HF 60

1st Unofficial Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health; allowing reimbursement for 
  1.3             supplemental private duty nursing services provided by 
  1.4             spouses of recipients under the community alternative 
  1.5             care home and community-based waivered services 
  1.6             program; amending Minnesota Statutes 1998, section 
  1.7             256B.49, by adding a subdivision. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1998, section 256B.49, is 
  1.10  amended by adding a subdivision to read: 
  1.11     Subd. 10.  [PRIVATE DUTY NURSING SERVICES PROVIDED BY A 
  1.12  SPOUSE.] Notwithstanding the provisions of Minnesota Rules, 
  1.13  parts 9505.3500 to 9505.3700, the commissioner shall seek to 
  1.14  amend the community alternative care home and community-based 
  1.15  waivered services program to include payment for spouses 
  1.16  providing private duty nursing care to a recipient who can 
  1.17  direct his or her own care, as defined in Minnesota Rules, part 
  1.18  9505.0335, subpart 1, item A.  Private duty nursing may be 
  1.19  provided by a spouse who is a licensed nurse employed by a 
  1.20  Medicare certified home health agency, in cases where there is a 
  1.21  lack of a sufficient number of qualified providers or private 
  1.22  duty nurses and to prevent the hospitalization of the 
  1.23  recipient.  Private duty nursing services provided by a spouse 
  1.24  cannot be used in lieu of nursing services covered and available 
  1.25  under liable third-party payers including Medicare and medical 
  1.26  assistance not paid by the waiver.  The private duty nursing 
  2.1   provided by a spouse must be included in the plan of care and 
  2.2   must be scheduled by the home health agency, and may be covered 
  2.3   for up to 24 hours per week.  In no case shall the authorization 
  2.4   of these services provided by the spouse exceed 50 percent of 
  2.5   the total approved nursing hours or eight hours per day, 
  2.6   whichever is less.  Nothing in this subdivision precludes the 
  2.7   spouse's obligation of assuming the nonreimbursed family 
  2.8   responsibilities of emergency backup caregiver and primary 
  2.9   caregiver.  The waiver interdisciplinary team shall recommend to 
  2.10  the commissioner whether the provision of private duty nursing 
  2.11  care by a spouse is appropriate.  In no case shall a spouse be 
  2.12  paid to provide private duty nursing care if the spouse fails to 
  2.13  pass a criminal background check according to section 245A.04, 
  2.14  or if it has been determined by the home health agency or the 
  2.15  waiver case manager that the private duty nursing care provided 
  2.16  by the spouse is unsafe.  This subdivision is effective upon the 
  2.17  date of federal approval.