1.1.................... moves to amend H.F. No. 2434, the second engrossment, as follows:
1.2Page 29, after line 21, insert:

1.3    "Sec. .... Minnesota Statutes 2024, section 256B.0911, subdivision 1, is amended to read:
1.4    Subdivision 1. Purpose and goal. (a) The purpose of long-term care consultation services
1.5is to assist persons with long-term or chronic care needs in making care decisions and
1.6selecting support and service options that meet their needs and reflect their preferences.
1.7The availability of, and access to, information and other types of assistance, including
1.8long-term care consultation assessment and support planning, is also intended to prevent
1.9or delay institutional placements and to provide access to transition assistance after
1.10placement. Further, the goal of long-term care consultation services is to contain costs
1.11associated with unnecessary institutional admissions. Long-term care consultation services
1.12must be available to any person regardless of public program eligibility.
1.13(b) The commissioner of human services shall seek to maximize use of available federal
1.14and state funds and establish the broadest program possible within the funding available.
1.15(c) Long-term care consultation services must be coordinated with long-term care options
1.16counseling, long-term care options counseling for assisted living at critical care transitions,
1.17the Disability Hub, and preadmission screening.
1.18(d) A lead agency providing long-term care consultation services shall encourage the
1.19use of volunteers from families, religious organizations, social clubs, and similar civic and
1.20service organizations to provide community-based services.

1.21    Sec. .... Minnesota Statutes 2024, section 256B.0911, subdivision 10, is amended to read:
1.22    Subd. 10. Definitions. (a) For purposes of this section, the following definitions apply.
2.1(b) "Available service and setting options" or "available options," with respect to the
2.2home and community-based waivers under chapter 256S and sections 256B.092 and 256B.49,
2.3means all services and settings defined under the waiver plan for which a waiver applicant
2.4or waiver participant is eligible.
2.5(c) "Competitive employment" means work in the competitive labor market that is
2.6performed on a full-time or part-time basis in an integrated setting, and for which an
2.7individual is compensated at or above the minimum wage, but not less than the customary
2.8wage and level of benefits paid by the employer for the same or similar work performed by
2.9individuals without disabilities.
2.10(d) "Cost-effective" means community services and living arrangements that cost the
2.11same as or less than institutional care. For an individual found to meet eligibility criteria
2.12for home and community-based service programs under chapter 256S or section 256B.49,
2.13"cost-effectiveness" has the meaning found in the federally approved waiver plan for each
2.14program.
2.15(e) "Independent living" means living in a setting that is not controlled by a provider.
2.16(f) "Informed choice" has the meaning given in section 256B.4905, subdivision 1a.
2.17(g) "Lead agency" means a county administering or a Tribe or health plan under contract
2.18with the commissioner to administer long-term care consultation services.
2.19(h) "Long-term care consultation services" means the activities described in subdivision
2.2011.
2.21(i) "Long-term care options counseling" means the services provided by sections 256.01,
2.22subdivision 24, and 256.975, subdivision 7, and also includes telephone assistance and
2.23follow-up after a long-term care consultation assessment has been completed.
2.24(j) "Long-term care options counseling for assisted living at critical care transitions"
2.25means the services provided under section 256.975, subdivisions subdivision 7e to 7g.
2.26(k) "Minnesota health care programs" means the medical assistance program under this
2.27chapter and the alternative care program under section 256B.0913.
2.28(l) "Person-centered planning" is a process that includes the active participation of a
2.29person in the planning of the person's services, including in making meaningful and informed
2.30choices about the person's own goals, talents, and objectives, as well as making meaningful
2.31and informed choices about the services the person receives, the settings in which the person
2.32receives the services, and the setting in which the person lives.
3.1(m) "Preadmission screening" means the services provided under section 256.975,
3.2subdivisions 7a to 7c.

3.3    Sec. .... Minnesota Statutes 2024, section 256B.0911, subdivision 13, is amended to read:
3.4    Subd. 13. MnCHOICES assessor qualifications, training, and certification. (a) The
3.5commissioner shall develop and implement a curriculum and an assessor certification
3.6process.
3.7(b) MnCHOICES certified assessors must have received training and certification specific
3.8to assessment and consultation for long-term care services in the state and either:
3.9(1) either have a bachelor's at least an associate's degree in social work human services,
3.10or other closely related field;
3.11(2) have at least an associate's degree in nursing with a public health nursing certificate,
3.12or other closely related field; or
3.13(3) be a registered nurse; and.
3.14(2) have received training and certification specific to assessment and consultation for
3.15long-term care services in the state.
3.16(c) Certified assessors shall demonstrate best practices in assessment and support
3.17planning, including person-centered planning principles, and have a common set of skills
3.18that ensures consistency and equitable access to services statewide.
3.19(d) Certified assessors must be recertified every three years.

3.20    Sec. .... Minnesota Statutes 2024, section 256B.0911, subdivision 14, is amended to read:
3.21    Subd. 14. Use of MnCHOICES certified assessors required. (a) Each lead agency
3.22shall use MnCHOICES certified assessors who have completed MnCHOICES training and
3.23the certification process determined by the commissioner in subdivision 13.
3.24(b) Each lead agency must ensure that the lead agency has sufficient numbers of certified
3.25assessors to provide long-term consultation assessment and support planning within the
3.26timelines and parameters of the service.
3.27(c) A lead agency may choose, according to departmental policies, to contract with a
3.28qualified, certified assessor to conduct assessments and reassessments on behalf of the lead
3.29agency.
4.1(d) Tribes and health plans under contract with the commissioner must provide long-term
4.2care consultation services as specified in the contract.
4.3(e) A lead agency must provide the commissioner with an administrative contact for
4.4communication purposes.
4.5(f) A lead agency may contract under this subdivision with any hospital licensed under
4.6sections 144.50 to 144.56 to conduct assessments of patients in the hospital on behalf of
4.7the lead agency when the lead agency has failed to meet its obligations under subdivision
4.817. The contracted assessment must be conducted by a hospital employee who is a qualified,
4.9certified assessor. The hospital employees who perform assessments under the contract
4.10between the hospital and the lead agency may perform assessments in addition to other
4.11duties assigned to the employee by the hospital, except the hospital employees who perform
4.12the assessments under contract with the lead agency must not perform any waiver-related
4.13tasks other than assessments. Hospitals are not eligible for reimbursement under subdivision
4.1433. The lead agency that enters into a contract with a hospital under this paragraph is
4.15responsible for oversight, compliance, and quality assurance for all assessments performed
4.16under the contract.

4.17    Sec. .... Minnesota Statutes 2024, section 256B.0911, subdivision 17, is amended to read:
4.18    Subd. 17. MnCHOICES assessments. (a) A person requesting long-term care
4.19consultation services must be visited by a long-term care consultation team must begin an
4.20assessment of a person requesting long-term care consultation services or for whom long-term
4.21care consultation services were recommended, including an estimated timeline to full
4.22completion of the assessment within 20 working days after the date on which an assessment
4.23was requested or recommended.
4.24(b) Assessments must be conducted according to this subdivision and subdivisions 19
4.25to 21, 23, 24, and 29 to 31.
4.26(b) (c) Lead agencies shall use certified assessors to conduct the assessment.
4.27(c) (d) For a person with complex health care needs, a public health or registered nurse
4.28from the team must be consulted.
4.29(d) (e) The lead agency must use the MnCHOICES assessment provided by the
4.30commissioner to complete a comprehensive, conversation-based, person-centered assessment.
4.31The assessment must include the health, psychological, functional, environmental, and
4.32social needs of the individual necessary to develop a person-centered assessment summary
4.33that meets the individual's needs and preferences.
5.1(e) (f) Except as provided in subdivision 24, an assessment must be conducted by a
5.2certified assessor in an in-person conversational interview with the person being assessed."
5.3Page 30, line 22, after "attestation" insert "or alternative" and before "Effective" insert
5.4"(a)"
5.5Page 30, line 24, after "attestation" insert "or another alternative" and before the period,
5.6insert "for service initiation"
5.7Page 30, after line 24, insert:
5.8"(b) Within 30 days of completion of a reassessment, an assessor must send a request
5.9for written attestation via mail to obtain a signature from the service recipient."
5.10Page 31, after line 23, insert:
5.11"(f) The person has appeal rights under sections 256.045, subdivision 3, upon denial of
5.12attestation to no changes in needs or services."
5.13Page 32, after line 10, insert:

5.14    "Sec. .... Minnesota Statutes 2024, section 256B.0911, subdivision 30, is amended to read:
5.15    Subd. 30. Assessment and support planning; supplemental information. The lead
5.16agency must give the person receiving long-term care consultation services or the person's
5.17legal representative materials and forms supplied by the commissioner containing the
5.18following information:
5.19(1) written recommendations for community-based services and consumer-directed
5.20options;
5.21(2) documentation that the most cost-effective alternatives available were offered to the
5.22person;
5.23(3) the need for and purpose of preadmission screening conducted by long-term care
5.24options counselors according to section 256.975, subdivisions 7a to 7c, if the person selects
5.25nursing facility placement. If the person selects nursing facility placement, the lead agency
5.26shall forward information needed to complete the level of care determinations and screening
5.27for developmental disability and mental illness collected during the assessment to the
5.28long-term care options counselor using forms provided by the commissioner;
5.29(4) the role of long-term care consultation assessment and support planning in eligibility
5.30determination for waiver and alternative care programs and state plan home care, case
5.31management, and other services as defined in subdivision 11, clauses (7) to (10);
6.1(5) information about Minnesota health care programs;
6.2(6) the person's freedom to accept or reject the recommendations of the team;
6.3(7) the person's right to confidentiality under the Minnesota Government Data Practices
6.4Act, chapter 13;
6.5(8) the certified assessor's decision regarding the person's need for institutional level of
6.6care as determined under criteria established in subdivision 26 and regarding eligibility for
6.7all services and programs as defined in subdivision 11, clauses (7) to (10);
6.8(9) the person's right to appeal the certified assessor's decision regarding eligibility for
6.9all services and programs as defined in subdivision 11, clauses (5), (7) to (10), and (15),
6.10and the decision regarding the need for institutional level of care, an attestation to no changes
6.11in needs or services, or the lead agency's final decisions regarding public programs eligibility
6.12according to section 256.045, subdivision 3. The certified assessor must verbally
6.13communicate this appeal right to the person and must visually point out where in the
6.14document the right to appeal is stated; and
6.15(10) documentation that available options for employment services, independent living,
6.16and self-directed services and supports were described to the person.

6.17    Sec. .... Minnesota Statutes 2024, section 256B.0911, is amended by adding a subdivision
6.18to read:
6.19    Subd. 34. Dashboard on assessment completions. (a) The commissioner shall maintain
6.20a dashboard on the department's public website containing summary data on the completion
6.21of assessments under this section. The commissioner must update the dashboard at least
6.22twice per year.
6.23(b) The dashboard must include:
6.24(1) the total number of assessments performed since the previous reporting period, by
6.25lead agency;
6.26(2) the total number of initial assessments performed since the previous reporting period,
6.27by lead agency;
6.28(3) the total number of reassessments performed since the previous reporting period, by
6.29lead agency;
6.30(4) the number and percentage of assessments completed within the required timeline,
6.31by a lead agency;
7.1(5) the average length of time to complete an assessment, by a lead agency;
7.2(6) summary data of the location in which the assessments were performed, by lead
7.3agency; and
7.4(7) other information the commissioner determines is valuable to assess the capacity of
7.5lead agencies to complete assessments within the timelines prescribed by law."
7.6Page 218, after line 23, insert:
7.7"(a) MnCHOICES Systems Costs. $38,000
7.8in fiscal year 2027 is for systems costs related
7.9to MnCHOICES modifications. This is a
7.10onetime appropriation."
7.11Page 218, line 24, before "The" insert "(b) Base Level Adjustment."
7.12Renumber the sections in sequence and correct the internal references
7.13Amend the title accordingly