SF 690

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:14am

A bill for an act
relating to human services; modifying 24-hour customized living services;
amending Minnesota Statutes 2008, section 256B.0915, subdivision 3h.

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

Section 1.

Minnesota Statutes 2008, section 256B.0915, subdivision 3h, is amended to
read:

Subd. 3h.

Service rate limits; 24-hour customized living services.

new text begin (a) new text end The
payment rates for 24-hour customized living services is a monthly rate negotiated and
authorized by the lead agency within the parameters established by the commissioner
of human services. The payment agreement must delineate the services that have been
customized for each recipient and specify the amount of each service to be provided. The
lead agency shall ensure that there is a documented need for all services authorized.
The lead agency shall not authorize 24-hour customized living services unless there is
a documented need for 24-hour supervision. For purposes of this section, "24-hour
supervision" means that the recipient requires assistance due to needs related to one or
more of the following:

(1) intermittent assistance with toileting or transferring;

(2) cognitive or behavioral issues;

(3) a medical condition that requires clinical monitoring; or

(4) other conditions or needs as defined by the commissioner of human services.
The lead agency shall ensure that the frequency and mode of supervision of the recipient
and the qualifications of staff providing supervision are described and meet the needs
of the recipient. Customized living services must not include rent or raw food costs.
The negotiated payment rate for 24-hour customized living services must be based on
services to be provided. Negotiated rates must not exceed payment rates for comparable
elderly waiver or medical assistance services and must reflect economies of scale. The
individually negotiated 24-hour customized living payments, in combination with the
payment for other elderly waiver services, including case management, must not exceed
the recipient's community budget cap specified in subdivision 3a.

new text begin (b) When a Class F or Class A home care provider is responsible for providing
services to persons in a registered housing with services establishment that adjoins a
nursing facility or hospital, is licensed to serve 12 or fewer persons, and has nighttime
staffing and supervision provided by staff in the adjoining building, persons who require
assistance in accordance with the assessment criteria outlined in paragraph (a) may be
assisted under a service plan that includes authorization up to the payment rate limits
established in this subdivision when all other requirements in this subdivision are met.
Time spent by staff providing services and supervision to the recipients of services
in each licensed program must be documented and allocated to each licensed program
accordingly. For purposes of this paragraph, "adjoining" means physically attached or
connected by a corridor to a nursing facility or hospital. This paragraph does not apply to
providers who are subject to section 325F.72. This paragraph expires on June 30, 2011.
new text end