f. LTC assessment may be temporarily waived for HCBS waiver clients returning from a healthcare facility

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.

(b) A change-in-condition reassessment may be initiated by the lead agency, may be requested by the participant, or may be requested on the participant's behalf by another party, such as a service provider. (c) The lead agency shall: (1) complete a change-in-condition reassessment no later than 20 calendar days from the date of a request; (2) conduct a change-incondition reassessment in a timely manner and expedite urgent requests; and (3) evaluate urgent requests based on the participant's needs and the risk to the participant if a change-in-condition reassessment is not completed.

Bill language https://www.revisor.mn.gov/laws/2021/0/Session+Law/Chapter/30/

read: Sec. 2. Minnesota Statutes 2020, section 256B.0911, subdivision 3a, is amended to

Subd. 3a. Assessment and support planning. (n)If a person who receives home and community-based waiver services under section 256B.0913, 256B.092, or 256B.49 or chapter 256S temporarily enters for 121 days or fewer a hospital, institution of mental disease, nursing facility, intensive residential treatment services program, transitional care unit, or inpatient substance use disorder treatment setting, the person may return to the community with home and communitybased waiver services under the same waiver, without requiring an assessment or reassessment under this section, unless the person's annual reassessment is otherwise due. Nothing in this paragraph shall change annual long-term care consultation reassessment requirements, payment for institutional or treatment services, medical assistance financial eligibility, or any other law. EFFECTIVE DATE. This section is effective upon federal approval. The commissioner shall notify the revisor of statutes when federal approval is obtained.