2nd Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to human services; modifying provisions in 1.3 continuing care services for persons with 1.4 disabilities; amending Minnesota Statutes 1998, 1.5 sections 62D.09, subdivision 8; 252.28, by adding a 1.6 subdivision; and 256B.0625, subdivision 19a; Minnesota 1.7 Statutes 1999 Supplement, sections 62Q.73, subdivision 1.8 2; 245.462, subdivision 4; 245.4871, subdivision 4; 1.9 256B.0625, subdivision 19c; 256B.0627, subdivisions 1, 1.10 5, 8, and 11; 256B.501, subdivision 8a; 256B.5011, 1.11 subdivision 2; 256B.5013, subdivision 1, and by adding 1.12 subdivisions; and 256B.77, subdivision 8. 1.13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.14 Section 1. Minnesota Statutes 1998, section 62D.09, 1.15 subdivision 8, is amended to read: 1.16 Subd. 8. Each health maintenance organization shall issue 1.17 a membership card to its enrollees. The membership card must: 1.18 (1) identify the health maintenance organization; 1.19 (2) include the name, address, and telephone number to call 1.20 if the enrollee has a complaint; 1.21 (3) include the telephone number to call or the instruction 1.22 on how to receive authorization for emergency care; and 1.23 (4) include one of the following: 1.24 (i) the telephone number to call to appeal to or file a 1.25 complaint with the commissioner of health; or 1.26 (ii) for persons enrolled under section 256B.69, 256B.77, 1.27 256D.03, or 256L.12, the telephone number to call to file a 1.28 complaint with the ombudsperson designated by the commissioner 1.29 of human services under section 256B.69 or the office of the 2.1 ombudsman for mental health and mental retardation under section 2.2 256B.77 and the address to appeal to the commissioner of human 2.3 services. The ombudsperson shall annually provide the 2.4 commissioner of health with a summary of complaints and actions 2.5 taken. 2.6 Sec. 2. Minnesota Statutes 1999 Supplement, section 2.7 62Q.73, subdivision 2, is amended to read: 2.8 Subd. 2. [EXCEPTION.] (a) This section does not apply to 2.9 governmental programs except as permitted under paragraph (b). 2.10 For purposes of this subdivision, "governmental programs" means 2.11 the prepaid medical assistance program, the MinnesotaCare 2.12 program, the prepaid general assistance medical care 2.13 program, the demonstration project for people with disabilities, 2.14 and the federal Medicare program. 2.15 (b) In the course of a recipient's appeal of a medical 2.16 determination to the commissioner of human services under 2.17 section 256.045, the recipient may request an expert medical 2.18 opinion be arranged by the external review entity under contract 2.19 to provide independent external reviews under this section. If 2.20 such a request is made, the cost of the review shall be paid by 2.21 the commissioner of human services. Any medical opinion 2.22 obtained under this paragraph shall only be used by a state 2.23 human services referee as evidence in the recipient's appeal to 2.24 the commissioner of human services under section 256.045. 2.25 (c) Nothing in this subdivision shall be construed to limit 2.26 or restrict the appeal rights provided in section 256.045 for 2.27 governmental program recipients. 2.28 Sec. 3. Minnesota Statutes 1999 Supplement, section 2.29 245.462, subdivision 4, is amended to read: 2.30 Subd. 4. [CASE MANAGEMENT SERVICE PROVIDER.] (a) "Case 2.31 management service provider" means a case manager or case 2.32 manager associate employed by the county or other entity 2.33 authorized by the county board to provide case management 2.34 services specified in section 245.4711. 2.35 (b) A case manager must: 2.36 (1) be skilled in the process of identifying and assessing 3.1 a wide range of client needs; 3.2 (2) be knowledgeable about local community resources and 3.3 how to use those resources for the benefit of the client; 3.4 (3) have a bachelor's degree in one of the behavioral 3.5 sciences or related fields including, but not limited to, social 3.6 work, psychology, or nursing from an accredited college or 3.7 university
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A case manager must have at least 2,000 hours of3.8 supervised experience in the delivery of services to adults with3.9 mental illness, must be skilled in the process of identifying3.10 and assessing a wide range of client needs, and must be3.11 knowledgeable about local community resources and how to use3.12 those resources for the benefit of the clientor meet the 3.13 requirements of paragraph (c); and 3.14 (4) meet the supervision and continuing education 3.15 requirements described in paragraphs (d), (e), and (f), as 3.16 applicable. 3.17 (b) Supervision for a case manager during the first year of3.18 service providing case management services shall be one hour per3.19 week of clinical supervision from a case management supervisor.3.20 After the first year, the case manager shall receive regular3.21 ongoing supervision totaling 38 hours per year, of which at3.22 least one hour per month must be clinical supervision regarding3.23 individual service delivery with a case management supervisor.3.24 The remainder may be provided by a case manager with two years3.25 of experience. Group supervision may not constitute more than3.26 one-half of the required supervision hours. Clinical3.27 supervision must be documented in the client record.3.28 (c) A case manager with a bachelor's degree who is not3.29 licensed, registered, or certified by a health-related licensing3.30 board must receive 30 hours of continuing education and training3.31 in mental illness and mental health services annually.3.32 (d) A case manager with a bachelor's degree but without3.33 2,000 hours of supervised experience described in paragraph (a),3.34 must complete 40 hours of training approved by the commissioner3.35 covering case management skills and the characteristics and3.36 needs of adults with serious and persistent mental illness.4.1 (e)(c) Case managers without a bachelor's degree must meet 4.2 one of the requirements in clauses (1) to (3): 4.3 (1) have three or four years of experience as a case 4.4 manager associate as defined in this section; 4.5 (2) be a registered nurse without a bachelor's degree and 4.6 have a combination of specialized training in psychiatry and 4.7 work experience consisting of community interaction and 4.8 involvement or community discharge planning in a mental health 4.9 setting totaling three years; or 4.10 (3) be a person who qualified as a case manager under the 4.11 1998 department of human service federalwaiver provision and 4.12 meet the continuing education and mentoring requirements in this 4.13 section. 4.14 (d) A case manager with at least 2,000 hours of supervised 4.15 experience in the delivery of services to adults with mental 4.16 illness must receive regular ongoing supervision and clinical 4.17 supervision totaling 38 hours per year of which at least one 4.18 hour per month must be clinical supervision regarding individual 4.19 service delivery with a case management supervisor. The 4.20 remaining 26 hours of supervision may be provided by a case 4.21 manager with two years of experience. Group supervision may not 4.22 constitute more than one-half of the required supervision 4.23 hours. Clinical supervision must be documented in the client 4.24 record. 4.25 (e) A case manager without 2,000 hours of supervised 4.26 experience in the delivery of services to adults with mental 4.27 illness must: 4.28 (1) receive clinical supervision regarding individual 4.29 service delivery from a mental health professional at least one 4.30 hour per week until the requirement of 2,000 hours of experience 4.31 is met; and 4.32 (2) complete 40 hours of training approved by the 4.33 commissioner in case management skills and the characteristics 4.34 and needs of adults with serious and persistent mental illness. 4.35 (f) A case manager who is not licensed, registered, or 4.36 certified by a health-related licensing board must receive 30 5.1 hours of continuing education and training in mental illness and 5.2 mental health services annually. 5.3 (g) A case manager associate (CMA) must: 5.4 (1) work under the direction of a case manager or case 5.5 management supervisor and must; 5.6 (2) be at least 21 years of age . A case manager associate5.7 must also; 5.8 (3) have at least a high school diploma or its equivalent; 5.9 and 5.10 (4) meet one of the following criteria: 5.11 (1)(i) have an associate of arts degree in one of the 5.12 behavioral sciences or human services; 5.13 (2)(ii) be a registered nurse without a bachelor's degree; 5.14 (3)(iii) within the previous ten years, have three years 5.15 of life experience with serious and persistent mental illness as 5.16 defined in section 245.462, subdivision 20; or as a child had 5.17 severe emotional disturbance as defined in section 245.4871, 5.18 subdivision 6; or have three years life experience as a primary 5.19 caregiver to an adult with serious and persistent mental illness 5.20 within the previous ten years; 5.21 (4)(iv) have 6,000 hours work experience as a nondegreed 5.22 state hospital technician; or 5.23 (5)(v) be a mental health practitioner as defined in 5.24 section 245.462, subdivision 17, clause (2). 5.25 Individuals meeting one of the criteria in clauses (1) to5.26 (4)items (i) to (iv), may qualify as a case manager after four 5.27 years of supervised work experience as a case manager 5.28 associate. Individuals meeting the criteria in clause (5)item 5.29 (v), may qualify as a case manager after three years of 5.30 supervised experience as a case manager associate. 5.31 (h) A case management associatesassociate must meet the 5.32 following supervision, mentoring, and continuing education 5.33 requirements: 5.34 (1) have 40 hours of preservice training described under 5.35 paragraph (d) and(e), clause (2); 5.36 (2) receive at least 40 hours of continuing education in 6.1 mental illness and mental health services annually . Case6.2 manager associates shall; and 6.3 (3) receive at least five hours of mentoring per week from 6.4 a case management mentor. 6.5 A "case management mentor" means a qualified, practicing case 6.6 manager or case management supervisor who teaches or advises and 6.7 provides intensive training and clinical supervision to one or 6.8 more case manager associates. Mentoring may occur while 6.9 providing direct services to consumers in the office or in the 6.10 field and may be provided to individuals or groups of case 6.11 manager associates. At least two mentoring hours per week must 6.12 be individual and face-to-face. 6.13 (g)(i) A case management supervisor must meet the criteria 6.14 for mental health professionals, as specified in section 6.15 245.462, subdivision 18. 6.16 (h)(j) An immigrant who does not have the qualifications 6.17 specified in this subdivision may provide case management 6.18 services to adult immigrants with serious and persistent mental 6.19 illness who are members of the same ethnic group as the case 6.20 manager if the person: 6.21 (1) is currently enrolled in and is actively pursuing 6.22 credits toward the completion of a bachelor's degree in one of 6.23 the behavioral sciences or a related field including, but not 6.24 limited to, social work, psychology, or nursing from an 6.25 accredited college or university; 6.26 (2) completes 40 hours of training as specified in this 6.27 subdivision; and 6.28 (3) receives clinical supervision at least once a week 6.29 until the requirements of this subdivision are met. 6.30 Sec. 4. Minnesota Statutes 1999 Supplement, section 6.31 245.4871, subdivision 4, is amended to read: 6.32 Subd. 4. [CASE MANAGEMENT SERVICE PROVIDER.] (a) "Case 6.33 management service provider" means a case manager or case 6.34 manager associate employed by the county or other entity 6.35 authorized by the county board to provide case management 6.36 services specified in subdivision 3 for the child with severe 7.1 emotional disturbance and the child's family. A case manager7.2 must have experience and training in working with children.7.3 (b) A case manager must: 7.4 (1) have experience and training in working with children; 7.5 (2) have at least a bachelor's degree in one of the 7.6 behavioral sciences or a related field including, but not 7.7 limited to, social work, psychology, or nursing from an 7.8 accredited college or university or meet the requirements of 7.9 paragraph (d); 7.10 (2) have at least 2,000 hours of supervised experience in7.11 the delivery of mental health services to children;7.12 (3) have experience and training in identifying and 7.13 assessing a wide range of children's needs; and7.14 (4) be knowledgeable about local community resources and 7.15 how to use those resources for the benefit of children and their 7.16 families; and 7.17 (5) meets the supervision and continuing education 7.18 requirements of paragraphs (e), (f), and (g), as applicable. 7.19 (c) TheA case manager may be a member of any professional 7.20 discipline that is part of the local system of care for children 7.21 established by the county board. 7.22 (d) A case manager without a bachelor's degree must meet 7.23 one of the requirements in clauses (1) to (3): 7.24 (1) have three or four years of experience as a case 7.25 manager associate; 7.26 (2) be a registered nurse without a bachelor's degree who 7.27 has a combination of specialized training in psychiatry and work 7.28 experience consisting of community interaction and involvement 7.29 or community discharge planning in a mental health setting 7.30 totaling three years; or 7.31 (3) be a person who qualified as a case manager under the 7.32 1998 department of human services waiver provision and meets the 7.33 continuing education, supervision, and mentoring requirements in 7.34 this section. 7.35 (e) TheA case manager shallwith at least 2,000 hours of 7.36 supervised experience in the delivery of mental health services 8.1 to children must receive regular ongoing supervision and 8.2 clinical supervision totaling 38 hours per year, of which at 8.3 least one hour per month must be clinical supervision regarding 8.4 individual service delivery with a case management supervisor. 8.5 The remainderother 26 hours of supervision may be provided by a 8.6 case manager with two years of experience. Group supervision 8.7 may not constitute more than one-half of the required 8.8 supervision hours. 8.9 (e)(f) A case managers with a bachelor's degree8.10 butmanager without 2,000 hours of supervised experience in the 8.11 delivery of mental health services to children with emotional 8.12 disturbance must: 8.13 (1) begin 40 hours of training approved by the commissioner 8.14 of human services in case management skills and in the 8.15 characteristics and needs of children with severe emotional 8.16 disturbance before beginning to provide case management 8.17 services; and 8.18 (2) receive clinical supervision regarding individual 8.19 service delivery from a mental health professional at least one 8.20 hour each week until the requirement of 2,000 hours of 8.21 experience is met. 8.22 (g) A case manager who is not licensed, registered, or 8.23 certified by a health-related licensing board must receive 30 8.24 hours of continuing education and training in severe emotional 8.25 disturbance and mental health services annually. 8.26 (f)(h) Clinical supervision must be documented in the 8.27 child's record. When the case manager is not a mental health 8.28 professional, the county board must provide or contract for 8.29 needed clinical supervision. 8.30 (g)(i) The county board must ensure that the case manager 8.31 has the freedom to access and coordinate the services within the 8.32 local system of care that are needed by the child. 8.33 (h) Case managers who have a bachelor's degree but are not8.34 licensed, registered, or certified by a health-related licensing8.35 board must receive 30 hours of continuing education and training8.36 in severe emotional disturbance and mental health services9.1 annually.9.2 (i) Case managers without a bachelor's degree must meet one9.3 of the requirements in clauses (1) to (3):9.4 (1) have three or four years of experience as a case9.5 manager associate;9.6 (2) be a registered nurse without a bachelor's degree who9.7 has a combination of specialized training in psychiatry and work9.8 experience consisting of community interaction and involvement9.9 or community discharge planning in a mental health setting9.10 totaling three years; or9.11 (3) be a person who qualified as a case manager under the9.12 1998 department of human service federal waiver provision and9.13 meets the continuing education and mentoring requirements in9.14 this section.9.15 (j) A case manager associate (CMA) must: 9.16 (1) work under the direction of a case manager or case 9.17 management supervisor and must; 9.18 (2) be at least 21 years of age . A case manager associate9.19 must also; 9.20 (3) have at least a high school diploma or its equivalent; 9.21 and 9.22 (4) meet one of the following criteria: 9.23 (1)(i) have an associate of arts degree in one of the 9.24 behavioral sciences or human services; 9.25 (2)(ii) be a registered nurse without a bachelor's degree; 9.26 (3)(iii) have three years of life experience as a primary 9.27 caregiver to a child with serious emotional disturbance as 9.28 defined in section 245.4871, subdivision 6, within the previous 9.29 ten years; 9.30 (4)(iv) have 6,000 hours work experience as a nondegreed 9.31 state hospital technician; or 9.32 (5)(v) be a mental health practitioner as defined in 9.33 section 245.462, subdivision 1726, clause (2). 9.34 Individuals meeting one of the criteria in clauses9.35 (1)items (i) to (4)(iv) may qualify as a case manager after 9.36 four years of supervised work experience as a case manager 10.1 associate. Individuals meeting the criteria in clause (5)item 10.2 (v) may qualify as a case manager after three years of 10.3 supervised experience as a case manager associate. 10.4 (k) Case manager associates must meet the following 10.5 supervision, mentoring, and continuing education requirements; 10.6 (1) have 40 hours of preservice training described under 10.7 paragraph (e)(f), clause (1) , and; 10.8 (2) receive at least 40 hours of continuing education in 10.9 severe emotional disturbance and mental health service 10.10 annually . Case manager associates shall; and 10.11 (3) receive at least five hours of mentoring per week from 10.12 a case management mentor. A "case management mentor" means a 10.13 qualified, practicing case manager or case management supervisor 10.14 who teaches or advises and provides intensive training and 10.15 clinical supervision to one or more case manager associates. 10.16 Mentoring may occur while providing direct services to consumers 10.17 in the office or in the field and may be provided to individuals 10.18 or groups of case manager associates. At least two mentoring 10.19 hours per week must be individual and face-to-face. 10.20 (k)(l) A case management supervisor must meet the criteria 10.21 for a mental health professional as specified in section 10.22 245.4871, subdivision 27. 10.23 (l)(m) An immigrant who does not have the qualifications 10.24 specified in this subdivision may provide case management 10.25 services to child immigrants with severe emotional disturbance 10.26 of the same ethnic group as the immigrant if the person: 10.27 (1) is currently enrolled in and is actively pursuing 10.28 credits toward the completion of a bachelor's degree in one of 10.29 the behavioral sciences or related fields at an accredited 10.30 college or university; 10.31 (2) completes 40 hours of training as specified in this 10.32 subdivision; and 10.33 (3) receives clinical supervision at least once a week 10.34 until the requirements of obtaining a bachelor's degree and 10.35 2,000 hours of supervised experience are met. 10.36 Sec. 5. Minnesota Statutes 1998, section 252.28, is 11.1 amended by adding a subdivision to read: 11.2 Subd. 3b. [OLMSTED COUNTY LICENSING EXEMPTION.] (a) 11.3 Notwithstanding subdivision 3, the commissioner may license 11.4 service sites each accommodating up to five residents moving 11.5 from a 43-bed intermediate care facility for persons with mental 11.6 retardation or related conditions located in Olmsted county that 11.7 is closing under section 252.292. 11.8 (b) Notwithstanding the provisions of any other state law 11.9 or administrative rule, the rate provisions of section 256I.05, 11.10 subdivision 1, apply to the exception in this subdivision. 11.11 Sec. 6. Minnesota Statutes 1998, section 256B.0625, 11.12 subdivision 19a, is amended to read: 11.13 Subd. 19a. [PERSONAL CARE SERVICES.] Medical assistance 11.14 covers personal care services in a recipient's home. To qualify 11.15 for personal care services, recipients or responsible parties 11.16 must be able to identify the recipient's needs, direct and 11.17 evaluate task accomplishment, and provide for health and 11.18 safety. Approved hours may be used outside the home when normal 11.19 life activities take them outside the home and when, without the 11.20 provision of personal care, their health and safety would be 11.21 jeopardized. To use personal care services at school, the 11.22 recipient or responsible party must provide written 11.23 authorization in the care plan identifying the chosen provider 11.24 and the daily amount of services to be used at school. Total 11.25 hours for services, whether actually performed inside or outside 11.26 the recipient's home, cannot exceed that which is otherwise 11.27 allowed for personal care services in an in-home setting 11.28 according to section 256B.0627. Medical assistance does not 11.29 cover personal care services for residents of a hospital, 11.30 nursing facility, intermediate care facility, health care 11.31 facility licensed by the commissioner of health, or unless a 11.32 resident who is otherwise eligible is on leave from the facility 11.33 and the facility either pays for the personal care services or 11.34 forgoes the facility per diem for the leave days that personal 11.35 care services are used. All personal care services must be 11.36 provided according to section 256B.0627. Personal care services 12.1 may not be reimbursed if the personal care assistant is the 12.2 spouse or legal guardian of the recipient or the parent of a 12.3 recipient under age 18, or the responsible party or the foster 12.4 care provider of a recipient who cannot direct the recipient's 12.5 own care unless, in the case of a foster care provider, a county 12.6 or state case manager visits the recipient as needed, but not 12.7 less than every six months, to monitor the health and safety of 12.8 the recipient and to ensure the goals of the care plan are met. 12.9 Parents of adult recipients, adult children of the recipient or 12.10 adult siblings of the recipient may be reimbursed for personal 12.11 care services if they are not the recipient's legal guardian and 12.12 are granted a waiver under section 256B.0627. Until July 1, 12.13 2001, and notwithstanding the provisions of section 256B.0627, 12.14 subdivision 4, paragraph (b), clause (4), the noncorporate legal 12.15 guardian or conservator of an adult, who is not the responsible 12.16 party and not the personal care provider organization, may be 12.17 granted a hardship waiver under section 256B.0627, to be 12.18 reimbursed to provide personal care assistant services to the 12.19 recipient, and shall not be considered to have a service 12.20 provider interest for purposes of participation on the screening 12.21 team under section 256B.092, subdivision 7. 12.22 Sec. 7. Minnesota Statutes 1999 Supplement, section 12.23 256B.0625, subdivision 19c, is amended to read: 12.24 Subd. 19c. [PERSONAL CARE.] Medical assistance covers 12.25 personal care services provided by an individual who is 12.26 qualified to provide the services according to subdivision 19a 12.27 and section 256B.0627, where the services are prescribed by a 12.28 physician in accordance with a plan of treatment and are 12.29 supervised by the recipient under the fiscal agent option 12.30 according to section 256B.0627, subdivision 10, or a qualified 12.31 professional. "Qualified professional" means a mental health 12.32 professional as defined in section 245.462, subdivision 18, or 12.33 245.4871, subdivision 2627; or a registered nurse as defined in 12.34 sections 148.171 to 148.285. As part of the assessment, the 12.35 county public health nurse will consult with the recipient or 12.36 responsible party and identify the most appropriate person to 13.1 provide supervision of the personal care assistant. The 13.2 qualified professional shall perform the duties described in 13.3 Minnesota Rules, part 9505.0335, subpart 4. 13.4 Sec. 8. Minnesota Statutes 1999 Supplement, section 13.5 256B.0627, subdivision 1, is amended to read: 13.6 Subdivision 1. [DEFINITION.] (a) "Assessment" means a 13.7 review and evaluation of a recipient's need for home care 13.8 services conducted in person. Assessments for private duty 13.9 nursing shall be conducted by a registered private duty nurse. 13.10 Assessments for home health agency services shall be conducted 13.11 by a home health agency nurse. Assessments for personal care 13.12 assistant services shall be conducted by the county public 13.13 health nurse or a certified public health nurse under contract 13.14 with the county. A face-to-face assessment must include: a13.15 documentation of health status assessment and, determination of 13.16 need, evaluation of service outcomes, collection of case data13.17 effectiveness, identification of appropriate services and, 13.18 service plan development or modification, coordination of 13.19 services, referrals and follow-up to appropriate payers and 13.20 community resources, completion of required reports, obtaining13.21 recommendation of service authorization, and consumer 13.22 education. Once the need for personal care assistant services 13.23 is determined under this section, the county public health nurse 13.24 or certified public health nurse under contract with the county 13.25 is responsible for communicating this recommendation to the 13.26 commissioner and the recipient. A face-to-face assessment for 13.27 personal care services is conducted on those recipients who have 13.28 never had a county public health nurse assessment. A 13.29 face-to-face assessment must occur at least annually or when 13.30 there is a significant change in the recipient's condition or 13.31 when there is a change in the need for personal care assistant 13.32 services. A service update may substitute for the annual 13.33 face-to-face assessment when there is not a significant change 13.34 in recipient condition or a change in the need for personal care 13.35 assistant service. A service update or review for temporary 13.36 increase includes a review of initial baseline data, evaluation 14.1 of service outcomeseffectiveness, redetermination of service 14.2 need, modification of service plan and appropriate referrals, 14.3 update of initial forms, obtaining service authorization, and on 14.4 going consumer education. Assessments for medical assistance 14.5 home care services for mental retardation or related conditions 14.6 and alternative care services for developmentally disabled home 14.7 and community-based waivered recipients may be conducted by the 14.8 county public health nurse to ensure coordination and avoid 14.9 duplication. Assessments must be completed on forms provided by 14.10 the commissioner within 30 days of a request for home care 14.11 services by a recipient or responsible party. 14.12 (b) "Care plan" means a written description of personal 14.13 care assistant services developed by the qualified professional 14.14 with the recipient or responsible party to be used by the 14.15 personal care assistant with a copy provided to the recipient or 14.16 responsible party. 14.17 (c) "Home care services" means a health service, determined 14.18 by the commissioner as medically necessary, that is ordered by a 14.19 physician and documented in a service plan that is reviewed by 14.20 the physician at least once every 62 days for the provision of 14.21 home health services, or private duty nursing, or at least once 14.22 every 365 days for personal care. Home care services are 14.23 provided to the recipient at the recipient's residence that is a 14.24 place other than a hospital or long-term care facility or as 14.25 specified in section 256B.0625. 14.26 (d) "Medically necessary" has the meaning given in 14.27 Minnesota Rules, parts 9505.0170 to 9505.0475. 14.28 (e) "Personal care assistant" means a person who: (1) is 14.29 at least 18 years old, except for persons 16 to 18 years of age 14.30 who participated in a related school-based job training program 14.31 or have completed a certified home health aide competency 14.32 evaluation; (2) is able to effectively communicate with the 14.33 recipient and personal care provider organization; (3) effective 14.34 July 1, 1996, has completed one of the training requirements as 14.35 specified in Minnesota Rules, part 9505.0335, subpart 3, items A 14.36 to D; (4) has the ability to, and provides covered personal care 15.1 services according to the recipient's care plan, responds 15.2 appropriately to recipient needs, and reports changes in the 15.3 recipient's condition to the supervising qualified professional; 15.4 (5) is not a consumer of personal care services; and (6) is 15.5 subject to criminal background checks and procedures specified 15.6 in section 245A.04. 15.7 (f) "Personal care provider organization" means an 15.8 organization enrolled to provide personal care services under 15.9 the medical assistance program that complies with the 15.10 following: (1) owners who have a five percent interest or more, 15.11 and managerial officials are subject to a background study as 15.12 provided in section 245A.04. This applies to currently enrolled 15.13 personal care provider organizations and those agencies seeking 15.14 enrollment as a personal care provider organization. An 15.15 organization will be barred from enrollment if an owner or 15.16 managerial official of the organization has been convicted of a 15.17 crime specified in section 245A.04, or a comparable crime in 15.18 another jurisdiction, unless the owner or managerial official 15.19 meets the reconsideration criteria specified in section 245A.04; 15.20 (2) the organization must maintain a surety bond and liability 15.21 insurance throughout the duration of enrollment and provides 15.22 proof thereof. The insurer must notify the department of human 15.23 services of the cancellation or lapse of policy; and (3) the 15.24 organization must maintain documentation of services as 15.25 specified in Minnesota Rules, part 9505.2175, subpart 7, as well 15.26 as evidence of compliance with personal care assistant training 15.27 requirements. 15.28 (g) "Responsible party" means an individual residing with a 15.29 recipient of personal care services who is capable of providing 15.30 the supportive care necessary to assist the recipient to live in 15.31 the community, is at least 18 years old, and is not a personal 15.32 care assistant. Responsible parties who are parents of minors 15.33 or guardians of minors or incapacitated persons may delegate the 15.34 responsibility to another adult during a temporary absence of at 15.35 least 24 hours but not more than six months. The person 15.36 delegated as a responsible party must be able to meet the 16.1 definition of responsible party, except that the delegated 16.2 responsible party is required to reside with the recipient only 16.3 while serving as the responsible party. Foster care license 16.4 holders may be designated the responsible party for residents of 16.5 the foster care home if case management is provided as required 16.6 in section 256B.0625, subdivision 19a. For persons who, as of 16.7 April 1, 1992, are sharing personal care services in order to 16.8 obtain the availability of 24-hour coverage, an employee of the 16.9 personal care provider organization may be designated as the 16.10 responsible party if case management is provided as required in 16.11 section 256B.0625, subdivision 19a. 16.12 (h) "Service plan" means a written description of the 16.13 services needed based on the assessment developed by the nurse 16.14 who conducts the assessment together with the recipient or 16.15 responsible party. The service plan shall include a description 16.16 of the covered home care services, frequency and duration of 16.17 services, and expected outcomes and goals. The recipient and 16.18 the provider chosen by the recipient or responsible party must 16.19 be given a copy of the completed service plan within 30 calendar 16.20 days of the request for home care services by the recipient or 16.21 responsible party. 16.22 (i) "Skilled nurse visits" are provided in a recipient's 16.23 residence under a plan of care or service plan that specifies a 16.24 level of care which the nurse is qualified to provide. These 16.25 services are: 16.26 (1) nursing services according to the written plan of care 16.27 or service plan and accepted standards of medical and nursing 16.28 practice in accordance with chapter 148; 16.29 (2) services which due to the recipient's medical condition 16.30 may only be safely and effectively provided by a registered 16.31 nurse or a licensed practical nurse; 16.32 (3) assessments performed only by a registered nurse; and 16.33 (4) teaching and training the recipient, the recipient's 16.34 family, or other caregivers requiring the skills of a registered 16.35 nurse or licensed practical nurse. 16.36 Sec. 9. Minnesota Statutes 1999 Supplement, section 17.1 256B.0627, subdivision 5, is amended to read: 17.2 Subd. 5. [LIMITATION ON PAYMENTS.] Medical assistance 17.3 payments for home care services shall be limited according to 17.4 this subdivision. 17.5 (a) [LIMITS ON SERVICES WITHOUT PRIOR AUTHORIZATION.] A 17.6 recipient may receive the following home care services during a 17.7 calendar year: 17.8 (1) up to two face-to-face assessments to determine a 17.9 recipient's need for personal care assistant services; 17.10 (2) one service update done to determine a recipient's need 17.11 for personal care services; and 17.12 (3) up to five skilled nurse visits. 17.13 (b) [PRIOR AUTHORIZATION; EXCEPTIONS.] All home care 17.14 services above the limits in paragraph (a) must receive the 17.15 commissioner's prior authorization, except when: 17.16 (1) the home care services were required to treat an 17.17 emergency medical condition that if not immediately treated 17.18 could cause a recipient serious physical or mental disability, 17.19 continuation of severe pain, or death. The provider must 17.20 request retroactive authorization no later than five working 17.21 days after giving the initial service. The provider must be 17.22 able to substantiate the emergency by documentation such as 17.23 reports, notes, and admission or discharge histories; 17.24 (2) the home care services were provided on or after the 17.25 date on which the recipient's eligibility began, but before the 17.26 date on which the recipient was notified that the case was 17.27 opened. Authorization will be considered if the request is 17.28 submitted by the provider within 20 working days of the date the 17.29 recipient was notified that the case was opened; 17.30 (3) a third-party payor for home care services has denied 17.31 or adjusted a payment. Authorization requests must be submitted 17.32 by the provider within 20 working days of the notice of denial 17.33 or adjustment. A copy of the notice must be included with the 17.34 request; 17.35 (4) the commissioner has determined that a county or state 17.36 human services agency has made an error; or 18.1 (5) the professional nurse determines an immediate need for 18.2 up to 40 skilled nursing or home health aide visits per calendar 18.3 year and submits a request for authorization within 20 working 18.4 days of the initial service date, and medical assistance is 18.5 determined to be the appropriate payer. 18.6 (c) [RETROACTIVE AUTHORIZATION.] A request for retroactive 18.7 authorization will be evaluated according to the same criteria 18.8 applied to prior authorization requests. 18.9 (d) [ASSESSMENT AND SERVICE PLAN.] Assessments under 18.10 section 256B.0627, subdivision 1, paragraph (a), shall be 18.11 conducted initially, and at least annually thereafter, in person 18.12 with the recipient and result in a completed service plan using 18.13 forms specified by the commissioner. Within 30 days of 18.14 recipient or responsible party request for home care services, 18.15 the assessment, the service plan, and other information 18.16 necessary to determine medical necessity such as diagnostic or 18.17 testing information, social or medical histories, and hospital 18.18 or facility discharge summaries shall be submitted to the 18.19 commissioner. For personal care services: 18.20 (1) The amount and type of service authorized based upon 18.21 the assessment and service plan will follow the recipient if the 18.22 recipient chooses to change providers. 18.23 (2) If the recipient's medical need changes, the 18.24 recipient's provider may assess the need for a change in service 18.25 authorization and request the change from the county public 18.26 health nurse. Within 30 days of the request, the public health 18.27 nurse will determine whether to request the change in services 18.28 based upon the provider assessment, or conduct a home visit to 18.29 assess the need and determine whether the change is appropriate. 18.30 (3) To continue to receive personal care services after the 18.31 first year, the recipient or the responsible party, in 18.32 conjunction with the public health nurse, may complete a service 18.33 update on forms developed by the commissioner according to 18.34 criteria and procedures in subdivision 1. 18.35 (e) [PRIOR AUTHORIZATION.] The commissioner, or the 18.36 commissioner's designee, shall review the assessment, service 19.1 update, request for temporary services, service plan, and any 19.2 additional information that is submitted. The commissioner 19.3 shall, within 30 days after receiving a complete request, 19.4 assessment, and service plan, authorize home care services as 19.5 follows: 19.6 (1) [HOME HEALTH SERVICES.] All home health services 19.7 provided by a licensed nurse or a home health aide must be prior 19.8 authorized by the commissioner or the commissioner's designee. 19.9 Prior authorization must be based on medical necessity and 19.10 cost-effectiveness when compared with other care options. When 19.11 home health services are used in combination with personal care 19.12 and private duty nursing, the cost of all home care services 19.13 shall be considered for cost-effectiveness. The commissioner 19.14 shall limit nurse and home health aide visits to no more than 19.15 one visit each per day. 19.16 (2) [PERSONAL CARE SERVICES.] (i) All personal care 19.17 services and supervision by a qualified professional must be 19.18 prior authorized by the commissioner or the commissioner's 19.19 designee except for the assessments established in paragraph 19.20 (a). The amount of personal care services authorized must be 19.21 based on the recipient's home care rating. A child may not be 19.22 found to be dependent in an activity of daily living if because 19.23 of the child's age an adult would either perform the activity 19.24 for the child or assist the child with the activity and the 19.25 amount of assistance needed is similar to the assistance 19.26 appropriate for a typical child of the same age. Based on 19.27 medical necessity, the commissioner may authorize: 19.28 (A) up to two times the average number of direct care hours 19.29 provided in nursing facilities for the recipient's comparable 19.30 case mix level; or 19.31 (B) up to three times the average number of direct care 19.32 hours provided in nursing facilities for recipients who have 19.33 complex medical needs or are dependent in at least seven 19.34 activities of daily living and need physical assistance with 19.35 eating or have a neurological diagnosis; or 19.36 (C) up to 60 percent of the average reimbursement rate, as 20.1 of July 1, 1991, for care provided in a regional treatment 20.2 center for recipients who have Level I behavior, plus any 20.3 inflation adjustment as provided by the legislature for personal 20.4 care service; or 20.5 (D) up to the amount the commissioner would pay, as of July 20.6 1, 1991, plus any inflation adjustment provided for home care 20.7 services, for care provided in a regional treatment center for 20.8 recipients referred to the commissioner by a regional treatment 20.9 center preadmission evaluation team. For purposes of this 20.10 clause, home care services means all services provided in the 20.11 home or community that would be included in the payment to a 20.12 regional treatment center; or 20.13 (E) up to the amount medical assistance would reimburse for 20.14 facility care for recipients referred to the commissioner by a 20.15 preadmission screening team established under section 256B.0911 20.16 or 256B.092; and 20.17 (F) a reasonable amount of time for the provision of 20.18 supervision by a qualified professional of personal care 20.19 services. 20.20 (ii) The number of direct care hours shall be determined 20.21 according to the annual cost report submitted to the department 20.22 by nursing facilities. The average number of direct care hours, 20.23 as established by May 1, 1992, shall be calculated and 20.24 incorporated into the home care limits on July 1, 1992. These 20.25 limits shall be calculated to the nearest quarter hour. 20.26 (iii) The home care rating shall be determined by the 20.27 commissioner or the commissioner's designee based on information 20.28 submitted to the commissioner by the county public health nurse 20.29 on forms specified by the commissioner. The home care rating 20.30 shall be a combination of current assessment tools developed 20.31 under sections 256B.0911 and 256B.501 with an addition for 20.32 seizure activity that will assess the frequency and severity of 20.33 seizure activity and with adjustments, additions, and 20.34 clarifications that are necessary to reflect the needs and 20.35 conditions of recipients who need home care including children 20.36 and adults under 65 years of age. The commissioner shall 21.1 establish these forms and protocols under this section and shall 21.2 use an advisory group, including representatives of recipients, 21.3 providers, and counties, for consultation in establishing and 21.4 revising the forms and protocols. 21.5 (iv) A recipient shall qualify as having complex medical 21.6 needs if the care required is difficult to perform and because 21.7 of recipient's medical condition requires more time than 21.8 community-based standards allow or requires more skill than 21.9 would ordinarily be required and the recipient needs or has one 21.10 or more of the following: 21.11 (A) daily tube feedings; 21.12 (B) daily parenteral therapy; 21.13 (C) wound or decubiti care; 21.14 (D) postural drainage, percussion, nebulizer treatments, 21.15 suctioning, tracheotomy care, oxygen, mechanical ventilation; 21.16 (E) catheterization; 21.17 (F) ostomy care; 21.18 (G) quadriplegia; or 21.19 (H) other comparable medical conditions or treatments the 21.20 commissioner determines would otherwise require institutional 21.21 care. 21.22 (v) A recipient shall qualify as having Level I behavior if 21.23 there is reasonable supporting evidence that the recipient 21.24 exhibits, or that without supervision, observation, or 21.25 redirection would exhibit, one or more of the following 21.26 behaviors that cause, or have the potential to cause: 21.27 (A) injury to the recipient's own body; 21.28 (B) physical injury to other people; or 21.29 (C) destruction of property. 21.30 (vi) Time authorized for personal care relating to Level I 21.31 behavior in subclause (v), items (A) to (C), shall be based on 21.32 the predictability, frequency, and amount of intervention 21.33 required. 21.34 (vii) A recipient shall qualify as having Level II behavior 21.35 if the recipient exhibits on a daily basis one or more of the 21.36 following behaviors that interfere with the completion of 22.1 personal care services under subdivision 4, paragraph (a): 22.2 (A) unusual or repetitive habits; 22.3 (B) withdrawn behavior; or 22.4 (C) offensive behavior. 22.5 (viii) A recipient with a home care rating of Level II 22.6 behavior in subclause (vii), items (A) to (C), shall be rated as 22.7 comparable to a recipient with complex medical needs under 22.8 subclause (iv). If a recipient has both complex medical needs 22.9 and Level II behavior, the home care rating shall be the next 22.10 complex category up to the maximum rating under subclause (i), 22.11 item (B). 22.12 (3) [PRIVATE DUTY NURSING SERVICES.] All private duty 22.13 nursing services shall be prior authorized by the commissioner 22.14 or the commissioner's designee. Prior authorization for private 22.15 duty nursing services shall be based on medical necessity and 22.16 cost-effectiveness when compared with alternative care options. 22.17 The commissioner may authorize medically necessary private duty 22.18 nursing services in quarter-hour units when: 22.19 (i) the recipient requires more individual and continuous 22.20 care than can be provided during a nurse visit; or 22.21 (ii) the cares are outside of the scope of services that 22.22 can be provided by a home health aide or personal care assistant. 22.23 The commissioner may authorize: 22.24 (A) up to two times the average amount of direct care hours 22.25 provided in nursing facilities statewide for case mix 22.26 classification "K" as established by the annual cost report 22.27 submitted to the department by nursing facilities in May 1992; 22.28 (B) private duty nursing in combination with other home 22.29 care services up to the total cost allowed under clause (2); 22.30 (C) up to 16 hours per day if the recipient requires more 22.31 nursing than the maximum number of direct care hours as 22.32 established in item (A) and the recipient meets the hospital 22.33 admission criteria established under Minnesota Rules, parts 22.34 9505.0500 to 9505.0540. 22.35 The commissioner may authorize up to 16 hours per day of 22.36 medically necessary private duty nursing services or up to 24 23.1 hours per day of medically necessary private duty nursing 23.2 services until such time as the commissioner is able to make a 23.3 determination of eligibility for recipients who are 23.4 cooperatively applying for home care services under the 23.5 community alternative care program developed under section 23.6 256B.49, or until it is determined by the appropriate regulatory 23.7 agency that a health benefit plan is or is not required to pay 23.8 for appropriate medically necessary health care services. 23.9 Recipients or their representatives must cooperatively assist 23.10 the commissioner in obtaining this determination. Recipients 23.11 who are eligible for the community alternative care program may 23.12 not receive more hours of nursing under this section than would 23.13 otherwise be authorized under section 256B.49. 23.14 (4) [VENTILATOR-DEPENDENT RECIPIENTS.] If the recipient is 23.15 ventilator-dependent, the monthly medical assistance 23.16 authorization for home care services shall not exceed what the 23.17 commissioner would pay for care at the highest cost hospital 23.18 designated as a long-term hospital under the Medicare program. 23.19 For purposes of this clause, home care services means all 23.20 services provided in the home that would be included in the 23.21 payment for care at the long-term hospital. 23.22 "Ventilator-dependent" means an individual who receives 23.23 mechanical ventilation for life support at least six hours per 23.24 day and is expected to be or has been dependent for at least 30 23.25 consecutive days. 23.26 (f) [PRIOR AUTHORIZATION; TIME LIMITS.] The commissioner 23.27 or the commissioner's designee shall determine the time period 23.28 for which a prior authorization shall be effective. If the 23.29 recipient continues to require home care services beyond the 23.30 duration of the prior authorization, the home care provider must 23.31 request a new prior authorization. Under no circumstances, 23.32 other than the exceptions in paragraph (b), shall a prior 23.33 authorization be valid prior to the date the commissioner 23.34 receives the request or for more than 12 months. A recipient 23.35 who appeals a reduction in previously authorized home care 23.36 services may continue previously authorized services, other than 24.1 temporary services under paragraph (h), pending an appeal under 24.2 section 256.045. The commissioner must provide a detailed 24.3 explanation of why the authorized services are reduced in amount 24.4 from those requested by the home care provider. 24.5 (g) [APPROVAL OF HOME CARE SERVICES.] The commissioner or 24.6 the commissioner's designee shall determine the medical 24.7 necessity of home care services, the level of caregiver 24.8 according to subdivision 2, and the institutional comparison 24.9 according to this subdivision, the cost-effectiveness of 24.10 services, and the amount, scope, and duration of home care 24.11 services reimbursable by medical assistance, based on the 24.12 assessment, primary payer coverage determination information as 24.13 required, the service plan, the recipient's age, the cost of 24.14 services, the recipient's medical condition, and diagnosis or 24.15 disability. The commissioner may publish additional criteria 24.16 for determining medical necessity according to section 256B.04. 24.17 (h) [PRIOR AUTHORIZATION REQUESTS; TEMPORARY SERVICES.] 24.18 The agency nurse, the independently enrolled private duty nurse, 24.19 or county public health nurse may request a temporary 24.20 authorization for home care services by telephone. The 24.21 commissioner may approve a temporary level of home care services 24.22 based on the assessment, and service or care plan information, 24.23 and primary payer coverage determination information as required. 24.24 Authorization for a temporary level of home care services 24.25 including nurse supervision is limited to the time specified by 24.26 the commissioner, but shall not exceed 45 days, unless extended 24.27 because the county public health nurse has not completed the 24.28 required assessment and service plan, or the commissioner's 24.29 determination has not been made. The level of services 24.30 authorized under this provision shall have no bearing on a 24.31 future prior authorization. 24.32 (i) [PRIOR AUTHORIZATION REQUIRED IN FOSTER CARE SETTING.] 24.33 Home care services provided in an adult or child foster care 24.34 setting must receive prior authorization by the department 24.35 according to the limits established in paragraph (a). 24.36 The commissioner may not authorize: 25.1 (1) home care services that are the responsibility of the 25.2 foster care provider under the terms of the foster care 25.3 placement agreement and administrative rules . Requests for home25.4 care services for recipients residing in a foster care setting25.5 must include the foster care placement agreement and25.6 determination of difficulty of care; 25.7 (2) personal care services when the foster care license 25.8 holder is also the personal care provider or personal care 25.9 assistant unless the recipient can direct the recipient's own 25.10 care, or case management is provided as required in section 25.11 256B.0625, subdivision 19a; 25.12 (3) personal care services when the responsible party is an 25.13 employee of, or under contract with, or has any direct or 25.14 indirect financial relationship with the personal care provider 25.15 or personal care assistant, unless case management is provided 25.16 as required in section 256B.0625, subdivision 19a; or 25.17 (4) homepersonal care assistant and private duty nursing 25.18 services when the number of foster care residents is greater 25.19 than four unless the county responsible for the recipient's 25.20 foster placement made the placement prior to April 1, 1992, 25.21 requests that homepersonal care assistant and private duty 25.22 nursing services be provided, and case management is provided as 25.23 required in section 256B.0625, subdivision 19a ; or. 25.24 (5) home care services when combined with foster care25.25 payments, other than room and board payments that exceed the25.26 total amount that public funds would pay for the recipient's25.27 care in a medical institution.25.28 Sec. 10. Minnesota Statutes 1999 Supplement, section 25.29 256B.0627, subdivision 8, is amended to read: 25.30 Subd. 8. [SHARED PERSONAL CARE ASSISTANT SERVICES.] (a) 25.31 Medical assistance payments for shared personal care assistance 25.32 services shall be limited according to this subdivision. 25.33 (b) Recipients of personal care assistant services may 25.34 share staff and the commissioner shall provide a rate system for 25.35 shared personal care assistant services. For two persons 25.36 sharing services, the rate paid to a provider shall not exceed 26.1 1-1/2 times the rate paid for serving a single individual, and 26.2 for three persons sharing services, the rate paid to a provider 26.3 shall not exceed twice the rate paid for serving a single 26.4 individual. These rates apply only to situations in which all 26.5 recipients were present and received shared services on the date 26.6 for which the service is billed. No more than three persons may 26.7 receive shared services from a personal care assistant in a 26.8 single setting. 26.9 (c) Shared service is the provision of personal care 26.10 services by a personal care assistant to two or three recipients 26.11 at the same time and in the same setting. For the purposes of 26.12 this subdivision, "setting" means: 26.13 (1) the home or foster care home of one of the individual 26.14 recipients; or 26.15 (2) a child care program in which all recipients served by 26.16 one personal care assistant are participating, which is licensed 26.17 under chapter 245A or operated by a local school district or 26.18 private school .; or 26.19 (3) outside the home or foster care home of one of the 26.20 recipients when normal life activities take the recipients 26.21 outside the home. 26.22 The provisions of this subdivision do not apply when a 26.23 personal care assistant is caring for multiple recipients in 26.24 more than one setting. 26.25 (d) The recipient or the recipient's responsible party, in 26.26 conjunction with the county public health nurse, shall determine: 26.27 (1) whether shared personal care assistant services is an 26.28 appropriate option based on the individual needs and preferences 26.29 of the recipient; and 26.30 (2) the amount of shared services allocated as part of the 26.31 overall authorization of personal care services. 26.32 The recipient or the responsible party, in conjunction with 26.33 the supervising qualified professional, shall arrange the 26.34 setting and grouping of shared services based on the individual 26.35 needs and preferences of the recipients. Decisions on the 26.36 selection of recipients to share services must be based on the 27.1 ages of the recipients, compatibility, and coordination of their 27.2 care needs. 27.3 (e) The following items must be considered by the recipient 27.4 or the responsible party and the supervising qualified 27.5 professional, and documented in the recipient's health service 27.6 record: 27.7 (1) the additional qualifications needed by the personal 27.8 care assistant to provide care to several recipients in the same 27.9 setting; 27.10 (2) the additional training and supervision needed by the 27.11 personal care assistant to ensure that the needs of the 27.12 recipient are met appropriately and safely. The provider must 27.13 provide on-site supervision by a qualified professional within 27.14 the first 14 days of shared services, and monthly thereafter; 27.15 (3) the setting in which the shared services will be 27.16 provided; 27.17 (4) the ongoing monitoring and evaluation of the 27.18 effectiveness and appropriateness of the service and process 27.19 used to make changes in service or setting; and 27.20 (5) a contingency plan which accounts for absence of the 27.21 recipient in a shared services setting due to illness or other 27.22 circumstances and staffing contingencies. 27.23 (f) The provider must offer the recipient or the 27.24 responsible party the option of shared or one-on-one personal 27.25 care assistant services. The recipient or the responsible party 27.26 can withdraw from participating in a shared services arrangement 27.27 at any time. 27.28 (g) In addition to documentation requirements under 27.29 Minnesota Rules, part 9505.2175, a personal care provider must 27.30 meet documentation requirements for shared personal care 27.31 assistant services and must document the following in the health 27.32 service record for each individual recipient sharing services: 27.33 (1) permission by the recipient or the recipient's 27.34 responsible party, if any, for the maximum number of shared 27.35 services hours per week chosen by the recipient; 27.36 (2) permission by the recipient or the recipient's 28.1 responsible party, if any, for personal care assistant services 28.2 provided outside the recipient's residence; 28.3 (3) permission by the recipient or the recipient's 28.4 responsible party, if any, for others to receive shared services 28.5 in the recipient's residence; 28.6 (4) revocation by the recipient or the recipient's 28.7 responsible party, if any, of the shared service authorization, 28.8 or the shared service to be provided to others in the 28.9 recipient's residence, or the shared service to be provided 28.10 outside the recipient's residence; 28.11 (5) supervision of the shared personal care assistant 28.12 services by the qualified professional, including the date, time 28.13 of day, number of hours spent supervising the provision of 28.14 shared services, whether the supervision was face-to-face or 28.15 another method of supervision, changes in the recipient's 28.16 condition, shared services scheduling issues and 28.17 recommendations; 28.18 (6) documentation by the qualified professional of 28.19 telephone calls or other discussions with the personal care 28.20 assistant regarding services being provided to the recipient; 28.21 and 28.22 (7) daily documentation of the shared services provided by 28.23 each identified personal care assistant including: 28.24 (i) the names of each recipient receiving shared services 28.25 together; 28.26 (ii) the setting for the shared services, including the 28.27 starting and ending times that the recipient received shared 28.28 services; and 28.29 (iii) notes by the personal care assistant regarding 28.30 changes in the recipient's condition, problems that may arise 28.31 from the sharing of services, scheduling issues, care issues, 28.32 and other notes as required by the qualified professional. 28.33 (h) Unless otherwise provided in this subdivision, all 28.34 other statutory and regulatory provisions relating to personal 28.35 care services apply to shared services. 28.36 Nothing in this subdivision shall be construed to reduce 29.1 the total number of hours authorized for an individual recipient. 29.2 Sec. 11. Minnesota Statutes 1999 Supplement, section 29.3 256B.0627, subdivision 11, is amended to read: 29.4 Subd. 11. [SHARED PRIVATE DUTY NURSING CARE OPTION.] (a) 29.5 Medical assistance payments for shared private duty nursing 29.6 services by a private duty nurse shall be limited according to 29.7 this subdivision. For the purposes of this section, "private 29.8 duty nursing agency" means an agency licensed under chapter 144A 29.9 to provide private duty nursing services. 29.10 (b) Recipients of private duty nursing services may share 29.11 nursing staff and the commissioner shall provide a rate 29.12 methodology for shared private duty nursing. For two persons 29.13 sharing nursing care, the rate paid to a provider shall not 29.14 exceed 1.5 times the nonwaivered private duty nursing rates paid 29.15 for serving a single individual who is not ventilator dependent, 29.16 by a registered nurse or licensed practical nurse. These rates 29.17 apply only to situations in which both recipients are present 29.18 and receive shared private duty nursing care on the date for 29.19 which the service is billed. No more than two persons may 29.20 receive shared private duty nursing services from a private duty 29.21 nurse in a single setting. 29.22 (c) Shared private duty nursing care is the provision of 29.23 nursing services by a private duty nurse to two recipients at 29.24 the same time and in the same setting. For the purposes of this 29.25 subdivision, "setting" means: 29.26 (1) the home or foster care home of one of the individual 29.27 recipients; or 29.28 (2) a child care program licensed under chapter 245A or 29.29 operated by a local school district or private school; or 29.30 (3) an adult day care service licensed under chapter 245A .; 29.31 or 29.32 (4) outside the home or foster care home of one of the 29.33 recipients when normal life activities take the recipients 29.34 outside the home. 29.35 This subdivision does not apply when a private duty nurse 29.36 is caring for multiple recipients in more than one setting. 30.1 (d) The recipient or the recipient's legal representative, 30.2 and the recipient's physician, in conjunction with the home 30.3 health care agency, shall determine: 30.4 (1) whether shared private duty nursing care is an 30.5 appropriate option based on the individual needs and preferences 30.6 of the recipient; and 30.7 (2) the amount of shared private duty nursing services 30.8 authorized as part of the overall authorization of nursing 30.9 services. 30.10 (e) The recipient or the recipient's legal representative, 30.11 in conjunction with the private duty nursing agency, shall 30.12 approve the setting, grouping, and arrangement of shared private 30.13 duty nursing care based on the individual needs and preferences 30.14 of the recipients. Decisions on the selection of recipients to 30.15 share services must be based on the ages of the recipients, 30.16 compatibility, and coordination of their care needs. 30.17 (f) The following items must be considered by the recipient 30.18 or the recipient's legal representative and the private duty 30.19 nursing agency, and documented in the recipient's health service 30.20 record: 30.21 (1) the additional training needed by the private duty 30.22 nurse to provide care to severaltwo recipients in the same 30.23 setting and to ensure that the needs of the recipients are met 30.24 appropriately and safely; 30.25 (2) the setting in which the shared private duty nursing 30.26 care will be provided; 30.27 (3) the ongoing monitoring and evaluation of the 30.28 effectiveness and appropriateness of the service and process 30.29 used to make changes in service or setting; 30.30 (4) a contingency plan which accounts for absence of the 30.31 recipient in a shared private duty nursing setting due to 30.32 illness or other circumstances; 30.33 (5) staffing backup contingencies in the event of employee 30.34 illness or absence; and 30.35 (6) arrangements for additional assistance to respond to 30.36 urgent or emergency care needs of the recipients. 31.1 (g) The provider must offer the recipient or responsible 31.2 party the option of shared or one-on-one private duty nursing 31.3 services. The recipient or responsible party can withdraw from 31.4 participating in a shared service arrangement at any time. 31.5 (h) The private duty nursing agency must document the 31.6 following in the health service record for each individual 31.7 recipient sharing private duty nursing care: 31.8 (1) permission by the recipient or the recipient's legal 31.9 representative for the maximum number of shared nursing care 31.10 hours per week chosen by the recipient; 31.11 (2) permission by the recipient or the recipient's legal 31.12 representative for shared private duty nursing services provided 31.13 outside the recipient's residence; 31.14 (3) permission by the recipient or the recipient's legal 31.15 representative for others to receive shared private duty nursing 31.16 services in the recipient's residence; 31.17 (4) revocation by the recipient or the recipient's legal 31.18 representative of the shared private duty nursing care 31.19 authorization, or the shared care to be provided to others in 31.20 the recipient's residence, or the shared private duty nursing 31.21 services to be provided outside the recipient's residence; and 31.22 (5) daily documentation of the shared private duty nursing 31.23 services provided by each identified private duty nurse, 31.24 including: 31.25 (i) the names of each recipient receiving shared private 31.26 duty nursing services together; 31.27 (ii) the setting for the shared services, including the 31.28 starting and ending times that the recipient received shared 31.29 private duty nursing care; and 31.30 (iii) notes by the private duty nurse regarding changes in 31.31 the recipient's condition, problems that may arise from the 31.32 sharing of private duty nursing services, and scheduling and 31.33 care issues. 31.34 (i) Unless otherwise provided in this subdivision, all 31.35 other statutory and regulatory provisions relating to private 31.36 duty nursing services apply to shared private duty nursing 32.1 services. 32.2 Nothing in this subdivision shall be construed to reduce 32.3 the total number of private duty nursing hours authorized for an 32.4 individual recipient under subdivision 5. 32.5 Sec. 12. Minnesota Statutes 1999 Supplement, section 32.6 256B.501, subdivision 8a, is amended to read: 32.7 Subd. 8a. [PAYMENT FOR PERSONS WITH SPECIAL NEEDS FOR 32.8 CRISIS INTERVENTION SERVICES.] Community-based crisis services 32.9 authorized by the commissioner or the commissioner's designee 32.10 for a resident of an intermediate care facility for persons with 32.11 mental retardation (ICF/MR) reimbursed under this section shall 32.12 be paid by medical assistance in accordance with the paragraphs 32.13 (a) to (g). 32.14 (a) "Crisis services" means the specialized services listed 32.15 in clauses (1) to (3) provided to prevent the recipient from 32.16 requiring placement in a more restrictive institutional setting 32.17 such as an inpatient hospital or regional treatment center and 32.18 to maintain the recipient in the present community setting. 32.19 (1) The crisis services provider shall assess the 32.20 recipient's behavior and environment to identify factors 32.21 contributing to the crisis. 32.22 (2) The crisis services provider shall develop a 32.23 recipient-specific intervention plan in coordination with the 32.24 service planning team and provide recommendations for revisions 32.25 to the individual service plan if necessary to prevent or 32.26 minimize the likelihood of future crisis situations. The 32.27 intervention plan shall include a transition plan to aid the 32.28 recipient in returning to the community-based ICF/MR if the 32.29 recipient is receiving residential crisis services. 32.30 (3) The crisis services provider shall consult with and 32.31 provide training and ongoing technical assistance to the 32.32 recipient's service providers to aid in the implementation of 32.33 the intervention plan and revisions to the individual service 32.34 plan. 32.35 (b) "Residential crisis services" means crisis services 32.36 that are provided to a recipient admitted to an alternative, 33.1 state-licensed site approved by the commissioner, because the 33.2 ICF/MR receiving reimbursement under this section is not able, 33.3 as determined by the commissioner, to provide the intervention 33.4 and protection of the recipient and others living with the 33.5 recipient that is necessary to prevent the recipient from 33.6 requiring placement in a more restrictive institutional setting. 33.7 (c) Residential crisis services providers must maintain a 33.8 license from the commissioner for the residence when providing 33.9 crisis services for short-term crisis intervention, and must not 33.10 be located in a private residence. 33.11 (d) Payment rates shall be established consistent with 33.12 county negotiated crisis intervention services. 33.13 (e) Payment for residential crisis services is limited to 33.14 21 days, unless an additional period is authorized by the 33.15 commissioner or part of an approved regional plan. 33.16 (f) Payment for crisis services shall be made only for 33.17 services provided while the ICF/MR receiving reimbursement under 33.18 this section :33.19 (1) has a shared services agreement with the crisis33.20 services provider in effect under section 246.57; and33.21 (2)has executed a cooperative agreement with the crisis 33.22 services provider to implement the intervention plan and 33.23 revisions to the individual service plan as necessary to prevent 33.24 or minimize the likelihood of future crisis situations, to 33.25 maintain the recipient in the present community setting, and to 33.26 prevent the recipient from requiring a more restrictive 33.27 institutional setting. 33.28 (g) Payment to the ICF/MR receiving reimbursement under 33.29 this section shall be made for up to 18 therapeutic leave days 33.30 during which the recipient is receiving residential crisis 33.31 services, if the ICF/MR is otherwise eligible to receive payment 33.32 for a therapeutic leave day under Minnesota Rules, part 33.33 9505.0415. Payment under this paragraph shall be terminated if 33.34 the commissioner determines that the ICF/MR is not meeting the 33.35 terms of the sharedcooperative service agreement under 33.36 paragraph (f) or that the recipient will not return to the 34.1 ICF/MR. 34.2 Sec. 13. Minnesota Statutes 1999 Supplement, section 34.3 256B.5011, subdivision 2, is amended to read: 34.4 Subd. 2. [CONTRACT PROVISIONS.] (a) The service contract 34.5 with each intermediate care facility must include provisions for: 34.6 (1) modifying payments when significant changes occur in 34.7 the needs of the consumers; 34.8 (2) the establishment and use of continuousa quality 34.9 improvement processes using the results attained through service34.10 quality monitoringplan. Using criteria and options for 34.11 performance measures developed by the commissioner, each 34.12 intermediate care facility must identify a minimum of one 34.13 performance measure on which to focus its efforts for quality 34.14 improvement during the contract period; 34.15 (3) appropriate and necessary statistical information 34.16 required by the commissioner; 34.17 (4) annual aggregate facility financial information; and 34.18 (5) additional requirements for intermediate care 34.19 facilities not meeting the standards set forth in the service 34.20 contract. 34.21 (b) The commissioner shall recommend to the legislature by34.22 January 15, 2000, whether the contract should include service34.23 quality monitoring that may utilize performance indicators that34.24 measure consumer and program outcomes. Performance measurement34.25 shall not increase or duplicate regulatory requirements.34.26 (b) The commissioner of human services and the commissioner 34.27 of health, in consultation with representatives from counties, 34.28 advocacy organizations, and the provider community, shall review 34.29 the consolidated standards under chapter 245B and the supervised 34.30 living facility rule under Minnesota Rules, chapter 4665, to 34.31 determine what provisions in Minnesota Rules, chapter 4665, may 34.32 be waived by the commissioner of health for intermediate care 34.33 facilities in order to enable facilities to implement the 34.34 performance measures in their contract and provide quality 34.35 services to residents without a duplication of or increase in 34.36 regulatory requirements. 35.1 Sec. 14. Minnesota Statutes 1999 Supplement, section 35.2 256B.5013, subdivision 1, is amended to read: 35.3 Subdivision 1. [VARIABLE RATE ADJUSTMENTS.] For rate years 35.4 beginning on or after October 1, 2000, when there is a 35.5 documented increase in the resource needs of a current ICF/MR 35.6 recipient or recipients, or a person is admitted to a facility 35.7 who requires additional resources, the county of financial 35.8 responsibility may approverecommend approval of an enhanceda 35.9 variable rate for one or more persons in theto enable the 35.10 facility to meet the needs based on the recipient's screening. 35.11 Resource needs directly attributable to an individual that may 35.12 be considered under the variable rate adjustment include 35.13 increased direct staff hours and other specialized services, 35.14 equipment, and human resources. The guidelines in paragraphs 35.15 (a) to (d) apply for the payment rate adjustments under this 35.16 section. 35.17 (a) All persons must be screened according to section 35.18 256B.092, subdivisions 7 and 8, prior to implementation of the 35.19 new payment system, and annually thereafter, and when a variable 35.20 rate is being requested due to changes in the needs of the 35.21 recipient. Screening data shall be analyzed to develop broad 35.22 profiles of the functional characteristics of recipients. Three35.23 components shallCriteria to be used to distinguish recipients35.24 based on the following broaddevelop these profiles shall 35.25 include, but not be limited to: 35.26 (1) the functional ability of a recipient to care for and 35.27 maintain one'sthe recipient's own basic needs; 35.28 (2) the intensity of any aggressive or destructive 35.29 behavior; and35.30 (3) any history of obstructive behavior in combination with 35.31 a diagnosis of psychosis or neurosis .; 35.32 (4) a need for resources due to a change in resident day 35.33 program participation because the resident: (i) has reached the 35.34 age of 65 or has a change in health condition that makes it 35.35 difficult for the person to participate in day training and 35.36 habilitation services over an extended period of time because it 36.1 is medically contraindicated; and (ii) has expressed a desire 36.2 for change through the developmental disabilities screening 36.3 process under section 256B.092; and 36.4 (5) a need for additional resources for intensive 36.5 short-term training which is necessary prior to a recipient's 36.6 discharge to a less restrictive, more integrated setting. 36.7 The profile groupsrecipients' screenings shall be used to 36.8 link resource needs to funding. The resource profile shall 36.9 determine the level of funding that may be authorized by the36.10 county. The county of financial responsibility may approve a36.11 rate adjustment for an individual. The commissioner shall36.12 recommend to the legislature by January 15, 2000, a methodology36.13 using the profile groups to determine variable rates. The 36.14 variable rate must be applied to expenses related to increased 36.15 direct staff hours and other specialized services, equipment, 36.16 and human resources. This variable rate component plus the36.17 facility's current operating payment rate equals the36.18 individual's total operating payment rate.36.19 (b) A recipient must be screened by the county of financial 36.20 responsibility using the developmental disabilities screening 36.21 document completed immediately prior to approval of a variable 36.22 rate by the county. A comparison of the updated screening and 36.23 the previous screening must demonstrate an increase in resource 36.24 needs. 36.25 (c) Rate adjustments projected to exceed the authorized 36.26 funding level associated with the person's profile must be 36.27 submitted to the commissioner. 36.28 (d) The new rate approved through this process shall not be36.29 averaged across all persons living at a facility but shall be an36.30 individual rate.The county of financial responsibility must 36.31 indicate the projected length of time that the additional 36.32 funding may be needed byfor the individual. The need to 36.33 continue an individual variable rate must be reviewed at the end 36.34 of the anticipated duration of need but at least annually 36.35 through the completion of the developmental disabilities 36.36 screening document. 37.1 Sec. 15. Minnesota Statutes 1999 Supplement, section 37.2 256B.5013, is amended by adding a subdivision to read: 37.3 Subd. 5. [REQUIRED DATA; PAYMENT ADJUSTMENTS.] Facilities 37.4 shall maintain and submit monthly bed use data in the form of 37.5 resident days and variable rate information. When a variable 37.6 rate is reported by a facility, monthly bed use data shall be 37.7 used to track the amount and time span of the rate adjustment. 37.8 The total payments made to a facility may be adjusted based on 37.9 concurrent changes in the needs of recipients that are covered 37.10 by a variable rate adjustment. Any adjustment for multiple 37.11 resident changes shall not result in a decrease to the facility 37.12 base rate. 37.13 Sec. 16. Minnesota Statutes 1999 Supplement, section 37.14 256B.5013, is amended by adding a subdivision to read: 37.15 Subd. 6. [COMMISSIONER REVIEW.] During the initial 37.16 contracting period, the commissioner shall review the process of 37.17 variable rate adjustments to determine if the variable rate 37.18 process is being effectively implemented and whether the 37.19 variable rate process minimizes unnecessary detailed 37.20 recordkeeping and meets recipient needs. 37.21 Sec. 17. Minnesota Statutes 1999 Supplement, section 37.22 256B.77, subdivision 8, is amended to read: 37.23 Subd. 8. [RESPONSIBILITIES OF THE COUNTY ADMINISTRATIVE 37.24 ENTITY.] (a) The county administrative entity shall meet the 37.25 requirements of this subdivision, unless the county authority or 37.26 the commissioner, with written approval of the county authority, 37.27 enters into a service delivery contract with a service delivery 37.28 organization for any or all of the requirements contained in 37.29 this subdivision. 37.30 (b) The county administrative entity shall enroll eligible 37.31 individuals regardless of health or disability status. 37.32 (c) The county administrative entity shall provide all 37.33 enrollees timely access to the medical assistance benefit set. 37.34 Alternative services and additional services are available to 37.35 enrollees at the option of the county administrative entity and 37.36 may be provided if specified in the personal support plan. 38.1 County authorities are not required to seek prior authorization 38.2 from the department as required by the laws and rules governing 38.3 medical assistance. 38.4 (d) The county administrative entity shall cover necessary 38.5 services as a result of an emergency without prior 38.6 authorization, even if the services were rendered outside of the 38.7 provider network. 38.8 (e) The county administrative entity shall authorize 38.9 necessary and appropriate services when needed and requested by 38.10 the enrollee or the enrollee's legal representative in response 38.11 to an urgent situation. Enrollees shall have 24-hour access to 38.12 urgent care services coordinated by experienced disability 38.13 providers who have information about enrollees' needs and 38.14 conditions. 38.15 (f) The county administrative entity shall accept the 38.16 capitation payment from the commissioner in return for the 38.17 provision of services for enrollees. 38.18 (g) The county administrative entity shall maintain 38.19 internal grievance and complaint procedures, including an 38.20 expedited informal complaint process in which the county 38.21 administrative entity must respond to verbal complaints within 38.22 ten calendar days, and a formal grievance process, in which the 38.23 county administrative entity must respond to written complaints 38.24 within 30 calendar days. 38.25 (h) The county administrative entity shall provide a 38.26 certificate of coverage, upon enrollment, to each enrollee and 38.27 the enrollee's legal representative, if any, which describes the 38.28 benefits covered by the county administrative entity, any 38.29 limitations on those benefits, and information about providers 38.30 and the service delivery network. This information must also be 38.31 made available to prospective enrollees. This certificate must 38.32 be approved by the commissioner. 38.33 (i) The county administrative entity shall present evidence 38.34 of an expedited process to approve exceptions to benefits, 38.35 provider network restrictions, and other plan limitations under 38.36 appropriate circumstances. 39.1 (j) The county administrative entity shall provide 39.2 enrollees or their legal representatives with written notice of 39.3 their appeal rights under subdivision 16, and of ombudsman and 39.4 advocacy programs under subdivisions 13 and 14, at the following 39.5 times: upon enrollment, upon submission of a written complaint, 39.6 when a service is reduced, denied, or terminated, or when 39.7 renewal of authorization for ongoing service is refused. 39.8 (k) The county administrative entity shall determine 39.9 immediate needs, including services, support, and assessments, 39.10 within 30 calendar days after enrollment, or within a shorter 39.11 time frame if specified in the intergovernmental contract. 39.12 (l) The county administrative entity shall assess the need 39.13 for services of new enrollees within 60 calendar days after 39.14 enrollment, or within a shorter time frame if specified in the 39.15 intergovernmental contract, and periodically reassess the need 39.16 for services for all enrollees. 39.17 (m) The county administrative entity shall ensure the 39.18 development of a personal support plan for each person within 60 39.19 calendar days of enrollment, or within a shorter time frame if 39.20 specified in the intergovernmental contract, unless otherwise 39.21 agreed to by the enrollee and the enrollee's legal 39.22 representative, if any. Until a personal support plan is 39.23 developed and agreed to by the enrollee, enrollees must have 39.24 access to the same amount, type, setting, duration, and 39.25 frequency of covered services that they had at the time of 39.26 enrollment unless other covered services are needed. For an 39.27 enrollee who is not receiving covered services at the time of 39.28 enrollment and for enrollees whose personal support plan is 39.29 being revised, access to the medical assistance benefit set must 39.30 be assured until a personal support plan is developed or 39.31 revised. If an enrollee chooses not to develop a personal 39.32 support plan, the enrollee will be subject to the network and 39.33 prior authorization requirements of the county administrative 39.34 entity or service delivery organization 60 days after 39.35 enrollment. An enrollee can choose to have a personal support 39.36 plan developed at any time. The personal support plan must be 40.1 based on choices, preferences, and assessed needs and strengths 40.2 of the enrollee. The service coordinator shall develop the 40.3 personal support plan, in consultation with the enrollee or the 40.4 enrollee's legal representative and other individuals requested 40.5 by the enrollee. The personal support plan must be updated as 40.6 needed or as requested by the enrollee. Enrollees may choose 40.7 not to have a personal support plan. 40.8 (n) The county administrative entity shall ensure timely 40.9 authorization, arrangement, and continuity of needed and covered 40.10 supports and services. 40.11 (o) The county administrative entity shall offer service 40.12 coordination that fulfills the responsibilities under 40.13 subdivision 12 and is appropriate to the enrollee's needs, 40.14 choices, and preferences, including a choice of service 40.15 coordinator. 40.16 (p) The county administrative entity shall contract with 40.17 schools and other agencies as appropriate to provide otherwise 40.18 covered medically necessary medical assistance services as 40.19 described in an enrollee's individual family support plan, as 40.20 described in sections 125A.26 to 125A.48, or individual 40.21 education plan, as described in chapter 125A. 40.22 (q) The county administrative entity shall develop and 40.23 implement strategies, based on consultation with affected 40.24 groups, to respect diversity and ensure culturally competent 40.25 service delivery in a manner that promotes the physical, social, 40.26 psychological, and spiritual well-being of enrollees and 40.27 preserves the dignity of individuals, families, and their 40.28 communities. 40.29 (r) When an enrollee changes county authorities, county 40.30 administrative entities shall ensure coordination with the 40.31 entity that is assuming responsibility for administering the 40.32 medical assistance benefit set to ensure continuity of supports 40.33 and services for the enrollee. 40.34 (s) The county administrative entity shall comply with 40.35 additional requirements as specified in the intergovernmental 40.36 contract. 41.1 (t) To the extent that alternatives are approved under 41.2 subdivision 17, county administrative entities must provide for 41.3 the health and safety of enrollees and protect the rights to 41.4 privacy and to provide informed consent. 41.5 (u) Prepaid health plans serving counties with a nonprofit 41.6 community clinic or community health services agency must 41.7 contract with the clinic or agency to provide services to 41.8 clients who choose to receive services from the clinic or 41.9 agency, if the clinic or agency agrees to payment rates that are 41.10 competitive with rates paid to other health plan providers for 41.11 the same or similar services. 41.12 For purposes of this paragraph, "nonprofit community 41.13 clinic" includes, but is not limited to, a community mental 41.14 health center as defined in sections 245.62 and 256B.0625, 41.15 subdivision 5. 41.16 Sec. 18. [EFFECTIVE DATE.] 41.17 Section 6, amending section 256B.0625, subdivision 19a, is 41.18 effective the day following final enactment.