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 terminology 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 a new subdivision that outlines specific criteria for individuals seeking eligibility for the brain injury and community access for disability inclusion waivers, effective January 1, 2027, or upon federal approval.

The bill also establishes a process for the Commissioner of Human Services to review the eligibility of individuals previously receiving waiver services if they are found ineligible under the new criteria. If a person is determined to meet the nursing facility level of care criteria but does not qualify under the new waiver-specific criteria, the Commissioner must provide a notice explaining the termination of waiver services and the individual's appeal rights. Furthermore, the bill ensures that existing waiver participants will have a minimum of 90 days before their services are terminated following a reassessment that indicates they no longer meet the level of care criteria.

Statutes affected:
Introduction: 144.0724, 256B.0911