.................... moves to amend H.F. No. 1233, the delete everything amendment
(A13-0408), as follows:
Page 186, after line 21, insert:
"Sec. .... Minnesota Statutes 2012, section 256B.49, subdivision 14, is amended to read:
Subd. 14. Assessment and reassessment.
(a) Assessments and reassessments
shall be conducted by certified assessors according to section 256B.0911, subdivision 2b.
With the permission of the recipient or the recipient's designated legal representative,
the recipient's current provider of services may submit a written report outlining their
recommendations regarding the recipient's care needs prepared by a direct service
employee with at least 20 hours of service to that client. The person conducting the
assessment or reassessment must notify the provider of the date by which this information
is to be submitted. This information shall be provided to the person conducting the
assessment and the person or the person's legal representative and must be considered
prior to the finalization of the assessment or reassessment.
(b) There must be a determination that the client requires a hospital level of care or a
nursing facility level of care as defined in section
, subdivision 4a, paragraph
(d), at initial and subsequent assessments to initiate and maintain participation in the
(c) Regardless of other assessments identified in section
144.0724, subdivision 4
appropriate to determine nursing facility level of care for purposes of medical assistance
payment for nursing facility services, only face-to-face assessments conducted according
256B.0911, subdivisions 3a
, 3b, and 4d, that result in a hospital level of care
determination or a nursing facility level of care determination must be accepted for
purposes of initial and ongoing access to waiver services payment.
(d) Recipients who are found eligible for home and community-based services under
this section before their 65th birthday may remain eligible for these services after their
65th birthday if they continue to meet all other eligibility factors.
(e) The commissioner shall develop criteria to identify recipients whose level of
functioning is reasonably expected to improve and reassess these recipients to establish
a baseline assessment. Recipients who meet these criteria must have a comprehensive
transitional service plan developed under subdivision 15, paragraphs (b) and (c), and be
reassessed every six months until there has been no significant change in the recipient's
functioning for at least 12 months. Upon federal approval, if the recipient is able to
2.7have his or her needs met through alternative services in a less restrictive setting, the
2.8case manager shall help the recipient develop a plan to transition to an appropriate less
After there has been no significant change in the recipient's functioning
for at least 12 months, reassessments of the recipient's strengths, informal support systems,
and need for services shall be conducted at least every 12 months and at other times
when there has been a significant change in the recipient's functioning. Counties, case
managers, and service providers are responsible for conducting these reassessments and
shall complete the reassessments out of existing funds.
2.15EFFECTIVE DATE.This section if effective January 1, 2014.