This bill modifies the nursing facility level of care criteria for certain home and community-based waiver services in Minnesota. It amends existing statutes to clarify the definitions and criteria for determining eligibility for nursing facility services, elderly waiver services, and other long-term care services. Notably, it changes the language from "a resident's or prospective resident's" to "an individual's" in the context of nursing facility level of care determinations. Additionally, it introduces new criteria for the brain injury and community access for disability inclusion waivers, which will take effect on January 1, 2027, or upon federal approval.

The bill also establishes a process for reviewing individuals who were previously eligible for the brain injury or community access waivers but are found ineligible under the new criteria. If a person is determined to meet the nursing facility level of care criteria under the amended statute but not under the new waiver criteria, the commissioner of human services is required to provide a notice of action explaining the termination of waiver services and the individual's appeal rights. Furthermore, the bill mandates that the implementation of the new nursing facility level of care criteria for existing waiver participants must allow for a minimum of 90 days' notice before termination of services based on reassessment outcomes.

Statutes affected:
Introduction: 144.0724, 256B.0911