SF 5427

as introduced - 93rd Legislature (2023 - 2024) Posted on 04/16/2024 09:02am

A bill for an act
relating to human services; providing for equal access to electronic verification
system data for electronic verification vendors; permitting weekly electronic
documentation of certain services; amending Minnesota Statutes 2022, section
256B.073, subdivision 4; Minnesota Statutes 2023 Supplement, section 256B.073,
subdivision 3.

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

Section 1.

Minnesota Statutes 2023 Supplement, 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) consider existing best practices and use of electronic visit verification;

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

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

(6) 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 providers of services.

(e) The commissioner shall make available and publish on the agency website the name
and contact information for the vendor of the state-selected electronic visit verification
system and the other vendors that offer alternative electronic visit verification systems. The
information provided must state that the state-selected electronic visit verification system
is offered at no cost to the provider of services and that the provider may choose an alternative
system that may be at a cost to the provider.

new text begin (f) The commissioner must make data access through direct electronic means available
to all vendors of electronic visit verification systems offered in the state. The commissioner
must make the data available to the same extent and on the same terms to all vendors,
regardless of whether the vendor is providing the state-selected electronic verification system
or providing an alternative system at a cost to the provider.
new text end

Sec. 2.

Minnesota Statutes 2022, 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.

new text begin (d) For services provided in the service provider's own home, a service provider may
electronically document the services on a weekly basis provided the documentation contains
the elements listed under subdivision 2, paragraph (b), clauses (1) to (6).
new text end