At a September 22 videoconference, the Minnesota Department of Human Services (DHS) unveiled some important details on the October 1 implementation of mandatory transitional consultation, and released some documents that providers, residents and prospective residents will use to implement it. (Note that while we call it "mandatory transitional consultation," the state refers to it as long-term care options counseling here.) In a first for a DHS video conference, the audio version of a Minnesota Public Radio story featuring our CEO Patti Cullen’s comments on mandatory transitional consultation was played for the statewide audience. View the 58-slide presentation from the videoconference here. Most of the important content is in the written presentation, with one exception that we will note at the end of this article. The first 40 slides repeat what was presented at the DHS road shows in late August and early September. The important implementation details begin on slide 41, and slide 50 contains a one-page visual summary of mandatory transitional consultation. If you need to review the legislative language on this, please visit our legislative update book here (scroll down to section VII, Housing).

Below are links to new materials on mandatory transitional consultation:

1) A September 22 letter to providers will be mailed with “a sample of the materials that must be provided to each prospective resident.” We are aware of one piece, the consumer brochure available here. The letter states that a bulletin will be issued on implementation of this new requirement. Our best guess is that this will happen before October. Once the bulletin is issued, we will email members a link to it.

2) Housing with services providers will fill out the online after-hour move ins – registered housing with services form when a resident is admitted outside of the business hours of the Senior LinkAge Line®; those hours are Monday through Friday from 8 a.m. to 4:30 p.m. In a provision that was finalized without stakeholders’ review or comment, the form ends with the following language:

“Note: In order to submit this form indicating the client is signing a lease and moving in after-hours based on an emergency or crisis, the housing with services representative needs to get permission from the consumer to provide their personal data to the Senior LinkAge Line®. Please inform the consumer that the Senior LinkAge Line® is concerned about the security and privacy of personal information in its possession; therefore it takes reasonable and legally mandated state and federal precautions to safeguard and secure the information from loss, misuse, unauthorized access, disclosure, alteration, and destruction.

"By submitting this information, I, as the housing provider designee confirm that I have received written permission from the consumer to collect personal information for the Senior LinkAge Line® and submit the information via this online form. I certify that the information included in this submission is true and complete to the best of my knowledge, without omission of any consequence.”

3) The verification code document will be mailed to prospective residents after their phone call with the Senior LinkAge Line®.

One outstanding issue that was addressed verbally but is not part of the written presentation is the question of who can speak for a prospective resident when they can not speak for themselves. The Senior LinkAge Line® will only allow the following people, other than the prospective resident, to receive the verification number over the phone: a legal guardian, someone with a power of attorney, or the personal representative of the resident who signed the lease. Written validation of the first two options will need to be faxed over to the Senior LinkAge Line®. The third option will need to be validated by the housing with services provider, who must obtain a release of information from the personal representative who signed the lease agreement, stating that the personal representative is in fact the personal representative. Confused? So am I. The specific details of this provision and others will be released in an upcoming DHS bulletin. DHS also plans on posting a frequently asked questions document on their website and the Minnesota Board on Aging website.

We will send any clarifications or additional supportive materials to members as soon as they are available. We realize that looking at all of the newsletter stories from us, the explanatory presentations from DHS and now the collateral pieces from the Senior LinkAge Line® could leave members wondering how to comply with the new law. If you have questions, please contact me at pmanz@careproviders.org or 952-851-2484.

Phil Manz
952.851.2484
pmanz@careproviders.org

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