SF 792

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/13/2024 10:02am

A bill for an act
relating to human services; establishing continuity of care requirements for seniors
receiving personal assistance under medical assistance managed care; amending
Minnesota Statutes 2022, section 256B.69, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2022, section 256B.69, is amended by adding a subdivision
to read:

new text begin Subd. 6h. new text end

new text begin Continuity of care for seniors receiving personal assistance. new text end

new text begin (a) If an
individual 65 years of age or older is receiving personal assistance from the same agency
continuously during the six months prior to being newly enrolled with any managed care
or county-based purchasing plan, the managed care plan or county-based purchasing plan
with which the individual is newly enrolled must allow the enrollee to continue to receive
any personal assistance otherwise covered under the terms of the plan from the enrollee's
current agency, provided the enrollee continues to live in the service area of the enrollee's
current agency.
new text end

new text begin (b) This subdivision applies only if the enrollee's current agency agrees to accept as
payment in full the lesser of either:
new text end

new text begin (1) the managed care plan's or county-based purchasing plan's in-network reimbursement
rate for the same covered service at the time the service is provided; or
new text end

new text begin (2) the medical assistance fee-for-service rate for the same covered service at the time
the service is provided.
new text end

new text begin (c) For the purposes of this subdivision, "agency" means any of the following:
new text end

new text begin (1) an agency provider as described in section 256B.85;
new text end

new text begin (2) a financial management services provider for an enrollee who directly employs direct
care staff through the community first services and supports budget model or through the
consumer-directed community supports option available under the alternative care program,
the elderly waiver, or the Minnesota senior health option; or
new text end

new text begin (3) a personal care assistance provider agency as defined under section 256B.0659,
subdivision 1, paragraph (l).
new text end

new text begin (d) For the purposes of this subdivision, "personal assistance" means any of the following:
new text end

new text begin (1) community first services and supports, extended community first services and
supports, or enhanced rate community first services and supports under section 256B.85;
new text end

new text begin (2) personal assistance provided through the consumer-directed community supports
option available under the alternative care program, the elderly waiver, or the Minnesota
senior health option; or
new text end

new text begin (3) personal care assistance services, extended personal care assistance services, or
enhanced rate personal care assistance services under section 256B.0659.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end