Probate & Trust Law Section Conference Manual ... - Minnesota CLE

Art.2, Sec. 21, amends Minn. Stat. § 256B.0911, by adding a new subd. 4e, to
provide that the determination of the need for nursing facility, hospital, and
intermediate care facility levels of care must be made according to criteria
developed by the commissioner and in section 256B.092, using forms developed
by the commissioner. Effective January 1, 2014 (subject o approval of the Reform
2020 Waiver Request) for individuals age 21 and older, the determination of need
for nursing facility level of care must be based on the criteria in section 144.0724,
subd. 11 (the new increased NF LOC criteria). For individuals under age 21, the
determination of the need must be based on the criteria in section 144.0724, subd.
11, effective on or after October 1, 2019. 46
Art. 2, Sec. 23, amends Minn. Stat. § 256B.0911, subd. 7, to provide that a
nursing home facility may not bill a person who is not a medical assistance
recipient for resident days that precede the date of completion of a screening
required by section 256.975, subds. 7a to 7c.
Art. 2, Sec. 24, amends Minn. Stat. § 256B.0913, subd. 4, to provide that an
individual must be at risk of nursing home placement to obtain Alternative Care
benefits.
Art. 2, Sec. 26, amends Minn. Stat. § 256B.0917, by adding a new subd. 1a to
authorize the Commissioner of Human Services to fund a project to make strategic
changes in the long-term services and supports system for older adults including
statewide capacity for local service development and technical assistance, and
statewide availability of home and community-based services for old adult
services, caregiver support and respite care services, and other supports in the state
of Minnesota. These projects are intended to create incentives for new and
expanded home and community-based services. These projects are intended, in
part, to reach older adults in early stages of need to delay the use of more costly
services, support older adults to live in community settings, support informal
caregivers, build community-based approaches and community commitment to
delivering long-term services and supports for older adults in their own homes,
strengthen and develop additional home and community-based services and
alternatives to nursing homes and other residential services, and strengthen
programs that use volunteers. 47
46 The Affordable Care Act has different provisions that apply to children under age 21 who
would be eligible for the federally mandated Children’s Health Insurance Program (CHIP),
which is part of medical assistance.
47 This list of goals for health care projects is a concise statement of the State’s plan to redesign
home and community-based services in Minnesota. The primary goal is keeping older adults
46