A bill for an act
relating to human services; the governor's budget bill for human services; modifying
provisions related to aging, disability services, substance use disorder treatment,
and the Department of Direct Care and Treatment; making technical changes to
human services law; establishing a human services contingency fund; adjusting
appropriations for forecasted programs; appropriating money; amending Minnesota
Statutes 2022, sections 13.46, subdivisions 1, 10; 145.61, subdivision 5; 246.018,
subdivision 3; 246.13, subdivision 2; 256.88; 256.89; 256.90; 256.91; 256.92;
256B.0911, subdivision 20; 256B.0913, subdivision 5a; 256B.69, subdivision 4;
256S.205, subdivisions 2, 3, 5; Minnesota Statutes 2023 Supplement, sections
10.65, subdivision 2; 13.46, subdivision 2; 15.01; 15.06, subdivision 1; 15A.082,
subdivisions 1, 3, 7; 43A.08, subdivisions 1, 1a; 246C.01; 246C.02; 246C.04;
246C.05; 256.042, subdivision 2; 256.043, subdivision 3; 256B.0911, subdivision
13; 256B.0913, subdivision 5; 256R.55, subdivision 9; Laws 2023, chapter 61,
article 4, section 11; article 8, sections 1; 2; 3; 8; article 9, section 2, subdivision
16, as amended; proposing coding for new law in Minnesota Statutes, chapters
246C; 256; 256B; 256S; repealing Minnesota Statutes 2022, sections 246.01;
246.12; 246.234; 246.36; 246.41; 256S.205, subdivision 4; Minnesota Statutes
2023 Supplement, section 246C.03.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2023 Supplement, section 256B.0911, subdivision 13, is
amended to read:
(a) The
commissioner shall develop and implement a curriculum and an assessor certification
process.
(b) MnCHOICES certified assessors must:
(1) either have a bachelor's degree in social work, nursing with a public health nursing
certificate, or other closely related field or be a registered nurse deleted text begin with at least two years of
home and community-based experiencedeleted text end ; 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.
new text begin
This section is effective July 1, 2024.
new text end
Minnesota Statutes 2022, section 256B.0911, subdivision 20, is amended to read:
(a) 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 calendardeleted text end new text begin 365new text end days after the date of the assessment.
(b) The effective eligibility start date for programs in paragraph (a) can never be prior
to the date of assessment. deleted text begin 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).deleted text end 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 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
new text begin
This section is effective July 1, 2024.
new text end
Minnesota Statutes 2023 Supplement, section 256B.0913, subdivision 5, is amended
to read:
Alternative care funding may be
used for payment of costs of:
(1) adult day services and adult day services bath;
(2) home care;
(3) homemaker services;
(4) personal care;
(5) case management and conversion case management;
(6) respite care;
(7) specialized supplies and equipment;
(8) home-delivered meals;
(9) nonmedical transportation;
(10) nursing services;
(11) chore services;
(12) companion services;
(13) nutrition services;
(14) family caregiver training and education;
(15) coaching and counseling;
(16) telehome care to provide services in their own homes in conjunction with in-home
visits;
(17) consumer-directed community supports;
(18) environmental accessibility and adaptations; deleted text begin and
deleted text end
new text begin
(19) transitional services; and
new text end
deleted text begin (19)deleted text end new text begin (20)new text end discretionary services, for which lead agencies may make payment from their
alternative care program allocation for services not otherwise defined in this section or
section 256B.0625, following approval by the commissioner.
Total annual payments for discretionary services for all clients served by a lead agency
must not exceed 25 percent of that lead agency's annual alternative care program base
allocation, except that when alternative care services receive federal financial participation
under the 1115 waiver demonstration, funding shall be allocated in accordance with
subdivision 17.
Minnesota Statutes 2022, section 256B.0913, subdivision 5a, is amended to read:
(a) Unless specified in
statute, the services, service definitions, and standards for alternative care services shall be
the same as the services, service definitions, and standards specified in the federally approved
elderly waiver plan, except alternative care does not cover deleted text begin transitional support services,deleted text end
assisted living services, adult foster care services, and residential care and benefits defined
under section 256B.0625 that meet primary and acute health care needs.
(b) The lead agency must ensure that the funds are not used to supplant or supplement
services available through other public assistance or services programs, including
supplementation of client co-pays, deductibles, premiums, or other cost-sharing arrangements
for health-related benefits and services or entitlement programs and services that are available
to the person, but in which they have elected not to enroll. The lead agency must ensure
that the benefit department recovery system in the Medicaid Management Information
System (MMIS) has the necessary information on any other health insurance or third-party
insurance policy to which the client may have access. Supplies and equipment may be
purchased from a vendor not certified to participate in the Medicaid program if the cost for
the item is less than that of a Medicaid vendor.
(c) Personal care services must meet the service standards defined in the federally
approved elderly waiver plan, except that a lead agency may authorize services to be provided
by a client's relative who meets the relative hardship waiver requirements or a relative who
meets the criteria and is also the responsible party und