SF 2107

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to human services; authorizing reimbursement 
  1.3             for tracheostomy suctioning when performed by personal 
  1.4             care assistants; amending Minnesota Statutes 1996, 
  1.5             section 256B.0627, subdivision 4. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1996, section 256B.0627, 
  1.8   subdivision 4, is amended to read: 
  1.9      Subd. 4.  [PERSONAL CARE SERVICES.] (a) The personal care 
  1.10  services that are eligible for payment are the following:  
  1.11     (1) bowel and bladder care; 
  1.12     (2) skin care to maintain the health of the skin; 
  1.13     (3) repetitive maintenance range of motion, muscle 
  1.14  strengthening exercises, and other tasks specific to maintaining 
  1.15  a recipient's optimal level of function; 
  1.16     (4) respiratory assistance; 
  1.17     (5) transfers and ambulation; 
  1.18     (6) bathing, grooming, and hairwashing necessary for 
  1.19  personal hygiene; 
  1.20     (7) turning and positioning; 
  1.21     (8) assistance with furnishing medication that is 
  1.22  self-administered; 
  1.23     (9) application and maintenance of prosthetics and 
  1.24  orthotics; 
  1.25     (10) cleaning medical equipment; 
  2.1      (11) dressing or undressing; 
  2.2      (12) assistance with eating and meal preparation and 
  2.3   necessary grocery shopping; 
  2.4      (13) accompanying a recipient to obtain medical diagnosis 
  2.5   or treatment; 
  2.6      (14) assisting, monitoring, or prompting the recipient to 
  2.7   complete the services in clauses (1) to (13); 
  2.8      (15) redirection, monitoring, and observation that are 
  2.9   medically necessary and an integral part of completing the 
  2.10  personal care services described in clauses (1) to (14); 
  2.11     (16) redirection and intervention for behavior, including 
  2.12  observation and monitoring; 
  2.13     (17) interventions for seizure disorders, including 
  2.14  monitoring and observation if the recipient has had a seizure 
  2.15  that requires intervention within the past three months; and 
  2.16     (18) tracheostomy suctioning using a clean procedure if the 
  2.17  procedure is properly delegated by a registered nurse.  Before 
  2.18  this procedure can be delegated to a personal care assistant, a 
  2.19  registered nurse must determine that the tracheostomy suctioning 
  2.20  can be accomplished utilizing a clean rather than a sterile 
  2.21  procedure and must ensure that the personal care assistant has 
  2.22  been taught the proper procedure; and 
  2.23     (19) incidental household services that are an integral 
  2.24  part of a personal care service described in clauses (1) to 
  2.25  (17) (18). 
  2.26  For purposes of this subdivision, monitoring and observation 
  2.27  means watching for outward visible signs that are likely to 
  2.28  occur and for which there is a covered personal care service or 
  2.29  an appropriate personal care intervention.  For purposes of this 
  2.30  subdivision, a clean procedure refers to a procedure that 
  2.31  reduces the numbers of microorganisms or prevents or reduces the 
  2.32  transmission of microorganisms from one person or place to 
  2.33  another. 
  2.34     (b) The personal care services that are not eligible for 
  2.35  payment are the following:  
  2.36     (1) services not ordered by the physician; 
  3.1      (2) assessments by personal care provider organizations or 
  3.2   by independently enrolled registered nurses; 
  3.3      (3) services that are not in the service plan; 
  3.4      (4) services provided by the recipient's spouse, legal 
  3.5   guardian for an adult or child recipient, or parent of a 
  3.6   recipient under age 18; 
  3.7      (5) services provided by a foster care provider of a 
  3.8   recipient who cannot direct the recipient's own care, unless 
  3.9   monitored by a county or state case manager under section 
  3.10  256B.0625, subdivision 19a; 
  3.11     (6) services provided by the residential or program license 
  3.12  holder in a residence for more than four persons; 
  3.13     (7) services that are the responsibility of a residential 
  3.14  or program license holder under the terms of a service agreement 
  3.15  and administrative rules; 
  3.16     (8) sterile procedures; 
  3.17     (9) injections of fluids into veins, muscles, or skin; 
  3.18     (10) services provided by parents of adult recipients, 
  3.19  adult children or adult siblings of the recipient, unless these 
  3.20  relatives meet one of the following hardship criteria and the 
  3.21  commissioner waives this requirement: 
  3.22     (i) the relative resigns from a part-time or full-time job 
  3.23  to provide personal care for the recipient; 
  3.24     (ii) the relative goes from a full-time to a part-time job 
  3.25  with less compensation to provide personal care for the 
  3.26  recipient; 
  3.27     (iii) the relative takes a leave of absence without pay to 
  3.28  provide personal care for the recipient; 
  3.29     (iv) the relative incurs substantial expenses by providing 
  3.30  personal care for the recipient; or 
  3.31     (v) because of labor conditions or intermittent hours of 
  3.32  care needed, the relative is needed in order to provide an 
  3.33  adequate number of qualified personal care assistants to meet 
  3.34  the medical needs of the recipient; 
  3.35     (11) homemaker services that are not an integral part of a 
  3.36  personal care services; 
  4.1      (12) home maintenance, or chore services; 
  4.2      (13) services not specified under paragraph (a); and 
  4.3      (14) services not authorized by the commissioner or the 
  4.4   commissioner's designee.