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SF 2246

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

  1.1                          A bill for an act 
  1.2             relating to human services; reducing age requirements 
  1.3             for personal care assistants in school-sponsored work 
  1.4             programs; amending Minnesota Statutes 1994, section 
  1.5             256B.0627, subdivision 1, as amended. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1994, section 256B.0627, 
  1.8   subdivision 1, as amended by Laws 1995, chapter 207, article 6, 
  1.9   sections 52; and 125, subdivision 9, is amended to read: 
  1.10     Subdivision 1.  [DEFINITION�.] (a) "Assessment" means a 
  1.11  review and evaluation of a recipient's need for home care 
  1.12  services conducted in person.  Assessments for private duty 
  1.13  nursing shall be conducted by a private duty nurse.  Assessments 
  1.14  for home health agency services shall be conducted by a home 
  1.15  health agency nurse.  Assessments for personal care services 
  1.16  shall be conducted by the county public health nurse or a 
  1.17  certified public health nurse under contract with the county.  
  1.18  Assessments must be completed on forms provided by the 
  1.19  commissioner within 30 days of a request for home care services 
  1.20  by a recipient or responsible party. 
  1.21     (b) "Care plan" means a written description of personal 
  1.22  care assistant services developed by the agency nurse with the 
  1.23  recipient or responsible party to be used by the personal care 
  1.24  assistant with a copy provided to the recipient or responsible 
  1.25  party. 
  2.1      (c) "Home care services" means a health service, determined 
  2.2   by the commissioner as medically necessary, that is ordered by a 
  2.3   physician and documented in a care plan that is reviewed by the 
  2.4   physician at least once every 60 days for the provision of home 
  2.5   health services, or private duty nursing, or at least once every 
  2.6   365 days for personal care.  Home care services are provided to 
  2.7   the recipient at the recipient's residence that is a place other 
  2.8   than a hospital or long-term care facility or as specified in 
  2.9   section 256B.0625.  
  2.10     (d) "Medically necessary" has the meaning given in 
  2.11  Minnesota Rules, parts 9505.0170 to 9505.0475.  
  2.12     (e) "Personal care assistant" means a person who:  (1) is 
  2.13  at least 18 years old, or at least 16 years old and employed 
  2.14  through a school-sponsored work program; (2) is able to read, 
  2.15  write, and speak English, or communicate with sign language, as 
  2.16  well as communicate with the recipient; (3) effective July 1, 
  2.17  1996, has completed one of the training requirements as 
  2.18  specified in Minnesota Rules, part 9505.0335, subpart 3, items A 
  2.19  to D; (4) has the ability to, and provides covered personal care 
  2.20  services according to the recipient's care plan; (5) is not a 
  2.21  consumer of personal care services; and (6) is subject to 
  2.22  criminal background checks.  An individual who has ever been 
  2.23  convicted of a crime specified in Minnesota Rules, part 
  2.24  4668.0020, subpart 14, or a comparable crime in another 
  2.25  jurisdiction is disqualified from being a personal care 
  2.26  assistant. 
  2.27     (f) "Personal care provider organization" means an 
  2.28  organization enrolled to provide personal care services under 
  2.29  the medical assistance program that complies with the 
  2.30  following:  (1) owners who have a five percent interest or more 
  2.31  are subject to a criminal history check as provided in section 
  2.32  245A.04 at the time of application.  An organization will be 
  2.33  barred from enrollment if an owner or managerial official of the 
  2.34  organization has ever been convicted of a crime specified in 
  2.35  Minnesota Rules, part 4668.0020, subpart 14, or a comparable 
  2.36  crime in another jurisdiction; (2) the organization must 
  3.1   maintain a surety bond and liability insurance throughout the 
  3.2   duration of enrollment and provides proof thereof.  The insurer 
  3.3   must notify the department of human services of the cancellation 
  3.4   or lapse of policy; and (3) the organization must maintain 
  3.5   documentation of services as specified in Minnesota Rules, part 
  3.6   9505.2175, subpart 7, as well as evidence of compliance with 
  3.7   personal care assistant training requirements. 
  3.8      (g) "Service plan" means a written description of the 
  3.9   services needed based on the assessment developed by the nurse 
  3.10  who conducts the assessment together with the recipient.  The 
  3.11  service plan shall include a description of the covered home 
  3.12  care services, frequency and duration of services, and expected 
  3.13  outcomes and goals.  The recipient and the provider chosen by 
  3.14  the recipient or responsible party must be given a copy of the 
  3.15  completed service plan within 30 calendar days of the request 
  3.16  for home care services by the recipient or responsible party.