Bill Text: MN SF348 | 2011-2012 | 87th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Personal care assistance services modifications
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2011-05-10 - Senate file first reading, referred to Health and Human Services Reform [SF348 Detail]
Download: Minnesota-2011-SF348-Engrossed.html
Bill Title: Personal care assistance services modifications
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2011-05-10 - Senate file first reading, referred to Health and Human Services Reform [SF348 Detail]
Download: Minnesota-2011-SF348-Engrossed.html
1.2relating to human services; modifying personal care assistance services;
1.3amending Minnesota Statutes 2010, sections 256B.0625, subdivision 19a;
1.4256B.0652, subdivision 6.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 256B.0625, subdivision 19a, is amended to
1.7read:
1.8 Subd. 19a. Personal care assistance services. Medical assistance covers personal
1.9care assistance services in a recipient's home. Effective January 1, 2010, to qualify for
1.10personal care assistance services, a recipient must require assistance and be determined
1.11dependent in one activity of daily living as defined in section256B.0659, subdivision 1 ,
1.12paragraph (b), or in a Level I behavior as defined in section256B.0659, subdivision 1 ,
1.13paragraph (c).Beginning July 1, 2011, to qualify for personal care assistance services, a
1.14recipient must require assistance and be determined dependent in at least two activities
1.15of daily living as defined in section
256B.0659. Recipients or responsible parties must
1.16be able to identify the recipient's needs, direct and evaluate task accomplishment, and
1.17provide for health and safety. Approved hours may be used outside the home when normal
1.18life activities take them outside the home. To use personal care assistance services at
1.19school, the recipient or responsible party must provide written authorization in the care
1.20plan identifying the chosen provider and the daily amount of services to be used at school.
1.21Total hours for services, whether actually performed inside or outside the recipient's
1.22home, cannot exceed that which is otherwise allowed for personal care assistance services
1.23in an in-home setting according to sections256B.0651 to
256B.0656 . Medical assistance
1.24does not cover personal care assistance services for residents of a hospital, nursing facility,
2.1intermediate care facility, health care facility licensed by the commissioner of health, or
2.2unless a resident who is otherwise eligible is on leave from the facility and the facility
2.3either pays for the personal care assistance services or forgoes the facility per diem for the
2.4leave days that personal care assistance services are used. All personal care assistance
2.5services must be provided according to sections256B.0651 to
256B.0656 . Personal care
2.6assistance services may not be reimbursed if the personal care assistant is the spouse or
2.7paid guardian of the recipient or the parent of a recipient under age 18, or the responsible
2.8party or the family foster care provider of a recipient who cannot direct the recipient's own
2.9care unless, in the case of a foster care provider, a county or state case manager visits
2.10the recipient as needed, but not less than every six months, to monitor the health and
2.11safety of the recipient and to ensure the goals of the care plan are met. Notwithstanding
2.12the provisions of section256B.0659 , the unpaid guardian or conservator of an adult,
2.13who is not the responsible party and not the personal care provider organization, may be
2.14reimbursed to provide personal care assistance services to the recipient if the guardian or
2.15conservator meets all criteria for a personal care assistant according to section256B.0659 ,
2.16and shall not be considered to have a service provider interest for purposes of participation
2.17on the screening team under section256B.092, subdivision 7 .
2.18 Sec. 2. Minnesota Statutes 2010, section 256B.0652, subdivision 6, is amended to read:
2.19 Subd. 6. Authorization; personal care assistance and qualified professional.
2.20 (a) All personal care assistance services, supervision by a qualified professional, and
2.21additional services beyond the limits established in subdivision 11, must be authorized
2.22by the commissioner or the commissioner's designee before services begin except for the
2.23assessments established in subdivision 11 and section256B.0911 . The authorization for
2.24personal care assistance and qualified professional services under section256B.0659 must
2.25be completed within 30 days after receiving a complete request.
2.26 (b) The amount of personal care assistance services authorized must be based
2.27on the recipient's home care rating. The home care rating shall be determined by the
2.28commissioner or the commissioner's designee based on information submitted to the
2.29commissioner identifying the following for recipients with dependencies in two or more
2.30activities of daily living:
2.31 (1) total number of dependencies of activities of daily living as defined in section
2.32256B.0659
;
2.33 (2) presence of complex health-related needs as defined in section256B.0659 ; and
2.34 (3) presence of Level I behavior as defined in section256B.0659 .
3.1 (c) For persons meeting the criteria in paragraph (b), the methodology to determine
3.2total time for personal care assistance services for each home care rating is based on
3.3the median paid units per day for each home care rating from fiscal year 2007 data for
3.4the personal care assistance program. Each home care rating has a base level of hours
3.5assigned. Additional time is added through the assessment and identification of the
3.6following:
3.7 (1) 30 additional minutes per day for a dependency in each critical activity of daily
3.8living as defined in section256B.0659 ;
3.9 (2) 30 additional minutes per day for each complex health-related function as
3.10defined in section256B.0659 ; and
3.11 (3) 30 additional minutes per day for each behavior issue as defined in section
3.12256B.0659
, subdivision 4, paragraph (d).
3.13 (d) Effective July 1, 2011, the home care rating for recipients who have a dependency
3.14in one activity of daily living or level one behavior shall equal no more than two units
3.15per day.
3.16(e) A limit of 96 units of qualified professional supervision may be authorized for
3.17each recipient receiving personal care assistance services. A request to the commissioner
3.18to exceed this total in a calendar year must be requested by the personal care provider
3.19agency on a form approved by the commissioner.
1.3amending Minnesota Statutes 2010, sections 256B.0625, subdivision 19a;
1.4256B.0652, subdivision 6.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 256B.0625, subdivision 19a, is amended to
1.7read:
1.8 Subd. 19a. Personal care assistance services. Medical assistance covers personal
1.9care assistance services in a recipient's home. Effective January 1, 2010, to qualify for
1.10personal care assistance services, a recipient must require assistance and be determined
1.11dependent in one activity of daily living as defined in section
1.12paragraph (b), or in a Level I behavior as defined in section
1.13paragraph (c).
1.14
1.15
1.16be able to identify the recipient's needs, direct and evaluate task accomplishment, and
1.17provide for health and safety. Approved hours may be used outside the home when normal
1.18life activities take them outside the home. To use personal care assistance services at
1.19school, the recipient or responsible party must provide written authorization in the care
1.20plan identifying the chosen provider and the daily amount of services to be used at school.
1.21Total hours for services, whether actually performed inside or outside the recipient's
1.22home, cannot exceed that which is otherwise allowed for personal care assistance services
1.23in an in-home setting according to sections
1.24does not cover personal care assistance services for residents of a hospital, nursing facility,
2.1intermediate care facility, health care facility licensed by the commissioner of health, or
2.2unless a resident who is otherwise eligible is on leave from the facility and the facility
2.3either pays for the personal care assistance services or forgoes the facility per diem for the
2.4leave days that personal care assistance services are used. All personal care assistance
2.5services must be provided according to sections
2.6assistance services may not be reimbursed if the personal care assistant is the spouse or
2.7paid guardian of the recipient or the parent of a recipient under age 18, or the responsible
2.8party or the family foster care provider of a recipient who cannot direct the recipient's own
2.9care unless, in the case of a foster care provider, a county or state case manager visits
2.10the recipient as needed, but not less than every six months, to monitor the health and
2.11safety of the recipient and to ensure the goals of the care plan are met. Notwithstanding
2.12the provisions of section
2.13who is not the responsible party and not the personal care provider organization, may be
2.14reimbursed to provide personal care assistance services to the recipient if the guardian or
2.15conservator meets all criteria for a personal care assistant according to section
2.16and shall not be considered to have a service provider interest for purposes of participation
2.17on the screening team under section
2.18 Sec. 2. Minnesota Statutes 2010, section 256B.0652, subdivision 6, is amended to read:
2.19 Subd. 6. Authorization; personal care assistance and qualified professional.
2.20 (a) All personal care assistance services, supervision by a qualified professional, and
2.21additional services beyond the limits established in subdivision 11, must be authorized
2.22by the commissioner or the commissioner's designee before services begin except for the
2.23assessments established in subdivision 11 and section
2.24personal care assistance and qualified professional services under section
2.25be completed within 30 days after receiving a complete request.
2.26 (b) The amount of personal care assistance services authorized must be based
2.27on the recipient's home care rating. The home care rating shall be determined by the
2.28commissioner or the commissioner's designee based on information submitted to the
2.29commissioner identifying the following for recipients with dependencies in two or more
2.30activities of daily living:
2.31 (1) total number of dependencies of activities of daily living as defined in section
2.33 (2) presence of complex health-related needs as defined in section
2.34 (3) presence of Level I behavior as defined in section
3.1 (c) For persons meeting the criteria in paragraph (b), the methodology to determine
3.2total time for personal care assistance services for each home care rating is based on
3.3the median paid units per day for each home care rating from fiscal year 2007 data for
3.4the personal care assistance program. Each home care rating has a base level of hours
3.5assigned. Additional time is added through the assessment and identification of the
3.6following:
3.7 (1) 30 additional minutes per day for a dependency in each critical activity of daily
3.8living as defined in section
3.9 (2) 30 additional minutes per day for each complex health-related function as
3.10defined in section
3.11 (3) 30 additional minutes per day for each behavior issue as defined in section
3.13 (d) Effective July 1, 2011, the home care rating for recipients who have a dependency
3.14in one activity of daily living or level one behavior shall equal no more than two units
3.15per day.
3.16(e) A limit of 96 units of qualified professional supervision may be authorized for
3.17each recipient receiving personal care assistance services. A request to the commissioner
3.18to exceed this total in a calendar year must be requested by the personal care provider
3.19agency on a form approved by the commissioner.
