1.1 	A bill for an act
1.2 	relating to human services; modifying case management
1.3 	of persons with mental retardation or related
1.4 	conditions; amending Minnesota Statutes 2004, sections
1.5 	256.045, subdivision 4a; 256B.092, subdivisions 7, 8.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2004, section 256.045,
1.8 	subdivision 4a, is amended to read:
1.9 		Subd. 4a.Case management appeals.  Any recipient of case
1.10 	management services pursuant to section 256B.092, who contests
1.11 	the county agency's action or failure to act in the provision of
1.12 	those services, other than a failure to act with reasonable
1.13 	promptness or a suspension, reduction, denial, or termination of
1.14 	services,must submit a written request for a conciliation
1.15 	conference to the county agency.  The county agency shall inform
1.16 	the commissioner of the receipt of a request when it is
1.17 	submitted and shall schedule a conciliation conference.  The
1.18 	county agency shall notify the recipient, the commissioner, and
1.19 	all interested persons of the time, date, and location of the
1.20 	conciliation conference.  The commissioner may assist the county
1.21 	by providing mediation services or by identifying other
1.22 	resources that may assist in the mediation between the parties.
1.23 	Within 30 days, the county agency shall conduct the conciliation
1.24 	conference and inform the recipient in writing of the action the
1.25 	county agency is going to take and when that action will be
2.1 	taken and notify the recipient of the right to a hearing under
2.2 	this subdivision.  The conciliation conference shall be
2.3 	conducted in a manner consistent with the commissioner's
2.4 	instructions.  If the county fails to conduct the conciliation
2.5 	conference and issue its report within 30 days, or, at any time
2.6 	up to 90 days after the conciliation conference is held, a
2.7 	recipient may submit to the commissioner a written request for a
2.8 	hearing before a state human services referee to determine
2.9 	whether case management services have been provided in
2.10 	accordance with applicable laws and rules or whether the county
2.11 	agency has assured that the services identified in the
2.12 	recipient's individual service plan have been delivered in
2.13 	accordance with the laws and rules governing the provision of
2.14 	those services.  The state human services referee shall
2.15 	recommend an order to the commissioner, who shall, in accordance
2.16 	with the procedure in subdivision 5, issue a final order within
2.17 	60 days of the receipt of the request for a hearing, unless the
2.18 	commissioner refuses to accept the recommended order, in which
2.19 	event a final order shall issue within 90 days of the receipt of
2.20 	that request.  The order may direct the county agency to take
2.21 	those actions necessary to comply with applicable laws or
2.22 	rules.  The commissioner may issue a temporary order prohibiting
2.23 	the demission of a recipient of case management services from a
2.24 	residential or day habilitation program licensed under chapter
2.25 	245A, while a county agency review process or an appeal brought
2.26 	by a recipient under this subdivision is pending, or for the
2.27 	period of time necessary for the county agency to implement the
2.28 	commissioner's order.  The commissioner shall not issue a final
2.29 	order staying the demission of a recipient of case management
2.30 	services from a residential or day habilitation program licensed
2.31 	under chapter 245A.

2.32 	Sec. 2. Minnesota Statutes 2004, section 256B.092,
2.33 	subdivision 7, is amended to read:
2.34 		Subd. 7.Screening teams.  For persons with mental
2.35 	retardation or a related condition, screening teams shall be
2.36 	established which shall evaluate the need for the level of care
3.1 	provided by residential-based and community-based habilitation
3.2 	services, residential services, residential-based and
3.3 	community-based training and habilitation services, and nursing
3.4 	facility services.  The evaluation shall address whether home
3.5 	and community-based services are appropriate for persons who are
3.6 	at risk of placement in an intermediate care facility for
3.7 	persons with mental retardation or related conditions, or for
3.8 	whom there is reasonable indication that they might require this
3.9 	level of care.  The screening team shall make an evaluation of
3.10 	need within 60 working days of a request for service by a person
3.11 	with mental retardation or related conditions, and within five
3.12 	working days of an emergency admission of a person to an
3.13 	intermediate care facility for persons with mental retardation
3.14 	or related conditions.  The screening team shall consist of the
3.15 	case manager for persons with mental retardation or related
3.16 	conditions, the person, the person's legal guardian or
3.17 	conservator, or the parent if the person is a minor, and a
3.18 	qualified mental retardation professional, as defined in the
3.19 	Code of Federal Regulations, title 42, section 483.430, as
3.20 	amended through June 3, 1988.  The case manager may also act as
3.21 	the qualified mental retardation professional if the case
3.22 	manager meets the federal definition.  County social service
3.23 	agencies may contract with a public or private agency or
3.24 	individual who is not a service provider for the person for the
3.25 	public guardianship representation required by the screening or
3.26 	individual service planning process.  The contract shall be
3.27 	limited to public guardianship representation for the screening
3.28 	and individual service planning activities.  The contract shall
3.29 	require compliance with the commissioner's instructions and may
3.30 	be for paid or voluntary services.  For persons determined to
3.31 	have overriding health care needs and are seeking admission to a
3.32 	nursing facility or an ICF/MR, or seeking access to home and
3.33 	community-based waivered services, a registered nurse must be
3.34 	designated as either the case manager or the qualified mental
3.35 	retardation professional.  For persons under the jurisdiction of
3.36 	a correctional agency, the case manager must consult with the
4.1 	corrections administrator regarding additional health, safety,
4.2 	and supervision needs.  The case manager, with the concurrence
4.3 	of the person, the person's legal guardian or conservator, or
4.4 	the parent if the person is a minor, may invite other
4.5 	individuals to attend meetings of the screening team.  No member
4.6 	of the screening team shall have any direct or indirect service
4.7 	provider interest in the case.  Nothing in this section shall be
4.8 	construed as requiring the screening team meeting to be separate
4.9 	from the service planning meeting.

4.10 	Sec. 3. Minnesota Statutes 2004, section 256B.092,
4.11 	subdivision 8, is amended to read:
4.12 		Subd. 8.Screening team duties.  The screening team shall:
4.13 	(a) review diagnostic data;
4.14 	(b) review health, social, and developmental assessment
4.15 	data using a uniform screening tool specified by the
4.16 	commissioner;
4.17 	(c) identify the level of services appropriate to maintain
4.18 	the person in the most normal and least restrictive setting that
4.19 	is consistent with the person's treatment needs;
4.20 	(d) identify other noninstitutional public assistance or
4.21 	social service that may prevent or delay long-term residential
4.22 	placement;
4.23 	(e) assess whether a person is in need of long-term
4.24 	residential care;
4.25 	(f) make recommendations regarding placement and payment
4.26 	for:  (1) social service or public assistance support, or both,
4.27 	to maintain a person in the person's own home or other place of
4.28 	residence; (2) training and habilitation service, vocational
4.29 	rehabilitation, and employment training activities; (3)
4.30 	community residential placement; (4) regional treatment center
4.31 	placement; or (5) a home and community-based service alternative
4.32 	to community residential placement or regional treatment center
4.33 	placement;
4.34 	(g) evaluate the availability, location, and quality of the
4.35 	services listed in paragraph (f), including the impact of
4.36 	placement alternatives on the person's ability to maintain or
5.1 	improve existing patterns of contact and involvement with
5.2 	parents and other family members;
5.3 	(h) identify the cost implications of recommendations in
5.4 	paragraph (f);
5.5 	(i) make recommendations to a court as may be needed to
5.6 	assist the court in making decisions regarding commitment of
5.7 	persons with mental retardation; and
5.8 	(j) inform the person and the person's legal guardian or
5.9 	conservator, or the parent if the person is a minor, that appeal
5.10 	may be made to the commissioner pursuant to section 256.045,
5.11 	subdivision 4a.