A bill for an act
relating to human services; recodifying long-term care consultation services;
amending Minnesota Statutes 2020, sections 144.0724, subdivision 11; 256.975,
subdivisions 7a, 7b, 7c, 7d; 256B.051, subdivision 4; 256B.0646; 256B.0659,
subdivision 3a; 256B.0911, subdivisions 1, 3c, 3d, 3e, by adding subdivisions;
256B.0913, subdivision 4; 256B.092, subdivisions 1a, 1b; 256B.0922, subdivision
1; 256B.49, subdivisions 12, 13; 256S.02, subdivisions 15, 20; 256S.06,
subdivisions 1, 2; 256S.10, subdivision 2; Minnesota Statutes 2021 Supplement,
sections 144.0724, subdivisions 4, 12; 256B.49, subdivision 14; 256B.85,
subdivisions 2, 5; 256S.05, subdivision 2; repealing Minnesota Statutes 2020,
section 256B.0911, subdivisions 2b, 2c, 3, 3b, 3g, 4d, 4e, 5, 6; Minnesota Statutes
2021 Supplement, section 256B.0911, subdivisions 1a, 3a, 3f.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

LONG-TERM CARE CONSULTATION SERVICES RECODIFICATION

Section 1.

Minnesota Statutes 2020, section 256B.0911, subdivision 1, is amended to read:


Subdivision 1.

Purpose and goal.

(a) The purpose of long-term care consultation services
is to assist persons with long-term or chronic care needs in making care decisions and
selecting support and service options that meet their needs and reflect their preferences.
The availability of, and access to, information and other types of assistance, including
long-term care consultation assessment and deleted text begincommunitydeleted text end support planning, is also intended
to prevent or delay institutional placements and to provide access to transition assistance
after placement. Further, the goal of long-term care consultation services is to contain costs
associated with unnecessary institutional admissions. Long-termnew text begin carenew text end consultation services
must be available to any person regardless of public program eligibility.

(b) The commissioner of human services shall seek to maximize use of available federal
and state funds and establish the broadest program possible within the funding available.

(c) Long-term care consultation services must be coordinated with long-term care options
counseling deleted text beginprovided under subdivision 4d, section 256.975, subdivisions 7 to 7c, and section
256.01, subdivision 24
deleted text endnew text begin, long-term care options counseling for assisted living, the Disability
Hub, and preadmission screening
new text end.

(d) deleted text beginThedeleted text endnew text begin Anew text end lead agency providing long-term care consultation services shall encourage
the use of volunteers from families, religious organizations, social clubs, and similar civic
and service organizations to provide community-based services.

Sec. 2.

Minnesota Statutes 2020, section 256B.0911, subdivision 3c, is amended to read:


Subd. 3c.

deleted text beginConsultationdeleted text endnew text begin Long-term care options counselingnew text end for deleted text beginhousing with servicesdeleted text endnew text begin
assisted living
new text end.

(a) The purpose of long-term care deleted text beginconsultation for registered housing with
services
deleted text endnew text begin options counseling for assisted livingnew text end 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
deleted text begin housing with services ordeleted text end assisted living if that option is their preference.

(b) deleted text beginRegistered housing with services establishmentsdeleted text endnew text begin Licensed assisted living facilitiesnew text end
shall inform each prospective resident or the prospective resident's designated or legal
representative of the availability of long-term care deleted text beginconsultationdeleted text endnew text begin options counseling for
assisted living
new text end and the need to receive and verify the deleted text beginconsultationdeleted text endnew text begin counselingnew text end prior to signing
a deleted text beginlease ordeleted text end contract. Long-term care deleted text beginconsultation for registered housing with servicesdeleted text endnew text begin options
counseling for assisted living
new text end is provided as determined by the commissioner of human
services. The service is delivered under a partnership between lead agencies as defined in
subdivision deleted text begin1adeleted text endnew text begin 10new text end, paragraph deleted text begin(d)deleted text endnew text begin (g)new text end, 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) the deleted text beginconsultationdeleted text endnew text begin counselingnew text end shall be conducted with the prospective resident, or in
the alternative, the resident's designated or legal representative, if:

(i) the resident verbally requests; or

(ii) the deleted text beginregistered housing with services providerdeleted text endnew text begin assisted living facilitynew text end 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;

(2) the deleted text beginconsultationdeleted text endnew text begin counselingnew text end shall be performed in a manner that provides objective
and complete information;

(3) the deleted text beginconsultationdeleted text endnew text begin counselingnew text end must include a review of the prospective resident's reasons
for considering deleted text beginhousing with servicesdeleted text endnew text begin assisted living servicesnew text end, 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 deleted text beginhousing with servicesdeleted text end settings that may
meet the prospective resident's needs;

(4) the prospective resident deleted text beginshalldeleted text endnew text begin mustnew text end be informed of the availability of deleted text begina face-to-facedeleted text endnew text begin
an in-person
new text end visitnew text begin from a long-term care consultation team membernew text end 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

(5) verification of counseling shall be generated and provided to the prospective resident
by Senior LinkAge Line upon completion of the telephone-based counseling.

(c) deleted text beginHousing with services establishments registered under chapter 144Ddeleted text endnew text begin An assisted
living facility licensed under chapter 144G
new text end shall:

(1) inform each prospective resident or the prospective resident's designated or legal
representative of the availability of and contact information for deleted text beginconsultationdeleted text endnew text begin options
counseling
new text end services under this subdivision;

(2) receive a copy of the verification of counseling prior to executing a deleted text beginlease or servicedeleted text end
contract with the prospective residentdeleted text begin, and prior to executing a service contract with
individuals who have previously entered into lease-only arrangements
deleted text end; and

(3) retain a copy of the verification of counseling as part of the resident's file.

(d) Emergency admissions to deleted text beginregistered housing with services establishmentsdeleted text endnew text begin licensed
assisted living facilities
new text end prior to consultation under paragraph (b) are permitted according
to policies established by the commissioner.

Sec. 3.

Minnesota Statutes 2020, section 256B.0911, subdivision 3d, is amended to read:


Subd. 3d.

Exemptionsnew text begin from long-term care options counseling for assisted
living
new text end.

Individuals shall be exempt from the requirements outlined in subdivision deleted text begin3cdeleted text endnew text begin 7enew text end in
the following circumstances:

(1) the individual is seeking a lease-only arrangement in a subsidized housing setting;

(2) the individual has previously received a long-term care consultation assessment
under deleted text beginthisdeleted text end sectionnew text begin 256B.0911new text end. In this instance, the assessor who completes the long-term
care consultationnew text begin assessmentnew text end will issue a verification code and provide it to the individual;

(3) the individual is receiving or is being evaluated for hospice services from a hospice
provider licensed under sections 144A.75 to 144A.755; or

(4) the individual has used financial planning services and created a long-term care plan
as defined by the commissioner in the 12 months prior to signing a lease or contract with a
deleted text begin registered housing with services establishmentdeleted text endnew text begin licensed assisted living facilitynew text end.

Sec. 4.

Minnesota Statutes 2020, section 256B.0911, subdivision 3e, is amended to read:


Subd. 3e.

deleted text beginConsultation