SF 1449

as introduced - 87th Legislature (2011 - 2012) Posted on 02/23/2012 09:52am

A bill for an act
relating to human services; modifying personal care assistance services;
amending Minnesota Statutes 2010, section 256B.0659, subdivision 2.

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

Section 1.

Minnesota Statutes 2010, section 256B.0659, subdivision 2, is amended to
read:

Subd. 2.

Personal care assistance services; covered services.

(a) The personal
care assistance services eligible for payment include services and supports furnished
to an individual, as needed, to assist in:

(1) activities of daily living;

(2) health-related procedures and tasks;

(3) observation and redirection of behaviors; and

(4) instrumental activities of daily living.

(b) Activities of daily living include the following covered services:

(1) dressing, including assistance with choosing, application, and changing of
clothing and application of special appliances, wraps, or clothing;

(2) grooming, including assistance with basic hair care, oral care, shaving, applying
cosmetics and deodorant, and care of eyeglasses and hearing aids. Nail care is included,
except for recipients who are diabetic or have poor circulation;

(3) bathing, including assistance with basic personal hygiene and skin care;

(4) eating, including assistance with hand washing and application of orthotics
required for eating, transfers, and feeding;

(5) transfers, including assistance with transferring the recipient from one seating or
reclining area to another;

(6) mobility, including assistance with ambulation, including use of a wheelchair.
Mobility does not include providing transportation for a recipient;

(7) positioning, including assistance with positioning or turning a recipient for
necessary care and comfort; and

(8) toileting, including assistance with helping recipient with bowel or bladder
elimination and care including transfers, mobility, positioning, feminine hygiene, use of
toileting equipment or supplies, cleansing the perineal area, inspection of the skin, and
adjusting clothing.

(c) Health-related procedures and tasks include the following covered services:

(1) range of motion and passive exercise to maintain a recipient's strength and
muscle functioning;

(2) assistance with self-administered medication as defined by this section, including
reminders to take medication, bringing medication to the recipient, and assistance with
opening medication under the direction of the recipient or responsible party;

(3) interventions for seizure disorders, including monitoring and observation; and

(4) other activities considered within the scope of the personal care service and
meeting the definition of health-related procedures and tasks under this section.

(d) A personal care assistant may provide health-related procedures and tasks
associated with the complex health-related needs of a recipient if the procedures and
tasks meet the definition of health-related procedures and tasks under this section and the
personal care assistant is trained by a qualified professional and demonstrates competency
to safely complete the procedures and tasks. Delegation of health-related procedures and
tasks and all training must be documented in the personal care assistance care plan and the
recipient's and personal care assistant's files.

(e) Effective January 1, 2010, for a personal care assistant to provide the
health-related procedures and tasks of tracheostomy suctioning and services to recipients
on ventilator support there must be:

(1) delegation and training by a registered nurse, certified or licensed respiratory
therapist, or a physician;

(2) utilization of clean rather than sterile procedure;

(3) specialized training about the health-related procedures and tasks and equipment,
including ventilator operation and maintenance;

(4) individualized training regarding the needs of the recipient; and

(5) supervision by a qualified professional who is a registered nurse.

(f) Effective January 1, 2010, a personal care assistant may observe and redirect the
recipient for episodes where there is a need for redirection due to behaviors. Training of
the personal care assistant must occur based on the needs of the recipient, the personal
care assistance care plan, and any other support services provided.

(g) Instrumental activities of daily living under subdivision 1, paragraph (i).

new text begin (h) Notwithstanding subdivision 3, paragraph (b), personal care assistance services
may be furnished by a provider that controls the living arrangement, including licensed or
unlicensed services, when all of the following conditions are met and the service results in
a cost savings by supporting community-based care:
new text end

new text begin (1) the service is necessary to transition the individual from an acute care hospital
or, without the service, the individual would be admitted to an acute care hospital within
two days;
new text end

new text begin (2) the service must meet the definition of health-related procedures and tasks;
new text end

new text begin (3) the individual must be assessed to have at least one complex health-related need
in accordance with subdivision 4, paragraph (c), clause (4);
new text end

new text begin (4) the individual must be assessed to require and must be receiving nursing services;
new text end

new text begin (5) the individual must require assistance in at least one critical activity of daily
living;
new text end

new text begin (6) the individual must be offered a choice of providers and, if the individual elects
to receive personal care assistance services and nursing services from the same provider,
this choice must be documented in the individual's file; and
new text end

new text begin (7) the service does not duplicate any other covered service.
new text end