SF 4565

as introduced - 92nd Legislature (2021 - 2022) Posted on 05/03/2022 08:06am

A bill for an act
relating to human services; modifying electronic visit verification requirements;
amending Minnesota Statutes 2020, section 256B.073, subdivisions 3, 4, by adding
a subdivision.

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

Section 1.

Minnesota Statutes 2020, section 256B.073, subdivision 3, is amended to read:

Subd. 3.

Requirements.

(a) In developing implementation requirements for electronic
visit verification, the commissioner shall ensure that the requirements:

(1) are minimally administratively and financially burdensome to a provider;

(2) are minimally burdensome to the service recipient and the least disruptive to the
service recipient in receiving and maintaining allowed services;

(3) do not apply to an individual providing service if the individual shares the same
residential address as the service recipient;

(4) do not permit GPS tracking when service is provided outside the home;

(5) do not require tracking specific assistance, supports, procedures, or tasks provided
unless by use of check boxes on a predetermined list;

(6) do not require real-time tracking of specific assistance, supports, procedures, or tasks
performed during a shift;

(7) do not require reporting the number of minutes allotted during the shift to each
individual assistance, support, procedure, or task;

(8) do not require providing a reason code attached to care that is not performed during
a shift;

(9) consider existing best practices and use of electronic visit verification;

(4) (10) are conducted according to all state and federal laws;

(5) (11) are effective methods for preventing fraud when balanced against the
requirements of clauses (1) and (2) to (8); and

(6) (12) are consistent with the Department of Human Services' policies related to covered
services, flexibility of service use, and quality assurance.

(b) The commissioner shall make training available to providers on the electronic visit
verification system requirements.

(c) The commissioner shall establish baseline measurements related to preventing fraud
and establish measures to determine the effect of electronic visit verification requirements
on program integrity.

(d) The commissioner shall make a state-selected electronic visit verification system
available to all providers of services. The state-selected system and any mode of equipment
by which a person would use the state-selected system must be available for use by any
individual who is providing a service, regardless of the location in which the service is
provided.

Sec. 2.

Minnesota Statutes 2020, section 256B.073, subdivision 4, is amended to read:

Subd. 4.

Provider requirements.

(a) A provider of services may select any electronic
visit verification system that meets the requirements established by the commissioner.

(b) All electronic visit verification systems used by providers to comply with the
requirements established by the commissioner must provide data to the commissioner in a
format and at a frequency to be established by the commissioner.

(c) Providers must implement the electronic visit verification systems required under
this section by a date established by the commissioner to be set after the state-selected
electronic visit verification systems for personal care services and home health services are
in production. For purposes of this paragraph, "personal care services" and "home health
services" have the meanings given in United States Code, title 42, section 1396b(l)(5).
Reimbursement rates for providers must not be reduced as a result of federal action to reduce
the federal medical assistance percentage under the 21st Century Cures Act, Public Law
114-255.

(d) If a provider has multiple modes of equipment for use with the provider's selected
electronic visit verification system, the provider must allow the individual providing services,
subject to the approval of the service recipient or service recipient's representative, if any,
to determine which available mode of equipment is used with the provider's electronic visit
verification system.

Sec. 3.

Minnesota Statutes 2020, section 256B.073, is amended by adding a subdivision
to read:

Subd. 5.

Provider rate reductions prohibited.

Reimbursement rates for providers must
not be reduced as a result of federal action to reduce the federal medical assistance percentage
under the 21st Century Cures Act, Public Law 114-255.