SF 1726

Introduction - 85th Legislature (2007 - 2008)

Posted on 12/15/2009 12:00 a.m.

A bill for an act
relating to human services; establishing a personal care assistant service plan
renewal deadline; requiring a study; amending Minnesota Statutes 2006, section
256B.0655, subdivision 3.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 256B.0655, subdivision 3, is amended to
read:

Subd. 3.

Assessment and service plan.

Assessments under subdivision 1b
and sections 256B.0651, subdivision 1, paragraph (b), and 256B.0654, subdivision 1,
paragraph (a), shall be conducted initially, and at least annually thereafter, in person
with the recipient and result in a completed service plan using forms specified by the
commissioner. Within 30 days of recipient or responsible party request for home care
services, the assessment, the service plan, and other information necessary to determine
medical necessity such as diagnostic or testing information, social or medical histories,
and hospital or facility discharge summaries shall be submitted to the commissioner.
Notwithstanding the provisions of subdivision 8, the commissioner shall maximize
federal financial participation to pay for public health nurse assessments for personal care
services. For personal care assistant services:

(1) The amount and type of service authorized based upon the assessment and
service plan will follow the recipient if the recipient chooses to change providers.

(2) If the recipient's need changes, the recipient's provider may assess the need for
a change in service authorization and request the change from the county public health
nurse. Within 30 days of the request, the public health nurse will determine whether to
request the change in services based upon the provider assessment, or conduct a home
visit to assess the need and determine whether the change is appropriate. If the change in
service need is due to a change in medical condition, a new physician's statement of need
required by section 256B.0625, subdivision 19c, must be obtained.

(3) To continue to receive personal care assistant services after the first year,
the recipient or the responsible party, in conjunction with the public health nurse,
may complete a service update on forms developed by the commissioner according to
criteria and procedures in subdivisions 1a to 1i and sections 256B.0651, subdivision 1;
256B.0653, subdivision 1; and 256B.0654, subdivision 1. new text begin The commissioner shall ensure
that a new service plan is completed, reviewed, approved, and made available to the
recipient or responsible party, the provider of personal care assistant services, and the
personal care provider organization prior to the end of a year of service.
new text end

Sec. 2. new text begin STUDY OF PERSONAL CARE ASSISTANT SERVICE PLAN REVIEW
PROCESS.
new text end

new text begin The commissioner of human services shall study and report to the chairs of house
and senate committees having jurisdiction over human services by January 15, 2008, with
recommendations for streamlining the service plan renewal process for personal care
assistant services. The report must include a review of the process for plan renewal,
the timeline for each step in the process, and the problems that result for personal care
assistants, personal care provider organizations, and recipients due to delays in approval
under the current process.
new text end