SF 2539

as introduced - 90th Legislature (2017 - 2018) Posted on 03/09/2018 09:35am

A bill for an act
relating to human services; creating an exception to certain personal care assistant
requirements; establishing supplemental personal care assistance provider agencies;
amending Minnesota Statutes 2016, section 256B.0659, by adding a subdivision;
proposing coding for new law in Minnesota Statutes, chapter 256B.

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

Section 1.

Minnesota Statutes 2016, section 256B.0659, is amended by adding a subdivision
to read:

new text begin Subd. 11b. new text end

new text begin Exception to personal care assistant requirements; recipient-initiated
visits. new text end

new text begin (a) Notwithstanding subdivision 25, clause (3), a personal care assistant may affiliate
with a recipient’s personal care assistance provider agency and immediately begin providing
services under this section if the following conditions are met:
new text end

new text begin (1) the recipient determines that the recipient’s personal care assistance provider agency
cannot meet its obligation to provide backup staffing according to the backup staffing plan
in the recipient’s personal care assistance care plan under subdivision 7;
new text end

new text begin (2) the recipient chooses a personal care assistant affiliated with another personal care
assistance provider agency;
new text end

new text begin (3) the recipient is not restricted by the Minnesota restricted recipients program;
new text end

new text begin (4) the recipient's chosen personal care assistant has been continuously enrolled since
the last clear and transferable Netstudy 2.0 background study was completed with a provider
agency that has been continuously enrolled as a personal care assistance provider agency
for at least two years;
new text end

new text begin (5) the recipient's chosen personal care assistant continues to meet requirements of
subdivision 11, excluding paragraph (a), clause (3);
new text end

new text begin (6) the recipient's chosen personal care assistant has completed temporary personal care
assistant training as determined by the commissioner;
new text end

new text begin (7) the recipient’s chosen personal care assistant must not provide assistance with
health-related procedures and tasks under subdivision 2, paragraphs (c) to (e), or redirection
due to behaviors under subdivision 2, paragraph (f), without first receiving individualized
training;
new text end

new text begin (8) the recipient's chosen personal care assistant does not provide personal care assistance
to the recipient for more than six days without first being evaluated by a qualified professional
as required under subdivision 14, paragraph (c); and
new text end

new text begin (9) the recipient's employment status of the recipient’s chosen personal care assistant
meets the requirements of paragraph (b).
new text end

new text begin (b) Before the recipient’s chosen personal care assistant may provide services under this
subdivision, the recipient’s chosen personal care assistant must be either:
new text end

new text begin (1) employed by the recipient or the recipient’s personal care provider agency; or
new text end

new text begin (2) the subject of an executed secondment agreement or similar agreement between the
recipient’s provider agency and the personal care assistant’s employer that clearly specifies
which party is the employer of record; which party bears responsibility for any liabilities,
including any medical liability; which party has responsibility to maintain workers’
compensation coverage and other insurance; whether any party agrees to indemnify the
other, particularly with respect to any joint employer liability for wage and hour claims;
and whether and by what amount one party will reimburse the other. The secondment
agreement must also contain an addendum in which the personal care attendant’s employer
stipulates that the requirements of paragraph (a), clauses (4) to (6), are satisfied.
new text end

new text begin (c) Nothing in this subdivision requires a recipient's personal care assistance provider
agency to hire the recipient's chosen personal care assistant or to enter into any secondment
agreement.
new text end

new text begin (d) The commissioner shall pay the personal care assistance rate for services provided
under this subdivision to the recipient’s personal care assistance provider agency.
new text end

new text begin (e) A personal care assistance care plan under subdivision 7 must not rely solely on this
subdivision for the purposes of any required backup staffing plan. A personal care assistance
care plan must not include only use of the exception process under this subdivision as part
of a backup staffing plan under subdivision 7, paragraph (b), clause (3). Nothing in this
subdivision provides a defense against administrative action, including the assessment of
fines, against a qualified professional or a personal care assistance provider agency for
failing to meet its obligations under subdivision 7, paragraph (b), clause (3).
new text end

new text begin (f) Managed care organizations shall provide recipient-initiated visits that meet the
requirements of paragraph (a) in accordance with contract requirements established by the
commissioner.
new text end

Sec. 2.

new text begin [256B.067] SUPPLEMENTAL PERSONAL CARE ASSISTANCE SERVICES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the terms in this
subdivision have the meanings given.
new text end

new text begin (b) “Host personal care assistance provider agency” or “host agency” means a personal
care assistance provider agency to which a supplemental personal care assistance provider
agency provides a temporary personal care assistant.
new text end

new text begin (c) "Personal care assistance care plan" has the meaning given in section 256B.0659,
subdivision 1, paragraph (n).
new text end

new text begin (d) "Personal care assistance provider agency" has the meaning given in section
256B.0659, subdivision 1, paragraph (l).
new text end

new text begin (e) "Personal care assistant" or "PCA" has the meaning given in section 256B.0659,
subdivision 1, paragraph (m).
new text end

new text begin (f) "Qualified professional" has the meaning given in section 256B.0659, subdivision
1, paragraph (k).
new text end

new text begin (g) "Responsible party" has the meaning given in section 256B.0659, subdivision 1,
paragraph (o).
new text end

new text begin (h) "Supplemental personal care assistance provider agency" or “supplemental agency”
means a personal care assistance provider agency engaged for hire in the business of
providing temporary personal care assistants to a host personal care assistance provider
agency. Supplemental personal care assistance provider agency does not include an individual
who only engages in providing the individual's services on a temporary basis to a personal
care assistance provider agency.
new text end

new text begin (i) “Temporary personal care assistant” or “temporary PCA” means a personal care
assistant who meets the requirements of subdivision 4, is an employee of a supplemental
personal care assistance provider agency, and who is provided by the supplemental personal
care assistance provider agency to a host personal care assistance provider agency.
new text end

new text begin Subd. 2. new text end

new text begin Requirements for provider enrollment of supplemental personal care
assistance provider agencies. new text end

new text begin (a) All supplemental personal care assistance provider
agencies must:
new text end

new text begin (1) be enrolled in the medical assistance program as a personal care assistance provider
agency;
new text end

new text begin (2) have been continuously enrolled in the medical assistance program as a personal
care assistance provider agency for at least two years; and
new text end

new text begin (3) in order to reenroll as a supplemental personal care assistance provider agency, have
provided a temporary personal care assistant to a host personal care assistance provider
agency during the year preceding the supplemental personal care assistance provider agency’s
reenrollment date.
new text end

new text begin (b) All the requirements of section 256B.0659, subdivisions 21 to 23, that apply to
personal care assistance provider agencies also apply to supplemental personal care assistance
provider agencies.
new text end

new text begin (c) In addition to satisfying the requirements of section 256B.0659, subdivision 21, at
the time of enrollment, reenrollment, and revalidation as a supplemental personal care
assistance provider agency, all supplemental personal care assistance provider agencies
must provide in a format determined by the commissioner, information and documentation
that includes, but is not limited to, the following:
new text end

new text begin (1) proof that each temporary personal care assistant provided to a host personal care
assistance provider agency currently meets the requirements of subdivision 4;
new text end

new text begin (2) proof that the supplemental personal care assistance provider agency currently meets
all requirements of section 256B.0659, subdivision 21, including proof that surety bond
coverage, fidelity bond coverage, workers’ compensation insurance coverage, and liability
coverage each include coverage of any temporary PCA while the temporary PCA is providing
services to a host personal care assistance provider agency; and
new text end

new text begin (3) documentation that each temporary personal care assistant provided to a host personal
care assistance provider agency is an employee of the supplemental personal care assistance
provider agency and is neither an independent contractor nor an employee of the host agency.
new text end

new text begin Subd. 3. new text end

new text begin Duties of supplemental personal care assistance agencies. new text end

new text begin (a) All the duties
of personal care assistance provider agencies under section 256B.0659, subdivision 24,
except clauses (11), (13), and (14); and subdivisions 25, 28, and 31, apply to supplemental
personal care assistance provider agencies.
new text end

new text begin (b) Upon agreement between the supplemental personal care assistance provider agency
and the host personal care assistance provider agency, the supplemental agency shall provide
a temporary PCA to the host agency so that the host agency can ensure a recipient of the
host agency’s services receives adequate and timely services in the event that the host’s
backup staffing plan is inadequate to meet the immediate needs of the recipient.
new text end

new text begin (c) The supplemental personal care assistance provider agency is the employer of the
temporary personal care assistant. The supplemental agency shall be responsible for
compensating a temporary PCA for services the temporary PCA provides.
new text end

new text begin Subd. 4. new text end

new text begin Requirements for temporary personal care assistants. new text end

new text begin (a) All requirements
for personal care assistants under section 256B.0659, subdivisions 11 and 12, apply to
temporary personal care assistants; except, notwithstanding section 256B.0659, subdivision
11, paragraph (a), clause (3), a temporary PCA who has been continuously enrolled with
the supplemental agency since the temporary PCA’s last background study was completed
may provide PCA services to a host agency without the host agency initiating a new
background study.
new text end

new text begin (b) Only personal care assistants who have been continuously enrolled as a personal
care assistant for at least two years and who have been continuously employed by the same
personal care assistance provider agency for at least two years are eligible to provide
temporary personal care assistance services.
new text end

new text begin Subd. 5. new text end

new text begin Duties of host personal care assistance provider agencies. new text end

new text begin All the duties of
personal care assistance provider agencies under section 256B.0659 apply to host personal
care assistance provider agencies, except with respect to temporary personal care assistants,
the host agency is not responsible for the duties under:
new text end

new text begin (1) section 256B.0659, subdivision 19, paragraph (c), clauses (1), (3), (4), (5), and (7);
new text end

new text begin (2) section 256B.0659, subdivision 24, clauses (7), (8), and (10); and
new text end

new text begin (3) section 256B.0659, subdivision 25.
new text end

new text begin Subd. 6. new text end

new text begin Availability of supplemental personal care assistance services not a
substitute for adequate backup staffing plan. new text end

new text begin (a) A host personal care assistance provider
agency shall not rely on the services available under this section for the purposes of any
required backup staffing plan.
new text end

new text begin (b) A personal care assistance care plan must not include the use of supplemental personal
care assistance services available under this section as part of a backup staffing plan under
section 256B.0659, subdivision 7, paragraph (b), clause (3).
new text end

new text begin (c) Nothing in this section provides a defense against administrative action, including
the assessment of fines, against a qualified professional or personal care assistance provider
agency for failing to meet its obligations under section 256B.0659, subdivision 7, paragraph
(b), clause (3).
new text end

new text begin Subd. 7. new text end

new text begin Administrative action. new text end

new text begin When a host personal care assistance provider agency
contracts with a supplemental personal care assistance provider agency, the commissioner
shall treat temporary personal care assistants as if they are staff of the host agency.
new text end

new text begin Subd. 8. new text end

new text begin Limitations on use of temporary personal care assistants. new text end

new text begin (a) A host personal
care assistance provider agency may use a temporary personal care assistant only if:
new text end

new text begin (1) the recipient or responsible party gives informed consent to the use of temporary
personal care assistants and the recipient’s or responsible party’s informed consent is
documented in the recipient’s personal care assistance care plan under section 256B.0659,
subdivision 7; or
new text end

new text begin (2) the written agreement under section 256B.0659, subdivision 20, paragraph (a),
includes procedures for using temporary personal care assistants.
new text end

new text begin (b) A recipient restricted by the Minnesota restricted recipients program shall not receive
services from a temporary personal care assistant.
new text end

new text begin (c) A temporary personal care assistant shall not provide assistance with health-related
procedures and tasks as described under section 256B.0659, subdivision 2, paragraphs (c)
to (e), or redirection due to behaviors as described under section 256B.0659, subdivision
2, paragraph (f), without first receiving individualized training from the host agency.
new text end

new text begin Subd. 9. new text end

new text begin Maximum charges for supplemental personal care assistance services. new text end

new text begin A
supplemental personal care assistance provider agency must not bill or receive payments
from a host personal care assistance provider agency under this section at a rate higher than
150 percent of the medical assistance rate for personal care assistance services in effect at
the time the temporary personal care assistant provided temporary personal care assistance
services.
new text end