LTC assessment may be temporarily waived for HCBS waiver clients returning from a healthcare facility 2021, Regular Session HF2128/SF2360 Chapter 30, Article 12, Section 2 HHS omnibus bill Effective: Upon federal approval (the commissioner shall notify the revisor of statutes when federal approval is obtained) Short description A Medicaid beneficiary receiving home and community-based services who returns in less than 120 days from a healthcare facility stay is not required to have a long-term care assessment and support planning. Summary The statute guiding Minnesota’s long-term care assessment and support planning is changed by adding language to allow a person who receives HCBS and temporarily enters a hospital, institution of mental disease, nursing facility, intensive residential treatment services program, transitional care unit, or inpatient substance use disorder treatment setting for 121 days or less may return to the community under the same waiver services without requiring an assessment or reassessment, unless the person’s annual reassessment is otherwise due. The new language does not change the annual long-term care consultation reassessment requirements, payment for institutional or treatment services, Medicaid financial eligibility, or any other law. Implications The Medicaid beneficiaries impacted by this change include those receiving services under the Elderly, CADI, Alternative Care, and Disability waivers. Providers of customized living will want to monitor their clients upon return from healthcare facilities to make sure that the assessment of record still matches the client’s health needs. For Elderly Waiver beneficiaries, Minnesota statute 256R defines “change-in-condition reassessments,” where: (a)
The lead agency shall conduct a change-in-condition reassessment before the annual reassessment if a participant's condition changed due to a major health event, an emerging need or risk, or a worsening health condition, or when the current services do not meet the participant's needs.
CARE PROVIDERS OF MINNESOTA
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2021 LEGISLATIVE UPDATE BOOK
