Commissioner Jesson Responds to Imperative Letter on Mandatory Consultation

In late August, the Long-Term Care Imperative wrote DHS Commissioner Lucinda Jesson regarding Aging Services of Minnesota’s concerns with the mandatory consultation/LTC Options Counseling law. They raised a number of concerns including personal autonomy, privacy, provisions for emergencies and short stays, surrogate decision-makers, and other issues (see Aging Services of Minnesota’s letter for details).

In her response, Commissioner Jesson says, “We understand that this initiative needs to strike a delicate balance between its intent to provide information to all persons seeking to sign a lease with a housing-with-services setting and not being intrusive into peoples’ lives.” Her letter goes on to state clearly that clients can refuse or decline the counseling and goes on to say “there is no penalty, nor intent, to bar anyone from receiving services or signing a lease.” However, Aging Services notes that we expect that there will be penalties for providers who execute leases without obtaining the clients’ verification code. Click here to read Jesson’s entire response.

One of the Imperative’s concerns is the ongoing capacity of Senior LinkAge Line^R to be able to respond to consumer calls within one business day–which is the current policy. Jesson states that the Minnesota Board on Aging will continue to monitor response time.

The letter includes no new information regarding whether Senior LinkAge Line^R will require any verification of identity for someone calling on behalf of a prospective tenant. Nor has the definition of subsidized housing, which has an exemption from the consultation requirement, been determined.

Aging Services remains opposed to the new law. While the law will take effect on Oct.1, 2011, Aging Services is actively lobbying our Legislature on this issue. Because the proposal never received a public hearing of any kind prior to its passage, many lawmakers are unfamiliar with this law. As we talk with lawmakers over the interim, it is clear that once lawmakers understand that the requirement to obtain a verification code prior to moving into housing-with-services establishment applies to anyone, regardless of payor source, there is growing opposition to the law. We urge you to discuss this issue with your legislator prior to the 2012 Legislative Session.

Article from: Aging Services of Minnesota which Welcome Home Management is a member.