as introduced - 92nd Legislature (2021 - 2022) Posted on 03/26/2021 10:12am
A bill for an act
relating to human services; modifying personal care assistance program; amending
Minnesota Statutes 2020, section 256B.0659, subdivisions 1, 6.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2020, section 256B.0659, subdivision 1, is amended to read:
(a) For the purposes of this section, the terms defined in
paragraphs (b) to (r) have the meanings given unless otherwise provided in text.
(b) "Activities of daily living" means grooming, dressing, bathing, transferring, mobility,
positioning, eating, and toileting.
(c) "Behavior," effective January 1, 2010, means a category to determine the home care
rating and is based on the criteria found in this section. "Level I behavior" means physical
aggression deleted text begintowardsdeleted text endnew text beginnew text end self, others, or destruction of property that requires the immediate
response of another person.
(d) "Complex health-related needs," effective January 1, 2010, means a category to
determine the home care rating and is based on the criteria found in this section.
(e) "Critical activities of daily living," effective January 1, 2010, means transferring,
mobility, eating, and toileting.
(f) "Dependency in activities of daily living" means a person requires assistance to begin
and complete one or more of the activities of daily living.
(g) "Extended personal care assistance service" means personal care assistance services
included in a service plan under one of the home and community-based services waivers
authorized under chapter 256S and sections 256B.092, subdivision 5, and 256B.49, which
exceed the amount, duration, and frequency of the state plan personal care assistance services
for participants who:
(1) need assistance provided periodically during a week, but less than daily will not be
able to remain in their homes without the assistance, and other replacement services are
more expensive or are not available when personal care assistance services are to be reduced;
(2) need additional personal care assistance services beyond the amount authorized by
the state plan personal care assistance assessment in order to ensure that their safety, health,
and welfare are provided for in their homes.
(h) "Health-related procedures and tasks" means procedures and tasks that can be
delegated or assigned by a licensed health care professional under state law to be performed
by a personal care assistant.
(i) "Instrumental activities of daily living" means activities to include meal planning and
preparation; basic assistance with paying bills; shopping for food, clothing, and other
essential items; performing household tasks integral to the new text beginnew text endpersonal care assistance
deleted text begin servicesdeleted text endnew text beginnew text end; communication by telephone and other media; and travelingdeleted text begin, includingdeleted text endnew text beginnew text end to medical appointments and to participate
in the communitynew text beginnew text end.
(j) "Managing employee" has the same definition as Code of Federal Regulations, title
42, section 455.
(k) "Qualified professional" means a professional providing supervision of personal care
assistance services and staff as defined in section 256B.0625, subdivision 19c.
(l) "Personal care assistance provider agency" means a medical assistance enrolled
provider that provides or assists with providing personal care assistance services and includes
a personal care assistance provider organization, personal care assistance choice agency,
class A licensed nursing agency, and Medicare-certified home health agency.
(m) "Personal care assistant" or "PCA" means an individual employed by a personal
care assistance agency who provides personal care assistance services.
(n) "Personal care assistance care plan" means a written description of personal care
assistance services developed by the personal care assistance provider according to the
(o) "Responsible party" means an individual who is capable of providing the support
necessary to assist the recipient to live in the community.
(p) "Self-administered medication" means medication taken orally, by injection, nebulizer,
or insertion, or applied topically without the need for assistance.
(q) "Service plan" means a written summary of the assessment and description of the
services needed by the recipient.
(r) "Wages and benefits" means wages and salaries, the employer's share of FICA taxes,
Medicare taxes, state and federal unemployment taxes, workers' compensation, mileage
reimbursement, health and dental insurance, life insurance, disability insurance, long-term
care insurance, uniform allowance, and contributions to employee retirement accounts.
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Minnesota Statutes 2020, section 256B.0659, subdivision 6, is amended to read:
The service plan must be completed by the assessor with the
recipient and responsible party on a form determined by the commissioner and include a
summary of the assessment with a description of the need, authorized amount, and expected
outcomes and goals of personal care assistance services. The recipient and the provider
chosen by the recipient or responsible party must be given a copy of the completed service
plan within ten working days of the assessment. The recipient or responsible party must be
given information by the assessor about the options in the personal care assistance program
to allow for review and decision making.new text beginnew text end
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