Minnesota Legislature
SF 3563
Conference Committee Report - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
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A bill for an act
relating to human services; making changes to continuing care provisions;
amending local certification requirements; amending Minnesota Statutes 2007
Supplement, section 256B.49, subdivision 16a.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2007 Supplement, section 256B.49, subdivision 16a,
is amended to read:
Subd. 16a.
Medical assistance reimbursement.
(a) The commissioner shall
seek federal approval for medical assistance reimbursement of independent living skills
services, foster care waiver service, supported employment, prevocational service,
new text begin and new text end structured day servicedeleted text begin , and adult day caredeleted text end under the home and community-based
waiver for persons with a traumatic brain injury, the community alternatives for disabled
individuals waivers, and the community alternative care waivers.
(b) Medical reimbursement shall be made only when the provider demonstrates
evidence of its capacity to meet basic health, safety, and protection standards through
new text begin the following methods:
new text end
new text begin (1) for independent living skills services, supported employment, prevocational
service, and structured day service through new text end one of the methods in paragraphs (c) deleted text begin to (e)deleted text end new text begin
and (d); and
new text end
new text begin (2) for foster care waiver services through the method in paragraph (e)new text end .
(c) The provider is licensed to provide services under chapter 245B and agrees to
apply these standards to services funded through the traumatic brain injury, community
alternatives for disabled, or community alternative care home and community-based
waivers.
(d) The deleted text begin local agency contracting for the services certifies on a form provided by thedeleted text end
commissioner new text begin shall certify new text end that the provider has deleted text begin the capacity to meet the individual needs
as identified in each person's individual service plan. When certifying that the service
provider meets the necessary provider qualifications, the local agency shall verify that the
provider has deleted text end policies and procedures governing the following:
(1) protection of the consumer's rights and privacy;
(2) risk assessment and planning;
(3) record keeping and reporting of incidents and emergencies with documentation
of corrective action if needed;
(4) service outcomes, regular reviews of progress, and periodic reports;
(5) complaint and grievance procedures;
(6) service termination or suspension;
(7) necessary training and supervision of direct care staff that includes:
(i) documentation in personnel files of 20 hours of orientation training in providing
training related to service provision;
(ii) training in recognizing the symptoms and effects of certain disabilities, health
conditions, and positive behavioral supports and interventions;
(iii) a minimum of five hours of related training annually; and
(iv) when applicable:
(A) safe medication administration;
(B) proper handling of consumer funds; and
(C) compliance with prohibitions and standards developed by the commissioner to
satisfy federal requirements regarding the use of restraints and restrictive interventions.
The deleted text begin local agencydeleted text end new text begin commissioner new text end shall review at least deleted text begin annuallydeleted text end new text begin biennially that new text end each service
provider's deleted text begin continued compliance with the standardsdeleted text end new text begin policies and procedures new text end governing
basic health, safety, and protection of rightsnew text begin continue to meet minimum standardsnew text end .
(e) The commissioner shall seek federal approval for Medicaid reimbursement
of foster care services under the home and community-based waiver for persons with
a traumatic brain injury, the community alternatives for disabled individuals waiver,
and community alternative care waiver when the provider demonstrates evidence of
its capacity to meet basic health, safety, and protection standards. The deleted text begin local agencydeleted text end
new text begin commissioner new text end shall verify that the new text begin adult foster care new text end provider is licensed under Minnesota
Rules, parts 9555.5105 to 9555.6265, new text begin the child foster care provider is licensed as family
foster care or a foster care residence under Minnesota Rules, parts 2960.3000 to 2960.3340
new text end and certify that the provider has policies and procedures that govern:
(1) compliance with prohibitions and standards developed by the commissioner to
meet federal requirements regarding the use of restraints and restrictive interventions; deleted text begin anddeleted text end
(2) documentation of service needs and outcomes, regular reviews of progress,
and periodic reportsdeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(3) safe medication management and administration.
new text end
The deleted text begin local agencydeleted text end new text begin commissionernew text end shall review at least deleted text begin annuallydeleted text end new text begin biennially thatnew text end each service
provider's deleted text begin continued compliance with the standardsdeleted text end new text begin policies and procedures new text end governing
basic health, safety, and protection of rights standardsnew text begin continue to meet minimum
standardsnew text end .