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S.F. No. 2933 - Personal Care Assistance Services and Waivered Services Timeline Assessment Modifications
 
Author: Senator Paul J. Utke
 
Prepared By: Liam Monahan, Senate Analyst (651/296-1791)
 
Date: March 9, 2018



 

SF 2933 modifies various statutes related to assessments and reassessments for long-term services and supports.  Currently, nearly all individuals receiving state-funded home and community-based services or case management for individuals with developmental disabilities must be reassessed annually using a comprehensive person-centered planning tool called MnCHOICES, and counties must contribute to the cost of these assessments.  This bill removes various individuals with stable care needs from the MnCHOICES tool and allows others to opt into an abbreviated assessment.  The bill also attempts to increase the efficiency of the MnCHOICES tool, requires the commissioner to study and report on increasing efficiencies in the McCHOICES process, and sunsets the county share.

Sections 1 and 2 (256B.0659, subdivisions 3a and 3b). For technical reasons having to do with Minnesota Statutes, section 256B.0659, subdivision 3a, paragraph (b), and after a brief consultation with the Revisor’s office, section 2 reenacts the Personal Care Assistance (PCA) assessment statute, which is repealed in section 16.  Repealing and reenacting the PCA assessment statute allows the existing PCA language to continue to control even after the implementation of MnCHOICES referenced in subdivision 3a, paragraph (b).

Section 3 (256B.0659, subdivision 6) extends the timeline for completing PCA service plans from ten working days to 30 working days after an assessment for PCA services.

Section 4 (256B.0911, subdivision 1a, paragraph (b)) removes from the MnCHOICES assessment process service eligibility determinations for home care nursing, PCA services, and community first services and supports, as well as reassessments for people with developmental disabilities who are receiving only Rule 185 case management services. The amended language does NOT remove from the MnCHOICES process service eligibility determinations for vulnerable adult-targeted case management or relocation-targeted case management.

Section 5 (256B.0911, subdivision 3a, paragraphs (a) and (g)) makes conforming changes by striking from the MnCHOICES statute references to PCA services and home care nursing.

Paragraph (e) reduces the timeline for completing a community support plan from 40 calendar days to 20 working days following a comprehensive MnCHOICES assessment.

Section 6 (256B.0911, subdivision 3f) allows a person to elect to use an abbreviated MnCHOICES assessment during an annual reassessment to maintain eligibility for the services the person is currently receiving if the person is not interested in repeating the comprehensive person-centered planning process currently required to maintain eligibility for certain home and community-based services (HCBS).

Section 7 (256B.0911, subdivision 5)

Paragraph (c) requires the Commissioner of Human Services, in cooperation with lead agencies, to develop and collect data on a set of measures of increasing efficiency in the MnCHOICES assessment process, and to report an analysis of that data to lead agencies and to the Legislature.  Paragraphs (a) and (b) contain existing requirements that the commissioner make the assessment process more efficient.  This paragraph requires the commissioner to demonstrate that the process is becoming more efficient.

Paragraph (d) requires the commissioner, in cooperation with lead agencies, to develop an abbreviated MnCHOICES assessment tool that is sufficient to demonstrate a person’s continuing eligibility for the services the person is currently receiving without requiring a person to participate in the comprehensive person-centered planning process.

Section 8 (256B.0911, subdivision 6, paragraph (i)) makes a technical change by removing the MnCHOICES county cost-sharing language from subdivision 6 and moving an amended version of the language to subdivision 6b.

Section 9 (256B.0911, subdivision 6b) contains the relocated MnCHOICES county cost-share language, amended to sunset the cost-sharing requirement on July 1, 2020.

Section 10 (256B.0915, subdivision 5) amends the elderly waiver statute to permit lead agencies to use a new abbreviated MnCHOICES assessment tool to establish continuing eligibility for services under the elderly waiver.

Section 11 (256B.0915, subdivision 6) amends the elderly waiver statute by increasing to 30 working days the existing ten working day timeline for case managers to provide an elderly waiver participant with a written coordinated services and support plan after receiving the participant’s community support plan from a certified MnCHOICES assessor.

Section 12 (256B.092, subdivision 1b) amends the developmental disability waiver statute by increasing to 30 working days the existing ten working day timeline for case managers to provide an elderly waiver participant with a written coordinated services and support plan after receiving the participant’s community support plan from a certified MnCHOICES assessor.

Section 13 (256B.092, subdivision 1g) amends the developmental disability waiver statute to permit individuals who are currently receiving only Rule 185 case management services to make an informed choice to decline a MnCHOICES reassessment.

Section 14 (256B.49, subdivision 13) amends the statute governing the traumatic brain injury (TBI), community alternative for disabled individuals (CADI), and community alternative care (CAC) waivers by increasing to 30 working days the existing ten working day timeline for case managers to provide an elderly waiver participant with a written coordinated services and support plan after receiving the participant’s community support plan from a certified MnCHOICES assessor.

Section 15 (256B.49, subdivision 14) amends the statute governing the TBI, CADI, and CAC waivers to permit lead agencies to use a new abbreviated MnCHOICES assessment tool to establish continuing eligibility for services under these waivers.

Section 16 (Repealer) repeals the PCA assessment statutes that is reenacted in section 2.

 
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