1.1.................... moves to amend H.F. No. 2294, the delete everything amendment
1.2(H2294DE2), as follows:
1.3Page 32, after line 18, insert:
1.4 "Sec. .... Minnesota Statutes 2010, section 256.975, subdivision 7, is amended to read:
1.5 Subd. 7.
Consumer information and assistance and long-term care options
1.6counseling; Senior LinkAge Line. (a) The Minnesota Board on Aging shall operate a
1.7statewide service to aid older Minnesotans and their families in making informed choices
1.8about long-term care options and health care benefits. Language services to persons with
1.9limited English language skills may be made available. The service, known as Senior
1.10LinkAge Line, must be available during business hours through a statewide toll-free
1.11number and must also be available through the Internet.
1.12 (b) The service must provide long-term care options counseling by assisting older
1.13adults, caregivers, and providers in accessing information and options counseling about
1.14choices in long-term care services that are purchased through private providers or available
1.15through public options. The service must:
1.16 (1) develop a comprehensive database that includes detailed listings in both
1.17consumer- and provider-oriented formats;
1.18 (2) make the database accessible on the Internet and through other telecommunication
1.19and media-related tools;
1.20 (3) link callers to interactive long-term care screening tools and make these tools
1.21available through the Internet by integrating the tools with the database;
1.22 (4) develop community education materials with a focus on planning for long-term
1.23care and evaluating independent living, housing, and service options;
1.24 (5) conduct an outreach campaign to assist older adults and their caregivers in
1.25finding information on the Internet and through other means of communication;
1.26 (6) implement a messaging system for overflow callers and respond to these callers
1.27by the next business day;
2.1 (7) link callers with county human services and other providers to receive more
2.2in-depth assistance and consultation related to long-term care options;
2.3 (8) link callers with quality profiles for nursing facilities and other providers
2.4developed by the commissioner of health;
2.5 (9) incorporate information about the availability of housing options, as well as
2.6registered housing with services and consumer rights within the MinnesotaHelp.info
2.7network long-term care database to facilitate consumer comparison of services and costs
2.8among housing with services establishments and with other in-home services and to
2.9support financial self-sufficiency as long as possible. Housing with services establishments
2.10and their arranged home care providers shall provide information that will facilitate price
2.11comparisons, including delineation of charges for rent and for services available. The
2.12commissioners of health and human services shall align the data elements required by
2.13section
144G.06, the Uniform Consumer Information Guide, and this section to provide
2.14consumers standardized information and ease of comparison of long-term care options.
2.15The commissioner of human services shall provide the data to the Minnesota Board on
2.16Aging for inclusion in the MinnesotaHelp.info network long-term care database;
2.17(10) provide long-term care options counseling. Long-term care options counselors
2.18shall:
2.19(i) for individuals not eligible for case management under a public program or public
2.20funding source, provide interactive decision support under which consumers, family
2.21members, or other helpers are supported in their deliberations to determine appropriate
2.22long-term care choices in the context of the consumer's needs, preferences, values, and
2.23individual circumstances, including implementing a community support plan;
2.24(ii) provide Web-based educational information and collateral written materials to
2.25familiarize consumers, family members, or other helpers with the long-term care basics,
2.26issues to be considered, and the range of options available in the community;
2.27(iii) provide long-term care futures planning, which means providing assistance to
2.28individuals who anticipate having long-term care needs to develop a plan for the more
2.29distant future; and
2.30(iv) provide expertise in benefits and financing options for long-term care, including
2.31Medicare, long-term care insurance, tax or employer-based incentives, reverse mortgages,
2.32private pay options, and ways to access low or no-cost services or benefits through
2.33volunteer-based or charitable programs;
and
2.34(11) using risk management and support planning protocols, provide long-term care
2.35options counseling to current residents of nursing homes deemed appropriate for discharge
2.36by the commissioner. In order to meet this requirement, the commissioner shall provide
3.1designated Senior LinkAge Line contact centers with a list of nursing home residents
3.2appropriate for discharge planning via a secure Web portal. Senior LinkAge Line shall
3.3provide these residents, if they indicate a preference to receive long-term care options
3.4counseling, with initial assessment, review of risk factors, independent living support
3.5consultation, or referral to:
3.6(i) long-term care consultation services under section
256B.0911;
3.7(ii) designated care coordinators of contracted entities under section
256B.035 for
3.8persons who are enrolled in a managed care plan; or
3.9(iii) the long-term care consultation team for those who are appropriate for relocation
3.10service coordination due to high-risk factors or psychological or physical disability
; and
3.11(12) develop referral protocols and processes that will assist certified health care
3.12homes and hospitals to identify at-risk older adults and determine when to refer these
3.13individuals to the Senior LinkAge Line for long-term care options counseling under this
3.14section. The commissioner is directed to work with the commissioner of health to develop
3.15protocols that would comply with the health care home designation criteria and protocols
3.16available at the time of hospital discharge."
3.17Page 37, delete section 9 and insert:
3.18 "Sec. .... Minnesota Statutes 2011 Supplement, section 256B.0911, subdivision 3c,
3.19is amended to read:
3.20 Subd. 3c.
Consultation for housing with services. (a) The purpose of long-term
3.21care consultation for registered housing with services is to support persons with current or
3.22anticipated long-term care needs in making informed choices among options that include
3.23the most cost-effective and least restrictive settings. Prospective residents maintain the
3.24right to choose housing with services or assisted living if that option is their preference.
3.25 (b) Registered housing with services establishments shall inform all prospective
3.26residents
or the prospective resident's designated or legal representative of the
availability
3.27of long-term care consultation and the need to receive and verify the consultation prior
3.28to signing a lease or contract requirement for long-term care options counseling and the
3.29opportunity to decline long-term care options counseling. Prospective residents declining
3.30long-term care options counseling are required to sign a waiver form designated by the
3.31commissioner and supplied by the provider. The housing with services establishment shall
3.32maintain copies of signed waiver forms or verification that the consultation was conducted
3.33for audit for a period of three years. Long-term care consultation for registered housing
3.34with services is provided as determined by the commissioner of human services. The
3.35service is delivered under a partnership between lead agencies as defined in subdivision 1a,
3.36paragraph (d), and the Area Agencies on Aging, and is a point of entry to a combination
4.1of telephone-based long-term care options counseling provided by Senior LinkAge Line
4.2and in-person long-term care consultation provided by lead agencies. The point of entry
4.3service must be provided within five working days of the request of the prospective
4.4resident as follows:
4.5 (1)
the consultation shall be conducted with the prospective resident, or in the
4.6alternative, the resident's designated or legal representative, if:
4.7(i) the resident verbally requests; or
4.8(ii) the registered housing with services provider has documentation of the
4.9designated or legal representative's authority to enter into a lease or contract on behalf of
4.10the prospective resident and accepts the documentation in good faith;
4.11(2) the consultation shall be performed in a manner that provides objective and
4.12complete information;
4.13 (2) (3) the consultation must include a review of the prospective resident's reasons
4.14for considering housing with services, the prospective resident's personal goals, a
4.15discussion of the prospective resident's immediate and projected long-term care needs,
4.16and alternative community services or housing with services settings that may meet the
4.17prospective resident's needs;
4.18 (3) (4) the prospective resident shall be informed of the availability of a face-to-face
4.19visit at no charge to the prospective resident to assist the prospective resident in assessment
4.20and planning to meet the prospective resident's long-term care needs; and
4.21(4) (5) verification of counseling shall be generated and provided to the prospective
4.22resident by Senior LinkAge Line upon completion of the telephone-based counseling.
4.23(c) Housing with services establishments registered under chapter 144D shall:
4.24(1) inform all prospective residents
or the prospective resident's designated or legal
4.25representative of the availability of and contact information for consultation services
4.26under this subdivision;
4.27(2)
except for individuals seeking lease-only arrangements in subsidized housing
4.28settings, receive a copy of the verification of counseling prior to executing a lease or
4.29service contract with the prospective resident, and prior to executing a service contract
4.30with individuals who have previously entered into lease-only arrangements; and
4.31(3) retain a copy of the verification of counseling as part of the resident's file.
4.32 Sec. .... Minnesota Statutes 2010, section 256B.0911, is amended by adding a
4.33subdivision to read:
4.34 Subd. 3d. Exemptions. Individuals shall be exempt from the requirements outlined
4.35in subdivision 3c in the following circumstances:
5.1(1) the individual is seeking a lease-only arrangement in a subsidized housing
5.2setting; or
5.3(2) the individual has previously received a long-term care consultation assessment
5.4under this section. In this instance, the assessor who completes the long-term care
5.5consultation will issue a verification code and provide it to the individual."
5.6Renumber the sections in sequence and correct the internal references
5.7Amend the title accordingly