HF 1754

as introduced - 87th Legislature (2011 - 2012) Posted on 05/22/2011 03:22pm

A bill for an act
relating to human services; modifying the personal care assistance choice option;
amending Minnesota Statutes 2010, section 256B.0659, subdivisions 20, 21, 24.

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

Section 1.

Minnesota Statutes 2010, section 256B.0659, subdivision 20, is amended to
read:

Subd. 20.

Personal care assistance choice option; administration.

(a) Before
services commence under the personal care assistance choice option, and annually
thereafter, the personal care assistance choice provider agency and the recipient or
responsible party shall enter into a written agreement. The annual agreement must be
provided to the recipient or responsible party, each personal care assistant, and the
qualified professional when completed, and include at a minimum:

(1) duties of the recipient, qualified professional, personal care assistant, and
personal care assistance choice provider agency;

(2) salary and benefits for the personal care assistant and the qualified professional;

(3) administrative fee of the personal care assistance choice provider agency and
services paid for with that fee, including background study fees;

(4) grievance procedures to respond to complaints;

(5) procedures for hiring and terminating the personal care assistant; and

(6) documentation requirements including, but not limited to, time sheets, activity
records, and the personal care assistance care plan.

(b) deleted text begin Effective January 1, 2010, except for the administrative fee of the personal care
assistance choice provider agency as reported on the written agreement, the remainder
of the rates paid to the personal care assistance choice provider agency must be used to
pay for the salary and benefits for the personal care assistant or the qualified professional.
The provider agency must use a minimum of 72.5 percent of the revenue generated by
the medical assistance rate for personal care assistance services for employee personal
care assistant wages and benefits.
deleted text end

deleted text begin (c) deleted text end The commissioner shall deny, revoke, or suspend the authorization to use the
personal care assistance choice option if:

(1) it has been determined by the qualified professional or public health nurse that
the use of this option jeopardizes the recipient's health and safety;

(2) the parties have failed to comply with the written agreement specified in this
subdivision;

(3) the use of the option has led to abusive or fraudulent billing for personal care
assistance services; or

(4) the department terminates the personal care assistance choice option.

deleted text begin (d) deleted text end new text begin (c) new text end The recipient or responsible party may appeal the commissioner's decision in
paragraph deleted text begin (c) deleted text end new text begin (b) new text end according to section 256.045. The denial, revocation, or suspension to
use the personal care assistance choice option must not affect the recipient's authorized
level of personal care assistance services.

Sec. 2.

Minnesota Statutes 2010, section 256B.0659, subdivision 21, is amended to
read:

Subd. 21.

Requirements for initial enrollment of personal care assistance
provider agencies.

(a) All personal care assistance provider agencies must provide, at the
time of enrollment as a personal care assistance provider agency in a format determined
by the commissioner, information and documentation that includes, but is not limited to,
the following:

(1) the personal care assistance provider agency's current contact information
including address, telephone number, and e-mail address;

(2) proof of surety bond coverage in the amount of $50,000 or ten percent of the
provider's payments from Medicaid in the previous year, whichever is less;

(3) proof of fidelity bond coverage in the amount of $20,000;

(4) proof of workers' compensation insurance coverage;

(5) proof of liability insurance;

(6) a description of the personal care assistance provider agency's organization
identifying the names of all owners, managing employees, staff, board of directors, and
the affiliations of the directors, owners, or staff to other service providers;

(7) a copy of the personal care assistance provider agency's written policies and
procedures including: hiring of employees; training requirements; service delivery;
and employee and consumer safety including process for notification and resolution
of consumer grievances, identification and prevention of communicable diseases, and
employee misconduct;

(8) copies of all other forms the personal care assistance provider agency uses in
the course of daily business including, but not limited to:

(i) a copy of the personal care assistance provider agency's time sheet if the time
sheet varies from the standard time sheet for personal care assistance services approved
by the commissioner, and a letter requesting approval of the personal care assistance
provider agency's nonstandard time sheet;

(ii) the personal care assistance provider agency's template for the personal care
assistance care plan; and

(iii) the personal care assistance provider agency's template for the written
agreement in subdivision 20 for recipients using the personal care assistance choice
option, if applicable;

(9) a list of all training and classes that the personal care assistance provider agency
requires of its staff providing personal care assistance services;

(10) documentation that the personal care assistance provider agency and staff have
successfully completed all the training required by this section;

(11) documentation of the agency's marketing practices;

(12) disclosure of ownership, leasing, or management of all residential properties
that is used or could be used for providing home care services; new text begin and
new text end

(13) deleted text begin documentation that the agency will use the following percentages of revenue
generated from the medical assistance rate paid for personal care assistance services
for employee personal care assistant wages and benefits: 72.5 percent of revenue in the
personal care assistance choice option and 72.5 percent of revenue from other personal
care assistance providers; and
deleted text end

deleted text begin (14) deleted text end effective May 15, 2010, documentation that the agency does not burden
recipients' free exercise of their right to choose service providers by requiring personal
care assistants to sign an agreement not to work with any particular personal care
assistance recipient or for another personal care assistance provider agency after leaving
the agency and that the agency is not taking action on any such agreements or requirements
regardless of the date signed.

(b) Personal care assistance provider agencies shall provide the information specified
in paragraph (a) to the commissioner at the time the personal care assistance provider
agency enrolls as a vendor or upon request from the commissioner. The commissioner
shall collect the information specified in paragraph (a) from all personal care assistance
providers beginning July 1, 2009.

(c) All personal care assistance provider agencies shall require all employees in
management and supervisory positions and owners of the agency who are active in the
day-to-day management and operations of the agency to complete mandatory training
as determined by the commissioner before enrollment of the agency as a provider.
Employees in management and supervisory positions and owners who are active in
the day-to-day operations of an agency who have completed the required training as
an employee with a personal care assistance provider agency do not need to repeat the
required training if they are hired by another agency, if they have completed the training
within the past three years. By September 1, 2010, the required training must be available
in languages other than English and to those who need accommodations due to disabilities,
online, or by electronic remote connection, and provide for competency testing. Personal
care assistance provider agency billing staff shall complete training about personal care
assistance program financial management. This training is effective July 1, 2009. Any
personal care assistance provider agency enrolled before that date shall, if it has not
already, complete the provider training within 18 months of July 1, 2009. Any new
owners or employees in management and supervisory positions involved in the day-to-day
operations are required to complete mandatory training as a requisite of working for the
agency. Personal care assistance provider agencies certified for participation in Medicare
as home health agencies are exempt from the training required in this subdivision.

Sec. 3.

Minnesota Statutes 2010, section 256B.0659, subdivision 24, is amended to
read:

Subd. 24.

Personal care assistance provider agency; general duties.

A personal
care assistance provider agency shall:

(1) enroll as a Medicaid provider meeting all provider standards, including
completion of the required provider training;

(2) comply with general medical assistance coverage requirements;

(3) demonstrate compliance with law and policies of the personal care assistance
program to be determined by the commissioner;

(4) comply with background study requirements;

(5) verify and keep records of hours worked by the personal care assistant and
qualified professional;

(6) not engage in any agency-initiated direct contact or marketing in person, by
phone, or other electronic means to potential recipients, guardians, or family members;

(7) pay the personal care assistant and qualified professional based on actual hours
of services provided;

(8) withhold and pay all applicable federal and state taxes;

(9) deleted text begin effective January 1, 2010, document that the agency uses a minimum of 72.5
percent of the revenue generated by the medical assistance rate for personal care assistance
services for employee personal care assistant wages and benefits;
deleted text end

deleted text begin (10) deleted text end make the arrangements and pay unemployment insurance, taxes, workers'
compensation, liability insurance, and other benefits, if any;

deleted text begin (11) deleted text end new text begin (10) new text end enter into a written agreement under subdivision 20 before services are
provided;

deleted text begin (12) deleted text end new text begin (11) new text end report suspected neglect and abuse to the common entry point according to
section 256B.0651;

deleted text begin (13) deleted text end new text begin (12) new text end provide the recipient with a copy of the home care bill of rights at start
of service; and

deleted text begin (14) deleted text end new text begin (13) new text end request reassessments at least 60 days prior to the end of the current
authorization for personal care assistance services, on forms provided by the commissioner.