Page reviewed: 12/6/19

Page updated: 12/6/19

Legal authority

Minn. Stat. §256B.0911

Overview

Certain people can choose to waive their annual long-term services and supports (LTSS) reassessment when both of the following are true:

Note about terms

The terms used with different populations vary. People younger than 65 years old who live in a nursing facility receive a “new assessment.” People who receive Rule 185 developmental disability/related condition (DD/RC) case management receive an “annual reassessment.” On this page, “annual reassessment” refers to both situations.

Eligibility

DHS strongly encourages an annual reassessment for everyone. However, the following people, or their legal representatives, may waive their annual reassessment if they are not on a waiver waiting list:

If a person is on a waiver waiting list, the person must receive an annual reassessment to remain on the list.

Process for people younger than 65 years old who live in a nursing facility

A person younger than 65 years old who lives in a nursing facility may choose to waive the annual reassessment one year at a time (i.e., annually). The person may waive the annual reassessment for no more than two consecutive years.

The person must provide a written statement to the lead agency to waive the annual reassessment.

Process for people who receive Rule 185 DD/RC case management

This information applies to people who receive DD/RC case management either:

The DD/RC case manager must offer the person or legal representative (if applicable) an annual reassessment and the option to accept or waive it. There is no limit to the number of years the person/legal representative can waive the reassessment.

Before the person/legal representative can choose to waive the annual reassessment, the person must participate in an in-person planning meeting with the DD/RC case manager. The planning meeting also includes others chosen by the person.

Timeline

The planning meeting must occur at least three months before the anniversary month of the person’s previous assessment or reassessment. The DD/RC case manager may conduct the planning meeting at a regularly scheduled meeting time (e.g., the person’s mid-year meeting).

Instructions

During the planning meeting, the DD/RC case manager must work with the person to:

After the planning meeting, if there are no changes to the person’s support plan, the person/legal representative may choose to waive the annual reassessment.

If the person/legal representative chooses to waive the annual reassessment, the case manager must:

Additional resources

CBSM – Assessment applicability and timelines
CBSM – MnCHOICES
CBSM – Rule 185 case management