) members of the public present at the regular meeting location of the board can hear all discussion and testimony and all votes of members of the board;

(3) at least one member of the board is physically present at the regular meeting location; and

(4) all votes are conducted by roll call, so that each member's vote on each issue can be identified and recorded.

(b) Each member of the board participating in Previous a Next meeting by telephone or other electronic means is considered present at the meeting Previous for Next purposes of determining Previous a Next quorum and participating in all proceedings.

(c) If telephone or other electronic means is used to conduct Previous a Next meeting, the board, to the extent practical, shall allow Previous a Next person to monitor the meeting electronically from Previous a Next remote location. The board may require the person making Previous a Next connection to pay Previous for Next documented marginal costs that the board incurs as Previous a Next result of the additional connection.

(d) If telephone or other electronic means is used to conduct Previous a Next regular, special, or emergency meeting, the board shall provide notice of the regular meeting location, of the fact that some members may participate by telephone or other electronic means, and of the provisions of paragraph (c). The timing and method of providing notice is governed by section 13D.04.

Subd. 3.Policy.

The board shall recommend to the state legislature no later than January 1, 1977, Previous a Next proposed state policy Previous for Next citizens dependent on long-term care and services. The proposed state policy shall address, but need not be limited to, the following:

(1) developing alternatives to institutionalization in long-term care facilities and other programs which will assist each citizen dependent on long-term care and services to maintain the highest level of self-sufficiency and independence which the citizen's mental and physical condition allows;

(2) developing methods Previous for Next ensuring citizens dependent on long-term care and services an effective voice in determining which programs and services are made available to them;

(3) protecting citizens dependent on long-term care and services from unnecessary governmental interference in private and personal affairs; and

(4) informing citizens dependent on long-term care and services of the programs and services Previous for Next which they are eligible.

Subd. 4.Home-delivered meals.

The Board on Aging shall take appropriate action to secure reimbursement from public and private medical care programs, health plans, and health insurers Previous for Next home-delivered meals that are Previous a Next necessary part of medical treatment Previous for Next the elderly.

Subd. 5.Programs Previous for Next senior citizens and disabled persons.

Any sums collected under section 325F.71 must be deposited into the state treasury and credited to the account of the state Board on Aging. The money credited to the account of the state Board on Aging is annually appropriated to the state board on aging and shall be expended Previous for Next the following purposes:

(1) to prepare and distribute educational materials to inform senior citizens, disabled persons, and the public regarding consumer protection laws and consumer rights that are of particular interest to senior citizens and disabled persons; or

(2) to underwrite educational seminars and other forms of educational projects Previous for Next the benefit of senior citizens and disabled persons.

Subd. 6.Indian elders position.

The Minnesota Board on Aging shall create an Indian elders coordinator position, and shall hire staff as appropriations permit Previous for Next the purposes of coordinating efforts with the National Indian Council on Aging and developing Previous a Next comprehensive statewide service system Previous for Next Indian elders. An Indian elder is defined Previous for Next purposes of this subdivision as an Indian enrolled in Previous a Next band or tribe who is 55 years or older. The statewide service system must include the following components:

(1) an assessment of the program eligibility, examining the need to change the age-based eligibility criteria to need-based eligibility criteria;

(2) Previous a Next planning system that would grant or make recommendations Previous for Next granting federal and state funding Previous for Next services;

(3) Previous a Next plan Previous for Next service focal points, senior centers, or community centers Previous for Next socialization and service accessibility Previous for Next Indian elders;

(4) Previous a Next plan to develop and implement education and public awareness campaigns including awareness programs, sensitivity cultural training, and public education on Indian elder needs;

(5) Previous a Next plan Previous for Next information and referral services including trained advocates and an Indian elder newsletter;

(6) Previous a Next plan Previous for Next Previous a Next coordinated health care system including health promotion/prevention, in-home service, long-term care service, and health care services;

(7) Previous a Next plan Previous for Next ongoing research involving Indian elders including needs assessment and needs analysis;

(8) information and referral services Previous for Next legal advice or legal counsel; and

(9) Previous a Next plan to coordinate services with existing organizations including the Council of Indian Affairs, the Minnesota Indian Council of Elders, the Minnesota Board on Aging, and tribal governments.

Subd. 7.Consumer information and assistance and long-term care options counseling; Senior LinkAge Line.

( Previous a Next ) The Minnesota Board on Aging shall operate Previous a Next 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 Previous a Next 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 Previous a Next 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 Previous a Next focus on planning Previous for Next 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 Previous a Next messaging system Previous for Next 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 Previous for Next nursing facilities and other providers developed by the commissioner of health;

(9) incorporate information about 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 to the commissioner of human services that is consistent with information required by the commissioner of health under section 144G.06, the Uniform Consumer Information Guide. The commissioner of human services shall provide the data to the Minnesota Board on Aging Previous for Next inclusion in the MinnesotaHelp.info network long-term care database;

(10) provide long-term care options counseling. Long-term care options counselors shall:

(i) Previous for Next individuals not eligible Previous for Next case management under Previous a Next 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 Previous a Next 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 Previous a Next plan Previous for Next the more distant future; and

(iv) provide expertise in benefits and financing options Previous for Next 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; and

(11) using risk management and support planning protocols, provide long-term care options counseling to current residents of nursing homes deemed appropriate Previous for Next discharge by the commissioner. In order to meet this requirement, the commissioner shall provide designated Senior LinkAge Line contact centers with Previous a Next list of nursing home residents appropriate Previous for Next discharge planning via Previous a Next secure Web portal. Senior LinkAge Line shall provide these residents, if they indicate Previous a Next 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 Previous for Next persons who are enrolled in Previous a Next managed care plan; or

(iii) the long-term care consultation team Previous for Next those who are appropriate Previous for Next relocation service coordination due to high-risk factors or psychological or physical disability.

Subd. 8.Promotion of long-term care insurance.

Within the limits of appropriations specifically Previous for Next this purpose, the Minnesota Board on Aging, either directly or through contract, shall promote the provision of employer-sponsored, long-term care insurance. The board shall encourage private and public sector employers to make long-term care insurance available to employees, provide interested employers with information on the long-term care insurance product offered to state employees, and provide technical assistance to employers in designing long-term care insurance products and contacting companies offering long-term care insurance products.

Subd. 9.Prescription drug assistance.

The Minnesota Board on Aging shall establish and administer Previous a Next prescription drug assistance program to assist individuals in accessing programs offered by pharmaceutical manufacturers that provide free or discounted prescription drugs or provide coverage Previous for Next prescription drugs. The board shall use computer software programs to:

(1) list eligibility requirements Previous for Next pharmaceutical assistance programs offered by manufacturers;

(2) list drugs that are included in Previous a Next supplemental rebate contract between the commissioner and Previous a Next pharmaceutical manufacturer under section 256.01, subdivision 2, clause (23); and

(3) link individuals with the pharmaceutical assistance programs most appropriate Previous for Next the individual. The board shall make information on the prescription drug assistance program available to interested individuals and health care providers and shall coordinate the program with the statewide information and assistance service provided through the Senior LinkAge Line under subdivision 7.

Subd. 10. Previous Communities Next Previous for Next Previous a Next Previous lifetime Next .

( Previous a Next ) Previous For Next purposes of this subdivision, " Previous communities Next Previous for Next Previous a Next Previous lifetime Next " means partnerships of small cities, counties, municipalities, statutory or home rule charter cities, or towns, whose citizens seek to affirmatively extend to persons ages 65 and older the opportunities, supports, and services that will enable them to continue to be contributing, civically engaged residents.

(b) The opportunities extended within Previous a Next reasonable distance to senior residents by Previous communities Next Previous for Next Previous a Next Previous lifetime Next must include, but not be limited to:

(1) the opportunity to contribute time and talents through volunteer community service;

(2) the opportunity to participate in the paid workforce, with flexibility of hours and scheduling;

(3) the opportunity Previous for Next socializing, recreation, and wellness activities, including both physical exercise and mental stimulation;

(4) the opportunity to "age in place" and choose among Previous a Next variety of affordable, accessible housing options, including single-family housing, independent congregate senior housing, and senior housing with services;

(5) the opportunity to access quality long-term care in the setting of the senior's own choice; and

(6) the opportunity Previous for Next community-wide mobility and to access public transportation, including door-to-door assistance and weekend and evening access.

(c) Previous Communities Next Previous for Next Previous a Next Previous lifetime Next must demonstrate the availability of supports and services Previous for Next senior residents that include, but are not limited to:

(1) an array of home and community-based services to support seniors' options to remain in an independent living setting as they age and become more frail;

(2) access to contemporary remote medical technology Previous for Next cost-effective home-based monitoring of medical conditions;

(3) access to nutrition programs, including congregate meal and home-delivered meal opportunities;

(4) access to Previous a Next comprehensive caregiver support system Previous for Next family members and volunteer caregivers, including:

(i) technological support Previous for Next caregivers remaining in the paid workforce to manage caregiver responsibilities effectively; and

(ii) respite care that offers temporary substitute care and supervision Previous for Next frail seniors;

(5) personal assistance in accessing services and supports, and in seeking financing Previous for Next these services and supports;

(6) high-quality assisted living facilities within Previous a Next senior's geographic setting of choice;

(7) high-quality nursing care facilities within Previous a Next senior's geographic setting of choice; and

(8) the protection offered to vulnerable seniors by Previous a Next publicly operated adult protective service.

(d) Previous Communities Next Previous for Next Previous a Next Previous lifetime Next must also:

(1) establish an ongoing local commission to advise the community Previous for Next Previous a Next Previous lifetime Next on its provision of the opportunities, services, and supports identified in paragraphs (b) and (c);

(2) offer training and learning opportunities Previous for Next businesses, civic groups, fire and police personnel, and others frequently interacting with seniors on appropriate methods of interacting with seniors; and

(3) incorporate into its local plan, developed in accordance with sections 366.10, 394.232, and 462.353, elements that address the impact of the forecast change in population age structure on land use, housing, public facilities, transportation, capital improvement, and other areas addressed by local plans; provisions addressing the availability of the opportunities, supports, and services identified in paragraphs (b) and (c); and strategies to develop physical infrastructure responsive to the needs of the projected population.

(e) In implementing this subdivision, the Minnesota Board on Aging shall:

(1) consult with, and when appropriate work through, the area agencies on aging;

(2) consult with the commissioners of human services, health, and employment and economic development, and the League of Minnesota Cities and other organizations representing local units of government; and

(3) review models of senior-friendly community initiatives from other states and organizations.

(f) The Board on Aging shall report to the legislature by February 28, 2010, with recommendations on (1) Previous a Next process Previous for Next Previous communities Next to request and receive the designation of community Previous for Next Previous a Next Previous lifetime Next , and (2) funding sources to implement these Previous communities.

History:

1961 c 466 s 1,2; 1974 c 536 s 1; 1975 c 271 s 6; 1976 c 134 s 59,60; 1976 c 275 s 1; 1986 c 404 s 10; 1986 c 444; 1989 c 282 art 2 s 121; 1989 c 294 s 1; 1995 c 207 art 3 s 17; 1Sp2001 c 9 art 4 s 2; art 8 s 13; 2002 c 379 art 1 s 113; 1Sp2003 c 14 art 12 s 11; 2005 c 56 s 1; 1Sp2005 c 4 art 8 s 16; 2007 c 147 art 6 s 16; art 7 s 5; 2009 c 60 s 1; 2009 c 79 art 8 s 16; 2009 c 173 art 1 s 16